Buchalter announces that Andrew “Andy” Selesnick, Damaris L. Medina, and Suzanne Cate Jones have joined as shareholders in the Health Care Practice Group in Los Angeles. Selesnick and Medina joined the firm from Nixon Peabody, and Jones joined from Theodora Oringher.

A release from the firm continues:

Selesnick and Medina have successfully litigated a number of high-profile health care cases, many in the health care reimbursement arena. Their clients range from physicians and physician groups to hospitals and urgent care centers, pharmacies, dentists, and elective surgery centers. Selesnick and Medina also defend providers in government investigations for fraud and abuse, and routinely represent health care providers in complex business disputes. Both Selesnick and Medina were recipients of a California Lawyer of the Year (“CLAY”) award earlier this year for their California Supreme Court victory in Centinela Freeman Emergency Medical Associates v. Health Net of California, Inc. (2016) 1 Cal. 5th 994 where they successfully argued that Health Plans may be liable to providers of emergency services for negligently delegating their financial responsibility to IPAs.

Jones regularly advises and represents hospitals, medical staffs, and health systems in litigation involving a range of health care areas, including medical staff and peer review, antitrust, medical privacy/security breach, complex business and commercial contracting disputes, health regulatory issues, business torts, and the Federal False Claims Act. Jones also has successfully litigated and resolved health care related class action matters on behalf of hospital clients, including in the areas of medical privacy/security breach and unfair business practices, and is experienced in defending other types of putative class action lawsuits brought against corporate clients, including in the areas of wage/hour, consumer credit reporting, product liability and antitrust.

“Expanding our Health Care Practice is, and has been a priority for our firm. Andy, Damaris, and Suzanne are not only well-known and accomplished litigators, but also valuable assets to both our Health Care and Litigation Practices,” said Adam J. Bass, President and Chief Executive Officer of Buchalter.

Selesnick is currently a member of the California Society for Healthcare Attorneys, Health Care Law Section of the Los Angeles County Bar Association, and the American Cancer Society Race for the Cure. He earned his J.D., at the University of San Diego School of Law, and his B.A. at the University of California, Santa Barbara.

Medina serves as the Treasurer and on the Board of Directors for the Urgent Care Association of America, serves on the Board for the California Urgent Care Association, and is a member of the Los Angeles County Bar Association, Health Care Law Section, and the California Society for Health Care Attorneys. She earned her J.D., cum laude, at Suffolk University Law School where she earned a certificate in International Law, with distinction, and was also a member of Phi Delta Phi International Legal Honor Society. She earned her B.A. from Tufts University.

Jones has served on the board of the Health Law Committee for the California State Bar. She is also a member of the American Health Lawyers Association; American Bar Association, Health Law Group; and the Los Angeles County Bar Association, Litigation, and Health Care Law Sections. She earned her J.D. from Loyola Law School, Los Angeles where she was an editor of the International and Comparative Law Journal, her B.A. in History, Certificate in Russian Studies from the University of Southern California, and completed Russian Studies at the Pushkin Institute in Moscow, Russia.

“The addition of Andy, Damaris, and Suzanne is very complimentary to the transactional health care and life sciences work we are known for,” added Carol Lucas, Chair of Buchalter’s Health Care Practice Group. “We are thrilled to welcome the newest members of our team, and delighted to offer their impressive capabilities to our clients.”

Join Our LinkedIn Group

Matthew J. O’Hara has joined Freeborn & Peters LLP as a partner in the Litigation Practice Group.

“We are thrilled to welcome Matt to our vibrant Litigation Practice Group,” said Freeborn’s Co-Managing Partner Michael J. Kelly. “Matt brings deep experience as a trial lawyer in diverse commercial matters, particularly involving securities, shareholder and partnership litigation, and the full range of business disputes. Matt also brings substantial experience in professional liability matters for law firms, including legal malpractice, legal ethics, and disciplinary defense.”

