San Antonio oil and gas entrepreneur Brian Alfaro avoided getting hauled off to jail Friday, a day after a bankruptcy judge issued a warrant for his arrest, reports the San Antonio Express-News.

Alfaro had failed to provide various records to a court-appointed receiver, prompting the judge to issue an arrest warrant. But in a hearing in which Alfaro, attending via phone from his lawyer’s office as four federal marshals stood ready to take him to jail, the judge granted him an additional 10 days to comply.

The judge “presided over a trial in 2017 on 28 investors’ claims that they had been defrauded by Alfaro. The judge awarded nine of them $8 million. Alfaro is appealing. Rose’s duties include ensuring that investors collect on the judgment,” writes Patrick Danner of the Express-News.

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Snell & Wilmer offers some advice for businesses that may need to take a look at their existing contract templates to evaluate a refresh or, in certain circumstances, a major overhaul.

The article, posted on JDSupra.com, discusses updating contracts for changes in the law, creating a family of templates with consistent legal terms, creating a state addendum for use on contracts across multiple states, new delivery models, and new technologies and techniques.

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Above the Law reports that the Biglaw firm of Reed Smith has been named in a $500 million malpractice lawsuit filed by two defunct Bear Stearns investment feeder funds that Reed Smith represented in RMBS-related litigation.

Plaintiffs claim that Reed Smith failed to bring a case against the rating agencies — Standard & Poors, Moody’s, and Fitch Ratings — in a timely manner, resulting in those claims being dismissed, explains Above the Law senior editor Kathryn Rubino.

From the complaint:

“Reed Smith’s negligent failure to understand New York’s statute of limitations cost the Bear Stearns Funds what Reed Smith identified as a billion-dollar claim against various rating agencies.”

Read the Above the Law article.

Dale Kleber was 58 years old when he applied for a senior staff attorney position with CareFusion Corporation. On paper, his 25 years of legal experience, including serving as general counsel for a large corporation, showed he was qualified for the job.

But the position sought someone with three to seven years of legal experience. Kleber didn’t receive an invitation for an interview, but a 29-year-old lawyer was hired instead. Kleber sued under the ADEA, arguing that the seven-year experience cap on the position discriminates against older workers by automatically disqualifying them for the job.

Courthouse News Service reports that Kleber’s age discrimination suit failed when the en banc Seventh Circuit ruled Wednesday that the protections of the Age Discrimination in Employment Act apply only to current employees, not to job applicants.

Read the Courthouse News article.

A post on the website of  McGuireWoods LLP discusses three recent cases before the Supreme Court and the Third Circuit relating to the interpretation and enforceability of arbitration agreements.

The Third Circuit found in favor of Kaplan University in a case in which a student challenged an arbitration agreement included in an e-signed enrollment.

The Supreme Court ruled in a case in which the justices rejected a judicially created exception limiting enforcement of arbitrability.

And the Supreme Court upheld statutory exemption for an independent contractor.

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CNN tells the story of Steven Wall, managing partner of internationally renowned law firm Morgan Lewis, who almost saw his career and his marriage destroyed by his alcoholism.

His drinking started in high school and continued into his work life as a lawyer, including one time with a boozy business lunch that resulted in a blackout. CNN’s Jeanne Sahadi tells how Wall largely gave up drinking for several years, but then the cravings became too strong for him to resist.

“Wall attributes his alcoholism to three factors: his heredity, his personality and how he handled the enormous stress of his job,” Sahadi writes. “He said he often felt the need ‘to turn off my brain and to release the intensity and the pressure of what we do.'”

Read the CNN article.

Employment agreements between publicly-traded issuers and their executive officers often contain severance pay provisions that are heavily negotiated at the time of entering into the agreements, explains a post on the website of Hunton Andrews Kurth.

The post by Anthony J. Eppert considers whether the amount of contractually-provided severance pay could, over the employment term, be reduced proportionate to the increase in the executive’s wealth accumulation over the same time period (i.e., an inversely proportional relationship between the amount of severance pay and the amount of wealth accumulation by the executive over the employment term).

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Employment attorney Terah Moxley of litigation boutique Estes Thorne & Carr PLLC has been promoted to partner.

“We are exceptionally pleased that Terah has accepted this new role,” said managing partner Jessica Thorne. “With her focus on building relationships and developing winning strategies for clients, Terah embodies what makes this firm special. She joined our firm early in her career, and it has been exciting watching her practice develop. We look forward to her continued success.”

