Buchalter has added shareholders J. Craig Cartwright and Kevin T. Lytle as members of the Real Estate Practice Group in the Scottsdale office. Both shareholders are joining Buchalter from DLA Piper.

In a release, the firm said Cartwright represents lenders, developers, real estate investment trusts, investors, and national corporations in a broad range of real estate transaction matters, including sales and acquisitions, secured lending, property development, commercial leasing, bankruptcy workouts, and construction-related matters.

Lytle has experience in real estate transactions involving sales and acquisitions, leases, sale-leasebacks, construction and permanent loans, acquisition loans, refinancings, loan and lease modifications and intercreditor agreements. His clients include public and private real estate investment trusts, individuals, and commercial entities.

“When we look at the priorities of the firm for 2018 and beyond, Craig and Kevin are exactly the type of talent we want here,” said Adam J. Bass, President and Chief Executive Officer of Buchalter. “We are very excited to welcome Craig and Kevin. They are a force in the real estate industry and exceptional additions to the firm in general and the Scottsdale office in particular.”

Cartwright earned his J.D. from the University of Kansas School of Law in 1996 and his B.S. from the University of Kansas in 1993.

“The growth of the firm is truly remarkable, and I am excited to be joining such an excellent group of lawyers that provide clients with outstanding service and a full range of business solutions,” said Cartwright.

Lytle earned his J.D. from the University of Nebraska, School of Law in 1996 and his B.S. from the University of Nebraska in 1989.

“Our practice is a perfect fit with Buchalter’s talented Real Estate Practice. I look forward to integrating my clients and providing them access to the impressive resources the Firm offers,” added Lytle.

Paige D. Bartholomew of Farrell Fritz has been selected to receive the Hon. Judith S. Kaye Scholarship. The scholarship seeks to increase the number of women taking leadership roles in commercial cases litigated in New York’s state and federal courts.

Established by the New York Bar Foundation through a gift from the New York State Bar Association’s Commercial and Federal Litigation Section, the scholarship is awarded to female litigators and covers the cost of their registration at the 2019 Litigation Academy.

Bartholomew, a Massapequa, NY resident, earned her J.D. from Touro College Jacob D. Fuchsberg Law Center and her B.A. from Siena College. She is a frequent contributor to Farrell Fritz’s New York Commercial Division Practice blog.

DLA Piper announced that R. David Whitaker has joined the firm’s Intellectual Property and Technology practice as a partner in the Chicago office. His arrival follows that of his colleague, Margo H.K. Tank, who recently joined the firm as a partner in the Washington, DC, office.

In a release, the firm said Whitaker and Tank, both of whom who will be in the Technology, Data and Commercial subgroup of the firm’s IPT practice, employ a team approach to advising traditional and emerging financial services companies and commercial enterprises, in transactional, legal and regulatory matters, particularly those related to digital financial services, contracting, and records management, including electronic signatures, records and payments. Whitaker also has experience with the practical application of laws governing electronic banking, letters of credit, payment systems and commercial and consumer financing.

“As the demand for legal and consulting services focused on online and mobile transactions continues to grow, the addition of David to our team will enable us to better meet the needs of clients who require legal, regulatory, operational and technical business solutions focused on digital transactions,” said Ann Ford, co-chair of the firm’s US Intellectual Property and Technology practice. “David’s vast experience in the financial and FinTech sectors will also significantly enhance our capabilities in that arena.”

“We are thrilled to welcome David to the firm, where our global platform will be a tremendous advantage to his clients,” added Brendan Head, co-managing partner of the Chicago office. “David’s experience leading consulting teams and his deep understanding of changes in the financial services industry and their potential implications for clients makes him a valuable addition to our team.”

Whitaker joins DLA Piper from Buckley Sandler LLP. He received his J.D. from the University of Illinois School of Law and his B.A. from James Madison College at Michigan State University.

Whitaker is the latest addition to DLA Piper’s IPT practice, which in addition to Tank has recently added partners John Beahn in Washington, DC, and partners Michael Garfinkel and Miles Cooley in Los Angeles.