A release from the firm continues:

O’Hara concentrates his litigation practice in complex commercial matters in federal and state courts. He has tried cases involving antitrust, the federal securities laws, breach of fiduciary duty, trade secrets, trademark infringement, breach of contract, license agreements, executive employment, the Uniform Commercial Code and criminal defense. He also litigates cases involving private shareholder and partnership disputes, legal malpractice, the Uniform Fraudulent Transfer Act and other commercial matters. He has represented clients in investigative proceedings before the Securities and Exchange Commission, Federal Trade Commission, and Illinois Attorney Registration and Disciplinary Commission. He also is experienced in briefing and arguing state and federal appeals.

O’Hara most recently was a partner at Hinshaw & Culbertson LLP, where he served as a member of the Executive Committee and as co-chair of the Lawyers Professional Liability practice group.

Active in providing pro bono legal services, O’Hara was one of the recipients of the Constitutional Rights Foundation Chicago’s Bill of Rights in Action Award in 2008. He earned his J.D. from Chicago-Kent College of Law and his Bachelor of Arts from Northwestern University.

Join Our LinkedIn Group

Michael Best announces that Steven J. Joffee has joined the firm’s Litigation Practice Group as senior counsel in the Salt Lake City – Midvale office.

“Steven is a respected trial attorney in and around the Salt Lake City region and will bring a wealth of knowledge and appellate experience to our litigation group,” said Richard Ensor, Michael Best’s Office Managing Partner in Salt Lake City. “He joins a team who is passionate about the work and their clients. I’m confident he’ll be a great fit for the firm.”

A release from the firm continues:

Joffee focuses his practice on representing clients in various matters in front of state and federal trial and appellate courts. He has substantial experience litigating matters in a variety of substantive areas, including civil and commercial disputes, product liability, contract disputes, eminent domain, employment issues, and personal injury. He has successfully represented clients in numerous jury trials and appeals, including in appeals before the United States Supreme Court and United States Court of Appeals for the Tenth Circuit.

“I’m excited to have made the move to Michael Best,” said Joffee. “The firm is recognized for its stellar litigation work, and I hope I’ll be able to elevate its presence through exceptional counsel and service to our clients.”

Joffee began his career clerking for Chief Justice Matthew Durrant of the Utah Supreme Court and for Judge Scott Matheson of the United States Court of Appeals for the Tenth Circuit. Following his clerkships, Joffee worked at the Washington, D.C. office of an international, full service, AmLaw “A-List” law firm, and later as a partner at a litigation and corporate law boutique in Salt Lake City.

Joffee earned his J.D. from the University of Utah S.J. Quinney College of Law, where he was executive editor of the Utah Law Review, and he received his B.S. from Brigham Young University.

Join Our LinkedIn Group

Blank Rome LLP announces that Laura Reathaford has joined the firm as a partner in the Labor and Employment group in the Los Angeles office. She joins from Venable LLP.

In a news release, the firm said Reathaford focuses her practice on management-side employment litigation, with special emphasis on representative actions under the Private Attorney General Act (PAGA) and other wage and hour collective and class actions. PAGA allows aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations. The act represents a significant threat to California employers and is in a constant state of change, requiring the most experienced, creative defense counsel.

“We are very excited to welcome Laura to the Firm,” said Alan J. Hoffman, Blank Rome’s Chairman and Managing Partner. “Laura is well known to our labor and employment team for her leadership in the defense of wage and hour claims, especially claims brought under PAGA. She brings considerable strength to this essential labor and employment capability in California, and adds equally considerable strength more broadly across the spectrum of defense-side labor and employment law for our clients across the country.”

The release continues:

Reathaford is a distinguished litigator across the full range of employment disputes, including claims for wrongful termination, sexual harassment, unpaid wages, discrimination, and union grievances. She is also an experienced trial attorney having achieved favorable judgments in numerous PAGA actions, as well as FLSA actions and in single plaintiff retaliation matters. In addition to high-stakes litigation, Reathaford counsels clients on termination issues, employee handbooks, leave and disability rules, and California and federal wage and hour laws. She represents the management of public and private businesses in the manufacturing and grocery industries, as well as in banking, healthcare, and telecommunications, both in California and nationwide.

