Fox News’ General Counsel, Under Legal Siege, Takes Leave From Network

Fox News general counsel Dianne Brandi will take an unspecified leave of absence from the company, in the latest sign of fallout from the network’s long-running sexual harassment scandal, reports The Washington Post.

Brandi has been named in four lawsuits filed by former Fox employees or contributors alleging harassment. And a federal investigation into Fox News’ financial practices began to focus on her role during the long tenure of its co-founder and former chairman, Roger Ailes, sources told the Post. Investigators are looking into payments made under Ailes to employees who had accused him and other executives of harassment or mistreatment.

“Brandi could prove to be a key figure in the investigation because of her long and close association with Ailes, who was ousted from Fox last year amid harassment allegations and died in May,” writes reporter Paul Farhi. “She may have direct knowledge of some of his more secretive and allegedly sinister management practices, people who are involved in the investigation said.”

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Oil Majors Face Lawsuits on Climate Change Issues

Two major Californian cities — San Francisco and Oakland — have filed lawsuits against five oil and energy super majors September, according to Zacks Equity Research.

The cities have taken legal action against Chevron Corp., ConocoPhillips, Royal Dutch Shell plc, ExxonMobil Corp. and BP p.l.c.

“The companies have been accused of causing an adverse impact on the climate, resulting in global warming. The plaintiffs hold these fossil fuel companies accountable for rising sea levels, changing landscapes, higher global temperatures and increased risk of storms and droughts,” Zacks reports.

The plaintiffs allege that the defendants continue to produce and market products that contribute to climate change and rising sea levels.

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Why Lawyers Won’t Be Replaced By Smart Contracts

Gary J. Ross, writing for Above the Law, takes a look at the potential impact that the use of smart contracts will have on the legal profession.

He offers reassuring prospects: “The smart contract carries out what it is programmed to do, and that’s it. It doesn’t think independently, nor does it provide any reasoned analysis.”

“A smart contract is best for carrying out the simple “if thens” of the agreement. Basically, the first page of the term sheet,” he writes.

Ross is a partner at Ross & Shulga PLLC.

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Will the Supreme Court End Employment Contract Arbitration Clauses?

Employment contractThe validity of arbitration clauses in employment contracts is unclear and is now before the U.S Supreme Court, points out Mary An Couch in Bradley Arant Boult Cummings LLP’s Labor & Employment Insights blog.

The Supreme Court heard oral argument in National Labor Relations Board v. Murphy Oil, USA, Inc. and two other consolidated cases about whether such clauses violate the National Labor Relations Act (which governs employer-employee relations) or whether the Federal Arbitration Act (which governs arbitration agreements) trumps the NLRA, she writes.

The relevant cases being considered are from the 5th Circuit, which found the arbitration clause did not violate the NLRA, and the 7th and 9th circuits, which found similar clauses unenforceable.

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2017 AIA Contract Documents Update

Cozen O’Connor has published an update that reviews the new construction contract documents adopted by the American Institute of Architects (AIA).

” In 2017, AIA updated some of its core documents, including the A102 (Standard Form Agreement Between Owner and Contractor), A201 (General Conditions of the Contract for Construction), and B101 (Standard Form Agreement Between Owner and Architect), among others,” the client alert states.

“Because of the widespread use of these forms on construction projects, it is important for industry professionals to be aware of the 2017 revisions to allow for efficient review and finalization of contract documents without running the risk of overlooking a critical change.”

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Trump’s Legal Team Isn’t Playing Well Together

Tensions have been building since lawyer Ty Cobb joined the White House legal team last summer to deal with the Russia investigation, reports Bloomberg Law.

At first, the cracks in the team showed up when Cobb tried to use some lawyers from the staff of White House counsel Donald McGahn. McGahn didn’t cooperate with that plan, so Cobb had to build a team from scratch, report Tom Schoenbert and Shannon Pettypiece.

“While Cobb seeks to have the probe resolved as quickly as possible, McGahn wants to cooperate with Mueller while ensuring that decisions made now don’t box in Trump down the road or bind future presidents, says a person familiar with the investigation. McGahn’s lawyer, William Burck, says his client hasn’t tried in any way to block Cobb’s efforts,” the reporters write.

