While the public watches President Trump churn through White House staff members, his Administration is humming along nicely in filling federal judgeships, with the enthusiastic assistance of the Republican majority in the Senate, points out Jeffrey Toobin in The New Yorker.

Neil Gorsuch to the Supreme Court was Trump’s most important victory. Senate Republican leader Mitch McConnell kept that seat vacant for nearly the full final year of Barack Obama’s presidency.

“But McConnell didn’t just protect a Supreme Court seat for the next President; he basically shut down the entire confirmation process for all of Obama’s federal-judgeship nominees for more than a year,” Toobin writes. “It’s the vacancies that accumulated during this time—more than a hundred of them—that Trump’s team is now working efficiently to fill.”

Read the New Yorker article.

Join Our LinkedIn Group

In a Maryland case, the U.S. Supreme Court rejected the state’s effort to offer incentives for new gas fired power plants, ruling that the subsidies impermissibly encroached on the Federal Energy Regulatory Commission’s authority under the Federal Power Act, writes Hugh E. Hilliard, a senior counsel with O’Melveny & Myers. But the Court left open the broader issue of whether states have the power to offer other forms of energy incentives.

“Now several cases before the courts are raising just that question, with potentially far-reaching implications for nuclear and renewable energy, although recent decisions in those cases have upheld state subsidies that are not directly tethered to sales of electric energy at wholesale, which are subject to FERC’s exclusive jurisdiction,” according to Hilliard.

He writes that the latest developments in federal courts indicate that state subsidies for renewable energy, including renewable-energy portfolio standards and mandated procurement programs, are safe from challenges, at least for now.

Read the article.

Employers must ensure that their supervisors do not unwittingly modify the at-will relationship with employees, warns Pullman & Comley.

“Statements such as ‘you’ll have a long career here’ or ‘you’ll be taken care of’ may be interpreted by an employee to mean that an implied contract of employment has been formed,” writes Margaret Bartiromo. “Connecticut courts recognize a claim for wrongful termination based on an implied employment contract if the employee can prove that the employer agreed, by words or action, not to terminate the employee without just cause and that the parties agreed on definite terms (such as compensation and fringe benefits) that are supported by consideration (such as a bonus or pay raise).”

She added that employee handbooks should state that the at-will arrangement can only be altered in a writing signed by the employee and an authorized officer of the company.

Read the article.

Join Our LinkedIn Group

Some companies have taken the idea of demanding loyalty through noncompetition agreements a bit too far, writes Alan Greenblatt in Governing.

“They are forcing workers at all levels of the business to sign noncompete agreements, barring them from leaving to join another company in the same field for a specified period of years. Those contracts may be defensible for the head of research at a pharmaceutical company, or even a top-flight software engineer, but sandwich makers, yoga instructors and summer camp counselors have also been prevented from jumping to competitors,” according to Greenblatt.

He quotes Evan Starr, a management professor at the University of Maryland: “If only CEOs were signing these, I don’t think anybody would care about it.”

Read the article.

Join Our LinkedIn Group

The speed and informality of email can lead to the inadvertent use of contract-forming language, resulting in unintended binding agreements, warns Jason A. Levine, a partner in Vinson & Elkins.

“This problem is exacerbated by legal regimes that favor the recognition of contracts formed by email, with the intent of facilitating electronic commerce and online shopping. There are, however, several steps that companies can take to reduce their exposure to the danger of accidental contracts,” he writes.

In his article, he discusses the benefit of adding a statement to business emails stating that the company intends to be bound only by a written agreement. He then goes on to cover other ways to avoid accidental contracts.

Read the article.

Join Our LinkedIn Group

Aliya Ramji, director of legal and business strategy for Figure 1 Inc., responds to a question from a corporate lawyer who asks about the most important parts of a non-disclosure agreements.

Writing in the ACC Docket, she explains that she uses two strategies to keep up with the volume of NDAs.

The first is to draft a template NDA for the business unit. Then, in order to better facilitate the review process, she develops negotiation parameters for the business units.

