Baker Botts partner Mike Bresson told listeners at the beginning of the law firm’s recent webinar that “Master limited partnerships [MLPs] did just fine on tax reform.”

Joseph Markman, writing in Oil and Gas Investor about the webinar presentation, quoted Bresson: “The first big [change], which is definitely a positive, is a reduction in tax rates,” said Steve Marcus, partner and Dallas-based department chair in taxes. “The corporate tax rate’s been reduced from 35% to 21%.”

Another change, however, may have a slightly negative impact, now that interest deductions are limited. The limitation amounts to about 30% of an MLP’s adjusted taxable income. How this affects the typical MLP depends on its tax shield.

Markman explains: “For an MLP to calculate the 30% limitation on its ability to deduct its own net business interest expense, it must determine its share of ‘excess taxable income’ allocated to it from a subsidiary partnership. An MLP’s unitholder would then determine ‘excess taxable income’ in calculating the limitation with respect to its net business interest expense.”

Read the article.

The national law firm of Quarles & Brady LLP announced that Sherina Maye Edwards has joined the firm’s Chicago office as a partner in its Energy, Environment & Natural Resources Practice Group.

“The combination of Quarles & Brady’s national, full-service platform and flexible, collaborative approach to servicing its clients makes it a great platform from which to service the energy community’s legal needs,” said Edwards. “I am excited to take the next step in my career with such a phenomenal firm to develop a dynamic and robust energy regulatory practice.”

In a release, the firm said Edwards focuses her practice on electric reliability, water, natural gas and critical infrastructure issues. “An energy professional with solid regulatory experience including analyzing, formulating, and implementing public policy at the state level, she brings a wealth of knowledge on issues affecting the energy and public utility industry including grid modernization, natural gas infrastructure, cybersecurity, reliability and supplier and workforce diversity,” the firm said.

Prior to joining the firm, Edwards served a five-year term on the Illinois Commerce Commission, making her the youngest commissioner ever appointed in the state of Illinois. In 2016, Edwards was appointed by President Barack Obama and U.S. Secretary of Transportation, Anthony Foxx as Co-Chair of the U.S. Department of Transportation’s Voluntary Information-Sharing System Working Group, which was created in accordance with the Pipelines Hazardous and Materials Safety Administration guidelines, where she provided recommendations to the Secretary of Transportation on information-sharing matters and best practices for the protection of proprietary and security-sensitive information.

“Sherina’s knowledge and experience in the energy industry is are second to none,” said national practice group chair Thomas McElligott. “We are extremely pleased to have her join the Energy, Environment & Natural Resources Practice Group.”

Edwards founded both the Women’s Energy Summit and the Women’s Energy Network of Chicago and is nationally recognized for being a champion for diversity and inclusion within the utility and energy space. In addition to serving on a number of civic boards, she was recently appointed to the board of directors for Intren LLC, a national construction company that primarily services the electric and gas industries. She received her law degree from Howard University School of Law and her bachelor’s degree, cum laude, from Spelman College.

Baker McKenzie has elected 20 new partners in North America. The firm also elected five attorneys to Counsel, as well as three individuals to Director of Economics.

“These individuals have made significant contributions to our firm, demonstrating a deep understanding of our clients’ businesses and industries,” said Colin Murray, Baker McKenzie’s Managing Partner in North America. “We are very proud of their accomplishments, and I congratulate each of them on achieving this significant career milestone. As the new year begins, I look forward to working with them to advise our clients as they pursue growth and navigate a complex marketplace.”

The firm’s newly promoted individuals include:

Partners:
Adam Beckerink is a Partner in the Tax Practice, based in Chicago. Adam advises multinational corporations and high net-worth individuals on a range of tax issues, tax controversies and litigation, including multistate and federal tax planning and the tax aspects of mergers and acquisitions. He represents clients on state tax matters before administrative appeal boards, tax tribunals and courts in Illinois and other US states. He received his bachelor’s degree from Shenandoah University, his J.D. from the University of Maryland and his LL.M. in Taxation from Georgetown University Law Center.

Christina Bullock is a Partner in the Corporate & Securities Practice, based in Chicago. Christina advises multinational companies on cross-border mergers and acquisitions, pre- and post-transaction corporate reorganizations and general corporate and commercial law transactions. She represents clients in the logistics, packaging, chemicals and healthcare industries, among others. She received her bachelor’s degree from Northwestern University and her J.D. from Northwestern University School of Law.