“Still a relatively new law, PAGA is constantly evolving and our clients in California need the most experienced counsel to respond creatively and effectively to a rapidly increasing number of claims,” said Scott F. Cooper, Partner and Co-Chair of the Firm’s Labor and Employment practice. “Just recently, the California Supreme Court approved class-action like discovery of employee contact information in representative PAGA cases. Laura has been ahead of the curve on PAGA since the beginning. And as we field a growing number of calls from clients regarding PAGA, they will quickly see the benefits of having Laura join our team.”

“The labor and employment group at Blank Rome offers clients an exceptional depth and breadth of talent that I am excited to join and help grow,” said Reathaford. “I also look forward to once again collaborating with Partner Howard M. Knee, with whom I have worked before, as well as contributing high-level client service and legal practice to the Firm as it continues to expand both locally and nationally.”

“Laura will be a tremendous resource to the Firm’s ongoing commitment to diversity and inclusion, particularly with regards to our Women’s Forum,” adds Brooke T. Iley, Partner and Co-Chair of the Firm’s Labor and Employment practice. “Her previous role and experience in leading women’s diversity initiatives at Venable will be instrumental in advancing not only Blank Rome’s affinity groups, but also our firm’s efforts in diversifying the legal profession at large. I am excited for the new insights that she will bring to the table, which will greatly benefit both our clients and Firm.”

Reathaford earned her J.D. from Dalhousie University in Halifax, Nova Scotia, and B.Comm. from the University of Alberta.

Join Our LinkedIn Group

Corporate legal departments can and do pay top-dollar figures to lure lawyers away from partnerships that pay millions of dollars, reports Bloomberg Law.

Apple Inc.’s general counsel/senior vice president Bruce Sewell leads the list of top-paid corporate legal officers with total compensation of $22.8 million, according to Bloomberg’s research on the 500 largest U.S. companies, ranked by revenue.

“Often enough, the lawyers who choose to accept top positions in-house must forgo high salaries and take other forms of compensation — onetime bonuses, rich stock or option grants, generous pension plans, and other perks such as access to a company car or money for expensive real estate, according to a Big Law Business review of proxy statements,” writes Gabe Friedman.

Read the Bloomberg article.

Join Our LinkedIn Group

St. Louis has been a destination of choice for attorneys going after companies that do business nationwide. But those days may be over, and drugmakers such as Bristol-Myers Squibb Co. and Johnson & Johnson couldn’t be more relieved, according to Bloomberg Law.

After the U.S. Supreme Court in June struck a blow against so-called litigation tourism, the fallout in St. Louis was quick. “Within days, J&J, citing the Supreme Court ruling, won a mistrial in a case in which the families of three women blamed their deaths from ovarian cancer on use of the company’s talc products. Two of the families were from out of state,” report Bloomberg’s Margaret Cronin Fisk and Jef Feeley.

The reporters predict more challenges to come in St. Louis, where many non-resident plaintiffs have been flocking for years.

Read the Bloomberg article.

Join Our LinkedIn Group

The Associated Press is reporting that Celgene Corp. has agreed to pay $280 million to settle a whistleblower lawsuit alleging the pharmaceutical company committed fraud promoting a drug with a notorious history that was re-purposed to treat leprosy and another therapy for unapproved cancer treatments.

The agreement, announced by federal prosecutors, came out of a lawsuit filed by a former Celgene saleswoman who said Celgene submitted false claims to Medicare and health care programs in 28 states and Washington, D.C.

“The lawsuit filed by Beverly Brown was brought on behalf of the U.S. government under a federal whistleblower law. She could receive as much as $84 million as her share of the settlement,” writes Brian Melley.

Read the AP article.

Join Our LinkedIn Group

Clarence Webster III, writing in Bradley Arant Boult Cummings’ Labor & Employment Insights, asks and answers the question:  Can you look at an employee’s personal email account if you access it on company equipment?

“A recent opinion from the federal District Court of Maryland should at least make you think twice before doing that,” he warns. “In Levin, et al. v. ImpactOffice, the court denied a company’s motion to dismiss a former employee’s Stored Communication Act (SCA) claim, which arose out of just such a scenario. The court found that former employee Melissa Edwards could proceed with her claim because the accessed emails were retained on Gmail’s servers ‘for purposes of backup protection.'”

