The family of a 3-year-old who died after being left for more than four hours in a Houston day care center’s van in late July has sued the operator for negligence, according to a post on the website of Androvett Legal Media & Marketing.

The post continues:

Raymond Pryer Jr., known as R.J., was found unresponsive in the van around 7 p.m. on July 20, when his father arrived to pick him up at Discovering Me Academy. Records indicate the high temperature in the area on that date was 97, with a temperature inside the van reaching at least 113 degrees.

Discovering Me Academy and its employees failed to have systems in place to safeguard its students while on field trips, according to the lawsuit filed by Raymond and Dikeisha Whitlock-Pryer. Law enforcement reports indicate the little boy was on an outing with 28 others when the van returned to the northwest Houston day care around 2:30 p.m.

“This was a horrible, preventable death, and no child should be put at such risk,” R.J.’s parents said in a statement released by their attorney, Larry Wilson, of Houston’s Lanier Law Firm. “We are devastated, and we are angry. We trusted this day care center with the life of our son, who has now been taken away from us because of their simple, uncaring neglect. Our hope is that this lawsuit makes other operators and regulators take notice and work to prevent anything like this from happening again. That would be the greatest legacy that R.J. could leave this world.”

State records reveal that the day care was cited for several violations involving its van in 2015. One infraction included not having an electronic child safety alarm, which is used to notify the driver that a child has been left in the vehicle. The day care was also cited for not reporting a wreck involving the van in a timely manner, and for a driver’s failure to know the number of children in her group.

A Harris County grand jury investigation into the death is pending, while the Texas Department of Family and Protective Services is conducting its own investigation. This is the third heat stroke death of a child in Texas this year.

Stephen Shapiro, known as “a superhero” among his fellow attorneys for his frequent appearances before the U.S. Supreme Court, was shot and killed in a domestic altercation Monday at his Chicago-area home, according to the Chicago Tribune.

“Shapiro’s slaying shook up legal circles from Chicago to Washington, with friends and colleagues recalling a man who had reached the apex of his profession yet maintained his modest tastes and unpretentious personality,” write reporters John Keilman and Kathy Routliffe.

Shapiro was a partner at Mayer Brown and founder and senior member of the firm’s appellate practice, according to information on the firm’s website. He argued 30 cases before the U.S. Supreme Court.

Police arrested a man in a Winnetka apartment in connection with the murder.

Read the Chicago Tribune article.

Even if the $289 verdict against Monsanto last week survives the appellate process, the plaintiff will see much of his award go the IRS because of  taxes imposed by the a new tax law involving legal fees, according to tax lawyer Robert W. Wood, a Forbes contributor.

In his article, Wood explains: “Under President Trump’s tax bill passed in late 2017, there is a new tax on litigation settlements: no deduction for legal fees. Amazingly, many legal fees simply can’t be deducted. That means [plaintiff Dewayne] Johnson must pay tax even on monies his attorney collects. That is so even though the attorney must also pay tax on the same money.”

Johnson’s suit claimed Monsanto’s Roundup weedkiller caused his cancer.

Read the Forbes article.

Bloomberg Law is reporting that a law partner who sued her firm, Proskauer Rose, for $50 million over allegations of gender discrimination and unequal pay has settled the case.

Details of the settlement between Connie Bertram and the firm weren’t disclosed.

Bertram, who headed the firm’s labor practice in Washington, sued last year, alleging she was underpaid in relation to her male colleagues and that she was excluded from projects after complaining about it, writes Stephanie Russell-Kraft.

Bertram has remained at the firm since filing the lawsuit in May 2017.

Read the Bloomberg Law article.

Joan Loughnane, former Acting Deputy United States Attorney at the United States Attorney’s Office for the Southern District of New York, will join Sidley Austin LLP’s Litigation Group in New York as a partner in its White Collar: Government Litigation & Investigations practice.

The firm said Loughnane will focus her practice on counseling and representing clients in connection with government investigations, enforcement actions, and prosecutions.

Loughnane is a litigator and counselor who joins Sidley following a 15-year career as a federal prosecutor in Manhattan, where she served in a variety of leadership positions. In addition to her time as Acting Deputy United States Attorney—the second highest position in the office, in which she oversaw more than 200 Assistant U.S. Attorneys in both the Criminal and Civil Divisions—Loughnane also served at various times as Chief Counsel to United States Attorneys Preet Bharara and Geoffrey Berman, Acting Chief of the Complex Frauds and Cybercrime Unit, Deputy Chief of the Criminal Division (during which time she was the office’s Project Safe Childhood coordinator), and Co-Chief of the General Crimes Unit.

