DLA Piper announced that Raphael Larson has joined the firm’s litigation practice group as a partner in Washington, DC.

Larson most recently served as associate director in the Division of Enforcement and Investigations with the Public Company Accounting Oversight Board (PCAOB), a not-for-profit corporation chartered by the US Congress as part of the Sarbanes-Oxley Act of 2002 to oversee auditors of US public companies. While at the PCAOB, Larson led numerous enforcement investigations and litigations involving domestic and international accounting firms. He also regularly coordinated enforcement matters with the US Securities and Exchange Commission and other foreign and domestic regulatory bodies, the firm said in a release.

“Raphael will be a strong asset in Washington as we look to expand the firm’s growing accountant liability practice,” said Jeff Lehrer, managing partner of DLA Piper’s Washington, DC, office. “With his accounting knowledge and unparalleled experience over the past 12 years at the PCAOB, Raphael is well positioned to advise audit firms and auditors before regulatory bodies and in litigation matters.”

“Amid the shifting landscape in Washington, we believe the PCAOB is poised to remain active and likely will continue to pursue new matters aggressively,” said Jim Brogan, US co-chair of DLA Piper’s Litigation practice. “Raphael will be an important addition to our already talented team as we continue to provide important counsel to clients in the global accounting arena.”

Larson joins the firm’s litigation practice in Washington, DC, which recently added Matthew Graves, and Louis Ramos. The practice has also made a number of additions elsewhere in the country, including Eric Christofferson (Boston), George Karavetsos (Miami), David Sager (Short Hills, New Jersey), and Thiru Vignarajah (Baltimore).

Larson received his J.D. from Georgetown University Law Center, and a B.S. with honors in accounting from Portland State University.

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Linda Hoseman has joined Chicago-based Neal Gerber Eisenberg as a partner in the firm’sEmployee Benefits & Executive Compensation practice group.

Hoseman works with employee benefit matters, including designing and administering qualified retirement benefit plans and welfare benefit plans, the firm said in a release. She works with compliance issues and manages ERISA aspects and reviews of corporate, private equity, and other transactions.

“The addition of Linda to our practice group is great news for our firm and for our clients,” said Patricia S. Cain, chair of the firm’s Employee Benefits & Executive Compensation group. “I’m very confident that our clients will come to rely on Linda’s breadth of experience handling the complex employee benefit issues that arise in designing and administering retirement plans and health and welfare plans.”

“Linda is a wonderful addition and evidence of our commitment to adding depth with exceptional talent seeking an inclusive, collaborative and industrious culture,” Managing Partner Scott J. Fisher noted. “Her ability to design client-centered solutions while always keeping the client’s business imperatives foremost makes her a terrific asset.”

After graduating from Tulane University School of Law in 1989, Hoseman obtained an LLM in Taxation from NYU School of Law in 1994. She has also worked as an adjunct faculty instructor at John Marshall Law School. Most recently, she was a partner with Thompson Coburn LLP.

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Holland & Hart announces the expansion of its litigation and trial services with the addition of Philip Hymanson, who will be based in the firm’s Las Vegas office. Hymanson joins Holland & Hart’s Commercial Litigation team of more than 110 litigators and trial lawyers, the firm said in a release.

“Las Vegas and the Nevada market are key components of our strategic plan, and Phil’s addition is a terrific opportunity. We are known in Nevada and nationally for having excellent commercial litigators, and Phil enhances our capabilities and underscores that reputation,” said Liz Sharrer, Chair of Holland & Hart.

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Black Duck Software has posted a complimentary on-demand webinar discussing ways organizations can outsource to meet their development needs and also address open source security and management risks before giving contractors access to their valuable technologies.

“Today’s rapidly changing technologies, including the proliferation of open source and the accelerating shift to the cloud, are increasing the use of outside experts for both application development and IT solutions,” the company says on its website. “At the same time, IP security is top of mind worldwide.”

The presenter is Jim Markwith, co-founder and managing partner of Symons Markwith LLP’s Seattle and Washington, DC area offices.

