LinkedIn is the least popular of all the big social media channels, but it’s still considered a must for companies looking for business and individuals looking for work, writes Amy Boardman Hunt for Muse Communications.

She explains that “it’s one of the first places employers, recruiters and prospective clients go to vet potential hires. So if you’re interested in beefing up your firm’s or your personal online presence, LinkedIn is what we in the marketing business call low-hanging fruit.”

The article covers some of the best practices for using LinkedIn, including: using a professional photo, how to write a headline and a summary, making full use of various profile sections, using links to your articles and blog posts, keeping the profile updated, using recommendations, and sharing articles and updates.

Read the article.

A cybersecurity scare at Foley & Lardner has drawn new attention to a debate over data security at top law firms, and some clients and outside organizations are taking matters into their own hands, according to a Bloomberg Law report.

Bloomberg’s Sam Skolnik writes that general counsels’ offices have been expressing renewed concern about whether even the biggest law firms are adequately protecting highly sensitive data.

“Cyber incursions into law firms clearly appear to be on the rise. According to a December 2017 American Bar Association legal technology report, just over a third of law firms with between 10 and 49 attorneys reported experiencing some sort of data-related security breach in the previous 12 months,” according to Skolnik.

Read the Bloomberg Law article.

The U.S. Supreme Court heard arguments this week on whether it should place limits on class-action settlements in which the plaintiffs’ lawyers receive millions and their clients get nothing, reports The New York Times.

“The case arose from an $8.5 million settlement between Google and class-action lawyers who said the company had violated its users’ privacy rights,” writes Times reporter Adam Liptak. “Under the settlement, the lawyers were paid more than $2 million, but members of the class received no money.”

As a part of the settlement, Google agreed to contribute to institutions concerned with privacy on the internet, including centers at Harvard, Stanford and Chicago-Kent College of Law, and AARP.

“How can you say that it makes any sense?” Justice Samuel A. Alito Jr. asked a lawyer for the members of the class.

Read the NY Times article.

NBC News reports that the Justice Department revealed Thursday that a federal grand jury has charged companies in China and Taiwan  and three individual Taiwanese nationals with a scheme to steal trade secrets from Micron.

China is “shamelessly bent on stealing its way up the ladder of economic development and doing so at American expense,” said John Demers, assistant attorney general for national security.

NBC reporter Pete Williams writes: “Federal prosecutors said one of the defendants served as president of a company acquired by Micron five years ago. The charges said he went to work for the Taiwan company, United Microelectronics Corporation, and orchestrated the theft of trade secrets from Micron worth nearly $9 billion.”

Read the NBC News article.

First Amendment lawyers with Jackson Walker LLP are assisting the Reporters Committee for Freedom of the Press with challenges journalists may face at polling places on Election Day.

“There are very specific restrictions in all states regarding access to polling places, and some polling officials may overreach – beyond what the law allows – in trying to keep reporters away,” said Joshua Romero, one of the lawyers providing legal guidance.

“In Texas, a person may not use a cell phone, camera or other recording device within 100 feet of polling places. However, the Texas Secretary of State has adopted a policy of permitting ‘non-disruptive’ exit polling within the 100-foot protected area,” Romero said.

“Also, ballot selfies that include a photo of a voter or journalist with a completed ballot have been a hot topic at times,” he said. “All of these issues involve First Amendment rights that courts across the country have struggled to address.”

Dallas-based litigation boutique Bailey Brauer PLLC has earned recognition among the Best Law Firms in the country for 2019 by U.S. News & World Report and The Best Lawyers in America. The firm was singled out for its appellate work.

Selection is based on extensive client and attorney evaluations, practice-specific peer review and editorial review. To be eligible for consideration, a firm must have a lawyer listed in the annual Best Lawyers in America guide. Firm co-founders Clayton Bailey and Alex Brauer are each recognized in the 2019 edition – Bailey for his appellate work and Brauer for commercial litigation.

“This firm works to provide our clients exceptional legal advice start to finish, from negotiating disputes and preparing for litigation to trying a case and following through on appeal,” said Brauer. “To be considered among the top firms is validation of our dedication to our clients.”

In October, Bailey was named a Litigation Star in commercial litigation for the fifth year in a row by the Benchmark Litigation legal guide. He was also recognized by Benchmark for his competition-based litigation practice, as well as his international arbitration work.

Bailey and Brauer were each selected to the 2018 Texas Super Lawyers listing for their business litigation work. The guide to Texas’ top lawyers is published annually by Thomson Reuters in Texas Monthly and Super Lawyers magazines.