Webster discusses the facts of the case and concludes that employers should be wary of accessing an employee’s web-based email account without permission.

Read the article.

Join Our LinkedIn Group

A newfound memo from Kenneth W. Starr’s independent counsel investigation into President Bill Clinton sheds fresh light on a constitutional puzzle that is taking on mounting significance amid the Trump-Russia inquiry: Can a sitting president be indicted?

The New York Times reports that the 56-page memo, locked in the National Archives for nearly two decades and obtained by the newspaper under the Freedom of Information Act, amounts to the most thorough government-commissioned analysis rejecting a generally held view that presidents are immune from prosecution while in office.

Reporter Charlie Savage writes: “It is proper, constitutional, and legal for a federal grand jury to indict a sitting president for serious criminal acts that are not part of, and are contrary to, the president’s official duties,” the Starr office memo concludes. “In this country, no one, even President Clinton, is above the law.”

Read the NYT article.

Join Our LinkedIn Group

An immediate legal appeal was in the works after a federal judge upheld Illinois’ controversial zero-emissions credit program aimed at providing millions of dollars of taxpayer-funded subsidies to keep two money-losing Exelon nuclear plants from closing, reports Platts.

Nuclear generators in other states also are seeking legislative and administrative support to help plants compete against cheaper gas and renewables in a low wholesale power price environment, explains Bob Matyi.

“Chicago-based Exelon, the nation’s largest nuclear generator, won the first round of the legal battle Friday when Judge Manish Shah of the US District Court for the Northern District of Illinois in Chicago dismissed a lawsuit filed late last year by a competitive power group that includes Calpine, Dynegy, NRG Energy and the Electric Power Supply Association,” according to Matyi.

Read the article.

Join Our LinkedIn Group

Glenn West, writing in Weil, Gotshal & Manges LLP’s Global Private Equity Watch, says that agreed damages provisions are a staple of many commercial contracts.

But their enforceability is frequently questioned because of the common law’s requirement that the damages payable for breach of contract not exceed the amount required to compensate the non-breaching party for the foreseeable losses it actually sustained by virtue of the breach.

West discusses a case that he says presents an important practical reminder: practitioners seeking to ensure that agreed damages provisions are enforceable should avoid limiting the items of loss for which the agreed damages are providing compensation and constitute a legitimate pre-estimation.

Read the article.

When businesses have large contract portfolios, tracking the contract lifecycle from initiation though award, compliance and renewal can become a burden without the proper reports, according to WoltersKluwer.

“No matter the information you need – from expiring contracts, contracts awaiting signature, to specific contract values – it should always be close at hand,” according to the article at Lexology.com. “With organized contract management reporting, you can pull critical information such as contract review dates and values and sort contracts by contract owner, responsible departments and counter-parties, to inform business decisions.”

The contract management reports discussed include expiring contracts, draft contracts, pending signature, active contracts and inactive contracts.

Read the article.

Join Our LinkedIn Group

In most cloud engagements these days, it is not only the customer’s data that is in the cloud, but also many key parts of the vendor contract as well, explains Mike Overly of Foley & Lardner.

“That is, the average cloud vendor today generally places several key areas of the contract in the cloud (e.g., service level standards, security measures, support obligations, service descriptions, etc.). In some instances, the entire contract is in the cloud. What this means is that these key contract provisions or the entire contract ‘floats’ in the cloud and can be changed at any time by the vendor, frequently without notice to the customer. Even if the customer is given notice, in many cases, the customer has no right to object to the changes,” Overly writes.

Read the article.

Join Our LinkedIn Group

The perfect confidentiality agreement is, in most cases, overkill and in any event would probably never be signed, writes Bryan K. Wheelock, a principal in Harness Dickey & Pierce.

He says a vast majority of the many CDAs, NDAs and other secrecy agreements signed every day perform adequately for their purpose. Rather than chase perfection, the parties should focus on avoiding mistakes.

He discusses the topic from the perspectives of the both the disclosing party and the receiving party. His article also provides a checklist for a confidentiality agreement.

Read the article.

