Fisher & Phillips LLP reports that a delivery driver for gig economy company DoorDash has been ordered by the 5th Circuit Court of Appeals to take his misclassification case to a private arbitrator instead of court pursuant to a valid arbitration agreement he entered into.

“The April 25 decision is a solid win for gig employers and could provide a template for how other similar businesses should structure their own arbitration agreements,” writes Richard Meneghello.

Delivery drivers for DoorDash are classified as independent contractors, but one driver filed suit, claiming wage and hour violations, and sought conditional class certification.

“If there is an agreement to arbitrate with a delegation clause…, we will consider that clause to be valid and compel arbitration. Challenges to the arbitration agreement as a whole are to be heard by the arbitrator,” the 5th Circuit said.

Read the article.

A federal district judge in Chicago has dismissed a non-compete case—at the pleading stage—finding that the non-competition covenant at issue was overbroad, as a matter of law, according to Winston & Strawn.

The firm’s post says that the judge ruled because the covenant restricted the employee from taking any position with another company that engaged in the same business as the employer, without regard to whether that position was similar to a position the employee held with the employer, or was otherwise competitive with the employer.

The case is Medix Staffing Solutions, Inc. v. Dumrauf.

Read the article.

The NRA called on a self-described “aging Jewish hippie” who doesn’t own a gun and who frequently defends drug defendants to speak at the organization’s recent annual convention — because he’s a drug attorney who understands how the nation’s Byzantine drug laws could threaten gun owners.

Gerry Goldstein said he was as surprised as anyone to receive the invitation, reports The Dallas Morning News.

Reporter David Tarrant writes that federal law could cause pot users to lose their right to carry firearms, even in states where marijuana possession is legal. And the NRA could see a natural alliance between gun rights activists and people like Goldstein.

The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives recently sent a letter to all federally licensed gun dealers, stating: “Any person who uses or is addicted to marijuana, regardless of whether his or her state has passed legislation authorizing marijuana use for medical purposes … is prohibited by federal law from possessing firearms or ammunition.”

Read the Dallas News article.

Image by Mike Mozart

AT&T’s chief executive said Friday that the company made a “serious misjudgment” to seek advice from President Trump’s personal attorney and announced that its top lobbying executive in Washington would be leaving the firm, reports The Washington Post.

AT&T chief executive Randall Stephenson wrote in a companywide internal email that hiring Cohen “was a big mistake.”

AT&T agreed to pay $600,000 to Cohen last year in exchange for advice on dealing with the Trump administration. Internal AT&T documents outlined how Cohen was expected to provide guidance on matters facing the company at the Federal Communications Commission and the Justice Department, specifically mentioning AT&T’s $85 billion Time Warner merger, according to reporter Brian Fung.

The executive who is leaving is Bob Quinn, AT&T’s senior executive vice president of external and legislative affairs.

Read the Post article.

Bloomberg is reporting that the Justice Department is considering whether to accuse Rabobank NA’s ex-Chief Executive Officer John Ryan, former general counsel Dan Weiss and its past compliance chief of obstructing U.S. bank examiners’ efforts to dig into the firm’s failures to prevent money laundering.

Reporters Jesse Hamilton and Tom Schoenberg based their report on information from two people with knowledge of the probe who asked not to be named because the investigation is ongoing.

“The potential charges could close a dark chapter for Rabobank Groep, a Netherlands banking titan with $723 billion of assets,” they write. “Thousands of miles away from its Dutch headquarters, California bank branches near the Mexican border became a pipeline for the profits of organized crime starting in 2009, according to the Justice Department. In February, the U.S. unit admitted guilt to felony conspiracy allegations and agreed to pay $369 million, including a $50 million OCC fine.”

Read the Bloomberg article.

Image by Gage Skidmore

Rudy Giuliani is leaving his job at a powerhouse law firm, citing the “pressing demands” of special counsel Robert Mueller‘s investigation into Russia’s role in the 2016 presidential election, reports The Hill.

“In light of the pressing demands of the Mueller investigation, I believe it is in everyone’s best interest that I make it a permanent resignation,” Giuliani said inn a statement. “This way, my sole concentration can be on this critically important matter for our country.”

