Langley & Banack, Inc. announced Bruce Toppin III joined the San Antonio law firm.

Toppin counsels financial institution directors, officers, and shareholders in the areas of ownership succession, executive compensation and enforcement actions. He also has experience representing both lenders and borrowers in a range of secured and unsecured debt financings, including term loans, lines of credit, government guaranteed loans, loan participations, modifications, renewals and assumptions.

Toppin holds a B.B.A. from Texas Tech University and a Juris Doctorate from St. Mary’s University School of Law. He is involved with the Texas Association of Bank Counsel and Independent Bankers Association of Texas.

Dallas-based litigation boutique Bailey Brauer PLLC announces the recent hiring of associate Adam Bell, along with the addition last year of veteran business litigator Gary Powell.

“From the beginning, Bailey Brauer has been dedicated to providing aggressive, creative legal solutions to clients who expect sophisticated representation, and that is not something we will compromise just for the sake of growth,” firm co-founder Alex Brauer says. “We feel confident that Adam and Gary fit that focus in a way that will add tremendous value for our clients.”

In a release, the firm said Powell, who joined Bailey Brauer as of counsel from Locke Lord LLP, represents clients at the federal, state and appellate levels on matters involving contracts, business torts, real estate, fiduciary duty claims, lease disputes, agency contracts, tortious interference, insurance coverage disputes, and deceptive trade practices. His expertise includes franchise, distribution, telecommunications, and uniform commercial code litigation.

Bell represents companies and individuals in complex commercial litigation and government investigations, and also assists clients in regulatory and transactional reviews. He joins Bailey Brauer from Amarillo-based Brown & Fortunato, P.C.

“We are excited to welcome lawyers of this caliber,” said firm co-founder Clayton Bailey. “Both Gary and Adam are exceptional litigators who are also fine trial and appellate attorneys.”

A recent ruling  is a powerful reminder that the broad freedom of contract that Delaware law accords entities such as LLCs offers both the promise of great latitude to contracting parties and the threat of serious pitfalls for parties that fail to carefully protect their interests in the agreement, according to a post on the website of Cadwalader, Wickersham & Taft.

The decision also underscores the limits on an implied covenant breach claim under Delaware law.

The authors offer some takeaways from the ruling, discussing in detail:

• The implied covenant of good faith and fair dealing as applied in Delaware does not operate to rewrite contract simply because regretful plaintiffs wished they had negotiated a better or different deal
• The negotiated, mutual waiver of fiduciary duties narrows the already slim chance a Delaware court will apply the implied covenant of good faith and fair dealing
• Waiver of fiduciary duties, conditioned on a sale to an unaffiliated third party, granted the board unfettered discretion to determine the marketing and structure of the company’s sale
• Plaintiffs offered no reason to believe defendants’ conduct frustrated their reasonable expectations
• The court highlighted certain conduct that may be sufficiently egregious to implicate the implied covenant in similar situations

Read the article.

An agreement between two parties involved in an international contract may involve a mechanism, known as the “home country” provision, that provides that the party initiating arbitration must sue the other party in its home country.

A post of the website of Skadden, Arps, Slate, Meagher & Flom explains that “proponents of such clauses say they provide a disincentive to elevate disputes because a party will be reluctant to go to the other side’s home country. Though they are not widely used in large transactions (and are not recommended in arbitral literature or by arbitral institutions), they are occasionally present.”

The authors discuss two cases that illustrate that “home country” arbitration clauses may prove cumbersome to administer in practice and may result in unintended consequences for the parties.

Read the article.

By Eric Begun
King & Fisher Law Group

As confirmed in a very recent Wall Street Journal article, the legal impacts and effects of using emojis and emoticons in business and workplace communications and dealings are growing. For attorneys, contract professionals, and business executives and teams discussing, negotiating, and communicating about technology, business, deals, and transactions, the use of emojis (pictographs) and emoticons (punctuation marks, letters, and numbers) should be a concern.

Depending on the circumstances, using an emoji or emoticon to respond to another party’s email or message may have the same effect as if precisely crafted words had been used. Unless the author of the email or message is careful, casually sending a 👍, :-), 👌, or ☺ in response to an email putting forth a proposal or offer to do business may be the same as stating, “I agree to your terms.” At a minimum, replying to a message with an emoji may convey contractual intent. Bottom line, before using emojis or emoticons in emails and other communications, it is critical to consider how they may be received or interpreted.

