Making Your Law Firm Media Savvy from Top to Bottom

President Donald Trump’s complaints about anonymous media sources and unauthorized White House news leaks are symptoms of a lack of planning that offers an important lesson in crisis communications for law firms, writes Bruce Vincent of Muse Communications.

“If the President or his emissaries had properly established a few key rules and a solid media game plan before the inauguration, it’s possible that Team Trump would be spending a lot more time advancing the administration’s policies rather than responding to media bombshells,” according to Vincent.

His advice for the administration includes: establish a media chain of command, treat a crisis communications like a fire drill, managing expectations, and conducting a crisis communications follow-up.

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Are Employment Contracts the Real Stars of the NBA Draft?

BasketballThe NBA Draft was June 22, and while fans focused on their favorite team’s selections, the newest professional players and their lawyers had more weighty concerns to address: employment contracts.

Dallas-based attorney Rogge Dunn, partner at Clouse Dunn, works with professional athletes and coaches including Basketball Hall of Fame Coach Larry Brown.

In a blog post on the website of Androvett Legal Media & Marketing, Dunn said:

Athlete employment contracts are singularly unique in many ways. For example, compensation may be tied to a player’s performance metrics, such as shooting averages, games played or post-season awards, and are likely to be quite invasive on issues including the player’s weight, health issues and off-season activities. Also, unlike most employment contracts, they will likely contain morals clauses.

However, so-called ‘guaranteed contracts’ protect most athletes in a way that most of us with employment contracts do not have, by guaranteeing their compensation even if an injury prevents them from playing. We should all be so lucky to have guarantees such as these. Most executive contracts terminate payments or force a leave of absence if you are disabled or can no longer do the job.

 

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Miller & Chevalier Elects New Leadership

Miller & Chevalier Chartered announced that the firm’s members elected Marc J. Gerson, member and vice chair of the Tax Department, as chair of the firm effective July 1, 2017. Gerson will assume the role following the lengthy and venerable tenure of current Chair Anthony F. Shelley, who steps down after 10 years of service on the Executive Committee, including almost six years as chair.

“Marc is an incredibly talented, thoughtful lawyer who has served in a number of leadership roles in his career, and he is an excellent choice to lead Miller & Chevalier as the firm closes in on its 100th anniversary in 2020,” Shelley said. “I have great confidence in Marc’s dedication to and vision for the firm, and know he will continue to build on our past accomplishments as he leads us into the future.”

In a release, the firm said:

Gerson was an Associate at Miller & Chevalier starting in 1995 and rejoined the firm in 2007 after serving as Majority Tax Counsel to the U.S. House of Representatives Committee on Ways and Means. In that role, he acted as the staff liaison to Committee on Ways and Means members, the U.S. Senate Committee on Finance, the Joint Committee on Taxation, and the U.S. Department of the Treasury, and served as counsel on all major tax legislation enacted in the 109th Congress. At Miller & Chevalier, he has served as Chair of the Lawyer Development Committee and as a member of both the Compensation and Nominating Committees, in addition to his current position as Vice Chair of the Tax Department.

“My fellow Members and I appreciate Tony’s diligent and successful stewardship of the firm over the past several years,” Gerson said, “and I am honored to be selected to serve as the next Chair of Miller & Chevalier’s Executive Committee.”

Shelley, who joined the firm in 1987, is the firm’s third-longest serving Chair after firm founder Robert N. Miller and esteemed Tax Member David W. Richmond. “It was one of the highlights of my career to serve as Chair of Miller & Chevalier,” he said. “I’ve had the wonderful privilege of leading the firm during a period that saw us welcome a number of new Members and enjoy great successes on behalf of our clients.” He also oversaw Miller & Chevalier’s March 2016 move into a new, trophy-class office building at 900 Sixteenth Street, NW, in the heart of Washington’s central business district.

