Littler Mendelson announced that Reliance, a Belgian labor and employment law boutique with 20 lawyers, is joining its global platform. The expansion brings Littler’s presence in Europe to six countries, while adding an outpost in Brussels, home of the European Union headquarters.

The firm said the move is part of Littler’s global expansion strategy that includes combining with the top firms focused on labor and employment law in significant international markets, which has led to a footprint of more than 1,500 attorneys across 82 offices and 19 countries. In addition to its office in Brussels, Reliance has an office in Mechelen.

“Given Belgium’s significant role in the European and global economies, it was important for Littler to find a well-regarded firm like Reliance, which represents top international clients and is recognized for its strength in all aspects of labor and employment law,” said Tom Bender and Jeremy Roth, co-managing directors of Littler, in a joint statement. “Reliance’s team can work seamlessly in Dutch, French and English – a unique attribute among Belgian firms. That ability, combined with the high caliber of Reliance’s attorneys, makes the firm a strong addition to our global platform and a logical next step in our expansion strategy.”

In a release, the firm said Reliance was founded in 2009 by partners Edward Carlier and Koen De Bisschop, who were later joined by Anne-Valérie Michaux and Erwin Crabeels. The firm works on labor and employment matters, including the defense of claims, collective bargaining and advice on works council matters, representation before government agencies, audits and training. The team also advises employers on such issues as compliance with the EU’s General Data Protection Regulation and other privacy and data security laws, global mobility, restructurings, hiring and termination, workplace discrimination and harassment, and non-compete agreements.

The release continues:

“It’s clear that Littler has an impressive expansion strategy, and we’re excited to join its growing global platform, particularly in Europe,” Carlier said. “Littler’s singular focus on labor and employment law and its reputation as an innovative and global firm is the perfect fit for Reliance. The firm’s presence in key global markets throughout Europe and its vast resources will complement our practice and provide our clients with additional legal offerings in one of the most important business and governmental centers.”

Carlier focuses his practice in all aspects of human resources law, including corporate restructurings. He counsels employers on the design and implementation of effective redundancy plans, and he regularly handles human resources-related conflicts and litigation. De Bisschop advises companies on international mobility, the design of competitive wage structures and data protection, while also counseling executives and directors in relation to their employment or management contracts.

“An office in Belgium – in combination with our existing practices in France, Germany, Italy, the Netherlands and the United Kingdom – is an important addition,” said Stephan Swinkels, a Littler shareholder who helps lead the development and integration of the firm’s global practice. “In addition to its strong reputation around Europe, Reliance’s even split of Dutch and French-speaking attorneys is a significant advantage and aligns well with our robust teams in the Netherlands and France.”

Peter Susser, Littler’s Global Practice Leader and chair of the firm’s International Employment Law practice, added that, “We’re excited to join with this talented group of 20 lawyers who have a well-earned reputation for counseling employers in Brussels and across Europe. Reliance has a great track record, and our clients from across the region and around the world should start seeing immediate value as a result of this combination.”

Above the Law reports that four partners in the London office of Ropes & Gray are being forced out following a strategic shift in the firm’s direction.

Editor Kathryn Rubino quotes a report from Legal Week: “Multiple sources have told Legal Week that the quartet are set to leave following discussions with firmwide management, who travelled into London last week from the US.

“One former partner said of the exits: ‘It seems like a bit of a bloodbath over there at the moment. It has for a long time. The last two years have been shaky.’”

Read the Above the Law article.

A biotechnology billionaire faces charges from the Securities and Exchange Commission of being part of pump-and-dump schemes that netted $27 million and left retail investors holding the bag, reports MedCity News.

In a lawsuit filed in federal court in New York, the SEC alleged OPKO Health chairman and CEO Phillip Frost took part in three pump-and-dump schemes between 2013 and 2018.

Reporter Alaric Dearment explains that the complaint alleges that Frost was involved in schemes to promote the stock of some companies on the crowd-sourced investment content site Seeking Alpha, on which articles would appear promoting their shares and touting Frost’s involvement in the companies. After the stock prices were pumped up, the defendants would sell it off, the SEC alleges.

Read the MedCity article.