Christopher Burkett is a Partner in the Employment & Compensation Practice, based in Toronto. Chris’s broad advocacy and investigations practice focuses on employment, civil, compliance and criminal law matters. He also regularly advises private and public corporations on regulatory compliance matters, particularly in the areas of anti-corruption and international human rights. Chris was a Fox Scholar at Middle Temple, Inn of Court, and received his bachelor’s degree from Queen’s University, his LL.B. from the University of Windsor, and his LL.M. from the London School of Economics and Political Science under a Baker McKenzie Graduate Legal Studies Scholarship.

Kerry Contini is a Partner in the International Commercial Practice, based in Washington, DC. Kerry focuses her practice on export controls, trade sanctions and antiboycott laws. She advises US and foreign companies on trade compliance programs, risk assessments, licensing, review of proposed transactions and enforcement matters across a range of industries, including the pharmaceuticals, medical devices, oil and gas and nuclear sectors. She received her bachelor’s degree from the University of California at San Diego, her master’s degree from the George Washington University, and her J.D. from the George Washington University Law School.

Paul DePasquale is a Partner in the Tax Practice, based in New York. Paul advises high net worth individuals and families on a range of matters, including cross-border investments, real estate investments, income tax and transfer tax planning, trust and estate planning and business succession, among others. He also advises multinational corporations and investment funds on US inbound and outbound international tax issues, as well as financial institutions on FATCA, CRS, withholding taxes and information reporting. He received his bachelor’s degree from College of William and Mary and his J.D. from the University of Michigan Law School.

Matt Dushek is a Partner in the Intellectual Property Practice, based in Washington, DC. Matt focuses his practice on all areas of patent law, including litigation, counseling, prosecution and post-grant proceedings. He litigates patent cases across the US and before the Patent Trial & Appeal Board, and as part of his patent prosecution practice, he obtains patent protection for leading global corporations from the US Patent and Trademark Office. He received his bachelor’s and master’s degrees from the University of Minnesota and his J.D. from the University of St. Thomas.

Juan Carlos Gonzalez Novo is a Partner in the Banking Finance & Major Projects Practice, based in Chicago. Juan’s practice focuses on banking and finance matters, including global custody, cross-border financing, trade financing, project finance and major projects, particularly those related to infrastructure development. Juan received his law degree from the University of Santiago de Compostela (Spain) and his LL.M. from Chicago-Kent College of Law.

José Hoyos-Robles is a Partner in the International Commercial Practice, based in Mexico City. José’s practice focuses on foreign trade and customs matters, including tariff classification of goods, rules of origin, customs valuation, free trade agreements, regulatory matters, consumer protection and export controls. He also advises on programs aimed at promoting imports and exports in Mexico, such as IMMEX and PROSEC, and on the implementation of trade compliance programs, licensing and certifications in different industries, including the electric, electronic, food, cosmetic, pharmaceuticals and medical devices sectors. He received his J.D. and master’s degree in Business Law from Universidad Panamericana.

Tatyana Johnson is a Partner in the Tax Practice, based in New York. Tatyana focuses her practice on US federal income taxation of corporations, with an emphasis on international tax planning. She advises clients on international mergers, acquisitions, post-acquisition and pre-disposition restructuring, spin-offs, supply chain restructuring, and other tax-related matters, including outbound and inbound tax planning, income tax treaties, efficient repatriation and intangible property migration. She received her B.S.B.A. in Finance from Washington University, her J.D. from Southern Methodist University School of Law and her LL.M. in Taxation from Georgetown University Law Center.

Ben Kelly is a Partner in the Intellectual Property Practice, based in Dallas. Ben’s practice focuses on patent litigation, trade secret enforcement and associated business torts, representing clients in US state and federal district courts, at the US International Trade Commission, and before the American Arbitration Association. He has managed the enforcement and protection of a range of technologies, particularly electrical, communications and networking systems. He received his bachelor’s degree from the University of Texas at El Paso and his J.D. from the University of Texas School of Law.

Victor Morales-Chavez is a Partner in the Tax Practice, based in Mexico City. Victor’s practice focuses on corporate taxes, non-resident taxation, international tax treaties and general tax planning. He advises multinational companies on projects related to mergers and acquisition, corporate restructuring and due diligence. He received his accounting degree from the Instituto Technologico y de Estudios Superiores de Occidente A.C. and degrees in tax from Guadalajara Public Accountants College and Universidad Panamericana.