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Feds Accuse Georgia GC of Helping Orchestrate Client’s Ponzi Scheme

A civil complaint filed by the U.S. Securities and Exchange Commission alleges that the general counsel for Credit Nation Capital was an “active participant” in fleecing elderly and unsophisticated investors out of their savings, reports the Atlanta Journal Constitution.

Reporter Johnny Edwards writes that Celello is accused of fraud, aiding and abetting and routing investors’ money into his own pocket.

Last year a federal judge effectively dismantled a Credit Nation network of investment companies, subprime auto loan businesses and limited liability companies, and a court-appointed receiver is currently trying to return some $10 million to dozens of investors who lost an estimated $61 million, according to Edwards.

Read the Journal Constitution‘s article.

 

 

 




New Ranking Pegs Duke As World’s Top Law School

Image by SElefant

Times Higher Education has posted its latest rankings of the world’s 100 top law schools, and five American universities are in the top 10.

Leading the list is Duke University, followed by Stanford and Yale.

The highest ranking non-U.S. law school is the University of Cambridge in the UK, at number 5.

Thirty American law schools made the list, while the United Kingdom had 23. Other countries with schools in the top 100 were Australia, Belgium, Canada, Chile, Denmark, Finland, Germany, Hong Kong, Israel, Italy, Netherlands, Norway, Singapore, South Africa, Spain, Sweden and Switzerland.

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Onit to Unveil Contract Lifecycle Management at ACC

Onit will unveil its Contract Lifecycle Management (CLM) solution at the 2017 ACC Annual Meeting in Washington, DC,, Oct. 16-18.

The company is offering 30-minute demonstrations to show how the new solution can manage the entire lifecycle of contracts — from origination to execution, storage, administration and renewal.

Some unique features include:

  • A clause library with various clause-level controls to help drive workflow with the legal department
  • Version control and negotiations management to allow multiple parties to manage versions during the redlining process
  • Contract authoring functionality that gives users the ability to build custom contracts with clauses from a clause library

Simply fill out the form below and let us know when you can join us in our demo room on the exhibit floor.

We are also scheduling demos of our other offerings (ie. legal e-billing, matter management, legal holds, legal service requests, NDA management, etc).

Download our whitepaper “Simple Contract Management” (direct PDF download) to learn more.

 

 




Nine at Ware Jackson Recognized By 2017 Super Lawyers

Nine lawyers at Ware, Jackson, Lee, O’Neill, Smith & Barrow LLP have been recognized by Thomson Reuters Texas Super Lawyers in 2017, the firm announced.

The lists are compiled by using a multi-phase selection process based on peer recognition and professional achievement.

At Ware Jackson, this year’s Super Lawyer honorees include Don Jackson and Paul Smith for business litigation, Tim Lee and Eileen O’Neill for appellate law, and Dennis Barrow for construction litigation. Partners Tim Lankau, Wes Jackson, and Tyler Henkel, as well as associate Michelle Meriam were recognized as Rising Stars.

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Company Organizational Charts: Quick Tips for Lawyers

A corporate organizational chart is more than a pretty picture, writes Mark Little for Berkman Solutions.

In a new article on the Berkman website, Little explains the difference between company and management organizational charts, discusses the challenges of company organizational charts, and explains how to make a company organizational chart.

He also discusses the three benefits of company organizational charts:

1. Displays information density: large amounts of ownership data are available as a single graphic.

2. Reveals corporate tracking failures: each entity should be in the lawyer’s legal entity management system.

3. Improves client relationships: both corporate counsel and outside business lawyers need effective ways to communicate with clients. Org charts are a rare, meaningful visualization of legal data for clients.

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Trial Lawyer Talmage Boston Joins Shackelford, Bowen, McKinley & Norton

Trial lawyer Talmage Boston has joined the business and entertainment law firm Shackelford, Bowen, McKinley & Norton, LLP, as a partner in the Dallas office.

Boston has trial and appellate experience in dispute resolution in commercial transactions, and is counsel of record in 27 published opinions. He also is a former Chair of the Litigation Section of the State Bar of Texas and chair of the Business Litigation Section of the Dallas Bar Association.