In these roles, Loughnane helped supervise many of the U.S. Attorney’s Office’s most significant and high-profile cases in recent years in areas ranging from cybercrime to securities fraud to terrorism, the firm said in a release.

Prior to her supervisory and executive roles, Loughnane investigated and tried cases in a variety of the U.S. Attorney’s Office’s trial units, including the Securities and Commodities Fraud Task Force and the Violent Crimes Unit. During that time, she served as lead counsel on multiple federal trials, and briefed and argued numerous cases in the United States Court of Appeals for the Second Circuit

Loughnane was chosen in 2018 to receive the New York City Bar Association’s Henry L. Stimson Medal, awarded annually to outstanding Assistant U.S. Attorneys in the Southern and Eastern Districts of New York.

Loughnane received her undergraduate degree from Harvard University and her J.D. from Stanford Law School and began her legal career as a law clerk for United States District Judge Lewis A. Kaplan.

“We are delighted that Joan will be joining Sidley. Her record of accomplishment is a testament to her intelligence, judgment, and legal acumen. From her leadership at the very top of one of the most important United States Attorney’s Offices in the country, Joan has a deep understanding of how the Department of Justice makes its most significant decisions and brings a high-level insider’s perspective on, and familiarity with, the federal criminal and civil enforcement landscape in and around New York and the country at large,” said Sam Gandhi, managing partner of Sidley’s New York office. “She will strengthen our already deep bench of former prosecutors, particularly in the critical and burgeoning area of cybersecurity, where Joan brings impressive experience from her time as acting head of the Complex Frauds and Cybercrime Unit and from her involvement in some of the most significant hacking cases in recent history.”

“A number of us have known Joan for years, dating back to our time together in the U.S. Attorney’s Office, and we are very excited to welcome her to Sidley and to be able to work with her again,” said Timothy Treanor, co-leader of Sidley’s White Collar: Government Litigation & Investigations practice. “We all know Joan to be a terrific lawyer and a wonderful friend and colleague. Joan will be the fourth former prosecutor to join Sidley’s New York office from the SDNY in the last ten years, and she adds yet another valuable facet to our top-tier global enforcement and litigation practice.”

Amy M. Stewart, founding partner of Stewart Bradbury PLLC, was recently appointed as 2018-19 Division V. Director for the ABA’s Section of Litigation.

In her new role, she will oversee the work of the substantive litigation subcommittees, including Business Torts and Unfair Competition, Commercial Litigation, Employment and Labor Law, Products Liability, Mass Torts, bankruptcy, Securities Litigation.

Additionally, Stewart is the Co-Chair of the 2018 ABA Section of Litigation’s Professional Success Summit set for Houston Nov. 14-16, 2018. The Professional Success Summit is focused on providing successful litigation, trial, and business development strategies for racially diverse minority litigators.

R. Bruce Steinert Jr. has joined Perkins Coie’s Mergers & Acquisitions and Private Equity practice as a partner in the San Francisco office.

Steinert’s practice focuses on counseling private equity sponsor clients on leveraged buyout debt financing and related matters, including dividend recapitalizations, asset-based lending facilities, cross-border transactions, venture debt and ESOP financing transactions, among other areas. His clients also include debt investment funds, publicly traded companies and privately held venture, founder and private equity sponsor portfolio companies in a variety of industries.

“Bruce’s entrepreneurial spirit and willingness to roll up his sleeves and dig deep into client challenges makes him fantastic fit for our team,” said Barbara Schussman, Perkins Coie’s San Francisco Office Managing Partner. “His strong Bay Area roots will bolster our private equity and debt finance footprint in the market and provide a strong building block for the office in the foreseeable future.”

Steinert represents clients in various industries and sectors, including life sciences and medical technology, transportation and automotive, healthcare, banking and financial services, and retail and entertainment industries, the firm said in a release.

“Bruce’s unique acquisition finance experience is a perfect complement to the extensive M&A and private equity work we’re doing,” said Jeff Beuche, Chair of Perkins Coie’s Mergers & Acquisitions group. “His track record of success, deal sheet and reputation all make him an impressive and valuable addition to our team. Bruce will help us better serve our clients in the Bay Area and beyond.”

Steinert received his J.D. from Rutgers Law School and his B.A., with honors, from Rutgers University. Prior to joining Perkins Coie, Steinert was a shareholder at Greenberg Traurig and a partner at Kirkland Ellis.