In addition to Gerson, the firm’s Executive Committee will include Vice Chair Maria O’Toole Jones, Tax Department Chair George A. Hani, Litigation Department Chair Andrew T. Wise, International Department Chair Kathryn Cameron Atkinson, Employee Benefits Department Chair Theresa S. Gee, and At-Large Member Adam P. Feinberg.

 

 

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Former White House Counsel Jack Quinn Joins Manatt in Washington

Manatt, Phelps & Phillips LLP announced that Jack Quinn has joined the firm’s Washington, D.C., office as a partner in the litigation group and as chair of the firm’s federal regulatory and government practice.

“Jack is a tremendous addition,” said William T. Quicksilver, Manatt’s chief executive officer and managing partner. “His experience both in and out of government adds a further dimension to our strong national practices, serving clients who face major crises that may involve litigation, regulatory, public policy or legislative elements. Companies and individuals under government scrutiny at all levels will benefit from his exceptional legal and crisis management counsel. Jack has honed truly extraordinary skills at the intersection of law, public policy, politics and communications, and his professionalism has earned him a great reputation and great relationships across partisan political divides.”

In a news release, the firm said:

Immediately before joining Manatt, Quinn chaired Quinn Gillespie & Associates, a bipartisan public affairs firm he co-founded in 2000 to provide government relations and strategic communication services. His clients spanned the high tech, financial services and insurance, telecommunications, industrial and healthcare fields. In recent years, he also practiced law as a solo practitioner and served as co-counsel in major mass tort litigation.

“Jack is a Washington legend,” said Douglas Boggs, Manatt’s D.C. office administrative partner. “A definitive Capitol insider, he knows the executive and legislative realms from the inside out. When trouble strikes, Jack is who you want to help navigate the regulatory and political shoals inside the Beltway. We are thrilled to welcome him to Manatt.”

Quinn added, “I have long been an admirer of Manatt’s unique approach — bringing top-tier lawyering, notably in the litigation group, together with astute business consulting and strategic advocacy. This seamless combination of disciplines mirrors my own career to this point, and allows the firm to provide particularly creative, highly effective solutions for clients. The energy and engagement here are infectious, and I look forward to working with this talented team.”

Quinn’s government service includes serving as counsel to the president of the United States. In that role, he advised President Bill Clinton and senior White House staff on the legal aspects of policy proposals, legislation, and certain classified and unclassified executive actions, as well as on investigations undertaken by both independent counsel and congressional committees. At the time of his appointment as White House counsel, Quinn was chief of staff and counselor to Vice President Al Gore.

Quinn practiced law at an Am Law 100 firm for more than 20 years. Early in his career, he worked on Capitol Hill, serving on staff for the U.S. Senate Select Committee on Nutrition and Human Needs and for a member of the Senate Finance Committee.

He has served on the boards of several companies, including Alternative Packaging Systems, The Water Company, Constellis Holdings Inc. (where he co-chaired the governance and compliance committee), the Philadelphia Stock Exchange, Fannie Mae and the Robert F. Kennedy Memorial.

After earning an undergraduate degree from Georgetown University College of Arts and Sciences, Quinn received his J.D. from Georgetown University Law Center, where he was an editor of the Georgetown Law Journal.

 

 




Judge Rips Lawyers in IP Rift; Will Award Fees to Defendants

copyright-symbol-intellectual-property-ipA New York federal judge has ruled that no “reasonable attorney” would have sued news organizations for broadcasting or publishing seconds-long clips from the 45-minute live Facebook video of a childbirth, reports Ars Technica.

And the media outlets defendants are entitled to recover what may amount to hundreds of thousands of dollars in legal costs, writes David Kravets.

“No reasonable lawyer with any familiarity with the law of copyright could have thought that the fleeting and minimal uses, in the context of news reporting and social commentary, that these defendants made of tiny portions of the 45-minute video was anything but fair,” U.S. District Judge Lewis Kaplan of New York wrote.

Read the Ars Technica article.

 

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The Dumbest Class Action Claim Ever

The Milwaukee Journal Sentinel reports on a pair of class-action lawsuits against Home Depot and Menards that Above the Law calls “the dumbest class action claim ever.”

