Indemnifying for Negligence Makes a Mess

David Tollen of Tech Contracts Academy has some advice on using fault-triggered indemnities: Avoid them where possible and recognize that a fault-triggered indemnity might not do its job, which is to provide rules for dispute-free cooperation between the parties.

These fault-triggered indemnities create two problems — both related to the indemnitor’s obligation to defend the case, he explains. Those two problems are refusal to defend, and conflict of interest.

“[I]n a fault-triggered indemnity, the parties have opposing interests. The indemnitor wants to show that it did nothing wrong so it can escape responsibility. The indemnified party wants to establish the indemnitor’s fault, to keep it in the case. That makes cooperation difficult,” according to Tollen.

Read the article.

 

 

 




Service Contracts and the Magnuson-Moss Warranty Act

Although it is tempting to focus only on state laws when evaluating how a service contract is regulated, the federal Magnuson-Moss Warranty Act (MMWA) provides an important reminder that federal law may be equally as significant, point out Brian T. Casey and Jon L. Gillum of Locke Lord in an article for Warranty Week.

“Although service contracts mirror many of the features of traditional insurance products, most states expressly exclude them from the statutory definition of insurance, and the majority of states go one step further by establishing formal licensing and financial security requirements that govern the sale of service contracts to consumers by service contract provider or obligors,” they explain.

But such contracts also are potentially subject to the MMWA.

Read the article.

 

 




Download: Top 10 Compliance Trends eBook

NAVEX Global has published a new eBook titled “Top 10 Ethics & Compliance Trends for 2019.” The book is available for download at no charge from the company’s website.

“Transparency and trust define our industry’s challenges and opportunities for 2019,” the company says on its website. “With each expert opinion found in this year’s annual trends report, you’ll see how shifts in the workplace and regulatory environment bring to light the importance of authenticity and ethical practices.”

Some of the topics covered are:

  • Protected Activity & Corporate Governance
  • Third-Party Risk Beyond FCPA
  • Artificial Intelligence
  • New Global Business Practices
  • GDPR Enforcement Updates

Download the eBook.

 

 




Dallas Quadriplegic Crash Victim Wins $37.6 Million in Seat Belt Suit

A jury has awarded $37.6 million to a Dallas woman who was left paralyzed from injuries caused by a poorly designed seat belt system in a Honda minivan that rolled over in a collision in Dallas in 2015, according to a post on the website of Androvett Legal Media.

Sarah Milburn, 27, was a passenger in a Honda Odyssey that was hit broadside by a pickup truck on Nov. 15, 2015, causing the van to roll over onto its side and top. Milburn, who was a passenger in the third-row middle seat, suffered a broken neck and was left a quadriplegic, with very limited use of her arms and hands.

Milburn sued American Honda Motor Co. Inc. of Torrance, California, a subsidiary of Honda Motor Co., Ltd., claiming Honda’s design for the seat belt in the third row’s middle seat is defective. Specifically, the seat belt is a two-part system requiring the user to grasp a detachable shoulder strap from the van’s ceiling, anchor it to the seat and then pull the belt across the user’s hips and buckle it.

In independent testing, an expert showed the jury that fewer than 10 percent of people who were unfamiliar with the van’s two-part seat belt system were able to use it properly.

“What the jury understood is that it’s not enough to just equip a car with seat belts. The carmaker also has to make sure people can and will use them safely,” said attorney Charla Aldous of Aldous\Walker in Dallas, who along with Brent Walker represented Milburn at trial. “Sarah put the seat belt on the same way 50 out of 53 people in our studies did and wearing it that way was actually more dangerous than having no seat belt at all.”

Milburn also was represented by attorney Jim Mitchell of the PayneMitchell Law Group in Dallas.

The jury verdict includes a finding that the regulations governing seat belts in passenger cars were inadequate to protect the public from harm. The family is hopeful the finding will lead to the creation of “Sarah’s Law,” which would forbid automakers from using this seat belt system in the future, according to the Androvett post.

The case is Sarah Milburn v. American Honda Motor Co. Inc., number DC-16-16470 in the 116th Civil District Court in Dallas County, Texas.

