Perkins Coie Adds Tech Partner John Delaney In New York

John Delaney has joined Perkins Coie’s Technology Transactions & Privacy (TTP) practice as a partner in the New York office.

“As our tech clients establish their respective East Coast headquarters in New York’s Silicon Alley, we too continue adding to the depth of tech advisory services for which Perkins Coie has long been known,” said Marcelo Halpern, Firmwide Co-Chair of Perkins Coie’s TTP practice. “John is a prominent authority in the areas of tech transactions, intellectual property, and social and digital media law, and he will further bolster our ability to provide seamless, high-level service to technology clients throughout their life cycle – from cradle through IPO and beyond. John will also add additional depth to our growing technology practice servicing industrial, financial services, media and product companies.”

Delaney served as the co-chair of the Media practice and former co-chair of the Technology Transaction practice at Morrison & Foerster. his client include emerging companies to household names, in the telecom, social media, music and financial industries, among others. He focuses on licensing, outsourcing, intellectual property, e-commerce, online liability, user-generated content and legal issues raised by emerging technologies. He also regularly assists clients with advertising, social media policies and online contracting matters. John is consistently ranked by Chambers and Partners and Legal 500 as one of America’s leading business lawyers and is a frequent speaker and lecturer.

“The technology sector is experiencing unprecedented growth in New York, and John’s addition unquestionably heightens our profile and capabilities locally,” said Keith Miller, Perkins Coie’s New York Office Managing Partner. “We are dedicated to growing our tech presence on the East Coast, especially in the transactions space, and John is extremely well-positioned to help us do that.”

In a release, the firm said Delaney is the fifth lateral to join the office in the past 12 months, and this spring the firm will move its New York office to a larger, more collaborative space at 1155 Avenue of the Americas to accommodate the continued growth.

“We are absolutely thrilled to add someone of John’s caliber and gravitas to our growing team,” said Charles Torres, lead partner of the firm’s New York Emerging Companies and Venture Capital (ECVC) practice. “I’ve known and respected John for years, and I’m excited to join forces. He is a perfect complement to our New York-based ECVC, M&A and Blockchain practices – together forming a prominent team focused on serving clients investing in the New York tech scene.”

On his decision to join Perkins Coie, Delaney said, “Perkins Coie’s reputation in the tech industry and its clear investments in the New York market made it an obvious choice of where to continue building my practice. I am excited to join such a well-regarded firm and a stellar team committed to serving this rapidly growing industry.”

Delaney earned his J.D. from Columbia Law School, where he served as an executive editor of the Journal of Law and the Arts, and his B.A., with honors, from the University of Notre Dame.

 

 




Judge Rebukes DOJ, Says U.S. ‘Laughable’ for Using Shutdown to Delay Suit

A U.S. judge overseeing a veteran’s multimillion-dollar negligence lawsuit in Puerto Rico rebuked the Justice Department for attempting to use the partial government shutdown to put the case on hold, calling the request “laughable,” according to a Bloomberg Law report.

Bloomberg’s Erik Larson writes: “In a ruling denying the government’s bid for more time, U.S. District Judge William G. Young said lapses in federal appropriations, like the current one triggered by President Donald Trump’s demand for funding for a border wall with Mexico, aren’t a government ‘policy’ that could theoretically justify staying such a lawsuit.”

The judge decried “an abdication by the president and the Congress” of the duty to govern responsibly.

Read the Bloomberg Law report.

 

 

 




General Counsel Named in Corruption Probe Subpoenas Resigns

Cleveland.com reports that Emily McNeeley, general counsel for Cuyahoga County’s troubled IT Department and one of several people named in subpoenas related to an ongoing corruption investigation, has resigned from her $95,000-a-year job,

The county reported the resignation Tuesday, according to Cleveland.com’s Courtney Astolfi.

McNeeley was placed on unpaid leave in April after corruption investigators repeatedly named her, and her boss, IT Director Scot Rourke, in subpoenas served on the county. The cases refer to potential conflicts of interest, the report says.

Read the Cleveland.com article.

 

 




Why Johnson & Johnson May Not Have to Pay Its $4.7 Billion Court Verdict

While a $4.7 billion jury verdict in a talc case against Johnson & Johnson in July was eye-popping — the sixth-largest ever in a product-defect case — J&J may pay far less, or nothing, reports Bloomberg. No verdict of that size has survived appeal.