In a release, the firm said Moxley, a Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization, works to develop legal strategies and policies focused on keeping employers out of the courtroom, advising clients on issues including the Family and Medical Leave Act, the Fair Labor Standards Act, and the Americans with Disabilities Act. She also has represented clients in state and federal courts and appellate venues on matters involving discrimination, harassment, and retaliation, as well as restrictive covenants.

“Estes Thorne & Carr is focused on complete client service. It is not just about mobilizing when there is a crisis,” said Moxley. “We are all about developing strategies unique to the individual client and helping to enhance its day-to-day business. This type of work is why I became a lawyer and what I appreciate about practicing at this firm.”

Moxley earned her law degree from Baylor University School of Law, graduating at the top of her class in 2010. She earned her undergraduate degree in political science from Texas Christian University in 2004. She is a member of the Dallas Women Lawyers Association, Dallas Association of Young Lawyers, and Texas Young Lawyers Association. Her work has earned her recognition on Texas Super Lawyers’ Rising Stars listing of the top young attorneys in the state.

Frederic L. Smith Jr., a partner in Bradley Arant Boult Cummings LLP’s Birmingham office, has been named by Who’s Who Legal as among the world’s leading M&A and governance lawyers. He is listed in the 2019 edition of Who’s Who Legal: M&A and Governance.

“We congratulate Frederic on his inclusion in the latest Who’s Who Legal guide, honoring the top attorneys who practice in areas of M&A and governance,” said Bradley Birmingham Office Managing Partner Dawn Helms Sharff. “Frederic has demonstrated outstanding legal skills and leadership that continue to earn him praise from his clients and peers.”

A member of Bradley’s Corporate and Securities Practice Group, Smith has more than 20 years of experience advising businesses on M&A transactions, contract negotiations, business succession issues, and joint venture and financing transactions. He also serves as outside general counsel to several privately held and family-owned businesses. Smith has experience in diverse industries and a particular focus representing companies in the construction, manufacturing, construction aggregates, oil and gas services, and real estate industries. He is a member of the American Bar Association’s M&A Committee, for which he chairs a working group that tracks judicial developments in M&A transactions.

The 2019 edition of Who’s Who Legal: M&A and Governance is scheduled to be published in April by London-based Law Business Research Limited. Only lawyers who receive the highest number of recommendations from peers and clients as determined through independent research are listed in the publication. The Who’s Who Legal directories lists more than 24,000 private practice lawyers from more than 150 national jurisdictions, covering diverse areas of corporate and commercial law. The guides are intended to serve as reference sources for companies seeking to corroborate the reputations of lawyers recommended by another party.

The rules governing legal advertising for Texas attorneys and law firms are scheduled for some significant changes in the coming months, writes Bruce Vincent of Muse Communications in an online summary of the revised advertising rules to help legal professionals prepare.

In his post, he discusses the Texas Disciplinary Rules of Professional Conduct rules governing lawyer advertising that are up for revision and the substantive differences compared to the status quo, including rules on trade names, verdict amounts and specialization, prohibited solicitations, submissions to ad review, and exempt communications.

Read the article.

Image by NY Photographic

Unless an employment contract specifies the forum for arbitration and the process by which the arbitration will be conducted, a court may find that the parties have not reached an agreement to arbitrate, warns a post on the website of Porzio, Bromberg & Newman.

The authors discuss a New Jersey case that illustrates the need to use care in drafting.

An appellate court found that the arbitration clause in the contract did not specify what forum would substitute in place of the jury trial.

Read the article.

Business trial lawyer Jody Rodenberg of Sommerman, McCaffity, Quesada & Geisler LLP is featured in the January issue of Texas Monthly in a special section of Top Women Attorneys in Texas – those who were selected to the Texas Super Lawyers or Rising Stars list for 2018.

Rodenberg was selected to the Texas Rising Stars list based on her business litigation practice. To be considered for Rising Stars, an attorney must be 40 or younger or in practice no more than 10 years. Only 2.5 percent of eligible lawyers in Texas are chosen each year.

“I’m grateful to be included among such a talented group of women,” said Rodenberg. “This recognition comes from my peers, which means that the hard work we accomplish for our clients does not go unnoticed, and I appreciate that.”

Through an extensive selection process that involves nominations, independent research and peer evaluation, the Texas Super Lawyers legal guide each year recognizes the top attorneys in the state. Rodenberg was first named to the Texas Rising Stars list in 2017.