The Associated Press is reporting that MGM Resorts International drew criticism Tuesday for saying hundreds of survivors of the Las Vegas mass shooting, who are being sued by the casino operator, could opt to have the money that will be used to serve them a lawsuit instead donated to a charity.

The company, which sued more than 1,900 victims of the Oct. 1 mass shooting, has been working to notify them as it faces a standard 90-day deadline, explains AP reporter Regina Garcia Cano.

Attorney Robert Eglet, part of a group representing most of the victims, said the company is just trying to “spin” its attempt to save money on serving legal notices, Cano writes.

Read the AP article.

Charles (Chuck) Geitner has joined FisherBroyles, LLP as a partner and litigator in the firm’s Naples, Florida, office.

“We are delighted to welcome Chuck to FisherBroyles in Florida and to our team of highly successful litigators who serve our clients across 21 offices nationwide,” said FisherBroyles General Counsel and Managing Partner of Litigation Joel M. Ferdinand. “Chuck brings more than two decades of litigation experience in state and federal courts and a valuable business acumen from his prior work in the banking industry.”

Geitner said, “It is a great joy to join FisherBroyles and work alongside the firm’s talented attorneys who all are committed to delivering high quality legal services and value to our clients.”

The firm said Geitner represents clients in a variety of complex commercial disputes, class actions, and regulatory matters. He advises and assists businesses in protecting their trademarks, service marks and trade secrets, and structures contracts for employees who handle sensitive and confidential business information. He also litigates cases on behalf of plaintiffs and defendants under the Lanham Act, and in relation to patent, copyright and trademark infringement. In addition, Geitner defends professionals in the legal, insurance and technology industries against officer and director liability, errors and omissions claims, and professional malpractice claims. His clients include banks, warranty companies, real estate developers, manufacturers, insurance agencies and professionals, medical equipment suppliers, e-commerce companies, and consulting firms. In particular, he serves as counsel to publicly traded auto retail groups and privately-owned auto dealerships, advising on issues including regulatory and licensing compliance, sales and finance disclosure, leasing disclosure, sales and use tax audits, and franchise rights.

Most recently, Geitner was a partner with Hinshaw & Culbertson, LLP. Prior to his law career, he was a vice president, bank manager and loan officer with First Union National Bank (n/k/a Wells Fargo).

Geitner received his J.D. (cum laude) from Stetson University College of Law and his Bachelor of Science in Business Administration (summa cum laude) from the University of Central Florida.

A new article published by the National Association of Corporate Directors discusses the steps a company needs to take before deciding to embark upon a board-led investigation, and provides insight into essential actions the company should take to “weather the storm of an investigation,” like assigning committee responsibilities and having disinterested directors.

Based on best practices discussed at this spring’s AC Committee Chair Advisory Council meeting, this article outlines the key considerations for boards beginning an investigation:

• Early decisions have far-reaching impacts
• Keep the external auditor informed, while maintaining privilege
• Take a proactive approach to remediation
• Get ahead of reputational damage
• Discuss whether the circumstances warrant self-reporting

The company said this article helps directors develop an internal investigation protocol to follow should an issue arise, and equips directors with a framework to mitigate the effects of an investigation both internally and externally.

Download the article.

In a victory for policyholders, a recent decision from the Western District of Texas narrowly construed a common breach-of-contract exclusion and held that the insurer had a duty to defend its insured against an underlying lawsuit over construction defects, according to the Hunton Insurance Recovery Blog.

“The allegations potentially supported a covered claim, as the conduct of the insured’s subcontractor could have been an independent, ‘but for cause of the property damage at issue, thereby triggering the insurer’s duty to defend’,” explain Lorelie S. Masters and Tae Andrews.

“Many CGL policies have similar or identical breach-of-contract exclusions,” they write. “Longstanding principles of law regarding the duty-to-defend analysis hold that exclusions should be narrowly construed against the insurer and in the insured’s favor, and that when making a duty-to-defend analysis, any doubts or ambiguities should be resolved in the insured’s favor.”

Read the article.

John Hardin has joined Perkins Coie’s Insurance Recovery practice as a partner in the Dallas office. He is joined by Skyler Howton, an associate in the Insurance Recovery practice.

