Barnes & Thornburg LLP has added Michael Hordell in Washington, D.C., as of counsel in the firm’s Corporate Department and Federal Contracting, Procurement and National Security Practice Group.

With more than 40 years of government contracts and procurement experience, Hordell advises clients ranging from small businesses to large enterprises on a variety of government contractual issues, including proposal preparation, compliance, bid protests, contract performance and claims and mergers and acquisitions, the firm said in a release.

Having been granted a Top Secret/Sensitive Compartmented Information clearance/access from the U.S. government, Hordell is permitted to assist contractors with classified matters.

The firm said Hordell is active with companies that provide technology/software services and products; command, control and communications systems; cybersecurity products; intelligence surveillance; and reconnaissance services and products.

James Snyder has joined Sidley Austin LLP in Chicago as a partner in its Global Finance practice. He was formerly a partner at Winston & Strawn LLP.

Snyder is focused on commercial finance matters, including corporate lending transactions, acquisition finance, specialty lending and other complex investments.

In a release, the firm said Snyder has experience representing both banks and alternative lenders in senior secured and unsecured credit facilities, first-out last-out, unitranche and other one-stop financings, first and second lien transactions, mezzanine and subordinated financings, and cash flow and asset-based transactions. He has counseled both lenders and borrowers in connection with debtor-in-possession financings, bankruptcy exit facilities, workouts and restructurings. Snyder also has advised private equity firms as well as public and private corporations in debt financings and general corporate matters.

“Jamie has substantial experience advising middle market and large-cap companies across the credit spectrum, and we are pleased to welcome him to the firm,” said Craig Griffith, member of Sidley’s Executive Committee and its Global Finance practice. “He will be a key resource in guiding our clients, particularly those in the traditional banking and alternative lending spaces, through transactions within the changing global finance market.”

Snyder’s arrival follows that of Andrew Cardonick, another Global Finance partner who recently joined the firm in Chicago.

FTI Consulting, Inc. announced findings from its Technology segment’s 12th Advice from Counsel study of e-discovery, information governance (IG), privacy and security trends. The study explores how issues of data security and privacy impact in-house legal teams at Fortune 1000 corporations and reveals the top concerns and emerging best practices across three key and intersecting topics: the General Data Protection Regulation (GDPR), IG and data security and remediation.

“A clear and recurring theme is that in-house legal teams are under greater pressure to meet ever-changing and increasing data-related challenges,” said Chris Zohlen, a managing director in the Technology segment at FTI Consulting and co-author of the study. “This year’s Advice from Counsel study shares their practical advice on a range of topics, from securing executive buy-in to benchmarking against peers or auditing the security practices of service providers.”

Data privacy, security challenges and threats were top priorities for virtually every large organization around the globe. Respondents had dozens of suggestions for proactive ways to address IG and data protection, including addressing the human element and creating a culture of awareness in achieving strong security. While billions of dollars have been spent on technology to strengthen security, several participants said that they do not believe their organizations are safer than they were five years ago, because the human element has not been adequately addressed. Other organizations reported working with outside experts to focus equally on implementing technology solutions and creating a culture of awareness to address continually evolving data privacy and security challenges.

Additional key findings and takeaways in the study include:

• The investment required to ensure GDPR compliance was a top concern among the 80 percent of organizations that confirmed they will be impacted by the regulation. However, they were divided on whether they should wait to see how the regulation will be enforced before acting, vs. working to get ahead of penalties proactively.
• For those evaluating an IG strategy to better protect data, respondents agreed on the importance of seeking outside experts. They repeatedly made clear that data security is an area that is evolving quickly and teams need to work with technical experts to stay apace and handle it effectively.
• The growth of cloud storage and machine learning is making it easier for organizations to identify trends and realize monetary benefits from enterprise data. Finding the right balance between Big Data and over-preserving is a common challenge. Organizations know they are creating and saving too much data, and more than half of respondents reported successfully conducting data remediation projects. Others were hampered by limited resources, lack of engagement from cross-department teams or failure to obtain C-level buy-in to move projects forward.

