Dallas Insurance, Litigation Firm Perry Law PC Celebrates Fifth Anniversary

Dallas-based Perry Law P.C. announced the celebration of the insurance coverage and litigation firm’s fifth anniversary, marking its successful track record since the firm’s founding by Meloney Perry in March 2013.

“I started Perry Law because I saw the need for a women-owned firm made up of strong, smart attorneys who could represent clients with a solution-driven mindset,” said Meloney Perry. “Since the launch of the firm, we have grown to a full staff of women who work and communicate efficiently to get the job done. I’m proud of this milestone and look forward to our future.”

Certified as a woman-owned business by the Women’s Business Enterprise National Council, Perry Law represents insurance carriers across the country in coverage disputes, bad faith, appeals and class action litigation, the firm said in a release.

The release continues:

“We are a diverse group of women who work well together for our clients,” said attorney Karla Roush, who has been with the firm since its inception. “Meloney has cultivated a firm culture that commands respect and collaboration among our group.”

As an author and presenter on insurance issues and the law, Perry often conducts Continuing Education seminars for clients. A well-known insurance coverage and defense attorney in Dallas with over 20 years of experience in her practice area, she is the chair of the Insurance Law Section of the State Bar of Texas, where she oversees the Journal of Texas Insurance Law.

 

 




Ex-DOJ Counsel Sentenced for Shakedown Scam with Whistleblower Files

A former corporate-fraud prosecutor guilty of out the “most serious”  public corruption by a U.S. Department of Justice attorney in years has been sentenced to two and a half years in prison on two counts of obstructing justice and one count of interstate transport of stolen property, The Washington Post reports.

The former prosecutor and former Akin Gump partner stole more than 40 whistleblower fraud cases in 2016 and tried to sell the secret information to companies under federal investigation, prosecutors said.

Reporter Spencer S. Hsu explains: “The scheme was an attempt to woo potential clients and increase his earnings and standing in his new role as a defense lawyer for one of Washington’s most influential law firms, according to prosecutors and admissions by Jeffrey Wertkin at his sentencing Wednesday.”

Read the Post article.

 

 




Berkshire’s National Indemnity Ordered to Pay $43 Million for Asbestos Settlement

Berkshire Hathaway Inc.’s National Indemnity Co. has to pay more than $43 million of Montana’s asbestos-related settlement costs, a state judge has ruled. according to a MarketWatch report.

Reporter Nicole Friedman explains: “Montana had reached a $43 million settlement in 2009 with people injured by asbestos at a vermiculite mining operation in Libby, Mont. The victims claimed the state had knowledge of unsafe conditions at the mine for decades and failed to protect workers.”

National Indemnity  provided general liability insurance to the state at the time of the alleged exposure, but it had argued those insurance policies didn’t cover the asbestos-related claims.

Read the MarketWatch report.

 

 

 




Wynn Resorts Settles Lawsuit for $2.4B Over Forced Redemption of Shares

Image by Tony webster

The Associated Press is reporting that Wynn Resorts has agreed to pay $2.4 billion in a settlement with a Tokyo casino game maker and its U.S. unit over the forced redemption of their shares in the Las Vegas-based casino operating company in 2012.

The report by Regina Garcia Cano says the company settled with Universal Entertainment Corp., which previously held an almost 20 percent stake in Wynn Resorts through its subsidiary Aruze USA Inc.

“The legal fight between the companies dates back to 2012, when Wynn Resorts pushed out Universal’s founder Kazuo Okada after finding the Japanese tycoon made improper payments to overseas gambling regulators,” she writes. “The actions by Wynn Resorts stemmed from a separate casino resort project Okada was undertaking in the Philippines.”

Wynn Resorts said it found more than three dozen instances over a three-year period in which Okada and his associates engaged in “improper activities for their own benefit.” Wynn Resorts forcibly redeemed Azure’s shares in February 2012 and issued a 10-year, $1.9 billion promissory note, leading to the lawsuit.

Read the AP article.

 

 

 




Making Sure Your Website is Compliant with State Bar of Texas Ad Rules

Making sure a firm’s website is compliant with State Bar of Texas advertising rules is just one of the many responsibilities for Texas lawyers and law firms who are launching a new site or updating an existing site, writes Bruce Vincent in a blog post for Muse Commuinications.

“Just like television or print advertisements, websites are considered advertising by the State Bar of Texas,” he explains. “That means that your site’s content must be submitted for approval to the State Bar Advertising Review Committee, which has maintained responsibility for approving and monitoring legal advertising, including websites, for more than 20 years.”

