2018’s Bad Guys in Energy

Charles Sartain of Gray Reed & McGraw has posted a list of what he calls “2018’s parade of reprobates, rapscallions and others generally lacking in moral hygiene” in the world of energy law.

He reports on a “mendacious filing” in an SEC civil enforcement action against Chris Faulkner; seven defendants, nine co-conspirators and three unnamed “government officials” allegedly involved in the embezzlement of funds from Venezuela’s government-owned oil company; a former Chevron employee charged with conspiracy to commit many felonies; a former Texas state senator; the culprit in a garden variety wire fraud and money laundering case; and more.

Read the article.

 

 

 




Fears Nachawati Co-Founder Appointed to Key Dallas Bar Association Panel

Fears Nachawati Law Firm co-founder Majed Nachawati has been appointed to the Dallas Bar Association’s Lawyer Referral Service Committee.

For more than three decades, the DBA’s Lawyer Referral Service has served as an important resource for Dallas County residents who need legal advice and representation. This year, approximately 16,000 residents are expected to be referred to attorneys through the LRS panel.

“Our American civil justice system provides critical tools for individuals and the guardians of our environment and water to have a jury of their peers do what is right against some of the most powerful business interests the world has ever seen,” said Nachawati. “I look forward to helping the committee bring legal access to more Dallas County residents.”

In a release, the firm said Nachawati is involved in the regional and statewide legal community. In addition to his work with the Lawyer Referral Service, he is a member of the DBA’s Legal Ethics Committee and serves as District Chairman for District 6 of the State Bar of Texas Grievance Committee.

 

 




When a Promise Isn’t Enough – Crafting Proper Employee Patent Assignments

Employees are the engine that drives a manufacturer’s innovations, but employees’ potentially patentable innovations only become the employer’s intellectual property if the proper patent assignment language is used, warns Foley & Lardner in its Manufacturing Industry Advisor blog.

Authors Christopher King and Richard Dancy explain:

“All employees that may develop potentially patentable innovations during the course of their employment should be required to sign contracts transferring ownership of all intellectual property rights to their employer. This may even include factory employees who submit ideas for product improvements through an employee suggestion program. However, if employee patent assignments are not carefully crafted, manufacturers may end up in a nightmare situation – believing they own a valuable patent invented by an employee when, in reality, it belongs to the employee.”

Read the article.

 

 




Enforcing a Non-Compete Agreement? One Size Does Not Fit All

Non-compete agreements are subject to state law, and states vary in their treatment of them. There is no one-size-fits-all non-compete agreement, and the enforceability of a non-compete agreement turns upon the state law under which it is construed, points out a blog post from Knobbe Martens.

A case in point involves two high-end, off-price fashion brands are duking it out over an employee jumping ship, write authors Alexander D. Zeng and Mark Kachner.

“Generally, states that are more willing to enforce non-compete provisions do so for countervailing policy reasons: to prevent trade secret misuse, reduce the cost of trade secret litigation, protect employers’ investments in employees, and favor freedom of contract. The outcome of this lawsuit will be heavily impacted by the state law governing Arcuri’s non-compete agreement.”

 Read the article.

 

 




A Guide to Outsourcing Contractual Relations

Kilpatrick Townsend & Stockton has published a structured guide to outsourcing in the USA.

The guide covers contract forms, due diligence, duration and renewal, supplier selection, service specifications, charging methods, warranties and indemnities, and ending the agreement.

Authors of the guide, which is published at Lexology.com, are James Steinberg, Joshua M. Benson, Farah F. Cook, Joshua S. Ganz, Julie C. Grundman, Maha Khalaj, Lance McCord, Michelle Tyde, Amanda M. Witt and Vita Zeltser.

Read the article.

 

 




Parties Must Proceed to Arbitration Despite Unavailability of Arbitration Forum Specifically Named in the Contract

An Ohio appellate court has addressed an issue that arose when an arbitrator specified in a contract is no longer available.

Pepper Hamilton’s Constructlaw blog covers the case in which a homeowner sued a contractor, alleging unjust enrichment and fraud. The contractor moved to compel arbitration under the agreement arbitration provision. But the specified arbitrator, the Ohio Arbitration and Mediation Center, appeared to be defunct.

“Because it was still possible to arbitrate the issues, the Court determined the agreement was not unenforceable due to impossibility,” writes Ryan R. Deroo. “The Court explained that this conclusion was consistent with the intent of the parties as they agreed to arbitrate disputes, and a change in forum should not override the fundamental purpose of the arbitration provision.”

The appellate court directed the trial court to appoint another arbitrator.

Read the article.

 

 

 




Chicago Alderman Charged in Alleged Extortion to Get Business for His Law Firm

Image by Kate Gardiner

A federal criminal complaint unsealed Thursday charged Chicago alderman Edward Burke with attempted extortion for allegedly using his position as alderman to try to steer business to his private law firm from a company seeking to renovate a fast-food restaurant in his ward, the Chicago Tribune reports.

The charge carries a maximum of 20 years in prison on conviction.

“The complaint details Burke’s repeated attempts to pressure the executives into hiring his law firm, Klafter & Burke, including during a June 2017 lunch meeting at the swanky Beverly Country Club at 87th Street and South Western Avenue. The FBI had the meeting under surveillance,” writes the Tribune‘s Jason Meisner.

Read the Chicago Tribune article.

 

 




Federal Courts Run Out of Cash Next Friday. Here’s What Happens Then

Bloomberg Law reports that companies that turn to the federal courts to resolve fights with rivals and customers may find themselves in limbo if the government shutdown continues beyond next week.

The system can spend money left over from fees and other sources to run through Jan. 11, writes Bloomberg’s Erik Larson.