“In today’s business climate, all organizations are challenged to better protect enterprise data, which is a complicated effort that requires dedicated resources across multiple departments,” said Jake Frazier, Head of the Information Governance, Privacy & Security practice and a senior managing director in the Technology segment at FTI Consulting. “Overcoming the initial barriers of securing buy-in and approval from top company leadership can be overwhelming but will make all the difference in setting projects up for success from the outset. Our clients and the respondents in the Advice from Counsel study have found that working with internal and external partners to conduct data protection assessments, identify priorities and execute a plan custom-built for the company’s risk profile are the most effective steps to address budget issues and the broader landscape of challenges.”

About the study
For the past nine years, FTI Technology has partnered with Ari Kaplan Advisors to publish the annual Advice from Counsel study, a quantitative and qualitative view into e-discovery best practices for corporate counsel. The study was conducted through phone interviews with 30 in-house lawyers at Fortune 1000 corporations with responsibilities that included some aspects of e-discovery and information governance. Of this year’s participants, 79 percent develop and implement e-discovery processes while 89 percent develop and implement information governance processes. Eighty percent of participating organizations had total annual revenues greater than $5 billion and 67 percent had over 10,000 employees. In terms of litigation events over the past 12 months, 33 percent reported managing 100 to 500 litigation events, and 33 percent reported managing more than 500 litigation events.

Next week the Supreme Court will hear oral argument on whether to reverse a 41-year-old ruling that allows states to require government employees to pay union dues even though they don’t want to be union members.

“It’s a familiar question for eight of the nine justices, who have already heard oral argument on the issue twice,” writes Amy Howe in SCOTUSblog. “The court did not resolve the issue the first time; the second time, in the wake of the death of Justice Antonin Scalia, they deadlocked. This means that the outcome in [petitioner Mark] Janus’ case could hinge on the vote of the court’s newest justice, Neil Gorsuch.”

The case, appealed by Janus, an employee of the state of Illinois, comes after the U.S. Court of Appeals for the 7th Circuit rejected his argument that the agency fee violated his rights under the First Amendment.

Read the SCOTUSblog article.

Bloomberg Law is reporting that U.S. Special Counsel Robert Mueller has extracted a guilty plea from a former associate at Skadden, Arps, Slate, Meagher & Flom who admitted in court in Washington that he misled investigators in the Russian election meddling case.

Alex van der Zwaan admitted he misled investigators about the last time he talked with Rick Gates, who was indicted in October with Paul Manafort over their consulting work in Ukraine. But van der Zwaan was the first of those who didn’t enter into a cooperation agreement with the special counsel’s office, according to Bloomberg.

He faces as long as six months in jail under advisory guidelines.

Skadden said it terminated van der Zwaan’s employment in 2017 and has been cooperating with authorities.

Read the Bloomberg Law article.

A general counsel who failed to complete his continuing education requirements, leading to his suspension from law practice in Ohio, has received a two-year stayed suspension because of his legal work for his Florida corporation, according to the ABA Journal.

Brian Allan Maciak is general counsel for TBC Corp., the parent company for Midas and National Tire & Battery Auto Centers.

Reporter Debra Cassens Weiss explains: “A hearing panel of the Ohio Board of Professional Conduct determined that Maciak engaged in the unauthorized practice of law in Florida beginning in 2009, when he first started work in the legal department of a TBC company. He was promoted to senior vice president, general counsel and secretary of TBC Corp. in 2012. Florida requires a general counsel to be a member of the Florida Bar or to be certified as an ‘authorized house counsel,’ but Maciak didn’t obtain certification until 2015.”

Read the ABA Journal article.

Dawn Knepper has joined Buchalter as a shareholder and member of the Labor & Employment Practice in the Orange County Office. Knepper joined Buchalter from Ogletree Deakins.

“We are thrilled to welcome Dawn to the firm and to our accomplished Labor and Employment Practice Group,” said Adam J. Bass, President and Chief Executive Officer of Buchalter.

Representing employers in employment law including litigation and counseling in both federal and state courts, Knepper has experience defending employers in a myriad of employment actions, including employment-related lawsuits and agency claims. Knepper’s experience includes successfully defending employers in both jury and bench trials and in arbitration proceedings including actions alleging discrimination, harassment, retaliation, and wrongful termination. Knepper advises employers concerning litigation avoidance, wage and hour laws, leaves of absence, employee discipline, hiring and termination issues, privacy claims, and other issues arising in the human resources context.