In the article, she discusses some key elements to include, including identification of the parties, defining the confidential information, the purpose of the disclosure, what is excluded, and the term.

Read the article.

Join Our LinkedIn Group

Legal rankings were previously limited to only a handful of outlets such as Martindale-Hubbell and The Best Lawyers in America, but that roster has expanded rapidly in the past two decades, writes Bruce Vincent for Muse Communications.

“Today, the glut of top lawyer lists and top law firm rankings makes it difficult to determine which of them mean anything at all,” he warns.

He explains that there are many tasteful ways to let the world know about a lawyer being selected to one of the lawyer lists.

The article discusses the tips: buy a expanded online profile, update the “online you,” be smart when advertising, don’t forget social media, and issue a press release.

Read the article.

Join Our LinkedIn Group

Do words matter? A Dallas County jury recently ruled — to the tune of $1 million — that they do, according to a post by Androvett Legal Media & Marketing.

In March 2015, Dallas wedding photographer Andrea Polito filed a defamation lawsuit against former clients Neely and Andrew Moldovan.

Polito, who photographed the couple’s wedding in 2014, alleged they launched a large-scale social media campaign against her over what they claimed were unreasonable fees associated with the delivery of their wedding photos.

In a TV interview, the couple charged that Polito was “holding their pictures hostage.”

According to the suit, the newlyweds posted to social media and blogs that Polito “cheated” and “scammed” people, and that they were “pretty sure [Polito’s] business was done.”

As their online onslaught went viral, Polito said the allegations ruined the business she spent 13 years building.

“People knew me and my reputation,” she told the Dallas Morning News. “All the name-calling, all the bullying … I was humiliated.”

In court, Polito’s attorney, Dave Wishnew of Gruber Elrod Johansen Hail Shank LLP, argued the Moldovans should be held liable for defamation, disparagement and civil conspiracy.

The jury agreed, awarding Polito $1.08 million in actual and punitive damages.

“We hope that this sends a message that freedom of speech does not mean freedom from consequences,” Wishnew said. “The right to air legitimate grievances and opinions doesn’t extend to a concerted campaign designed to defame and destroy someone’s hard-earned business.”

Join Our LinkedIn Group

Employment and labor law firm Littler has added Donald C. Dowling Jr. as a shareholder in the New York office. Previously a partner with K&L Gates and prior to that a partner with White & Case, Dowling joins Littler with extensive experience counseling U.S.-based multinational companies on cross-border employment issues.

“As we continue to expand our global platform, adding lawyers like Don with deep experience counseling multinational employers on regulatory and compliance issues is an important part of our growth strategy,” said Tom Bender and Jeremy Roth, co-managing directors of Littler, in a joint statement.

Peter Susser, chair of Littler’s International Employment Law Practice Group added: “Don is among the world’s leading lawyers advising U.S.-based companies on outbound international labor and employment laws. He will provide valuable counsel to our clients as they navigate an increasingly complex legal and regulatory landscape with regard to operating across borders.”

In a release, the firm said Dowling provides counsel on global employment law matters, including codes of conduct and HR policies that guide operations in multiple jurisdictions, international compensation and benefits issues, whistleblower hotlines, and cross-border internal investigations and HR compliance audits. He regularly advises clients on employment matters that arise with international restructurings, reductions in force, mergers, acquisitions, and outsourcing. Additionally, Dowling helps clients properly engage independent contractors overseas, manage expatriate programs, and develop employment agreements and employee handbooks, the firm said.

“I have been counseling U.S.- and foreign-based companies with global operations for many years and have long respected Littler’s reputation and capabilities in the global arena,” Dowling said. “Littler’s growth in recent years, particularly in Europe and Latin America, is impressive and I am excited to join forces with the firm’s top-notch international lawyers, who are among the best in the industry.”

Earlier in his career, Dowling served as in-house international employment counsel for a Fortune 500 company in Paris and as an employment law consultant for a global consulting firm. He has delivered hundreds of presentations on international employment law issues in English and Spanish in countries around the world, and regularly publishes articles and teaches courses on a variety of global employment law topics.