“Talmage is a superb addition to our team, and our clients will greatly benefit,” said founding partner John Shackelford. “Talmage has successfully tried jury cases and argued appeals in numerous state and federal courts across Texas. He is a person of impeccable character whose superior knowledge will complement our team of distinguished business litigators.”

In a release, the firm said Boston, whose practice includes arbitration and mediation, has jury trial experience in consumer protection, real estate, energy, business fraud, banking, construction, intellectual property, condemnation and contractual cases. He joined Shackelford after 20 years as a member of Winstead PC’s business litigation team.

“I’m enthusiastic about joining Shackelford’s robust practice where the lawyers view themselves as counselors as much as attorneys,” said Mr. Boston. “That perfectly fits my perspective of helping clients take control of their legal issues and plan for success.”

Boston has been a speaker on a variety of litigation ethics topics at law seminars in Texas and across the country. He has been board certified by the Texas Board of Legal Specialization in Civil Trial Law since 1988 and in Civil Appellate Law since 1991, and has been selected to the Thomson Reuters’ Texas Super Lawyers list each year since 2003 and to the Best Lawyers in America list since 2013.

A prolific writer, he is the author of the books Cross-Examining History: A Lawyer Gets Answers From the Experts About Our Presidents (with a foreword by Ken Burns), Raising the Bar: The Crucial Role of the Lawyer in Society (foreword by Former U.S. Attorney General Dick Thornburgh), 1939: Baseball’s Tipping Point (foreword by John Grisham) and Baseball and the Baby Boomer (foreword by Frank Deford). He has also written 75 op-ed pieces and book reviews for the Dallas Morning News and the Dallas Business Journal.

 

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Dallas Attorney Clayton Bailey Named Benchmark Litigation Star

Trial and appellate attorney Clayton Bailey, co-founder of Dallas-based litigation boutique Bailey Brauer PLLC, has earned recognition for a fourth consecutive year as a “Local Litigation Star” in the Benchmark Litigation guide to the nation’s top lawyers.

Bailey was named among the leading attorneys in Texas for his general commercial litigation practice. He was also selected for his professional liability practice, competition and securities-based litigation and his international arbitration work. The 2018 edition of Benchmark Litigation was compiled after months of peer review, client-based research and a review of attorney casework.

“Earning recognition from Benchmark Litigation is certainly an honor, not only for me, but also for our firm,” said Bailey. “It serves as a strong indicator that our commitment to our clients has not gone unnoticed.”

Bailey was also recently selected to join the invitation-only National Trial Lawyers’ Top 100 civil plaintiff lawyers in Texas. Membership is extended to only those attorneys who exemplify superior qualifications, trial results and professional leadership.

Founded in 2013, Bailey Brauer has won multiple individual and firm recognitions from BTI Consulting Group, the National Law Journal, The Best Lawyers in America, Texas Super Lawyers and D Magazine.

 

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Thomson Reuters Report Highlights Legal Departments’ View of Tech, AI

Two-thirds of in-house attorneys are confident and ready to try new technology, according to a new Thomson Reuters report, “Ready or Not: Artificial Intelligence and Corporate Legal Departments.” The report measures the perceptions of more than 200 in-house attorneys regarding their use of artificial intelligence (AI) and the perceived benefits and concerns once adopted.

“There is this lingering fear among some of our survey participants that AI will possibly replace lawyers,” said Mark Haddad, head of the Corporate segment for Thomson Reuters. “But technological advances in the legal industry have always focused on evolving the business and practice of law and improving how legal professionals work and process information. While tasks may be managed by a new technology, the work that lawyers perform — the work that only a lawyer can do — will not be outsourced to machines. And new timesaving or data-crunching technologies will act as facilitators to corporate in-house professionals to better serve their business.”

The report notes that more than half (56%) of in-house attorneys either perceive that AI technology is not used or are not yet familiar with the use of AI technology in their legal department. And for others, there is skepticism about its reliability and cost-effectiveness. Despite the unknown, some in-house attorneys surveyed envision AI as being beneficial in increasing efficiency (17%), reducing costs (13%), minimizing risk (7%) and supporting document review (6%).

One key area where AI may be applied for legal departments is in understanding their own data better. Nearly two-thirds of those surveyed said they have access to data regarding outside counsel and legal costs, yet less than half (49%) feel they are effectively using this data. Additionally, only 14 percent believe their department is using data to more effectively deliver legal services.