In a release, the firm said Knepper also has experience in assisting clients in planning and conducting reductions-in-force (RIFs) and multiple employee terminations, including evaluating issues and preparing materials relating to the WARN Act, the Age Discrimination in Employment Act, and the Older Workers Benefit Protection Act.

“Buchalter’s full-service platform and superior resources offered the ideal opportunity and transition for my practice. I am confident that joining Buchalter – an innovative and full service firm – will allow me to strengthen my efforts in successfully serving my client base,” said Knepper.

Knepper is a member of the Labor and Employment Law Sections of the American Bar Association, State Bar of California, and Orange County Bar Association, and the Employment Law Section of the Texas Bar Association. She is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. Knepper earned her J.D. with honors from Golden Gate University School of Law in 2000 and her B.A. from the University of Texas, Austin in 1996.

“We are pleased to welcome Dawn to our Orange County office. Her talent and experiences contribute to the unmatched team of attorneys we have here at Buchalter,” said Martin P. Florman, Orange County Office Managing Partner.

Brinks Gilson & Lione, one of the nation’s largest intellectual property law firms, recently received The Chicago Committee’s Diversity Award for Most Partners of Color in Firm Management. The award is part of a newly launched law firm recognition program by The Chicago Committee.

Firm president Gus Siller, who recently began a four-year term as Brinks’ leader, accepted the award at The Chicago Committee’s Annual Meeting on February 7, 2018. Siller is the first minority and Hispanic attorney to lead Brinks, where he has practiced intellectual property law for nearly three decades.

“We are honored to receive this award and believe it reflects the important work we are doing to build and maintain a diverse and inclusive firm,” Siller said. “It’s essential to our firm’s success and integrity that we maintain an inclusive environment in which our many talented, diverse attorneys can flourish. It remains our mission to create and impart inclusion initiatives that address the challenges facing our profession while also contributing to the growth and development of our lawyers.”

The Chicago Committee is a nonprofit, membership-based organization founded in 1987 to provide networking opportunities and support for minority lawyers working at large law firms in the city. Since the organization’s inception more than 30 years ago, it has expanded its scope to include substantive programming for its membership, their attorneys and the broader legal community.

“Brinks was one of the first firms to join The Chicago Committee, and our early support is another example of our long-held belief and core value that diversity and inclusion are essential to the fabric of our success,” Siller said. “Our firm has a history of supporting diversity and, as well as seeking it out or creating it if need be. We know diversity and inclusion are the right way forward for our firm, our clients, and the communities in which we serve. We thank The Chicago Committee for recognizing our steadfast commitment to diversity and inclusion.”

Dallas appellate attorney and specialist David Coale of Lynn, Pinker, Cox & Hurst LLP says President Trump is on track to nominate more full-time judges to the U.S. 5th Circuit Court of Appeals than any other president, according to a post on the website of Androvett Legal Media & Marketing.

Trump recently announced the nomination of Andrew Oldham as his third pick from Texas, after previously nominating to the 5th Circuit Don Willett, a Texas Supreme Court justice, and Jim Ho, a former Texas Solicitor General. Oldham is currently general counsel to Texas Gov. Greg Abbott and a former deputy state solicitor general.

Coale says the nominations could result in even more of a Republican influence on the bench for this traditionally conservative court.

Read the article.

Pamela Madere, formerly a director at Coats Rose PC, and Scott Schepps, formerly a shareholder at Fizer Beck Webster Bentley & Scroggins, have joined Jackson Walker LLP as partners. Madere will practice in the firm’s Austin office, with Schepps practicing in the Houston office.

Madere joins Jackson Walker’s Real Estate practice where she will represent clients before state and local governments. She is the Chair of the Real Estate Council of Austin and the immediate past President of the Central Texas Association of Realtors.

In a release, the firm said Madere represents owners and developers of real property before city, county, and state authorities, dealing with real estate contracts, zoning, subdivisions, site plans, development permits, development agreements, easements, condemnation, Municipal Utility Districts, environmental matters, water and wastewater regulations, and traffic issues.