“After that, nonessential workers at the 94 federal district courts, and at higher courts across the country, may have to stay home even as skeleton crews show up—without pay—to handle matters deemed essential under U.S. law, including many criminal cases,” Larson explains.

Individual courts and judges then will decide how to fulfill those critical functions.

Read the Bloomberg Law article.

 

 




Nissan Ex-Chairman to Get a Day in Court Almost Two Months After Shock Arrest

Carlos Ghosn will finally see the inside of a Japanese court room next week, almost two months after his arrest on financial crimes, reports Bloomberg.

Ghosn’s lawyer said his client will attend a hearing of the Tokyo district court on Jan. 8 in an effort to obtain an explanation on why the former Nissan Motor Co. chairman — who was taken into custody Nov. 19, and has had his detention extended repeatedly — remains in jail.

Bloomberg’s Kae Inoue reports: “While Ghosn has been indicted by Japanese prosecutors on allegations of under-reporting his compensation, the length of his detention and the lack of clarity provided on the case has drawn criticism.”

Read the Bloomberg article.

 

 




Webinar: 2019 Top Ten Predictions for Legal Compliance

NAVEX Global will present a complimentary webinar titled “Top 10 Compliance Trends for 2019” on Thursday, Jan. 17, 2019, beginning at 10 a.m. Pacific time (1 p.m. Eastern).

The event will cover topics like GDPR, regulatory vs. public pressure, expanding third party risks, and more.

Recommendations will include:

  • Aligning whistleblower stats to increased revenue
  • Understanding the full landscape of third-party risk
  • The current and future state of GDPR
  • Managing culture and compliance around artificial intelligence
  • Incentivizing employees for ethical behavior
  • And more…

Register for the webinar.

 

 




Munck Wilson Mandala Opens LA Office

Munck Wilson MandalaMunck Wilson Mandala, with three offices in Texas, and The Hecker Law Group of California have joined forces to create a larger law firm with a Los Angeles office, the firm announced.

Gary Hecker and his team add more than 36 years of West Coast legal experioence to the newly opened MWM LA office.

The combined firm will provide legal services in technology, intellectual property, corporate and securities, M&A, entertainment, labor and employment, and commercial and complex litigation, the announcement said.

Read more about the firm.

 

 

 




Trial Attorney Dick Sayles Joins Bradley Law Firm to Open Dallas Office

Texas trial attorney Richard A. “Dick” Sayles has joined Bradley Arant Boult Cummings LLP to lead the firm’s new Dallas office. Sayles, along with eight members of the Sayles Werbner team, will make up the firm’s first office in North Texas.

It is the firm’s 10th location nationally and second in Texas.

“We could not have asked for a better attorney to help introduce Bradley to North Texas,” said Jonathan M. Skeeters, Bradley’s Chairman of the Board and Managing Partner. “Dick Sayles is a legendary trial attorney with impeccable courtroom skills. We are excited to add him and his team of experienced trial lawyers and look forward to a collaboration that will greatly benefit our clients.”

Sayles co-founded Sayles Werbner in 1994, building the firm into one of the most honored and respected litigation boutiques in the nation and compiling an impressive list of verdicts and settlements for its business, commercial, personal injury and patent litigation clients. Eight Sayles Werbner attorneys are joining Mr. Sayles at Bradley.

“Bradley’s core values of client service, ethics and professional excellence align with those I have always had for my practice.” says Sayles. “The firm will make us stronger and better and, as far as I’m concerned, the sky is the limit. I’m excited that so many of my colleagues with whom I’ve worked for so long are joining me in this move.”

Board Certified in both Civil Trial Law and Personal Injury Trial Law by the Texas Board of Legal Specialization, Sayles has tried more than 150 jury trials, earning more than a dozen verdicts in excess of $1 million, including a $1.67 billion patent infringement verdict in 2009. At the time, it was the largest patent verdict in U.S. history. He also has numerous significant defense wins.

Honored as the 2018 Dallas Bar Association Trial Lawyer of the Year, Sayles has also been recognized by Chambers USA, Benchmark Litigation and Best Lawyers in America. In addition, he is a Fellow in the American College of Trial Lawyers, International Academy of Trial Lawyers and International Society of Barristers. Recently, Sayles was featured in the Texas Lawbook publication, “Lions of the Texas Bar.” His peers have selected him seven times to the list of the Top 10 lawyers in Texas, as named by Texas Super Lawyers.

Joining Sayles as founding members of Bradley’s Dallas office are former Sayles Werbner attorneys William S. Snyder, Mark E. Torian, Shawn C. Long, Robert L. Sayles, Sawyer Neely, Mark D. Strachan, Samuel T. Acker and Stacy D. Simon.

Snyder has an active practice in state and federal courts and in arbitration. He represents clients in a broad spectrum of business litigation, including prosecuting or defending breach of contract claims, business torts, claims between partners or members of closely held companies, securities fraud claims, legal malpractice claims, and ultra vires claims against officers and directors.

ncluded in The Best Lawyers in America and named a Texas Super Lawyer for the last 10 consecutive years, Mr. Snyder frequently handles disputes arising from transactions related to securities, asset purchases, private equity investments, real estate, oil & gas, and intellectual property. In addition to his trial court practice, he has argued cases before the United States Court of Appeals for the Fifth Circuit and the Texas appellate courts.

Torian is an experienced litigator who has argued more than 20 criminal and civil lawsuits to verdict. He has successfully represented plaintiffs in a multimillion-dollar business fraud and breach of fiduciary duty and commercial bribery case. His business and white-collar practice includes representing businesses and individuals in disputes over misappropriation of trade secrets, securities violations, civil theft, shareholder derivative rights, partnership breakups, oil and gas disputes, personal injury and wrongful death. Mr. Torian’s white-collar work includes representing clients in state and federal white-collar criminal investigations brought forth by the Texas Department of Justice, Internal Revenue Service, Securities and Exchange Commission and U.S. Department of Justice. As a Marine in the United States Marine Corps, he was assigned to Diplomatic Security with the U.S. State Department at U.S. embassies and consulates.