The top concern among respondents in using AI was cost (19%), as the mantra of doing more with less and budget constraints were key factors to adoption. Reliability (15%) was another concern, especially in areas of ethical considerations and confidentiality. A third concern is a constant with any new technology or process: change management (9%).

According to the report, legal departments aren’t the only ones wrestling with the impact and implications of AI. Technology companies are reassuring workers across all industries that AI is intended to augment employees’ capabilities, not replace them.

“It’s clear that corporate counsel are comfortable with technology and accustomed to incorporating new technologies into their practices,” added Haddad. “In-house attorneys must ensure that the potential perceived hurdles, like cost and reliability, don’t prevent them from realizing the potential of AI to transform legal departments. Besides, corporate counsel have already been using sophisticated AI tools in some of their mainstream workflows, such as legal research, for years.”

 

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Equifax Breach Caused by Lone Employee’s Error, Former CEO Says

Cybersecurity - hacking - hackerThe Equifax data breach happened because a single employee failed to implement software fixes, the company’s former chief executive told members of Congress on Tuesday.

The New York Times reports that Richard F. Smith, who stepped down last week, repeatedly apologized to the members of the House Energy and Commerce Committee — and the American people — for the security lapse.

“Angry members of the committee tore into Mr. Smith and pressed him on how a credit bureau of Equifax’s size, responsible for safeguarding billions of sensitive records on Americans’ financial lives, could have allowed so much data to escape, unnoticed,” write Tara Siegel Bernard and Stacy Cowley.

Read the NYT article.

 

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Yes, Overtime Laws Apply To Law Firms

A pair of lawsuits allege two Florida law firms failed to pay administrative workers proper overtime wages in compliance with the Fair Labor Standard Act, reports Above the Law.

Reporter Kathryn Rubino explains: “Brandi Durrett, a case manager, is suing personal injury firm The Disparti Law Group and its founder, Lawrence Disparti over unpaid overtime wages. Jayne Hinkle, an office manager, is making similar claims against The Jodat Law Group and partner Gary Jodat.”

Plaintiffs claim their employers would use various methods to circumvent overtime compensation requirements.

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CBS Fires Legal Counsel Over Facebook Comments on Vegas Shooting

CBS fired a a senior legal counsel after she criticized some victims of the Las Vegas mass shooting as “Republican gun toters” who did not deserve sympathy, reports The Washington Post.

“Hayley Geftman-Gold, who was a vice president and senior legal counsel at CBS in New York, also wrote on Facebook that she had no hope that Republicans — whom she called ‘Repugs’ — would ever take action and ‘do the right thing’ if they didn’t do anything when children were murdered, an apparent reference to the December 2012 Sandy Hook shooting that left 28 people dead, including 20 children, killed inside their elementary school in Connecticut,” writes Mary Hui.

CBS confirmed firing Geftman-Gold and called her comments on social media “deeply unacceptable.”

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Restructuring Partner Joins Thompson & Knight in New York

Patrick J. Trostle has joined has Thompson & Knight LLP as a partner in its New York office in the Bankruptcy and Restructuring Practice Group.

“With 25 years of experience, Patrick will add immediate depth to our nationally recognized Bankruptcy and Restructuring Practice. He will spearhead our distressed investing practice in New York City,” said David M. Bennett, the Firm’s Bankruptcy and Restructuring Practice Leader. “Patrick’s leadership skills and experience will complement our existing New York presence and position us to better service our clients. We simply are delighted to have him on our team.”

Trostle focuses his practice on complex restructuring and Chapter 11 reorganizations, including litigation related to troubled or insolvent businesses.

In a release, the firm said:

He has extensive experience in cross-border restructurings and in the evaluation and acquisition of distressed debt, assets, and businesses. He has represented a number of the world’s largest hedge funds in a variety of matters, including disputes involving mortgage-backed securities, derivatives, and other structured products. He has been involved in a number of landmark bankruptcy cases, including as appellate counsel in multiple cases before the United States Supreme Court. Notably, Mr. Trostle served as a team leader in the representation of the court-appointed examiner in the Lehman Brothers bankruptcy case, and as co-debtor’s counsel in the General Motors Chapter 11 case regarding the sale of its assets to a newly formed entity sponsored by the United States Treasury.