Steve Park is a Partner in the Corporate & Securities Practice, based in Houston. Steve represents public and private clients in a range of transactional matters, including mergers and acquisitions, joint ventures, investments, international restructurings, spin-offs and general corporate and governance matters. He advises clients from a variety of industries, including oil and gas, life sciences, technology, auto, manufacturing, food and beverage, media and broadcasting and financial services. He received his bachelor’s degree from Seoul National University and his J.D. from Columbia University School of Law.

Jennifer Seale is a Partner in the Litigation & Government Enforcement Practice, based in Washington, DC. Jennifer focuses her practice on cybersecurity issues, including crisis management, data breach response, internal investigations, regulatory compliance and complex litigation. She also advises clients on administrative, civil, and criminal litigation matters across several industries, including financial services, hospitality, manufacturing, telecommunications and energy. She received her bachelor’s degree from Georgetown University and her J.D. from the University of Virginia School of Law.

Ahmed Shafey is a Partner in the Litigation & Government Enforcement Practice, based in Toronto. Ahmed is a commercial litigator who advises on contractual disputes, professional liability actions, class actions, shareholder disputes, product liability actions, government procurement litigation, international commercial arbitrations and bankruptcy and insolvency proceedings. He also advises on civil fraud and asset recovery matters, as well as business crime investigations. He received his bachelor’s degree from the University of Toronto and his J.D. from Osgoode Hall Law School.

Catherine Koh Stillman is a Partner in the Litigation & Government Enforcement Practice, based in New York. Catherine’s practice encompasses all antitrust matters, including private litigations, government investigations, merger review, and antitrust compliance. She counsels companies across a variety of industries on managing antitrust risk in their daily business activities, including competitor collaborations, tying, bundling, discount practices, vertical distribution issues, and non-compete agreements. She is also a general commercial litigator with experience representing companies in complex commercial litigations in federal court. She received her bachelor’s degree from Yale University and her J.D. from the University of Michigan.

Carlos Vela Treviño is a Partner in the Intellectual Property Practice, based in Mexico City. Carlos focuses his practice in technology, media, privacy and telecommunications law. He represents some of the most innovative IT and consumer internet industry players on matters related to telecom regulation/licensing, technology contracts and procurement, monetization of e-commerce portals, e-marketing, consumer protection and copyright within the digital space. In the privacy field, Carlos has implemented privacy management compliance programs for more than 100 companies. He received his LL.B. from Universidad Panamericana and his LL.M. in Information and Communication Technology Law from the University of Oslo.

Jonathan Welbel is a Partner in the Tax Practice, based in Chicago. Jonathan advises multinational corporations on transfer pricing and other international tax issues with a focus on US federal tax controversy. He helps clients navigate the audits, appeals and litigation process, and he has extensive experience working with tax court practice and procedure. He received his bachelor’s degree from the University of Illinois at Urbana-Champaign, his J.D. from Case Western Reserve University and his LL.M. in Taxation from Northwestern University School of Law.

Ora Wexler is a Partner in the Corporate & Securities Practice, based in Toronto. Ora’s practice focuses on capital markets transactions and securities regulatory matters, including private placements, public offerings, mergers and acquisitions, corporate governance, capital market regulatory compliance matters and other securities issues. She received her bachelor’s degree in economics from Brandeis University and her J.D. from Queen’s University.

Richard White is a Partner in the International Commercial Practice, based in Dallas. Richard counsels clients on corporate transactions with an emphasis on cross-border business transactions, commercial contracts, and structuring international and domestic franchise transactions, among other corporate matters. He represents many of the leading hotel, lodging and hospitality franchise companies and negotiates complex franchise transactions in the US and around the world. He received his bachelor’s degree, master’s degree in accounting and J.D. from the University of Tennessee.

Brian Zurawski is a Partner in the Banking Finance & Major Projects Practice, based in Chicago. Brian advises on real estate and finance matters. He advises landlords and tenants in the negotiation of lease agreements and lease agreement amendments, as well as purchasers and sellers on the sale of office spaces, hotels, data centers and other properties. He received his B.B.A. from Loyola University Chicago and his J.D. from Cornell Law School.

Counsel:
Jane Chen Klinger is Counsel in the Litigation & Government Enforcement Practice, based in Washington, DC. Jane advises clients on a range of international corporate compliance matters, and has led multijurisdictional internal investigations and guided companies under investigation by US enforcement authorities and multilateral institutions. She has also conducted risk assessments and developed third party diligence programs, compliance policies and procedures, and anti-corruption training programs for multinational companies. She received her bachelor’s degree from Washington University in St. Louis and her J.D. from George Washington University.