He is an experienced technology and corporate transactions attorney with over 20 years of experience. His clients range from start-ups to fortune 50 technology leaders, including computer software, on-line retail, and Healthcare IT product and service developers.

Prior to private practice, Markwith held executive and senior in-house legal positions with Microsoft, Adobe Systems, and Allscripts Healthcare. He received his J.D. degree from Santa Clara University School of Law, and is a member of the California, Washington, DC, and Washington State Bar Associations.

Watch the on-demand webinar.

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The third-generation leader of South Korea’s top conglomerate was mostly silent at his first court appearance in what has been called the “trial of the century,” as his lawyers labored to portray him as an innocent bystander in a graft scandal, reports Reuters.

Jay Y. Lee, the 48-year-old de facto leader of Samsung Group, could face a prison sentence of up to 20 years on charges including bribery and embezzlement in a scandal that led to the ouster of President Park Geun-hye, writes Joyce Lee.

“The leader of the smartphones-to-biopharmaceuticals business empire is the only founding family member among the country’s most powerful conglomerates, called chaebol, to be indicted in a graft scandal that led to Park becoming South Korea’s first democratically elected leader to be removed from office,” according to the report.

Read the Reuters article.

Charles Sartain of Gray Reed & McGraw asks the question: Should the sufficiency of reworking operations under the cessation-of-production clause of an oil and gas lease be limited to the producing well?

In his post in the firm’s Energy & the Law blog, Sartain discusses Crystal River Oil and Gas, LLC et al v. Patton, a suit to terminate an oil and gas lease due to cessation of production.

In the case, a saltwater disposal well servicing a producing became inoperable for a a period in 2011. The appellate court found that the trial court’s prohibition from considering operations on the salt water disposal well was reversible error.

Read the article.

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A blog posting by Sheppard, Mullin, Richter & Hampton discusses the varying state laws regarding sufficient consideration for non-compete agreements signed at both the outset and during employment as well as other recent attacks on non-competes and restrictive covenants generally.

“Like other contracts, non-compete and restrictive covenant agreements must be supported by adequate and sufficient consideration at the time of execution. However, what constitutes adequate consideration for a restrictive covenant, especially a non-compete provision, varies from state to state,” write Mikela Sutrina and Kevin Cloutier.

Although some states will consider continued employment at the outset of the employment relationship sufficient consideration for an at-will non-compete, some states — for example, North Carolina, Montana, South Carolina, Oregon, Texas, Washington, and Wyoming — have expressly held that continued employment is insufficient consideration to support a non-compete entered into midstream of employment, the authors explain.

Read the article.

Stephen Ravenscroft and Sarah Taylor of White & Case cite recent case law  to discuss the importance of using clear wording when drawing up a settlement agreement.

“Settlement agreements are a very useful tool for an employer,” they explain. “They normally draw a line under the employment relationship and provide certainty that an employee will not bring any employment- related claims. Such an agreement is often used to reach a full and final settlement of any claims which the employee has or may have arising out of the employment and its termination, subject to certain exceptions such as claims for personal injury or accrued pension rights.”

They warn, however, that employers must be aware that there is no “standard” settlement agreement.

Read the article.

Smart contracts are digitally signed promises, which are executed automatically by software code built on blockchain technology. But what are the features of smart contracts that make them more suitable to some sectors than others?

In an article written by David E. Brennan, Jocelyn S. Paulley and Penny Ann Sanders, the English firm of Gowling WLG offers some some points to keep in mind when answering that question.

The authors write that it seems that contracts based on words cannot be totally dislodged and replaced by software code. “However, it is still important to understand blockchain technology, how smart contracts can take advantage of that technology and who can verify that the terms translated into software are the same as those written in roman characters.”

They cover the subject with headings such as smart opportunities, financial services, digital content, supply chain and trade finance, provenance, land transactions, government, machine-to-machine transactions, and challenges to going smart.

Read the article.

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Because there are often multiple causes of delays and a variety of types of delay damages on construction projects, it is critical that the parties consider and properly allocate the risk of such delays and the potential resulting costs in the contract documents, advises Robinson+Cole.

