Trump Lawyers Urge Supreme Court to Rule for Colorado Cake Maker Who Turned Away Gay Couple

Trump administration lawyers joined sides with a Colorado baker Thursday and urged the Supreme Court to rule that he has the right to refuse to provide a wedding cake to celebrate the marriage of two men, reports The Los Angeles Times.

In a friend-of-the-court brief, Acting Solicitor Gen. Jeffrey B. Wall argued that the cake maker’s rights to free speech and the free exercise of religion should prevail over a Colorado civil rights law that forbids discrimination based on sexual orientation, according to the report by David G. Savage.

Savage writes: “The brief filed Thursday is likely to bolster the cake maker’s case, and is in line President Trump’s repeated promises to protect ‘religious liberty.'”

Read the LA Times article.

 

Join Our LinkedIn Group

 




Former Assistant to the US Solicitor General Ilana Eisenstein joins DLA Piper Litigation Practice in Philadelphia

DLA Piper announced the addition of Ilana Eisenstein to the firm’s Litigation practice as a partner in Philadelphia.

Eisenstein joins DLA Piper after three years as Assistant to the Solicitor General in the US Department of Justice, where she briefed and argued extensively before the US Supreme Court. She also advised the Solicitor General regarding federal appellate litigation on civil, criminal and administrative law matters.

“Ilana’s experience before the Supreme Court and other outstanding efforts with the Solicitor General provides a tremendous addition to the firm’s strategic commitment to provide appellate capabilities to our clients at the highest level; and, her superb trial, case management and leadership experience adds a wonderful breadth to our complex litigation, white collar and investigations practices,” said James Brogan, co-chair of DLA Piper’s US Litigation group.

Before joining the Office of the Solicitor General, Eisenstein served as an Assistant U.S. Attorney in the District of Delaware for eight years. While there, she was the lead attorney on more than 100 cases and tried 11 jury trials to verdict. She was involved in a wide array of cases, including a three-year pharmaceutical pricing investigation, securities and financial fraud investigations, and cases involving bank and tax fraud.

“We are excited to add this talented trial and appellate lawyer to our office, which celebrated its 25th anniversary earlier this year and continues to grow,” said Joseph Kernen, managing partner of DLA Piper’s Philadelphia office. “Ilana has roots in the Philadelphia area, as she grew up here and has developed a strong reputation working in and around the region.”

Earlier in her career, Eisenstein clerked for Judge Edward R. Becker of the US Court of Appeals for the Third Circuit. She received her J.D., summa cum laude, from the University of Pennsylvania Law School, and her B.A., magna cum laude, from Harvard University.

 

 

Join Our LinkedIn Group

 




DOJ Fraud Section Assistant Chief Laura Perkins Joins Hughes Hubbard

Hughes Hubbard & Reed announced that Laura N. Perkins has joined the firm as a partner in its Anti-Corruption & Internal Investigations practice and White Collar & Regulatory Defense group.

Perkins was most recently an Assistant Chief for Foreign Corrupt Practices Act (FCPA) enforcement in the Fraud Section of the Department of Justice’s Criminal Division. In her career at DOJ, she led or supervised hundreds of FCPA investigations and tried nearly two dozen cases involving a variety of frauds and other federal crimes.

In a release, the firm says:

In addition to her FCPA credentials, Perkins is an experienced trial lawyer and investigator who brings extensive insider knowledge of how DOJ investigates and prosecutes criminal cases and what DOJ expects from internal investigations, cooperating companies, and corporate compliance programs.

As an Assistant Chief of the FCPA unit, Peerkins supervised and directed hundreds of complex investigations and prosecutions of companies, business executives, and others for violations of the FCPA and associated statutes. She assisted in the management of the FCPA unit and the FCPA program, formulating enforcement priorities and policies, determining whether potential violations warrant criminal investigation and prosecution, advising domestic and foreign law enforcement and regulators on questions of law and departmental policy, and coordinating and conducting training for domestic and foreign partners.

Perkins was closely involved in the development of the FCPA pilot program, which was designed to motivate companies to voluntarily self-disclose FCPA-related misconduct, fully cooperate with the Fraud Section, and remediate flaws in their controls and compliance programs.