The use of emojis clearly is on the rise. In its November 2016 report, Emogi reported that 2.3 trillion messages incorporating an emoji would be sent in 2016 – and the report did not include the use of emojis in emails. In addition, the Unicode Consortium recently announced that 157 new emojis have been added in 2018, bringing the total number of standard emojis to 2,823. As more of the business world adopts technology to communicate, it becomes more important for business leaders, procurement and purchasing professionals, and others to be mindful of their use of emojis and emoticons in emails, texts, and other message formats. To those businesses and companies that have “careful communications” policies, has your policy been updated to address the use of emojis?

Aside from general contract concerns, the use of emojis has and will increasingly impact parties’ legal rights and obligations. This includes in the areas of labor and employment, promissory estoppel, jury instructions, and criminal cases. According to research by Santa Clara University law professor Eric Goldman, for the set of reported cases that he was able to identify as mentioning “emoji” or “emoticon” over the 2004-2016 period, over 30% of the cases were from 2016, and nearly 50 were from 2015 and 2016.

And, if you needed another reason to be overly cautious when using emojis and emoticons in correspondence and communications, be aware that the true meaning attributed to any particular emoji may be vague, at best, or non-existent, at worst. Moreover, the form and appearance of the emoji you send may not be the same as the form and appearance seen by the recipient. In addition, different cultures, generations, and geographic regions interpret emojis differently. (The most confusing emoji? It’s 🤗.)

The reality is that emojis are easy to use and can be fun and communicative. They are, and will continue to be, used in emails, texts, and communications between and among business parties, their advisors, and others. Just be sure to 👀 before you 🏃.

Jackson Walker announces the election of six attorneys to its partnership. The new partners in each city are:

• Austin – Emilio Nicolas
• Dallas – Pete Hyndman
• Houston – Jamila Brinson, Luke Gilman, William Stowe
• San Antonio – George Hinchey

In a release, the firm said:

Jamila Brinson is a labor and employment and litigation attorney who partners with clients to prevent and resolve employee and litigation disputes. She is a zealous advocate for her clients; from labor and employment disputes to commercial disputes to media, trademark and copyright litigation, Jamila listens to her clients and creates legal strategies to obtain the best possible result. She is also certified by the State Bar of Texas as a Guardian Ad Litem and volunteers through Houston Volunteer Lawyers on behalf of parents seeking guardianship of an incapacitated adult child. Prior to obtaining her J.D. from the University of Houston Law Center, Jamila served two years as a United States Peace Corps Volunteer.

Trial and appellate attorney Luke Gilman focuses his practice on litigation and arbitration with an emphasis on technology and media-related disputes and internal investigations. Luke has developed particular areas of expertise in First Amendment and defamation litigation, international and domestic arbitration, and technology-related disputes and investigations, in addition to a general commercial and contract litigation practice. Luke received his J.D. from the University of Houston Law Center, where he was selected to the Order of the Barristers, received a Distinguished Service Award from the faculty, and served on the Houston Law Review. Prior to law school, Luke worked for eight years working in the field of information technology. He is a Fellow of the Texas Bar Foundation and serves on the Board of the Hispanic Bar Association of Houston (HisBA).

George Hinchey’s practice focuses on real estate, with his experience revolving around acquiring and disposing of office buildings and commercial retail centers, developing commercial retail centers, and representing landlords leasing and ground leasing to commercial tenants. George has been recognized by Thomson Reuters as a Rising Star and by S.A. Scene as a Best Lawyer, which made him one of the youngest real estate lawyers in San Antonio to receive that recognition. He is a Fellow of the Texas Bar Foundation and a Las Casas Foundation Board Member and Director.

Pete Hyndman is a transactional attorney whose practice areas include corporate and securities and mergers and acquisitions. Pete advises clients on the strategic and legal implications of internal entity governance and structuring, significant business transactions and contracts, and legal compliance. His knowledge and client base span industries such as energy, healthcare, and technology. Pete received his J.D. from the University of Texas School of Law and served as an editor at the Texas Review of Entertainment and Sports Law.

