Former general counsel for PepsiCo Inc. Maura Smith is now the focus of an investigation by the SEC after she claimed she was fired in retaliation for the way she handled earlier internal probes concerning allegations of wrongdoing in Russia, according to a report at TheStreet.com.

The Wall Street Journal originally reported on the investigation.

Smith was Pepsi’s general counsel for little more than a year, until June 2012, when she was tasked with overseeing outside lawyers the company hired to investigate business practices with Wimm-Bill-Dann, a Russian dairy product and juice maker Pepsi acquired for $5 billion in 2011.

Read TheStreet.com report.

Join Our LinkedIn Group

Bloomberg is reporting that top-tier college basketball programs were thrown into turmoil Tuesday as federal prosecutors unveiled criminal charges against 10 coaches, managers, financial advisers and representatives of sportswear companies including Adidas AG, accusing them of making illicit payments to cash in on the vast riches generated at the sport’s highest levels.

“The alleged schemes include illicit payoffs to steer young athletes to powerhouse schools and into clothing contracts and financial advisory deals,” write Christian Berthelsen and Bob Van Voris. “Among those charged were current and former coaching staff members at Oklahoma State University, the University of Arizona, the University of Southern California and the University of South Carolina.”

The case followed allegations that an executive at an apparel company bribed students to attend universities where the company sponsored athletic programs.

Read the Bloomberg article.

The newest lawsuit seeking royalty payments from Apple is likely a first: a recently created plaintiff, MEC Resources LLC, is wholly owned by a Native American tribe.

Ars Technica reports that The MEC lawsuit appears to be using Native American legal rights to avoid having the U.S. Patent Office perform an “inter partes review” that could invalidate the patent.

Joe Mullen reports that MEC Resources is wholly owned by the Mandan, Hidatsa, and Arikara Nation, also known as the Three Affiliated Tribes.

And in another case, Allergan recently gave a set of  valuable patents to the New York-based Regis Mohawk Tribe, explicitly to avoid having the USPO review their patents in inter partes review.

Read the Ars Technica article.

Join Our LinkedIn Group

Some general counsel are starting to push back against big law firms charging $400 an hour for the work of associates, writes Joe Patrice for Above the Law.

Patrice quotes from an Am Law Daily report on a recent summit:

At a Manhattan conference on legal innovation this month, Mark Smolik, the general counsel of DHL Supply Chain Americas, had a message for the law firm representatives in his audience.

“Sorry, law firms. You spend on the training,” Smolik said. “I cannot afford to pay your associates $325 an hour.”

Smolik warned the group that he could hire those associates himself and “pick them up right out of law school.”

Read the Above the Law article.

Lawyers expect a spate of force majeure contract lawsuits after Hurricane Harvey tore through Southeast Texas and parts of Louisiana last month, paralyzing a fifth of U.S. fuel output and pushing some oil production offline, Reuters reports.

“Many chemical and refinery plants along the U.S. Gulf Coast have already restarted operations or are beginning to ramp up after damage by Harvey,” writes Bryan Sims. “Once they do, customers may insist on reviewing contractual terms with their energy industry suppliers for the product they did not receive while plants were shuttered.”

He quotes Jessica Crutcher, an attorney for Houston law firm Mayer Brown:

“Every force majeure clause is different, especially when you’re dealing with heavily negotiated contracts in the energy sector.”

Read the article.

Join Our LinkedIn Group

While the usual marketing tools of websites, press releases, advertising, etc. can help bring clients to a lawyer’s door if managed effectively, many attorneys continue to miss out on one of the most effective means of attracting new business: personal networking.

Bruce Vincent, writing on the website of Muse Communications, says the “problem” with personal networking for a lot of people, attorneys included, can be traced to a perceived lack of time or, in some instances, a simple, but common, fear of social situations or public speaking. Fortunately, those obstacles can be overcome with a little planning, and the results are well worth it.

In his article, Vincent discusses how to find the time for personal networking, gaining social media dominance without spending excessive time on the project, face-to-face interactions, and how to use a low-maintenance way to keep your name in the minds of potential referral sources.