Mark A. Kornfeld has joined Quarles & Brady LLP’s Litigation & Dispute Resolution Practice Group as a partner in its Tampa office.

In a release, the firm said Kornfeld is a commercial litigator with nearly 25 years of success in securities litigation, regulatory enforcement actions and complex commercial litigation, arbitration and mediation both domestically and internationally.

“I am honored to join such a talented group at Quarles & Brady and am thrilled to be joining the Tampa office,” said Kornfeld. “The firm’s rich history, diverse national platform and commitment to delivering first-class client service create the perfect synergy both for my Florida-based financial and real estate development clients and my relationships across industries.”

For nearly a decade, Kornfeld was involved in the court-appointed representation of the Securities Investor Protection Act Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC where he helped led the recovery of billions of dollars for the Fund of Customer Property distributed to thousands of victims.

Kornfeld regularly publishes on and is sought for commentary on key issues impacting the investment management and financial services industries. He was recognized in The Legal 500 United States in 2015 – 2016 and New York Metro “Super Lawyer” from 2011 – 2017. He received his Bachelor of Arts at Vassar College and his Doctor of Law at Brooklyn Law School where he graduated magna cum laude.

Bloomberg Law is reporting that Brad Kotler, a banking and finance partner, has been elected vice chair of Latham & Watkins, completing its leadership makeover following the abrupt departure of chairman William Voge over questionable contacts with a woman outside the firm.

“Kotler’s selection comes about a month after the firm chose Richard Trobman, another firm veteran, to replace Voge, who resigned earlier this year,” writes Bloomberg’s Elizabeth Olson. “Kotler will serve as vice chair along with Ora Fisher, a partner in Silicon Valley.”

Voge stepped down and resigned from the firm after admitting to inappropriate personal conduct of a “sexual nature,” the firm announced in March.

Read the Bloomberg article.

In a blog post on the website of Muse Communications, Bruce Vincent discusses two stories that are dominating headlines in politics and sports, both of which provide insights on why law firms should always be above board in their public relations efforts.

Vincent starts with an examination of the public relations headaches involving the continuing controversy over the 2016 “Trump Tower meeting.”

The other major PR story is Urban Meyer being placed on administrative leave as head coach of the Ohio State University football team.

“While it may be obvious at this point, the PR lesson provided in two examples above is simple: always tell the truth,” Vincent writes.

Read the article.

A San Francisco jury has returned a $289 million verdict against Monsanto Co., finding that the company marketed its Roundup weedkiller products for years while aware of the brand’s cancer-causing properties. Ruling in favor of former school groundskeeper Dewayne Johnson, the jury awarded $39.25 million in compensatory damages and $250 million in punitive damages, according to a post on the website of Androvett Legal Media & Marketing.

The post continues:

“Today the jury confirmed what we have known since our investigation began — that Monsanto knew Roundup contained cancer-causing ingredients and failed to take this product off the shelf and protect consumers. The company chose corporate profit and greed above humanity,” said Micah Dortch of the Potts Law Firm in Dallas. Although not involved in the just-concluded trial, the firm represents more than 100 clients currently with similar claims.

Johnson sued Monsanto in 2016, claiming the company has known of the health risks associated with its herbicides since at least the 1990s, when studies began showing a correlation between the products and lymphoma. As the company did not include a warning label on its products, he claimed he believed they were safe to use. Johnson suffers from advanced non-Hodgkin’s lymphoma that he claims was caused by the Monsanto herbicides he regularly used as part of his job.

A Tech & Sourcing blog post on the website of Morgan Lewis offers 10 framework issues to consider when in-house lawyers start thinking about how to support a business client that is looking to implement a new or replacement enterprise resource platform (or more commonly known as an ERP system).

The list, compiled by Barbara Murphy Melby and Ada Finkel, is intended to help in-house lawyers understand the objectives, parameters, and potential risk areas of a transaction.

Some of the issues discussed include key objectives, deal structure and success factors, third-party dependencies, an implementation plan, fees, key risk areas, and more.

Read the article.

Automatic renewals of consumer contracts should be used with care, particularly in light of recent changes to state automatic renewal laws and increased scrutiny from government officials and class action lawyers, warns a recent post on the website of Drinker Biddle & Reath.

The post consists of questions and answers discussed by members of Drinker Biddle’s Class Actions Team and Consumer Contracts Team provide an overview of the laws governing automatic renewals, with a particular focus on California’s ARL.