He discusses some common ad rules violations, such as misrepresenting specialization and professional honors, making unfair comparison to other firms, improperly listing verdict amounts, and including photos of non-lawyers.

Read the article.

 

 




Avoiding Prosecution Churn: When Ex Parte PTAB Appeals Make Dollars and Sense

Fitch, Even, Tabin & Flannery LLP will present a free webinar, “Avoiding Prosecution Churn: When Ex Parte PTAB Appeals Make Dollars and Sense,” featuring Fitch Even partner Thomas F. Lebens and Anticipat founder Trent Ostler.

The event will be Wednesday, March 21, 2018 , at 9 am PDT / 10 am MDT / 11 am CDT / 12 noon EDT.

During the process of acquiring patent rights through the patent application process, applicants sometimes wish to seek review of rejections by an examiner. The formal mechanism for achieving this review is an ex parte appeal to the Patent Trial and Appeals Board (PTAB). Some patent practitioners avoid the ex parte review process, viewing it as lengthy and expensive. But, data and experiences recently compiled by an AIPLA subcommittee suggest that this conventional thinking may be incorrect. It turns out that pursuing an appeal can be a more attractive option than other patent prosecution procedures.

During this webinar, presenters will explore how the AIPLA findings may provide guidance on
• When to file ex parte PTAB appeals
• How often to file these appeals
• Which issues to choose to appeal

Additional topics will include
• USPTO incentives
• Working with the examiner
• Patent term adjustment
• Pre-appeal brief reviews
• Other relevant statistics

Register for the webinar.

 

 




Negotiating a Data Processing Contract

A blog post by J. Marc Ward for Fredrikson & Byron addresses some of the risks associated with the failure to negotiate a data processing agreement, as well as tips on how to avoid common pitfalls.

The article is aimed at the banking business.

Ward addresses regulatory risks, mergers and acquisitions, and negotiating the contract.

“As products and services are added to the master agreement, do not lose sight of the big picture,” he advises. “Watch out for services with terms longer than the other services in the agreement and ensure that any added services terminate at the same time as the master agreement.”

Read the article.

 

 

 




Add One Line in Employment Contracts to Reduce Exposure to Misclassification Liability

An employee misclassification lawsuit can be difficult to dismiss early because plaintiffs are afforded great latitude in crafting factual disputes that can only be resolved at trial, points out a post in the Labor Days blog for Kelley Drye.

Special counsel Michael D. Yim offers a suggestion: one simple sentence in employment contracts, handbooks and policies for salaried employees that would likely reduce exposure by approximately two-thirds in FLSA cases.

He presents the wording of the sentence and then illustrates the  financial impact and disparity of the two calculation methods — first without the “magic words” in the agreement and then with the “magic words.”

Read the article.

 

 

 




Tips for Raising Venture Capital: Commercial Contract Issues

In a blog post, DLA Piper partner Jeff Lehrer discusses some common commercial contract issues to watch out for as your company begins contracting with third parties and looks forward to the next venture round or potential acquisition.

He points out that it is important to address the critical intellectual property rights issues that will allow the protection of an idea in the commercial market.

Among the points he discusses: consider the impact that the agreement may have on the company’s ability to pursue subsequent contracting opportunities; commercial agreements must clearly allocate ownership of IP; ensure compliance with open source licenses; and avoid being on the hook for uncapped liability.

Read the article.

 

 




Littler Adds Litigator Charles H. Wilson in Houston

Littler Mendelson has added Charles Wilson as a shareholder in its Houston office. He previously served as Vice Chair, Office Managing Partner at Cozen O’Connor’s Houston office and was a member of the labor and employment department.

“With deep roots in the region and more than 20 years of employment litigation experience, Charles is a fantastic addition to our talented team in Houston,” said Kelley Edwards, Littler’s Houston Office Managing Shareholder. “He brings an impressive track record defending clients in a range of employment-related matters and we are excited to welcome him to the firm.”

In a release, the firm said Wilson represents national and international companies in cases involving discrimination and harassment claims, wage and hour violations, whistleblowing and retaliation, workplace injury, breaches of contract and misappropriation of trade secrets, among other issues. He also counsels employers on traditional labor law matters, including collective bargaining and grievance labor arbitrations.

“Littler is known as a progressive and innovative firm with unparalleled subject matter knowledge in every area of labor and employment law,” Wilson said. “I’ve had opportunities in the past to work with many of the accomplished attorneys in Littler’s Houston office that I’m now honored to call colleagues. I look forward to leveraging the firm’s resources and extensive global platform to further expand my practice.”