“Indeed, of the 25 largest U.S. jury awards, 23 were reversed, drastically cut or against defendants with few or no assets who couldn’t pay, according to data compiled by Bloomberg. The remaining two, including the one against J&J, are being appealed. Most such revisions are by judges overruling angry jurors or enforcing court-imposed limits on punitive damages,” writes Bloomberg’s Margaret Cronin Fisk.

But even if the award is cut or reversed, a large verdict can draw other cases.

Read the Bloomberg article.

 

 




Download: Expert Analysis on Emerging Board Issues for 2019

National Association of Corporate DirectorsThe National Association of Corporate Directors has published an article discussing current perspectives on what boards can expect in the new year.

The article can be downloaded from the NACD site at no charge.

“The business landscape is in constant flux, multifaceted, and difficult to track,” the NACD says on its website. “That’s why we’ve partnered with a brain trust of governance experts to produce the 2019 Governance Outlook: Projections on Emerging Board Matters.”

The report offers comprehensive guidance that will inform governance decisions and strategic planning in 2019. NACD governance partners provide an overview of key governance trends, accompanying outlook, implications of the shifting landscape, and questions for boards to consider, as well as in-depth coverage of the following topics:

  • NACD discusses how directors can understand, anticipate, and overcome detrimental disruptive risk and keep pace with opportunities that create long-term value.
  • Baker Tilly provides a regulatory update on international trade and tariffs, tax reform, cybersecurity, and other key risks boards need to be prepared for.
  • Ceres emphasizes the importance of recognizing climate change as a critical risk for companies.
  • Deloitte provides recommendations on how directors can leverage insights when establishing practices for M&A proposal review, and stresses the importance of keeping directors up-to-date on regulatory changes.
  • Spencer Stuart identifies trends in board composition and how retirement, diversity, and age are driving factors in the space.

Download the article.

 

 

 




Working Smarter with Patent Counsel: Tips for Inventors and In-House Lawyers

WebinarFitch, Even, Tabin & Flannery LLP will present a free webinar, “Working Smarter with Patent Counsel: Tips for Inventors and In-House Lawyers, ” featuring Fitch Even attorney Jennifer V. Suarez.

The event will be Wednesday, January 23, 2019, at 9 am PST / 10 am MST / 11 am CST / 12 noon EST.

An efficient, productive first meeting with patent counsel can go a long way toward ensuring the patent application process goes smoothly and successfully. Inventors and corporate counsel alike can benefit from learning key considerations to discuss with their patent attorney initially and at each stage of the process.

This webinar will offer guidance on what crucial information should be provided at the onset and what further developments should be shared down the line:

• Pre-Drafting Stage
o Inventorship
o Information needed for written description
o Public disclosure (IDS; bar dates)
• Drafting Stage
o Legal requirements of a patent application
o Sections 112, 101, 102, and 103
o Specifications, claims, drawings
• Post-Filing Stage
o Post-filing improvements or prototypes
o Commercialization plans and efforts
• Business Drivers
o Target market analysis
o Marketing advantages of invention features
o Critical timeline markers

Register for the webinar.




Bradley Elevates 16 Attorneys to Partner or Counsel

Bradley Arant Boult Cummings LLP announced that 16 of the firm’s attorneys have been elevated to partner or counsel, effective Jan. 1. The new partners are Kristi Wilcox Arth, Marc Bussone, R. Aaron Chastain, Alexandra Dugan, Lee Gilley, Rudy Hill, Lauren B. Jacques, Amandeep S. Kahlon, Stephanie L. Kane, Zachary A. Madonia, Anna Manasco, Ellen Presley Proctor, Justin T. Scott, and Fritz Spainhour. The new counsel are Ryan P. Robichaux and Lauren P. Schick.

“We are extremely proud of our talented attorneys who have earned promotions as we begin the new year,” said Bradley Chairman of the Board and Managing Partner Jonathan M. Skeeters. “Bradley’s new partners and counsel have demonstrated a high level of legal skill and acumen along with exceptional service to our clients in a broad range of practice areas.”

Details about each attorney newly elevated to partner, grouped by office, are as follows.

Birmingham

Chastain is a member of the Banking and Financial Services Practice Group. He represents financial services institutions, healthcare companies, and other businesses in a broad range of litigation and compliance-related matters. He received his J.D. from Vanderbilt University Law School and his Bachelor of Arts (summa cum laude) from Auburn University.