Read the article.

Join Our LinkedIn Group

Anderson Duff, writing for Revision Legal, discusses coexistence agreements, which are contracts whereby two trademark owners agree to use their similar marks, but agree to limitations.

“The purpose of the coexistence agreement is to set out the agreement of the disputing trademark owners about use of the marks,” he explains. “Most often, the coexistence agreement will limit the use of the similar marks to certain geographical territories or to certain types of good or products.”

He discusses the historic coexistence contract involving the trademarks “Sun-Maid” and “Sun-Kist.”

The article also explains the importance of careful drafting of coexistence agreements.

Read the article.

In a case of first impression, the First U.S. Circuit Court of Appeals addressed issues that have broad implications and present a reminder to companies to review their arbitration clauses and confirm if they are drafted properly as to the issue of who decides arbitrability issues; a court or arbitrator?

Christopher R. Nolan and Clayton J. Vignocchi discuss Oliveira v. New Prime, Inc. in Holland & Knight’s Transportation Blog.

“The dispute concerned a Fair Labor Standards Act class action between an independent contractor truck driver and an interstate trucking company. The plaintiff executed an ‘Independent Contractor Operating Agreement,’ which included an arbitration clause,” the authors explain.

They discuss the court’s rejection of the trucking company’s argument, warning that in-house counsel who draft a broad arbitration clause similar the the trucking company’s will result in litigation concerning arbitrability.

Read the article.

Join Our LinkedIn Group

Brian L. Lynch, writing for Faegre Baker Daniels, discusses the principle of acceleration in construction contracts.

A major consideration in acceleration clauses is whether the contractor is getting for the speed up in work. He covers the three types of acceleration, which usuall dictate whether the contractor is being compensated for additional costs related t the disruption.

In three sections of the article, Lynch discusses directed acceleration, constructive acceleration, and voluntary acceleration.

Read the article.

Join Our LinkedIn Group

In the wake of Hurricane Harvey, a number of energy companies have declared force majeure or announced shutdowns in southeast Texas, the nation’s hub for petrochemical plants and refineries, reports David M. Bond in Kane Russell Coleman Logan’s Energy Law Today blog.

His article provides an overview of applicable doctrines and makes some suggestions for including force majeure provisions in contracts.

One section, titled “How to Protect Against Force Majeure Events in Your Contracts,” Bond advises that force majeure provisions should always be included, and they should identify possible events tailored to your specific business and risks.

Read the article.

Join Our LinkedIn Group

Centre Law & Consulting will present a one-day instruction that combines the basics of federal government contracting with the nuts and bolts of compliance issues, subcontractor issues, and hot topics in the industry.

The event will be Oct. 17, 2017, in Tysons, Va.

Topics will include:

• Basic Principles in Federal Contracting
• How the Government Buys
• Types of Contracts
• Labor and Employment Law Issues
• Anti-Kick Back and Gifts
• Organizational Conflict of Interest & Personal Conflict of Interest
• Mandatory Disclosure and Ethics Issues
• Changes, Inspection & Acceptance
• Delays & Payment
• Termination of Convenience / Termination of Default
• Claims, Disputes, and Appeals
• Prime/Subcontractor Disputes
• Bid Protests
• Privilege Issues and Attorney Work Product
• Ethic Issues in Internal Investigators and Managing Relator Lawsuits

Register for the event.

Jackson Walker partner Kent Sullivan was named the state Commissioner of Insurance by Texas Governor Greg Abbott on Thursday. Sullivan will leave the firm to accept the position, where he will oversee the Texas Department of Insurance, which regulates the insurance industry and protects Texas consumers.

Sullivan joined Jackson Walker in 2015 and has since served as co-chair of the firm’s appellate practice group. Recently, he was also appointed co-chair of the government and internal investigations group. He has represented clients in complex civil litigation, government relations, and investigations.

“Kent brought a new dimension to Jackson Walker’s litigation and appellate groups,” said firmwide managing partner Wade Cooper. “We wish him all the best in his new position and know that his deep experience will bring him much continued success in this substantial role.”