As Journal Sentinel reporter  explains:

Menards and Home Depot stand accused of deceiving the lumber-buying public, specifically, buyers of 4×4 boards, the big brother to the ubiquitous 2×4.

The alleged deception: The retailers market and sell the hefty lumber as 4x4s without specifying that the boards actually measure 3½ inches by 3½ inches.

Above the Law’s Joe Patrice explains that everybody who ever built anything already knew that 3½ by 3½ is the industry standard:

In fact, if retailers started selling boards that were 4 inches by 4 inches, they’d actually be useless because they wouldn’t match up with all the other standardized materials that assume the board will be 3 1/2″ by 3 1/2″.

Read the Journal Sentinel and Above the Law articles.

 

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Former Tax Judge Sentenced To Prison for Tax Fraud

Taxes - IRS - Internal Revenue ServiceFormer Minnesota Tax Court Judge Diane Kroupa is headed to prison for tax fraud, reports Minnesota Lawyer. Her husband, a self-employed lobbyist and political consultant, also received a shorter sentence.

Judge Wilhelmina M. Wright in U.S. District Court in St. Paul sentenced Kroupa to 34 months in prison and Robert Fackler to 24 months. They must pay $457,104 in joint restitution, writes reporter .

Both defendants entered guilty pleas, admitting to conspiring to obstruct the IRS by claiming personal expenses as business expenses. Those expenses included vacations, Pilates classes, upkeep and renovation and utilities for their home, and more.

Read the Minnesota Lawyer article.

 

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Littler Adds Shareholder Renea Saade in Anchorage

Employment and labor law firm Littler has added Renea I. Saade as a shareholder in the Anchorage office. Saade was previously a partner in the labor and employment group at Stoel Rives LLP.

“Renea has an impressive background counseling employers in Alaska as well as throughout the Pacific Northwest, and is a great addition to our Anchorage office,” said Doug Parker, office managing shareholder in Anchorage and Portland. “She serves as a trusted adviser to her clients and her depth of experience, especially in the energy, construction and government contracting industries, will be a significant benefit to the firm.”

In a news release, the firm said:

Saade counsels employers on a wide range of issues that arise in the workplace, including accommodation and leave requests, wage and hour compliance, enforcement and defense of non-competition and non-solicitation agreements, workplace investigations, discipline and terminations. She regularly advises employers on developing, updating and enforcing employee contracts and policies and has particular experience advising government contractors on the complex requirements and unique risks they face in managing their workforces. Saade often serves as an independent workplace investigator and trainer on various employment law issues, including the prevention of discrimination and harassment in the workplace. She also represents employers before governmental agencies and local courts.

“Littler’s capabilities and experience in the labor and employment space are exceptional and I’ve long had a high regard for Doug Parker and the firm’s work in Alaska and the Northwest,” Saade said. “I look forward to drawing on Littler’s unparalleled platform and resources to continue to support the labor and employment law needs of companies operating in this region.”

Outside of her legal practice, Saade serves as board president of YWCA Alaska and is a member of several community and legal organizations, including the Kohanic Broadcasting Board of Directors, the Anchorage Association of Women Lawyers Board of Directors, Mother Attorneys Mentoring Association of Seattle, the Washington Defense Trial Lawyers and DRI. She is a regular speaker and author on employment law developments, and is an active member, presenter and trainer for the Alaska Chapter of the Society for Human Resource Management. Saade also provides pro bono counsel to several public broadcasting and social service non-profit organizations.

Saade has been named one of “America’s Leading Lawyers for Business” in Alaska by Chambers USA each year since 2014. She received her J.D. from Northeastern University School of Law and her B.A. from the University of Washington.

 

 




Simon Greenstone Earns 2016 Top Verdict Recognition in California, Arizona

TopVerdict.com has recognized Dallas trial law firm Simon Greenstone Panatier Bartlett, P.C. for securing the largest jury verdict in Arizona, and the largest asbestos case verdict in California, in 2016.

