Bloomberg Law reports that class counsel will take home $300 million from settlements over an alleged conspiracy among banks to fix prices in the foreign exchange market.

The court issued the order on Thursday, Nov. 8.

The settlement, approved in August with banks that include Bank of America, JP Morgan and Citibank, is the third largest antitrust class action settlement in history, according to plaintiffs, writes Bloomberg reporter Perry Cooper.

Read the Bloomberg article.

The Eastern District of Texas Bench Bar Conference set a new attendance record this year with more than 450 attendees gathering in Plano, Texas, for three days of programming and panel discussions focused on the diverse legal cases handled by the U.S. District Court for the Eastern District of Texas.

Andrei Iancu, U.S. Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office, delivered a major policy address during the event.

Iancu’s speech at the Inaugural Texas Dinner in Honor of the Judiciary and 7th Amendment was reported by many media outlets as a push back against the “patent troll” narrative that has encircled America’s intellectual property system for more than a decade.

Read details about the conference.

Houston-based construction and business litigation firm West Mermis, PLLC, has earned national recognition among the Best Law Firms in the country by U.S. News & World Report and The Best Lawyers in America.

The firm was selected to the 2019 list of construction litigation firms recognized nationally, and in the Houston metro area, West Mermis is ranked in the top tier of such law firms.

The U.S. News – Best Lawyers selection process involves a lawyer survey and feedback from clients on a firm’s expertise, responsiveness and cost-effectiveness along with other questions.

Read details about the award.

The  National Association of Corporate Directors has published its 2018 Report of the NACD Blue Ribbon Commission on Adaptive Governance: Board Oversight of Disruptive Risks to provide directors with valuable insights and tools.

How can directors do a thorough job of assessing disruptive risks and then of guiding their companies toward effective responses? More broadly, how can directors fulfill their core responsibilities for overseeing performance, strategy, risk management, and enterprise content management when volatility, uncertainty, complexity, and ambiguity (VUCA) are the only constants?

The report provides:

• a functional definition of disruptive risk
• characteristics of the current environment—and their implications
• a definition of adaptive governance as a framework for overseeing disruptive risks
• the essential components of adaptive governance
• recommendations for putting adaptive governance into practice

Download the complimentary report.

Bloomberg Law reports that average signing bonuses for law firm associates have dropped by $10,000 since 2017 partly because salaries have gone up and women are getting less, according to client data compiled by a legal staffing and recruiting company.

The company, Special Counsel, found that the average signing bonus this year so far is about $17,000. One Special Counsel client topped the list with $60,000, compared to a record $90,000 last year, report Bloomberg reporters Sam Skolnik and Madi Alexander.

The vast majority of those receiving signing bonuses were law firm associates. The others were in-house attorneys or law firm counsel or partners, the report adds.

Read the Bloomberg Law article.

The ABA Journal reports that a $30 million lawsuit alleges a personal injury firm had its clients stolen by two competitors who sent case runners to a pain clinic where they enticed the patients to switch firms.

Reporter Debra Cassens Weiss writes: “The law firm Ginarte Gallardo Gonzalez & Winograd, with offices in New York and New Jersey, alleges its clients were lured away with promises of payments of about $2,000 or $3,000, which were paid from a ‘briefcase full of cash’ by lawyer William Schwitzer.

The suit names Schwitzer and his firm, William Schwitzer & Associates in New York City, as defendants, along with some other lawyers associated with the firm.

Read the ABA Journal article.

An Iowa criminal defense lawyer has removed a Facebook post in which he called a client an “idiot” and “terrible criminal” who deserved to be jailed, reports the Associated Press.

Chad Frese said his post was being misinterpreted by other lawyers, who said the rant was highly inappropriate and likely violated ethics rules governing the profession. He said that he shared the post only with his Facebook friends and that he didn’t think it crossed any lines, according to AP reporter Ryan J. Foley.

The post also included: “He needed to shut his mouth because he was the dumbest person in the conversation by 100 times.” And he added, “You wonder why we need jails huh?”

Read  the AP article.

Partner Andrea Tsoukalas Curto of Forchelli Deegan Terrana LLP has been selected by the Long Island Business News for the Long Island’s Top 50 Women Class of 2018.