Earlier this year, Brauer was recognized for a third consecutive time among D Magazine’s Best Lawyers in Dallas.

Thomas Walker has joined FisherBroyles, LLP as a litigation partner in the firm’s Atlanta office.

“We are very pleased to welcome Thomas to FisherBroyles’ Atlanta office,” said FisherBroyles’ General Counsel and Managing Partner of Litigation Joel M. Ferdinand. “Thomas has 20 years of diverse litigation and bankruptcy experience and is a great addition to our deep bench of litigators across FisherBroyles’ 21 offices throughout the country.”

Walker said, “I am thrilled to join FisherBroyles and provide my clients with services supported by the the firm’s cloud-based partnership model and my talented partners with Big Law experience.”

In a release, the firm said Walker focuses his practice on representing creditor and debtor clients in bankruptcy, pre-bankruptcy workouts, real estate foreclosures, dispositions of collateral under the Uniform Commercial Code, and all related litigation. His creditor representations include lending institutions, utility companies, real estate companies, and other secured and unsecured lenders. His debtor representations include a major health care company, a supermarket chain, and the largest auto-hauling company in North America. In addition, Walker represents purchasers of assets and businesses on matters both inside and outside the bankruptcy process, as well as other clients in general commercial litigation, with a primary focus on lending litigation, collections and similar matters.

Prior to joining FisherBroyles, Walker was a partner with McGuireWoods LLP in Atlanta.

Walker received his J.D. (cum laude) from Tulane Law School and his Bachelor of Arts from The George Washington University.

Fitch, Even, Tabin & Flannery LLP will present a free webinar, “FRAND Licensing: Recent International Developments,” featuring Fitch Even senior licensing specialist and patent analyst Curtis S. Dodd.

The event will be Thursday, Nov. 15, 2018, at 9 am PST / 10 am MST / 11 am CST / 12 noon EST.

Understanding the latest developments in FRAND licensing is essential to developing appropriate strategies for licensing standard essential patents (SEPs), both as licensor and licensee.

During this webinar, presenters will provide an overview of recent developments in FRAND licensing as a process and as a result, including a discussion of the following:
• Guidelines published in Europe, China, and Japan for licensing of SEPs
• Key decisions from the U.S., the UK, and China regarding how to determine FRAND terms and conditions, including
o Unwired Planet v. Huawei (UK)
o TCL v. Ericsson (US)
o Huawei v. Samsung (CN)

In addition, the event will address these topics:
• Who holds the FRAND burden of proof
• What it means to be a willing licensee
• Jurisdiction for deciding FRAND disputes
• The appropriateness of confidentiality agreements

Register foor the webinar.

An El Paso neurosurgeon is the subject of a lawsuit filed last week, accused of unlawfully conspiring with a local attorney to solicit legal representation for a dying truck wreck victim, according to a release from Androvett Legal Media & Marketing.

The lawsuit, filed by El Paso resident Karla Triana, claims that while her mother was undergoing emergency surgery at Del Sol Medical Center, Dr. Bratislav Velimirovic handed her a lawyer’s business card and urged her to contact the attorney. Triana’s mother died as a result of her injuries.

Triana subsequently received a call and text message on her personal cell phone from an employee in the office of the attorney, Victor J. Bieganowski, indicating that he sought to represent her in a civil claim against the trucking company.

“It’s clear that the doctor and the attorney are breaking the law by working together to solicit legal representation of accident victims and their families,” says attorney Tom Carse of Dallas. Carse handles cases involving charges of unlawful representation, known as barratry, against other attorneys, according to the release.

“It’s logical to think this was not an isolated incident, and that there may be more instances of this conspiracy still to be uncovered.”

The release states that Bieganowski was convicted in 2000 on federal charges for his role in a massive medical and legal fraud, and received a 30-month prison sentence and a fine of $375,000. He was disbarred, but subsequently regained his law license. The fraud charges involved claims against union officials for funneling the cases of injured workers to Bieganowski’s legal practice and the medical practice of his brother, Dr. Arthur Bieganowski.

Dr. Velimirovic is a partner in Neurosurgical Specialists of El Paso. According to the clinic’s website he is a “board-certified neurosurgeon who utilizes advanced techniques to perform minimally invasive spine surgery, cranial surgery and interventional radiologic procedures.”