Gilley is a member of the Litigation Practice Group. He represents financial institutions, including banks, mortgage companies, and debt collectors, in litigation and regulatory matters related to compliance with ECOA, EFTA, FCRA, FDCPA, GLBA, HPA, RESPA, TILA, CFPB regulations, and numerous other state laws and regulations. He received his J.D. from the University of Virginia School of Law and his Bachelor of Arts (magna cum laude) from Vanderbilt University.

Hill is a member of the Litigation and Intellectual Property practice groups and also works from Bradley’s Montgomery, Ala., office. He handles matters at trial and appellate levels. He has first-chaired jury trials in federal and state courts and has briefed and presented oral arguments in state and federal appellate courts. He received his J.D. (summa cum laude) from the University of Alabama School of Law and his Bachelor of Science (summa cum laude) from Auburn University.

Kahlon is a member of the Construction Practice Group. He represents owners, general contractors, and subcontractors in construction and government contracts matters. His litigation experience covers a wide variety of disputes, including substantial experience in power and energy matters. He received his J.D. from Cornell Law School and his Bachelor of Arts from Washington University.

Madonia is a member of the Litigation Practice Group. His practice focuses on the representation of public and private companies, as well as their officers and directors, in all stages of complex litigation, including high-stakes class and mass actions. He received his J.D. from the University of Chicago Law School and his Bachelor of Arts (cum laude) from the University of Notre Dame.

Manasco is a member of the Appellate Practice Group. She has represented clients in the Alabama Supreme Court, the U.S. Supreme Court, various federal courts of appeal across the country, and arbitration. She received her J.D. from Yale Law School. She also holds a Ph.D. from Oxford University and a Bachelor of Arts (summa cum laude) from Emory University.

Proctor is a member of the Life Sciences Litigation Team. She focuses on representing healthcare industry clients in medical malpractice, pharmaceutical and medical device litigation in state and federal courts and in national MDLs. A significant portion of her practice is also dedicated to the representation of manufacturers in a variety of products liability litigation. She received her J.D. from Columbia University Law School and her Bachelor of Arts (summa cum laude) from Vanderbilt University.

Houston

Scott is a member of the Litigation Practice Group. He focuses on commercial litigation, specifically in the energy, construction and real estate fields. He also has represented clients in the energy and heavy equipment manufacturing sectors in personal injury matters. He received his J.D. from Baylor University Law School and his Bachelor of Arts (summa cum laude) from Abilene Christian University.

Nashville, Tenn.

Arth is a member of the Litigation and Intellectual Property practice groups. She handles a wide variety of litigation and intellectual property matters for individuals, small and large companies, tax-exempt organizations, and governmental entities. She received her J.D. (magna cum laude) from Moritz College of Law at The Ohio State University. She also holds a Master of Arts from The Ohio State University and a Bachelor of Arts (summa cum laude) from the University of Alabama.

Bussone is a member of the Employee Benefits and Executive Compensation Practice Group. He advises clients on a broad range of employee benefit and executive compensation matters. He received his J.D. (cum laude) from Georgia State University College of Law and his Bachelor of Arts from Emory University.

Dugan is a member of the Bankruptcy, Restructuring and Distressed Investing Practice Group. She represents financial services and mortgage company clients with compliance matters, including risk management and remediation, state investigations, regulations, and operational implementation of legal guidelines. She received her J.D. (with honors) from Emory University School of Law and her Bachelor of Arts (cum laude) from Vanderbilt University.

Jacques is a member of the Healthcare Practice Group and focuses her practice on assisting clients in the healthcare industry in a wide range of regulatory, operational and transactional matters. She received her J.D. from Vanderbilt University Law School and her Bachelor of Arts (cum laude) from Vanderbilt University.

Spainhour is a member of the Litigation Practice Group. He represents clients in a variety of industries, including many national and global life sciences and healthcare companies. He has extensive experience defending product liability cases. Government investigations and litigation also make up a substantial portion of his practice. He received his J.D. from the University of Virginia School of Law and his Bachelor of Arts (cum laude) from Wake Forest University.

Tampa, Fla.

Kane is a member of the Banking and Financial Services and Real Estate practice groups. She focuses her practice on real estate acquisitions, dispositions, financing and leasing. She represents financial institutions, including banks and insurance companies, and corporate clients in a broad range of commercial real estate and commercial lending transactions. She received her J.D. (cum laude) from Stetson University College of Law and her Bachelor of Science from Indiana University.