Bianca Lansdown is Counsel in in the Employment & Compensation Practice, based in San Francisco. Bianca advises multinational companies in the design, implementation and ongoing compliance of global executive and employee incentive programs, handling matters related to securities law compliance, tax obligations, data privacy, exchange controls and labor law compliance. She also advises companies on US and international tax considerations and related recharge arrangements. She received her bachelor’s degree from New York University, her J.D. from the University of Baltimore School of Law and her LL.M. in Corporate & Commercial Law from the London School of Economics and Political Science.

Brook Mestre is Counsel in the Corporate & Securities Practice, based in Dallas. Brook represents publicly traded and privately held businesses in a range of corporate transactions, including advising purchasers and sellers in cross-border mergers and acquisitions transactions from the inception of a deal through any post-acquisition restructuring and integration matters that may arise. He also counsels clients in capital market transactions, including public offerings and private placements of equity and debt, as well as on day-to-day governance and other corporate matters. He received his bachelor’s degree from Vanderbilt University and his J.D. from Vanderbilt University Law School.

Allan Pasalagua-Ayala is Counsel in the Tax Practice, based in Mexico City. Allan advises clients on transfer pricing matters, with an emphasis on economic analysis, including planning, compliance, valuations, APAs and audits in Mexico. He counsels companies from different industrial sectors on local transfer pricing matters, but has also been involved in global and regional documentation projects. He also has experience advising on business and intangible assets valuations. He received his bachelor’s degree from Universidad Iberoamericana.

Stephanie Russ is Counsel in the International Commercial Practice, based in Dallas. Stephanie counsels franchisors on the structuring and operation of their domestic and international franchise programs. She assists start-up, mid-market and large, publicly-traded franchisors with their franchise registration and disclosure matters, as well as the management of their franchising programs and their ongoing day-to-day franchise relationship matters with franchisees, acting as an all-around business adviser. She received her B.B.A. in finance from the University of Arkansas at Little Rock and her J.D. from Texas Wesleyan School of Law (now Texas A&M University School of Law).

Director of Economics:
Joshua Nixt is a Director of Economics in the Tax Practice, based in New York. Josh advises multinational companies across a variety of industries on transfer pricing and tax-related engagements, including planning of intercompany transactions, preparing US and foreign documentation, valuation and audit defense. His practice focuses on intellectual property and other intangibles, and he has managed several analyses related to licensing, IP migration, and cost sharing. He received his bachelor’s degree from the Ohio State University and his master’s degree and Ph.D. from Northwestern University.

Andrew O’Brien-Penney is a Director of Economics in the Tax Practice, based in Chicago. Andrew provides clients with economic analyses and valuations to assist them in planning and supporting business reorganizations, new transfer pricing policies, transitioning to principal company structures and implementing cost sharing arrangements. He also advises on audit and dispute resolution situations, supply chain restructuring, planning, advance pricing agreements and intellectual property migration opportunities. He received his bachelor’s degree from the Georgetown University School of Foreign Service and his M.B.A. from the University of Chicago Booth School of Business.

Ivan Tsios is a Director of Economics and Valuation Services in the Tax Practice, based in Chicago. Ivan provides comprehensive economic and valuation services related to transfer pricing issues and other tax matters. Ivan assists clients with planning intercompany pricing, US and foreign documentation, negotiating advanced pricing agreements, restructuring intercompany arrangements, intellectual property transfers, and dispute resolution. He also prepares valuations of businesses, intangible property and damages in mergers, acquisitions and other transactions, corporate tax planning, corporate reorganizations, antitrust and competition, and debt and equity valuation. He received his bachelor’s degree from Dominican University and his M.B.A. from DePaul University.

Daniel R. Bernard and Viktoriya Kruglyak have joined Farrell Fritz in its Uniondale, NY, office as associates.

Bernard, a Yaphank, NY resident, concentrates in estate planning and administration. Prior to joining Farrell Fritz, he was an associate at Twomey Latham in Riverhead, NY. Bernard earned his LL.M. in Taxation from New York University; his J.D. from Rutgers School of Law – Newark; and his BBA from Temple University. He is admitted to the New York, New Jersey and Florida Bars, as well as the United States Tax Court.

Kruglyak, a Brooklyn, NY resident, concentrates in commercial litigation. Prior to joining Farrell Fritz, she was an associate at a regional law firm headquartered in Uniondale. She earned her J.D. from St. John’s University School of Law and her B.A. from Baruch College, The City University of New York. She is admitted to the United States District Courts for the Eastern and Southern Districts of New York.

Tim Cummins, President & CEO of  the International Association for Contract & Commercial Management, discusses the ongoing evolution of commercial contract management in a podcast posted by Determine Inc.