In the past, Sullivan was the Texas First Assistant Attorney General, a justice on the Texas Court of Appeals, and a district judge. In addition, he has more than 25 years of private practice experience.

“I have thoroughly enjoyed the years spent practicing at Jackson Walker,” said Commissioner Sullivan. “It’s been exciting to be a part of such a fast growing and well-respected firm. I look forward to beginning the next chapter and serving the people of Texas.”

Join Our LinkedIn Group

The 5th Annual Yerra Conference Europe will be in London on Oct. 11, 2017, at Glaziers Hall.

Yerra says it will be an exclusive event for legal, IP, eDiscovery and compliance professionals, with speakers from UBS, Roche, BT, GSK and more.

2017 AGENDA

09:00 – 09:30 | Breakfast and Registration

09:30 – 09:40 | Welcome Message and Yerra Update
Rajitha Boer, Founder & CEO, Yerra Solutions

09:40 – 10:55 | Keynote Address – When Governance Controls Fail
Michael Woodford, Author, Whistle-blower and former President and CEO of Olympus Corp.

10:55 – 11:15 | Morning Break & Book Signing (Michael Woodford)

11:15 – 12:00 | Establishing an End-to-End In-house eDiscovery Service in a Global Financial Services Institution
Siegrun Heberle, Executive Director, UBS
David Kern, Director, Head Data Processing & Hosting, eDiscovery Technology Service, UBS

12:00 – 12:30 | Panel Discussion on Regulatory Trends
Catherine Contiguglia, London-based Finance Reporter, Politico
Aditya Prakash, Chief Innovation Officer & Head of Client Services, Yerra Solutions

12:30 – 13:30 | Networking Lunch – The Story of London Bridge
Vanessa Harding, Professor of London History, University of London

13:30 – 14:30 | Everything You Always Wanted to Know About High Performing Teams (But Were Afraid to Ask)
Max Huebner, Director Corporate Legal and Tax, PGGM N.V.
Chris Fowler, General Counsel, BT

14:30 – 15:15 | Spend Management Simplified
Karin Bruehlmann,Head of Legal Service Controlling, Roche

15:15 – 15:25 | Afternoon Break

15:25 – 16:10 | Managing Third Party Risk in the Supply Chain
Anthony Kenny, Assistant General Counsel, GlaxoSmithKline

16:10 – 17:10 | Afternoon Keynote – Assessing Risk and Making Better Decisions
Caspar Berry, Professional Poker Player & Risk Expert

17:10 – 17:15 | Closing Discussion & Wrap Up
Jerome Raguin, Global COO, Yerra Solutions

17:15 – 19:30 | Networking Reception & Poker Workshop

Register for the event.

Above the Law reports that Hogan Lovells recently decided to offer “voluntary retirement” packages to about 400 of its senior business support staff members in the U.S.

Staci Zaretsky writes that those who have been with the firm for at least five years were offered an out, and it’s expected that 5 to 10 percent of those who received the offer will take it.

“In addition to the hundreds of voluntary buyouts Hogan Lovells is offering to business staff members here in America, the firm is set to cut up to 90 jobs in London thanks to a recent restructuring,” Zaretsky adds.

Read the Above the Law article.

Join Our LinkedIn Group

Image by Disney | ABC Television Group

The Justice Department recently asked law firm Skadden, Arps, Slate, Meagher & Flom for information and documents related to its work on behalf of a client of Paul Manafort, reports The New York Times.

That client, Viktor Yanukovych, the Russia-aligned president of Ukraine, needed some cover to justify the jailing of a political rival, according to reporters Kenneth P. Vogel and Andrew E. Kramer.

They explain:

The request comes at a time when Mr. Manafort, his work for Mr. Yanukovych’s party and for Russian and Ukrainian oligarchs as well as the handling of payments for that work have become focal points in the investigation of the special counsel, Robert S. Mueller III, into Russian meddling in the 2016 presidential election, and connections between Russia, Mr. Trump and his associates.