In Arizona, a federal jury awarded $17 million to the family of a retired civilian employee of the U.S. Navy who died from mesothelioma after working for years in the Norfolk Naval Shipyard in Virginia. The case was Coulbourn v. Crane in the U.S. District Court for the District of Arizona.

In a news release, the firm said attorneys David C. Greenstone, Jordan Blumenfield-James and Samuel Iola represented George Coulbourn’s family. Coulbourn, a shipyard machinist, repaired and maintained equipment including the removal of asbestos-containing gaskets and packing from valves. He died at age 73, less than a year after being diagnosed. After a three-week trial, jurors found Crane Co. and William Powell Co. liable for Coulbourn’s death and assessed punitive damages against both defendants.

In California, a Los Angeles jury awarded $18 million, a record verdict in a mesothelioma case tied to cosmetic talc. The case involved Philip Depoian, a prominent political figure and longtime aide to Mayor Tom Bradley, who was diagnosed with mesothelioma in May 2015.

Evidence showed Depoian was exposed to asbestos in talc products at a barber shop and through personal use of products such as Old Spice, Clubman, Kings Men and Mennen Shave Talc. Jurors found talc supplier Whittaker Clark & Daniels liable for supplying asbestos-containing talc to the manufacturers. Attorneys Jay Stuemke and Stuart Purdy represented Depoian in the case, Depoian v. American International Industries, Inc., in Los Angeles Superior Court.

“We are pleased that our verdicts have been recognized as landmarks in jurisdictions across the country. But more than that, we are very proud of the work we are doing to help all of our clients, wherever their cases may be,” said Greenstone, co-founder and shareholder of Simon Greenstone Panatier Bartlett, P.C.

Co-founder and shareholder Jeffrey Simon said, “We work hard to make sure that those who have been injured by dangerous products or workplaces get the justice they deserve.”

TopVerdict.com recognizes law firms and attorneys who have obtained the highest jury verdicts in individual states and nationwide in specific practice areas.

 

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DLA Piper Adds Corporate Partner Danish Hamid in Washington, DC

DLA Piper announced that Danish Hamid has joined the firm’s Corporate practice as a partner in Washington, DC.

Inn a release, the firm said Hamid is an international lawyer who focuses on cross-border business transactions, regulatory compliance and internal investigations. He has significant experience drafting and negotiating complex international sales, licensing, outsourcing, distribution, joint venture and foreign government and military procurement contracts. For nearly 20 years, Hamid has counseled clients on a variety of regulatory matters, including those related to the US Foreign Corrupt Practices Act (FCPA) and other anti-bribery laws, anti-money laundering, data privacy, US economic sanctions and the Committee on Foreign Investment in the United States (CFIUS).

The release continues:

“Danish has a deep understanding of both domestic and global compliance requirements, which will serve our clients well in today’s challenging regulatory landscape,” said John Gilluly, DLA Piper’s US chair of the Corporate practice. “His skills and knowledge integrate closely with our leading global white collar and regulatory practices.”

Hamid has led numerous internal investigations and corporate matters in Asia, Africa, the Middle East, and Latin America for publicly-traded and private companies. He regularly advises C-level managers, company boards, audit committees, and outside auditors on investigations and related government disclosure strategies. Hamid has also counseled a variety of businesses on implementing and auditing compliance programs, and is regularly called upon to support regulatory due diligence efforts in the context of M&A transactions, private placements, capital market deals, joint ventures, and reseller, vendor, and business partner relationships. His clients range from emerging companies to prominent multinational public companies in the technology, healthcare and life sciences, investment banking, venture capital, energy, defense, aerospace, and education fields.

“With so much uncertainty in Washington, particularly within the life sciences and technology industries, it’s more important than ever for companies to ensure they’re staying on track,” said Jeff Lehrer, managing partner of DLA Piper’s Washington, DC, office. “Danish’s attention to detail in leading investigations across various industries and his reputation for efficiently and effectively handling clients’ needs will be very valuable to our clients.”