Stephan Swinkels, a shareholder who helps lead the development and integration of the firm’s international practice, added: “Don has a well-earned reputation globally as a knowledgeable and talented practitioner. His practice nicely complements our approach to serving the wide-ranging needs of the global employer community and we are excited to welcome him to the firm.”

Dowling is on the Advisory Board for New York University School of Law’s Center for Labor & Employment Law. He was formerly chair of the cross-border HR group, XBHR, and has chaired international employment law committees associated with several bar associations, including the International Bar Association, the American Bar Association, the New York State Bar Association, the Chicago Bar Association and the Cincinnati Bar Association. Dowling is regularly recognized as a leader in labor and employment law by such organizations as Chambers USA, Legal 500, and Who’s Who Legal.

Dowling received his J.D. from the University of Florida Levin College of Law and his A.B. from the University of Chicago.

Join Our LinkedIn Group

Dallas-based litigation boutique Bailey Brauer PLLC has been selected to BTI Consulting Group’s 2017 ranking of the top 10 law firms in the country with the best client relationships within the consumer goods industry.

BTI’s inaugural guide, Industry Power Rankings: The Law Firms with the Best Client Relationships, is based on a survey of corporate counsel and executives at the world’s largest organizations representing 18 different industries.

“When we started this firm in 2013, it was with the understanding that client relationships would be the foundation for everything we did,” said co-founder Alex Brauer. “To earn this recognition from BTI is an indicator that we have been successful in maintaining that focus.”

To achieve the “Clientopia” status given Bailey Brauer, a firm must earn top rankings in two crucial areas of client service: The client must consider the firm as its primary legal provider and spend the bulk of the organization’s legal dollars with that firm; and the firm must be one the client recommends to peers in an unprompted manner.

“To fully earn the trust of a client you have to be dedicated to putting their needs first, and you have to fully understand what those needs are,” said firm co-founder Clayton Bailey. “The only way to accomplish that is to develop the type of personal, one-on-one relationships we have with our clients.”

Though Bailey Brauer is among the smallest and youngest firms to be selected to this list, it is not the first time the firm has earned recognition from BTI. Earlier this year, Bailey Brauer was selected among law firms with the “best brand standing” in the country, an indicator of how likely it is to be considered for new work. BTI also previously selected Bailey Brauer among the nation’s “most feared” law firms.

Join Our LinkedIn Group

DLA Piper announced that Gislar Donnenberg has joined the firm’s corporate practice as a partner in Houston.

Donnenberg focuses his practice largely on capital markets matters in the energy sector, where he has more than 20 years of experience representing both public and private companies engaged in the exploration, production and distribution of natural gas, crude oil and refined petroleum products. He has represented dozens of clients in high-value deals, including IPOs, public equity and debt offerings and mergers and acquisitions, including “drop-downs” from MLP sponsors, according to a release from the firm.

The release continues:

“The energy markets continue to adapt to fast-changing economic conditions, and DLA Piper’s addition of leading lawyers like Gislar enable us to better serve our clients and expand our representation,” said John Gilluly, DLA Piper’s US chair of the Corporate practice. “We will continue to strategically grow our capabilities in the energy sector to further serve our clients’ needs and to help them achieve their goals.”

Donnenberg also advises clients on corporate governance issues, including those related to regulatory compliance, executive compensation, acquisition structuring and conflicts committees. He has experience in the real estate, aviation, chemicals and healthcare sectors in addition to his work in the energy industry.

“Gislar adds key energy experience to DLA Piper’s leading global energy and capital markets practices. He represents both issuers and underwriters and has significant experience advising public company boards and officers,” said Jack Langlois, DLA Piper’s Houston managing partner and US co-chair of the Energy sector. “Gislar’s extensive experience leading IPOs, MLPs and other capital markets transactions and his relationships with leading energy investment advisors will be tremendous resources for new and existing clients.”

DLA Piper is renowned for its deal-making prowess in the energy space, and I’m excited to join a team of this high caliber,” added Donnenberg.

