Lawyer Who Founded ‘Copyright Trolling’ Prenda Law Is Disbarred

John Steele, one of the masterminds behind the Prenda Law “copyright trolling” scheme, has been disbarred, reports Ars Technica.

Steele agreed to the disbarment two months after pleading guilty to federal fraud and money laundering charges.

Reporter  writes that Steele said he and a co-defendant, Paul Hansmeier, made more than $6 million over a two-year period with “sham entities” that threatened Internet users with copyright lawsuits.

Steele “conspired to extort settlement funds from thousands of Internet users in a multi-jurisdictional copyright litigation scheme,” Illinois attorney regulators said in a statement of charges. “Specifically, they attempted to exact settlements from users who allegedly infringed on the copyrights of certain pornographic movies, including movies that Mr. Steele himself produced and distributed.”

Read the Ars Technica article.

 

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June 28 Event: Experts Explore Ways to Control Litigation Costs

Bloomberg BNABig Law Business and Catalyst will present a complimentary event in San Francisco, Successful Legal Department Management: Innovation to Control Litigation Costs and Ensure Compliance to discover how today’s top law firms are pairing innovation with technology to move litigation control in-house and on-budget.

The event will be Wednesday, June 28, 2017, 3:30-5:30 p.m. at the Bloomberg LP office at 3 Pier #101 in San Francisco 94111.

Leading in-house and outside counsel will discuss where they believe legal departments face the most pressure and how to successfully transform the management of litigation.

In addition, this event will explore:

  • The necessity of developing new and innovative approaches for managing departments to keep litigation costs low
  • How to prepare teams, departments and businesses to identify the benefits of technology
  • How to effectively prepare for litigation, from initial investigations to trial

Register for the event.

 

 




Forum: Examine the Risks and Rewards for Cross-Border Deals

International businessBloomberg BNA and World Services Group are partnering to deliver business intelligence, drawn from market-leading news and data analysis, tailored for the advisers of international business.

The forum will be at Bloomberg LP’s office at 120 Park Ave., New York 10017, on Tuesday, June 20, 2017. A pre-forum briefing will be 1-3 p.m., and the forum will be 3-5 p.m.

The Cross-Border Deals Forum will explore strategies for handling business and regulatory challenges impacting the industry, including:

• Tax reform, trade agreements, and policy shifts;

• Cross-border risk assessment;

• Expanding privacy and data security requirements; and

• Market and industry opportunities to watch.

Connecting deal-makers with a global group of peers and actionable insights, the Cross-Border Deals Forum covers the market shifts, opportunities and long-term trends executives are watching, and the political and regulatory changes affecting cross-border success.

Request an invitation.

 

 




Dubious Corporate Practices Get a Rubber Stamp From Big Investors

board of directors - conference tableInstitutional asset managers carry enormous clout across corporate America. So it’s unfortunate that so many of these managers choose to support the status quo for boards, even when investors are ill served, points out The New York Times.

As an example, writer Gretchen Morgenson, discusses the case of Arconic, the industrial metals company that spun off Alcoa in November. Some of its directors are facing a proxy challenge to be decided at the company’s next annual meeting.

Giant hedge fund Elliott Management is behind the challenge, following years of declining sales, rising losses and a subpar stock performance at Alcoa.

As Morgenson explains, “The structure of Arconic’s board — and Alcoa’s before it — is investor-unfriendly. It is what’s known as a classified board, in which directors’ terms are staggered, protecting them from being voted out en masse.”

Read the NYT article.

 

 




‘We Have a Deal’ Email From Lawyer Creates a Binding Settlement

EmailA U.S. magistrate judge in the Southern District of New York has ruled that the terms of a settlement negotiated via email can be enforced as a binding contract.

In a post on Steptoe & Johnson’s SDNY Blog

Dykstra’s lawyer had written “we have a deal” in an email chain with settlement terms but later argued that the terms also needed to include a “standard” mutual release, writes Michael.

Read the article.

 

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Suit for Bad Frac Job Requires a Certificate of Merit

Gray Reed & McGraw’s Energy & the Law Blog discusses Perdenal Energy LLC v. Bruington Engineering, Ltd., which asked whether a court must dismiss an engineering defect lawsuit filed without a certificate of merit with prejudice or may dismiss without prejudice.

“Texas law requires a plaintiff to file a ‘certificate of merit’ with its original petition for claims arising out of work by licensed or registered engineers,” explain authors Charles Sartain and Chance Decker. “The certificate must be from a qualified engineer and must detail the manner in which the professional services were faulty.”

