Image by Mike Mozart

Target Corp.’s $17 million class settlement to resolve consumer claims over a 2013 data breach passed Eighth Circuit scrutiny on its second trip to the appeals court, reports Bloomberg Law.

The court rejected an objector’s challenge that the named plaintiffs weren’t adequate representatives for the whole class because they received compensation while others didn’t, according to reporter Perry Cooper.

He explained:

“All class members had the ability to register for credit monitoring, and all of the compromised payment cards undoubtedly were canceled and replaced by the issuing banks,” Judge Bobby E. Shepherd wrote for the U.S. Court of Appeals for the Eighth Circuit.

“Any risk of future harm is therefore entirely speculative,” the court said.

Read the Bloomberg Law article.

Bloomberg Law reports that a ruling that an ex-King & Spalding associate can go to trial on a claim he was fired for raising ethics concerns highlights a critical question for law firms—how to respond to an internal ethics complaint without appearing to retaliate?

A New York federal court rejected King & Spalding’s argument that associate David Joffe clearly was terminated for bad performance and “administrative shortcomings,” and not in retaliation for reporting ethical concerns stemming from two partners’ representation of Chinese telecommunications company ZTE Corp., writes Mindy L. Rattan.

“While most associates are at-will employees, New York associates are protected from retaliation after the associate reports or threatens to report ethical concerns about others in the firm,” according to Rattan.

Read the Bloomberg Law article.

Dallas attorney Walter Thomas Finley was indicted after police said he stole $365,000 from a client, according to Dallas-Fort Worth NBC affiliate KXAS.

“The indictment came weeks after the FBI seized money from the lawyer in a separate case, according to forfeiture.gov, a government website that posts seizure notices,” writes reporter Scott Gordon.

Finley, 70, is charged with felony theft in a case involving the trust fund of an East Texas woman. The woman’s family gave Finley $416,000 in late 2012 to set up the fund and make quarterly payments to her, but he stopped after a year, according to a Highland Park police report and court records.

Read the KXAS article.

Tim Shelby, a partner in Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., or AZA, was appointed to a three-year term on the State Bar of Texas’ Oil & Gas Pattern Jury Charges Committee.

The committee updates and revises the way the law is typically presented to juries in Texas trials and members must be up-to-date on their knowledge of oil and gas law. The issues the committee researches and explains include trespass, adverse possession, lessor-lessee matters, contracts between working interest owners, defenses, and damages. The panel’s guidance is published in a book also used by energy lawyers in non-jury cases.

“This is a great opportunity. This committee works hard to ensure that participants in the oil and gas industry get proper jury questions, including updated questions necessitated by new law from Texas courts and the Texas Legislature,” Shelby said.

In a release, the firm said Shelby’s practice focuses on complex commercial litigation, oil and gas litigation, trade secret litigation, and professional liability matters. He has been recognized by The Best Lawyers in America for commercial litigation in Texas from 2015-2018. He has appeared on the Texas Super Lawyers list each year since 2014 after being selected for the companion Texas Rising Stars list starting in 2008.

Van Lindberg, San Antonio-based member in Dykema’s Intellectual Property Group, was recognized as one of the world’s pre-eminent IP practitioners in the 2018 edition of the IAM Strategy 300 – The World’s Leading IP Strategists, the firm announced. According to IAM, those listed have shown to possess world-class skills in the development and roll-out of strategies that maximize the value of patents, copyright, trademarks and other IP rights.

Each year, IAM releases its listing after conducting in-depth research after speaking to a wide range of senior corporate IP managers as well as third-party IP service providers in North America, Europe, and Asia to identify IP leaders whose business is the creation, development and deployment of strategies that enable IP owners to gain maximum value from their portfolios. Only those individuals nominated multiple times by different parties as outstanding IP strategists are included in the IAM Strategy 300.

“Intellectual property helps to drive the 21st century economy, creating strong incentives to invest in the creation and roll-out of brands and all types of content, as well as the innovation process,” says IAM editor Joff Wild. “This makes IP strategists more important than they have ever been before. Their ability to create significant value makes them indispensable, wherever in the world they operate.

“Since it was launched, the IAM Strategy 300 has become the go-to guide for those seeking to find out who leads the way when it comes to IP strategy. We invest considerable time and effort into identifying the right candidates for inclusion and we salute all those who have made it into the final publication. For the work they do, they deserve this recognition.”

NAVEX Global recently released two of its annual industry-leading benchmark reports. With data from more than 1,200 respondents, these reports provide analysis of today’s compliance challenges relating to policy management and hotline reporting.

The company says the reports illustrate how best-in-class programs are reducing legal, reputational and regulatory liability, and get expert advice to help improve a compliance program.