Recognized for his legal work, Mr. Trostle has been selected for inclusion in New York Metro Super Lawyers® by Thomson Reuters (2010-2017) and The Legal 500 U.S. by Legalease (2013). Mr. Trostle is the Former Vice Chairman of the Business Bankruptcy Trust Indenture Subcommittee of the American Bar Association and a member of the Advisory Board of the Commercial Law Centre for Harris Manchester College – University of Oxford. He was recently appointed Chair of the Advisory Board for the Institute of Transnational Commercial Law at Queen Mary University of London. He often speaks on issues related to insolvency, restructuring, and bankruptcy.

Mr. Trostle has received several awards for his pro bono representation of a United States charity operating in Rwanda, a project that created the largest grid-connected solar field in east Africa. The National Law Journal recognized his efforts on its “Pro Bono Hot List.” His work was also honored by American Lawyer with its Global Legal Award for Citizenship and by the Financial Times in its North American Innovative Lawyers report as a “standout” – the publication’s highest rating.

Mr. Trostle received a J.D. from Vermont Law School in 1992 and a B.A., with highest honors, from Trinity College in 1989. He also attended the University of Oxford, and he served as a law clerk for the United States Bankruptcy Court in the Southern District of New York.

Prior to joining Thompson & Knight, he was a partner at an international law firm in New York and served as Chair of its New York Restructuring and Bankruptcy Practice. Mr. Trostle is admitted to practice in New York and Connecticut.

 

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Blank Rome Adds Insurance Recovery Team in Los Angeles

Blank Rome LLP announced that Linda Kornfeld, David Thomas and Julia Holt have joined the firm’s Los Angeles office in the Insurance Recovery group.

Kornfeld joins as partner and vice chair of the group, Thomas joins as partner, and Holt joins as of counsel. The team comes to Blank Rome from Kasowitz Benson Torres LLP, where Kornfeld was the Los Angeles office’s managing partner. The move to Blank Rome also reunites Kornfeld with Jim Murray, Chair of Blank Rome’s Insurance Recovery practice, and a number of her colleagues who joined Blank Rome from Dickstein Shapiro in February 2016.

A release from the firm continues:

“We are thrilled to welcome Linda, David, and Julia to Blank Rome,” said Alan J. Hoffman, Chairman and Managing Partner. “With more than 25 years of experience, Linda is one of the top insurance recovery litigators—both on the West Coast and nationally. She and her team are highly regarded and respected in the industry, and have achieved unmatched results on behalf of their corporate policyholder clients. Our Insurance Recovery group and our Los Angeles office have experienced impressive growth over the past several years, and we’re confident that Linda, David, and Julia will be excellent additions to the team.”

“I have known Linda for 15 years, and am so happy that she, David, and Julia – who is also a Dickstein Shapiro alum – are joining us at such an exciting time,” said Jim Murray, Chair of Blank Rome’s Insurance Recovery practice. “In less than two years at Blank Rome, our insurance recovery team has had the opportunity to solidify our position as one of the leading practices in big law in terms of size, experience, and capabilities. Having Linda back on the team, along with her top-notch colleagues, enhances our national practice in unparalleled ways.”

“Joining Blank Rome is such an incredible opportunity for me and my team,” said Ms. Kornfeld. “Personally, I could not pass up the chance to rejoin my former colleagues from Dickstein Shapiro, for whom I have so much respect. David, Julia, and I are impressed with what Blank Rome’s insurance recovery team has accomplished in a short period of time, making it the go-to practice that it is today. I am excited to lead the charge of building the practice on the West Coast, while providing our clients with the benefit of this expanded national bench of leading insurance recovery lawyers. Equally as important, I am looking forward to continuing my career-long focus on women’s leadership and advancement efforts with my new colleagues throughout Blank Rome, who have a shared passion for and commitment to these important issues.”

Linda D. Kornfeld, Partner and Vice Chair, Insurance Recovery Practice Group
Ms. Kornfeld has dedicated her trial and appellate practice to representing companies in high-stakes insurance coverage litigation for over 25 years. She has focused extensively on claims involving property and weather-related business interruption issues, data breach and privacy issues, and professional liability, asbestos, and environmental liabilities. Her clients include telecommunications companies, universities, real estate developers, manufacturers, and nonprofit organizations. She also provides strategic counseling to senior executives and in-house counsel on how to mitigate risk and maximize their insurance recoveries.