They outline approaches for handling this situation, both from the standpoint of the defendant and the plaintiff.

Read the article.

 

 




11th Circuit: ‘Completed Work’ Exclusion Does Not Bar Claims for Work Under Maintenance Contract

The 11th Circuit ruled in Liberty Surplus Ins. Corp. v. Norfolk Southern Railway Co. that the unambiguous language of Liberty’s “Completed Work” exclusion did not bar coverage for injuries sustained by a motorist injured at a railroad crossing who later sued Norfolk Southern, reports Hunton Williams.

“Before the Court is, once again, the classic case of the insurer requesting relief from the consequences of the inartfully drafted, yet plain, terms of its insurance policy,” the opinion reads.

First, courts continue to construe exclusionary provisions narrowly and against the insurer, even where the provision utilizes plain and unambiguous wording.  Second, in the context of contracts and agreements to supply services, work or operations over time, exclusions designed to bar coverage for completed work or operations must be explicit as to when the services, work or operations are deemed to be “complete.”

Read the article.

 

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Invitation: Summer Legal Conference, Berlin

BerlinKnowledge Nomads’ Summer Legal Conference in Berlin July 23-29, 2017, will feature sessions on law in the age of hyperconnectivity, legal issues in the sharing economy, and the legal fallout from Volkswagen’s emissions scandal.

The event will be at Berlin’s Radisson Blu Hotel.

The CLE-qualified sessions will feature a diverse group of speakers, including a broad range of nationalities, backgrounds and ages.

Interspersed with the the presentations will be an arts and culture day with a choice of seven tailor-made tours, a trip to the home of Volkswagen, and a closing dinner on top of the German Federal Parliament Bundestag building.

Other side events will include guided tours, dinners, receptions, concerts, a gallery tour and more.

Register or get more information.

 

 




The World’s Best-Selling Drug Just Lost a Key Patent Battle

Fortune is reporting that AbbVie’s Humira, the best-selling drug on the planet with a staggering $14 billion in 2016 sales, has lost a key patent battle with a prospective rival product by the small biotech Coherus Biosciences.

Reporter Sy Mukherjee explains that “The rheumatoid arthritis and psoriasis medicine has recently been a target of biopharma companies that are trying to make generic Humira copycats called ‘biosimilars.’ That’s not surprising given both Humira’s market reach and the steep price of the brand name medication — which has a list price of about $4,500 for a set of two syringes before discounts and rebates, making it a prime target for cheaper alternatives.”

Humira sales make up more than 60 percent of AbbVie’s revenues.

Read the Fortune article.

 

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Bookkeeper Embezzled More Than $850,000 From Law Firm, Suit Alleges

The family of the late Daniel Lilley, Maine’s highest-profile lawyer, is accusing a former bookkeeper of embezzling more than $850,000 from his law firm over a little more than four years, reports the Portland Press Herald.

Plaintiffs allege that Jaime Butler, the bookkeeper for Lilley’s Portland law firm, repeatedly wrote checks to herself totaling $844,000 and also improperly diverted $12,000 in cash.

The family’s lawyer said  that “Butler issued herself ‘dozens of checks’ in some months and that the alleged embezzlement began almost immediately after she was hired as the law firm’s bookkeeper in early 2013,” writes .

Read the Press Herald article.

 

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DOJ Threatens Immigration Rights Lawyers, Demands They Drop Their Clients

Passports - immigrationA federal judge in Seattle has temporarily blocked a Justice Department order that called on a local immigrant-rights organization to stop some of its legal work. His ruling also applies to similar groups around the country. according to The Seattle Times.

The nonprofit Northwest Immigrant Rights Project brought the lawsuit that resulted in the ruling by U.S. District Judge Richard Jones.

“In a letter last month, the Justice Department told the group it must ‘cease and desist’ providing certain legal assistance to immigrants unless it undertakes full representation of them in court,” writes reporter .

The ruling also barred the Justice Department from sending similar orders to any other organizations around the nation.

Read the Seattle Times article.

 

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Insight on Waiving Contractual Right to Arbitration

Bass, Berry & Sims attorney Chris Lazarini provided insight on factors a court should consider when determining whether a party has waived a contractual right to arbitration, the firm reports on its website.

“The factors, which are tied to potential prejudice to the non-moving party, include: (1) the time elapsed between commencement of litigation and the request for arbitration, and (2) the extent to which the moving party has participated in the litigation process,” according to Lazarini’s article.

