Estes Thorne & Carr PLLC is celebrating its 10th year as one of the largest women-owned law firms in North Texas. The Dallas Business Journal has ranked the firm among North Texas’ 100 largest women-owned businesses. And for six consecutive years, the firm has made the list of Best Law Firms by U.S. News – Best Lawyers in America.

Name partners are  Dawn Estes, Jessica Thorne and Lori Carr.

In a release, the firm said its partners bring decades of big firm experience to the litigation boutique. Their varied practice includes commercial litigation, labor and employment matters, family law, construction, energy litigation, ERISA litigation, professional liability, and alternative dispute resolution. The firm also often serves as Texas local counsel.

“We seized an opportunity 10 years ago to create a firm that allowed us to unite our strengths, and we’ve never looked back,” said Estes, who was selected a Top 100 commercial litigator in Texas in 2017 by Super Lawyers. “We said we always wanted to swim in the deep end. By creating the right environment for us and our clients, we’ve never been out of our depth.”

Read the firm’s release.

The federal government challenged a judicial decision allowing AT&T to purchase Time Warner, arguing to a federal appeals court in Washington that the ruling suffered from “faulty logic” and ignored basic economic principles, according to The Washington Post.

The Justice Department asserted that the district court misunderstood the power dynamics at work when television distributors such as AT&T negotiate with TV programmers over content prices and terms, writes Brian Fung.

In its filing, the DOJ called the decision a “deeply flawed assessment of the government’s evidence.”

“It is fundamental to the economics of bargaining that a party derives leverage from having the ability to walk away, even if it never actually does so,” the Justice Department wrote.

Read the Washington Post article.

Image by Steve Jurvetson

CNBC reports that some securities lawyers said they were shocked by a tweet from Elon Musk that said Musk was mulling a take-private transaction for Tesla, his electric car company. The tweet even named a target price, $420 a share, and said financing was lined up.

Reporter Liz Moyer quotes Charles Elson, director of the John L. Weinberg Center for Corporate Governance at the University of Delaware, who told her, “I do not believe this is the appropriate way to suggest going private.”

If the content of the tweet wasn’t true, lawyers said, it could set up Musk and the company for regulatory action and private lawsuits.

Read the CNBC article.

Preliminary results from an ABA survey of 1,300 respondents from the nation’s 350 largest firms underscored the disparate challenges, stereotypes and burdens women lawyers faced compared to their male colleagues, even at the senior level, reports the ABA Journal.

One of the findings showed that 81 percent of women say they were mistaken for a lower-level employee, but this didn’t happen to men.

And 60 percent of women said they’d left firms because of caretaking commitments, compared to 46 percent of men.

 Read the ABA Journal article.

The practice of “no-poach” agreements in the fast food industry is under scrutiny with a group of Democratic state attorneys-general announcing that they are seeking information on them from eight fast food chains, reports the Wharton School of the University of Pennsylvania.

The chains include Arby’s, Burger King, Dunkin’ Donuts, Wendy’s and Panera Bread.

The legality of non-poaching agreements is suspect, and franchisors take on conveniently conflicting positions when a franchisee is treated as part of their company, said Wharton management professor Peter Cappelli.

Read the article or listen to the podcast.

Attorney Tom Schroedter with Hall Estill represented Oklahoma Industrial Energy Consumers (OIEC), an association of OG&E’s large power users, as an intervenor in Oklahoma Gas and Electric Co.’s application for Corporation Commission approval of a rate hike.

In a release, the firm said that Oklahoma Gas and Electric Company’s industrial customers will realize significant benefits from the largest single rate reduction ever awarded a state electric utility following the Oklahoma Corporation Commission’s approval of a settlement in mid-June.

The firm has offices in Tulsa, Oklahoma City, Denver, Northwest Arkansas and Oregon.