Reporter Max Greenwood writes that Giuliani’s resignation from Greenberg Traurig signals that he may anticipate a more prolonged engagement with Mueller’s investigation than previously thought.

Read The Hill article.

Attorneys for Dallas-based Fears Nachawati Law Firm have secured a $166 million verdict against the daughter and son-in-law of a North Texas woman who was killed in 2014 for the proceeds of life insurance policies totaling $5 million.

In a release, the firm said jurors in Tarrant County’s 141st Judicial District Court determined Mark and Virginia Buckland were central figures in the conspiracy that led to the stabbing death of Anita Fox that was carried out by two members of a nomadic ethnic clan known as Irish Travellers. The multimillion-dollar verdict is believed to be among the largest in Tarrant County this year.

The release continues:

“The main concern from the start was to make sure the Bucklands would not profit from their actions,” said Fears Nachawati partner Matthew McCarley, who represented Al Fox III, Ms. Fox’s son and executor of her estate. “Thanks to the jury’s understanding that they acted willfully in putting into motion the events that led to her death, we exceeded those objectives. There is no possible way they will ever be able to get a dime from the estate. We are exceptionally proud to be able to bring that closure to Al.”

Though the couple has never been charged criminally in the murder, the jury found that they had crafted an insurance scheme in which they would be the sole beneficiaries of a series of policies, in part without the knowledge of the 69-year-old Ms. Fox.

Following the recommendation from an insurance agent, the two allowed Pat Gorman to become a third-party investor in the policies. Looking for immediate returns on his investment, Mr. Gorman and his son allegedly stalked and eventually murdered Ms. Fox inside a Colleyville, Texas, house where she worked as a housekeeper.

The case is Al Fox III, Individually and as Personal Representative of the Estate of Anita Fox v. Mark and Virginia Buckland, Cause No. 348-277914-15. Also representing Fox at trial was Fears Nachawati lawyer Brice Burris.

Corporate law attorney Brian Lidji of Lidji Dorey & Hooper has again been named to D Magazine’s list of the Best Lawyers in Dallas.

The annual recognition of the most respected lawyers in North Texas will be featured in the May 2018 edition of the magazine. Lidji earned his place on the 2018 list based on his exceptional work in mergers and acquisitions, the firm said in a release.

This marks the 13th time that Lidji has been named to the D Magazine list of Best Lawyers in Dallas.

“I’m humbled and honored to be recognized by my peers again this year,” said Lidji. “Being selected to D Magazine’s Best Lawyers list never gets old.”

Lidji has more than 30 years of experience in M&A and general corporate matters. His clients range from energy independents to consumer and technology companies. He has a portfolio of work in mergers and acquisitions, corporate governance, securities law, business law, contract negotiations and a wide variety of other business transactions, the firm said.

His work also has earned recognition from The Best Lawyers in America every year since 2006 and Texas Super Lawyers each year since the inaugural 2003 listing. He also serves on the executive board of the Southern Methodist University Dedman School of Law, his alma mater.

The full listing of Dallas’ top attorneys appears on the D Magazine website.

Nikia L. Gray has been named managing partner of Quarles & Brady LLP’s Washington, D.C. office, effective May 1, 2018.

Gray succeeds Larry P. Cote, who served in the role since 2014, and will now focus on leading the DEA Compliance & Litigation Practice Group in Washington D.C.

“Nikia is a skilled litigator whose years at Quarles & Brady have proven her to be an excellent leader committed to client service, expanding our inclusion initiatives, and supporting the overall success of the firm,” said Kimberly Leach Johnson, Firm Chair of Quarles & Brady. “I am grateful for Larry’s years of leadership and am confident that Nikia will take the blueprint that has been created and continue to grow and advance our D.C. office.”

Gray, who joined Quarles & Brady in 2007, is a partner in the Intellectual Property Group. Before beginning her private law practice, Gray worked for several years as a physicist, developing optical software solutions for the illumination industries.

“I am honored to follow in the footsteps of an exemplary leader such as Larry,” said Gray. “He is a steward of the firm in the truest sense, and I look forward to continuing the office’s upward trajectory in the ever-important D.C. market.”