His article examines the issue as presented in the case Chehebar vs. Oak Financial Group, Inc., No. 14-2982 (E.D. N.Y., 3/7/17)

Read the article.

 

 




AIA Releases 2017 Construction and Design Agreements

ConstructionThe American Institute of Architects has released several revised documents including the primary agreements between the owner and contractor and the owner and architect, reports Dickinson Wright PLLC.

The article on the firm’s website explains that any of the revisions are attempts to clarify existing provisions. A number of changes, however, are more significant.

The update covers general conditions of the contract for construction, such as building information modeling and digital data, evidence of owners’ financial arrangements and minor changes in the work.

It also discusses agreements between the owner and the contract, including assumptions, contractor progress payments and owner termination.

Topics also include the agreement between the owner and arthitect.

Read the article.

 

 

 

 




Houston Attorney Mark Lanier Inducted into Trial Lawyer Hall of Fame

Trial attorney Mark Lanier, founder of The Lanier Law Firm, has been selected to the National Trial Lawyers Association’s Trial Lawyer Hall of Fame, which recognizes exceptional litigators.

In a news release, the organization honors outstanding attorneys who leave an indelible mark on the American legal tradition through a lifetime of service to the public, the Constitution, and the trial bar. Although attorneys previously had to be 60 or older, that requirement was waived for the 56-year-old Lanier.

The release continues:

Lanier was one of five lawyers recognized during the April 27 Hall of Fame induction ceremony at the 17th annual Mass Torts Made Perfect conference in Las Vegas. Also inducted into the class of 2017 were U.S. District Judge David Herndon of Illinois, American Association for Justice President Linda Lipsen, and trial lawyers Peter Perlman of Kentucky and Harvey Weitz of New York. The Trial Lawyer Hall of Fame is located at the Beasley School of Law at Temple University in Philadelphia.

Lanier’s selection was lauded on social media by his colleagues, whose comments included: “Mark Lanier is not only an exceptional trial lawyer, but also a superb, kind and good person;” “Overdue. The man is truly a legend;” and, “Truly one of the finest trial lawyers in America.”

As an advocate for those who suffer life-altering injuries from dangerous consumer products or catastrophic transportation and worksite injuries, Lanier has secured more than $12 billion for clients throughout his storied career. The Lanier Law Firm recorded two high-profile verdicts in medical device litigation in 2016, with awards totaling more than $1.5 billion. The Lanier Law Firm was named one of the nation’s 25 Most Influential Law Firms for 2017 by the National Trial Lawyers Association.

Recognized as one of the Most Influential Attorneys of the Decade by the National Law Journal and as one of the 25 Greatest Lawyers of the Past Quarter Century by Texas Lawyer, Mr. Lanier was named the 2016 Trial Lawyer of the Year by The National Trial Lawyers. In 2015, he received the American Association of Justice’s Lifetime Achievement Award. He is the founder of the Christian Trial Lawyers Association and the Lanier Theological Library.

 

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Freeborn & Peters Opens Tampa Office

Freeborn & Peters LLP has opened its first office in Florida, located in the Tampa City Center.

The firm’s Tampa office will be led by two veteran attorneys, Lawrence “Larry” P. Ingram and Jessica Kirkwood Alley. The pair have experience in client advocacy, litigation, particularly in professional liability, third-party insurance coverage, qui tam, healthcare fraud and restrictive covenant disputes.

In a release, the firm said Freeborn’s new location also helps to address increased demand for the firm’s services in the Southeastern region of the United States, where Freeborn has existing clients. The firm also will seek to expand by assisting new clients, particularly in litigation, real estate and corporate transactions.

The release continues:

Larry Ingram joins Freeborn from Phelps Dunbar LLP where, as founder of that firm’s Tampa office, he served as both Office Managing Partner and Regional Practice Coordinator. He concentrates his trial and counseling practice in professional liability, third-party insurance coverage, qui tam, healthcare fraud and restrictive covenant disputes. Mr. Ingram joins Freeborn as a Partner of the firm and as the Tampa’s office’s Managing Partner.

“Freeborn and Peters has a superlative reputation across many areas of complex litigation. Jessica and I are glad to be joining such a strong team. We know, too, that we will be bringing our own unique strengths and experience to bear as part of the Freeborn network,” Ingram said.

The other attorney joining the firm as a Partner is Jessica Kirkwood Alley, also formerly of Phelps Dunbar LLP. Ms. Alley concentrates her practice on complex commercial litigation and focuses in the areas of professional liability, qui tam defense and third-party insurance coverage litigation. Freeborn’s dedication to putting clients first and its emphasis on living up to its core values attracted Alley to the firm.