She worked closely within the Fraud Section to develop internal policies regarding the training and oversight of corporate monitors in order to ensure that companies develop compliance programs that meet DOJ’s expectations. By the end of her tenure at the Fraud Section, Perkins was supervising a majority of the section’s corporate monitorships.

Perkins was previously a senior counsel in the Criminal Division’s Office of the Assistant Attorney General; prior to that she was a senior trial attorney in the Fraud Section. As senior counsel to the Assistant Attorney General, she advised the Assistant Attorney General and other DOJ leaders and assisted in developing policies for the Criminal Division with regard to economic criminal prosecution. She has extensive experience as a trial lawyer – both at DOJ and in private practice. At DOJ alone, she handled nearly two dozen federal jury trials and bench trials, prosecuting FCPA, complex securities fraud, accounting fraud, health care fraud and other federal criminal cases.

Perkins represented the United States in international fora regarding global anti-corruption efforts, including in the Organization for Economic Cooperation and Development, and worked closely with foreign authorities to investigate and prosecute cross-border criminal cases.

 




Blank Rome Welcomes Former Small Business Administration Deputy GC in Washington, D.C.

Blank Rome LLP announces that Martin Teckler has joined the firm as a partner in the Finance group in the Washington, D.C., office. He joins the firm from Kelley Drye & Warren LLP.

As former deputy general counsel for the U.S. Small Business Administration and senior counsel for the SBA’s Business Lending, Small Business Investment Company, and Development Company programs, Teckler routinely prepared security transactions and interacted with sources of lending and venture capital for small businesses.

In a release, the firm says:

In his private practice, Teckler primarily represents lenders who participate in government-guaranteed loan programs—particularly SBA and U.S. Department of Agriculture programs, among other agencies—that make assistance available to small and mid-sized businesses. Furthermore, Teckler represents private equity funds, which are often licensed as Small Business Investment Companies (“SBICs”) and regulated by the SBA, that make investments in the middle-market and small businesses. His experience also includes the formation and licensing of multiple SBICs, including the structuring of fund entities, representation of principal groups before the SBA, resolution of investor issues, obtaining leverage from the SBA, and resolving regulatory matters on behalf of licensed SBICs. Teckler has also structured multiple venture capital and private equity investments by SBICs and other funds in a manner that complies with applicable SBA regulations.

“We are thrilled to welcome Martin to the firm,” said Alan J. Hoffman, Chairman and Managing Partner. “Martin’s previous role as deputy GC for the SBA for more than a decade brings substantive, first-hand knowledge of what it takes to close an SBA-related transaction to Blank Rome. His insider experience at the SBA will be an excellent addition to the team’s capabilities, and we look forward to offering his knowledge of funding sources and related programs to our clients.”

“Martin’s experience with the SBA and other federal agencies, combined with his private practice experience, provides him with a unique perspective,” said Lawrence F. Flick II, Partner and Chair of Blank Rome’s financial services industry team. “Focused on achieving successful outcomes for his clients, Martin is a top-notch negotiator, blending his government experience with knowledge of the law to consider all possible outcomes and deliver unique solutions for his clients.”

In addition to his work with small to mid-size businesses and lenders, Teckler also has experience in government contacts, mergers and acquisitions—particularly with businesses that are acquiring or investing in other businesses—securities, and securitization and secondary market work in securities generated out of loan programs where originators sell portions of loans in secondary market transactions or securitization transactions.

“I am very excited to join Blank Rome, as the Firm’s client base is very compatible with my existing clients.” said Mr. Teckler. “Additionally, I look forward to tapping into Blank Rome’s vast resources and legal talent within the mergers & acquisitions group and financial services industry team, allowing me to better serve my existing clients while simultaneously enhancing Blank Rome’s current service offerings.”

Teckler is a frequent speaker on SBICs, Certified Development Company, and Small Business Lending Fund matters. He participates in, and has presented before, the Small Business Investor Alliance and the National Association of Government Guaranteed Lenders. Mr. Teckler earned his J.D. from George Washington University Law School and his B.A. from Boston University.

 

Join Our LinkedIn Group

 




Sidley Welcomes Privacy and Cybersecurity Partner Wim Nauwelaerts in Brussels

Sidley Austin LLP announces that Wim Nauwelaerts has joined the firm as a partner in its Brussels office. He will be a member of Sidley’s global Privacy and Cybersecurity practice.