Gray is actively involved in firm administration, including serving as the Washington D.C. Chair of Quarles & Brady’s Diversity & Inclusion Committee, the Washington D.C. Chair of Quarles & Brady’s Women’s Forum, and a member of the IP Litigation Client Development Committee. She was selected as a 2018 Leadership Council on Legal Diversity fellow and has been named in Southwest Super Lawyers® – Rising Stars (2014–2017: Intellectual Property), a 2012 Up & Comer by Inside Tucson Business, and a 40 Under 40 honoree by Tucson Hispanic Chamber of Commerce (2012). She received her B.A. from the University of Pennsylvania and J.D. from the University of Arizona–James E. Rogers College of Law.

Colorado state district courts recently solidified judicial recognition of the Colorado General Assembly’s delegation of primary jurisdiction to the Colorado Oil and Gas Conservation Commission over royalty underpayment disputes, according to an alert by BakerHostetler.

Two judges of the District Court for the City and County of Denver dismissed royalty underpayment lawsuits for failure to exhaust administrative remedies before the Commission.

The firm said these decisions are significant because one judge vacated his prior ruling in the same case that had denied a substantively similar motion to dismiss, and the other judge had previously denied a similar motion to dismiss in a different case.

Read the article.

Amy Boardman Hunt of Muse Communications has some suggestions about how a lawyer or firm can spread the word after they’ve been named to a best lawyers list.

In her blog post, she also discusses the pros and cons about being singled out for recognition.

The post covers some of the best ways to let others know about the honor:

• An email to colleagues, clients, and referral sources, or inclusion in the firm’s newsletter;
• Press release posted on a wire service;
• Blog post;
• Social media;
• Digital ad on a legal website, and
• Congratulations ad in the local newspaper.

Read the article.

Emily R. Lyons has joined Michael Best as an associate in the Transactional Practice Group. Lyons will be based in the firm’s Washington, D.C., office, focusing her practice on regulatory matters for the firm’s Agribusiness, Food & Beverage clients.

“Having provided regulatory and legal advice to clients across the country as counsel to IDFA, Emily brings a unique perspective and set of relationships and experiences to help us continue the expansion of our depth and breadth of practitioners serving the agriculture, food and beverage sectors,” said Dave Crass, Co-Chair of the firm’s Agribusiness and Food & Beverage Industry Team. “With the recent activities of FDA and USDA, Emily will be a great asset to our group and clients.”

In a release, the firm said Lyons has experience in complex regulatory matters including food safety, food labeling and marketing, environmental, worker safety, sustainability and organic standards. “Having grown up on a dairy farm and with a strong background in food, environmental, and safety regulation of livestock operations and food processors, Emily has an extensive understanding of the food processing business and leverages her experience to help clients navigate the complex and often changing regulatory environment. She is experienced in obtaining successful outcomes in issues that arise with the U.S. Environmental Protection Agency (EPA), U.S. Food and Drug Administration (FDA), United States Department of Agriculture (USDA), and Occupational Safety and Health Administration (OSHA),” according to the release.

“Learning how a client’s business operates is invaluable in providing quality legal advice,” said Lyons. “I’m looking forward to bringing that skill set combined with my experience as in-house counsel to a national trade association to assist farmers and food and beverage companies with their legal and regulatory compliance issues, be they international or domestic.”

Lyons will be a member of the firm’s Agribusiness and Food & Beverage industry team, whose lawyers and technical experts work with producers, food companies and processors, among other industry clients. Michael Best’s team frequently collaborates with members of Michael Best Strategies LLC, the firm’s government relations and public affairs affiliate, to provide clients a full range of strategic services regarding the regulatory and policy challenges and opportunities in these industries.

Prior to joining Michael Best, Lyons served as the director of regulatory affairs and counsel for the International Dairy Foods Association where she was responsible for working with members and government agencies on environmental, worker safety and sustainability issues, as well as food and safety defense. Lyons also managed contracts, provided statutory and regulation interpretations, and oversaw active litigation, handled in-house discovery, and monitored association activities for antitrust issues.

Lyons received her J.D., magna cum laude, from Vermont Law School where she served as the head note editor of the Vermont Law Review. She also earned her B.S., with honors, from the University of Illinois at Urbana-Champaign.