Read the NYT article.

Join Our LinkedIn Group

When the Supreme Court opens its 2017 term on the first Monday in October, its very first cases will serve as a stark reminder of why elections matter, predicts USA Today.

Reporter Richard Wolf writes that the upcoming term stands “a real chance of being a one-two punch against workers’ rights,” says Claire Prestel, associate general counsel for the Service Employees International Union.

Wolf points out how things have changed:

When the court was asked to hear three cases on labor arbitration agreements last September, Barack Obama was president, Hillary Clinton was heavily favored to succeed him, and federal appeals court Judge Merrick Garland was in line to replace the late Antonin Scalia. Garland had a strong record of defending workers’ rights.

Read the USA Today article.

Join Our LinkedIn Group

Lisa Sotto, chair of Hunton & Williams’ global privacy and cybersecurity practice and managing partner of the firm’s New York office, has been selected as an arbitrator in connection with the EU-US Privacy Shield Framework Binding Arbitration Program.

The Program, developed by the U.S. Department of Commerce and European Commission, provides the terms under which Privacy Shield organizations are obligated to arbitrate claims, pursuant to the Recourse, Enforcement and Liability Principle. The binding arbitration option applies to certain “residual” claims as to data covered by the EU-US Privacy Shield. The purpose of this option is to provide a prompt, independent and fair mechanism, at the option of individuals, for resolution of claimed violations of the Principles not resolved by any of the other Privacy Shield mechanisms, if any.

In a release, the firm said Sotto has received widespread recognition for her work in the areas of privacy and cybersecurity. She chairs the US Department of Homeland Security’s Data Privacy and Integrity Advisory Committee. She is regularly sought after by media outlets and industry publications for her professional insights and appears regularly on national television and radio news programs.

Sidley Austin LLP announces that Anthony Gardner, former U.S. Ambassador to the European Union, will join Sidley as senior counsel. He will be a member of both its International Trade and Privacy and Cybersecurity practices, and split his time between the firm’s London and Brussels offices.

In a release, the firm said former Ambassador Gardner has devoted more than 27 years of his career to U.S.-European affairs as a government official and lawyer. During his diplomatic assignment, he played a pivotal role in some of the most challenging issues in the U.S.-EU relationship, including the negotiations to conclude a Transatlantic Trade and Investment Partnership Agreement, the Privacy Shield Agreement facilitating the transatlantic transfer of personal data by companies based in Europe and the Umbrella Agreement facilitating the transatlantic transfer of data between law enforcement authorities. He was also instrumental in U.S.-EU coordination of sanctions against Russia following its annexation of Crimea and the facilitation of U.S. participation in EU-funded research programs.

The release continues:

“Thanks to his deep personal and professional roots in Europe, Ambassador Gardner displayed a rare understanding of European affairs and improved U.S.-EU commercial and political ties at a critical time in the relationship,” said Antonio Tajani, president of the European Parliament. “During his tenure he made relations with the European Parliament a priority on important issues relating to trade, data privacy and the digital economy.”

“I am eager to continue my involvement in U.S.-EU relations, particularly in trade, competition and regulatory issues, especially relating to the digital economy and data privacy,” said Mr. Gardner. “I was drawn to Sidley because many of its partners are deeply involved in these issues, and I have had long-standing relationships with several of them. The breadth of the firm’s global reach and extensive resources make it a natural fit.”

Prior to his role as U.S. Ambassador to the EU, Mr. Gardner served as managing director of a London-based private equity firm. He also served as Director for European Affairs on the U.S. National Security Council, where he was responsible for U.S. relations with the European Union.

“Tony’s deep knowledge of Europe and the EU institutions made him one of our most effective ambassadors and a key resource in trying to conclude TTIP,” said Michael Froman, former U.S. Trade Representative in the Obama administration. “His role in helping to promote U.S.-EU cooperation in many areas and to resolve difficult issues as they arose was also widely appreciated in the Obama administration.”