Elizabeth Wright explains that the Massachusetts case of Cumberland Farms, Inc. v. Tenacity Constr., Inc. offers insight into the importance of the contract in allocating the risk of delay damages.

“In this case, the court noted that the contract not only provided that the contractor is only entitled to an extension of time for delay damages but it also expressly provided that the contractor would only be entitled to time and material costs for Winter condition work,” she writes.

Read the article.

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Gardere Wynne Sewell LLP, an AmLaw 200 firm, announces the launch of Gardere Catalyst, a legal incubator initiative that provides early-stage, high-growth potential startups with strategic guidance and legal counsel.

The program includes participation from lawyers across multiple specialty areas, including intellectual property, labor and employment, tax and corporate, and provides startups access to seasoned legal counsel at a price that is scaled based on growth, the firm said in a news release.

The release continues:

“We believe that offering qualified emerging companies an opportunity to hire a premier, full-service law firm with experienced counsel is critical to help entrepreneurs attract the right investors, strategic partners and employees,” said Holland N. O’Neil, chair of the board of directors at Gardere. “We have purposefully tied our success to our clients’ success. We see ourselves as an extension of the client’s team, and we want everyone to be focused on the same goal. Having a program specifically built for emerging businesses was a strategic decision for the firm to grow trusted partnerships that drive innovation.”

Gardere Catalyst’s legal services include:
Formation of the company – serves as the foundation to raise capital, protect IP, build a staff and employ innovative long-term equity incentive programs
IP – filing trademarks/provisional patents and drafting licensing agreements, privacy policies and terms of use
Employment / Executive Compensation – such as offer letters, non-competition agreements and confidentiality protections, proprietary information and invention assignment agreement (PIIA) and equity plans
Tax – tax guidance
Financing – convertible notes, simple agreements for equity (SAFEs), and other seed-stage investments

The program was founded by the co-chairs of the venture capital (VC) and emerging business practice group, Adam Hull, Rick Jordan, Glenn Singleton, as well as Majorie Winters.

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A Dallas County jury found there was clear and convincing evidence that Bell Helicopter Textron Inc., Dickson’s employer for 38 years, was “grossly negligent” in exposing the longtime mechanical engineer to asbestos, according to a post on the website of Androvett Legal Media and Marketing.

Dickson, a resident of Hurst, Texas, died at the age of 74 on Dec. 13, 2013.

The jury awarded Dickson’s survivors $8.8 million, according to the website of his law firm, Simon Greenstone Panatier Bartlett.

“There was not a company-based respiratory protection policy in place during the time of Billy’s exposure,” said the plaintiffs’ attorney Darren McDowell of Dallas-based Simon Greenstone.

Read the article.

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Twitter, Yelp, Instagram, Foursquare and a few other apps are agreeing to a $5.3 million settlement to an invasion-of-privacy class action in which the companies’ apps were accused of accessing the address books of iOS users without their knowledge or consent, reports Arstechnica.com.

Fees for the lawyers who brought the suit on behalf of an estimated 7 million members of the class will be about $1.59 million. Individual class members are in for a payday of about 53 cents each.

Class members in a suit against Dunkin’ Donuts won’t even get money. They’re in for a payoff of free buttered treats, according to the Associated Press. Their lawyers, however, will collect $90,000 in fees in the settlement.

Thomas Shapiro, the lead attorney for the plaintiffs, said it wasn’t a profitable case for his firm.

Read the stories in Arstechnica and the AP.

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In an interview with The New York Times, Preet Bharara, the former U.S. attorney in Manhattan, remains mystified by the circumstances of his firing by the Trump administration, saying he had never been told why President Trump changed his mind about wanting him to stay on.

He characterized his ouster as an example of the chaos that has defined some of the administration’s decisions: “a direct example of the kind of uncertain helter-skelter incompetence, when it comes to personnel decisions and executive actions, that was in people’s minds when this out-of-the-blue call for everyone’s resignation letter came.”