 

 




One of Apple’s Former Top Lawyers Faces Criminal Charges for Insider Trading

Gene Levoff — who was senior director of corporate law and corporate secretary until September 2018 — has been charged by the SEC with trading “on material nonpublic information about Apple’s earnings three times during 2015 and 2016,” according to the lawsuit filed in the U.S. District Court of New Jersey, reports Forbes.

Forbes contributor Peter Cohan writes that the 44-year-old Levoff worked at Apple from 2008 until he was terminated in September 2018. At the time of his termination, he reported directly to the general counsel.

Fortune reports that the SEC alleged Levoff traded on advance knowledge of revenue-and-earnings figures multiple times dating back to 2011, with the illegal investments leading to about $227,000 in profits while allowing him to avoid $377,000 in losses.

Read the Fortune article.

Read the Forbes article.

 

 




Facebook Fine Could Total Billions if FTC Talks Lead to a Deal

The New York Times is reporting that Facebook and the Federal Trade Commission are discussing a settlement over privacy violations that could amount to a record, multibillion-dollar fine, according to three people with knowledge of the talks.

Sources told the Times that the company and the FTC’s consumer protection and enforcement staff have been in negotiations over a financial penalty for claims that Facebook violated a 2011 privacy consent decree with the agency, according to reporter Cecilia Kang.

“The F.T.C. began its investigation into Facebook’s mishandling of data after The New York Times reported in March 2018 that the information of 87 million users had been harvested by a British political consulting firm, Cambridge Analytica, without their permission,” writes Kang.

Read the NY Times article.

 

 




Former WV Supreme Court Justice Sentenced to 24 Months in Federal Prison

Former West Virginia Supreme Court justice Allen Loughry, author of a book chronicling political corruption, was sentenced Wednesday to 24 months in federal prison on 10 federal charges including mail fraud and wire fraud, reports the Charleston Gazette-Mail.

Loughry also was placed on three years supervisory release, fined $10,000 and ordered to pay $1,273 in restitution, according to the Gazette-Mail‘s Phil Kabler.

The charges against Loughry, who resigned from the court last October, included misuse of state vehicles and credit cards for personal travel; lying to federal investigators about that travel, as well as about having a state-owned antique desk in his home; and defrauding a legal institute by accepting a travel reimbursement when he had used a state vehicle for the trip.

Read the Gazette-Mail article.

 

 




Jackson Walker Elects 13 to Partnership in Four Texas Offices

Jackson Walker announced the election of 13 attorneys to the firm’s partnership. They are:

Austin: Collin Baker, Tyler Davey, William Dillard, Noah Galton, Andee Hartig, Kati Orso, David Snyder, Scott Weatherford, Jennifer Wertz
Dallas: Edwin Buffmire
Houston: Carey Hain, Lindsey Moorhead
San Antonio: Stephen Calhoun

Collin M. Baker’s practice focuses on the representation of foreign and domestic institutional investors with respect to their alternative assets investments, which include private equity funds, venture capital funds, real estate funds, energy funds and separate managed accounts. He has experience representing private and public companies in the acquisition and divestiture of oil and gas properties, as well as their general oil and gas contracts, including oil and gas leases, joint operating agreements, unit operating agreements and processing agreements. Baker received his J.D., with honors, from the University of Texas School of Law, where he served as Associate Editor of The Review of Litigation.

Edwin Buffmire represents clients in antitrust, white collar criminal, class action, and other sensitive investigations and complex disputes. Prior to Jackson Walker, Buffmire served as a judicial law clerk on the United States Court of Appeals for the Ninth Circuit. He received his J.D., cum laude, from Northwestern Pritzker School of Law, where he served as the Senior Article Editor of the Northwestern University Law Review. He has been admitted to the Supreme Court of Texas, the U.S. Court of Appeals for the Fifth, Ninth, and Tenth Circuits, and the U.S. District Court for the Northern, Southern, Eastern, and Western Districts of Texas. Since 2017, Thomson Reuters’ Super Lawyers has named him a “Rising Star.” Outside his practice, Edwin serves on the State Bar of Texas Antitrust and Business Litigation Section Council.