The firm said Hardin handles complex commercial litigation and has experience in resolving complex insurance recovery disputes for corporate policyholders. He advises clients on topics including policy language, claim submission and growing areas of conflict, such as cyber liability.

“John has an impressive depth of knowledge and experience in complex litigation, particularly related to insurance coverage in Texas,” said Robert Jacobs, Firmwide Chair of Perkins Coie’s Insurance Recovery practice. “The state has been an active jurisdiction for these kinds of cases for some time now, and as we continue to help clients navigate related concerns, John’s background will make him an invaluable asset to our team.”

Hardin’s litigation work also extends into real estate litigation, where he advises clients on matters ranging from traditional disputes to cross-jurisdictional litigation in administrative, arbitration and courtroom settings. He joins Perkins Coie from K&L Gates, where he led the firm’s Global Real Estate Litigation Group.

“We’ve watched the Dallas economy continue to grow, and we anticipate complex client queries will only increase in tandem with it,” said Bobby Majumder, Managing Partner of Perkins Coie’s Dallas office. “John has a proven track record as an exceptional litigator, and since real estate and insurance issues tend to impact nearly every industry, his background will immediately enhance our cross-practice capabilities in Dallas.”

Hardin received his J.D., magna cum laude, from the University of Memphis Cecil C. Humphreys School of Law, and his B.S., cum laude, from Middle Tennessee State University.

Akerman LLP announced additions to its Consumer Financial Services Practice Group with partners Eric Goldberg and Erica Stein. Goldberg joins the firm from the Consumer Financial Protection Bureau, where he served as Managing Counsel for Regulations, and Stein joins from JPMorgan Chase Bank, N.A., where she was Vice President and Assistant General Counsel.

“Eric and Erica are exceptional lawyers with impressive financial services backgrounds,” said William Heller, chair of the Consumer Financial Services Practice Group. “Their combined experience as a former regulator and as a former in-house counsel make them powerful additions to our national team, particularly relating to payment systems and litigation in every state and all risk levels.”

The firm said Goldberg advises clients on a range of consumer financial services issues primarily relating to payments and fintech. His work focuses on both legacy payment systems such as debit and credit cards and emerging technologies such as mobile payments and prepaid cards. Prior to joining Akerman, Goldberg was Managing Counsel for Regulations at the Consumer Financial Protection Bureau, where he led the agency’s payments regulatory work. At Akerman, Goldberg will concentrate on federal and state regulatory issues impacting providers of deposit accounts and emerging payment services, including prepaid cards and money transfers. He will also advise on credit products including credit cards and on fintech products such as those involving virtual currency, blockchain, and consumer data aggregation services. Relatedly, Goldberg will be evaluating UDAAP risk and counseling clients on issues arising under EFTA, TILA, TISA, EFAA, GLBA, BSA, MLA, and the Dodd-Frank and FTC Acts.

Stein has experience as in-house counsel at JPMorgan Chase Bank, N.A. and previously with Akerman, defending a wide variety of financial services litigation, from individual disputes to class actions, in state and federal courts nationwide. She regularly defends financial services providers from claims (high volume to high stakes) brought pursuant to RESPA, TILA, FCRA, FDCPA, and TCPA. Erica also defends mortgage lenders, servicers, investors, and other financial services providers against borrower complaints alleging wrongful foreclosure and violations of state statutes, as well as operationalizing compliance with those state laws.

In recent weeks, Akerman also attracted partner Lori Nugent to the firm’s Consumer Financial Services Practice Group. Joining from Greenberg Traurig in Dallas, she serves as co-chair of Akerman’s Privacy, Cybersecurity and Emerging Technologies Team.

Douglas Taber has joined Hogan Lovells’ Business Restructuring and Insolvency (BRI) practice as partner in its New York office. Prior to joining Hogan Lovells, Taber served as Lead Executive Counsel, Restructuring & Banking, at GE Capital.

Taber’s arrival follows that of Rick Wynne, Bennett Spiegel, and Erin Brady to the firm’s BRI practice in April.