The reports are:

1) The 2018 Policy & Procedure Management Benchmark Report uncovered the four essential elements that the most effective policy management programs have in common. The report also showcases best practices for policy creation and distribution, how organizations ensure employees understand and adhere to policies, and how the recent DOJ advice impacts compliance programs.

2) The 2018 Hotline & Incident Management Benchmark Report shows employee complaint and misconduct reports are rising—and a surprising 44 percent of all reports are substantiated. However, cases are taking longer than ever to close, leading employees to feel unheard and be more likely to report externally—ultimately causing missed opportunities to mitigate risk and reputational damage. Get best practices from the experts to help you encourage internal reporting.

Shearman & Sterling will host the inaugural conference for leading women general counsel and chief legal officers on June 14 in the firm’s New York office.

The full-day event will include high-profile speakers from media, industry, government and non-profits, interactive presentations, and the chance to connect with colleagues who are leading and changing the legal landscape. Attendees will take away, among other things, a timely analysis of critical corporate governance and global mergers and acquisitions developments impacting public and private companies, the firm said in a release.

David Beveridge, Shearman & Sterling Senior Partner, and Donna Parisi, partner and Global Head of Finance, will deliver the opening remarks to this exclusive event.

Read details about the roundtable.

A lawsuit accusing the U.S. Department of Veterans Affairs of failing to pay overtime to nurse practitioners and physician assistants since December of 2006 has been certified as a class action, according to a web post by Androvett Legal Media & Marketing. The certification is listed as an opt-in class, opening the door for more plaintiffs.

Class representatives Stephanie Mercier, Audricia Brooks, Deborah Plageman, Jennifer Allred and Michele Gavin brought the lawsuit on behalf of nurse practitioners and physician assistants from VA facilities across the country. Attorneys estimate as many as 10,000 VA employees nationwide ultimately could be represented in the class action.

According to the lawsuit, nurse practitioners and physician assistants were required to process electronic and computer patient records after work hours using VA facility computers, laptops and sometimes their own personal home computers without compensation. The work is vital to the treatment of patients and is considered mandatory by VA supervisors.

Provost Umphrey attorneys Michael Hamilton of the firm’s Nashville office and Guy Fisher in the Beaumont, Texas, office are among the attorneys working on the lawsuit along with counsel David Cook and Clement Tsao of Cincinnati’s Cook & Logothetis, LLC, Douglas Richards of Lexington, Kentucky and Robert Stropp of Mooney Green, P.C. in Washington, D.C.

“These are medical professionals who are taking care of our veterans,” said Hamilton. “If we aren’t paying them properly, what sort of statement does that make about the importance of caring for those who watched over us and our rights?”

“Ultimately, it’s about patient care,” said Cook. “We need to do our utmost for those who have put on the uniform and defended our rights. And, we can start by properly paying the medical professionals who care for them when they need it.”

The race to top or match big law firms’ salaries for associates took on another twist as Cravath Swaine & Moore announced it will be giving senior associates a hike that brings their compensation to $340,000.

Bloomberg Law reports that figure will beat Milbank,Tweed, Hadley & McCloy’s pay for its top associates by $10,000.

Above the Law has a memo — provided by tipsters — that outlines Cravath’s compensation schedule for associate classes 2017 ($190,000) through 2010 ($340,000).

“Cravath might be late to the game, but now that it’s here, we can expect nearly every other major Biglaw firm to follow. (Sullivan & Cromwell) will be here soon. Skadden, Davis Polk, Debevoise, they’re all coming now. This is the new Biglaw associate salary,” writes Above the Law’s Elie Mystal.

Read Bloomberg Law’s article.

Read the Above the Law article.

Image by IowaPolitics.com

President Donald Trump’s long-time lawyer Michael Cohen has been telling pals he expects to be arrested soon, according to new reports Tuesday.

CNBC reports that a Vanity Fair article also quoted an ex-White House official saying that “Trump should be super worried about Michael Cohen” deciding to cooperate with federal prosecutors against the president.

“If anyone can blow up Trump, it’s him,” the source told Vanity Fair about Cohen, who is under criminal investigation by federal prosecutors in New York City.

Federal Judge Kimba Wood had given attorneys for Cohen and Trump until Monday to raise any objections they had to a special master’s findings on whether seized documents were privileged. She later rejected their request to be allowed to file their objections under seal.

Read the CNBC article.

Courthouse News Service reports that Education Secretary Betsy Devos need not provide full debt relief to more than 60,000 defrauded students, but she must stop collecting on their loans, a federal judge said in court Monday.

A proposed class of borrowers had asked U.S. Magistrate Judge Sallie Kim to revive an Obama-era policy that promised full debt forgiveness to students defrauded by the now-defunct, for profit Corinthian Colleges, according to reporter Nicholas Iovino.