Details about the attorneys newly elevated to counsel, grouped by office, are as follows.

Birmingham

Robichaux is a member of the Government Affairs Practice Group. He focuses in political advocacy and compliance, representing clients before the executive and legislative branches of government in Washington, D.C., Alabama, and other states. He represents businesses, trade associations, political action committees, nonprofits, government contractors, and other individuals and entities that are involved in the political process. He received his J.D. from the University of Alabama School of Law and his Bachelor of Arts from Catholic University of America.

Nashville

Schick is a member of the Real Estate Practice Group. She represents developers, landlords and tenants in a variety of commercial real estate and leasing-related matters. She also practices in the areas of estate planning and estate administration. She received her J.D. from the University of Denver Strum College of Law and her Bachelor of Arts from the University of Colorado Boulder.

 

 




Morrison & Foerster Elects 12 Partners

Morrison & Foerster announced the election of 12 lawyers to the firm’s partnership, effective January 1, 2019. The class of 2019 includes an equal number of women and men from multiple practice groups across seven offices in the U.S., Europe, and Asia.

“I am delighted to welcome this highly talented and diverse group of lawyers to our partnership,” said Morrison & Foerster chair Larren Nashelsky. “They are gifted lawyers in their respective areas of practice, and each has demonstrated an extraordinary commitment to clients, colleagues, and community.”

A release from the firm described the following lawyers who have been elected partners:

• Amanda Aikman, a member of the Litigation Department, and part of the firm’s Securities Litigation, Enforcement, + White Collar Defense, FCPA + Anti-Corruption, and Investigations + White Collar Defense Groups, is based in the New York office. She represents companies and individuals in criminal and civil enforcement matters, conducts internal investigations, and advises companies on global compliance issues. Before joining the firm, Aikman was a prosecutor with the U.S. Department of Justice (DOJ) in the Fraud Section of the Criminal Division. As a member of the Foreign Corrupt Practices Act (FCPA) unit, Aikman investigated and prosecuted violations of the FCPA as well as other white collar crimes and was involved in a number of significant cases. She was also responsible for researching and preparing the first comprehensive draft of the landmark joint DOJ and U.S. Securities and Exchange Commission (SEC) publication, A Resource Guide to the U.S. Foreign Corrupt Practices Act. Aikman received her J.D. from Yale Law School and her B.A. from Stanford University.

• Caitlin Sinclaire Blythe, a member of the Litigation Department, and part of the firm’s Securities Litigation, Enforcement, + White Collar Defense, and Investigations + White Collar Defense Groups, is based in the San Francisco office. Her practice focuses on investigations, white collar defense and commercial litigation. She represents companies, audit committees, and individuals in SEC and DOJ enforcement matters, as well as internal corporate investigations involving accounting and disclosure issues. Blythe also represents corporations and individuals in class actions and other complex commercial litigation matters. Before joining Morrison & Foerster, she served as a law clerk to the Honorable Richard Seeborg of the United States District Court for the Northern District of California. Blythe received her J.D. from Harvard Law School and her B.A. from the University of California, Los Angeles.

• Andy Campbell, a member of the Corporate Department, is based in the Washington, D.C. office. His practice focuses on representing issuers and underwriters in capital markets transactions and advising public and private companies on a variety of other corporate and securities matters, including strategic transactions, corporate governance matters, and compliance with the U.S. federal securities laws and the listing standards of securities exchanges. With a particular focus on and experience in the REIT industry, Campbell regularly advises both issuers and underwriters in initial public offerings and other registered and unregistered offerings of common and preferred equity, debt, and convertible debt. He received his J.D. from the University of Alabama and his B.A. from Williams College.

• Dario de Martino, a member of the Corporate Department and co-chair of the Blockchain + Smart Contracts Group, is based in the New York office. His practice focuses on domestic and cross-border corporate transactions, principally in connection with public and private mergers and acquisitions, joint ventures, private equity transactions, and corporate governance matters. de Martino represents a broad array of U.S.-based and international clients, ranging from global corporations to closely held companies, most of which are active in the following industries: technology, including blockchain and cryptocurrencies, financial services, and healthcare. He regularly counsels clients in the blockchain and cryptocurrency space, including with respect to private equity investments in companies developing blockchain-enabled technologies and token offerings (also known as ICOs). de Martino received his J.D. from Federico II University School of Law and his LL.M. from Columbia Law School.