“We have been strategically expanding our BRI practice and the banking practice nationwide to provide lender-side restructuring advice,” said Chris Donoho, co-head of the firm’s US BRI practice. “Doug’s experience and reputation in New York will enable us to continue our strong performance in a very competitive market.”

Taber spent over 17 years at GE Capital, first as Managing Director and General Counsel responsible for restructurings at GE Capital Corporate Financial Services, then as Head Executive Counsel at GE Capital, including throughout the financial crisis. At GE Capital he managed GE Capital’s largest and most complex US bankruptcies, cross border insolvencies and out-of-court restructurings.

Taber began his legal career in 1988 at Goldberg Kohn Ltd., where he served as an associate until 1995 before accepting an invitation to join the partnership. He spent five years as a partner before going in-house to GE Capital.

The firm said Taber also has experience in commercial finance, corporate governance and M&A. His tenure at GE Capital coincided with the introduction of a significant amount of new regulations created by the Dodd Frank Act, and he acted as the lead internal counsel on GE Capital’s Dodd Frank resolution plan.

Taber earned his J.D. cum laude from Harvard Law School, an MA in Teaching (English) from the University of Chicago, and BA in English summa cum laude from Bowdoin College. He is admitted to practice in Illinois, Connecticut, Massachusetts, and New York.

Judge Brett Kavanaugh

In the midst of the discord surrounding his confirmation hearings, Judge Brett M. Kavanaugh was a placid presence. Even as he deflected most questions about legal issues, he was quick to say he was alert to the real-world consequences of his rulings, reports The New York Times.

“He gave the same answers countless times, explaining, for instance, that Roe v. Wade had in 1973 established a constitutional right to abortion and that the Supreme Court had repeatedly reaffirmed it, notably in 1992,” writes Adam Liptak. “But he would not say whether he was prepared to overrule it.”

“The Democrats made a fairly strong case that Judge Kavanaugh is very partisan and loyal to the president,” said Paul M. Collins Jr., a political scientist at the University of Massachusetts, Amherst. “The nominee’s refusal to criticize the president in his attacks against the judicial branch didn’t help his case.”

Read the NY Times article.

Brynly Llyr, general counsel of Ripple, one of the world’s leading cryptocurrency companies, has left the payment and remittance network, reports Quartz’s Private Key newsletter.

Quartz reporter Matthew De Silva explains: “Ripple is gearing up for a class-action battle about whether its XRP cryptocurrency is a security or not, and has bolstered its legal team by retaining heavyweights like former US Securities and Exchange Commission chair Mary Jo White and the regulator’s former director of enforcement, Andrew Ceresney. Although Llyr is an experienced attorney with impressive credentials, she doesn’t have the same sway as some of these other legal advisors. Still, the turnover on Ripple’s in-house legal team comes at an awkward time, given the impending case.”

Read the Quartz article.

Utility-scale battery energy storage system transactions present unique legal issues and require special analysis of traditional contract provisions, according to Solar Industry.

Rodrigo Figueroa lists and then discusses the top five legal issues to consider when contracting for utility-scale energy storage.

Those issues include:

1. Uptime Guarantee
2. Intellectual Property
3. Security for Payment and Performance
4. Force Majeure and Changes in Law
5. Indemnity and Insurance

Read the article.

In many contracts, reference is made to one or the other party to the agreement undertaking its “best efforts,” “reasonable efforts” or commercially reasonable efforts.” Often, much time and attention is devoted to negotiating which of these standards will apply, points out Mayer Brown.

But these standards are inconsistently interpreted by courts and are often subjectively applied, the authors of the article explain. Practitioners generally understand that “best efforts” is considered the highest of these standards requiring a party to undertake every action, short of bankruptcy, to accomplish the stated objective. On the other hand, “reasonable efforts” is perceived to be a less stringent standard, allowing a party to use its discretion “within its good faith business judgment” to fulfill a particular contractual obligation.

“Commercially reasonable efforts” is generally interpreted as requiring a party to undertake some conscious effort to accomplish the agreed-upon goal; however, the standard is understood to limit the amount of effort a party is required to expend.

Read the article.