The award recognizes women professionals for their business acumen, mentoring, and community involvement. Winners are selected by a judging committee that represents the most influential women in business, government, and the not-for-profit fields.

Andrea Tsoukalas Curto is a land use and zoning attorney and co-chair of the Renewable Energy practice group. Tsoukalas Curto concentrates her practice in zoning, land use, environmental, and municipal law matters. She represents clients in the development of commercial and residential properties.

Sidley Austin LLP announced that Kenneth J. Baronsky has joined the firm in Century City as a partner in its Corporate group.

In a release, the firm said Baronsky has experience advising companies, private equity sponsors, executives, owners and board members.

He joins from Milbank, Tweed, Hadley & McCloy LLP, where he served as managing partner of its Los Angeles office and as its corporate practice group leader for more than a decade.

In a release, the firm said Baronsky advises on mergers, acquisitions and dispositions, equity and debt investments, restructurings and other corporate transactions.

“Ken’s arrival reaffirms Sidley’s position in Los Angeles as the destination corporate practice for Wall Street lawyers,” said Dan Clivner, co-leader of the firm’s Private Equity practice and managing partner of the Los Angeles and Century City offices. “Ken is a class act and he brings a breadth of experience that is second-to-none. I’m thrilled he’s joined our growing team here in Greater Los Angeles and around the world, and am eager for our clients to experience the benefits of Ken’s knowledge and experience.”

In addition to Baronsky, Sidley’s Private Equity practice has recently added laterals including Adam Weinstein and Tony Feuerstein, who joined the global Private Equity and M&A practices as partners in New York in October.

Vangard, a part of Littler’s global platform, has opened a new office in Frankfurt, its fifth location in Germany. The new office will be headed by partners Christoph Crisolli and Peter Hoppenstaedt, who will be joined by partner Dr. Frank Zaumseil and associates Dr. Antje Peterhänsel, Dr. Stefanie Reiche, Ulrike Schulke, and Stephanie Koch.

“We’re continuing to expand globally to address the evolving business and legal needs of our clients,” Tom Bender and Jeremy Roth, co-managing directors of Littler, said in a joint statement. “Frankfurt is one of the key economic centers in Europe and having an office in this city further strengthens our presence throughout Germany. Led by Christoph and Peter, this outstanding group broadens our ability to provide local companies with comprehensive services covering the full range of workplace issues.”

Christoph Crisolli, who has led the Frankfurt office of Kliemt.Arbeitsrecht since 2005, specializes in restructuring, with an additional focus on international employment law. His recent work includes the merger of Dell and EMC, the relocation of the European supply chain of Olympus to Poland, and the reorganization of the works council structure at Western Union.

Peter Hoppenstaedt serves domestic and international clients with an emphasis on industrial codetermination matters. He also has extensive experience in the hotel industry and most recently guided the integration of Starwood in the Marriott Group.

“We are thrilled to be establishing vangard’s fifth office. It is an exciting opportunity that will offer tremendous perspectives for our younger colleagues, too,” said Crisolli. “Our long-time clients place great value on close, personal service and comprehensive advice in employment matters, and with vangard they find continuity at the highest level at home and around the world through Littler an international legal practice comprised of reputable firms spanning three continents to create a single source solution provider.”

“This top-notch addition complements vangard tremendously. We are very much looking forward to collaborating with our new colleagues, whose experience in the Frankfurt market represents a significant value-add for us and our clients,” said vangard founding partner Dr. Frauke Biester-Junker.

Thomas Griebe, a founding partner with vangard added, “The addition of the Frankfurt office strongly positions us in Gemany’s major economic centers and we are excited to have these seven attorneys part of our team as we continue to grow our presence and respond to the needs of our national and multinational clients.”

With the opening of the new office in Frankfurt, which is considered one of Europe’s most important and vibrant financial hubs, vangard and Littler continue to rigorously pursue their strategy, and the practice is strengthening both its national and international client service capabilities through this latest addition. vangard also serves clients through its offices in Hamburg, Berlin, Düsseldorf and Munich, and with this latest expansion will grow to 50 employment law experts across Germany.