Hamid joins from Cooley, where he was the co-chair of the firm’s FCPA and International Anti-Corruption Practice. He is the most recent addition to DLA Piper’s Washington, DC, office in recent months, following partners Raphael Larson, John Rah and Anna Spencer.Additionally, the firm’s Corporate practice has added partners throughout the US this year, including Jeff Legault (New York), Omari Sealy (Miami) and Paul Wassgren (Los Angeles).

Hamid received his J.D. from George Washington University, where he was a member of The George Washington International Law Review. He earned his B.A., with honors, in Jurisprudence from the University of Oxford.

 

 

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Get the In-House Processing & Review How Tos

Zapproved has published a guide that discusses five ways to save costs and build efficiencies by bringing e-discovery processing and review in-house. The guide can be downloaded at no charge.

On its website, the company says keeping in-house e-discovery costs in check is a constant balancing act. Complex litigation and regulatory matters — along with pressure to streamline operational spending — create an often expensive e-discovery reality.

According to a study from FTI Consulting, the majority of Fortune 1000 corporations now spend $5-10 million annually on e-discovery with 70% of the costs tied directly to document review.

The guide shows how to take charge of e-discovery by leveraging easy-to-use and secure in-house tools that minimize business risk — and maximize budgets.

  • Unlock detailed tips in this guide from Zapproved to get started. It outlines six ways to slash spending and boost efficiencies. Find out how to:
  • Use modern, cloud-based e-discovery software tools to bring routine e-discovery processes in-house.
  • Modernize legacy systems to limit dependence on IT.
  • Empower legal teams to slash expenses, improve data security and speed time to resolution.

The guide also offers step-by-step recommendations and best practices to help:

  • Get insights faster by plugging in data processing tools
  • Save money by reviewing routine, high-velocity matters in-house
  • Improve response to internal investigations and FOIA information requests

Download the guide.

 

 




3M Lawyer on Cutting More Than 250 Law Firms

General counsel support is crucial for corporate legal departments that are trying to decrease the number of law firms they work with, 3M Co.’s managing counsel said, writes Yin Wilczek for Bloomberg BNA.

Joseph Otterstetter, who leads his company’s ongoing convergence efforts, told Wilczek that the most important step is making sure the in-house team is “aligned, starting with the general counsel. There will be resistance, I promise, and so if the general counsel isn’t supportive, it’s best not to even start, frankly.”

3M launched its effort convergence in 2013, when it cut the about 300 of its U.S. outside firms to about 35 to 36 firms, said Otterstetter, who also is associate general counsel of 3M. And more recently the company re-assessed the major portfolios into which it divides its legal work, he said.

Read the Bloomberg article.

 

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Supreme Court Ruling in Drug Case Could Have Big Implications for Product Liability

A Supreme Court decision could make it harder for large groups of plaintiffs to sue corporations in state courts for damages caused by manufacturers’ products, reports Politico.

The court sided with Bristol-Myers Squibb to limit where patients can seek compensation for harm caused by drugs.

“But the ruling will echo beyond the pharmaceutical industry to potentially affect any liability case in which consumers allege harm caused by a deficient product, including automobiles, tobacco, food and other mass litigation like consumer claims of financial fraud by a company,” writes Sarah Karlin-Smith. “It could also affect lawsuits against companies being accused of environmental wrongdoing.”

Karlin-Smith quotes a blog post by James Beck, who works with pharmaceutical and product liability law at Reed Smith: “This is one of the most important mass tort/product liability decisions.”

“It will extremely limit the notion that large companies can be sued by anyone, anywhere,” he explained.

Read the Politico article.

 

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Bored by $1,000-an-Hour Pay, a Lawyer Hunts Wall Street Scores

Bloomberg Law profiles lawyer Dan Brockett, who ditched a job representing the world’s biggest banks for $1,000 an hour, and started earning his keep by suing the very companies that used to pay his bills — working on a contingency.