Kim sided with the federal government’s position that returning to the “status quo” means delaying processing claims for debt relief, not going back to the Obama-era policy of forgiving all loan debt. She acknowledged that borrowers will still suffer harm to their credit and interest growing on their loans, even though she has ordered the government to stop collecting.

Read the CNS article.

Charles “Skip” Watson has joined Greenberg Traurig, LLP as an appellate practice shareholder in its Austin office. Watson is a member of the Texas Supreme Court Rules Advisory Committee.

“We are excited to have Skip join our Appellate Practice. He is an accomplished board certified civil appellate specialist with an exceptional track record, particularly in the Texas Supreme Court,” said Dale Wainwright, chair of the Texas Appellate Practice. “Skip’s addition reflects our continuing commitment to appellate excellence that results in critical victories. Welcoming Skip to Greenberg Traurig further supports our commitment to clients in Texas and nationwide.”

In a release, the firm said Watson focuses his practice on high-stakes appeals in Texas. For nearly two decades, he has advised the Texas Supreme Court as an appointed member of its 50-member Rules Advisory Committee. The court unanimously adopted the Standards for Appellate Conduct drafted by the State Bar Appellate Section that Watson chaired.

The firm said he joins GT shareholder Elliot H. Scherker as one of fewer than 300 appellate attorneys nationally to be elected as a fellow in the American Academy of Appellate Lawyers. Watson currently chairs the Academy’s Federal Appellate Rules Committee.

“I am looking forward to joining Greenberg Traurig’s appellate and energy practices in Austin, working alongside some of the best practitioners in the profession,” Watson said. “The firm’s highly regarded attorneys, culture of collaboration, and strong presence in Texas are important to my clients. In turn, it is my goal to utilize my experience to further grow the practice here.”

“The addition of Skip to Greenberg Traurig’s Appellate team in Texas adds another four decades of appellate experience and an accomplished track record of client successes, as well as deepening Greenberg Traurig’s energy expertise. He is a great addition to our Texas Appellate Group and our National Appellate Practice,” Scherker, co-chair of the firm’s National Appellate Practice, said.

Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., or AZA, has been recognized as one of the top patent litigation firms in Texas by London-based intellectual property magazine Intellectual Asset Management (IAM) for the fourth year.

“Litigation thoroughbred Ahmad Zavitsanos Anaipakos has successfully resolved disputes across virtually all technologies, industry sectors and forums; its lawyers’ gift for constructing tightly woven and compelling narratives works in any setting,” the magazine wrote.

According to an AZA release, IAM Patent 1000 – The World’s Leading Patent Professionals 2018 is a global guide to patent firms and lawyers. It praised AZA partners Demetrios Anaipakos and Amir Alavi as leading patent litigation lawyers, calling them “two hugely respected and unflappable advocates that you can greenlight for a billion-dollar case with 100% confidence.”

It noted that these two AZA lawyers are among the few patent lawyers to be board certified in civil trial law by the Texas Board of Legal Specialization. The magazine polls in-house counsel and other patent attorneys to develop its rankings.

“These partners can shoulder an incredible load without it being burdensome and have built a highly sophisticated group around them; the team does not stand on ceremony and everyone is happy to muck in, so clients are never left wanting,” the magazine stated.

McKool Smith has racked up some new recognition, including being named again in The National Law Journal‘s “Top 100 Verdicts” list.

The NLJ recognition represents the 18th time the firm had a top 100 verdict, more than any other law firm since the rankings began.

In a release, the firm said: “In 2002, The National Law Journal published its first annual listing of the nation’s ‘Top 100 Verdicts.’ Since that time, no law firm in the country has won more Top 100 Verdicts than McKool Smith.”

Other recent recognition includes being named Trial Group of the Year by Law360, and receiving Band 1 rankings in Chambers USA for Texas commercial litigation and Texas intellectual property.

Law360 also presented the firm its Insurance Practice Group of the Year honor.

Inn 2017, Texas Lawyer presented the firm its Litigation Department of the Year award, and Managing Intellectual Property named the firm Patent Plaintiff Firm of the Year.

McKool Smith, based in Dallas, also has offices in Houston, Austin, Marshall, Silicon Valley, New York, Washington DC, and Los Angeles.

A federal bank regulator that has fined Wells Fargo more than $500 million over its creation of unauthorized accounts and other consumer abuses has found evidence of sales practice problems at other large and midsize banks — but is refusing to name those institutions, reports the Los Angeles Times.

The Office of the Comptroller of the Currency found “bank-specific instances of accounts being opened without proof of customer consent” as part of a review of more than 40 banks spurred by the Wells Fargo scandal, according to reporter James Rufus Koren.