The firm said Wilson’s addition is the latest in a string of attorneys who have joined Littler since the beginning of the year, including William Foster (Greenville, South Carolina), Devjani Mishra (New York), Anne LaWer (San Jose) and Bradley Schwan (Los Angeles and Orange County).

Wilson received his J.D., cum laude, from Texas Southern University-Thurgood Marshall School of Law and his B.A. from the University of Connecticut. He is board certified in labor and employment law by the Texas Board of Legal Specialization.

 

 




E-Discovery Software: A How-To Guide for In-House Legal Departments

Exterro has published a  comprehensive guide to the e-discovery software purchasing process, which can be downloaded from the company’s website at no charge.

In the guide, three in-house e-discovery experts share their experiences leading e-discovery procurement and implementation projects. Using a series of critical questions that a software purchaser must ask and answer, they explore the steps that should be taken when facing a similar challenge.

The guide includes:

  • 6 simplified steps for starting your e-discovery software buying process
  • Key insight from 3 in-house legal professionals who have already gone through and refined their buying process
  • A product agnostic, purely educational guide for successfully navigating the e-discovery software buying process

Download the guide.

 

 

 




Outside Counsel Industry Rankings: Which Biglaw Firms Are Best For Your Specific Company?

Above the Law takes a look at the law firms that are highest-rated by in-house counsel based on the industries they work in.

The report is based on Above the Law’s Outside Counsel rankings, a broad overview of the 50 firms in-house counsel trust the most when they need outside help.

Elie Mystal takes a look at the firms that were highest rated in finance and in energy. The complete report includes top 10 lists from six different industries: Consumer Products, Energy, Media/Entertainment, Life Sciences/Health Care, Finance, and Tech.

Read the Above the Law article.

 

 

 




Dead Law Firm’s Estate Can’t Collect Fees, California Court Says

The California Supreme Court has ruled that failed law firms are not entitled to fees earned on legal matters that are in progress – but not completed – at the time the firm closes its doors, reports Bloomberg Law.

“Any expectation the law firm had in continuing the legal matters cannot be deemed sufficiently strong to constitute a property interest allowing it to have an ownership stake in fees earned by its former partners, now situated at new firms, working on what was formerly the dissolved firm’s cases,” according to the court’s opinion.

Reporter Elizabeth Olson writes that the estate of bankrupt Heller Ehrman LLP “brought suit against 49 law firms to recover millions of dollars it said were owed from legal work that the firm’s former partners had taken with them to their next legal workplace. But this ruling appears to let the law firms off the hook.”

Read the Bloomberg article.

 

 




Five Ways the Senate Plans to Roll Back Regulations on Wall Street

Bank sign

Image by Mark Moz

The Washington Post is reporting that the Senate is slated to pass far-reaching legislation this week to roll back key components of financial regulations put in place after the global financial crisis.

If made into law, the legislation would weaken the Dodd-Frank Act and would free dozens of financial institutions from the strictest rules put in place by regulators after the crisis, explains reporter Renae Merle.

The bill would raise the “too big to fail” standard for troubled banks, soften capital requirement for banks, offer small banks relief from the “Volcker rule” that bars banks from making risky wagers with their own money, and offers some banks relief from some restrictions on mortgage lending. The proposed legislation, however, would not weaken the Consumer Financial Protection Bureau.

Read the Post article.




Five Steps for Directors, Execs to Stay Abreast of Technological Innovation

The National Association of Corporate Directors has published an article titled “The Innovation Era’s Implications for Boards,” which available for downloading free of charge.

The article, from NACD Directorship magazine, suggests five steps for boards and executives to become better versed in cutting-edge technologies—including combinations of new technologies—to create totally new business categories. These five steps are summarized below.

  1. Create a technology learning plan.
  2. Assess advanced technologies and their potential impact on your business.
  3. Elevate board skills and competencies.
  4. Reconsider which companies might be future competitors.
  5. Identify internal and external experts.

Download the article.

 

 




Litigator Len Wade Joins Jackson Walker

Jackson Walker announced that Len A. Wade has joined the firm as a partner in the Fort Worth office. Wade has experience as a trial lawyer, mediator, arbitrator, and judge.

“The knowledge and experience Len brings to the Fort Worth office, and to the firm as a whole, will add a whole new dynamic to our litigation practice,” said William R. Jenkins, managing partner of the Fort Worth office.

“We are excited to bring in an attorney of Len’s quality who can enhance the team, which in turn will help us better serve our clients.”