In a release, the firm says Nauwelaerts has almost 20 years of experience in privacy and data protection matters.

The release continues:

He advises companies on all aspects of EU and international data protection and privacy compliance, including preparation for the EU General Data Protection Regulation (GDPR), data transfer strategies, data security and breach requirements, and compliance training. He also assists clients with contract negotiations and represents them before supervisory authorities. While Mr. Nauwelaerts counsels clients in a variety of sectors, he has particular experience with life sciences, technology and new media clients.

“We have seen tremendous growth in our European data protection practice, which will continue as companies prepare for, and thereafter comply with, the GDPR,” said Alan Raul, founder and co-leader of Sidley’s global Privacy and Cybersecurity practice. “Adding Wim to our outstanding team of privacy practitioners in Europe, led by John Casanova and William Long, is a logical next step in ensuring we continue to provide clients with the highest level of service in developing and implementing privacy, data protection and cybersecurity programs around the world.”

 

 

Join Our LinkedIn Group

 




Boston’s Collora and Hogan Lovells Now Open for Business

The combination between global law firm Hogan Lovells and Boston-based law firm Collora is now effective. The new Hogan Lovells office in downtown Boston comprises 28 lawyers and 16 business services staff.

“Our new team of lawyers in Boston is renowned for advising in complex litigation and investigations, particularly in the life sciences and financial services sectors,” said Hogan Lovells CEO Steve Immelt. “Their addition strategically bolsters our services to clients, many of whom are already part of Boston’s dynamic and growing market.”

“We are thrilled to be a part of Hogan Lovells’ global team and collaborate with lawyers in the firm’s other offices,” said Bill Lovett, the former managing partner of Collora, who is now the Office Managing Partner of the Hogan Lovells Boston office.

“Our capability to offer global services in a wider array of practices is already extending our relationships with existing clients and establishing new opportunities both in and outside of the Boston area.”

 

 

 




Michael Best Welcomes Corporate & Securities Groups from KLMR in Salt Lake City

Michael Best announces the expansion of the firm’s Salt Lake City office with the addition of six attorneys from the law firm of Kruse Landa Maycock & Ricks, LLC (KLMR).

James Kruse, Kevin Timken, and Lyndon Ricks join as partners in the Corporate & Transactional Practice Group, alongside Betsy Voter who joins as senior counsel. Ellen Maycock and Jennifer Falk also join as partners in the firm’s Litigation Practice Group, and will continue to practice family law as well.

“Our Utah team is thrilled to welcome this group of exceptional attorneys to Michael Best who will continue to strengthen our corporate and broker dealer practice,” said Richard Ensor, Managing Partner of the Salt Lake City & Midvale offices. “The quality of the KLMR attorneys is well known throughout the Salt Lake Valley and Utah as a whole. The addition of this group is a notable assertion that our firm is committed to providing superior and impactful client service across a range of industries in our marketplace. ”

Michael Best’s hiring of Kruse, Maycock and Ricks, who are name partners of their previous firm, KLMR, comes on the heels of recent lateral Craig Stoehr, who in March of 2017 joined the firm’s Corporate & Transactional Practice Group. Other recent practice group growth this year includes three litigation partners in Chicago.

A release from the firm continues:

Kruse has more than 40 years of experience with corporate, securities law, and broker-dealer regulation. He concentrates his practice on advising clients through new equity financings, corporate acquisitions and reorganizations, representation of broker-dealers and investment advisers, and defense against disciplinary matters and enforcement actions from the Securities and Exchange Commission (SEC), Financial Industry Regulatory Authority (FINRA), Commodity Futures Trading Commission (CFTC) and various state regulatory agencies. Kruse received his J.D. from George Washington University, where he was a member of the George Washington Law Review’s Comment Staff.

For more than 30 years, Ricks has advised clients on general corporate and commercial transactions, securities matters, domestic and international acquisitions and divestitures. His practice covers a wide span of industries as well, including automotive, electrical products, foreign exchange trading, equipment manufacturing, investment banking, software development and sales, health care, and real estate, among many others. Ricks earned his J.D., cum laude, from Brigham Young University’s J. Reuben Clark Law School, where he also served as Editor of the BYU Journal of Legal Studies.