Nathan Kelley has joined Perkins Coie’s Intellectual Property practice as a partner in the Washington, D.C., office. Kelley recently stepped down as the Solicitor and Deputy General Counsel for Intellectual Property Law at the U.S. Patent and Trademark Office (USPTO). Kelley earlier acted as the USPTO’s Chief Administrative Patent Judge in charge of the Patent Trial and Appeal Board (PTAB).

“Nate is one of the foremost intellectual property lawyers in the country, and he is widely respected for his litigation experience and ability,” said Shannon Bloodworth, Co-Chair of Perkins Coie’s IP practice. “His deep knowledge of the USPTO and Federal Circuit will broaden and strengthen our nationally ranked team of IP litigators. He is a significant addition to our team, and we’re thrilled that he has chosen to join us.”

In a release, the firm said that, as Solicitor, Kelley defended the Director of the USPTO in court, managing all IP litigation. He participated in patent and trademark cases in recent years, including Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, Aqua Products, Inc. v. Matal, In re Cuozzo Speed Technologies, LLC, and Novartis AG v. Noven Pharmaceuticals Inc.

During his term as Solicitor, Kelley defended hundreds of decisions of the PTAB and the Trademark Trial and Appeal Board (TTAB) before the Federal Circuit. Kelley also advocated the USPTO’s position during interagency deliberations on IP cases before the U.S. Supreme Court, including WesternGeco LLC v. ION Geophysical Corp., B&B Hardware, Inc. v. Hargis Industries, Inc., Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., and Alice Corp. v. CLS Bank International. He also oversaw the USPTO’s defense of numerous district court cases against it.

In his role as Solicitor, Kelley also developed USPTO rules and regulations, helped shape federal policy on various IP matters, and he counseled the Office on the implementation of the America Invents Act.

Before becoming Solicitor, Kelley served as an Associate Solicitor at the USPTO for six years. Before that, he worked for six years with the Federal Circuit, first as a member of its permanent legal staff and then as a law clerk for Circuit Judge Randall Rader.

At Perkins Coie, Kelley will focus his practice on Federal Circuit appeals, inter partes reviews (IPR) at the PTAB and related USPTO work, and advising clients on IP strategy and policy more generally.

In addition to augmenting the firm’s IP practice, Kelley provides another boost to the firm’s thriving Washington, D.C., office. “Our Washington office has seen exponential growth over the past decade. We now have 130 lawyers, with a substantial number of new additions that deepen our regulatory and administrative law practices,” said Bill Malley, Managing Partner of Perkins Coie’s Washington, D.C., office. “Nate’s hiring furthers this trend of adding senior-level lawyers with impressive federal government experience. We’re excited to have him on board.”

Along with Kelley, other additions to the firm’s Washington, D.C., office in 2018 include Stephanie Roy (Technology Transactions & Privacy), Robert Burgoyne (Commercial Litigation), Nir Margalit (Real Estate & Land Use), and Valerie Dahiya (Investment Management).

A new survey aims to move forward the conversation about equality in Biglaw by examining which firms are taking key steps to close persistent gender gaps.

Bloomberg Law reports on the survey, which was conducted by Diversity Lab, an incubator for diversity and inclusion in the law, and ChIPs, a nonprofit organization focused on advancing and connecting women in technology, law and policy.

Top scoring firms were Brooks Kushman and Sheppard Mullin.

Read the Bloomberg Law article.

The Broward Health board fired its general counsel Lynn Barrett as the Florida taxpayer-supported health system continues to struggle after a series of state and federal investigations related to alleged overspending, kickbacks and open-government law violations, reports Modern Healthcare.

“Broward Health doctors alleged during Wednesday’s board meeting that Barrett helped cultivate a hostile culture at the South Florida health system, which led to a ‘mass exodus’ of doctors that crippled the organization,” explains reporter Alex Kacik.

Barrett’s dismissal comes amid a controversy over an independent review process led by law firm Baker Donelson concerning a $69.5 million healthcare fraud settlement agreement reached in 2015.

Read the Modern Healthcare article.

POWER magazine has posted the first of a two-part series examining what dealmakers need to know before making any power industry mergers and acquisitions.