The firm’s release continues:

The commission’s order approved a settlement agreement which provides for a large rate reduction and a one-time refund to OG&E customers resulting from federal income tax law changes. Large industrial consumers will realize meaningful savings and avoid cost increases as a result of the rate case settlement. OIEC worked with the Oklahoma Attorney General’s office in advocating for and negotiating this significant decrease which results in fair and reasonable rates for OG&E customers.

“It is tremendously rewarding to work on this historic settlement which provides such substantial savings for industries and businesses across the state,” said Schroedter.

Beginning in July 2018, OG&E customers received a rate reduction of $64 million along with a one-time refund of $18.5 million that appeared as a credit on the July bill.

“We are fortunate to have outstanding attorneys like Tom who work diligently on behalf of our clients to represent the interests of Oklahoma’s industries,” said Mike Cooke, Managing Partner for Hall Estill. “Tom is a fabulous asset to our clients and brings a great depth of industry knowledge and unmatched enthusiasm to our team.”

Schroedter has practiced at Hall Estill for over 25 years and has built his legal career around Energy & Natural Resources and Utilities Law.

Peter V. Hogan and Dennis E. Raglin have joined Buchalter as shareholders in the Los Angeles office.

Hogan, a member of the Corporate Practice Group, represents middle market and emerging growth companies in initial public offerings, second offerings, mergers and acquisitions, angel and venture capital financing, 1934 Act reporting obligations, as well as the interests of broker-dealers.

As a member of the Litigation Practice Group, Dennis Raglin has more than 20 years of experience as a litigator and concentrates his practice on products liability, including medical device and pharmaceuticals, and in general and complex litigation. He also counsels and defends clients in California’s Proposition 65 right-to-know chemical warnings law, as well as state and national chemical compliance laws and regulations generally.

“I am so pleased to welcome Peter and Dennis, said President and Chief Executive Officer Adam J. Bass. “They are both accomplished attorneys who bring a wealth of knowledge and expertise to our transactional and litigation practices.”

In a release, the firm said Hogan’s clients include private early stage, middle market, and publicly traded companies from the entertainment, digital media, manufacturing, restaurant, technology industries, software, payment processing and esports. He also advises companies on corporate governance, executive employment and shareholder matters. Hogan received his J.D., from Boston College School of Law. He also earned his M.B.A. and B.A. from Boston College.

“I am thrilled to join Buchalter’s full-service Corporate Practice Group. The firm’s impressive platform allows me to offer unparalleled service to my clients and grow my practice,” said Peter Hogan.

The firm said Raglin’s clients span a range of industries, including representing clients who manufacture and distribute products that include implantable and prescription medical devices, prescription and over-the-counter pharmaceuticals, biologics, baby and toddler formula, nutritional supplements and food products, durable medical equipment, heavy equipment, automobiles, personal care goods and cosmetics, pet care products, household goods, sporting goods and water gear. He earned his J.D. from the University of California, Davis School of Law and his B.A., cum laude, from the University of California, Riverside.

“My practice fits perfectly with Buchalter’s talented and growing litigation practice and I am excited to be joining the firm. I look forward to integrating my clients and introducing them to the firm’s impressive capabilities,” added Raglin.

Roetzel & Andress LPA announced that four senior labor and employment law attorneys have joined the firm in Cleveland and Columbus, Ohio.

Joining Roetzel’s Cleveland office are Nancy A. Noall as a shareholder and Morris L. Hawk and Deirdre G. Henry, both as of counsel. Doug R. Unver joins the firm’s Columbus office as of counsel. All four previously were attorneys at Weston Hurd LLP, where Noall and Henry served in leadership roles.

“This is an exciting time of growth for our Roetzel teams in Cleveland and Columbus and we are thrilled to welcome Nancy, Morris, Deirdre and Douglas to the firm,” Roetzel Chairman Robert E. Blackham said. “Each brings veteran skills, leadership and valuable insights to help manage our clients’ needs across the entire spectrum of labor, employment and human resources issues.”