Long’s practice focuses on a wide range of issues, including defending attorneys and law firms against professional negligence claims, breach of fiduciary duty claims and fee disputes. Honored in The Best Lawyers in America listing for 2018 and 2019, and in D Magazine’s list of Best Lawyers in Dallas for 2017 and 2018, she represents clients in federal and state court for business litigation matters, including energy litigation, complex commercial disputes, product liability, and securities and financial fraud.

Rob Sayles represents plaintiffs and defendants in the areas of commercial litigation, products liability, premises liability, personal injury and wrongful death, and employment. He has earned significant defense wins, including a recent summary judgment on a covenant not to compete claim in which his client faced more than $3.6 million in claims. He also defended the city of Dallas in several high-profile lawsuits filed by firefighters and police officrs claiming billions of dollars in back pay. Mr. Sayles has been included in the Texas Super Lawyers Rising Stars list since 2012 and the 2017 edition of D Magazine’s list of Best Lawyers in Dallas.

Neely represents businesses and individuals in litigation and arbitration involving complex business disputes, breach of contract, physician and business noncompete agreements, trade secret and copyright, fraudulent transfer, wrongful foreclosure, direct and derivative shareholder and securities claims. Neely also guides businesses with independent internal investigations regarding workplace safety, sexual, gender or racial discrimination and/or harassment and environmental compliance. Neely is regularly named to the list of Texas Super Lawyers Rising Stars and to D Magazine’s Best Lawyers in Dallas.

Strachan has 37 years of trial experience with a focus in patent and commercial litigation. His clients include farmers, doctors, engineers, welders, pharmaceutical companies, financial entities, and technology firms. Recognized in Texas Super Lawyers for IP litigation since 2011, Strachan has tried patent cases to verdict in the Eastern and Northern Districts of Texas as well as argued at the United States Court of Appeals for the Federal Circuit. A native of East Texas, he has served at East Texas Baptist University in Marshall, Texas, as an adjunct professor. He is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization and is an associate of the American Board of Trial Advocates.

Acker’s practice focuses on business, commercial and securities litigation and arbitration and white-collar criminal defense. He represents plaintiffs and defendants in state and federal court actions involving contracts, partnership and corporate governance disputes, investment products and securities industry sales practice violations, as well as fraud and breach of fiduciary duty allegations.

Simon represents business clients in complex commercial disputes in arbitration and in state and federal courts. Her expertise includes antitrust claims, contract disputes, breach of fiduciary duty claims, fraud and negligent misrepresentation claims, trade secret and non-competition issues, securities and transactional fraud, FOIA requests, partnership and shareholder disputes, as well as libel defense.

The Dallas office is located at 1201 Elm Street, Suite 4400, in Dallas, Texas.

 

 




Miller & Chevalier Announces Howlett as New Member in Tax Practice

Miller & Chevalier Chartered announced the election of Andrew L. Howlett as Member in the Tax Practice. The promotion was effective January 1.

“We are pleased to welcome Andrew into the firm’s Membership,” said Marc J. Gerson, Chair of Miller & Chevalier. “He has already made significant contributions to the Tax Department and the firm, and we look forward to his continued achievements as a new Member.”

In a release, the firm said Howlett has experience on a wide range of domestic and cross-border transactions with respect to federal income taxes, having advised clients on asset and stock purchases, joint ventures, mergers, recapitalizations, and spin-offs.

The release continues:

He has helped clients understand and plan for the tax consequences of these transactions through drafting operative documents as well as through providing informal and formal advice, including written tax opinions. Howlett has worked with taxpayers to navigate key changes brought about by the Tax Cuts and Jobs Act (2017), including with respect to the 20 percent passthrough deduction under section 199A and the interest deduction limitation under section 163(j). He has also represented taxpayers in federal income tax proceedings in front of IRS appeals and has negotiated favorable resolutions of disputed complex federal tax issues with the IRS. He earned a J.D. from University of Virginia School of Law and a B.A., with distinction in all subjects, from Cornell University.

“From the time Andrew joined the firm in May of 2012 he has worked on many of Miller & Chevalier’s most significant tax matters, assisting companies and individuals with a broad range of tax issues,” said George A. Hani, Chair of the Tax Department. “We are excited to welcome him as a Member in the Tax Department.”

 

 




Freeborn Elevates Ryan Blackney, Elizabeth Janczak and Tina Wills to Partner

Freeborn & Peters LLP announced that the firm has elevated Chicago attorneys Ryan W. Blackney, Elizabeth L. Janczak and Tina Wills to income partners, effective Jan. 1.

“We are very pleased to introduce Ryan, Liz and Tina as Freeborn’s newest Income Partners,” said Freeborn Co-Managing Partner William E. Russell. “Each has demonstrated a high degree of knowledge and success for our clients and we look forward to their continued contributions as leaders at our firm.”

Blackney is a member of Freeborn’s Litigation and Bankruptcy and Financial Restructuring practice groups. He focuses his practice on trial work in complex commercial and bankruptcy litigation, especially involving commercial fraud, fraudulent transfers, and objection to discharge adversary proceedings in bankruptcy court.

Prior to joining Freeborn, Blackney was an Assistant State’s Attorney for eight years. He received his J.D. from Chicago-Kent College of Law and his Bachelor of Arts from Miami University.