Emilio Nicolas is an experienced content and information attorney. His practice includes entertainment, media, technology, and intellectual property litigation and transactional work, with a particular emphasis on copyright, trademark, and privacy law. When Emilio is not advocating for his clients and their intellectual property and business rights in court, he is representing and counseling his clients on their intellectual property and media rights management, clearance, and licensing matters, their entertainment and media industry transactions, and their internet privacy and compliance matters. He has been named a Rising Star by Thomson Reuters. He is also a Trustee of the Copyright Society of the USA, a subcommittee co-chair for the ABA Intellectual Property Litigation Committee, and a Fellow of the Texas Bar Foundation.

Trial lawyer William Stowe concentrates on commercial litigation matters involving complex contract disputes, business torts, government procurement, and health care litigation. William represents clients in a wide array of business disputes and has extensive experience representing clients in matters involving government contracts, having defended or prosecuted bid protest actions in nearly a dozen states and at the federal level. He also has far-reaching experience with, and knowledge of, federal and state open records laws. He is a Fellow of the Texas Bar Foundation, a member of the Houston Bar Association’s Law and Media Committee, and a member of the Bar Association for the Fifth Federal Circuit. William has been admitted to the United States Court of Appeals for the Fifth Circuit as well as the United States District Courts for the Eastern and Southern Districts of Texas. William is also an Eagle Scout.

Perkins Coie announced that Devin P. McComb has joined the firm’s Seattle office as a partner in the Real Estate & Land Use practice.

In a release, the firm said McComb’s practice includes transactional real estate law, with a primary focus on the acquisition, disposition, financing, leasing and development of commercial, industrial and agricultural properties. He counsels landlords and tenants on leasing transactions for office, warehouse, industrial, retail and medical spaces, with substantial experience in developing and standardizing leasing programs for owners of a variety of asset classes. The industries with which McComb works vary from affordable housing developers in and around the Pacific Northwest to purchasers of healthcare facilities and medical office buildings throughout the country.

“Devin is an exceptional real estate attorney and well-regarded in the Puget Sound area, where there is always a number of significant real estate projects underway,” said Mark Birnbaum, Chair of Perkins Coie’s Real Estate & Land Use Practice. “His proven aptitude, judgment and knowledge representing owners, lessors and investors comes from his substantial transactional experience in the real estate market. We’re delighted to welcome him to the firm.”

The firm said McComb has coordinated the legal team on behalf of a municipal port district in a 65-acre mixed-use development that will include apartments and other housing, a hotel, offices, retail spaces, restaurants and marine sales and service businesses. He also has led teams and created unique approaches for pension fund management groups and investors to maximize their processes for acquiring and leasing office and retail spaces. McComb  also provides real estate due diligence counsel in the context of major mergers, acquisitions and other business transactions.

He joins the firm from Stoel Rives LLP, where he was a partner. He earned his J.D. with honors from the Chicago-Kent College of Law and received his B.A. from Willamette University.

“The Seattle marketplace and surrounding areas continue to be one of the fastest-growing real estate markets in the country,” said James Williams, Perkins Coie’s Seattle office managing partner. “The addition of Devin adds considerable depth to our strong bench of knowledgeable real estate attorneys and helps us better serve our clients’ needs.”

Littler, with an employment and labor law practice representing management, has launched the Littler Pay Equity Assessment, which the firm says provides an analysis that assesses litigation risk and points towards solutions.

According to the U.S. Census Bureau, women are still paid 80 cents for every dollar paid to men, and the gap is even greater for African American and Hispanic women, Littler says in a release. As concerns about pay inequality continue to intensify – bringing new legal and reputational risks for employers – Littler’s platform provides a means of identifying pay disparities for people performing similar work under similar circumstances and proactively fixing them using tested legal strategies. Organizations can access the results of the assessment in a user-friendly dashboard that provides deep and concise examinations of compensation data in a privileged context.