Douglas E. Spiker, shareholder-in-charge of Roetzel’s Cleveland office and manager of the firm’s Employment Services Practice Group, said, “The additions of Nancy, Morris, and Deirdre represent a significant expansion for our Cleveland office. They join our team of accomplished attorneys, many of whom have previous government and business experience that has helped them earn national rankings in a number of key legal practice areas.”

Noall served as chair of the Labor Law practice at Weston Hurd. She focuses her practice on the provision of general employment advice, particularly on the ADA, Title VII, FMLA, and FLSA. She also with traditional labor issues, including union avoidance, union negotiation, labor arbitrations, and NLRB charges. She has counseled numerous employers on these issues, including Cooper Tire & Rubber Company based in Findlay, Ohio. In a release, the firm said she manages all phases of the employment relationship for her clients, which include sole proprietorships and global manufacturing companies. In addition to counseling clients on employment law issues, Ms. Noall has litigated cases ranging from employment discrimination to wrongful discharge in multiple states throughout the country and has arbitrated grievances under union contracts in Arkansas, Kentucky, Indiana, New Jersey, and Ohio.

Noall received her J.D. from Case Western Reserve University and her Bachelor of Arts (magna cum laude) from John Carroll University.

Hawk represents privately owned and publicly held corporations in all aspects of the employment relationship, including traditional labor law and workers’ compensation. He counsels employers on day-to-day employment law issues and represents them in litigation before administrative agencies and in federal and state court. Hawk also advises employers on employee benefits issues, including drafting executive compensation agreements and assisting in compliance issues related to qualified plans. In addition to his labor and employment practice, Hawk represents businesses in commercial and construction litigation and represents two national retailers in premises liability matters in Ohio.

Hawk received his J.D. from Case Western Reserve University School of Law and his Bachelor of Arts (summa cum laude) from Ohio University.

Formerly chair of the Workers’ Compensation practice at Weston Hurd, Henry represents employers in workers’ compensation cases and cases involving violations of a specific safety requirement (VSSR). She also represents clients in matters involving employment, medical and legal malpractice, and employer intentional tort claims. Henry previously served as an Ohio Assistant Attorney General, defending the Industrial Commission and the Bureau of Worker’s Compensation.

Henry received her J.D. from the University of Toledo College of Law and her Bachelor of Science from Bowling Green State University.

Unver concentrates his practice on workers’ compensation matters. Previously, he represented public universities and agencies in workers’ compensation matters while serving as a Senior Ohio Assistant Attorney General in the office’s Workers’ Compensation Defense Unit and Workers’ Compensation Section.

Unver received his J.D. from Capital University and his Bachelor of Arts from The Ohio State University.

Lilya Tessler has joined Sidley Austin LLP as partner and New York head of Blockchain and FinTech in the Securities & Derivatives Enforcement and Regulatory group. Tessler joins Sidley from McDermott, Will & Emery, where she served as co-head of the firm’s Blockchain and FinTech group.

In a release, the firm said Tessler focuses her practice on representing digital asset trading platforms, blockchain technology companies, financial services firms, and leaders of cryptocurrency funds. Tessler advises technology companies on SEC registered and exempt blockchain token offerings, and counsels financial institutions on digital asset trading, securities issues, private placement agent and custody rule requirements, cross-border regulatory matters, money services requirements and FINRA and SEC regulatory inquiries.

“Lilya’s experience is perfectly aligned with exciting, evolving developments within the FinTech industry, and she offers clients a comprehensive approach to formulating and executing strategies to address where technology and finance meet,” said Sam Gandhi, managing partner of Sidley’s New York office. “Lilya’s capabilities and deep understanding of FinTech and related matters will further strengthen Sidley’s multidisciplinary approach to our work with clients –particularly those in the fast-developing areas of blockchain and cryptocurrencies.”

Tessler is a certified public accountant and FINRA dispute resolution arbitrator.

The overall employment rate for law school graduates in the class of 2017 rose more than one full percentage point, to 88.6 percent of graduates for whom employment status was know, according to the National Association for Law Placement.