Prior to joining DLA Piper, Donnenberg was a partner with Paul Hastings LLP. He received his J.D. from the University of Texas School of Law, and his Ph.D. and M.A. from the University of Innsbruck, Austria.

Join Our LinkedIn Group

Greensfelder, Hemker & Gale, P.C., announces a major expansion of the firm’s intellectual property Practice Group with the addition of four IP attorneys in the firm’s St. Louis and Chicago offices.

Mark E. Stallion joins as leader of the patent team. Based in the firm’s St. Louis office, he most recently was a partner with Husch Blackwell LLP. Susan Meyer joins in Chicago as leader of the trademark, copyright and media/advertising team. She also is a member of Greensfelder’s Franchising and Distribution industry group. Also joining the firm in Chicago are Richard C. Himelhoch and Joseph A. Fuchs. Ms. Meyer, Mr. Himelhoch and Mr. Fuchs all previously were with Nixon Peabody LLP.

A release from the firm continues:

“We are thrilled to welcome Mark, Susan, Joe and Richard to our expanding team of intellectual property law practitioners serving our clients throughout the Midwest and the nation,” said Welcome & Participant Introductions Kara E.F. Cenar , the firm’s Chicago-based leader of the Intellectual Property Practice Group. “Each brings a wealth of IP business services and solid patent protection knowledge, as well as experience in diverse industries including technology and start-ups, manufacturing, pharmaceutical, chemical and biochemical, media and advertising, franchising and transportation.”

Greensfelder Chief Executive Officer Timothy R. Thornton said, “This is an exciting time for our firm as we continue to enhance our bench strength in both St. Louis and Chicago to better serve our clients in key practice areas and help them achieve their business goals.”

The new additions continue the IP group’s rapid expansion over the past year. They include practice leaders and seasoned attorneys who provide core business and IP services, as well as serve as the outside IP department for clients.

Cenar added, “Our new IP attorneys also work closely with Greensfelder lawyers in other practice areas, which is critical for enabling us to provide a wide range of legal services to our clients in diverse industries in a cost-effective and efficient manner.”

Stallion’s practice encompasses all areas of intellectual property including patent, copyright, trademark, trade secrets, technology agreements, confidentiality/non-disclosure agreements, and employee/consulting agreements and licensing agreements. In addition, he has a focus on serving the start-up and incubator communities on IP needs involving emerging technologies. Prior to his law practice, Mr. Stallion worked as an engineer and engineering manager for more than a decade. He earned his law degree from St. Louis University School of Law and his Bachelor of Science in Electrical Engineering from Georgia Institute of Technology.

Ms. Meyer handles IP prosecutions, licensing and dispute resolution and has extensive experience in trademark law. She also focuses her practice on franchising and distribution. She draws on her experience as a former business owner to work with franchisors on compliance issues and serves as outside general counsel for clients on general business matters. Currently serving as president of the Chicago chapter of the Norwegian-American Chamber of Commerce, Ms. Meyer also advises companies on matters related to commerce between the United States and Norway. She earned her law degree from Chicago-Kent College of Law and her Bachelor of Arts from Stony Brook University.

Mr. Himelhoch practices in all areas of IP, including patent litigation and prosecution, and has extensive experience before the U.S. Patent and Trademark Office. His work includes domestic and foreign patent prosecution, design around strategies, infringement and validity analysis, trademarks, copyrights, trade secrets and unfair competition, and IP due diligence. Mr. Himelhoch earned his law degree from the University of Wisconsin Law School and his Bachelor of Science from the University of Wisconsin.

Mr. Fuchs focuses his practice on patent prosecution and litigation in the pharmaceutical, chemical and biochemical industries. His clients have included Fortune 100 companies and sole inventors of products. He also has represented generic drug companies in patent infringement lawsuits brought under the Hatch-Waxman Act. Mr. Fuchs earned his law degree from Loyola University School of Law and his Bachelor of Science from the University of Illinois.