A member of Freeborn’s Bankruptcy and Financial Restructuring Practice Group, Janczak’s practice focuses primarily on representation of creditors’ committees, debtors, post-confirmation trustees, and creditors in chapter 11 commercial bankruptcy proceedings, as well as representation of trustees, lenders, and creditors in chapter 7 liquidation proceedings. She also has represented plaintiffs and defendants in litigation arising under the Perishable Agricultural Commodities Act in federal courts and before the USDA.

Janczak received her J.D. (magna cum laude) from the University of Illinois College of Law and her Bachelor of Arts (magna cum laude) from Loyola University.

Wills is a member of Freeborn’s Litigation Practice Group. She focuses her practice on complex commercial lawsuits, appeals, and critical motions designed to resolve cases before trial. She has extensive experience representing large corporations, small businesses, and individuals in a wide range of state and federal commercial matters, including employment disputes, false claims act actions, breach of contract cases, environmental mass tort litigation, and other complex disputes.

Wills received her J.D. (magna cum laude) from DePaul University College of Law and her Bachelor of Arts (cum laude) from Illinois Wesleyan University.

 

 




Neal Gerber Eisenberg Adds Andrew G. May to Partnership in Litigation Practice Group

Andrew G. May, previously an associate in Neal Gerber Eisenberg’s Litigation Practice Group, has been promoted to partner, effective January 1, 2019.

May focuses his practice on high-stakes litigation and has substantial experience in successfully prosecuting and defending a wide variety of litigation and arbitration matters from inception through trial and appeal in federal and state courts throughout the country.

“Ever since joining the firm as a summer associate, Andrew has distinguished himself as a top-notch litigator with a penchant for taking on challenging cases and achieving exceptional results,” said Managing Partner Scott J. Fisher. “Andrew’s ingenuity, skilled advocacy, and strategic vision make him an asset to the firm’s clients, and his elevation to partner is a validation of the firm’s inclusive, collaborative and industrious culture. We are proud to welcome him to the partnership.”

Over the course of his career at NGE, May has been a member of several successful trial and arbitration teams, has argued and won significant motions and appeals, and has proven adept at securing dismissals at the early stages of litigation. In 2017, May successfully argued an appeal before the Illinois Appellate Court in an insurance coverage dispute that captured front page media coverage. May’s practice encompasses a wide array of subject areas, including breach of contract claims, business torts, defamation, insurance coverage, fraud, antitrust, class action defense, partnership and shareholder disputes, trade secrets, products liability, real estate disputes, and aviation claims.

In addition, May iserves as a member of NGE’s Pro Bono Committee. He received the firm’s Pro Bono Excellence in Service Award in 2013 and was selected to serve on the Certificates of Rehabilitation Subcommittee for the Illinois Supreme Court’s Access to Justice Commission in 2016.

May received his law degree magna cum laude from Northwestern Pritzker School of Law and his undergraduate degree magna cum laude from Colgate University.




Blank Rome Bolsters Adds Terrence Everett in Los Angeles Office

Terrence A. Everett has joined Blank Rome LLP as a partner in the firm’s Corporate, M&A, and Securities group in the Los Angeles office.

Everett, a transactional lawyer, focuses his practice on corporate and finance transactions, mergers and acquisitions, corporate governance and securities, and real estate dealings. he joins Blank Rome from Carlsmith Ball LLP.

“We are delighted that Terrence is joining our firm,” said Grant S. Palmer, Blank Rome’s Managing Partner and CEO. “Terrence brings to Blank Rome significant strength in corporate matters across several thriving industries. He will make a fantastic addition to the Corporate group and our growing Los Angeles office, which just welcomed a prominent family law team of attorneys and professional staff led by Kristina Royce and Ashley Silberfeld to our nationally recognized Matrimonial and Family Law group.”

In a release, the firm said Everett serves as outside general counsel to various establishments that range from New York Stock Exchange companies to start up entities, often in connection with corporate structure and governance, acquisitions, operations, and financing. His clients have spanned numerous industries, including retail, financial services, agriculture, entertainment, hospitality, and gaming, among others.

“Terrence’s work aligns seamlessly with our practice and we are thrilled to have him join our team,” said Peter Schnur, Co-Chair of Blank Rome’s Corporate, M&A, and Securities practice group. “Terrence will be a key resource for both our clients and attorneys as he brings with him invaluable knowledge gleaned from a storied career of successful deals.”

“The decision to join Blank Rome came naturally,” said Terrence. “My work aligns considerably with the firm’s Corporate group and I couldn’t be more excited to join such a collegial team. I look forward to continuing to provide my clients with the outstanding service they’ve come to expect at a firm that’s growing from coast to coast.”

Everett earned his J.D. from Loyola Law School, cum laude, and his B.A. from the University of California, magna cum laude.

 

 




Perkins Coie Announces 2019 Partner Class

Perkins Coie announced that 27 counsel and senior counsel have been promoted to partner. The new partner class of 2019 includes:

• Sunita Bali (San Francisco)
• Pam Berkowitz (Chicago)
• Emily Bushaw (Seattle)
• Elvira Castillo (Seattle)
• Harvey Chen (Palo Alto)
• Ulrike Connelly (Seattle)
• Bradley Cosman (Phoenix)
• Chelsea Curfman (Denver)
• Lara Dueppen (Los Angeles)
• Sambo Dul (Phoenix)
• Deborah Dunn (Boise)
• Imri Eisner (New York)
• Danielle Fortier (Denver)
• Sarah Gillstrom (Anchorage)
• David Gold (Chicago)
• Patrick McKeever (San Diego)
• Megan Morrissey (Chicago)
• Joshua Nelson (Boise)
• Melissa Oka (Chicago)
• David Perez (Seattle)
• Lynwood Reinhardt (Dallas)
• Matthew Rojas (Phoenix)
• Holly Simpkins (Seattle)
• Victoria Smith (Palo Alto)
• Dana Syracuse (New York)
• John (Randy) Tyler (Seattle)
• Kyle Wood (Dallas)

“The 2019 partner class includes a group of attorneys who continuously demonstrate an unwavering commitment to client service and exemplify the core values of Perkins Coie’s culture,” said John Devaney, Firmwide Managing Partner. “In recognition of their substantive contributions to client work and superior leadership and legal skills, we are honored to welcome them into the partnership.”