One of the four founding partners at KLMR, Maycock brings more than four decades of commercial litigation and family law experience to her practice. Most of her time is spent on the latter, where she focuses on the long-term needs of families in transition during matters of marital estate mediation, complex custody issues, and divorce proceedings. Maycock received her J.D. from the University of Utah’s College of Law. During her time there, she also served as editor-in-chief of the Utah Law Review.

Timken focuses his practice advising public and private companies on various securities matters, equity financings, commercial transactions, and regulatory compliance. In addition, he also has extensive experience managing broker-dealer compliance, particularly regarding resales of restricted securities, and regulatory enforcement defense with the SEC and CFTC. Timken received his J.D. from the University of Utah College of Law, where he was Managing Editor of the Utah Law Review.

Falk divides her practice between family law and litigation matters. As an advocate of her family law clients, she represents them through complex divorces, division of property, alimony and custody matters. She also advises clients in both government and private sectors on complex labor and employment matters. Falk received her J.D. from the University of Utah’s College of Law and her Master of Philosophy from the University of Oxford’s Linacre College.

Voter focuses her practice on financial regulatory compliance and corporate securities law. Her experience includes advising clients on issues related to broker-dealer and investment compliance, enforcement actions and examinations in front of the SEC and FINRA. She served as in-house counsel to a broker-dealer prior to joining KLMR, thereby giving her a unique perspective on the issues related to that heavy regulation industry and insight into how to effectively advise and assist her broker-dealer clients. Voter received her J.D. from the University of Utah’s S.J. Quinney Law School.

“The decades of experience and leadership that this group brings to our firm and the diverse industry-sector expertise they represent, speaks to our recruitment platform in Utah and the western region,” said David Krutz, Managing Partner of Michael Best. “Culturally, they are a great fit and will help continue our growth and superior client service in Salt Lake City.”

“Our team is excited about this opportunity with Michael Best,” said Jim Kruse, a founding member of KLMR. “The motivation for this move was to provide us the capabilities to expand our regional clients by leveraging the national exposure and reach of the firm to deepen our relationships. I am impressed with Michael Best and look forward to what the future holds.”

 

 




Examine Trends in Spin-Off Activity

Bloomberg BNABloomberg BNA will host an event in San Francisco dedicated to understanding, preparing for, and benefiting from spin-offs.

The complimentary event will be Tuesday, Oct. 10, 2017, 1:30-6 p.m., in Bloomberg’s San Francisco office at 3 Pier #101.

With a record $250.9 billion of spin-offs completed globally in 2015 and fairly steady activity since then, understanding this type of corporate restructuring and the hidden challenges to overcome are essential for senior executives.

Participants will hear in-depth conversations about:

  • Trends in spin-off activity and important market perspectives
  • Investor engagement opportunities to consider
  • Cross-functional challenges and opportunities

The event is sponsored by Baker McKenzie.

Speakers will be Sergio Letelier, Vice President, Office of the General Counsel’s Corporate, M&A and Ventures Group, Hewlett Packard Enterprise; and Jeff Marks, Managing Director, Corporate Finance Advisory, J.P. Morgan.

Register for the event.

 

 




Exclusive Download: Chief Legal Officers 2017 Survey

ACCThe Association of Corporate Counsel has published the ACC Chief Legal Officers 2017 Survey, a vital tool providing legal departments with proprietary benchmarks to help them prepare for resourcing, staffing, and budgeting in the coming year.

Based on responses from nearly 1,100 in-house counsel in 42 countries, the survey offers an opportunity for CLOs to compare their practices to CLOs around the globe.

The 2017 report includes an executive summary, key findings, benchmarking, and a question-by-question analysis of key metrics such as:

  • Key issues CLOs face
  • Staffing by annual revenue and industry
  • Budget changes and plans for 2018
  • Resourcing
  • Internal and external spend

Readers of General Counsel News may receive a 10 percent discount on the survey report by using the code CLOSAVE10.

Download the survey report.

 

 

 




Gruber Hail Attorneys Honored in Best Lawyers, Super Lawyers Publications

Attorneys at Gruber Hail Johansen Shank have been recognized multiple times with the publication of the latest Best Lawyers in America and Texas Super Lawyers listings. The publications use comprehensive surveys, peer evaluations, blue-ribbon committees and independent research to select the honorees each year.