“I am proud to be a founding partner of Freeborn’s Tampa office, and I look forward to telling the story of the firm’s success to clients in Tampa, across Florida and indeed the Southeast region of the U.S.,” Alley said. “Freeborn has so much to offer, even beyond litigation. It has extensive experience in real estate development and investment, which is well-suited to Florida. Freeborn also has repeatedly demonstrated its capacity to support midsized corporations, particularly in M&A transactions, which is of increasing importance in a growing economy.”

In addition to Ingram and Alley, Freeborn’s Tampa office includes two associate attorneys, Jason P. Stearns and Robert A. Stines, as well as several professional staff members.

Freeborn’s decision to grow its presence in the Southeast is part of a considered strategy of expansion, based on three factors: client demand, expanded capabilities and cultural fit. “Our clients are asking us to serve them in other parts of the country, and the addition of an office in Florida will dramatically increase our capabilities in the Southeast,” said Michael J. Kelly, Freeborn’s Co-Managing Partner.

“We also are adding new leaders to our litigation practice who will further grow our capabilities in areas where clients are increasingly seeking our support. We know, too, that Larry, Jessica, and the other attorneys and staff who are joining us are committed to the core values of integrity, commitment, effectiveness, teamwork and caring that are so central to our culture. We expect great things to be made possible for our clients as a result,” Kelly said.

Freeborn now has offices in Chicago, Ill.; New York, NY; Richmond, Va.; Tampa, Fla.; and Springfield, Ill.

 

 

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Hogan Lovells Extends Commitment to LGBT Community with Global Pride+ Launch

Hogan Lovells has launched a new global LGBT and allies network, Pride+, aimed at enhancing support for and commitment to LGBT+ individuals. The launch also marks support of the International Day Against Homophobia, Bi-phobia and Transphobia.

In a release, the firm said Pride+ will expand upon a number of existing internal LGBT networks across the firm aimed at promoting LGBT inclusion, including in the UK, U.S., Continental Europe, Hong Kong, and Shanghai. Pride+ will further promote equality across all 23 countries in which Hogan Lovells operates, promoting a culture of acceptance and understanding at work, regardless of barriers outside the workplace.

The release continues:

Through Pride+ the firm aims to:

• Show global support for the LGBT+ community and to create an inclusive working culture
• Provide a safe environment for LGBT+ individuals to come out (should they wish to) and to speak openly
• Raise awareness of issues facing LGBT+ communities and people in different countries
• Effectively challenge preconceived notions and stereotypes and inappropriate behavior or language.

A key part of Pride+ is encouraging support from LGBT+ allies. Hogan Lovells recognizes the importance of allies to advancing LGBT+ equality and the Pride+ network will provide allies with the means to show their support through events, education, and by advertising their membership of the network internally.

The senior sponsor of the global Pride+ network is David Hudd, Hogan Lovells Deputy Chief Executive Officer. He is supported by fellow partners Mark W. Brennan (Washington D.C.), Sian Owles (London), and Allan Wardrop (Hong Kong), and Head of Legal Project Management, Continental Europe, Christine Siler (Paris).

Speaking on the launch of Pride+, David Hudd commented:

“I am proud that we have chosen today to launch our global LGBT and allies network, Pride+. For Hogan Lovells to thrive professionally, it’s essential to create a safe, inclusive, and supportive environment where our people can bring all of who they are to work. In this diverse world, we all need advocates and allies. This initiative will create a visible network of support for our LGBT+ people – no matter where they are.”

Hogan Lovells has long been one of the most progressive legal firms with regards to tackling LGBT+ matters and creating an inclusive working environment. The firm has achieved regular recognition for its work in LGBT+ advancement, including pro bono work.

Earlier this year, the firm was included in the Top 20 of the Stonewall Workplace Equality Index for the first time, having ranked consistently in the top 50 for several years. This followed being recognised for the eighth time by the Human Rights Campaign with a 100% Corporate Equality Index rating and named a best place to work for LGBT equality in December 2016 in the U.S.

 

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Texas Bankruptcy Law Firm Forshey Prostok Beefs Up Attorney Ranks

The complex bankruptcy and restructuring law firm Forshey Prostok announces the promotion of three attorneys and the addition of two lawyers to its Dallas/Fort Worth offices.