In a release, the firm profiled all the new partners:

Perkins Coie 2019 Partner Class

Sunita Bali is a member of Perkins Coie’s Litigation practice. She primarily represents technology clients in privacy and consumer class action disputes, as well as other complex commercial litigation matters in California state and federal courts. Sunita defends companies against claims brought under California’s Unfair Competition Law and False Advertising Law and claims for breach of contract, fraud, tortious interference, invasion of privacy, trade secret misappropriation and copyright infringement. She has also handled all aspects of civil litigation, including dispositive motion practice, discovery, opposing motions for class certification, dispute resolution and trial preparation.

Pam E. Berkowitz (Chicago) is a member of Perkins Coie’s Trust & Estate Planning practice. Her practice focuses on estate planning, transfer taxation, and trust and estate administration and probate, including the creation of business and estate plans and the management and protection of wealth, while minimizing estate, gift and generation-skipping taxes. Pam has also advised clients, family office professionals, and other financial professionals on the creation, funding, and maintenance of trusts and business entities.

Emily A. Bushaw (Seattle) is a member of Perkins Coie’s Labor and Employment practice. Emily’s practice focuses on employment litigation, arbitration and counseling. Her experience includes defense of discrimination, harassment and retaliation claims, wage-and-hour class actions, and whistleblower, trade secret and non-competition claims. She also provides counsel to clients regarding human resources issues, discipline and discharge matters, employee handbooks and policies, wage-and-hour law, employee classification issues, and arbitration and separation agreements.

Elvira Castillo (Seattle) is a member of Perkins Coie’s Litigation practice. Elvira handles complex civil litigation matters concerning antitrust, unfair competition, securities regulations and internal investigations, specifically matters arising under the federal Sherman Act, Clayton Act, Federal Trade Commission Act, Foreign Corrupt Practices Act, and numerous state consumer protection acts. She has represented both plaintiffs and defendants in state and federal courts across the country in a variety of industries, including film and entertainment, aviation, food and financial institutions.

Harvey Chen (Palo Alto) is a member of Perkins Coie’s Intellectual Property practice. He focuses on all aspects of IP matters with an emphasis on patent procurement, strategy planning and counseling, post-grant validity contentions (including inter partes reviews), and litigation support for electrical and mechanical arts. Harvey also provides trademark consultation and registration services to his clients. As a native Mandarin speaker, Harvey is experienced in helping Asian companies navigate through various kinds of legal issues in the United States.

Ulrike (Rike) Connelly (Seattle) is a member of Perkins Coie’s Litigation practice. She represents clients throughout all stages of civil litigation, from advising on the need to bring litigation through the appeal. Her experience covers complex business litigation with extensive electronic discovery, trade secret disputes, franchise issues and estate litigation. Rike also regularly represents clients before the Washington State Liquor and Cannabis Board to advocate for new or different regulations, including challenging the agency’s actions in court under the state Administrative Procedure Act.

Bradley A. Cosman (Phoenix) is a member of Perkins Coie’s Corporate and Bankruptcy & Restructuring practices. A former corporate turnaround advisor with FTI Consulting and a Certified Insolvency and Restructuring Advisor (CIRA), Bradley counsels clients on multiple aspects of corporate restructuring, including legal, accounting, operational, strategic and financial issues. He represents constituents throughout the capital stack, including debtors, senior and junior secured lenders, unsecured creditors, principals and guarantors. Bradley has particular experience with privately held and middle-market companies.

Chelsea W. Curfman (Denver) is a member of Perkins Coie’s White Collar & Investigations practice. She conducts internal investigations for clients facing issues involving bribery, corruption, accounting and securities fraud, and other workplace misconduct. Chelsea identifies and assesses potential violations of laws such as the Foreign Corrupt Practices Act and other anti-bribery and anti-corruption laws, whether in the context of investigating whistleblower allegations, responding to a subpoena from regulators like the Department of Justice or Securities and Exchange Commission, or assessing risk in a potential acquisition target or supply chain partner. She also helps clients design and implement corporate compliance programs.

Dr. Lara J. Dueppen (Los Angeles) is a member of Perkins Coie’s Intellectual Property practice. She has experience in a wide range of intellectual property matters, including patent procurement and global patent portfolio management, due diligence and freedom to operate, inter partes review proceedings and patent litigation. She has represented clients in matters covering a broad range of technologies, with a primary focus on biotechnology.

Sambo (Bo) Dul (Phoenix) is a member of Perkins Coie’s Political Law group. She focuses her practice on political litigation, representing voters, campaigns, political committees, activists and others with an interest in the political process in actions in state and federal courts across the country. Bo has significant experience in voting rights matters, including challenging state and local restrictions that make it more difficult for eligible voters to participate in the democratic process. She also assists clients with compliance and internal investigations in matters involving the Foreign Corrupt Practices Act and international anti-corruption laws.

Deborah V. Dunn (Boise) is a member of Perkins Coie’s Trust & Estate Planning practice. Deborah focuses her practice on multigenerational estate planning and administration for high net worth families, family offices and owners of closely held businesses. This includes drafting sophisticated estate plans, representing clients in complex estate and gift tax audits, and advising executors in will contests and disputes with beneficiaries. She also represents trustees with respect to trust and estate administration, as well as beneficiaries with respect to rights and claims.