The release continues:

“Having been at the forefront of every development in labor and employment law for the last 75 years, expanding our data-driven approach to address the complicated and important issue of pay equity was a natural evolution,” said Tom Bender and Jeremy Roth, co-managing directors of Littler, in a joint statement. “Not only does this new resource deepen our data analytics capabilities, it expands our commitment to improving diversity and equality in the workplace. By combining innovative technology with our deep experience counseling employers, we can help clients uncover issues they might not have known about and identify causes and possible solutions.”

The Littler Pay Equity Assessment measures compensation differences between demographic groups, identifies those that are statistically significant, and determines the extent to which these differences reflect legitimate business considerations. In a privileged context, Littler can also assist employers with crucial steps for a defensible audit and create a record of the criteria that drives a company’s compensation system and legitimate distinctions among employees that explain any disparities. This information helps human resources departments respond to questions from employees and creates an evidentiary record in the event of future litigation.

“The plaintiffs’ bar is increasingly targeting employers with class action lawsuits focused on fair pay, and state and local governments continue to adopt and expand pay equity laws,” said Denise Visconti, a shareholder and member of the firm’s Wage & Hour Practice Group, who is leading the Littler Pay Equity Assessment. “Proactively addressing this issue on a state specific basis can help lessen the risk of costly litigation and negative publicity that impacts employee morale and customer relationships. But it’s also the right thing to do and gives companies a competitive advantage by demonstrating their commitment to paying employees fairly.”

Kai Haakon Liekefett has joined the Sidley Austin LLP’s New York office as a partner in its M&A group. Liekefett will lead Sidley’s shareholder activism practice in New York.

Liekefett was formerly with Vinson & Elkins LLP, where he founded and led its shareholder activism practice.

In a release, the firm said Liekefett has more than 15 years of experience practicing in corporate law in New York, London, Germany, Hong Kong and Tokyo. His practice focuses on shareholder activism, in particular on proxy contests. He has worked on director-election contests, withhold-the-vote campaigns, shareholder opposition to M&A transactions, and other activism campaigns. In the last two years alone, Liekefett has been involved in more than 20 proxy contests, the firm said.

“Shareholder activism is at record levels, both here in the U.S. and worldwide,” said Scott Freeman, co-leader of Sidley’s global M&A and Private Equity groups. “Kai’s extensive experience advising large and small-cap companies as well as investors on these matters will be a great resource to our clients.”

Segal McCambridge Singer and Mahoney, Ltd. announced the promotion of Dinesh Dadlani from of counsel attorney to shareholder. The firm has also named Dadlani the managing shareholder of the firm’s Jersey City office.

Dadlani has practiced in Segal McCambridge’s Jersey City office since 2008 when he joined the firm as an associate with litigation experience.

“My tenure with Segal McCambridge has prepared me for my new role as Managing Shareholder of the firm’s Jersey City office,” said Dadlani. “Because of my tenure, I take on this role with an immediate understanding of the firm’s client-focused, result-driven thought-leadership, and I expect there to be a seamless transition as I step into this position.”

In a release, the firm said Dadlani has worked on the defense of corporations, including construction companies and a bi-state municipal agency in personal injury and commercial litigation matters. In addition, he has defended manufacturers and distributors in asbestos litigation and property owners and contractors in property contamination matters. Dadlani has experience in the labor and employment sector, representing transportation manufacturers in personal injury and employment matters.

“Dinesh is an outstanding attorney who has established himself as a strong leader and is a consummate team player. He is vested in the progression and growth of the firm as a whole and the Jersey City practice specifically,” said Mark Crane, managing shareholder of the firm’s Chicago office.

Dadlani  also has counseled and defended clients in arbitration, mediation and administrative hearings.

He received his J.D. from Widener University School of Law and his B.A. in Political Science from the University of Delaware. He is active in the Jersey City professional community, serving on the Hudson County Civil Practice Committee of the Hudson County Bar Association, and is also a member of the Hudson County Ethics Committee. Dadlani is currently a member of Segal McCambridge’s firm-wide Diversity Committee.