He says the future of contracts will be far more versatile and adaptive, with technology and dynamic processes driving the way organizations structure.

He has seen a dramatic increase in senior executive interest and awareness of the potential that contracting holds. More and more organizations are recognizing that misalignment is stunting their ability to be flexible, agile and creative, Determine says on its website.

Listen to the podcast.

The recent Parity wallet “freeze” provides yet another example of a coding vulnerability in a smart contract (rather than a flaw in the underlying blockchain or cryptography) resulting in an exploit that compromises cryptocurrency worth millions, according to Proskauer Rose LLP’s Blockchain and the Law.

Wai Choy and Pengtao Teng write: “It again highlights some of the pitfalls of insecure code in the context of digital assets and raises questions regarding the extent to which software developers can be held liable to its users for losses suffered due to those oversights. As blockchain-related software that serve as storage vaults for digital assets continue to proliferate, it will be interesting to see how industry standards and the existing software liability regime in the U.S. and other jurisdictions evolve to reflect the critical role of secure software in the ‘Internet of Value.'”

Read the article.

The U.S. Court of Appeals for the Eighth Circuit issued an order dealing with indemnification for prior settlements, and it could have a hugely beneficial impact on potential indemnitors, including sellers of mortgage loans as well as insurers, reports Bilzin Sumberg in its Mortgage Crisis & Financial Services Watch.

The appellate court affirmed a lower court’s ruling that, when an insured seeks indemnification for settlements that encompassed both covered and non-covered claims, the insured must present sufficient evidence to establish with reasonable certainty the value that the settling parties attributed to the covered claims, explain Philip R. Stein and Shalia M. Sakona.

They discuss the background of the case, the limitations on using expert testimony to establish allocation, and the application of the holding to the mortgage industry.

Read the article.

Gabriela Smith, writing for Nearshore Americas, discusses several key standard clauses that should be included to make a contract strong and reliable.

“As lawyers, we constantly encounter less than ideal scenarios day in and day out when parties – for whatever their reasons – fail to sign a good contract, or even sign a contract at all,” she writes. “However, having a good service contract that is tailored to the particular situation can be one of the best decisions that a company can make.”

She discusses recitals, payment terms and timing, commissions, law and venue, work product, confidential information, termination, assignment, and modification and amendment.

Read the article.

Large companies increasingly want to work with smaller, more innovative law firms but have trouble finding them due to over-reliance on personal connections, according to a new survey reported by Courthouse News Service.

“Along with an increasing preference for smaller firms, the survey revealed the levels of dissatisfaction rated three times higher with bigger firms—19 percent as opposed to 6 percent,” writes Matthew Renda.

Renda quotes Joel Hyatt, CEO and co-founder of Globality, the company that commissioned the study:

“It’s clear clients are increasingly unhappy with larger legal providers. They’re expensive, aren’t as innovative, and don’t provide the same level of customer service smaller firms can offer.”

Read the CNS article.

A data analysis by the Los Angeles Times has found that President Trump is ranked sixth of 19 presidents for appointing the highest number of federal judges in their first year.

Reporter Kyle Kim explains that Trump’s Republican Party’s slim majority in the Senate is one reason he has been able to fast-track judges.

“Another reason is a little bit of political warfare. Republican senators blocked 36 judicial nominations in President Obama’s first five years, according to Politifact. The best-known nominee was Judge Merrick Garland, chosen to replace the late Supreme Court Justice Antonin Scalia,” writes Kim.

Read the LA Times article.

A former in-house lawyer, accused of secretly videotaping nude and partially clothed female employees at his Florida company, has consented to be disbarred, reports the Tampa Bay Times.

James Patrick Stanton, formerly in-house lawyer with a Florida maintenance company, was alleged to have videotaped women showering, using the toilet and changing clothes in restrooms. A former IT employee of the company reported that he found videos on Stanton’s laptop in 2010 and told executives, but nothing was done.

After the IT employee left the company he gave evidence to police. But later the charges were dismissed after Stanton’s lawyers argued that the statute of limitations had expired, explains reporter Susan Taylor Martin.

Read the Tampa Bay Times article.

Jessica Barger

Appellate and civil litigation law firm Wright & Close LLP has changed its name to Wright Close & Barger LLP, adding the name of partner Jessica Zavadil Barger along with the names of firm founders Tom Wright and Howard Close.

“We are very happy to recognize Jessica’s legal talents and business acumen through this name change,” said Wright. “She has been an outstanding leader for this firm and an outstanding fighter for her clients. Renaming the firm to include her is well-deserved.”