Stephen Calhoun represents plaintiffs and defendants in a wide range of complex commercial disputes, including contract claims, real estate matters, healthcare issues, and class actions. He also defends organizations and individuals against significant injury and property-damage claims. He received his J.D., with highest honors, from the University of Texas School of Law, where he served on the Texas Law Review as an Articles Editor. Before starting private practice, Calhoun served as a law clerk for Judge Douglas H. Ginsburg on the U.S. Court of Appeals for the D.C. Circuit. He has been named a “Rising Star” in Thomson Reuters’ Super Lawyers since 2014 and a “Best S.A. Lawyer” in San Antonio Scene since 2017.

Tyler P. Davey began his career as a corporate attorney at a large Silicon Valley-based law firm, where he represented entrepreneurs and their companies in private equity and public securities transactions. Davey also assists individuals and professional fiduciaries with estate and trust administration matters. He received his J.D. from Santa Clara University School of Law, and an LL.M. in Estate Planning from the University of Miami School of Law.

William B. Dillard maintains a business transactions practice with an emphasis on real estate and finance, focusing primarily in the areas of buying, selling, financing, developing and leasing commercial real estate. A large part of his practice involves commercial real estate development, as well as representing landlords and tenants in commercial leases, including long-term ground leases, build-to-suit, retail, office, medical, and industrial leases. He received his J.D., cum laude, from the University of Houston Law Center and studied abroad with the University of Barcelona’s International and Comparative Law Institute. Outside his practice, William is a member of the Real Estate Council of Austin and a Life Fellow of the Texas Bar Foundation.

Noah Galton’s practice focuses on commercial litigation, including eminent domain, real estate litigation, and general business litigation. Galton has successfully prosecuted numerous lawsuits to jury verdict and has appeared in dozens of administrative hearings across the State. In the context of eminent domain, Noah has represented electricity providers, oil/gas midstream and interstate pipeline companies, railroads, municipal utility districts, regional mobility authorities, and school districts in conjunction with extensive public projects aimed at expanding critical infrastructure in Texas. While working toward his J.D. at the University of Virginia School of Law, he served on the Editorial Board of the Virginia Environmental Law Journal. Recently, the Texas Bar Foundation elected Noah to fellowship. Outside his practice, he serves on the Waller Creek Conservancy Development Committee, is a member of the International Right of Way Association, and has served as a guest speaker at the University of Texas School of Law.

Carey Hain focuses on all aspects of commercial real estate transactions, including the acquisition, disposition, financing, and leasing of office space, mixed-use centers, multi-family complexes, and undeveloped property. She also represents borrowers and lenders in interim, permanent, and construction financing secured by real estate. In addition, she regularly assists tenants and landlords in office and retail leasing matters and operational and property management issues. Hain received her J.D., cum laude, from South Texas College of Law Houston and her B.A. from Rice University. Outside her practice, she is involved in the NAIOP Commercial Real Estate Development Association, Rice “R” Association, the Houston Livestock Show and Rodeo’s Calf Scramble Committee, Houston Zoo Flock, and the Houston Young Lawyers Association.

Andee L. Hartig represents public and private companies, real estate investment trusts, real estate investment funds and institutional real estate investors as sellers, purchasers, developers, and equity investors in the acquisition, development, debt and equity financing, management, leasing, and sale of improved and unimproved real estate. Her experience includes multi-asset portfolio acquisitions and dispositions, joint ventures, and the acquisition and disposition of real estate assets through various corporate and partnership structures. Prior to Jackson Walker, Hartig worked in the corporate office of Starwood Hotels and Resorts Worldwide. She received her J.D., summa cum laude, from Baylor Law School, where she served on the Baylor Law Review and Baylor Moot Court Team. Outside her practice, Hartig serves as a Director of the Boys & Girls Clubs of the Austin Area.

Lindsey C. Moorhead represents clients dealing with a wide range of environmental matters, including site cleanups, remediation and pipeline projects. She received her J.D., cum laude, from South Texas College of Law Houston, where she was named the Most Outstanding Female Graduate and served as the Editor-in-Chief of the South Texas Law Review. Last year, Lindsey was recognized by Chambers USA as an Associate to Watch in Environment-Texas and was elected a Texas Bar Foundation Fellow. She has been admitted to the U.S. Court of Appeals for the First and Fifth Circuits and the U.S. District Court for the Northern, Southern, Eastern, and Western Districts of Texas. Outside her practice, she is involved with the American and Houston Bar Associations, the Houston Young Lawyers Association, the Leadership Council on Legal Diversity’s Pathfinder Program, South Texas College of Law’s Young Alumni Council and Alumni Association.