Join Our LinkedIn Group

Kristal C. Thomson, a shareholder in Langley & Banack Inc. has been appointed to the Texas Board of Legal Specialization Governing Board by the President of the State Bar of Texas, G. Thomas Vick Jr.

There are only 12 members of the Governing Board, two of whom are family law specialists.

Thomson is a Board Certified Family Law Specialist, and an active member of the State Bar of Texas. In addition, Thomson is a Fellow of the American Academy of Matrimonial Lawyers, a Life Member of the Texas Family Law Foundation, and a Fellow of the Texas Bar Foundation. In addition to being Treasurer of the Family Law Council of the State Bar of Texas, she is a Grievance Committee member for District 10, and a member of the Pattern Jury Charge Committee, Estates & Family Law.

She holds a bachelor’s degree from The University of Texas and a Juris Doctor (J.D.) from St. Mary’s University School of Law.

“I am honored to serve with the state’s top attorneys who are active in promoting excellence in the practice of law,” Thomson said. “This is a dedicated group of professionals who volunteer their time and talent to better our profession,” she added.

Thomson is preparing to speak at the upcoming Advanced Family Law seminar on “Rethinking Rights and Duties.” She frequently gives lectures across the state on relevant topics such as legislation, evidence, procedure and advances in the field of family law.

Join Our LinkedIn Group

The family of two young brothers electrocuted by a downed Oncor power line in a Fort Worth park have filed a wrongful death lawsuit against the electric utility company.

Androvett Legal Media and Marketing reports on its website on the case:

On March 29, 2017, while exploring a heavily wooded section of Fort Worth’s Oakland Lake Park the day after a storm, Alex Lopez, 12, was electrocuted when he came into contact with an energized power line. Moments later, his brother, 11-year-old Isaiah, also was electrocuted when he raced to pull his brother to safety.

“Oakland Lake Park was a place Alex and Isaiah loved and felt safe to explore. It was never a place to fear,” said Dallas lawyer Jeffrey Rasansky, founder of Rasansky Law Firm, who represents Alex and Isaiah’s mother, Tammy Brooks. “But due to Oncor’s negligence and delay in cutting power to this live line, the park became the scene of horror, ending these young boys’ lives.”

According to the lawsuit, Oncor uses interactive smart technology that provides real-time notification of disruptions. Yet the company failed to address line problems in the park until after the tragedy. Even then, it took Oncor workers an hour to arrive on the scene to cut power so that emergency personnel could reach the Lopez brothers. Both boys died from extensive injuries resulting from high-voltage electric shock.

“As the owner and operator of Texas’ largest electric grid, Oncor has a responsibility to operate in a manner that protects all citizens,” said Houston lawyer Arturo Gonzalez of Arthur J. Gonzalez PC, who represents the boys’ father, grandmother and estate. “Not only did Oncor fail to secure the area and de-energize the downed line within a public park, the company also failed to warn the public.”

The lawsuit is Alejandro Luis Lopez, Tammy Brooks, and Ana Lopez as Personal Representative of the Estates of Jose Alexandro Luis Lopez and Isaiah Alexander Luis Lopez v. Oncor Electric Delivery Company, LLC, in Dallas County.

Join Our LinkedIn Group

Clutch Group has published a new book, Guide to Conducting Internal Investigations, providing best practices and guidance for those conducting or overseeing investigations, including boards of directors, general counsel and corporate executives in both the U.K. and the U.S.

Totaling 45 pages, parts 1 and 2 are available now for complimentary download.

As more regimes increase their regulatory enforcement efforts around the globe, internal investigations have become “business as usual” for many companies, especially those in highly regulated industries. But there is no regulatory blueprint for what are accepted standards and practices, and this puts companies at a disadvantage with regulators.

Co-authored with Jake McQuitty of TLT Solicitors, it is not a legal text book but a practical guide; shedding light on what a good investigation looks like whilst guiding investigators though the myriad issues that can arise.

Download the guide.