Bharara also disclosed that Trump, after having asked him to remain in his post, telephoned him three times, raising concern that such calls could run afoul of strict Justice Department protocols, write Benjamin Weiser and William K. Rashbaum.

Read the NYT article.

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A disbarred Connecticut lawyer who owes more than $600,000 for stealing money from a client was given a dressing down by a frustrated Stamford judge who was angered that the man had paid less than $400 in restitution in five years, reports the Stamford Advocate.

Benson Snaider pleaded guilty to felony charge of first-degree larceny in 2012 for misappropriating an $800,000 check written by the city in 2005 for what turned out to be the partial payment for property to make way for the Stamford Urban Transitway, John Nickerson writes. Snaider received a five-year probated sentence and was ordered to pay $680,000 in restitution.

A court earlier found him to be in violation of his probation because he had maid only $180,000 in restitution payments.

Read the Stamford Advocate article.

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Practical Law and Norton Rose will present a webinar titled “Liability of Compliance Officers at Financial Institutions” on Wednesday, May 3, 2017, beginning at 1 p.m. EDT.

CLE credit is available in multiple states.

In recent years, U.S. securities regulators have increasingly focused on the regulated entities’ compliance personnel, holding many individually liable for the deficiencies in their firm’s handling of its compliance obligations, the company says on its website. The regulators deem compliance officers the gate keepers whose efforts should detect and prevent securities laws violations at the firm.

The free 75-minute webinar that will discuss recent trends and issues in this field. The webinar presenters will discuss several topics, including:

• Different approaches US securities regulators use in assessing individual liability of compliance personnel.
• Recent cases against individual compliance officers by various regulators.
• Best practices for minimizing the risk of a regulatory action or sanctions against compliance professionals at a broker-dealer or investment advisor.

A short Q&A session will follow.

Presenters:

Kevin James Harnisch, Partner, Norton Rose Fulbright US LLP

Ilana Beth Sinkin, Associate, Norton Rose Fulbright US LLP

Vlad Pavlovic, Senior Legal Editor, Practical Law Litigation (Moderator)

Register for the webinar.

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After announcing the opening of a new office in February, Buchalter announces it has added four additional lawyers to its growing Sacramento office from LeClair Ryan. Robert McWhorter joins as a shareholder, Kevin Collins joins as of counsel, and Jacqueline Vu and Jarrett Osborne both join as associates. All join as members of the litigation practice group.

“Robert and his team are welcome additions to our new Sacramento office and I am confident they will make strong contributions to both the local office culture and the firm,” said Adam J. Bass, President and Chief Executive Officer of Buchalter. “As we continue to expand, I’m looking forward to further deepening our footprint in the Sacramento region and all of our office locations in the months to come.”

In a release, the firm said that McWhorter handles commercial, business and bankruptcy litigation matters on behalf of his financial institution clients, including those involving lender liability, insolvency, restructuring, receivership, and real estate. He has expertise handling Article 9 issues under the Uniform Commercial Code and Chapter 7, 9 and 11 bankruptcy proceedings, including California’s AB 506. His clients span a range of industries including real estate, manufacturing, healthcare, automotive, and more. He earned his M.B.A. from the University of Michigan, his J.D. from Wayne State University School of Law, and his B.A. from the University of Chicago.

“The opportunity to join the newly established office of a firm like Buchalter is a unique opportunity that we could not pass up,” said McWhorter. “I’m thrilled at the opportunity to join during such an exciting time and bring along a great team as we continue to represent all types of clients – trustees, secured creditors, acquirers, and more – in their litigation matters.”

In his commercial litigation practice, Collins represents insurers, public agencies, financial companies, and automotive manufacturers in a variety of matters, including class actions, multi-district litigation, products liability cases and antitrust litigation. He formerly served as general counsel for one of the largest public entities in Sacramento County and has approximately 20 years of experience representing cities, counties, and special districts. He received his J.D., with high honors, from the University of the Pacific McGeorge School of Law and his B.A., cum laude, from the University of Redlands.