She also handles employment and ERISA litigation, personal injury, wrongful death and medical malpractice cases.

She is a 2011 graduate of Southern Methodist University’s Dedman School of Law and a member of the Dallas Association of Young Lawyers.

Perkins Coie announced that “KoKo” Ye Huang has joined the firm’s International Transactions & Trade practice as a partner in the Seattle office.

In a release, the firm said Huang counsels on a broad range of employment-based immigration matters, including advising employers on best practices and compliance with disclosure and documentation requirements from the U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, Department of Labor, Department of State, and other government agencies. She also assists employers with securing work authorization for foreign national employees working in the United States and represents companies and individuals in the preparation of employment-based immigration petitions and permanent resident applications.

Huang joins Perkins Coie Partner Greg McCall as part of the Seattle office’s dedicated immigration team.

“KoKo’s hire to Perkins Coie further deepens our ability to counsel clients in this highly specialized area,” said Georges Yates, Co-Chair of Perkins Coie’s International Transactions & Trade practice. “Her strong skill set on a wide range of employment-based immigration matters, coupled with her experience working with various government agencies, makes her an exceptional addition to our team.”

The firm said Huang has experience in discrimination matters; harassment; wrongful discharge; wage and hour issues; federal, state and local employment statutes; hiring, and EEOC charges. She regularly presents to employers and human resources executives on timely immigration and employment law issues.

She joins Perkins Coie from Jackson Lewis P.C., where she was a principal in the firm’s Seattle office.

“As a Seattle native involved in several community and professional organizations, KoKo will be a tremendous asset to our emerging companies and venture capital clients in the Pacific Northwest,” said James Williams, Managing Partner of Perkins Coie’s Seattle office. “We are seeing an increased focus from many clients on foreign nationals who require U.S. visas and credentials from employers as well as a growing immigration compliance focus for companies. KoKo’s unique blend of labor and employment and immigration experience complements the needs of our regional and national clients.”

Huang received her J.D., cum laude, from the Seattle University School of Law and her B.A. from Bowdoin College in Maine.

Samantha E. Caluori has rejoined Greensfelder, Hemker & Gale, P.C.’s St. Louis office as an associate in the Business Services practice group. She previously held the same position with the firm from late 2016 through 2017.

“We are very pleased to welcome Sam back to Greensfelder, and we are excited to reap the benefits of the valuable experience she gained while serving in an in-house corporate position while away from the firm,” said Greensfelder Chief Executive Officer Timothy R. Thornton.

In a release, the firm said Caluori assists businesses with a variety of transactions including mergers and acquisitions. Her corporate transactions work involves exempt securities offerings and other governance matters, as well as commercial contracts, and entity formation and dissolution.

Prior to rejoining Greensfelder, Caluori served as in-house associate counsel for Energizer Holdings, Inc., the St. Louis-based manufacturer of batteries, flashlights and lanterns. With that company, Caluori was involved with commercial transactions, international and domestic supply agreements, and international distributorship arrangements, among other matters. She also assisted with due diligence and integration related to multiple acquisitions of global consumer products companies.

During law school, Caluori worked for the Consumer Protection Division of the Missouri Attorney General’s Office.

Caluori received her J.D. (cum laude) from St. Louis University School of Law and her Bachelor of Science from Iowa State University.

Holland & Hart announced the addition of Steve Clayton to the firm’s Salt Lake City office in the Real Estate Development practice. He previously was an in-house counsel for 12 years, helping a nascent real estate company grow into a private REIT, the firm said in a release.

Clayton services real estate owners, developers, and managers with a variety of matters from offer through diligence and acquisition, from leasing to ongoing management support. His experience extends into general transactional fields assisting real estate companies with related organizational, contracting, risk management, and operational matters.

Clayton  is an adjunct associate professor at the S.J. Quinney College of Law teaching contract drafting and co-teaching an intellectual property and business law survey course.

Family law boutique Orsinger, Nelson, Downing & Anderson, LLP, announced the addition of associate Jessica Anderson, who previously worked as a paralegal in the firm’s Dallas and Frisco offices.

“We are honored that Jessica decided to rejoin our firm following law school,” said firm partner Keith Nelson. “She has a passion for helping others, and it shows through her work ethic. She’s a great new addition to our team.”

In a release, the firm said Anderson will guide clients in matters involving divorce, modification, enforcement and child custody, and help navigate the transitional phase of divorce.