Hughes Hubbard & Reed announced that Ryan Fayhee has joined the firm as a partner and will be head of the Sanctions, Export Control and Anti-Money Laundering Group within the larger International Trade Practice.

Fayhee, a U.S. Department of Justice veteran, joins the firm from Baker McKenzie. At DOJ, Fayhee served as the National Export Control Coordinator, the principal attorney overseeing export control and sanctions investigations and prosecutions nationally.

In a release, the firm said Fayhee represents companies, boards of directors, audit committees and senior executives in internal and government facing cross-border investigations, and advises clients on compliance and acquisition due diligence with a focus on sanctions, export controls, anti-money laundering, anti-corruption and cybersecurity. Fayhee has experience assisting multinational companies facing crises and other high-profile reputational risks.

“International Trade is an increasingly important component of our transnational business,” said Ted Mayer, the Chair of Hughes Hubbard. “We think Ryan brings substantial strengths in export controls and sanctions that will prove extremely valuable to our clients on their most sophisticated issues.”

During his 11 years at the DOJ, Fayhee prosecuted cases involving export controls, sanctions, cybercrime, trade secret theft and espionage. He received recognition from the U.S. Attorney General for devising a model approach to the identification and disruption of foreign military supply and proliferation networks. Fayhee also led an investigation and prosecution of a multinational company that resulted in the largest criminal fine to date for sanctions violations.

Fayhee’s government experience also includes service as a trial attorney with the DOJ’s Civil Fraud Section, where he handled matters arising under the False Claims Act; he was also an Assistant United States Attorney in the Northern District of Illinois.

“Ryan Fayhee brings tremendous experience and a unique perspective to the complex OFAC, money laundering and cyber-related investigations and compliance matters that our clients increasingly face,” said Joanne Osendarp, Chair of Hughes Hubbard’s International Trade Practice. “We are thrilled to have him join our talented team.”

“As companies continue to confront the increasingly dynamic landscape and intense enforcement environment around sanctions, export controls and related issues affecting global supply chains, I am confident my clients will benefit from Hughes Hubbard’s platform,” said Fayhee, “and I’m looking forward to collaborating with a group of distinguished colleagues who share an absolute commitment to client service.”

Fayhee received his J.D. cum laude from Georgetown University Law Center and his B.A. from Purdue University.

Companies must shift from focusing on rules and consequences to emphasizing culture and values, according to Carolyn Frantz, Microsoft’s deputy general counsel and corporate secretary, in an article published by the National Association of Corporate Directors.

The article is available for downloading from the NACD website.

n this interview from the Strategic Asset General Counsel forum, an annual day-long event hosted by The National Association of Corporate Directors, Frantz answers these questions:

• Who presents compliance-related information to the board?
• Do you need an outsider CEO to change a company’s culture?
• What does tone-in-the middle training look like?
• What shapes culture at the bottom?
• How do you address differences in moral values as a global company?

Download the article.

A new study from BarkerGilmore confirms that female lawyers are still paid less compared to their male counterparts — and the disparity is greater for GCs.

The Global Legal Post reports on the study: “On average, female in-house counsel earn 84 per cent of what male in-house counsel earn. The gap is much larger at the general counsel level, with a 78 per cent disparity, than at managing counsel or senior counsel levels, which show 90 per cent and 89 per cent disparities respectively.”

Above the Law takes a look at overall compensation for general counsel of both genders: “As one might expect, general counsel have the largest variation — with total compensation ranging from $350K to around $900K based on company revenue. Managing counsel, those with at least one direct report who aren’t the GC, are much more consistent across companies, with comp averaging from just under $300K to around $350K.”

Read the Legal Post article.

A former client of Perkins Coie and Bracewell has filed a malpractice suit against the two firms, claiming they led it into a contract that failed to protect its interests in a deal with Morgan Stanley.

Above the Law explains that plaintiff Electron Trading wanted to license its technology for spread trading — which allows investors to buy and sell securities simultaneously in an effort to capture price difference between financial instruments — to Morgan Stanley. Electron wanted the deal to include language limiting Electron’s liability for third-party intellectual property claims and maintaining their right to sue Morgan Stanley in the event of a contract breach, writes Kathryn Rubino.