“On a recent weekday at his firm, Quinn, Emanuel Urquart & Sullivan LLP, Brockett said he couldn’t be happier that he made the switch to what he calls ‘success-based’ billing,” writes reporter Matt Robinson. “The 61- year-old senior litigation partner, wearing jeans and a sweater, pointed to a framed photo of a $250 million legal fee award that hung like a trophy over the desk of his office on Manhattan’s Madison Avenue.”

The profile shows how Brockett worked with the Commodity Futures Trading Commission, developing a network of sources across Wall Street who send disgruntled bankers his way. If the cases are successful, some of those whistleblowers can see pay days of as much as $30 million.

Read the Bloomberg article.

 

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HIPAA 101: The 30-Minute Guide to Understanding Compliance

RegulationCompliancy Group will present a free webinar on HIPAA compliance, titled “The 30-Minute Guide to Understanding Compliance.”

The event will be Tuesday, June 27, at 2 p.m. EDT.

In this webinar, the goal is to break down HIPAA compliance by walking you through the Regulation since the moment it was enacted in 1996, Compliancy Group says on its website.

“Through the years HIPAA regulation has undergone significant change, and the need to understand the Regulation has as well.

“Though it was once just another regulation, HIPAA has become a cultural issue for health care organizations of all kinds, affecting how to run a practice and the means of doing business. Join us through this timeline of HIPAA compliance and a how it pertains to you as a Covered Entity or Business Associate,” the site adds.

Register for the webinar.

 

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Foley Adds Construction Attorney Lisa Glahn in Boston

Lisa Glahn has joined Foley & Lardner LLP’s Construction Practice as a partner in the Boston office.

Glahn’s practice focuses on construction, real estate and project development, where she counsels on strategic deal structuring, contract formation, complex litigation and claims resolution, among other issues. She represents clients in both the public and private sectors, including contractors, developers, lenders and owners through all project phases.

“Lisa has a versatile practice and can offer services from the transactional commencement of a project until the last dispute is resolved in litigation,” said Jeffrey Blease, chair of Foley’s Construction Practice. “She’s particularly adept at litigating and managing trial teams on complex, high-stakes projects that involve multiple parties.”

In a news release, the firm said:

Glahn has successfully handled construction litigation cases and disputes related to waste-to-energy and EPC projects, design-build ventures, and hospital, university, real estate and transportation development projects. On the transactional side, she drafts and negotiates general contracts, subcontracts, consultant agreements, construction management agreements, development agreements and other project related documents.

“Lisa has the judgment and experience to handle the most complex construction issues, of which there are many across Boston’s burgeoning industries and real estate market,” said Susan Pravda, managing partner of Foley’s Boston office. “In addition to the excellent service she provides to clients, Lisa regularly lends her professional skills to the local community and supports organizations that promote the greater good.”

From 2004 to 2005, Glahn worked as a special assistant district attorney with the Middlesex District Attorney’s Office, where she tried more than 30 cases and advocated for social justice and human rights on behalf of underrepresented and marginalized constituencies. She serves on the board of the non-profit organization Women in Construction, and is a former board member of the National Association of Women in Construction – Boston Chapter. Lisa is also a member of the American Bar Association, Massachusetts Bar Association and Women’s Bar Association.

Prior to joining Foley, Glahn was a member at Mintz Levin.

 

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Christopher Moore Joins Hogan Lovells’ Global M&A Practice

Hogan Lovells announced that Christopher Moore has joined the firm’s Corporate Practice as a partner in Northern California.

“Chris is a tremendous addition to our global M&A team, with deep expertise advising clients on both public and private transactions,” said David Gibbons, Global Head of Hogan Lovells’ Corporate Practice Group. “His joining is another step in our focused effort to increase the capabilities of our M&A practice in key markets.”

Moore joins from Weil, Gotshal & Manges on the heels of the addition of market-leading M&A partners Richard Climan, Keith Flaum, Jane Ross and IP and Technology Transactions partner John Brockland, all of whom Moore worked with extensively at his prior firm.