• Marc-Alain Galeazzi, a member of the Financial Services Group, is based in the New York office. His practice focuses on advising and counseling foreign and domestic banks, financial holding companies, bank holding companies, and other financial institutions on a variety of bank regulatory, Bank Secrecy Act/anti-money laundering (BSA/AML), and transactional matters. Galeazzi also has significant experience advising financial institutions on complex regulatory matters, including matters relating to the Bank Holding Company Act, the Bank Merger Act, the Dodd-Frank Act (with regard to the Volcker Rule, living wills, and enhanced prudential standards, among others), applications to federal and state banking regulators for expansion of activities, internal restructuring, and new products, sales, and acquisitions. Galeazzi received his LIC JUR from the University of Fribourg and his LL.M. from Boston University School of Law.

• Annabel Gillham, a member of the Litigation Department, is based in the London office. She manages the London employment department and is part of the firm’s Employment + Labor and Global Privacy + Data Security Groups. Her employment practice covers cross-border employment counseling, executive hiring and firing, strategic employment advice on transactional matters and investigations and employment litigation. Gillham also regularly designs and presents training and legal updates to senior managers and HR executives and has participated in working party UK government consultations (including on the UK gender pay reporting regulations). On the data protection side, Gillham advises multinational organizations on individual rights requests, regulatory investigations and all aspects of GDPR compliance. She has particularly strong experience guiding clients through the new regime governing access to data relating to criminal allegations. Gillham received her G.D.L. and L.P.C. from the University of Law of England & Wales and her B.A. from the University of Bristol.

• Akira Irie, a member of the Intellectual Property Group, is based in the Tokyo office. He has represented clients before U.S. district courts, the U.S. International Trade Commission (ITC), and the USPTO. He also assists clients in patent litigation before Japanese courts. His litigation experience includes pre-suit analysis, managing discovery and trial strategy, taking and defending depositions, arguing discovery and pre-trial motions, and arguing at Markman hearings. Additionally, he also has experience drafting pre-trial and post-trial briefs, preparing and presenting witnesses for trial testimony, and participating at patent trials before the ITC and U.S. district courts. He is also registered to practice before the USPTO as a patent attorney and has argued in Inter Partes Review proceedings before the USPTO. Irie received his J.D. from Washington University School of Law and his B.A. from Swarthmore College.

• Nicole Johnson, a member of the State + Local Tax Group, is based in the New York office. Her practice focuses on state and local tax controversies at the audit, administrative, and judicial levels, and encompasses tax matters regarding all tax types. Prior to joining the firm, Johnson was a state and local tax manager with one of the big four accounting firms, where she focused on complex state and local tax controversies and planning opportunities. She is a frequent lecturer concerning state and local taxes and has spoken before such organizations as the Council On State Taxation, the Energy Tax Association, the Ohio Tax Conference and the California Tax Policy Conference. In 2018, Johnson was appointed to the New York State Tax Appeals Tribunal Advisory Panel. She received her J.D. from William Mitchell College of Law and her BSB from the University of Minnesota, Minneapolis.

• Jim Krenn, a member of the Corporate Department, is based in the San Diego office. He counsels private and public companies on a broad range of significant business transactions, from formation through liquidity. His practice focuses on mergers and acquisitions, venture capital financings, and emerging company counseling. Krenn advises clients on private and public acquisitions on both the buy-side and sell-side across numerous transaction structures, including equity purchases, asset purchases, mergers, acquisitions, and divestitures of divisions and subsidiaries, cross-border transactions and auctions. He counsels emerging life science and technology companies in equity financings and general corporate matters and angel, corporate, and venture capital investors in investments in such companies. In addition, Krenn represents public companies on capital markets transactions and reporting matters, and advises boards of directors on corporate governance issues. Krenn represents clients in multiple industries, including biopharmaceutical, artificial intelligence, medical device, e commerce, cybersecurity, software, Internet, social media, semiconductor, unmanned aerial vehicles, agtech, consumer products, finance, cleantech, energy, and action sports. He received his J.D. from Harvard Law School and his B.B.A. in Finance from the University of Notre Dame.

