Steve Mostyn, a top Democratic donor and prominent Houston trial lawyer who made his fortune suing insurance companies on behalf of homeowners after hurricanes, has died at 46.

Amber Mostyn, his wife, released a statement saying her husband died after “a sudden onset and battle with a mental health issue.” She did not disclose the cause of death,” reports The Texas Tribune.

KTRK, the Houston ABC television affiliate, reports that Mostyn died at his home Wednesday night, and, according to authorities, he took his own life.

Tribune reporters Morgan Smith and Jay Root write that Mostyn and his wife, also an attorney, have long been considered the state’s most powerful Democratic backers, spending millions on Democratic campaigns in Texas and beyond.

Read the Texas Tribune article.

Now even a pro bono client feels compelled to fire David Boies after revelations of the famed litigator’s role in attempting to hide Harvey Weinstein’s alleged history of sexual harassment and assault.

The Tampa Bay Times reports that the City of St. Petersburg, Florida, is heading toward ending its relationship with Boies.

Charlie Frago writes that Boies and his firm Boies Schiller Flexner had offered their services to the city in a challenge to Citizens United v. Federal Elections Commission, the 2010 U.S. Supreme Court ruling that removed restrictions on how much outside groups can spend on elections.

One city council member reacted to the revelations of Boies’ actions: “I find this reprehensible and will absolutely NOT vote to accept Boies’ offer to represent the city of St. Petersburg pro bono on the campaign finance issue.”

Read the Tampa Bay Times article.

Day Pitney LLP has announced that it has entered into an agreement to serve as pro bono outside general counsel for the International Spy Museum.

In a release, the firm said the museum, a 501(c)(3) non-profit organization located in Washington, DC, brings the world of intelligence to life – illuminating how it has changed the course of history and continues to play a significant role today. People from across the globe come to the Museum to explore an objective, unbiased account of the history of intelligence and espionage and to make better sense of current events and the world around them.

“Day Pitney’s presence in Washington is growing, and assisting the International Spy Museum in carrying out its mission gives our DC lawyers, as well as their colleagues in our other offices, the opportunity to contribute our expertise to an important educational institution in our nation’s capital,” said Stanley A. Twardy, Jr., the firm’s Managing Partner.

The release continues:

The International Spy Museum, which opened in Washington, DC on July 19, 2002, is the only public museum in the United States solely dedicated to espionage and the only one in the world to provide a global perspective on an all-but-invisible profession that has shaped history and continues to have a significant impact on world events.

The Spy Museum features the largest collection of international espionage artifacts ever placed on public display, many of which are being seen by the public for the first time. These artifacts illuminate the work of famous spies and pivotal espionage actions as well as help bring to life the strategies and techniques of the men and women behind some of the most secretive espionage missions in world history. For more information on the International Spy Museum, including their imminent move to their own building in DC’s growing Southwest quadrant, visit www.spymuseum.org.

Day Pitney attorneys Steven A. Cash and Evan C. Reese will lead the engagement, with Cash bringing his extensive national security and intelligence background to bear, while Reese contributes his long experience in providing counsel to corporations. “We are very excited to be working with the International Spy Museum, and look forward to introducing our clients to this fascinating institution,” said Cash.

Former Assistant U.S. Attorney Scarlett Singleton Nokes has joined Bradley Arant Boult Cummings LLP’s Nashville office as counsel.

“We are pleased to welcome Scarlett to the firm in Nashville,” said Bradley’s Nashville Office Managing Partner Lela Hollabaugh. “Scarlett brings extensive experience and a considerable track record as a prosecutor that will be of great value to our clients across all of the firm’s offices.”

A member of Bradley’s Government Enforcement and Investigations Practice Group, Nokes represents clients in a range of matters related to government investigations, white-collar criminal defense, regulatory and compliance issues, civil litigation and enforcement actions.

Nokes served as a federal prosecutor for more than 12 years, working in Nashville; Birmingham, Ala.; and Savannah, Ga. During that time, she led the investigation and prosecution of more than 200 cases involving a wide variety of crimes including fraud, money laundering, identity theft, tax offenses, and conspiracy under the Racketeer Influenced and Corrupt Organizations Act (RICO). She also represented the government in more than 20 trials, including the corruption trials of a sitting Birmingham mayor and a former Jefferson County (Ala.) commissioner. Most recently serving as a criminal healthcare fraud coordinator, Nokes was responsible for overseeing cases involving durable medical equipment suppliers, physician groups, transportation companies, pharmacies, and billing companies.