The questions include such topics as FTC Act requirements, state requirements, how to comply with every ARL, consents, cancellation rights, and more.

Read the article.

A post on Dykema’s The Firewall blog considers the question: Who bears the loss from a breach perpetrated by a data breach fraudster: the consumer whose data was compromised, the financial institution where the data was used, or the business that failed to protect the data?

The author, David B. West, writes that the answer depends on which law applies.

“While statutes require banks and their vendors to protect customers’ Personally Identifiable Information (“PII”), the obligation of other businesses to do so is not as well defined,” West explains. “Regulatory obligations to protect data vary by industry and geography.”

He also discusses relying on common law for data breach losses, recovering damages, and the need for consistent ability to recover losses.

Read the article.

In-house counsel responses to Xakia’s Legal Operations Health Check provide a quantitative look at the real state of legal operations in departments of all sizes, the company says on its website.

The responses show that legal departments are looking for matter management tools, litigation management and e-discovery tools, intellectual property management, and contract automation tools.

As for pain points, large departments “voiced discontent with their existing document management and knowledge management tools; 43 percent said their current systems don’t meet their needs, and another 14 percent admitted to not using these tools well. Only 14 percent said their department used document management and knowledge management tools ‘moderately well’ or better. (Perhaps this is solace for the 63 percent of small departments that said they do not have any document management system.)”

Read the report.

The Department of Energy has announced a final rule that will expedite the approval process for small-scale exports of natural gas, reports Cadwalader.

Special counsel Brett A. Snyder writes:

The DOE explained that the new rule is intended to accelerate its processing of small-scale export applications and reduce administrative burdens for the small-scale natural gas export market.

Effective August 24, 2018, the DOE will issue an export authorization, without public notice and comment, to an applicant submitting a complete application to export natural gas, including liquefied natural gas (“LNG”), to countries with which the United States has not entered into a free trade agreement (“FTA”) that requires national treatment for trade in natural gas and with which trade is not prohibited by U.S. law or policy (i.e., non-FTA countries), if the application meets two criteria.

Read the article.

The Washington Post is reporting that a West Virginia House panel moved this week to impeach the state’s entire Supreme Court.

Fourteen articles of impeachment allege corruption, maladministration, incompetence, neglect of duty and potential criminal behavior — impeachable offenses under the state constitution, writes Isaac Stanley-Becker.

Federal investigators secured a 23-count indictment charging former chief justice Allen H. Loughry II, now suspended without pay, with fraud, witness tampering, lying to a federal agent and obstruction of justice. Another seat on the court was vacated when Menis E. Ketchum II resigned in July, days before he was accused of federal wire fraud.

The Post report says other justices are “accused of ‘unnecessary and lavish spending’ on renovation of their offices, travel budgets and ‘regular lunches from restaurants,’ among other expenses, as well as failure to carry out administrative duties and properly develop guidelines for the use of public resources.”

Read the Post article.

The American Bar Association House of Delegates has approved a new dues structure that will result in a majority of members paying less in dues, with reductions of about $20 to more than $300.

The new dues structure will be put in place starting in September of 2019, reports the ABA Journal.

Under the new structure, there will be five price points for the basic level of dues-paying membership, ranging from $75 for new bar admittees, paralegals and lawyers through their first four years of practice, to $450 for lawyers in practice for at least 20 years.

Read the ABA Journal article.

Former Wynn Resorts Ltd. executive vice president and general counsel Kim Sinatra will receive a $1.8 million cash settlement as she leaves the company, according to the Las Vegas Review-Journal.

A Securities and Exchange Commission filing included a copy of the five-page settlement agreement as well as a 26-page employment agreement between the company and Sinatra’s successor, Ellen Whittemore, writes Richard N. Velotta.

“Whittemore, a gaming attorney with 30 years’ experience and a former shareholder in the Las Vegas law office of Brownstein Hyatt Farber Schreck, will be paid $600,000 a year, plus benefits,” according to Velotta.

Read the Review-Journal article.

NAVEX Global has published the 2018 Ethics & Compliance Training Benchmark Report to show how companies are using their training program to change employee behavior, positively impact corporate culture and decrease legal exposure.

The report, which can be downloaded at no charge, includes guidance on how to use the most important compliance training benchmarks when measuring program effectiveness.

“Your employees are your biggest asset—and your biggest risk. Poor decisions made by employees or lack of awareness around the law can expose your organization to workplace harassment fines, wage & hour violations, and international bribery and corruption charges—to name just a few,” NAVEX says on its website.

Download the report.