“Chris is a superb M&A lawyer. Our clients very much enjoyed working with him at our prior firm, and we are elated that he has decided to join us at Hogan Lovells,” said Climan.

Moore focuses on representing major technology and life sciences companies on a wide range of domestic and cross-border transactional matters, including acquisitions, divestitures, and joint ventures. He has played a leading role on teams advising Eli Lilly on its acquisition of CoLucid Pharmaceuticals; zulily on its sale to Liberty Interactive; XenoPort on its sale to Arbor Pharmaceuticals; Adobe Systems on its acquisition of Aviary; Synopsys on its acquisitions of Protecode, Gold Standard Simulations, Cigital and Codiscope; and Vonage on its acquisitions of Telesphere Networks, Simple Signal and iCore Networks.

“I’m excited to again team up with Rick, Keith, and Jane as part of the top-ranked Hogan Lovells corporate team,” said Moore. “Hogan Lovells’ platform and market leading expertise in key areas will help us continue to deliver top-tier M&A services to clients across the globe.”

Moore received a B.A. cum laude and a J.D. from the University of California Los Angeles.

 

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A ‘Dramatic’ Gender Wage Gap Awaits In-House Counsel

Gender pay gapThe Association of Corporate Counsel released its latest in-house trends report, which revealed that a higher percentage of women’s salaries were on the lower end of the salary scale than those of their male counterparts, reports Above the Law.

“The survey, based on responses from 1,800 in-house counsel in 53 countries, further stated that while a higher proportion of men existed in six of seven salary bands above and beyond $199,000, only 8 percent of male respondents actually believed that the in-house gender wage gap existed,” according to reporter Staci Zaretsky.

The ACC report also found that more than one-third of female respondents have had trouble finding satisfactory after an absence of six months or less. And longer absences hurt even more.

Read the Above the Law article.

 

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‘Gainful Employment’ No True Test of School Success

Two weeks before it was set to take effect, the Department of Education has stopped the implementation of a rule designed to hold for-profit colleges accountable for marketing claims about employment rates for graduates. Had the Borrower Defense to Repayment rule taken effect, for-profit colleges would have had to prove their programs led to the “gainful employment” of graduates or risk the loss of federal aid, according to a post by Androvett Legal Media & Marketing.

“There is no doubt that the student loan bubble may burst in the near future due to the crushing amount of student loan debt resulting from the skyrocketing costs of attendance combined with the limited availability of jobs upon graduation,” says Dallas bankruptcy attorney Aaron Gottlieb of Godwin Bowman & Martinez.

“However, some responsibility must still remain with the student loan borrower to carefully choose which colleges and programs to attend. If a for-profit school provides the student an education and degree for which the student paid tuition, then a ‘gainful employment’ requirement following graduation seems to be too broad a brush to wield in determining whether the for-profit school made a material misrepresentation.

“In fact, several lawsuits have been dismissed over the past five to 10 years on the basis of student borrowers’ reliance on publications such as U.S. News & World Report, which listed inaccurate employment rates of graduates. The courts have consistently considered this information mere ‘puffery,’ rather than any sort of guarantee. I fail to see the difference between touting ‘employment rates,’ and promising ‘gainful employment.’ They appear, from my perspective, to be one and the same.”

 

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Energy Department Seeks Input on Regulatory Reform

The Department of Energy has published a request for information soliciting guidance on potential regulations that should be modified or repealed to reduce burdens and costs, reports K&L Gates.

“This is part of a government-wide initiative to overhaul the federal government’s regulatory regime, set in motion with an executive order signed by President Trump just after his inauguration. This RFI also comes after President Trump signed an executive order, ‘Promoting Energy Independence and Economic Growth,’ which seeks to review all regulatory actions that hamper the domestic production of fossil fuels and nuclear energy,” according to the article.

Authors Tim L. Peckinpaugh, David L. Wochner, Kathleen L. Nicholas and David L. Benson write that the RFI sets a July 14, 2017, deadline for public comment.

Read the article.

 

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