Dykema announced that its Executive Board elected 12 new members to the firm effective January 1, 2018. Dykema’s new partners, their resident office and practice descriptions are:

Maria A. Diakoumakis – Bankruptcy, Chicago
Diakoumakis has represented secured creditors, landlords, equipment lessors, indenture trustees, Chapter 11 trustees, unsecured creditors, and liquidating trustees in all aspects of corporate restructuring matters, including chapter 7, 11 and 13 proceedings, out-of-court workouts, and assignments for the benefit of creditors. She regularly represents secured lenders and mortgage servicers in a wide range of bankruptcy litigation matters, and in cash-collateral, relief from stay, and plan confirmation proceedings. Diakoumakis has successfully defended multimillion dollar preference and fraudulent transfer lawsuits on behalf of creditors in various industries in multiple jurisdictions throughout the nation.

She earned a J.D., cum laude, from the John Marshall Law School, and a B.S., with highest honors, from DePaul University.

Larissa Sanchez Fields – Commercial Litigation, San Antonio
Fields primarily represents insurance companies in coverage disputes and high-exposure bad faith cases arising from catastrophic weather events. She shares in the management of a broad docket of hurricane, hail, and windstorm litigation all over Texas. She serves as trial counsel in insurance bad faith cases, and also has extensive experience representing clients in the financial services and real estate industries. She regularly advises financial institution clients on a wide variety of litigation matters including those involving trusts, accounts, and probate matters. Fields is also a military spouse and spends much of her time advocating for licensing accommodations for military spouse attorneys throughout the United States.

She earned a J.D. from the Tulane University Law School, and a B.B.A. from The University of Texas at Austin.

Anthony J. Frasca – Taxation & Estates, Ann Arbor
Frasca focuses his practice on sophisticated estate and business succession planning for high net-worth individuals and families, with an emphasis on tax-efficient planning and philanthropic giving, and on assisting tax-exempt organizations, including with respect to nonprofit formation, governance, and various tax-related issues. He also assists individuals with the creation and implementation of complex estate plans for the purpose of achieving both tax and non-tax objectives.

Frasca earned a J.D., cum laude, from the University of Michigan Law School, and a B.A., magna cum laude, from the University of Dayton.

Melanie L. Fry – Commercial Litigation, San Antonio
Fry’s practice focuses on appellate law. She has briefed and won cases in the Texas Courts of Appeals, the Supreme Court of Texas, the United States Court of Appeals for the Fifth Circuit, and the Supreme Court of the United States. In addition, Fry regularly handles case-dispositive motions and jury charges. Her experience includes high-stakes matters such as personal injury and product defects, contract and business tort claims, consumer financial services disputes, and oil and gas law.

Fry earned a J.D., cum laude, from Baylor University School of Law, and a B.A., summa cum laude, from Abilene Christian University.

Noah S. Hurwitz – Labor & Employment, Ann Arbor
Hurwitz is a labor and employment attorney with experience managing complex disputes in an array of practice areas. In addition to defending employment cases and counseling clients regarding state and federal employment laws, Hurwitz advises clients on drafting employment agreements containing restrictive covenants and non-disclosure provisions regarding confidential and proprietary information. He also litigates disputes involving trade secrets and breaches of contract, with additional expertise in eDiscovery and data protection. Hurwitz has successfully argued appeals before the Michigan Court of Appeals and the United States Court of Appeals for the Sixth Circuit.

Hurwitz earned a J.D., cum laude, from the Loyola University Chicago School of Law, and a B.A. from the James Madison College at Michigan State University.

Courtney F. Kissel – Government Policy, Bloomfield Hills
Kissel’s practice primarily focuses on state constitutional law, insurance law, Indian law, election law, and public utility law. Kissel has represented a number of universities in relation to a variety of constitutional issues, including issues related to university funding, constitutional autonomy, and academic freedom. She has also represented a variety of clients in analyzing issues under the Open Meetings Act and the Freedom of Information Act, including applicability and compliance issues. In addition, Kissel has acted as a special attorney general to the State of Michigan on several projects as well as advised the Governors of the State of Wisconsin and the State of Indiana on different issues related to State-Tribal relations and federal Indian law.

She earned a J.D., magna cum laude, from the University of Wisconsin Law School, and an A.B., with highest distinction, from the University of Michigan.