Exterro has published a new E-Discovery Action Plan e-book that provides checklists, guides and tips to help optimize the e-discovery process. The e-book can be downloaded from Exterro’s website at no charge.

“Sometimes the hardest part about updating your e-discovery process is just knowing where to start,” the company says on its website. “With this new e-book, get six easy to use checklists for every stage of the e-discovery process so you can create an E-Discovery Action Plan for 2018.”

The e-book provides checklists on topics such as:

• Data Identification
• Preservation/Legal Hold
• Early Case Assessment
• Collection and Processing
• Review
• Legal Project Management

Download the e-book.

The ranks of women general counsel in the Fortune 500 continued to grow in 2017, particularly in the financial services industry, though it remains more male-dominated than other sectors, according to a Bloomberg Law report.

Cynthia Dow, head of the legal officers practice at executive search firm Russell Reynolds Associates, told Bloomberg that, of the 86 financial services companies in the Fortune 500, 11 hired new general counsel in 2017. And six of those were women.

“Despite the significant bump in 2017, women still lag behind in Fortune 500 financial services GC roles, making up only 22 percent, according to Dow,” writes Stephanie Russell-Kraft.

Read the Bloomberg Law article.

When the Federal Reserve announced its punishment of Wells Fargo in the company’s sales scandal, the agency also announced that the company would replace four members of its 16-person board.

In a commentary for The Washington Post, former treasury secretary Lawrence Summers discussed the question: Why aren’t the directors who are leaving being named and asked to resign effective immediately with an element of humiliation?

“There are compelling reasons for due process before anyone goes to jail, even if it undermines deterrence,” Summers writes. “There is no similar justification for due process before being fired, publicly, for being a failed fiduciary. The Fed and other regulatory agencies should change their procedures.”

Read the Post article.

A judge has put an end to the once-illustrious legal career of Raymond Ho, who became a partner at Arent Fox at the age of 33.

Above the Law reports on the sentencing of the one-time legal star  who the government referred to as a “prolific money launderer” who is alleged to have funneled $2.1 million through various accounts, including attorney trust accounts.

The sentencing memo summed up the case:

“After emigrating from Taiwan at a young age, he excelled in U.S. schools, earned two legal degrees, practiced law at some of the largest law firms in the country, and even opened his own patent law firm.

“The defendant, however, was not the upstart attorney his résumé would suggest. Rather, from at least March 2013 to February 2017, the defendant engaged in a large-scale money laundering scheme.”

Read the Above the Law article.

Of all the blockbuster cases at the Supreme Court this year, Janus v American Federation of State, County and Municipal Employees (AFSCME) is expected to hold the fewest surprises, according to The Economist.

Janus, which is due to be argued on Feb. 26, asks whether public employees who choose not to join their designated union may nevertheless be charged “agency fees” to support collective bargaining. Non-members of a union may be required to subsidize contract negotiations over salary, benefits and working conditions. But those workers can’t be charged fees for a union’s political efforts, such as lobbying.

The Economist explains: “Janus is at bottom a bid to undermine America’s labour movement. The case is not presented that way; it arrives at the Supreme Court in First Amendment wrapping by express invitation from Justice Samuel Alito in a pair of recent cases.”

Read The Economist‘s article.

The business and entertainment law firm Shackelford, Bowen, McKinley & Norton, LLP, announced the promotion of Dallas attorney Michelle Snedden to equity partner and Dallas attorney Stephen Shellenberger and Nashville attorney Lauren Kilgore to non-equity partners.

“This firm is built upon on a broad foundation, which is evident by the diverse practices of these three attorneys,” said founding partner John Shackelford. “Their contributions have been key to this firm’s continued success, and we are pleased to recognize their work through these promotions.”

Snedden represents real estate owners and affordable housing developers in transactional matters involving low-income housing tax credits, historic tax credits, HOME Funds, tax-exempt bonds, and private and governmental financing sources. With experience involving HUD programs, she regularly represents FHA-approved lenders.

Shellenberger’s practice is focused on business and commercial litigation, as well as family law, wills, trusts and probate matters, personal injury and consumer protection matters. He previously worked with the U.S. Drug Enforcement Administration and assisted the U.S. Attorney’s Office for the Eastern District of Texas with the successful prosecution of drug and money laundering organizations in North and East Texas.