The final agreement, however, did just the opposite, Electron claims.

Read the Above the Law article.

Former Acting U.S. Attorney General Sally Yates has signed on with King & Spalding — rejoining the law firm where she began her career before her 27-year tenure in the Justice Department, reports the Atlanta Business Chronicle.

Mark Meltzer writes that Yates will be a partner in the firm’s Special Matters team and will head an independent investigations group that includes several other former government enforcement lawyers – including five former U.S. attorneys. She’ll be based in Washington and Atlanta.

Soon after he took office, President Trump fired Yates, a former U.S. attorney in Atlanta as acting attorney general after she declined to enforce Trump’s proposed travel ban. Yates told Justice Department lawyers not to make legal arguments defending Trump’s executive order on immigration and refugees.

Read the Business Journal article.

Michael Lyons and Courtney Bowline of the Texas trial law firm Deans & Lyons, LLP have secured a confidential settlement on behalf of vocalist and musician Amy Boone, who sustained life-altering injuries when she was hit by a car in a parking lot near a popular Holly Street convenience store in Austin.

In a release, the firm said the lawsuit alleged that Boone, formerly of The Damnations and now The Delines, was injured in April 2016 as she walked through a parking lot where wheel stops had been removed and replaced with picnic tables. A motorist in the parking lot mistakenly depressed the accelerator rather than the brake, causing the vehicle to crash through a picnic table and pin Boone against the side of the building.

“What Amy has endured following this incident has been remarkably difficult,” said Boone’s attorney Michael Lyons, co-founder of Deans & Lyons. “It is nothing short of a miracle that Amy survived, but her life has been profoundly altered. Our hope is that this settlement will allow her to move forward to find a new normal for her life. She remains an incredibly thoughtful and talented woman and it was a pleasure to represent her.”

Boone endured eight surgeries during an initial month-long stay in the hospital. Despite extensive additional treatment, including surgery for placement of a large skin graft, the severity of her injuries resulted in an open wound on her leg more than 15 months after the incident. Following intensive therapy, she remains unable to walk without the assistance of a cane, according to the firm.

Best known in Austin for her work with The Damnations, an alt-country band she formed with her sister Deborah Kelly in the 1990s, Boone had been touring and recording with The Delines at the time of the accident.

The case is Amy Boone v. Century Club, LLC, et al., Cause No. D-1-GN-16-005557 in Travis County District Court.

The 5th Annual Definitive Conference for Dental Service Organizations sponsored by Dykema will be at the Omni Dallas Hotel on July 18–20, 2018.

In a release, the firm said the event presents an opportunity to learn about current best practices in the areas of legal, regulatory, compliance, tax, consumer finance, billing, operations, M&A, financial reporting and other industry-specific issues. It is an immersive event for practice owners, executives, investors and in-house counsel.

“If you are new to DSOs or would like to expand or improve your current organization, this event offers solutions for various levels of your organization,” the firm said.

More information.

Jennifer L. Galloway has joined Bradley Arant Boult Cummings LLP’s Tampa office as counsel in the Banking and Financial Services Practice Group. She will serve as co-chair of the firm’s Small Dollar Lending team.

“We welcome Jennifer to our Tampa office,” said Bradley Chairman of the Board and Managing Partner Beau Grenier. “Jennifer brings deep experience in diverse financial matters, including regulatory and compliance issues, and she is a great fit for our Florida-based team of banking and financial services attorneys.”

In a release, the firm said Galloway focuses on consumer financial services laws and regulations affecting banks, non-depository banks, including small dollar lenders, and other financial institutions. Her compliance work includes assisting clients with developing, implementing and maintaining compliance management systems, performing internal compliance audits for clients, preparing clients for outside audits, and preparing related lending documents and disclosures. She also counsels financial services companies regarding Consumer Financial Protection Bureau (CFPB) preparedness, implementation and operational strategies for complying with the CFPB’s regulations. In addition, Ms. Galloway assists business with all aspects of corporate law.

Galloway received her J.D. from Stetson University College of Law, her M.B.A. from Stetson University, and her Bachelor of Business Administration from the University of Georgia.