The U.S. Department of Education’s deadline for institutions to comply with the Annual Security Report is Oct. 1, 2018, points out Canopy Programs by United Educators.

Canopy Programs is offering assistance with its Clery Compliance Toolset, which can generate reports that include policies and procedures, as well as statistics for the past three calendar years.

The online tool will allow users to effectively:

• Develop policies and procedures
• Log crime and fire incidents
• Request and log crime statistics from local law enforcement
• Generate daily crime logs

Request a demo or download a white paper.

Texas law firm Chamblee Ryan is observing its 20 years of litigation by compiling a long list of victories.

The firm has offices in Dallas and Tyler. Name partners are Bill Chamblee and Jeff Ryan.

“Some firms say they focus on effective client representation,” the firm says on its website. “But our record and reputation in trial litigation compares favorably to any other firm in North Texas, large or small. Since 1998 our attorneys have tried hundreds of cases in the court room, as well as secured favorable results through effective negotiation involving many industries and in many areas of the law.”

See the list of victories.

The ABA Journal reports that former Dewey & LeBoeuf chairman Steven Davis has reached an agreement with the U.S. Securities and Exchange Commission to pay a $130,000 civil penalty.

The SEC alleged that some executives of Dewey & LeBoeuf, which closed in 2012, misled lenders and bond buyers about the firm’s financial condition.

Dewey’s former finance director former controller also agreed to pay civil penalties.

Read the ABA Journal article.

Image by Ben Sutherland

JPMorgan Chase has reached a settlement with financial advisers who say they were treated poorly because they’re black, reports Bloomberg News via the Chicago Tribune.

Reporter Max Abelson explains: “Six current and former employees at the largest U.S. bank filed what they asked to be a class action, alleging discrimination that’s ‘uniform and national in scope.’ Instead of fighting it in court, the bank agreed to pay $19.5 million to the members of the class, according to Friday filings. It will also put $4.5 million into a fund that will back recruitment, bias training, a review of branch assignments and a coaching program for black advisers.”

In the settlement, the bank denied any “wrongdoing of any kind whatsoever.”

Read the Bloomberg article.

Sacha Baron Cohen is being sued for defamation by Roy Moore over his appearance on the actor’s controversial Showtime series — and the embattled former Alabama Supreme Court Chief Justice is seeking $95 million in damages, reports The Hollywood Reporter.

“Cohen, as the character Erran Morad, interviewed the judge and demonstrated a fictional device meant to detect pedophiles — a reference to Moore’s alleged sexual misconduct with an underage girl that surface during his failed campaign for Alabama’s U.S. Senate seat,” writes reporter Ashley Cullins.

Moore’s complaint claims he was deceived and was defamed by “the false and fraudulent routine.”

Read The Hollywood Reporter article.

Christina Marshall, a former corporate partner at Haynes and Boone, LLP, is returning to the firm following a stint as executive vice president and general counsel at Chalak Mitra Group of Companies, a Dallas-based group of investment companies focused in the hospitality and sports industries.

Marshall will serve as a partner in Haynes and Boone’s Mergers and Acquisitions Practice Group, where she will focus on advising companies in connection with middle market mergers and acquisitions and other corporate strategic transactions.

“We are excited to have Christina return to Haynes and Boone and help us expand our middle market corporate strategic acquisitions practice,” said M&A Partner Jennifer Wisinski. “Having worked in-house, Christina has a keen understanding of what clients expect from their lawyers. She is also a proven mentor who can help us train and develop our younger lawyers as she leads deal teams through the acquisition process.”

Marshall handled legal and business issues at Chalak Mitra Group of Companies, including the purchase and sale of assets, management of the group’s litigation docket, and oversight of several departments including human resources and risk management. She later served as a principal at Dallas law firm Keating Marshall PLLC, where she advised clients on M&A matters and other business transactions, including joint ventures, securities law issues, and debt and equity offerings.

“I have missed Haynes and Boone since I left and am very excited to return. I have many close colleagues and a deep appreciation for the firm’s client-first and teamwork culture,” Marshall said. “I look forward to furthering Haynes and Boone’s commitment to partnering with clients to provide the tailored, practical and comprehensive business solutions that I know companies covet.”