Imri Eisner (New York) is a member of Perkins Coie’s Emerging Companies & Venture Capital practice. He represents venture-backed companies and venture and private equity funds in a variety of securities and debt issuances, mergers and acquisitions, and corporate governance matters. Imri’s experience includes buy- and sell-side M&A, purchaser and issuer side equity financings, and origination, acquisition and distress debt financings.

Danielle L. Fortier (Denver) is a member of Perkins Coie’s Corporate practice. She represents strategic and financial buyers in structuring, negotiating and documenting a wide range of public and private company transactions, including mergers, acquisitions, divestitures, financings and restructurings. Danielle advises clients in a number of industries and is experienced with transactions in the software, technology, and consumer and agricultural products sectors.

Sarah C. Gillstrom (Anchorage) is a member of Perkins Coie’s Litigation practice. Sarah’s practice focuses on construction law and commercial litigation in both federal and state courts. In addition to representing clients in breach-of-contract litigation, she has experience assisting clients—including owners, contractors, and design professionals—in construction disputes. Sarah also drafts and negotiates construction agreements. In addition, Sarah represents clients in real estate transactions and litigation.

David J. Gold (Chicago) is a member of Perkins Coie’s Corporate practice. David’s practice concentrates on financial restructuring, bankruptcy, general commercial litigation, distressed real estate and workouts. He represents debtors, creditors and trustees in bankruptcy proceedings and has significant experience in Chapter 11 reorganizations, Chapter 7 liquidations and hotel industry restructurings.

Patrick McKeever (San Diego) is a member of Perkins Coie’s Patent Litigation practice. He handles complex patent disputes in district courts around the country and before the U.S. Patent Office’s Patent Trial and Appeal Board. Patrick’s cases have involved a wide variety software and computer-related technologies. He represents a mix of FORTUNE 500 and emerging companies.

Megan G. Morrissey (Chicago) is a member of Perkins Coie’s Mergers & Acquisitions practice. Megan focuses her practice on corporate transactions with an emphasis on debt finance. She also advises various private equity funds in multimillion-dollar portfolio acquisitions and restructurings, and regularly negotiates and structures both secured and unsecured financing transactions. Megan represents private equity sponsors, portfolio companies, commercial lending institutions, and other private and public companies, as well as borrowers in matters involving senior, mezzanine and subordinated debt transactions; acquisition financings, loan workouts and restructuring; asset-based financings; first, second and split lien financings; structured loan participations; distressed debt and investment portfolio acquisitions. She is experienced with financings in the regulated fields of telecommunications, healthcare and technology.

Joshua M. Nelson (Boise) is a member of Perkins Coie’s Intellectual Property group. Joshua counsels clients in all aspects of patent portfolio management, including the preparation and prosecution of patent applications, patent licensing and litigation, and portfolio acquisitions and sales. He has represented clients in every stage of growth across a wide variety of industries, including semiconductor manufacturing and packaging, computer hardware, telecommunications, aerospace, medical device, software, and image and video processing.

Melissa J. Oka (Chicago) is a member of Perkins Coie’s Financial Transactions and Corporate Law practices. Melissa focuses on commercial finance transactions for public and closely held companies, banks and other financial institutions, and private equity funds. She also assists companies with the New Markets Tax Credit and Opportunity Zones, and with opportunities in the hotel and hospitality sector.

David A. Perez (Seattle) is a member of Perkins Coie’s Litigation practice. David practices complex commercial litigation with an emphasis on intellectual property, consumer protection, class actions, constitutional law, unfair competition and trial practice. He regularly works on trade secret disputes, counseling clients asserting trade secret misappropriation or defending against misappropriation claims. As part of his constitutional law practice, David regularly advises clients on First Amendment, communications, media, and internet-related matters, including as litigation counsel.

Lynwood E. Reinhardt (Dallas) is a member of Perkins Coie’s Corporate practice. He focuses his practice on corporate governance and transactions, representing clients in mergers and acquisitions, recapitalizations, joint ventures, investment fund formation, initial public offerings and large private placements. Lynwood has significant representative experience in the energy, healthcare and technology sectors.

Matthew L. Rojas (Phoenix) is a member of Perkins Coie’s Environment and Natural Resources and Energy Law practices. He counsels municipal and industrial clients on complex natural resource and environmental issues, including the development of natural resources and renewable energy on public lands and within Indian Country, the acquisition, transfer, and wheeling of surface and groundwater rights in the Southwest, and environmental permitting and compliance work for utility and infrastructure projects such as solar and wind farms, and power lines and pipelines on private, state and federal lands. Many of Matthew’s clients operate in the mining, utility and agricultural sectors.

Holly M. Simpkins (Seattle) is a member of Perkins Coie’s Intellectual Property Litigation practice. Holly represents both plaintiffs and defendants in trademark and copyright litigation throughout the United States. She also has extensive experience counseling clients on intellectual property and brand protection strategies, including securing, policing, investigating and enforcing her clients’ rights as well as investigating and removing from the market counterfeit and other unauthorized goods. In addition to federal court litigation, Holly regularly appears in matters before the Trademark Trial and Appeal Board.

Victoria Q. Smith (Palo Alto) is a member of Perkins Coie’s Patent Litigation practice. She focuses on litigating patent and other intellectual property rights in the telecommunications, biotech, electronics and software fields, including technology related to cellular devices, data encryption and compression, pharmaceuticals, email, mapping and enterprise software, and graphics software and chips. She handles all aspects of patent infringement cases, including e-discovery, invalidity and non-infringement defenses, fact and expert witness depositions, Markman hearings, summary judgment motions and trial.