Barger has experience handling both trial and appellate cases, handling a variety of commercial disputes including insurance defense and coverage matters, product liability, premises liability and personal injury defense. She is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization.

Read the article.

Houston civil trial lawyer John H. Kim, founder of The Kim Law Firm, and attorney Tim Rothberg persuaded a Texas appeals court to drop a $2.9 million judgment against energy clients High Cotton Holdings LLC and Ranger O&G Operating LLC last week, according to a post on the website of Androvett Legal Media and Marketing.

The Texas 4th Court of Appeals in San Antonio found that the lawyer retained by the two energy companies prior to The Kim Law Firm filed an agreement in a breach of contract lawsuit without signing it, and failed to keep the companies apprised of court events. Due to those actions, both High Cotton and Ranger were not served with the complaint or made aware of the $2.9 million default judgment.

The 4th Court of Appeals reversed and rendered the judgments and remanded the case to state court for trial on the merits.

Read the article.

By Christopher Barnett
Scott & Scott LLP

In order to effectively manage their software usage and to mitigate compliance exposure, companies need to know how to gather and analyze information regarding their product usage. While some software products may have unique data-collection requirements that ordinarily would not be applicable for other products, usage levels for many products can be measured using a common set of reports that companies can prepare themselves to gather. The purpose of this and other posts in this series of blog entries is to give companies insight regarding how to gather those datasets and why that information is relevant to their licensing obligations.
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The backbone of deployment data for many products is a list of all devices in an IT environment capable of running or interacting with a licensed software product. This inventory should include all physical and virtual workstations and servers. In many cases, it also should include devices like thin clients that may not be capable of running installed copies of software, but that can be used to access software deployed in server environments. The list also should include information regarding the make and model of each device as well as the make, model and quantity of processors and processor cores for physical servers and virtualization hosts. (Note that information regarding virtualization environments will be discussed in a separate entry in this series.) Finally, in order to validate the completeness of the principal hardware inventory, it almost always is a good idea to obtain a secondary inventory from a source like Active Directory or an antivirus solution.

Tools

Most companies use automated, software-based inventory tools in order to gather information regarding the hardware and software present in their IT environments. Using tools is not absolutely necessary – especially in very small environments – where a physical machine count, purchasing records, and change logs may provide sufficient information to allow a company to know what it owns. However, tool-based inventories almost always represent a best practice, since manually maintained reports should be audited against other data sources. Furthermore, it is typically much less practical to maintain a software inventory manually, and the tools used to gather software-installation data for an environment typically can provide all the information needed for a hardware inventory.

The tools used will vary depending on the types of software being run in the environment and on the way that the IT resources are configured. For example, an “agentless” tool – which consists of a centralized installation that uses communication protocols to remotely gather information from other machines on a network – may be the best choice for companies that have relatively simple networks with limited numbers of domain-administrator-level credentials that can be used to access all connected devices. Agentless tools usually are less expensive and easier to deploy than other kinds of solutions. Microsoft’s MAP Toolkit is a free, agentless tool and is one of the most widely used solutions for gathering information regarding Windows-based environments. Spiceworks is another, popular, agentless tool.

However, in some cases, an agentless tool may be a bad fit. Some environments may be based on global deployments residing within multiple different domains that do not share a common set of administrative credentials. Alternatively, it may be necessary for an environment to be highly segmented for security reasons, with that segmentation effectively preventing an agentless tool from gathering information from resources in other segments. In these circumstances, an “agent-based” tool – consisting of a centralized management console and multiple, small “agent” installations on each computer deployed within an environment – may be a better fit. In that scenario, the agents typically do a more thorough job of gathering information regarding the machines where they are installed and often can be used to remotely manage those machines in addition to simply gathering data. Furthermore, agent-based tools can take advantage of encryption technology and a wider variety of communication protocols to avoid the kinds of network-configuration obstacles that may prevent agentless tools from providing meaningful information. Unfortunately, all of that functionality comes at a cost, as agent-based tools often are much more expensive and much more difficult to successfully install and configure. Ivanti IT Asset Management (formerly known as LANDESK) is a very popular agent-based tool. IBM’s License Metric Tool is another well-known (perhaps infamous) agent-based tool that may be required for companies using certain kinds of IBM software in certain kinds of environments.