Name partners G. Michael Gruber, Brian N. Hail, Mark L. Johansen and Mark A. Shank again are recognized among the top five percent of attorneys in the state on the Texas Super Lawyers list, along with partners Tricia R. DeLeon, Orrin L. Harrison III, Michael J. Lang, and Anthony J. Magee.

In addition, Shank is named among the Top 100 attorneys in Texas, and joined by Gruber among the Top 100 attorneys in Dallas/Fort Worth.

Read the article.

 

 




Intel Scores Victory (For Now) In Fight Against $1.3 Billion Fine

Fortune reports that Intel has won a victory of sorts in its long-running fight against a €1.06 billion ($1.26 billion) antitrust fine that was levied against it by the European Commission eight years ago.

David Meyer writes that the Court of Justice of the European Union, the EU’s top court, on Wednesday set aside the 2014 ruling of the General Court, which upheld the 2009 fine, on the basis that the General Court had made a legal error.

“This does not mean Intel is off the hook — rather, it means the General Court needs to examine Intel’s legal arguments more closely than it did before, potentially giving Intel a chance to have the fine annulled or reduced,” Meyer explains.

Read the Fortune article.

 

 

Join Our LinkedIn Group

 




CEOs See a ‘Sad Day’ After Trump’s DACA Decision

Refugees - immigrationThe New York Times published a collection of reaction from some top business leaders and companies who expressed their disapproval of President Trump’s  decision to end the Deferred Action for Childhood Arrivals program.

Timothy D. Cook, Apple’s chief executive, tweeted that his company would fight for the people affected by Trump’s action to be “treated as equals.”

Reporter Zach Wichter writes that Facebook’s Mark Zuckerberg said the announcement marks “a sad day for our country.”

Roger A. Iger, chairman and chief executive of the Walt Disney Co., tweeted: “Rescinding DACA is cruel and misguided. Dreamers contribute to our economy and our nation.”

Read the NYT article.

 

 




Lawyer Admonished for Helping Client Leak GE Docs to Media

A prominent attorney to whistle-blowers was admonished by a Washington disciplinary panel for helping a fired General Electric in-house attorney leak damaging information about GE to law enforcement officials and journalists, according to a Bloomberg Law report.

Plaintiffs’ lawyer Lynne Bernabei represented Adriana Koeck, who was also a respondent in this case. The ethics charges against Bernabei, Koeck, and a third lawyer—Notre Dame Law Professor G. Robert Blakey—were tied to events that occurred after GE fired Koeck in 2006, explains reporter Samson Habte.

Bernabei and Blakey allegedly advised Koeck to leak confidential GE documents that Koeck downloaded to support a whistle-blower retaliation claim against the company under the Sarbanes-Oxley Ac.

Read the Bloomberg article.

 

Join Our LinkedIn Group

 




Is Your Social Media and Digital Data Secure Enough?

Zapproved has published a white paper discussing methods of keeping social media data ready for e-discovery. The document can be downloaded at no charge from the company’s website.

“If you’re not keeping up with digital trends and best practices, achieving positive litigation outcomes may elude you,” Zapproved says in an announcement.

This strategic insights paper outlines ways to sustainably manage the social media and digital app security challenges of e-discovery. It includes tips on adopting the right policies and procedures to help with compliance with e-discovery rules.

It also covers the emerging technology and FRCP Rules. It gives advice on:

  • Creating an effective way to preserve and collect data from new sources, such as social media, mobile and audio devices, cloud services and messaging apps.
  • Adopting a ‘bring your own device’ policy that governs the preservation of social and digital device data to minimize legal risks if the employee device becomes discoverable.
  • Applying best practices to keep up with emerging data sources, meet e-discovery obligations and avoid hefty sanctions for noncompliance.

Download the white paper.

 

 




Law Firm Sex-Bias Cases Will Turn on Key Question: Can Partners Be Employees?

Gender gap - scaleAlison Frankel reports for Reuters that briefing wrapped up this week on Proskauer’s motion to end a sex bias suit by an anonymous partner in its Washington, D.C., office.

She writes that Proskauer’s motion for summary judgment, the woman simply can’t sue the firm under federal and state anti-discrimination laws because those laws protect employees and she’s an equity partner — not an employee.