• Joyce Liou, a member of the Intellectual Property Group, is based in the San Francisco office. Her practice focuses on intellectual property litigation, domestic and international trademark prosecution, copyright and trademark enforcement, and domain name arbitration. She has litigated trademark, copyright, and design patent infringement cases, as well as proceedings before the Trademark Trial and Appeal Board. In addition to litigation, Liou advises clients on complex intellectual property issues such as counterfeit and gray market goods. Her clients come from a wide range of industries and fields, including wireless networking, consumer electronics, computer software, medical devices, pharmaceuticals, plants, and food products. Liou received her J.D. from the University of Michigan Law School and her B.A. from the University of California, Berkeley.

• David Newman, a member of the National Security and Global Risk + Crisis Management Groups, is based in the Washington, D.C. office. Drawing on his experience as a senior White House and U.S. Department of Justice (DOJ) attorney and his background in government regulation and national security, his practice involves guiding clients through sensitive matters pertaining to national security and global risk and crisis management. He has significant experience advising clients on crisis management, counseling clients on Committee on Foreign Investments in the United States (CFIUS) reviews, and conducting internal and government-facing cross-border investigations. Recently named as one of the top “40 under 40” figures in the data law bar around the world by Global Data Review, Newman has been called upon over the past year by CNBC, The Wall Street Journal, and Wired Magazine, among others, to provide thought leadership and insights on trending cybersecurity and data privacy issues. Prior to joining Morrison & Foerster, Newman held several key posts at the White House, serving as Special Assistant and Associate Counsel to President Barack Obama and on the staff of the National Security Council. Throughout his tenure at the White House, he regularly advised the President and other senior administration officials on a range of complex matters affecting the federal government, overseeing a broad portfolio that spanned national security priorities, crisis response and preparedness planning, new data and technology initiatives, criminal justice reform, and civil rights litigation. Previously, Newman was counsel to the Assistant Attorney General for National Security at DOJ, where he helped manage the DOJ National Security Division and counseled senior officials at the DOJ and across the government on a wide array of matters. A former law clerk to Justice Ruth Bader Ginsburg of the U.S. Supreme Court, Newman received his J.D. from Yale University and his B.A. from Columbia University.

• Dr. Julia Schwalm, a member of the Commercial Litigation practice, is based in the Berlin office. Schwalm represents national and international clients in the resolution of large-scale commercial, often cross-border disputes, with a focus on technology-based disputes. She has represented clients in all aspects of litigation, from pre-litigation strategy through trial to the enforcement of judgments, and settlement negotiations. She has handled cases in a variety of industries, including automotive, aviation, consumer goods, telecommunications, heavy machinery, and banking. She also advises clients on product liability issues, assists them with the risk assessment, and has conducted numerous EU-wide voluntary recalls for her clients. Schwalm received her Dr. iur. from the University of Regensburg.

 

 




Rick Sevcik Named Managing Partner of Perkins Coie’s Chicago Office

Rick Sevcik has been named managing partner of Perkins Coie’s Chicago office, effective January 1. He succeeds Christopher Wilson, who has served as office managing partner in Chicago since 2002 when the firm entered the market with just three lawyers. The regional office now has more than 110 lawyers practicing today.

“Rick is a terrific choice to continue the extraordinary growth that Chris helped the firm achieve in Chicago over the past 16 years,” said John Devaney, Perkins Coie’s Firmwide Managing Partner. “Rick is a well-respected tax attorney who has built a strong reputation in his field and the Chicago legal market. He embodies the firm’s core values through his long-time work on behalf of numerous nonprofit institutions and his commitment to Chicago’s civic and charitable communities. He has the aptitude, commitment and demeanor to effectively lead the office and continue to strengthen our ties in the Chicago community.”

In a release, the firm said Sevcik has nearly 30 years of practice experience and serves as the co-chair of the firm’s Tax-Exempt Organizations practice. He counsels nonprofits, public charities, private foundations, healthcare systems, and colleges and universities on their ongoing operations, management, governance and reporting obligations.

Sevcik serves on the Board of Trustees of the Ravinia Festival Association and was a founding member of the Ravinia Associates. He serves as the Secretary of National Merit Scholarship Corporation. Sevcik also serves on the planned giving advisory councils of Ravinia, Northwestern Memorial Foundation, and the Lincoln Park Zoological Society and is active with the Catholic Charities of the Archdiocese of Chicago. He previously served on the Board of the Lincoln Park Zoological Society and as President of its Auxiliary Board.