The authors, Jeff M. Dobbs and Robert S. Goldberg, are partners with Mayer Brown LLP in the firm’s Houston office.

The series is designed to describe the legal due diligence process, the types of agreements, and issues that are frequently encountered in the diligence review of operating electric power generation assets. It also will outline the structure of a typical acquisition agreement for these assets, and highlight typical provisions and issues that are heavily negotiated between buyers and sellers.

Read the article.

In a new podcast, two shareholders in Ogletree, Deakins, Nash, Smoak & Stewart discuss a number of important considerations for employers to keep in mind when drafting a severance agreement.

Milwaukee shareholders Bud Bobber and Brian Radloff offer some practical tips for drafting severance agreements, from how to go about deciding how much to offer an employee to the key terms of the agreement.

The [podcast can be accessed on the Ogletree Deakins website.

Listen to the podcast.

New York State has taken steps to smooth the often rough road for resolving international contract disputes, and parties are finding the new procedures comparatively easy to follow, according to post on the website of Daniel Kron.

He explains that “when international contracts have no forum selection clause, New York can be the only — or best — place to obtain personal jurisdiction. At the same time, given the relatively broad views of personal jurisdiction found in New York, foreign individuals may find they are taken to court in New York despite their desires.”

Read the article.

In addition to representations and warranties, merger and acquisition purchase agreements generally include indemnification provisions, pursuant to which any given party agrees to defend, hold harmless, and indemnify the other party or parties from specified claims or damages, according to a post on  the Goulston & Storrs website.

Daniel R. Avery explains that these typically include claims arising from a breach of the indemnitor’s representations and warranties or covenants set forth in the purchase agreement, or with respect to other specific matters.

“Indemnity caps are often one of the most intensely negotiated provisions of an M&A purchase agreement,” Avery writes. “The market amount for indemnity caps has historically been a direct reflection of the relative strength of buyers and sellers in the private company M&A market.”

Read the article.

Federal district courts in New York and New Jersey recently turned aside employee attacks on arbitration agreements challenged on the grounds that the employer’s communication of its arbitration policy via email was inadequate, reports the Gibbons Employment Law Alert.

“The courts in both Lockette v. Morgan Stanley and Schmell v. Morgan Stanley held that the employees’ assertions that they never saw the email forwarding the terms of the arbitration agreement were insufficient to overcome the employer’s evidence that the email had been delivered to the employees’ email inboxes,” explains Richard S. Zackin.

But employers must keep in mind that they must comply with relevant state contract law, cautions Zackin.

Read the article.

Exterro has published its 2018 Law Firm Benchmarking Report, in which more than 100 law firm professionals supplied advice and tips for getting more out of a law firm.

This is the third annual edition of the Exterro report.

The report includes:

• In-depth analysis of how law firms are working with their clients around e-discovery issues
• New techniques for improving how you communicate and work with your law firms
• Survey responses from over 100 law firm respondents on 25+ questions

Download the report.

Zapproved has published the new Fall 2018 Ediscovery Case Law Summaries. This new edition explores how recent spoliation, proportionality, and other ediscovery-relevant case decisions are guiding litigation.

This free volume, which can be downloaded from Zapproved’s website, includes 12 full summaries, plus brief abstracts of case law from the last 10 years.

The new summaries are:

• World Trade Ctrs. Assoc., Inc. v. Port Auth. of N.Y. & N.J.
• BankDirect Capital Fin., LLC v. Capital Premium Fin., Inc.
• EPAC Techs., Inc. v. HarperCollins Christian Publ’g, Inc.
• De Simone v. VSL Pharms., Inc.
• Elliott-Thomas v. Smith
• GoPro, Inc. v. 360Heros, Inc.
• Nece v. Quicken Loans, Inc.
• The Physicians Alliance Corp. v. WellCare Health Ins. of Ariz., Inc.
• Cen Com, Inc. v. Numerex Corp.
• Equal Emp’t Opportunity Comm’n v. FedEx Ground Package Sys., Inc.
• In re Simply Orange Orange Juice Mktg. & Sales Practices Litig.
• Johnson v. Ford Motor Co.

Download the summaries.