But an agency spokesman said the agency will not be naming the banks where it found potentially unauthorized accounts or providing details on banks’ specific conduct.

Read the LA Times article.

Reuters is reporting that a couple whose nine relatives were among the 26 people fatally shot in a Texas church massacre in November has sued the U.S. government for $50 million, saying its “institutional failures” played a part in the murders.

The lawsuit in federal court claims the U.S. Air Force acted negligently when it failed to report the criminal record of gunman Devin Kelley to a U.S. database, which could have prevented him from legally purchasing an assault rifle used in the killings, reports Jim Forsyth.

He writes that legal experts have said the Air Force would not be able to claim federal immunity in the case, but cautioned any lawsuits faced a prolonged battle.

Read the Reuters article.

A federal judge has certified a class action lawsuit involving nurse practitioners and physician assistants accusing the U.S. Department of Veterans Affairs of failing to pay overtime since 2006, according to a post on the site of Androvett Legal Media and Marketing.

Judge Elaine D. Kaplan of the U.S. Court of Federal Claims granted certification in an action brought by class representatives Stephanie Mercier, Audricia Brooks, Deborah Plageman, Jennifer Allred and Michele Gavin on behalf of nurse practitioners and physicians assistants at 85 different facilities across the country.

Provost Umphrey attorneys Michael Hamilton of the firm’s Nashville office and Guy Fisher in the Beaumont, Texas, office are among the attorneys working on the lawsuit along with counsel David Cook and Clement Tsao of Cincinnati’s Cook & Logothetis, LLC, Douglas Richards of Lexington, Kentucky and Robert Stropp of Washington DC’s Mooney Green, P.C.

“These health care professionals dedicate their time for the well-being of our veterans, and by law, are entitled to overtime when they are required to work beyond their work schedules,” said Hamilton. “We believe this lawsuit to be critical for veteran patient safety and health. To expect these employees to work extended hours without overtime pay is wrong. With the class certification, we can now proceed onto the next step in this lawsuit.”

The lawsuit seeks compensation for employees who worked overtime processing electronic and computer patient records using VA facility computers, VA laptops and sometimes personal computers, work that is critical to the medical treatment of patients. Nurse practitioners and physician assistants say the work is considered mandatory. Those who failed to complete the assignments were subject to disciplinary measures for poor time management.

“I’m grateful that the judge agreed with us and certified the lawsuit as a class action,” said Cook. “It is wrong for any employer to expect people to work for free.”

Hamilton and Cook estimate that as many 10,000 VA employees could be represented in the class action lawsuit, according to the Androvett post.

The case is Stephanie Mercier, Audricia Brooks, Deborah Plageman, Jennifer Allred, Michele Gavin v. The United States of America, No. 1:12-cv-00920 in the U.S. Court of Federal Claims.

Around half a dozen law firms have stepped up to say they will match the new $190,000 salary level for freshly minted lawyers set by Milbank, Tweed, Hadley & McCloy this week, reports Bloomberg Law, but others have been slower, or may not come forward at all, as firms try to navigate the shifting business conditions.

“Such large salary boosts can be costly, and it’s one that often is borne by the law firm. Corporations are reluctant to underwrite the six-figure salaries for lawyers straight out of law school,” explains reporter Elizabeth Olson.

She talked to James Jones, a senior fellow at Georgetown law’s Center for the Study of the Legal Profession, who agreed that clients would not be happy. Firm billing rates for the largest 100 law firms rose last year, and an across-the-board raise could indicate another hike in billing, he noted.

Read the Bloomberg Law article.

Bloomberg is reporting that Walmart Inc. sued its former chief tax officer for violating her employment agreement by defecting to online rival Amazon Inc., the latest broadside in the slugfest between the two retail giants.

Walmart, citing contractual terms, is trying to block Lisa Wadlin, Walmart’s senior vice president and top tax executive, from taking the Amazon position until May 2020 and bar her from handing over “sensitive business information obtained at Walmart.”

Reporters Jef Feeley and Matthew Boyle write that Walmart’s suit claims that Wadlin “wrongfully left the Bentonville, Arkansas-based chain last month to move to Amazon’s headquarters in Seattle, Walmart officials said Wednesday in a lawsuit.”

Read the Bloomberg article.

A former aide to embattled EPA director Scott Pruitt who has come under scrutiny for getting a significant pay bump has been hired to a position with the Oklahoma Workers’ Compensation Commission, reports KFOR-TV.

The commission voted unanimously to hire Sarah Greenwalt as the agency’s new general counsel.

“Greenwalt made headlines after she received a 52 percent raise, bringing her salary to $164,200 while at the Environmental Protection Agency before Pruitt reversed it amid public outcry,” according to the report.

Read the KFOR article.