Kilgore is a Nashville-based litigator and entertainment attorney who represents a broad and diverse clientele of individuals and companies in commercial litigation. She also represents musicians, record labels and songwriters in recording, producing, distribution, publishing and incorporation matters.

Foley & Lardner LLP announced that the following of counsel and senior counsel have been elected to the partnership, effective February 1, 2018.

• Brett Belden, Intellectual Property, Milwaukee
• Alexis Bortniker, Business Law, Boston
• Pamela Brown, Business Law, Orlando
• Krista Cabrera, Litigation, San Diego
• Steven Cade, Business Law, Chicago
• Jean-Paul Ciardullo, Intellectual Property, Los Angeles
• Brooke Clarkson, Litigation, Washington, D.C.
• Maureen Easton, Business Law, Madison
• Casey Fleming, Business Law, Milwaukee
• Jonathan Friedman, Litigation, New York
• Ramy Hanna, Intellectual Property, New York
• Kimberly Klinsport, Litigation, Los Angeles
• Nicholas Lagerwall, Intellectual Property, Madison
• Jocelyn Lavallo, Business Law, New York
• Matthew Lee, Litigation, Madison
• Kevin Malaney, Intellectual Property, Milwaukee
• Brittany Nelson, Litigation, Washington, D.C.
• Kevin Shuler, Business Law, Tampa
• Tony Tootell, Litigation, Los Angeles

Jones Day has published a white paper that addresses some of the most prominent Foreign Corrupt Practices Act-related compliance priorities requiring the attention of board members.

Those priorities include ensuring that corporate management is completely committed to compliance efforts, risk assessment, training relative to processes and policies, third-party due diligence, and similar concerns.

“The United States Department of Justice, the U.S. Securities and Exchange Commission, and non-U.S. governments and agencies have recently emphasized their continued commitments to pursuing both corporate and individual violators of the Foreign Corrupt Practices Act,” the firm says in an introduction to the paper. “Given this ongoing emphasis, corporate board members have particularly important roles to play in overseeing compliance and anticorruption programs in place at the companies they serve.”

Read the white paper.

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A Steptoe & Johnson article takes a look at the way additional insured coverage under an insurance policy is analyzed when there is an underlying drilling contract limiting the additional insured coverage to the scope of the liability assumed in the service contract.

The article in The National Law Review discusses In re Deepwater Horizon, a Texas Supreme Court case that governs allocation of risk, assumed liabilities, and the granting of additional insured status in underlying service contracts, and the precedent the case established.

The article also considers some other cases that were litigated after the Deepwater Horizon case.

Read the article.

Determine Inc. has posted an on-demand webinar describing how real-life company challenges morph into ideas and concepts for contract management innovations and predicting what companies are looking for in 2018.

In the video, Tim Cummins, CEO of IACCM, Sean Delaney, vice president of sales at Determine, and Mike Behne, head of implementation at Determine, explore the issues that are top of mind and discuss exactly the role technology can play to exceed expectations.

Topics include:

• What prospects and customers are talking about in terms of pain points and wish lists
• How to leverage CLM to manage third-parties and mitigate risk
• How shared data and business processes solve business problems
• Industry trends and enterprise expectations in 2018

Watch the webinar.

More than one-third of the U.S. workforce is bound to their employers by a non-disclosure agreement, or NDA, according to a Harvard Business Review report this week, which cites figures from a research paper published last year in the Vanderbilt Law Review.

Amy X. Wang, writing for Quartz at Work, says the contracts have been steadily growing in both number and breadth as companies grow warier about competition and proprietary material.

She adds that the problem has spread to cover personal harassment, to the point that many have questioned whether NDAs can end up enabling abusers.

Read the article.

Above the Law examines a case in which a district court and a lawyer got into trouble with the 11th Circuit when the lower court took the lawyer’s advice not to apply the circuit’s ruling in a remanded case.