“Working as a paralegal at ONDA helped me understand what families go through during and after a divorce,” said Anderson. “I’m glad to be back at the firm as a lawyer and am ready to help our clients during what can be a difficult time in their lives.”

Anderson earned her law degree from the Texas A&M University School of Law, where she served as vice president of the Family Law Student Association. She earned her undergraduate degree, magna cum laude, from Texas Woman’s University. She is a member of the Dallas Association of Young Lawyers.

BRG announced that Richard D. Gregorie has joined the firm as a managing director in its Global Investigations and Strategic Intelligence practice.

In a release, the firm said Gregorie’s career with the U.S. Department of Justice includes awards and high-profile prosecutions, including indictments of Panamanian General Manuel Noriega and the Medellin Drug Cartel.

“It’s not every day that you can add someone with Dick’s experience and pedigree—and he knows more about criminal law than anyone I’ve ever met,” said Frank Holder, leader of BRG’s Global Investigations and Strategic Intelligence practice. “Dick has worked on some of the biggest cases in recent memory, involving heads of foreign governments and international drug traffickers. He’s a well-known figure, having testified before Congressional committees and appeared on national television. His impressive experience in such areas as white collar crimes, sanctions and regulatory matters makes him a strong addition to our team at BRG.”

Gregorie began work in Miami in the early 1980s during the War on Drugs, joining the U.S. Attorney’s Office in the Southern District of Florida as chief of Narcotics. He also served that office as senior litigation counsel, chief Assistant US Attorney, and chief of the Criminal Division. As a result, he has extensive knowledge of money laundering, extraterritorial jurisdiction, the Racketeer Influenced and Corrupt Organizations Act and complex multi-object conspiracies. Before coming to Miami, Gregorie prosecuted organized crime across New England, and he has tried cases related to terrorism, public corruption and fraud over the course of his career.

Gregorie received an unprecedented three Attorney General’s Distinguished Service Awards as well as the National Association of Former US Attorneys award as the outstanding Assistant US Attorney in the country. As senior litigation counsel and a teacher at the DOJ’s National Advocacy Center, he trained and mentored young prosecutors, and he contributed chapters in the 2011 and 2016 editions of the DOJ’s Federal Narcotics Prosecution Manual.

“BRG is regularly involved in high-profile investigations and business intelligence engagements, generating praise as a forward-thinking firm that provides strong expertise and perspectives to clients,” Gregorie said. “My more than four decades at the Department of Justice will dovetail nicely with BRG’s existing work, particularly in matters related to money laundering and the False Claims Act, and I’m excited to provide strategic counsel and serve as a spokesman for BRG.”

Deans & Lyons partner Chris Simmons has earned selection to D Magazine’s 2019 list of Best Lawyers Under 40, an honor based on peer review by other Dallas-area attorneys.

One of just 75 lawyers recognized this year, Simmons is making the list for the second time.

“Chris is an exceptional attorney who excels in the courtroom,” said Deans & Lyons co-founder Michael Lyons. “This is a firm built on results, and clients know that they can depend on Chris for the best possible outcome.”

In a release, the firm said Simmons handles complex catastrophic personal injury and wrongful death cases involving products liability, premises liability, professional negligence, industrial and workplace accidents and motor vehicles before judges, juries, and arbitrators in Texas, New Mexico, Oklahoma, and throughout the country. He also devotes a significant part of his practice to handling business disputes and commercial litigation in a variety of complex civil litigation matters involving breach of contract, business torts, and other business-related controversies.

“Serving as a counselor to my clients is a responsibility I take very seriously,” says Mr. Simmons. “My primary commitment is to help them navigate their way through what is often their most trying time.”

D Magazine’s 2019 listing of the Best Lawyers Under 40 was determined through a peer‐review voting process, with ballots submitted by thousands of area lawyers. An independent panel of attorneys assisted the magazine’s editors in selecting the final list. The complete list is featured in the January edition of D Magazine and is available online at www.dmagazine.com.

In addition to the D Magazine honors, Simmons was recognized on Texas Lawyer’s “On the Rise” list of young lawyers, one of the publication’s 2018 Professional Excellence Awards. He also has been chosen multiple times for Super Lawyers magazine’s Rising Stars’ listing of the top young plaintiff litigators in Texas, as well as being named among the top 100 Up-and-Coming lawyers in the state regardless of practice focus.