In a release, the firm said Wade’s practice focuses on complex litigation, mediation, and arbitration. He received training from the Attorney-Mediators Institute in Dallas. He is a member of the Association of Attorney-Mediators and the Commercial Panel of Neutrals for the American Arbitration Association. Prior to serving as a judge for the 141st District Court for the State of Texas from 2003 to 2009, Wade represented both plaintiffs and defendants in state and federal court litigation for 15 years.

Wade has also served as an adjunct professor at the Pepperdine University School of Law. He received an AV Preeminent rating by Martindale-Hubbell Peer Review Ratings and was also listed in the Martindale-Hubbell Bar Register of Preeminent Lawyers before his judicial election.

Wade graduated cum laude from Baylor University Law School, where he served as executive editor of the Baylor Law Review.

He joins Pamela Madere and Scott A. Schepps as Jackson Walker’s third partner hire in 2018.

 

 

 




FisherBroyles Welcomes New Partner Eric B. Meyer to Philadelphia Office

Eric B. Meyer has joined FisherBroyles, LLP’s Philadelphia office as a partner.

“Eric is an outstanding addition to the firm’s employment law and litigation practice groups,” said FisherBroyles General Counsel and Managing Partner of Litigation Joel M. Ferdinand. “Eric is a highly respected and accomplished employment lawyer and litigator who adds further strength to our established practice groups.”

In a release, the firm said Meyer is a litigator who has represented companies of all sizes in employment law claims including those involving the ADA, ADEA, CEPA, FMLA, FLSA, NJLAD, PHRA, Title VII and USERRA. His practice includes employment counseling, employee/supervisor/C-Suite training, workplace audits and investigations, and other measures to keep workplaces fully operational for conducting business.

Meyer serves as a private mediator on employment law matters, a volunteer mediator for the U.S. Equal Employment Opportunity Commission, and a court-appointed mediator in the federal court system.

Prior to joining FisherBroyles, Meyer was chair of the #SocialMedia Practice Group and a partner in the Labor and Employment Practice Group of Philadelphia-based Dilworth Paxson LLP. Meyer also is a frequent presenter across the country on HR-compliance issues, with more than 100 speaking engagements in the last six years.

Meyer writes the employment law blog, The Employer Handbook (www.theemployerhandbook.com), which the ABA Journal inducted into its Blawg100 Hall of Fame.

Meyer received his J.D. from The George Washington University Law School and his Bachelor of Arts from the University of Pennsylvania.

He is admitted to practice law in nine state and federal courts in the Mid-Atlantic region and has been recognized as a Super Lawyer or Rising Star every year since 2010.

 

 




Neal Gerber Eisenberg Adds Wesley Nissen as Partner in Corporate & Securities Group

Neal Gerber Eisenberg (NGE) has added partner Wesley “Wes” Nissen to its Corporate & Securities practice group. He previously was partner and chair of the financial services practice group at DLA Piper.

In a release, the firm said Nissen works with asset managers, single-family offices, multifamily offices, and proprietary trading firms on domestic and international mergers and acquisitions and raising venture capital. A certified public accountant, he works with registration, regulation, and compliance for securities and commodities, guides them in the formation of private investment funds and hedge funds and has been involved in a number of significant domestic and international merger and acquisition transactions in the financial services industry.

“Adding Wes to Neal Gerber Eisenberg will greatly benefit and complement our firm’s fund formation and private equity business within our Corporate & Securities practice,” said David S. Stone, Chair of the firm’s Corporate & Securities group and member of the Firm’s Executive Committee. “His ability to navigate the structural and regulatory issues that private funds and hedge funds face will significantly expand the depth and breadth of our capabilities for our hedge fund, private equity and family office clients.”

“Wes is an excellent addition to NGE with his extensive experience advising financial services and family office clients,” added Managing Partner Scott J. Fisher. “He enhances both the breadth and depth of services we can provide our clients.”

An Illinois native, Nissen received his J.D., magna cum laude, from the University of Illinois College of Law. He was recognized in 2017 by Illinois Best Lawyers as “Lawyer of the Year,” a peer-review award, in the category Private Funds/Hedge Funds Law.

 

 

 




Segal McCambridge Opens Office in Houston

Segal McCambridge Singer and Mahoney, Ltd. has opened an office in Houston, Texas with the addition of shareholder Mark Willingham, who will manage the new office.

With the Houston office, Segal McCambridge will have eight offices nationwide. The Houston office will be the firm’s second location in Texas, with the Austin office celebrating its 19th year later this year. The firm’s new office is located at 5625 Cypress Creek Pkwy.