Eric McArthur has rejoined Sidley Austin LLP in Washington, D.C., as a partner in its Supreme Court and Appellate practice. McArthur returned to Sidley after serving as Deputy Associate Attorney General in the U.S. Department of Justice (DOJ).

In a release, the firm said he will focus his practice on representing clients in appellate court proceedings as well as trial court litigation matters, particularly those involving critical motions and complex issues of constitutional, statutory and administrative law.

In his role as Deputy Associate Attorney General, McArthur assisted the Associate Attorney General in supervising and managing high-stakes litigation handled by the DOJ’s Civil and Environment and Natural Resources Divisions. He represented the DOJ in coordinating litigation with the White House Counsel’s Office and other federal agencies, including the Department of Health and Human Services, the Department of Labor, the Department of Commerce, the Department of State, the Department of Defense, the Department of Interior and the Environmental Protection Agency. McArthur also argued on behalf of the United States in significant cases in both the Second and Ninth Circuit Courts of Appeals.

“We are excited that Eric has rejoined the firm,” said Peter Keisler, co-leader of Sidley’s Supreme Court and Appellate practice. “The wealth of experience and sharp insights he gained through directly supervising and handling important cases will be critical in helping guide our clients through matters involving advocacy and negotiation with the Justice Department, as well as litigation involving federal agencies.”

Earlier in his career, McArthur served as a law clerk for both former Fourth Circuit U.S. Court of Appeals Judge J. Michael Luttig and U.S. Supreme Court Justice Clarence Thomas.

Genhi Givings Bailey has joined Perkins Coie as chief diversity & inclusion officer. Bailey previously led the diversity and inclusion department at DLA Piper for eight years.

“Throughout her career, Genhi has shown a strong dedication to diversity and inclusion, which are core values of our firm,” said John Devaney, Perkins Coie’s firmwide managing partner. “Her exceptional skills, experience, and grasp of diversity and inclusion issues will help us build on the progress we’ve made to date and contribute fresh thinking to further advance our efforts. We are very excited to see what she brings to this role.”

Inn a release, the firm said Bailey, who will be based in Perkins Coie’s Chicago office, will lead the firm in achieving its current diversity and inclusion goals and develop new initiatives that champion diversity as a key ingredient to driving the firm’s success. She will lead recruitment, retention and advancement plans for diverse lawyers and work closely with the firm’s senior leadership and department heads to ensure consistent and effective diversity and inclusion efforts across the firm.

“It’s an incredible opportunity to join a firm like Perkins Coie, which has demonstrated a genuine commitment to embrace diversity and inclusion and embed it into its culture,” Genhi said. “I look forward to collaborating with others at the firm and adding my experience and knowledge to take the firm’s diversity and inclusion efforts to the next level.”

Bailey serves as a board member and volunteer for various groups, including the Diversity and Flexibility Alliance, the Chicago Sinfonietta, Umoja Student Development, the Posse Foundation and the Association of Law Firm Diversity Professionals. Prior to her roles focused on diversity and inclusion, Bailey was a Legal Placement and Diversity Consultant at Ajilon in Minneapolis and a practicing attorney focused on trademark and copyright in the entertainment industry. Bailey received her J.D. from the Mitchell Hamline College of Law and her B.A., cum laude, from Metropolitan State University.

A new study by Above the Law takes a unique approach to ranking the influence and impact of justices of the U.S. Supreme Court by rating them based on the career success of their former clerks.

“Today’s Supreme Court clerks are tomorrow’s Supreme Court justices. They are tomorrow’s attorneys general and United States attorneys.” explains executive editor Elie Mystal. “They are tomorrow’s law professors and corporate GCs. Former Supreme Court clerks are incredibly powerful people in their own right, and they received their final training from a Supreme Court justice.”

The study covers former justices as well as current members of the court. That’s why, for example, Sandra Day O’Connor, Anthony Kennedy and the late Thurgood Marshall score high in the rankings. The study focuses on four categories: the judiciary, Biglaw, academia and government.

Read the Above the Law article.

A California appellate court has given Tokai Intl. Holdings Inc. the go-ahead to proceed with cleanup cost-related malpractice claims against law firm Paul Hastings LLP, according to a Bloomberg Law report.

“The firm allegedly failed to properly advise the Delaware-based company about environmental cleanup costs taken on by a subsidiary when it bought a holding company in 2005. Paul Hastings provided advice during the acquisition,” writes Bloomberg reporter Peter Hayes.