Veteran immigration lawyer Michael E. Durham has joined Barnes & Thornburg’s South Bend office as a partner in the firm’s Labor & Employment Department.

Durham, who has practiced immigration law for 17 years, was previously with Bose McKinney & Evans LLP.

“Globalization has fundamentally changed the way businesses and organizations address challenges related to their human resources in today’s economy,” said Kenneth J. Yerkes, chair of the firm’s nationally acclaimed Labor and Employment Department. “Michael’s immigration experience gives us added depth and resources that many of our clients increasingly are seeking as they maneuver around the realities of operating in a global environment.”

In a release, the firm said Durham assists businesses and individuals in a variety of immigration services. He advises employers such as hospitals, colleges and universities, technology companies, religious organizations and small companies in obtaining nonimmigrant and immigrant status for their employees.

He has experience working with physicians, post-doctoral researchers, professors, engineers, scholars, scientists, international business executives and managers and investors. Durham also represents individuals on a variety of family-based immigration and naturalization matters.

“We’re excited to have Michael join our South Bend office,” said Philip J. Faccenda, Jr., managing partner of the firm’s South Bend office. “We have a wealth of businesses and institutions throughout the region who seek sophisticated counsel about the various employment issues affecting their operations. Immigration policy is a hot topic these days, and we are happy to have Michael here to support our clients and answer their questions.”

Durham also counsels employers concerning I-9 verification compliance, E-Verify and related immigration-employment enforcement issues. Additionally, he has represented professional race car drivers, including a recent winner of the Indianapolis 500.

He is a member of the American Immigration Lawyers Association. He is admitted to practice in Illinois and before the U.S. Court of Appeals for the Seventh District and the U.S. District Court for the Northern District of Indiana.

Durham earned his J.D. from Notre Dame Law School and his bachelor’s degree from the University of Colorado.

Homble Olsby, a boutique Norwegian labor and employment law firm comprised of 12 attorneys, is joining Littler‘s global platform. The expansion, Littler’s first into the Nordic region, brings the firm’s presence in Europe to seven countries, and follows recent openings in Belgium, the Netherlands and Italy.

Inn a release, the firm said Norway is widely viewed as a desirable place to do business and ranked seventh out of 190 countries in the World Bank’s 2019 “Doing Business” Report, and third out of 180 on Transparency International’s most recent Corruption Perceptions Index. Littler’s move into the country is part of a global expansion strategy that includes combining with the top firms focused on labor and employment law in significant international markets. The firm now has more than 1,500 attorneys across 85 offices and 20 countries.

“Norway has a strong, globally-focused economy and one of the highest per-capita GDPs in the world,” said Tom Bender and Jeremy Roth, co-managing directors of Littler, in a joint statement. “Homble Olsby, which is one of Norway’s largest employment practices with a strong reputation for client service, will be a great addition and will coordinate our work throughout the Nordic region, including Denmark, Finland, Iceland and Sweden.”

Ranked by both Legal 500 and Chamber & Partners, Homble Olsby has a broad labor and employment law offering, including employment and human resources law, pensions law, GDPR and related areas.

“Littler’s global platform is very impressive and we are excited to be joining forces with the world’s leading labor and employment powerhouse,” Ole Kristian Olsby said in a statement. “The firm’s innovative approach to delivering legal services will benefit Homble Olsby’s existing and future clients – and we’re excited to be part of Littler’s expanding footprint.”

Homble Olsby was founded in 2007 by partners Runar Homble and Ole Kristian Olsby, later joined by Trond Erik Solheim, Tore Lerheim, Anders Reiremo and Merete Furesund, all of whom have careers in labor and employment law negotiations and litigation. They also advise on commercial and contract law matters, both as legal and strategic advisors. The partners are individually recognized in national and international rankings, Littler said in a release.

“We are excited to add our first Nordic global practice,” said Stephan Swinkels, a Netherlands-based Littler shareholder who helps lead the development and integration of the firm’s global practice. “I have encountered Homble Olsby several times in recent years and have had a very positive experience with the work they do domestically and with clients around the world.”

“Norway has been on our radar for some time as a strategic market,” said Peter Susser, Littler’s Global Practice Leader and chair of Littler’s International Employment Law practice. “Having already made great connections with Runar and Ole Kristian and their colleagues, we know Homble Olsby will nicely complement our existing collection of European and global offices, as they are well-regarded for their impressive work and exceptional service throughout the Nordic region.”