Kati Orso assists clients in commercial real estate transactions, including acquisition, disposition, development of retail projects, and leasing of office, retail, restaurant, medical office building space. In addition, Orso’s practice includes representing publicly traded and privately held companies in the acquisition of large multi-state property portfolios ranging in value from $250 million to $7.6 billion. Orso previously served as in-house counsel for a full-service real estate company with an emphasis on retail leasing and development. She received her J.D. from the University of Houston, where she received the Ewer-Oren J.D. Health Law Writing Award, the Dean’s Award, and served as Chief Articles Editor of the Journal of Consumer and Commercial Law. Orso is involved with the Real Estate Council of Austin, the International Council of Shopping Centers, and the Junior League of Austin.

David A. Snyder focuses on private equity and mergers and acquisitions. Much of Snyder’s practice consists of fund formation on behalf of both institutional investors and sponsors. Snyder also represents private equity funds, investors and private and public companies in buy-side and sell-side M&A deals, co-investments and private equity investments, as well as venture capital and growth-stage financings, technology transactions, securities law compliance, corporate governance and other general corporate matters. He received his J.D., with honors, from the University of Texas School of Law, where he served as the Chief Articles Editor of the Texas Law Review.

Scott W. Weatherford’s trial practice focuses on trade secret, intellectual property, and technology-related commercial disputes. Scott advocates on behalf of Fortune 500 companies, start-ups, and local business owners in state courts, federal courts, arbitrations, and administrative agencies across the state. While working toward his J.D. at Baylor Law School, Weatherford participated in Baylor’s renowned trial advocacy program. He has been admitted to the Fifth Circuit Court of Appeals and the U.S. District Court for the Northern, Southern, Eastern, and Western Districts of Texas. In 2018, the Texas Bar Foundation elected him to fellowship and he currently serves on the nominating committee. Outside his practice, Weatherford is involved with the Central Texas Food Bank, Junior Achievement of Central Texas, Austin Stone Community Church, and the Austin Young Lawyers Association.

Jennifer F. Wertz represents a variety of stakeholders involved in bankruptcy proceedings and related complex litigation. She has significant experience in the healthcare, energy, and telecommunications industries. Prior to joining Jackson Walker, Wertz clerked for the Honorable H. Christopher Mott, U.S. Bankruptcy Court, Western District of Texas. She received her J.D., magna cum laude, from Texas Tech University School of Law, where she served on the Texas Tech Law Review and the Board of Barristers. Wertz has been admitted to the U.S. Court of Appeals for the Fifth Circuit, the U.S. Bankruptcy Court for the Northern, Southern, Eastern, and Western Districts of Texas, and the U.S. District Court for the Northern, Southern, Eastern, and Western Districts of Texas. Outside her practice, she serves as Treasurer for the Texas Women Lawyers and is Vice-President of the Austin Bar Association Bankruptcy Section Council. She also serves as the Chapter 11 debtor representative for Court Liaison Committee for the Bankruptcy Court for the Western District of Texas. She is a member of the Larry E. Kelly Inn of Court and the American Bankruptcy Institute.

 

 




AZA Names Four New Partners in Commercial and IP Litigation

Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C.Houston civil trial law boutique Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., or AZA, has announced four new partners for 2019.

Scott W. Clark, Ryan Hackney, Michael McBride, and Jane Langdell Robinson, are promoted to partner effective Jan. 28.

Hackney handles primarily complex commercial litigation cases. Clark and McBride focus on IP and patent litigation. Robinson is an appellate lawyer who mostly focuses on commercial litigation appeals.

Read details about the new partners.

 

 




WWE Hall of Famer Sues ‘Call of Duty’ Publishers, Alleges Copyright Infringement

WWE Hall of Famer Booker T. Huffman has filed a copyright infringement suit against the publishers of the video game franchise “Call of Duty,” claiming its character “Prophet” is too similar to the “G.I. Bro” comic book action hero character he created based on one of his early pro wrestling personas, according to a post on the website of Androvett Legal Media & Marketing.