“Tony’s arrival, fresh from his Brussels post and with his singularly informed view of the trade and regulatory issues that exist between the U.S. and Europe, could not have come at a better time for Sidley and our clients,” said George Petrow, Sidley’s managing partner for the European region. “We and our clients are fortunate that he chose to join us.”

National law firm Dykema announced the addition of Cynde H. Munzer to its Corporate Finance practice group as a member in the firm’s Chicago office. Munzer joins Dykema after practicing at Aronberg Goldgehn. Prior to that, she had spent more than two decades with Arnstein & Lehr.

In a release, the firm said Munzer has a corporate transactional practice and regularly serves as an extension of the in-house legal team of publicly-held corporations. She has also served as outside general counsel to middle market, emerging and smaller companies that do not have their own in-house counsel. Munzer handles a broad range of sophisticated matters including asset and stock acquisitions and dispositions, mergers, joint development agreements, master services agreements, license agreements, teaming agreements, real estate leases, distributorship agreements, employment contracts and independent contractor agreements.

The release continues:

Munzer is very active in the Chicago business and philanthropic communities as a strong advocate for the advancement of women’s business opportunities. She served as an Illinois Delegate for Vision 2020, a national bi-partisan initiative focused on gender equality in business leadership; previously served as President of the Chicago Chapter of the American Technion Society; and is a former board member of the Chicago Chapter of the National Association of Women Business Owners. Munzer is also very active in the Anti-Defamation League (ADL) and is a recipient of its prestigious Women of Achievement Award in recognition of her outstanding contributions to the legal and philanthropic communities. She will co-chair the 2018 ADL Women of Achievement Dinner.

“We consider ourselves very fortunate to add a talented attorney and leader in Chicago’s women’s business community to our Chicago office,” said Mike Borders, Vice Chairman of Dykema and Office Managing Member of the firm’s Chicago office.

Munzer earned a J.D., with high honors, from Chicago-Kent College of Law, and a B.S. from The University of Illinois.

A combined total of 31 Farrell Fritz attorneys have been selected to the 2017 New York Metro Super Lawyers and New York Metro Rising Stars lists.

The firm reported that 21 attorneys for being selected to the 2017 New York Metro Super Lawyers list. The attorneys and the practice areas for which they have been recognized are: Peter A. Mahler, John P. McEntee and James M. Wicks (Business Litigation); Peter L. Curry and Peter B. Zlotnick (Real Estate); Jed C. Albert, Eric M. Kramer and Patricia C. Marcin (Estate & Probate); John (Jack) J. Barnosky, Ilene S. Cooper, John R. Morken and Eric W. Penzer (Estate & Trust Litigation); Ted A. Berkowitz, Marty G. Bunin and Patrick T. Collins (Bankruptcy: Business); Charlotte A. Biblow (Environmental); Heather P. Harrison (Employment Litigation: Defense); Domenique Camacho Moran (Employment & Labor); Jason S. Samuels (Construction Litigation); Louis Vlahos (Tax); and Joel R. Weiss (Criminal Defense: White Collar).

The firm also named 10 attorneys who were selected to the 2017 New York Metro Rising Stars list. The attorneys and the practice areas for which they have been recognized are: Kathryn Carney Cole, Joshua M. Herman, Franklin C. McRoberts, Adam M. Rafsky and Aaron E. Zerykier (Business Litigation); Jaclene D’Agostino and Robert M. Harper (Estate & Trust Litigation); Veronique A. Urban (Bankruptcy: Business) and Jacklyn A. Zitelli (Real Estate).

Michael A.H. Schoenberg (Business Litigation) was selected to the list while he was counsel at Farrell Fritz.

2017 marks the tenth year on the Super Lawyers list for Ilene Sherwyn Cooper, John McEntee, John Morken and James Wicks. Marty Bunin, Joshua Herman and Jacklyn Zitelli were selected for inclusion for the first time this year. This is the fourth consecutive year James M. Wicks was selected to the New York – Metro Super Lawyers Top 100 list. The Top 100 group of lawyers received the highest point totals in the New York Metro nomination, research and blue ribbon process.

Join Our LinkedIn Group