Nokes earned her J.D. from Harvard Law School and her Bachelor of Science (summa cum laude) from Birmingham-Southern College.

Barnes & Thornburg LLP has added Chuck Katz, a public finance attorney, to its Chicago office as a partner in the Government Services and Finance Department.

Katz has worked in the public finance arena for more than 30 years and focuses on the tax component of public finance transactions across the country. He serves in a variety of roles related to tax-exempt financing transactions, including as bond, underwriter’s, tax, issuer’s or borrower’s counsel.

In a release, the firm said:

Katz is experienced in virtually all types of bonds, including governmental, public power, single- and multifamily housing, airport and other transportation, solid waste and sewer, and small issue manufacturing, along with bonds issued for hospitals, colleges and other nonprofit organizations. He advises governmental and nonprofit organizations on the various tax law requirements related to bond-financed property, including use of proceeds, private use, arbitrage and rebate compliance.

“Chuck has a leading public finance and tax law practice that spans 25 states,” said Mark Rust, managing partner of Barnes & Thornburg’s Chicago office. “He’s joining an exceptional team that has long-standing relationships with clients at all levels of government, particularly serving the municipal finance market for both public and private projects.”

Additionally, Katz regularly counsels clients on tax law compliance matters, tax form preparation and filing, and the evaluation of management contracts and research agreements.

Katz earned his J.D. from Fordham University School of Law and his B.A. from Union College. Katz was previously a shareholder at Polsinelli.

Perkins Coie announced that Adam H. Schuman has joined the firm’s White Collar & Investigations practice group as a partner in the New York office.

Schuman has experience as a former general counsel, federal prosecutor, law firm attorney and federal law clerk. He joins the firm from the New York State Executive Chamber, where he served as Special Counsel for Public Integrity for Governor Andrew M. Cuomo.

In a release, the firm said:

A seasoned litigator with more than 25 years’ experience, Adam has been at the focal point of some of the most highly publicized investigations and cases in the country, including serving as lead prosecutor in a securities fraud and money laundering trial arising out of the boiler room depicted in the film “The Wolf of Wall Street,” managing as senior in-house counsel the defense of Standard & Poor’s against multiple domestic and international government investigations and private litigations coming out of the 2008 financial crisis and, as a member of Governor Cuomo’s senior staff, advising the Executive Chamber on ethics, risk and compliance matters. As a result of Adam’s efforts as a federal prosecutor, he was awarded the Director’s Award for Superior Performance from the U.S. Department of Justice.

“Adam is a highly respected and experienced litigator and trial attorney,” said Markus Funk, Chair of Perkins Coie’s White Collar & Investigations practice. “His prosecution and high-stakes defense background, coupled with his in-house and public sector experience, is an ideal match with our culture of professional excellence. We are excited to have him on our team.”

Before joining the Governor’s office in 2016, Adam began his career in public service as an Assistant U.S. Attorney in the Eastern District of New York. He then spent 12 years at McGraw-Hill/Standard & Poor’s, including as Executive Managing Director and Chief Legal Officer. The year prior to his tenure with the Governor’s office, Adam served as General Counsel for New York State Homes and Community Renewal, where he oversaw a legal team of more than 100 attorneys. Before that, Adam was a lawyer with the New York firms Paul Weiss and Corbin Silverman & Sanseverino and served as a law clerk to U.S. District Judge Loretta A. Preska in the Southern District of New York.

“Adam is admired by his peers nationally and in the New York legal market, and he brings an impressive list of credentials,” said Keith Miller, Managing Partner of Perkins Coie’s New York office. “As a former federal prosecutor, his addition complements the strategic growth of our New York office.”

Adam will focus his practice on representing and counseling companies through criminal and civil investigations and complex government, regulatory and compliance matters, including investigations by the U.S. Department of Justice, the Securities and Exchange Commission, the Commodity Futures Trading Commission, Senate and House committees and State Attorneys General. He earned his J.D., cum laude, from New York University School of Law and received his B.A., with Honors, from Swarthmore College.

Ware, Jackson, Lee, O’Neill, Smith & Barrow, LLP has been named in U.S. News and World Report and Best Lawyers list of “Best Law Firms for 2018.”