LinkedIn is the least popular of all the big social media channels, but it’s still considered a must for companies looking for business and individuals looking for jobs, writes Amy Boardman Hunt of Muse Communications.

“In trying to unpack that contradiction, I discovered that there are valid, in fact glaringly obvious, reasons that LinkedIn lags in popularity. In fact, according to this report, more than three-quarters of LinkedIn users log in to the site less than once a month,” she explains.

She offers some helpful tips for maximizing your LinkedIn presence in a low-maintenance way.

Read the article.

Join Our LinkedIn Group

Hogan Lovells announced that David Horowitz, the former Deputy General Counsel of the US Department of Health and Human Services (HHS) who also spent 18 years with the Food and Drug Administration (FDA) as a lawyer and in senior management, has joined the firm as a partner.

“Over the course of his 25 year career at HHS and FDA, David has earned a sterling reputation within the industry,” said Alice Valder Curran, Head of Hogan Lovells’ Government Regulatory Practice Group. “His first-hand knowledge of both organizations, coupled with his in-depth knowledge of the law, will provide invaluable insight to our clients.”

In a release, the firm said:

As Deputy General Counsel at HHS over the past seven years, Horowitz oversaw and coordinated legal services in support of FDA, the Centers for Disease Control and Prevention (CDC), and the National Institutes of Health (NIH), as well as for international and emergency preparedness programs. He oversaw more than 200 lawyers in the Office of General Counsel (OGC), and provided counsel to the HHS Secretary, as well as senior HHS, FDA, and White House officials. His primary focus as Deputy General Counsel was on FDA regulatory policy and litigation. He worked daily with the FDA Chief Counsel, participating directly in drafting regulations and guidance documents, and contributing to numerous appellate and Supreme Court briefs.

“Our strategic objectives include enhancing our policy advocacy capabilities and continuing to expand our compliance and enforcement practice,” said Philip Katz, chair of the firm’s Pharmaceuticals and Biotechnology Practice. “David is a key addition in that regard. Over the course of his long and distinguished career, David has developed not only substantial expertise in FDA law and policy, but also a deep understanding of the institutions, processes and cultures that influence how regulatory policy and compliance decisions are developed and implemented across all levels of government. We’re thrilled to have him join the team.”

Horowitz’s service at FDA began in the Office of Chief Counsel (OCC), where he first litigated a variety of pharmaceutical regulatory matters, and then counseled officials in the Center for Drug Evaluation and Research (CDER). Horowitz moved from OCC to serve in several senior executive policy roles at FDA, including Assistant Commissioner for Policy, Assistant Commissioner for Compliance Policy, and Director of the CDER Office of Compliance. As head of drug compliance, he played a significant leadership role in major initiatives, including the modernization of the FDA’s approach to pharmaceutical manufacturing quality, and the agency’s efforts to develop and implement a more scientific, risk-based approach to inspection and enforcement.

“Resource constraints, a leaner government and increased deregulatory pressures will bring many changes to the FDA over the next several years,” added David Fox, a leader of the firm’s Global Life Sciences Industry Sector Team. “David will be instrumental in helping our clients anticipate and navigate these changes, and participate in the policy-making process.”
“The world-class regulatory practice at Hogan Lovells is an ideal platform from which to make the most of my decades of legal and policy experience at HHS and FDA,” said Horowitz. “I’m excited to join an extraordinarily talented and collegial group of lawyers, including many former colleagues from HHS and FDA,” Horowitz added.

Horowitz earned his J.D. from the University of Virginia School of Law, and A.B. magna cum laude from Brown University.

Join Our LinkedIn Group

Buchalter announced that Abbie Shindler has become a member of the firm’s Corporate and Tax & Estate Planning Practices in Arizona.

Shindler focuses her practice on estate planning, probate, trusts, corporations and business organizations, and business law. Her experience includes the preparation of estate plans, administration of trusts/estates, obtaining appointments of guardians/conservators for adults and minors, formation of corporate entities, assisting with corporate transactions, and the preparation of pre-nuptial and post-nuptial agreements.