Van Lindberg – Intellectual Property, San Antonio
Lindberg focuses his practice on the intersection of technology and law, with particular experience in the area of open source, with extensive work addressing the legal, economic, and social aspects of engaging with open source communities. He is the author of the book “Intellectual Property and Open Source” and helps businesses with everything from open source compliance to business strategy. In 2012, he was named one of “America’s Top 12 Techiest Attorneys” by the American Bar Association Journal. Outside of open source, Lindberg represents companies in high-stakes IP litigation and inter partes review proceedings before the Patent Trial and Appeal Board.

He earned a J.D. and a B.S. from Brigham Young University.

Elisa J. Lintemuth – Labor & Employment, Grand Rapids
Lintemuth’s practice focuses on litigation, with an emphasis on employment litigation, commercial litigation, and ERISA litigation. She is experienced in successfully resolving disputes in both state and federal courts and in administrative proceedings before the EEOC and Michigan Department of Civil Rights. In ERISA litigation matters, Lintemuth has successfully defended challenges to ERISA plan administrators’ and claims fiduciaries’ decisions regarding life, health, and disability benefits. In addition, she regularly counsels and trains employers regarding their obligations under state and federal employment laws, including the Americans with Disabilities Act, the Family and Medical Leave Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act, and the Michigan Elliott-Larsen Civil Rights Act.

Lintemuth is a member of the Board of Directors of the Frederik Meijer Gardens & Sculpture Park. She received her J.D., summa cum laude, from Michigan State University College of Law and her B.A., summa cum laude, from Denison University.

Jeana R. Long – Financial Services Litigation, McAllen
Long primarily represents lenders in lawsuits against borrowers and guarantors in courts throughout Texas and in arbitration proceedings. She also represents lenders in defensive lawsuits. Long has extensive experience representing both secured and unsecured creditors in bankruptcy cases, including contested matters and adversary proceedings. Recognizing the importance of client education, she regularly hosts CLE and educational seminars for clients and potential clients covering a wide range of topics, including general collection litigation, collection in probate, bankruptcy for lenders and foreclosure.

Long earned a J.D., summa cum laude, from the Texas Tech University School of Law, and a B.A., summa cum laude, from The University of Texas at San Antonio.

Cody D. Rockey – Business Litigation, Ann Arbor
Rockey represents corporate and individual clients in antitrust and competition matters, including civil litigation and criminal investigations. He also advises clients on antitrust issues related to business combinations—mergers, acquisitions, and joint ventures—including complying with pre-closing notification requirements and responding to government investigations. And he counsels clients on antitrust compliance. In addition, Rockey maintains a commercial and business litigation practice, assisting clients in resolving their disputes in both federal and state court, as well as through arbitration.

Rockey earned a J.D., cum laude, from Harvard Law School, and a B.A., with high honors and highest distinction, from the University of Michigan.

Michael R. Vogt – Real Estate, Bloomfield Hills
Vogt’s practice involves all aspects of real estate litigation, including land use and zoning, eminent domain, landlord/tenant, commercial foreclosures, and a variety of contractual disputes related to the purchase, sale, leasing, and management of commercial real estate. In addition to his real estate practice, he also has significant experience representing lenders in contractual claims against borrowers and guarantors in courts throughout Michigan, as well as representing judgment creditors in post-judgment collection actions.

Vogt earned a J.D. from the John Marshall Law School, and a B.A. from Michigan State University.

Jeanne M. Whalen – Corporate Finance, Bloomfield Hills
Whalen’s practice focuses on general corporate, contracting, and acquisition matters, with an emphasis on technology and health care-related transactions, particularly with respect to dental service organizations, health systems, and assisted living facilities. Her experience includes public and private company mergers and acquisitions and joint venture transactions; representing technology companies and other companies engaging in technology-related transactions; and general corporate representation including counsel to Boards of Directors, entity formation and capitalization, shareholder agreements, and customer and supplier relationships.

Whalen earned a J.D., summa cum laude, from the University of Toledo, and a B.S.E., magna cum laude, from the University of Michigan.

Litigation attorney Chad J. Ray has joined Munck Wilson Mandala as a senior associate.

Ray has a background in chemistry and represents clients in a variety of complex commercial litigation matters, particularly patent litigation matters, spanning electronics, automotive, chemicals, pharmaceuticals, biologics and medical devices.