According to U.S. News and World Report, “Firms included in the 2018 ‘Best Law Firms’ list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.”

The firm received recognition for a variety of litigation areas, including construction, mass torts, commercial, labor and employment, environmental, and trusts and estates.

Read more about the recognition.

Jay Clayton

In its latest fiscal year, Wall Street’s top regulator sought the smallest amount of penalties since 2013, a drop that took place as the agency went months without permanent leadership and could show a softer approach to policing wrongdoing, Bloomberg reports.

“The U.S. Securities and Exchange Commission tried to obtain $3.4 billion in fines and disgorgement from companies and individuals during the 12 months ended in September, according to data collected by Urska Velikonja, a Georgetown University law professor,” write reporters Matt Robinson and Benjamin Bain. “The SEC filed 612 enforcement cases, also the fewest in four years, Velikonja’s research shows.”

Velikonja points out that since Jay Clayton — the former Wall Street deals lawyer appointed by Trump — took over as SEC chair in May, the agency has pursued just two sanctions against large financial firms. But in the same period a year earlier, more than a dozen big financial companies faced SEC sanctions.

Read the Bloomberg article.

Mercedes Colwin, managing partner of Gordon & Rees’s New York office and Fox News analyst, apologized for saying on a broadcast that women who claim to be victims of sexual harassment and assault usually do so for money, but she lost her management role anyway.

Newsweek reports that Colwin apologized on Twitter, saying she hadn’t meant to “trivialize or minimize the impact of sexual harassment on any victims. … I did not mean to imply, nor do I believe, that the victims of sexual assault within society are ‘very few and far between.”

Above the Law quoted from the firm’s statement: “The partner in question has voluntarily stepped down from all management roles within the firm and she is committed to rectifying the hurtful impressions created by her remarks.”

The firm’s statement also says:

[T]he organization in no way endorses or agrees with any statements which could even remotely be interpreted as minimizing or trivializing the seriousness and gravity of sexual harassment or similarly predatory behaviors, and we renounce them in the strongest possible terms – in fact, contrary to what may have been inferred from what was said during the telecast, the sad reality is that the number of women who likely have not been exposed to such repugnant conduct over the course of their personal or professional lives is, unfortunately, few and far between.

Read the Newsweek article.

Bloomberg Law reports that law firm performance dropped off in the third quarter, as demand softened and collections started to lengthen, according to a new report by the Citi Private Bank Law Firm Group.

The survey of 183 law firms found that revenue growth fell to 3.6 percent through the first three quarters, down from 3.7 percent at this time last year, writes Gabe Friedman. A Citi senior senior advisor said that the growth was driven by increased billing rates, and not demand or other factors, which may not bode well for law firms.

He also said that law firms increased billing rates by an average of four percent. That increase compares to a 3.2 percent rise at this time last year. It is more typical to see a 3 to 3.5 percent increase in billing rates, he said.

Read the Bloomberg article.

The National Association of Corporate Directors has published a complimentary article titled “Assessing the Ability to Change Culture,” providing a quick overview of best practices set forth in the Report of the NACD Blue Ribbon Commission on Culture as a Corporate Asset.

Most boards recognize that management’s actions create an organization’s culture, and that leaders should “walk the talk.” But few know what’s involved in assessing and changing culture in a rigorous, comprehensive, and data-driven way, NACD says on its website.

The article describes how boards should:

• Assess the company’s commitment to change along four key dimensions
• Oversee management in identifying and implementing needed interventions
• Seek to modify specific behaviors, not just instill values or tone from the top

Download the article.

NAVEX Global has published its 2017 Third-Party Risk Management Benchmark Report to document how practitioners are successfully conducting third-party risk management — including screening, monitoring and auditing techniques.

“Third parties can be unpredictable,” the company says on its website. “When managing hundreds or even thousands of third parties, keeping an eye out for red flags may seem a herculean task. Use the report to improve your own program outcomes, stop bad behavior in its tracks, and ensure you know how to spot the warning signs.”

The study, which includes information from more than 400 professionals, offers guidance on the approach to third-party risk management that organizations find most effective, how they are using outside providers to assist with third-party due diligence, if automated due diligence affects ROI, and more.

Download the benchmark report.

The New York Times lays out the plan the Trump team devised to fill the federal appeals courts with young and deeply conservative judges — a strategy that has started to show results.