The 2018 release Call of Duty: Black Ops 4 prequel depicts the pre-cybernetics Prophet which bears striking similarities to G.I. Bro, a special operations soldier created and copyrighted by Huffman from the Houston suburb of Friendswood.

“When seen side-by-side there can be no question that this character was copied from G.I. Bro. From the hair, body type and clothing, right down to facial expressions, the similarities are too profound to be an accident,” said Micah Dortch of the Dallas office of the Potts Law Firm. Huffman is represented by Dortch and Houston attorney Patrick Zummo with the Law Offices of Patrick Zummo.

Since the 2015 release of the G.I. Bro and the Dragon of Death Preview and G.I. Bro and the Dragon of Death comic books, Huffman has appeared at a number of events dressed as G.I. Bro to promote the titles.

In the first three days of its release by Activision Publishing Inc., Activision Blizzard Inc., and Major League Gaming Corp., Call of Duty: Black Ops 4 sold more than $500 million in physical copies and downloads. Total sales to date are thought to exceed $1 billion.

“Booker T. has devoted a significant amount of time and money creating and organically growing his G.I. Bro character,” said Dortch. “That entrepreneurial investment should not be erased by such a blatant act of copyright infringement by a gaming juggernaut.”

The case is Booker T. Huffman v. Activision Publishing, Inc., Activision Blizzard, Inc., and Major League Gaming Corp., filed in the U.S. District Court for the Eastern District of Texas.

 

 




Opioid Epidemic Lawsuits Take Strategy from Epic Big Tobacco Litigation

Thousands of lawsuits against pharmaceutical companies, prescription drug distributors and pharmacy retailers for their role in causing the opioid epidemic are based on the legal strategy honed 20 years ago in epic litigation against the tobacco industry, said Fears Nachawati Law Firm trial lawyer Jonathan Novak in a special appearance on the Lawyer 2 Lawyer podcast.

Trial lawyers are demanding that manufacturers and companies along the prescription drug supply chain pay sweeping economic penalties for damages caused by opioid drugs. Attorneys for those harmed by opioids are working to force the companies to pay to stop the scourge of opioid addiction going forward, a course similar to the tobacco litigation in the 1990s, said Novak, who is a former lawyer for the Drug Enforcement Administration with experience investigating abuses by pharmaceutical companies.

“What we’re looking to do is similar to what was done in the tobacco litigation,” Novak said in an appearance on the Legal Talk Network’s Lawyer 2 Lawyer podcast. “We want to hold these parties responsible, and then we want them to pay to fix the problem that they deliberately caused.

“Because of the nature of what these companies did – the ignoring of federal law and state law, the malicious, heartless, thoughtless way these companies pushed opioids, which they knew were addictive – we need to hold them accountable,” he said. “In my work at DEA, one thing I found every single time is that these companies do not have any interest in altruism. They are not going to do what’s right. We need to make them do that.”

 

 




Courtroom Reference Book ‘On the Jury Trial’ Tops UNT Press’ Best-Sellers List

The guide to courtroom preparation and trial strategy co-authored by Winston & Strawn Dallas Managing Partner Tom Melsheimer and Texas Judge Craig Smith that spent more than a year as the University of North Texas Press’ best-selling book, has consistently ranked among the publisher’s top-selling titles since its release in October 2017.

Almost immediately upon its release, “On the Jury Trial: Principles and Practice for Effective Advocacy,” vaulted to the top of UNT Press’ best-sellers list, holding that distinction from September 2017 through August 2018. According to UNT Press, the book remains solidly among the top 10 best-selling titles in its catalog through the beginning of 2019.

Described as the “senior law partner’s memo to associates on how to really try a case,” “On the Jury Trial” also represents a literal investment in the next generation of trial lawyers. Melsheimer and Smith have donated all profits from the sale of the book to the UNT Dallas College of Law, the only public law school in Dallas. The pledge has grown in significance with the continued strong combined physical and digital sales of the book.