“Abbie is a welcome and strong addition to our growing Scottsdale office,” said Adam Bass, President and Chief Executive Officer of Buchalter. “As a well-known and experienced tax and estate attorney, her practice is an excellent fit for us.”

Outside of her practice, Shindler is a member of the Society of Financial Service Professionals, serves on the Professional Advisory Board of Arizona Community Foundation, and is a committee member of the Phoenix Children’s Hospital.

“I have known many of the Buchalter attorneys in Scottsdale for years,” said Shindler. “I am eager to continue representing my clients at Buchalter, and offer them the full-service business solutions the firm is known for providing.”

Join Our LinkedIn Group

Michael Best announced it has added Bethany C. McCurdy to its Milwaukee office as senior counsel in the firm’s Labor & Employment Practice Group. McCurdy will concentrate her practice on management side employment law.

“As an experienced employment counselor and litigator, Bethany will be a powerful addition to our team,” said Amy Schmidt Jones, Chair of Michael Best’s Labor & Employment Relations Practice Group. “I’m confident that her aptitude for advising clients through various aspects of the employment relationship will continue to accelerate our presence here in the Midwest.”

Prior to joining Michael Best, McCurdy was a member of Petrie + Pettit where she defended employers through a wide breadth of employment related disputes and litigation matters including disability, family and medical leave, wage and hour, discrimination and workplace harassment.

“We’re thrilled that Bethany will be joining us here in Milwaukee,” said Danielle Bergner, Michael Best’s Managing Partner of the Milwaukee office. “Her dedication and determination to resolve client matters, particularly so in the manufacturing sector, will be a huge advantage to those she represents.”

“The decision to join Michael Best presents a wonderful opportunity for me,” said McCurdy. “The firm continues to expand and find new and interesting ways to better advise their clients and I’m certain that my colleagues and I will continue to enrich the L&E group.”

McCurdy received her J.D. from Marquette University Law School and her Bachelor’s Degree in Journalism and Sociology from the University of Wisconsin-Madison.

Join Our LinkedIn Group

There are specific actions an organization can take to ensure it has the leadership it needs in case of a crisis, as well as for their future sustainability, according to TrainHR.

The company will present a webinar on the topic on Thursday, Sept. 7, 2017, at 1 p.m. EDT.

“Best-practice organizations use succession planning to not only prepare for potential leadership challenges but they also rely on such plans to develop and maintain the strong leadership that’s required to grow and keep pace with changes in their business, industry, and overall marketplace,” TrainHR says on its website.

Read more about the webinar.

Jeffrey L. Papa, former chief of staff and chief legal counsel for the Indiana Senate, has rejoined Barnes & Thornburg LLP as a partner in the firm’s Labor & Employment Law Department.

Papa, who was an attorney at the firm from 2001 to 2007, will focus his practice on immigration matters.

“We are excited to welcome back Jeff to the firm to assist our business clients with their immigration issues,” said Brian L. Burdick, managing partner of Barnes & Thornburg’s Indianapolis office. “Jeff’s experience and understanding of immigration laws will greatly benefit businesses that continue to deal with the changing immigration environment as they seek to attract and retain talent to meet their objectives.”

During his previous stint at Barnes & Thornburg, Papa counseled clients on a number of issues, including nonimmigrant status and visa issues, as well as permanent residency matters. His work also included government relations.

In addition to his work in the Indiana Senate, Papa previously served as mayor of the Town of Zionsville and as Zionsville Town Council President.

Papa is active in several different initiatives, including co-founder and strategic advisor of Zionsville’s co-working space, zWorks. Additionally, he serves on the U. S. Global Leadership Coalition Indiana Advisory Committee.

He also is deeply involved in the community. He founded the Youth Enhancement and Training Initiative (YETI), a local nonprofit organization that raises operating funds for a Nepali orphanage.

Papa earned his J.D. and a master’s degree from the Indiana University Robert H. McKinney School of Law. He earned a doctorate in education administration and leadership from Indiana State University and a graduate certificate in higher education and student affairs from Indiana University. He also holds a master’s degree in business economics from Ball State University and a bachelor’s degree in economics from Rose-Hulman Institute of Technology.

Join Our LinkedIn Group