Reporter Charlie Savage describes the plan: “Start by filling vacancies on appeals courts with multiple openings and where Democratic senators up for re-election next year in states won by Mr. Trump — like Indiana, Michigan and Pennsylvania — could be pressured not to block his nominees. And to speed them through confirmation, avoid clogging the Senate with too many nominees for the district courts, where legal philosophy is less crucial.”

He predicts that the consequence of the transformation of the judiciary will yield an appellate court system as ideologically split as Congress is today, after the Democrats regain power and use the same playbook.

Read the NYT article.

Courts in several states recently have addressed questions about post-production cost deductions in petroleum production, according to an on-demand webcast from Steptoe & Johnson.

In this webcast, Andrew S. Graham reviews the state of the play in the Appalachian Basin, as well as other oil and gas producing states, on the source of the deduction problem and where the states stand on this notoriously thorny issue.

Among the topics for discussion:

• What does the Leggett case mean for West Virginia producers in light of Tawney?
• Why did the Supreme Court of Ohio decide to not decide a case on post-production deductions?
• Has the marketable product rule reached a high-water mark in Colorado?

Watch the on-demand webinar.

Significant tools in the arsenal of strategies are contracts signed by the employee, but waiting until the employee departs is too late to start thinking about them, points out Spiwe L. Jefferson in an article on the website of the Association of Corporate Counsel.

In her article, she discusses contract considerations at the beginning of the employment relationship.

She covers confidentiality agreements and nonsolicitation agreements,. Under the “noncompete agreements” heading, she discusses limiting temporal scope, protecting legitimate interests, exempted professions, timing requirements, consideration, and geographic limits.

Read the article.

In an article in the Manufacturing Industry Advisor published by Foley & Lardner, Nicholas J. Ellis discusses six areas that generally are the most critical points to consider when it comes to drafting a supply chain agreement.

“By paying careful attention to the terms of its supply chain contracts, a company can help to mitigate its risks while at the same time maximizing the value of its supply chain,” he writes.

The areas he discusses are critical commercial terms, quantity, duration, early termination, warranties and disclaimers, and limitation of remedies and damages.

Read the article.

While the use of smart contracts is tempting, this silver bullet of efficiency and lower costs doesn’t come without potential problems, warns Gregg M. Jacobson of Chamberlain Hrdlicka in an article in Bitcoin Magazine.

Among the concerns he points out are: “First, will a court even consider a computer program to be a binding contract? Second, if disputes arise, where can the parties sue? Last, do the parties have to go to court, or is the less-expensive option of arbitration available?”

In his article, he discusses each of those points.

Read the article.

Image by Nick Youngson

Real estate lawyer Laura A. Drossman uses a handy acronym to illustrate some of the issues and some tips for tenants approaching lease negotiations in a commercial setting.

In her Linkedin article, she discusses six points, keyed to the acronym TENANT.

Those are term length, exit strategy, notice and cure periods, assignment and subleasing, net or gross: rental structures, and tenant improvements.

She writes that keeping those points in mind will help commercial tenants understand how to negotiate favorable lease terms to position themselves for success before signing.

Read the article.

Bruce Vincent of Muse Communications offers some advice for law firms that want to stand out in the upcoming new compilations of  best-lawyer lists.

The advice is particularly relevant for lawyers and firms in Texas.

First on the list is Best Lawyers in America, which Vincent calls the dean of top attorney lists, having been published for more than 30 years.

He also discusses the process for being included in the Texas Super Lawyers list, the Texas Rising Stars list, and D Magazine‘s Best Lawyers in Dallas.

The article also offers some advice for spreading the word after being honored, and how to stay in compliance with State Bar advertising rules.

Read the article.

Image by Mike Mozart

AT&T and the Justice Department could be on their way to a major court battle, which one analyst believes the company stands a strong chance of winning, CNBC reports.

AT&T’s wants to acquire Time Warner, but the government wants the company first to sell Turner Broadcasting, which includes CNN, or sell DirecTV. The company has made it clear that it has no intention of selling any of those assets.

“If this does go to court, we think AT&T holds a strong position and would likely prevail,” Paul Gallant, a Washington analyst at Cowen Research, said Thursday in a note to clients.

CNBC reporter Jeff Cox writes that Cowen believes the  company has three advantages that would give it an edge in its fight with the DOJ.

Read the CNBC article.