Some smaller companies may not want to invest the capital or resources to deploy an IT asset discovery tool but still may not want to rely on manually-maintained inventories. In those circumstances, it may be feasible to gather information using scripts or system queries that provide the same kind of information as automated tools, but via an ad hoc process. In Windows-based environments, PowerShell queries can deliver a wealth of information regarding machines residing with the same Active Directory architecture and also regarding the users accessing those machines. System queries also play an important role in environments running Oracle software. Oracle’s License Management Services (LMS) auditors have identified a number of “verified” third-party tools capable of gathering information useful for managing Oracle license compliance. However, the most common way to gather Oracle usage data (and the way preferred by Oracle LMS) is via a set of proprietary scripts and queries that are made available during an Oracle audit. Unfortunately, Oracle LMS does not make the full set of tools publicly available, though Oracle does offer a free Database Option and Management Pack Usage script here.

In addition to the primary discovery tool, companies also should identify a secondary source of information regarding the devices running within their networks. The purpose of this kind of secondary source is to provide a means to measure the completeness of the primary inventory. If there are machines identified in the secondary inventory that are not being captured by the primary inventory tool, then a company knows either that the secondary inventory is over-inclusive and needs to be cleaned up or (more critically) that the company needs to continue deploying or configuring the primary tool to capture all of the company’s computers. Given the limited purpose of the secondary inventory, it may consist of reporting out of a variety of different tools or systems and really needs to consist only of a list of machines and (preferably) the operating systems running on those machines. There are a number of Active Directory queries that can be used in order to generate such a list. Other possible sources of information are lists of machines managed by an anti-virus solution or lists of machines identified within procurement or change-management systems.

Finding the right discovery tool for an IT environment can be a time-consuming and even expensive undertaking, but it is an important one. Most companies need to have a software-based tool for gathering the information required to maintain compliance with their license agreements. However, it also is important to keep in mind the fact that no tool is a silver bullet for compliance. All tools must be periodically tested on a regular basis to ensure that they are working properly. Furthermore, while many tools offer license-management functions, those functions face a dynamic obstacle in the form of software publishers’ ever-evolving license metrics and rules. In order to ensure compliance, it always is necessary to reconcile inventory data against the most current iteration of those rules, and that analysis may need to be a manual one.

Akerman LLP has added intellectual property partner Caroline Mankey and commercial litigation partner Kanika Corley in the firm’s Los Angeles office.

They join from Sedgwick LLP, where Mankey chaired the Intellectual Property, Media and Entertainment Group.

In a release, the firm said the lawyers join Akerman’s Los Angeles team at a time when it has more than doubled in size since 2015 to 32 lawyers. In recent months, the office relocated to the CalEdison DTLA to accommodate continuing growth.

“Caroline and Kanika are highly skilled lawyers who bring important depth to our intellectual property and commercial litigation team in Los Angeles and nationwide,” said Lawrence Rochefort, chair of the Litigation Practice Group. “We look forward to making even greater contributions to our clients through their comprehensive knowledge of the entertainment, arts, fashion, retail, sports and technology sectors.”

“Caroline and Kanika add great value to Akerman’s national IP and litigation platforms, as we expand our Los Angeles presence to meet the growing needs of our clients,” said Sue Zabloudil, Los Angeles office managing partner. “In Los Angeles and nationwide, we remain focused on making Akerman a place where clients benefit from a diversity of ideas and experiences essential to advance their goals as well as our culture of collaborative innovation.”

Caroline Mankey
Mankey is a trial lawyer representing clients in intellectual property matters in the entertainment, arts, fashion, retail and technology sectors. She focuses her practice on copyright, trademark, trade secret, design patent, licensing and other contract rights, and rights of publicity disputes. Her entertainment clients include motion picture studios and production companies, actors, comedians, television personalities, and artists.

Mankey is recognized among the National Law Journal’s 2017 list of Intellectual Property Trailblazers and among the Daily Journal’s 2017 Top Intellectual Property Lawyers in California. She serves as chair of the Women Who Lead Board for the Association of Media and Entertainment Counsel and as a board member of Female Executives in Media and Entertainment.

Kanika Corley
Corley has a business and entertainment litigation practice. Her clients include multimedia companies, musicians and other creatives, professional athletes, fashion brands, wine manufacturers, and hotels. She focuses her practice on commercial disputes as well as soft intellectual property litigation and prosecution for clients in the media, entertainment and sports sectors.

Corley was named to the National Bar Association’s Top 40 Under 40 Nation’s Best Advocates list. In addition to her practice, she serves as an adjunct professor for the University of Southern California’s Gould School of Law.