“We are at a point where the number of jury trials is diminishing. As a result, too few lawyers are getting the experience they need to be effective advocates for their clients when they do end up before a jury,” said Melsheimer. “It is through the sharing of knowledge and experience that we can help prevent the loss of these important skills.”

The book has earned praise from preeminent trial lawyers across the country as an invaluable resource. Providing advice, examples, and commentary, “On the Jury Trial” offers an insider’s view into high-level trial preparation and strategy, focusing on jury selection, witness preparation, jury research, effective opening statements, and more.

Nationally renowned for his trial skills, Melsheimer has tried cases for more than 30 years. He has been honored as a Trial Lawyer of the Year by the Texas chapters of the American Board of Trial Advocates (ABOTA) as well as the Dallas Bar Association. Smith was an accomplished trial lawyer for more than 25 years before his election to the 192nd District Court in Dallas County in 2006.

 

 




Blank Rome Government Relations Announces Two New Principals in Washington, D.C.

Blank Rome Government Relations LLC, a wholly owned subsidiary of Blank Rome LLP, announced that Jennifer L. Carrier and Jennifer “Jenni” G. Ellison have new roles as principals in BRGR’s Washington, D.C., office.

“We are thrilled that Jennifer and Jenni now serve as principals on our team,” said C.J. Zane, managing principal of Blank Rome Government Relations. “Their new roles significantly enhance the multifaceted government relations services that our bipartisan group of professionals provide to our clients, allowing our team to effectively work with both sides of the aisle in Congress, as well as with the current and any future administration, to successfully navigate the complex political landscape in Washington, D.C.”

Carrier serves as of counsel at Blank Rome and joins BRGR as principal where she will work with former Federal Election Commission Chairman Scott Thomas, who now serves as senior principal at BRGR, on campaign finance, election, lobbying, ethics, and tax laws at the federal, state, and local levels. She has over a decade of extensive experience in government relations and political law, lobbying on behalf of national and international clients before Congress, federal agencies, and state and local office holders in many arenas, notably involving voting rights, foreign affairs, healthcare, homeland security, and nonprofit matters.

Carrier also provides pro bono compliance assistance, federal relations advocacy, and legal counsel to various organizations and resource centers. She earned her J.D. from Columbia University School of Law where she was a Harlan Fiske Stone Scholar, and her B.A. from the University of Minnesota.

Ellison has been promoted to principal at BRGR, after previously serving as a senior adviser to the team. She guides commercial entities, defense contractors, and research firms in executing their strategic and legislative objectives across the federal space. Prior to joining BRGR, she served as vice president, special sales development, for the BMW Group where she executed a strategic objective to develop, certify, and field a new armored vehicle platform for the U.S. government. She previously supported a multibillion division within BAE Systems to develop and execute their corporate legislative objectives. She formerly worked for the House Armed Services Committee at the U.S. House of Representatives. She started her career in state politics in Columbus, OH, where she was a campaign fundraiser and legislative aide at the Ohio House of Representatives.

Ellison received her diploma in National Security & Strategic Studies from the United States Naval War College in Washington, D.C., and her B.A. in Diplomacy & Foreign Affairs at Miami University in Oxford, OH. She also studied at John Dolibois European Center in Differdange, Luxembourg, and the Army War College in Carlisle, PA.

 

 




Navigating Open Source Risk with Tools for Usage Evaluation and License Compliance

Fitch, Even, Tabin & Flannery LLP will present a free webinar, “Navigating Open Source Risk with Tools for Usage Evaluation and License Compliance,” featuring Philip Odence of Black Duck On-Demand and Fitch Even partners Amanda Lowerre O’Donnell, Joseph F. Marinelli, and Steven G. Parmelee.

The event will be Thursday, February 28, at 9:00 am PST / 10:00 am MST / 11:00 am CST / 12 noon EST.

Software is increasingly incorporated into products released into the market, and more companies are releasing mobile applications every day. As the percentage of open source content in use rises, the legal and security risks accompanying such use needs to be actively managed. During this webinar, presenters will provide background information and actionable advice that will assist in handling open source.