“The woman, who is represented by Sanford Heisler Sharp, tells a different story in her brief opposing summary judgment,” Frankel writes. “According to her, Proskauer’s rank-and-file partners have effectively no control over the firm. All important decisions about hiring, firing, governance and compensation are delegated to Proskauer’s seven-member executive committee, which she depicts as the power center of the firm.”

Read the Reuters article.




Some Houston Big Law Firms Spared Worst of Harvey’s Damage

While Big Law firms with Houston offices are still in recovery mode from Hurricane Harvey, many firms with downtown offices were spared the worst of the record-breaking storm’s damage, reports Bloomberg Law.

Reporter Stephanie Russell-Kraft quotes Kenneth Broughton, managing partner of Reed Smith’s Houston office: “I would say a fairly high percentage of attorneys live either downtown or within 15 or 20 minutes from downtown, and most of those areas were not flooded.”

Broughton said he has been in the office for most of the week, and the Houston office will be re-opened on Tuesday.

The report also covers storm response at Baker Botts and Andrews Kurth.

Read the Bloomberg Law article.

 

Join Our LinkedIn Group

 




Phones for VW Lawyer, Emissions Tester Were Lost or Wiped Clean

Volkswagen AG’s top U.S. lawyer and the leader of its emissions-testing lab in California are among the employees whose mobile devices were either lost or erased as the company’s diesel cheating scandal emerged, according to court records made public on Thursday, reports Bloomberg.

David Geanacopoulos, VW Group of America’s senior vice president for public affairs and public policy, was general counsel when, he reported, he lost his phone while en route to Los Angeles International Airport on Dec. 1, 2015, according to the records.

And the company cell phones of Anna Schneider, VW’s senior vice president of industry and government relations, and Matthias Barke, senior director of VW’s emissions test center in Oxnard, California, were “wiped” or erased of data in the months after the U.S. Environmental Protection Agency announced VW had rigged its vehicles to pass pollution tests, according to the report by Ryan Beene and Margaret Cronin Fisk.

Read the Bloomberg article.

 

Join Our LinkedIn Group

 




DOJ Investigating Whether Uber Violated Foreign-Bribery Laws

The U.S. Department of Justice is looking into whether Uber violated laws involving the bribery of foreign officials, the company confirmed to Business Insider on Tuesday.

The privately-held ride-hailing giant is being investigated for possibly violating the Foreign Corrupt Practices Act, which makes it illegal for individuals and organizations to pay foreign government officials in order to obtain or retain business.

Alexei Otreskovic writes that the investigation follows months of controversies and internal turmoil for the company.

Read the Business Insider article.

 

Join Our LinkedIn Group

 




UC Berkeley’s Chief Counsel Is Killed in Hit-and-Run Crash

Christopher PattiThe Los Angeles Times reports that UC Berkeley’s chief counsel was killed Sunday in a hit-and-run crash while bicycling in Sonoma County, authorities said.

The California Highway Patrol reported that the driver of a BMW apparently lost control as he entered a curve on California 116, striking and killing Christopher Patti.

“Witnesses told officers that Patti was stopped on the shoulder. The 59-year-old Berkeley resident was sitting on his bicycle and looking at his phone, according to the CHP in Santa Rosa,” according to reporter Veronica Rocha.

Patti had represented the campus in legal matters since 2010 and worked with community organizations as well as federal, state and local government agencies, Rocha writes.

Read the LA Times article.

 

Join Our LinkedIn Group

 




As Hurricane Shuts Down Houston, Law Schools and Firms Respond

Students and faculty at South Texas College of Law-Houston — and Houston’s legal community at large — have bonded in response to the overwhelming humanitarian need created by the storm, reports Bloomberg Law.

“Law firm partners have opened their houses to clients and associates, according to Gibson Dunn staff. Firms that are fiercely competitive in the court room have banded together to determine how to effectively provide legal services, explained a partner at Holland & Knight,” writes Max Siegelbaum. ” And members of the legal community — from law students to big law partners — have donated time, energy and resources to helping to house, clothe and feed people displaced by the storm. Big Law Business heard from 15 people during Monday and Tuesday following the disaster.”

Read the Bloomberg article.