“Expanding into Houston is consistent with our vision to continue growing the firm’s national footprint in order to effectively protect our clients’ interests throughout the country,” said Mark Crane, Segal McCambridge Managing Shareholder. “Our Houston presence will allow us to serve numerous clients across a diverse array of practice areas.”

In a release, the firm said:

New shareholder Mark Willingham comes to Segal McCambridge from Willingham, Fultz & Cougill LLP, where he served as the firm’s managing partner in Houston. For over 25 years, Willingham, a career-long trial attorney, has focused his practice on commercial and business litigation, mass tort and environmental litigation, personal injury, product liability, and construction law. He has unparalleled experience litigating a wide variety of cases in state and federal court in Texas as well as throughout the country.

“We feel extremely fortunate to be able to bring Mark Willingham on board to lead the firm’s new office in Houston.” Crane said of Willingham. “His litigation success record, outstanding reputation and strong local ties will be valuable assets to the firm as we expand in Texas.”

Willingham has litigated and coordinated intricate multi-state and federal litigation and class-action claims for companies across the country. He has acted as trial counsel, national trial counsel, national coordinating counsel, and outside general counsel in different jurisdictions throughout the nation.

“Over the course of my career, I’ve come to know many of the attorneys at Segal McCambridge and have always been impressed with the tough yet congenial way they litigate their cases and their history of success in the courtroom,” said Willingham. “Joining Segal McCambridge in Houston allows us to share resources with the common goal of further expanding the work we are already doing in Texas and across the country.”

Willingham received his J.D. from South Texas College of Law – Houston, and a BBA in Management and Finance from The University of Texas at Austin. He is a member of the Houston Chapter of Associated Builders and Contractors, Defense Research Institute, Houston Bar Association, State Bar of Texas, Texas Association of Defense Counsel, and Trucking Industry Defense Association.

 

 

 




Barnes & Thornburg Expands in California With Launch of San Diego Office

Barnes & Thornburg LLP has announced the opening of an office in San Diego headed by California attorney Troy Zander, who will serve as partner-in-charge. This is the firm’s second location in California, following the launch of the Los Angeles office in 2011, and will be temporarily located at 501 W. Broadway, Suite 800, San Diego, CA 92101.

In a release, the firm said Zander is a lender-side financing attorney with a focus on life sciences and technology, and also advises clients on traditional commercial leveraged debt financings, venture debt financings and bridge loans.

“Troy brings an extensive practice that presents exciting growth opportunities for the firm in California and nationally,” said Bob Grand, managing partner of Barnes & Thornburg. “Since opening our Los Angeles office seven years ago this month, we’ve grown our California presence to more than 50 attorneys spanning numerous practices. With establishing a San Diego office, we look forward to building on this momentum.”

Barnes & Thornburg’s expansion into San Diego creates its 14th office.

“Barnes & Thornburg’s national platform and practice mix – combined with its low cost structure and value-based approach – presents an ideal fit for my practice, particularly within California’s vibrant life sciences and tech ecosystem, and the diverse lending community that supports it,” said Zander, who joins from Cooley LLP. “Barnes & Thornburg has built a solid reputation in Southern California in a relatively short period of time, and I’m excited to extend that brand into San Diego.”

The San Diego office looks to grow in the areas of litigation, labor and employment, corporate, intellectual property and real estate. “This is just the latest example of Barnes & Thornburg seizing opportunities for strategic growth and making moves that coincide with the needs of clients in key markets,” said David Allen, managing partner of the firm’s Los Angeles office. “We’re looking forward to working with Troy on expanding our presence in Southern California.”

The release continues:

Zander is a member of the firm’s Corporate Department, where he will focus on lender-side financing. He has wide-ranging experience with middle-market financing transactions, including traditional commercial leveraged debt financings, venture debt financings and bridge loans.

Zander has represented clients, including agents, lenders and participants in credit facilities totaling over $50 billon. He also devotes a large portion of his practice to debt restructuring, and has managed over $2.5 billion in federal, state and out-of-court proceedings. In addition to managing bankruptcy and out-of-court proceedings for companies, secured and unsecured creditors, committees, trustees and asset purchasers, Zander also represents lenders in forbearances, loan restructurings, amendments and modifications.

Zander earned his J.D. from the University of California San Diego School of Law and his B.A. from the University of California San Diego. He is a member of the California Bar Association, San Diego County Bar Association and the Federal Bar Association. Zander is active in the San Diego community, having served on boards for Feeding America-San Diego, The New Children’s Museum and the San Diego Regional Economic Development Corporation.