Among other insights, presenters will discuss the following:

• Assessing license compliance and compatibility
• Leveraging tools to monitor and assess risks associated with software deals and open source software incorporated into a company’s code
• Creating programs and policies to effectively manage a company’s incorporation of open source into its code
• External web service call-out or API identification and management of associated obligations, risks, and privacy concerns

Register for the webinar.




Hanzo Live Webinar: The Dynamic Relationship Between Compliance and Marketing

Hanzo will present a webinar on the dynamic relationship between compliance and marketing on Thursday, Feb. 28, 2019, at 2 p.m. EST.

In today’s increasingly digital, collaborative, interactive, and social media-driven business landscape, the role of marketing and the campaigns, content, and messaging these professionals create can produce significant, unintended financial and reputational risks, the company said in a release. That risk is magnified when compliance is siloed from key functions, decisions, and business processes.

While it’s true that marketers can create problems and regulatory headaches for compliance professionals, it’s also true that compliance professionals can learn how to become more effective from their marketing peers, the release continues.

Tom Fox and Louis Sapirman will present the live, one-hour webinar .

All registrants will receive a recording of the webinar and copy of our presentation, and this webinar is currently pending approval by the SCCE for 1.2 live and non-live CCB CEUs.

In this webinar, experts discuss:

  • Common risks and compliance violations that can stem from digital marketing activity.
  • How compliance teams can become more effective through marketing best practices.
  • The benefits and risks of social media for compliance teams.
  • How compliance and marketing teams can form more transparent, collaborative relationships so both can succeed and do their best work.

Register for the webinar.

 

 




Azriel J. Baer Joins Farrell Fritz as Trusts & Estates Counsel

Azriel J. Baer has joined Farrell Fritz in its Uniondale office as trusts & estates counsel.

Baer is a New York City resident. Prior to joining Farrell Fritz, he was an associate at Orloff, Lowenbach, Stifelman and Siegel, P.A. in Morristown, NJ.

Baer earned his LL.M. in Taxation from New York University School of Law, his J.D. from Fordham University School of Law, and his B.A., summa cum laude, from Rutgers University.

He is admitted to the New York bar and the New Jersey bar.

 

 




Redgrave LLP Adds eDiscovery Litigator and Advisor Karin Jenson

Karin Jenson has joined Redgrave LLP as a partner and will lead the firm’s office in Cleveland, Ohio.

Jenson has 16 years of legal experience with a global focus on eDiscovery, information governance, complex business litigation, and government and internal investigations. She most recently was in-house counsel at General Motors where she was Lead Counsel for eDiscovery, information lifecycle and litigation hold teams, and counsel on various legal issues regarding customer data and technology.

“Karin’s extensive litigation and counseling experience, combined with her intense focus on the intersection of technology innovation with legal regulation and litigation, provides our clients with substantial knowledge about cutting-edge issues. Karin’s keen insights from her in-house experience will also be of benefit to all our clients,” said Vickie Redgrave, Chair, Executive Committee, Redgrave LLP.

“We have had the opportunity to work collaboratively with Karin in different circumstances across the years and have admired her focus, sound judgment and advocacy that helped clients achieve exceptional results. She is well respected for her thought-leadership, and we are delighted she is joining our team,” added Jonathan Redgrave, Managing Partner, Redgrave LLP.

“I have a passion for helping businesses work through all kinds of complex data-related legal questions, not just in eDiscovery, data privacy and information governance, but also in data work-streams such as with product innovation or international transactions,” said Jenson.

“There is no better place than Redgrave to practice information law and help businesses resolve questions that did not even exist just a short time ago, and I am excited about the opportunity to help our clients address these issues,” she said.

Prior to her work at General Motors, Jenson >was recognized in Chambers and Partners rankings (Band 4) in the category of Litigation: eDiscovery when she served as National Leader of BakerHostetler’s E-Discovery Advocacy and Management Team. The National Law Journal has named Karin a Top 50 Litigation Trailblazer.

Jenson received her J.D. from Cleveland State University’s Cleveland – Marshall College of Law and her B.A. from Miami University. She is set to receive her Master of Business Administration in the Spring of 2019 from Kettering University in Michigan; her final thesis addresses legal issues confronting companies that reuse or buy data and create new data products.