“This is an important milestone for the firm, and great news for the companies we represent on the bankruptcy and workout side,” said Jeff Prostok, a founding partner at Forshey Prostok. “These dedicated lawyers represent the best in the business, and we’re glad to have their level of expertise on our team.”

Suzanne K. “Suki” Rosen has been promoted to partner. She has extensive experience litigating complex commercial disputes, including avoidance actions and other business bankruptcy matters. Throughout her 20-year career, Ms. Rosen has helped clients substantially reduce outstanding bankruptcy claims, smoothing the reorganization process and providing higher recovery to creditors.

Matthew G. Maben also has been promoted to partner. His practice includes bankruptcy, business reorganizations and creditor’s rights. He also counsels debtors, creditors and trustees in restructuring and liquidation matters. He has been recognized three times among the “Leaders in their Field” in the prestigious Chambers USA legal guide.

Lynda L. Lankford, with more than 25 years’ experience in bankruptcy litigation, business reorganizations and creditor rights, has been promoted to of counsel. A former auditor who is Board Certified in Business Bankruptcy Law by the Texas Board of Legal Specialization, she is uniquely positioned to provide key financial insights to the firm’s clients.

Matthias Kleinsasser joins Forshey & Prostok as a partner from Kelly Hart. He has extensive experience in bankruptcy litigation, as well as general business litigation in federal and state court. He began his legal career with a bankruptcy court clerkship, after which he practiced in the bankruptcy section of Weil, Gotshal & Manges.

Laurie Dahl Rea joins as of counsel. Her career includes two federal judicial clerkships, as well as extensive experience representing debtors and creditors in large reorganizations and liquidations. Immediately prior to joining Forshey Prostok, Ms. Rea served as the career law clerk to the Honorable Russell F. Nelms.

Forshey Prostok provides extensive experience in all areas of bankruptcy law. The firm’s scope of representation includes handling complex business reorganizations, enforcing of creditor’s rights, leading commercial and bankruptcy-related litigation, overseeing creditors’ committees, directing workouts, and closing bankruptcy acquisitions. Forshey Prostok is ranked by the Chambers USA legal guide and is home to lawyers who are AV-rated by Martindale-Hubbell.




Success Factors for Compliance During Office 356 Migration

Computer with binary zeroes and onesZapproved has published a solution brief about how to keep legal preservation during Microsoft Office 365 migration. The free brief can be downloaded from Zapproved’s website.

The duty to preserve does not cease when an organization migrates data systems, Zapproved says on its website. In fact, not only does the duty persist, but it becomes more complex.

Corporate legal teams must collaborate with IT to define a migration plan with processes that defensibly preserve data despite the complexity of a hybrid data world with half in the cloud and half on premise. Since data is not in one place, dual processes are required to ensure compliance is maintained throughout migration.

“In-House Elevated: Close the Gap on Office 365 E-Discovery Success,” by Zapproved Senior Product Manager Sarah Thompson addresses what legal and IT teams will need to consider to safely protect discovery data and manage preservation during and after migrating to Office 365.

Download the publication.

 

 




Benchmarking Your Policy & Procedure Management Program in 2017

NAVEX Global will present a complimentary webinar announcing the recent results from its new Ethics and Compliance Policy & Procedure Management Benchmark Report on May 25, 10 AM PT / 1 PM ET.

The report presents some interesting findings around legal actions related to policies – including the pivotal role policies play in the resolution of regulatory actions. In fact, while the average cost per legal action was $53,522, nearly half of survey respondents avoided and/or reduced this cost due to an effective policy management program, NAVEX reports on its website.

This webinar will cover:

  • Essential elements for an effective policy management program
  • If your current practices are protecting your organization or putting it at risk
  • How to reduce cost by using policy & procedure management software

Register and receive a free copy of the report following the webinar.

 

 




Biglaw Firm Lays Off Associates, Staff and Partners

Layoff - dismissal - firedLabor and employment law firm Seyfarth Shaw has conducted a round of layoffs that affect both attorneys and staff, according to reports from Above the Law and Bloomberg Law.

“One source who was briefed on the layoffs said the downsizing affects 40 lawyers, including associates and counsel, as well as 27 staff members,” reports Bloomberg’s . “The cuts at least affect the firm’s New York City and Washington, D.C. office, according to the source.”

A Bloomberg source attributed the downsizing to a slow real estate practice, and said layoffs were mainly for “low billable associates,” but noted that some counsel and senior counsel were laid off in the firm’s employee benefits department.

Read the Above the Law article.

Read the Bloomberg article.