Dana V. Syracuse (New York) is a member of Perkins Coie’s Technology Transactions & Privacy Law practice. Dana concentrates his practice in the blockchain, fintech, e-commerce and financial services sectors, working with clients on regulatory, business and product counseling, cyber and data security, and enforcement concerns. He works with a range of fintech and digital business clients on federal and state regulatory, compliance and enforcement matters; complex bank regulatory issues, including privacy, anti–money laundering; Bank Secrecy Act and Know-Your-Customer matters; consumer protection; and contract drafting and negotiations.

John (Randy) R. Tyler (Seattle) is a member of Perkins Coie’s Litigation and Privacy & Security practices. Randy concentrates his practice on privacy, security and free speech issues associated with electronic communications and activity. He represents communications providers with respect to digital search, seizure and disclosure issues, and has deep expertise on issues involving the Stored Communications Act, Wiretap Act, Pen Register Trap and Trace Act, Communications Assistance for Law Enforcement Act, All Writs Act, California Electronic Communications Privacy Act, and related state and local laws.

Kyle Wood (Dallas) is a member of Perkins Coie’s Technology Transactions & Privacy Law practice and the Blockchain Technology & Digital Currency industry group. Kyle advises technology clients, ranging from startups to FORTUNE 100 companies, on an array of technology transactions and privacy matters, with a specific emphasis on blockchain technology. Kyle works with clients in the telecommunications, information technology, internet, medical device, biotechnology and energy industries.

 

 




Michael Best Strategies Adds Brian Taffora as a Principal in Wisconsin

Michael Best Strategies announced that Brian Taffora has joined the firm as a principal in the Wisconsin office, where he will provide strategic guidance to clients on a variety of public policy, government relations, regulatory, and legislative matters.

Taffora currently serves on the transition team for Wisconsin’s Governor-elect, Tony Evers, and was previously a managing director at CSA Partners in Milwaukee, where he managed a venture capital fund for tech startups. He is the co-founder of Ward4, a coworking space in Milwaukee, specifically designed to encourage collaboration and innovation among the city’s entrepreneurial community.

“Brian is deeply-rooted in the economic development and entrepreneurial sectors in Wisconsin and has played a key role in helping Wisconsin businesses and communities thrive and grow,” said Rob Marchant, President of Michael Best Strategies. “His government and lobbying experience and his work for innovative companies brings a fresh perspective to our team of government and public affairs practitioners in Wisconsin and around the country.”

Taffora was also previously the Director of Economic Development at the Office of the Milwaukee County Executive and the Executive Director/ VP of Government Affairs for the Wisconsin Business Council. In these roles, he worked with government and business leaders throughout the state to implement development projects, bolster business activity and job growth and provide insights to business leaders and state officials on state policy and legislation.

“I’m looking forward to joining the accomplished team at Michael Best and getting back to my roots in government affairs and legislative policy,” said Taffora. “Joining a team of like-minded and driven legal and business strategists is a logical decision for me. I’m excited to join the ranks.”

Taffora received his B.A. from the University of Wisconsin-Whitewater.

 

 




Arent Fox Expands San Francisco Office with Addition of Kay & Merkle Team

Arent Fox LLP announced the addition of seven lawyers from Kay & Merkle, a San Francisco-based commercial, real estate, automotive, and litigation firm with deep ties in the Bay Area. The Kay & Merkle team joined the firm on January 1, 2019. The expansion follows the announcement of Arent Fox’s merger with Posternak Blankstein & Lund LLP, a 55-lawyer Boston-based firm focusing on business transactions and complex litigation.

“This group from Kay & Merkle shares our values, culture, and approach,” said firmwide Managing Partner Cristina A. Carvalho. “After working with them for many years, we have come to find that their sterling reputation is well-earned and their focus on the automotive, financial, and real estate industries is a great match for our key practice areas. We are delighted to welcome the Kay & Merkle team and look forward to working with them.”

Joining Arent Fox are Kay & Merkle Founders Steven Kay and Walter F. Merkle and attorneys W. Bruce Bercovich, John W. Merkle, Angele C. Solano, June M. Lee, and Douglas A. Marshall. A Bay Area institution since 1973, Kay & Merkle has extensive experience in the structuring, acquisition, sale, development, financing, and leasing of significant real estate projects and automotive matters.

“Adding Steven, Walter, Bruce, John, and the rest of their team is big for Arent Fox and our growing San Francisco office,” said San Francisco Managing Partner Richard L. Brand. “They provide depth and talent to an already strong and growing transactional practice. The ‘Kay & Merkle brand’ is well-respected in Northern California and beyond and for good reason. Their practical counsel and bottom-line solutions are precisely the type of service that Arent Fox provides. We are happy to welcome them to the Arent Fox family.”

The attorneys joining Arent Fox include:

• Steven Kay: Kay is a founding member of San Francisco-based law firm Kay & Merkle. He has been advising clients in real estate, business transactions, and sports matters for over four decades. Mr. Kay currently represents family offices, Napa Valley vintners, and real estate developers throughout Northern California.

• Walter F. Merkle: Merkle is a founding member of Kay & Merkle. He has extensive experience in the acquisition, sale, financing, and leasing of commercial real estate properties. In connection with many transactional matters, Mr. Merkle has formed and structured business entities, including limited partnerships and limited liability companies. In addition, Mr. Merkle has significant experience representing family offices.

• W. Bruce Bercovich: Bercovich focuses on a variety of commercial transactions with an emphasis on the retail automotive industry, where he has advised on the purchase and sale of more than 300 new vehicle dealerships (automobiles, motorcycles, and trucks) in California and other states. Mr. Bercovich maintains subspecialties in real estate purchase, sales and leasing, and in matters relating to the retail automotive industry.