Vu has a two-pronged practice. She represents banks in a variety of matters, including loan work-outs, debt restructurings, lender liability, and foreclosures of residential and commercial real estate, while simultaneously representing employers in all aspects of labor and employment law. This includes discrimination and harassment, whistleblowing, wage and hour, family and medical leave, disability accommodation matters, and more. She received her J.D. from the University of the Pacific and her B.A. from the University of California Santa Barbara.

Osborne focuses his practice on bankruptcy, construction, and labor and employment matters on behalf of public and private institutions. He received his J.D. from the Santa Clara University School of Law and his M.B.A. and B.A., magna cum laude, from Monmouth University.

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Seth J. Pritikin has joined Neal Gerber Eisenberg in its Corporate & Securities practice group as a firm partner.

Pritikin experience includes mergers and acquisitions, divestitures, equity carve-out transactions, leveraged buyouts, joint ventures, growth capital investments, corporate restructurings and representations of large and middle market private equity funds, the firm said in a release.

“The addition of Seth to our team expands our ability to meet the needs of our corporate and private equity clients,” said David S. Stone, chair of NGE’s Corporate & Securities practice. “His wealth of experience with complex domestic and cross-border transactions adds value not only to our group but also to the services we offer to our clients.”

“Our strategic focus remains to be a destination for exceptional talent seeking an inclusive, collaborative and industrious culture; Seth clearly fits that bill. We are elated to have Seth join us and further enhance our ability to provide our clients with first-rate counsel,” commented NGE Managing Partner Scott J. Fisher.”

Pritikin graduated cum laude from Harvard Law School in 2007 and earned his A.B., magna cum laude, from Harvard University in 2003. Prior to beginning his legal career, Pritikin was a strategy consulting analyst with Dean & Company. Most recently, Pritikin was a partner at Kirkland & Ellis LLP.

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Hogan Lovells announced it will add high-profile M&A partners Richard Climan, Keith Flaum and Jane Ross, and IP and technology transactions partner John Brockland to its global corporate team. Climan and Flaum will join the global leadership teams within Hogan Lovells’ corporate practice.

Climan, Flaum, Ross and Brockland have worked together for nearly 20 years, the firm said in a news release. They have worked in the technology and life sciences sectors with companies such as Adobe, Ant Financial, Applied Materials, eBay, Facebook, Gilead Sciences, Intel, Jazz Pharmaceuticals, Oracle, Qorvo and Synopsys.

The team advises major technology, life sciences and other companies on complex and significant transactions, including advising on multi-billion dollar acquisitions of publicly traded companies on a regular basis. While Climan, Flaum, and Ross lead the team’s M&A work, Brockland focuses on the development, transfer, and licensing of technology and intellectual property assets.

The release continues:

Recent work carried out by the team includes Facebook’s acquisition of WhatsApp for US$16bn; the successful defense of Illumina against Roche’s US$6.2bn hostile takeover attempt; more than 25 acquisitions for Adobe, eBay, Intel, Oracle, and Synopsys; and the US$2bn sale of the Los Angeles Dodgers to a buyout group led by Guggenheim Partners.

“We have a strategic focus on advising clients on transactions with a regulatory or industry specific component,” said Hogan Lovells CEO Steve Immelt. “We are excited to have this team of lawyers join us in Northern California, as they have represented market leading technology and life sciences companies on many of their most significant transactions. Their well-earned reputation, relationships, and market profile will expand our presence in one of the most active markets for corporate transactions and illustrates a focus on strengthening our M&A capabilities in key markets in the U.S. and globally.”

Climan, Flaum, Ross, and Brockland will join Hogan Lovells from Weil, Gotshal & Manges and will be based in the firm’s Menlo Park and San Francisco offices.

“This team’s reputation is world class, and with Hogan Lovells, they will join a strong global M&A team with a track record of success, as part of a sustained drive to enhance our corporate M&A capabilities in key markets throughout the world,” said David Gibbons, Global Head of the firm’s Corporate Practice Group. “As more and more companies across a wide range of market sectors put disruptive technology at the heart of their business strategy and operations, this group’s deep understanding of M&A and the technology and life sciences sectors will prove invaluable.”