THE NALP reported:

For the third year in a row the actual number of jobs obtained was flat or went down in virtually every sector except the largest law firms of more than 500 lawyers. Members of this class secured just 16,390 jobs in law firms of any size, down by more than 4,000 since the number of those jobs peaked for the Class of 2007. And while the largest law firms of more than 500 lawyers hired more law school graduates than at any time since the recession, the number of entry-level jobs at those firms is still off by nearly 600 positions compared with the peak hiring measured with the Class of 2008.

The study found that the national median salary for the class of 2017 was $70,000.

Read the NALP report.

Big law firms tend to be particular about which lawyers they hire, according to a report from U.S. News & World Report.

Reporter Ilana Kowarski writes:

Thomas J. Simeone, a managing partner at the personal injury law firm Simeone & Miller in the District of Columbia, who spent many years working at big law firms, says these firms typically prefer to hire alumni of elite law schools that place in the top 15 in national law school rankings. Some particularly exclusive big law firms primarily employ graduates of J.D. programs that place in the top five or top 10, and in general, grads from higher-ranked J.D. programs have better chances of finding a job at a big law firm, Simeone says.

Kowarski writes that graduates of lower-ranked law schools “often need to either achieve extraordinary law school grades or gain several years of impressive legal work experience to convince a big law firm to hire them.”

Read the U.S. News article.

During the latest National Health Care Fraud Takedown, investigators targeted Houston and Dallas to identify and charge more than 40 people with a range of fraud allegations.

How is a region designated as a health care strike force area? Former federal prosecutor and Houston trial attorney Ashlee McFarlane of Gerger Khalil & Hennessy explains in a post on the website of Androvett Legal Media & Marketing.

“Dallas is a health care strike force city, meaning the Department of Justice and federal agencies have identified Dallas (like Houston) as a hot bed for health care fraud, based on data analysis and reviewing payments of claims submitted to federal health care benefit programs like Medicare,” says McFarlane.

“Kickbacks are the foundation of almost every health care fraud case. “As a former prosecutor, I can tell you—kickbacks are the first thing agents and prosecutors look for in building an investigation.

“There’s no way to know the number of kickbacks being paid in a city. You have to start investigating a case. However, when there are providers who are outliers in the billing data, federal agents often look to see if kickback payments are used to induce referrals.”

Dallas and Houston are among 10 locations nationwide with Medicare Fraud Strike Force operations. According to the Department of Justice, a Medicare Fraud Strike Force consists of a partnership between the DOJ and Department of Health and Human Services to prevent fraud and enforce anti-fraud laws.

Bruce “Chip” Morris of Kane Russell Coleman Logan has posted a new podcast in the firm’s Energy Law Today blog about the top 10 mistakes employers can make—in the oilfield, and beyond—when drafting non-compete agreements.

Morris, a director in the firm’s Houston office, is the head of the firm’s Intellectual Property Group.

The 10 mistakes involve such areas as overbroad restrictions, choice of forum clauses, agreements that aren’t appropriate for all employees, and agreements that haven’t kept up with technology.

Listen to the podcast.

Williams Mullen partner Robert K. Cox writes in a post on the firm’s website that the answer to who decides the arbitrability of a dispute — in a case in which a contract includes an arbitration clause — requires consideration involving a multi-step inquiry.

In his article, a court resolving an arbitrability dispute first must determine who decides whether a particular dispute is arbitrable – an arbitrator or the court. Second, if the court determines that it is the proper forum to adjudicate the arbitrability of the dispute, then the court must decide whether the dispute is in fact arbitrable.

“Parties wishing to ensure resolution of ‘gateway’ questions of arbitrability by a specific decision-maker –whether the court or arbitrator –should spell out their preference as clearly as possible in the arbitration clause,” Cox writes. 

Read the article.

Above the Law reports that a new ranking of compensation of general counsel shows that each of the GCs in the top 10 made more than $3 million in 2017.

Eric Grossman of Morgan Stanley tops the list with compensation last year of nearly $7 million.