• John W. Merkle: Merkle focuses primarily on business transactions that involve acquisitions and sales and the structure of private business organizations, which includes corporations, limited liability companies, and limited partnerships. Mr. Merkle provides advice regarding a broad range of transactions, including multi-generational family business matters.

 

 




Lowenstein Sandler Elects Seven to Partnership

Lowenstein Sandler announced that seven lawyers have been elected to the partnership in 2019: Lesley P. Adamo, Dmitry Andreev, Marc S. Kurzweil, James B. O’Grady, Eileen Overbaugh, Peter Slocum, and Julie Levinson Werner.

In a release, the firm said these promotions represent the largest group of lawyers promoted to partner in the firm’s history.

The firm also elevated six associates to counsel: Brandon Fierro, Joseph G. Jones, Robert Lynn, Brianne Perlman, Nedda N. Salehi, and Leah Satlin. All promotions became effective Jan. 1, 2019.

“It is an honor to welcome these accomplished attorneys as partners and counsel to help lead the firm into the future,” said Chairman and Managing Partner Gary M. Wingens. “These promotions reflect our commitment to providing clients with service that is innovative, solutions-driven, and reflective of our deep understanding of their businesses. And it is further evidence that Lowenstein is the right place for talented lawyers to pursue productive, fulfilling careers. We are confident that these outstanding individuals will play a critical role in the firm’s continued success.”

New Partners

Lesley P. Adamo is a member of the firm’s Tax group, where she works with clients, as well as her corporate colleagues, to understand clients’ business objectives and help ensure that transactions are structured tax-efficiently. She provides counsel on a variety of transactional tax matters, including corporate, partnership, and individual tax issues arising at the federal, state, and international levels, and she advises clients in connection with mergers and acquisitions, joint ventures, fund formation, and the various tax issues specific to startup businesses. Lesley earned her LL.M. in Taxation from New York University School of Law and her J.D. from Fordham University School of Law. She received her B.A. in Economics and Psychology from Amherst College.

Dmitry Andreev is a member of the firm’s Tech Group and Patent Counseling & Prosecution group, where he guides clients through the complex landscape of intellectual property law with the goal of enhancing their IP assets and protecting their investments. A registered patent attorney with considerable technical experience, he drafts and prosecutes patent applications in the computing science and electrical engineering fields, including computer hardware and software, network architecture and management, communication protocols, wireless communications, image processing, cloud computing, and blockchain-related applications. Dmitry earned his J.D. from Rutgers Law School and his M.S. in Computer Engineering from the Moscow Institute of Steel and Alloys.

Marc S. Kurzweil is a member of the firm’s Debt Financing and Corporate groups, where he advises international and U.S.-based lenders and borrowers from a range of industries, including insurance, paper and forest products, pharmaceuticals, real estate, financial services, telecommunications, manufacturing, health care, art, technology, and diamonds and jewelry. He represents agent banks, lenders, corporate borrowers, private equity funds, hedge funds, real estate investment trusts (REITs), and high-net-worth individuals in a variety of complex financing transactions. Marc earned his LL.M. from Fordham University School of Law and his J.D. from New York Law School, where he was the staff editor of the Media Law and Policy Journal. He received his B.B.A. from The George Washington University.

James B. O’Grady is a member of the firm’s Capital Markets & Securities and Transactions & Advisory groups, where he focuses on capital markets and securities law, representing companies, investment banks, and investors in public and private offerings and SEC compliance. His transaction experience includes initial public offerings, follow-on offerings, secondary resales, private investments in public equity (PIPEs), registered directs (RDs), confidentially marketed public offerings (CMPOs), rights offerings, reverse mergers, convertible preferred equity and debt offerings, tender offers, and other transaction structures. James earned his J.D. from Columbia University School of Law, where he served as the finance editor of the Columbia Business Law Review. He received his M.B.A. from Columbia Business School and his B.A. from Harvard University, cum laude.

Eileen Overbaugh is a member of the firm’s Investment Management group, where she advises hedge funds, private equity funds, venture funds, and other pooled investment vehicles in connection with structuring, formation, and ongoing operations. Eileen negotiates seed and strategic investments as well as joint ventures, managed account arrangements, and other alternative investment relationships. Her practice is focused particularly on the business arrangements between principals of hedge funds and private equity funds, including governance of the investment manager and general partners of such funds. Eileen earned her J.D. from Seton Hall University School of Law and her B.A. from Drew University, both summa cum laude.

Peter Slocum is a member of the firm’s Litigation department, where he represents public and private clients on complex issues ranging from white collar criminal defense to internal investigations, civil litigation, regulatory compliance, constitutional law, and business divorce. Peter served as First Assistant Attorney General of New Jersey; in that role, he was the second-ranking lawyer in the state, serving as the Acting Attorney General on numerous matters and acting as one of the principal legal advisors to both the Governor of New Jersey and the Attorney General of New Jersey. Prior roles include Deputy Attorney General, Assistant Counsel to the Governor, and Counsel to the Attorney General. He earned his J.D., magna cum laude, from Seton Hall University School of Law, where he served as the business editor of the Seton Hall Law Review, and his B.S., magna cum laude, from Rutgers, The State University of New Jersey.

Julie Levinson Werner is a member of the firm’s Employment Counseling & Litigation group, where she provides clients with strategic advice on the potentially wide-ranging impact of employment matters. She serves a dual role as both employment law counselor and litigator, considering the employment actions of a business from every possible angle. Julie handles employment issues for clients—from startups to public companies—in a wide variety of sectors, including technology and life sciences entities. She earned her J.D. from Benjamin N. Cardozo School of Law, magna cum laude, and received her B.A. from Cornell University, with distinction.