 

 




Attorney Natalie Friend Wilson Receives Certified Information Privacy Professional Designation

Shareholder Natalie Friend Wilson, a board certified business bankruptcy attorney in Langley & Banack, Inc., has earned the Certified Information Privacy Professional/United States (CIPP/US) credential through the International Association of Privacy Professionals (IAPP). The credential is the global standard in privacy and data protection and is accredited by American National Standards Institute (ANSI). Developed and launched by the IAPP with leading subject matter experts, the CIPP is the world’s first broad-based global privacy and data protection credentialing program.

As head of the firm’s Cybersecurity, Data Protection and Privacy practice group, Wilson counsels clients on enhanced compliance of privacy and data protection, governance policies and protocols, and general cyber-contracting matters, helping companies assess and manage the risk of a data breach and respond appropriately if protected information is compromised, the firm said in a release. She and practice group members assist organizations to manage rapidly evolving privacy threats and mitigate the potential loss and misuse of information assets.

“Privacy and data protection laws on the federal and state level work on a sectoral basis,” Wilson said. “Financial, healthcare, employer, consumer, and other sectors are governed by a complex web of privacy and data protection laws that are continuously evolving as online technology changes,” continued Wilson.

A breach can involve the unauthorized access of personal information or otherwise confidential data, such as trade secrets, confidential business processes, corporate structures and more.

Wilson holds a B.A. from St. Mary’s College of Maryland, summa cum laude, and a J.D. from the University of Hawai’i, William S. Richardson School of Law, where she graduated cum laude. She is a board certified in Business Bankruptcy by the Texas Board of Legal Specialization. Ms. Wilson practices in both Bankruptcy and Workouts, as well as Cybersecurity, Data Protection and Privacy for the firm.

 

 




Bradley Partner Hope Thai Cannon Appointed U.S. District Court Magistrate Judge

Bradley Arant Boult Cummings LLP announced that Hope Thai Cannon, a partner in the firm’s Birmingham office, has been appointed a full-time magistrate judge in the Pensacola Division of the U.S. District Court for the Northern District of Florida. The judges of the District Court selected Cannon to the bench effective March 4, 2019.

“We congratulate Hope on her appointment as a judge with the U.S. District Court for Northern District of Florida,” said Bradley Birmingham Office Managing Partner Dawn Helms Sharff. “We also are tremendously proud of Hope’s accomplishments and service to Bradley’s clients over her nearly 20 years with the firm.”

A lead trial attorney and member of Bradley’s Litigation Practice Group, Cannon has experience handling complex commercial, real property, employment and product litigation matters, the firm said in a release. She represents clients in a variety of industries, ranging banking and financial to manufacturing. She has tried numerous cases in federal and state courts in Texas, Florida and Alabama and has argued before the 11th Circuit Court of Appeals and state appellate courts in Alabama and Florida. Additionally, she provides in-house training to clients on a variety of litigation topics, including how to adequately prepare corporate witnesses for depositions, protecting attorney-client and work product privileges, and protecting confidential information when responding to discovery.

Cannon received her J.D. (magna cum laude) from the University of Alabama School of Law and her Bachelor of Science (cum laude) from the University of South Alabama.

 

 




Houston Federal Judge Bars Female Prosecutor From Trial, Sparking Standoff With U.S. Attorney’s Office

U.S. District Judge Lynn N. Hughes.

A federal judge banished a female prosecutor from his Houston courtroom last month, sparking a rare standoff between the new U.S. Attorney and a jurist with a history of sniping at lawyers, government officials and litigants, reports the Houston Chronicle.

“U.S. District Judge Lynn N. Hughes, a 77-year-old appointed by President Ronald Reagan, has been criticized in the past for making comments perceived as racist or sexist in court, write the Chronicle‘s Gabrielle Banks and Lise Olsen.

Hughes has twice ejected Assistant U.S. Attorney Tina Ansari before trials, claiming she lacked ability and integrity, records show.

Ansari was involved in a 2017 court session in which Hughes said, “It was a lot simpler when you guys wore dark suits, white shirts and navy ties… We didn’t let girls do it in the old days.” The 5th U.S. Circuit of Appeals found his remarks to be “demeaning, inappropriate and beneath the dignity of a federal judge.”

Read the Houston Chronicle article.