Madere is an Adjunct Professor at the University of Texas Law School where she teaches a course on negotiations. She currently serves as Chair of the Real Estate Council of Austin, Past President of the Central Texas Commercial Association of Realtors, Chair Elect of the Real Estate Council of Austin, and President Elect of the Texas Association of Defense Counsel.

Schepps joins Jackson Walker’s Wealth Planning section.

The firm said his clients include closely held business owners, corporate executives, real estate developers, private equity firm principals, physicians, other attorneys, professional athletes and many others. His practice covers most aspects of wealth planning and probate, including preparation of incapacity documents, revocable and irrevocable trusts, and business succession.

A decade-long construction defect battle involving a South Padre Island, Texas, luxury condominium complex damaged during Hurricane Dolly has been resolved in a take-nothing defense win secured by attorneys of the West Mermis law firm for the general contractor, G.T. Leach Builders.

The condominium developer, Sapphire, initially sued its insurance brokers for negligence for allowing the builder’s risk insurance policy to expire, leading to claims for extensive damage to the Sapphire condominium project from the 2008 storm. Nearly three years later, G.T. Leach and several of its subcontractors were added to the $30 million lawsuit.

In a release, the firm said G.T. Leach sought to enforce the arbitration provision of its contract, with appeals ultimately progressing to the Texas Supreme Court. The company was represented by attorneys from Houston-based West Mermis, which routinely handles construction and contract disputes, products liability and general business matters.

The release continues:

The Texas Supreme Court’s decision in G.T. Leach Builders, LLC vs. Sapphire VP LP, 458 S.W.3d 502 (Tex. 2015), which sent the dispute to arbitration, stands as a landmark opinion now routinely cited in similar cases.

After settling with all other parties, Sapphire entered into arbitration with G.T. Leach in 2017. During the proceedings, the defense team, led by West Mermis name partner Lawrence J. West, provided evidence refuting multiple breach of contract claims and challenging factual allegations.

“Despite claims to the contrary, the Sapphire project had not been completed when Dolly made shore. It was imperative to show the arbitrator that our client acted reasonably and responsibly,” said Mr. West. “It was an exceptionally complex case that had endured a number of detours, but we are pleased to have secured the decisive win G.T. Leach deserved and that this chapter can finally be closed.”

Also representing G.T. Leach were West Mermis attorneys Justin W. Safady and Stephen A. Dwyer.

NAVEX Global will conduct its first-ever online master class when it presents “Addressing & Preventing Sexual Harassment.”

The complimentary, 2.5-hour event, will be Wednesday, Feb. 28, 2018, beginning at 8:30 a.m. Pacific time | 11:30 a.m. Easter time.

“With the onslaught of high-profile sexual harassment allegations and an emerging “speak-up” movement around the globe, it’s evident that ignorance and a blind-eye has plagued our culture for too long,” NAVEX says on its website. “It is imperative—now more than ever—that your organization’s leadership fully understands what defines harassment and how to address it in the workplace.”

Register for the event.

An assistant attorney general in the Department of Justice has warned that the DOJ would soon launch criminal enforcement actions against companies that have so-called “no poaching agreements” with each other, whereby they agree not to solicit one another’s employees, reports Bloomberg.

Makan Delrahim, assistant AG in the Antitrust Division, says his division has “been very active” in reviewing potential violations of the antitrust laws caused by these agreements and added that “in the coming couple of months,” the public “will see some announcements” of DOJ actions.

Writing for Bloomberg, three Seyfarth Shaw lawyers warn, “The bright line has now been drawn: Any violative anti-poaching policies after October 2016 expose employers to criminal punishment. In fact, for the DOJ Antirust Division, such enforcement actions might prove to be like shooting fish in a barrel.”

Read the Bloomberg article.

A recent written decision of the Patent Trial and Appeals Board sheds light on how the PTAB may treat common sense as used in obviousness arguments, reports Jones Day in its PTAB Litigation Blog.

Albert Liou discusses the recent case of Kranos Corporation v. Riddell, Inc., which involves the claimed invention of a sports helmet with a quick release connector for the faceguard. An important claim element was the “releasable coupler mechanism.”

“The Kranos decision teaches Petitioners to avoid relying only upon ‘common sense’ as a reason for combining references.” Liou writes. “Rather, an effective Petition should lead the PTAB to conclude that ‘common sense’ supports obviousness, after presenting the PTAB with a persuasive showing of why the elements or structure of one reference should be combined with those of another.”