Other companies in the top 10 in GC pay include American Express Co., Twenty-First Century Fox, Walt Disney, Leucadia, CBS, Halliburton, Microsoft, HRG Group and Netflix.

Corporate Counsel created the ranking, which considered base salary, cash bonus, and nonequity incentives.

Read the Above the Law article.

Image by Ben Sutherland

JPMorgan Chase & Co. was ordered to pay $7.1 million to the widow of a deceased American Airlines executive in a ruling that largely wiped out her portion of a Dallas jury’s $8 billion verdict against the bank for mismanaging the family estate, Bloomberg reports.

The September jury award that was the highest in the U.S. for 2017, according to reporter Tom Korosec.

“Judge Brenda Thompson concluded a final judgment was proper under the circumstances and ordered the bank to pay $781,432 in actual damages; more than $5 million in lawyers’ fees; almost $1 million in exemplary damages; and more than $255,000 prejudgment interest on the actual damages,” Korosec writes.

Read the Bloomberg article.

A Cleveland lawyer who has already paid a $300,000 settlement to his former paralegal for insulting her has now been suspended from the practice of law for six months.

WKYC reports that the Ohio Board of Professional Conduct accused Howard Evan Skolnick, a lawyer since 1993, of violating professional conduct rules by “verbally harassing” the woman for more than two years. The board recommended a a six-month suspension to be held in abeyance.

But the Ohio Supreme Court issued a one-year suspension, with six months stayed on the condition that he engage in no further misconduct.

Reporter Phil Trexler wrote” “Court records show he called her “stupid, dumb, fat and `whorey’.” He also lodged insults against the woman’s husband and her mother. Records show Skolnick also sexually harassed the woman and a female co-worker by making a request for a sexual favor while inside a car.”

Read the WKYC article.

An employee invention assignment agreement is a crucial tool for protecting intellectual property, but the laws governing them contain traps for the unwary, warns Jeffrey A. Simmons in Foley & Lardner’s Labor & Employment Law Perspectives.

“If the agreement is too narrow or ambiguous, it may allow inventions to slip away. Further, if the agreement fails to include certain provisions, it may be invalid in certain states,” he explains.

Patentable inventions and copyrightable works are the most significant forms of employee-created intellectual property, but the default rules for those creations are polar opposites, Simmons writes.

Read the article.

Thomas B. Hudson of Hudson Cook writes on the firm’s website that a frequent question he encountered when speaking at industry conferences concerns whether a credit buyer can be required to buy a service contract.

In the context of auto sales, he explains, requiring a service contract in connection with the credit sale of a vehicle does not violate the federal Truth in Lending Act and Regulation Z.

“But the fact that federal disclosure laws don’t prohibit the practice doesn’t mean that the practice is not affected by them. In this case, the key to the application of federal law is the word ‘require.’ When a dealer requires a service contract in financing transactions, but not in similar cash transactions, the charge for the service contract must be treated as a finance charge, added to other finance charges and included in the APR calculation. That’s pretty basic,” Hudson writes.

Read the article.

Canopy Programs by United Educators has published “Annual Security Report: 10 Questions to Ensure Compliance,” designed to help protect educational institutions and ensure an accurate and compliant Annual Security Report (ASR) by considering 10 important questions.

“Preparing your institution’s Annual Security Report (ASR) is critical in demonstrating your school’s compliance with the Clery Act,” Canopy Programs says on its website. “Inaccuracies in the ASR—which must contain crime statistics and numerous statements of policy and procedure—and other Clery compliance deficiencies can result in review and oversight by the U.S. Department of Education (ED), fines (currently $55,907 per violation), and reputational damage.”

The publication discusses such questions as:

1. Have we requested crime statistics from local law enforcement agencies with jurisdiction over our Clery geography?
2. Is our Daily Crime Log up to date and available upon request?
3. If we are a multiple campus institution, do we publish an ASR for each campus?

Continue reading “10 Questions to Ensure Compliance.”