McKool Smith has secured a $9.4 million jury verdict on behalf of legendary music producer Quincy Jones against the late music icon Michael Jackson’s production company, MJJ Productions Inc., in a breach of contract and royalty dispute. Jones produced a number of the King of Pop’s most acclaimed albums, including “Off the Wall,” “Thriller,” and “Bad.”

According to a release from the firm, the lawsuit centered on allegations that MJJ Productions Inc., which is controlled by Michael Jackson’s estate, failed to pay Jones royalties for the soundtrack to “This Is It,” a documentary that was released just months after Michael Jackson’s death, and Jackson’s Cirque du Soleil productions, which both feature several musical hits produced by Jones.

Read the article.

Above the Law reports that Andrews Kurth has offered a $3,500 bonus to their outgoing 1L summer associates if they accept their offers to return to the firm for their 2L summers within two weeks.

The firm’s announcement, Staci Zaretsky writes:

Should you accept the return clerkship offer by Wednesday, August 16, 2017 you will receive a one-time $3,500 bonus. The bonus will be paid in two installments of $1,750.00; the first installment being paid upon acceptance and the second installment will be paid on your first day of the 2018 Summer Clerkship. If you choose not to take advantage of the early acceptance option, we follow the standard NALP guidelines regarding the deadline for acceptance of a return summer offer.

Read the Above the Law article.

Disgraced South Florida lawyer Jose Camacho — suspected of forging more than 100 judicial signatures on financial settlement cases — was sentenced Thursday to 364 days in jail, plus 10 years of probation, reports the Miami Herald.

Camacho claims he didn’t make any extra money off the illegal shortcuts. Instead, Camacho claimed, he was overwhelmed with work and merely wanted to avoid waiting for backlogged judges to sign off on the paperwork, writes David Ovalle.

Broward Circuit Judge Marina Garcia-Wood — who appeared not on the bench but at the podium as a victim of Camacho’s forgeries — put it more bluntly: “He was lazy. He was purely lazy.”

Read the Miami Herald article.

Join Our LinkedIn Group

Reuters is reporting that accounting company PricewaterhouseCoopers LLP will pay $1 million to settle a civil complaint alleging it conducted a flawed audit into Merrill Lynch’s compliance with federal brokerage customer protection rules, U.S. audit watchdogs said on Wednesday.

“The PCAOB’s penalty against PwC comes a little over a year after the Securities and Exchange Commission ordered Bank of America’s Merrill Lynch to pay $415 million to settle charges it had put its brokerage clients’ cash at risk in violation of customer protection rules,” writes Sarah N. Lynch.

Read the Reuters article.

Join Our LinkedIn Group

Is it OK to mix guns and alcohol? A Texas Court of Appeals seems to be saying, “It depends.”

A post on the website of Androvett Legal Media & Marketing reports that the court ruled that when people are drinking, but not obviously intoxicated, it can’t be assumed that a serious injury will happen just because there’s a gun around. The ruling came in a case in which a woman sued a Houston area homeowner after she was accidentally shot in the ankle at a barbecue where people were drinking. Hours before she was wounded, the plaintiff and other guests shot soda cans with a pistol. The plaintiff testified that she did not feel safe.

The 14th Court of Appeals in Houston concluded that the homeowner couldn’t be sued for premises liability and gross negligence just because there was a gun where beer and wine were served. The ruling isn’t surprising, said Ross Asher of Roberts Markel Weinberg Butler Hailey PC, which has offices across Texas. The Houston-based trial lawyer is experienced in insurance and premises liability matters.

“The most basic aspect of negligence law is foreseeability, and whether a reasonable person in similar circumstances should have foreseen that such an injury would occur. Texas law recognizes the important distinction between merely drinking alcohol and drinking to the point of impaired judgment.

“For example, the law criminalizes driving while intoxicated, but not simply driving after drinking. Thus, the amount of alcohol consumed and the effect of the alcohol on a person are the deciding factors – not the mere fact that some alcohol was imbibed. In this case, there was apparently no evidence that anyone near the firearm showed any signs of excessive drinking and impaired judgment. Therefore, such an incident could not be reasonably foreseen by the homeowner.”

Join Our LinkedIn Group