Read the article.

Wolters Kluwer Legal & Regulatory U.S. announced that registration is open for a relevant and timely webinar to provide employers with practical guidance on sexual harassment policies.

The 60-minute webinar, titled “Sexual Harassment Roundtable: Practical Guidance for Employers,” will be Thursday, March 1, 2018, beginning at 1 p.m. EST.

The event will feature experts from law firms in employment and labor law.

Topics will include:

• Why sexual harassment remains a persistent workplace problem
• The types of sexual harassment allegations that can be trickiest for employers
• Pros and cons of using nondisclosure clauses in settlement agreements
• How mandatory arbitration impacts sexual harassment claims
• Best practices for preventing sexual harassment and handling allegations when they do arise

Register for the webinar.

Gibson, Dunn & Crutcher has posted an on-demand webcast that discusses what the firm has been seeing and expects to see in the future in regard to mergers and acquisitions in the oil and gas industry.

Members of Gibson Dunn’s Mergers and Acquisitions and Oil and Gas Practice Groups produced the 60-minute presentation to (1) discuss the current state of mergers and acquisitions at the corporate level (“M&A”) and acquisitions and divestitures at the asset level (“A&D”) in those segments of the energy sector comprised of upstream oil and gas, midstream oil and gas, and oilfield services; (2) identify trends in M&A and A&D in those segments; and (3) use their crystal balls to attempt to foresee what the future holds for M&A and A&D in those sectors.

Panelists are partners Michael P. Darden, Tull Florey and Justin T. Stolte. The moderator is Jeffrey A. Chapman.

Watch the on-demand webcast.

Recent technological developments like artificial intelligence (AI) are now helping companies overcome many of the challenges to contracting, points out Beverly Rich in an article posted in the Harvard Business Review.

“The use of AI contracting software has the potential to improve how all firms contract – and it will do so in three ways: by changing the tools firms use to contract, influencing the content of contracts, and affecting the processes by which firms contract,” she writes.

She adds that – right now – AI contracting tools may offer the most value to companies with large volumes of contracts by reducing time spent in review and drafting. But as the technology develops, it will one day be useful to all firms.

Read the article.

U.S. Bank, the fifth-largest commercial bank by assets in the United States, was charged by the the Justice Department on Thursday with failing to guard against illegal activity and, in at least one instance, even abetting it, reports The New York Times.

The bank is charged with severely neglecting anti-money laundering rules, helping a payday lender operate an illegal business and lying to a regulator about its plans for tracking potential criminal activity by bank customers, writes reporter Emily Flitter.

The bank settled the Justice Department charges and cases brought by other regulators by agreeing to pay various fines and penalties totaling $613 million.

Read the NY Times article.

CNBC is reporting that an expected bankruptcy filing by Remington could jeopardize a landmark class action settlement involving the company’s iconic Model 700 bolt-action rifle, according to an attorney involved in the case.

The article quotes Mark Lanier, a lead attorney for plaintiffs: “If they file for bankruptcy, it will stay all proceedings.”

Plaintiffs claim that Remington covered up a deadly design defect that allows the rifle — and a dozen similar models — to fire without the trigger being pulled. Remington denies those accusations.

“In 2014, while still maintaining the guns are safe, Remington agreed to replace the trigger mechanisms, free of charge, on millions of guns in order to settle the case. But two Model 700 owners, Richard Denney of Oklahoma and Lewis Frost of Louisiana, appealed the settlement. They argue the agreement deliberately downplays the risks from the guns, and does not do enough to notify the public,” reports Scott Cohn.

Read the CNBC article.

When Akin Gump first-year associates found out they wouldn’t be getting bonuses about two months ago, they weren’t happy. But now  the firm has responded to pressure by announcing prorated bonuses to their first-years, according to Above the Law.

“Just goes to show, if you’re unhappy about something at your firm, perhaps some pointed criticism is the way to go,” suggests Kathryn Rubino, an editor at Above the Law.

An earlier article pointed out that Akin Gump grosses $980 million a year, with profits per partner of $2,100,000.

Read the Above the Law article.