In a release, the firm said Ray, a trial lawyer and registered patent attorney, Ray has experience with both jury and bench trials, on appeal to the Federal Circuit and United States Supreme Court, as well as in proceedings before the U.S. Patent Office’s Patent Trial and Appeals Board. Ray also has experience providing pro bono criminal defense representation with notable successes helping individuals charged with serious felonies, including first degree murder and armed robbery.

Prior to his legal career, Ray earned a B.S. in chemistry, magna cum laude and Phi Betta Kappa, from the University of New Mexico. He then earned a Ph.D. from Duke University for physical chemistry research, developing and applying nanotechnology methods for the study of complex biological molecule interactions. As an undergraduate and graduate chemistry student, Ray received numerous accolades and awards for his research, teaching and community service. He continued his research as a postdoctoral research associate at the University of Pittsburgh prior to law school.

Ray received his J.D., cum laude from the University of Michigan Law School where he was submission editor for the Michigan Telecommunications and Technology Review. Ray previously practiced law at Jenner and Block, LLP, in Chicago, Illinois. He is a Trial Bar member of the U.S. District Court for the Northern District of Illinois, and maintains a license to practice law in both Illinois and Texas.

Trial lawyer Courtney Ervin has joined commercial litigation boutique Hicks Thomas LLP.

“Courtney is a highly skilled and effective trial lawyer,” said Hicks Thomas co-founder John B. Thomas. “She is an exceptional advocate and has great instincts. Her addition enhances our diversity and positions us to serve our client needs well into the future.”

In a release, the firm said Ervin has handled multimillion-dollar complex commercial litigation involving a variety of issues and has litigated claims involving many types of contractual challenges. Her focus is on high-stakes commercial litigation in state and federal court and arbitration. She has experience in contract disputes, business torts and insurance coverage. While many of her clients are in the energy industry, Ervin regularly represents those involved in other businesses including insurance, real estate, private equity and information technology.

Ervin was profiled as one of the leading Energy Litigation lawyers in the U.S. in 2016 by The Legal 500 and has repeatedly earned a place on the Texas Rising Stars list recognizing up-and-coming lawyers. She earned her law degree from the University of Houston Law Center, magna cum laude, and her bachelor’s degree from Colorado State University. Ervin is a member of the State Bar of Texas, Houston Bar Association and the Texas Bar Foundation.

Image by Ra Boe / Wikipedia

Los Angeles Times columnist Michael Hiltzik sees warning signs for Amazon, Google and Facebook.

“Competitive advantage is not a permanent gift,” he writes. “Indeed, the more successful a company is, the more unassailable its competitive position appears, the greater the forces that gather to knock it off its perch.”

He continues: “It’s always tempting to think of the future as the same as today, only more so. That’s why we imagine a future in which Amazon is the only name in retail and Google and Facebook control everything we read, hear and feel. Things have never worked out that way no matter how majestic are the kings of commerce at any given moment. ”

Read the LA Times article.

As climate-change lawsuits against the oil industry mount, Exxon Mobil Corp. is taking a bare-knuckle approach rarely seen in legal disputes: It’s going after the lawyers who are suing it, according to a Bloomberg report.

Exxon’s targets include the attorneys general of New York and Massachusetts, hitting them with suits, threats of suits or demands for sworn depositions. The company claims the lawyers, public officials and environmental activists are “conspiring” against it in a coordinated legal and public relations campaign, writes Bob Van Voris.

He quotes Howard Erichson, an expert in complex litigation and a professor at Fordham University School of Law in New York: “It’s an aggressive move. Does Exxon really need these depositions or is Exxon seeking the depositions to harass mayors and city attorneys into dropping their lawsuits?”

Read the Bloomberg report.

Jones Day is the strongest law firm brand in the U.S. for the second consecutive year after surpassing five-year leader Skadden last year, according to the latest Acritas US Law Firm Brand Index.

Even though Skadden strengthened its brand this year, Jones Day has seen a larger gain and increased its lead on the market.

Lizzy Duffy, VP of Acritas US said: “Jones Day is more favored this year for its practical style of delivery, along with its global coverage and breadth of services – all areas we know align with clients’ evolving needs especially now that half of legal departments are assigning responsibility for optimizing legal operations.”