In addition to the team’s client work, which ranks them among the premier M&A/Corporate practices in California, the group has a long history of involvement in the local legal community. Their M&A forums in Silicon Valley are well known, as are their presentations, lectures, and trainings at top law schools around the country.

About the lawyers:

Richard Climan: One of the most well-known M&A lawyers in the country, Climan has extensive experience advising on mergers, divestitures, leveraged buy-outs, and cross-border transactions, in addition to corporate governance and general corporate matters. He was listed as one of the 100 most influential lawyers in America by The National Law Journal, was named one of the 10 most highly regarded Corporate Governance lawyers worldwide and one of the seven most highly regarded M&A lawyers in North America in 2016 by Who’s Who Legal, and is ranked in Band 1 for Northern California Corporate/M&A in Chambers USA. Climan earned his A.B. from Harvard College and his J.D. from Harvard Law School.

Keith Flaum: In addition to Flaum’s work representing public and private companies on wide range of transactional matters, including acquisitions of publicly traded companies and cross-border acquisition transactions and joint ventures, he also advises boards and special committees on fiduciary duties in the M&A context. In 2016, he was recognized as a “Trailblazer” in M&A by The National Law Journal and a “Life Science Star” by the LMG Life Sciences Guide. He is ranked Band 1 for Northern California Corporate/M&A in Chambers USA. Flaum earned his B.A. from UCLA and his J.D. from UC Davis School of Law.

Jane Ross: Ross represents buyers and sellers of public and private companies, particularly in the information technology and life sciences sectors. She has extensive experience handling cross-border transactions and complex cross-border joint ventures. In 2015, Ross was named “Best in M&A” by Euromoney’s Women in Business Law Awards. Ross is ranked Band 3 for California Corporate/M&A in Chambers USA. From McGill University, she earned her B. Com, an LL.B., and a B.C.L.

John Brockland: Brockland focuses on strategic and commercial transactions involving the development, transfer, and licensing of technology and intellectual property assets. He has represented companies in a variety of industries, such as software, semiconductor, internet, renewable energy, and healthcare. Brockland has been ranked as a leading lawyer for IT & Outsourcing by Chambers USA and Chambers Global. He is ranked Band 1 in California — IT & Outsourcing: Transactions. He earned his B.A. from Trinity University and his J.D. from the University of Chicago Law School.

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DLA Piper announced that Carey Gunn Venditti has joined the firm’s real estate practice as a partner in the Austin office.

Venditti advises investors, developers and owners of commercial, mixed-use, multifamily, office, retail, planned-community and condominium projects. She focuses her practice on the acquisition, disposition, financing and development of land and the purchase, sale, financing, leasing, operation and administration of income-producing properties, and has been involved in major projects representing both regional and national clients.

“Carey has an impressive real estate background and is well respected throughout the industry, particularly regarding mixed-use urban development and public-private partnerships,” said John Sullivan, chair of DLA Piper’s US Real Estate practice. “Texas continues to be an active market for our clients, and Carey will be a great addition to our Texas practice and our national and international real estate platform.”

“The Urban Land Institute recently named Austin as the top real estate market to watch, and Carey’s arrival reflects our commitment to this growing area and its diverse economy,” said John Gilluly, regional managing partner of DLA Piper’s Texas offices. “Adding a lawyer like Carey, who combines a strong drive and dedication with years of experience, will improve our ability to serve clients in Austin and throughout Texas.”

Venditti was recently selected to serve as the chair of the Austin District for the Urban Land Institute, an organization dedicated to providing leadership in the responsible use of land and in creating and sustaining thriving communities worldwide.

Venditti is the latest addition to DLA Piper’s Austin office, following Caryn Smith, who joined the firm’s Tax practice earlier this month. Venditti joins the firm from Greenberg Traurig where she was a shareholder. She received her J.D. from The Catholic University of America, Columbus School of Law and her B.A. from The University of Texas at Austin.

 
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