Tokai alleges an agreement in a contract for the purchase of a holding company left it, rather than the seller, with $2 million or more in reimbursed cleanup costs related to contamination at a former manufacturing site in California.

Read the Bloomberg Law article.

The ABA Journal reports that a would-be class action suit filed against President Donald Trump alleges he engaged in a scheme to defraud investors by promoting three companies that charged people to sell their products and learn about business opportunities, while failing to disclose the financial risk of the buy-in.

Reporter Debra Cassens Weiss writes that the suit alleges Trump didn’t disclose that he was “lavishly paid” for the endorsements, and instead led consumers to believe that his backing was based on due diligence, inside information and personal experience with the companies.

Defendants include Trump, the Trump Organization and children Donald Trump Jr., Eric Trump and Ivanka Trump.

Read the ABA Journal article.

A new study that ranks law schools by the quality of their overall faculty “team” puts New York University at the top of the list, reports Above the Law.

“It’s not an entirely new concept, but where J.B. Heaton’s project ‘Who Fields the Best Team? A (Better) Measure of the Top Ten U.S. Law Schools by Faculty Impact’ differs from prior stabs at this metric is in focusing on faculty excellence across specialties,” explains editor Joe Patrice. “Most law students don’t walk through the door knowing exactly where their career will take them — the law school with the best experts in a number of different specialties provides students with the best foundation for later success.”

Harvard’s law school takes the number 2 slot on the list.

Read the Above the Law article.

Former Pennsylvania Supreme Court justice and Penn State University general counsel Cynthia Baldwin was cleared Friday of any wrongdoing relative to her representation of university officials during the Jerry Sandusky investigation, reports the Pittsburgh Post-Gazette.

She had been accused by the Pennsylvania Office of Disciplinary Counsel of violating several of the Rules of Professional Conduct for attorneys as she represented Penn State, former PSU president Graham Spanier, and two other administrators while she served as university general counsel from 2010 to 2012, writes reporter Paula Reed Ward.

The case included an alleged conflict in representing the interests of the university as well as the three administrators before the investigating grand jury. All three administrators were convicted of child endangerment stemming from a case which resulted in a former university assistant football coach being convicted of sexually abusing children.

Read the Post-Gazette article.

Bloomberg Law is reporting that Foley & Lardner LLP experienced a cybersecurity incident earlier this month, but said there was “no unauthorized access to client data.”

Jill Schachner Chanen, external communications manager at Foley & Lardner, told Bloomberg Law in an email that the incursion occurred earlier this month.

She said the firm has security safeguards in place designed to protect the IT system and data and that no client data was exposed to the cyber intruders.

Read the Bloomberg Law article.

James L. Heskett, a Harvard Business School professor emeritus, reports on some of the responses to a recent column about how best to foster a climate of inclusion in an organization.

In his original column, the author discussed how diversity and inclusion are universal topics among executives. One typical study looking at the issue found “a strong correlation between gender diversity and a company’s bottom line.”

Companies in the top quartile of gender diversity worldwide had a high likelihood of outperforming bottom-quartile industry peers in both earnings before interest and taxes as well as longer-term value creation, according to the study.

Read the article.

The Justice Department’s Criminal Division has announced updated policies and procedures related to the selection of corporate monitors in federal criminal cases, according to an advisory written by Paul N. Monnin, a partner in Alston &. Bird.

He writes:

The memorandum makes clear that “the Criminal Division should favor the imposition of a monitor only where there is a demonstrated need for, and clear benefit to be derived from, a monitorship relative to the costs and burdens.” In short, a monitor is now disfavored “[w]here a corporation’s compliance program and controls are demonstrated to be effective and appropriately resourced at the time of resolution.”

The article also includes a link to a PDF of the DOJ advisory.

Read the article.

SCOTUSblog reports that in Lamps Plus Inc. v. Varela, the U.S. Supreme Court will decide whether the U.S. Court of Appeals for the 9th Circuit correctly held that an employer consented to class arbitration.

The employer in that case included language in the arbitration contract that committed the parties to use arbitration “in lieu of any and all lawsuits or other civil legal proceedings,” specified that arbitral claims include those “that, in the absence of this Agreement, would have been available to the parties by law,” and authorized the arbitrator to “award any remedy allowed by applicable law.”

Lower courts have found that the arbitration agreement could be read to authorize class arbitration, and that California contract law called for ambiguity on that point to be resolved against the contract’s drafter, Lamps Plus, writes Charlotte Garden.

Read the article.