Latham & Watkins holds down the third spot on the list.

Read the article.

Jennifer Fraser, a member in Dykema’s Intellectual Property & IP Litigation Department, has been appointed as leader of Dykema’s Trademark Practice Group.

Fraser has been recognized as a leading trademark practitioner in Washington, D.C., by World Trademark Review for seven consecutive years and has also been selected as a Washington, D.C., Super Lawyer® for five consecutive years. Prior to joining Dykema more than two years ago, she practiced at a national intellectual property firm, serving as chair of its Trademark and Copyright Section.

In a release, the firm said Fraser’s trademark law practice ranges from U.S. and foreign clearance and prosecution to litigating rights before the courts and the Trademark Trial and Appeal Board. Fraser is an to many billion-dollar international companies and well-known brands on day-to-day trademark and counseling issues, and is frequently called upon to assist in enforcement and defense in U.S. District Courts around the country when the house mark and other important issues are at stake.

Early in her career, Fraser served as an Examining Attorney with the United States Patent and Trademark Office (USPTO). She remains active in trademark policy and issues affecting the USPTO and brand owners and is active in the Intellectual Property Owners Association and the International Trademark Association (INTA). Fraser currently serves as the INTA USPTO Subcommittee Chair for the U.S. Trademark Office Practice Committee and also as a member of the INTA North America Global Advisory Counsel.

“Trademarks are the face of a company and critically important to businesses,” said Fraser. We look forward to continuing to identify areas of concern to our clients and empowering Dykema attorneys and staff to help our clients strengthen trademark portfolios and address challenges. We are are well-positioned to help our clients with that mission.”

Fraser received a J.D. from the Howard University School of Law, and a B.A. in History, as well as a minor in Justice Studies, from the University of New Hampshire.

Zapproved has published “GDPR Readiness: A Quick Start Guide” about the European Union’s General Data Protection Regulation (GDPR) which is set to go live on May 25, 2018.

Zapproved says that half of all affected businesses won’t be ready for the May launch of the GDPR. This guide is intended to help those struggling with compliance so companies can avoid fines, which can be as much as 4 percent annual corporate turnover, or €20 million — whichever is greater.

“If you collect or maintain data about EU residents or conduct business in the EU, you will need to understand and comply with the data collection, security, access and erasure provisions of the GDPR or face unprecedented penalties,” the company warns.

This complimentary quick guide explains why GDPR exists and how it’s likely to conflict, at least initially, with U.S. discovery principles. It includes a short checklist for the first steps to take to get started with GDPR readiness.

Download the guide.

The Association of Corporate Counsel has released the new ACC Chief Legal Officers 2018 Survey, a study of the issues and environment in which chief legal officers (CLOs) operate, based upon feedback from nearly 1,300 CLOs in 48 countries.

The report can be downloaded for a fee, and a free executive summary is available.

Notable findings include what keeps CLOs up at night, reporting structures, how CLOs view the future of departmental budgets and staffing, litigation and contract workload, and where data breaches and regulatory issues have the greatest impact.

The 2018 report includes an executive summary, key findings, global and industry benchmarking metrics, and an in-depth question-by-question analysis. Key metrics include:

• Legal department spend by company revenue
• Internal, external, and total spend as a percentage of revenue
• Legal department staffing numbers (including lawyers, paralegals, legal operations and administrative professionals)
• Matters handled by the legal department (litigation, compliance investigations, contracts)
• Data breaches, regulatory investigations and patent trolls

Download the report.

Flexera will present a complimentary webinar on how open source security and compliance have grown to be a big part of the cybersecurity and legal portfolio.

Presenter Jeff Luszcz, vice president of product management for Flexera, also will share special insights from Flexera’s open source auditing team for the past year.

The event will be Wednesday, Feb. 21, 2018, beginning at 11 a.m. Central time.

Topics will include:

• Open source vulnerabilities and licenses that made the news in 2017.
• Closing the risk window – How long do you really have to mitigate a vulnerability once it is discovered?
• How do GDPR laws affect your use of open source?
• How you can improve your open source security and compliance process.

Register for the webinar.