Mankey and Corley are the latest lateral partners to join the Los Angeles team. Other recent additions include consumer financial partner Kathleen “Kitty” Ryan, a former Deputy Assistant Director for the Consumer Financial Protection Bureau’s Office of Regulations, and real estate transactional associate Christopher Muno, who represents operators, developers and investors in connection with the formation and structuring of real estate joint ventures and other investment vehicles.

Shareholder Steven D. Di Saia has joined Buchalter as a member of the Litigation and Products Liability Practice Groups in the Los Angeles office. Di Saia focuses his practice on the defense of mass and catastrophic injury claims, mass and complex tort litigation, and products liability litigation.

“As we kick off the New Year, Buchalter’s growth will continue to be at the forefront of our initiatives in 2018. Steven adds a wealth of experience to our growing Litigation and Products Liability Practices. We are delighted to welcome him to the Firm,” said Adam J. Bass, President and Chief Executive Officer of Buchalter.

In a release, the firm said his experience includes advising clients on matters relating to complex tort litigation concerning environmental liability, toxic exposure, injury, fraud, and unfair business practices. Di Saia represents clients in industries including pharmaceutical, construction, environmental, food and beverage, healthcare, electrical and electronics.

Di Saia earned his J.D. from the University of California, Hastings College of the Law, and his B.A. from the University of California, Berkeley.

“I am very excited to be joining Buchalter’s robust Litigation and Products Liability Practices. Buchalter possesses a multitude of Practices and valuable resources that will allow me to best serve my clients,” said Di Saia.

Andrew Cardonick has joined Sidley Austin LLP in Chicago as a partner in its Global Finance practice.

Cardonick formerly co-chaired the finance practice at Greenberg Traurig, LLP. He focuses his practice primarily on the representation of commercial banks, business development companies and other nonbank financial institutions, as well as select private equity funds.

In a release, the firm said Cardonick advises clients in connection with sponsored and non-sponsored asset-based, cash flow, split lien, unitranche, second lien, and unsecured syndicated, club and single bank credit facilities throughout the U.S. and internationally. He represents lending clients in restructurings and workouts throughout the country. Cardonick also is involved in various finance and restructuring topics, including debtor-in-possession financings, cash collateral, substantive consolidation, fraudulent conveyance and other structuring issues.

“Due to significant competitive and regulatory developments within the global finance industry, both traditional and non-traditional lenders are looking for guidance in navigating complex transactions,” said Craig Griffith, member of Sidley’s Executive Committee and its Global Finance practice. “We are pleased to welcome Drew to the firm as his considerable experience, particularly in lending and restructuring, will expand Sidley’s finance capabilities to support our clients engaging in deals within this changing environment.”

NAVEX Global will present a complimentary webinar on recent and anticipated enforcement and regulatory changes as they relate to third-party risk.

The online event will be Thursday, Jan. 25, at 1 p.m. EST / 10 a.m. PST.

Michael Volkov, renowned FCPA and third-party due diligence expert, will help participants learn about new FCPA policies and DOJ advice, data privacy regulations coming in May and more.

Participants also will learn what’s ahead in the world of anti-bribery, corruption and third-party risk management efforts.

Anyone who can’t watch the live online event may register to receive a recording of the webinar afterwards.

Register for the webinar.

Above the Law reports that Ogletree, Deakins, Nash, Smoak & Stewart nonequity shareholder Dawn Knepper has hit her employer with a $300 million purported class-action suit alleging gender discrimination and unequal pay.

In her complaint, Knepper alleges: “Through formal policies and widespread practices, [Ogletree’s] male leadership interferes with, limits, or prevents female shareholders from receiving the appropriate credit for the business they bring to the firm and their hard work in running complex and demanding cases day-to-day.”

Kathryn Rubino writes that the complaint also alleges that on average, women shareholders make  to to $110,000 less than their male counterparts. And the complaint notes that while women represent about 58 percent of associates at Ogletree, a mere 32 percent of shareholders are women.

Read the Above the Law article.

A group of 22 Democratic state attorneys general, including those from California and New York, filed a lawsuit Tuesday seeking to block the Federal Communications Commission’s repeal of tough net neutrality rules for online traffic, according to The Los Angeles Times.

The AGs’ complaint argues that the vote last month by the Republican-controlled FCC was an “arbitrary and capricious” change to regulations, writes reporter Jim Puzzanghera.

“The repeal of net neutrality would turn internet service providers into gatekeepers, allowing them to put profits over consumers while controlling what we see, what we do and what we say online,” said New York Atty. Gen. Eric T. Schneiderman, who is leading the suit.

Read the LA Times article.