Ms. Kornfeld is considered one of the nation’s leading insurance recovery litigators by Chambers USA, which describes her as “valued by clients as a ‘very thorough and prepared lawyer’ with a deep level of insurance expertise across a broad range of coverage areas. She is praised for the quality and practical applications of her advice, as well as her oral advocacy, which one client describes as ‘professional, economical, very direct and matter-of-fact.’”

Ms. Kornfeld is named one of California’s “Top 100 Women Lawyers” by the Daily Journal, a “Litigation Star” and one of the “Top 250 Women in Litigation” by Benchmark Litigation, and a 2016 “Woman Worth Watching” by Diversity Journal, a recognition highlighting women based on their trailblazing strategies that make a difference in their workplace, the marketplace, and the world at large. Focused throughout her career on women’s leadership and advancement in the legal industry and other professions, she also serves as a West Coast leader of the Women’s Leadership and Mentoring Alliance and frequently speaks and writes on women’s issues.

Admitted to practice in California, Ms. Kornfeld received her J.D., with honors, from George Washington University Law School, and her B.A. from the University of California at Los Angeles.

David A. Thomas, Partner
Mr. Thomas has an insurance recovery, complex commercial litigation, and consumer litigation practice that includes contract disputes, unfair competition and trade practices claims, and insurance recovery litigation. He has particular experience representing and counseling policyholders in both litigation and non-litigation matters relating to a broad array of commercial insurance lines, including cybersecurity and privacy, commercial general liability, umbrella, D&O, bankers professional liability, employment practices liability, and first-party property and business interruption. Mr. Thomas’ practice extends to representing and counseling consumers and individual policyholders harmed by fraudulent and unfair practices in the sale of life and health insurance products and insurance-related transactions.

Mr. Thomas serves as a member of the American Bar Association’s Section of Litigation Insurance Coverage Litigation Committee.

Admitted to practice in California, Mr. Thomas received his J.D. from Harvard Law School and his A.B., with departmental honors and distinction, from Stanford University.

Julia K. Holt, Of Counsel
Ms. Holt focuses her practice on representing insureds in complex insurance coverage and other disputes. Her experience includes both first-party and third-party insurance disputes involving claims for copyright infringement, misappropriation of likeness/right of publicity, trade disparagement, class action securities fraud, Department of Justice and grand jury investigations, actuarial malpractice, class action predatory lending, class action right-of-way/trespass, class action property and environmental damage, class action toxic tort, personal injury/class action mass tort, insurance broker-agent liability, and reinsurance. She also has significant experience in patent infringement, unfair competition, and antitrust litigation. Ms. Holt’s clients include Fortune 500 companies, technology corporations, healthcare corporations, entertainment studios, film and television production companies, and individual talent in the entertainment and sports industries.

Ms. Holt is actively involved in pro bono work and has completed numerous adoptions for foster children in Los Angeles County. In addition, she has represented foster parents in administrative hearings to obtain the state benefits to which they are entitled.

Admitted to practice in California, Ms. Holt received her J.D. from Georgetown University Law Center and her B.A. from the University of California at Los Angeles.

 

 




Clyde Siebman Named Dallas/Fort Worth Patent Trial Lawyer of the Year

Texas trial attorney Clyde M. Siebman has earned selection as the Dallas/Fort Worth Lawyer of the Year for patent trials in the 2018 edition of The Best Lawyers in America. His selection is based on nominations from attorneys throughout the D/FW area, including the Eastern District cities of Plano and Sherman.

Siebman is the founder of Siebman, Burg, Phillips & Smith, LLP, which maintains offices in Plano, Sherman and the other Eastern District cities of Marshall and Tyler. He is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization, and has appeared as counsel in more than 400 federal court cases during his career.

In addition to his patent litigation expertise, Siebman also is recognized in Best Lawyers for his extensive work in commercial litigation, copyright law, and trademark law. He was named D/FW’s top patent litigator after earning the highest overall ranking from other local trial attorneys who handle patent cases.

Read about the award.