Kathryn Rubino explains that the dispute dates to 2011, when Winn-Dixie grocery store company sued more than 100 dollar stores for violating exclusivity provisions in their lease agreements. The 11th Circuit ruled in the appeal and sent the case back to the district court for application.

The problem arose when lawyers for the dollar stores persuaded the district court not to apply the ruling.

The judges singled out Troutman Sanders lawyer Brian P. Watt for statements urging the lower court not to follow the circuit’s mandate.

“Needless to say (or maybe not), a district court cannot amend, alter or refuse to apply an appellate court’s mandate simply because an attorney persuades the court that the decision giving rise to the mandate is wrong, misguided or unjust,” the panel said.

Read the Above the Law article.

American Red Cross General Counsel David Meltzer has resigned after a ProPublica story detailed troubling aspects of how he handled a sexual misconduct case involving another senior official at the charity, according to a ProPublica article.

In a resignation letter, Meltzer told the American Red Cross CEO that he deeply regretted his handling of the case.

Meltzer originally drew fire after he praised a former senior executive who was pushed out after being accused of sexually harassing a subordinate. Another employee also accused that former executive of rape. At that time, Meltzer praised the deposed executive for his dedication and leadership.

Read the ProPublica article.

Image by BCorn MarketingDiv (Own work) [CC BY-SA 4.0 (https://creativecommons.org/licenses/by-sa/4.0)], via Wikimedia Commons

Bloomberg reports that Belinda Johnson, formerly chief business affairs and legal officer, has taken the new role with the company as part of a shakeup in the senior ranks.

“Before joining Airbnb, Johnson served as general counsel at Yahoo and Mark Cuban’s Broadcast.com,” according to reporter Olivia Zakeski. “She was named to the board of PayPal Holdings Inc. a year ago. As Airbnb’s operating chief, she becomes one of the most powerful women in Silicon Valley.”

Read the Bloomberg article.

Andrews Kurth Kenyon LLP will kick off its 2018 Case in Point Webinar Series on Feb. 13 with “The Dog Ate My Evidence – Tips for Implementing Litigation Holds and Avoiding Sanctions.”

The first webinar will be on Tuesday, Feb. 13, at 10 a.m. Central time. Presenters will be  Kelly Sandill and Ashley Lewis.

Destruction of evidence can lead to the imposition of substantial sanctions against a company and its non-compliant employees, the firm says on its website. An effective litigation hold can be a first line of defense against claims of spoliation or obstruction. Unfortunately, implementing a litigation hold is not always a simple process and sometimes does not go as planned.

This CLE program provides an overview of developments in the law surrounding destruction of evidence, discusses the human and technological challenges of litigation holds, provides suggestions for avoiding common pitfalls, and discusses how companies can best handle situations in which evidence has gone missing.

Register for the Feb. 13 webinar

See upcoming  events in the series

Orly Lobel, writing in the Harvard Business Review, believes that nondisclosure agreements, or NDAs, chill competition, through expansive definitions of what must remain confidential and proprietary, reducing the ability of a discontent employee or an employee working in a hostile work environment to go elsewhere.

“Importantly, as recent studies show clearly, preventing workers from using their knowledge and skills beyond a single workplace is harmful not simply to the worker but to entrepreneurship, competition, and economic growth,” she writes.

Lobel believes that legislatures and courts should look toward imposing penalties on overreaching contracts and rendering any contract with unenforceable scope void in its entirety.

Read the article.

A Sixth Circuit ruling in a recent case shows that an employer’s notice of its institution of a mandatory arbitration policy or program is, without more, insufficient to compel an employee to arbitrate a subsequent dispute, writes Gilbert Samberg in Mintz Levin’s ADR: Advice From the Trenches blog.

He explains that something more is required in order to be able to infer the employee’s knowing assent to the new term of employment. The new “Employment Dispute Resolution Process” (EDRP) was promulgated after the plaintiffs had commenced employment.

Samberg writes that the appellate court “determined that the employer’s failure to notify the employees expressly that ‘they would accept the terms of the EDRP by continuing their employment’ was a critical omission, and thereupon held that the employees had not manifested knowing assent merely by continuing to work at FCA.”

Read the article.