 

 




Syngenta MDL Judge Tears Up Lawyers’ Contingency Contracts in $500 Million Fee Ruling

Reuters reports that U.S. District Judge John Lungstrum of Kansas City has set aside individual contingency fee contracts that some plaintiffs’ lawyers had in place for clients in a multidistrict litigation.

The ruling rejected the claims of Watts Guerra, a Texas firm that had signed up tens of thousands of farmers to bring individual cases in state court, accusing the agricultural giant Syngenta of peddling genetically modified seeds that produced corn China refused to import. The case led to a $1.5 billion global settlement for the U.S. farmers, according to Reuters’ Alison Frankel.

“This court has the authority and duty to determine the amount of reasonable fees paid to attorneys from the settlement fund, and because any further contingent fee payments would necessarily come from proceeds from the settlement fund, the court can and does prohibit any such additional payments,” Lungstrum wrote in the opinion.

Read the Reuters article.

 

 




Lawyer Who ‘Won’t Take No for an Answer’ is Suspended for Two Years

Former Pennsylvania state Rep. Tom Gannon has been suspended from practicing law in the state for two years due to multiple rules violations incurred while representing a client in a condominium association action, reports the Delaware County Daily Times.

Friday’s state Supreme Court order indicates Gannon persisted in filing a total 46 appeals in the state court system in a small civil dispute for a client, despite multiple denials, admonitions from the court, and even disqualification orders that should have removed him from the case entirely.

“Nevertheless, (Gannon) continued his pattern and practice of frivolous filings and appeals on behalf of Mr. King, despite the fact that doing so was in contravention of court orders,” according to the order.

Read the Daily Times article.

 

 




‘The Dark Overlord’ Didn’t Hack Systems, Husch Blackwell Says

Cybersecurity - hacking - hackerA hacker group calling itself “The Dark Overlord” threatened to release documents relating to insurance litigation over the Sept. 11 attacks on the World Trade Center that it stole from Husch Blackwell, but now the firm says its systems weren’t hacked.

The group says it has 18,000 documents that include emails and nondisclosure documents sent and received by two insurers and a Husch Blackwell predecessor firm, according to a report in the ABA Journal. The group is seeking a ransom paid in bitcoin.

In a statement, Husch Blackwell said: “After a thorough review, Husch Blackwell can confirm that no documents were obtained from Husch Blackwell, and that there was no unauthorized access to Husch Blackwell systems, client files, documents or data.”

Read the ABA Journal article.

 

 

 

 




Webinar: Enterprise Slack – Stay Sane and Secure While Managing EDiscovery

Hanzo will present a webinar on Enterprise Slack on Jan. 10, 2019, at 1:30 p.m. Eastern time.

Slack is a widely adopted collaboration tool for enterprises around the globe that is taking over a fair share of email communications. Many corporations have their playbook all set for standard communications platforms like email. Many platforms even have robust built-in features to preserve data subject to compliance or litigation holds. Slack, however, presents new challenges, with fragmented communications and only limited compliance features. This leaves organizations in a difficult spot as they try to balance workplace collaboration with compliance and ediscovery requirements.

Speakers:
– Matt McCartney, Senior Manager of Forensic and Integrity Services at Ernst & Young LLP
– Jim Murphy, VP of Product at Hanzo

In this webinar, industry experts will discuss the challenges Slack presents corporations as they navigate the delicate balance between collaboration and data risk. They will go over best practices to incorporate in every Slack risk management playbook for compliance and ediscovery and discuss solutions for locating, narrowing the scope and capturing dynamic, complex, unstructured data from apps like Slack.

Register for the webinar.

 

 




To Be a Good In-House Counsel, Be Prepared to Break The Law, Maybe

As an in-house counsel — the individual tasked with mitigating risk for your employer — sometimes you have to make a decision much hastier than you might normally be comfortable with doing so, writes Stephen R. Williams in a column for Above the Law.

Williams, who works in-house with a multi-facility hospital network, tells about a crisis that dropped into his lap late on the Friday before the week of Christmas. It involved a report from an employee who said one of their coworkers made what was perceived to be a comment reflecting a suicidal thought.

His column tells how he dealt with the situation, even though the colleagues who usually handle such cases were unavailable because of the holiday season.

Read the article.

 

 




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.