Keller and Heckman will produce a new seminar, “The Connected Product Intensive: A Framework for Regulatory Compliance and Risk Management,” May 2-3, 2017 in San Francisco, CA.

Keller and Heckman’s Connected Products Team will focus on the regulatory and litigation risks affecting connected products, and offer practical tips on compliance, risk avoidance, and risk management. Learn how to keep your customers safe and secure and to protect your company’s reputation and investments.

Highlights from the agenda include:

• Guidance on developing compliance frameworks
• Drafting privacy policies
• Responding to a security breach and best practices for encryption
• Environmental considerations including California’s Proposition 65 and state green chemistry laws
• FCC issues from equipment certifications through spectrum availability
• Handling product recalls, crisis management, and product liability litigation
• Energy efficiency considerations
• Advertising and marketing emphasizing claims, price, safety, and social media
• Rules surrounding In-app purchases
• End-User License Agreements

Register for the seminar.

Dallas-based litigation boutique Bailey Brauer PLLC has been recognized by BTI Consulting Group as one of the law firms with the “best brand standing” in the country, based on a survey of corporate counsel and executives at the world’s largest organizations.

In a news release, the firm said Bailey Brauer is among the smallest and youngest firms to earn this prestigious recognition, which is an indicator of how likely it is a firm will be considered for new work. The three-lawyer firm has enjoyed noteworthy successes in complex commercial litigation and appellate matters since its opening in 2013.

Selection to the BTI Brand Elite 2017 list is based on in-depth interviews with more than 600 corporate counsel and executives at the world’s largest and most influential companies. Respondents are asked about the law firms they hire and why. Final selection is based on intangibles that differentiate the law firms.

Read the release.

The invisible hand of the free market hasn’t been able to exert much control over law firm billing rates, U.S. District Judge Jed S. Rakoff said at a Cardozo School of Law panel discussion about the high cost of the legal system, reports Bloomberg Law.

Rakoff cited a 2016 report that showed average hourly rates for partners rose from $122 in 1985 to $532 in 2012, as average associates rates grew from $79 to $370.

Reporter Rebecca Beyer quotes Rakoff as asking: “Why isn’t the free market operating?” The  answer, he said, lies in the fact that the legal profession operates much like a guild, with “substantial barriers to entry,” not least of which is the cost of a legal education.

Read the Bloomberg article.

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Atlanta police say Trinh Huynh, an attorney with UPS, was singled out and targeted before she was shot and killed on her way to work, according to a report in The Atlanta Journal-Constitution.

A suspect has been arrested in connection with the murder of Huynh, who escaped from Vietnam as a child with her family. She was a graduate of Princeton University and Emory University School of Law. Besides working for UPS, she provided pro bono legal services to immigrants, a local television station reported.

A police spokesman said surveillance footage shows the suspect, Raylon Browning, calmly approaching Huynh before the shooting and then briefly running afterward, before slowing down and walking away.

Read the AJC article.

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Legal departments aren’t just asking their outside law firms to field diverse groups of attorneys — they’re asking those firms to put attorneys in leadership positions, and they’re asking for data to back it up, reports Bloomberg Law.

Facebook bow requires outside counsel working on its projects to have at least 33 percent women and ethnic minorities. In addition, the firms must show they are actively creating “clear and measurable leadership opportunities for women and minorities” in the company’s legal matters, The New York Times reported.

“Facebook’s new policy comes on the heels of HP’s announcement in February that it would start withholding fees from law firms that don’t meet diversity requirements,” writes Stephanie Russell-Kraft.

Read the Bloomberg article.

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An East Texas jury has awarded Whirlpool Corp. $7.6 million, finding that a California company willfully infringed the patent protecting Whirlpool’s replacement water filters for refrigerators.

The jury delivered the verdict against TST Water, LLC, on March 10 in the U.S. District Court for the Eastern District of Texas in Marshall. The finding that the patent infringement was “willful” means the award total could be tripled, a decision to be made by Judge Rodney Gilstrap, according to a release from the firm.

Longview, Texas-based Ward, Smith & Hill founder Johnny Ward represented Whirlpool as lead counsel alongside attorneys from the San Francisco office of Morrison & Foerster LLP.

“The evidence clearly showed that TST Water willfully infringed Whirlpool’s patent,” said Ward. “The jury rightfully discounted TST’s claims that the patent was invalid. The amount the jury awarded demonstrates that.”

The lawsuit involved Whirlpool “Filter 3” refrigerator filters, which carry  U.S. Patent No. 7,000,894. The company claimed TST Water intentionally copied the Filter 3 design in the development of its WSW-5 and HDX FMW-5 refrigerator filters, which were sold under the brand name WaterSentinel and the label “HDX.” TST Water promoted the installation and use of the filters as an alternative to the Filter 3 in Whirlpool refrigerators.

The case is Whirlpool Corporation v. TST Water, LLC, case 2:15-cv-01528-JRG in the U.S. District Court for the Eastern District of Texas.

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Akerman LLP has added a team of real estate, land use and zoning partners headed by veteran lawyer John “Jack” George in the firm’s Chicago office, according to a release.

A former assistant attorney general and assistant corporation counsel for the City of Chicago, Jack George joins from Schuyler, Roche & Crisham P.C., where he served as president and a member of its board of directors. Akerman also added Kathleen “Kate” Duncan and Chris Leach from Schuyler and Meg George from Neal & Leroy LLC.

In the release, the firm said:

The distinguished team has handled some of the largest and most complex zoning projects in the Chicagoland area, including the redevelopment of the landmark Old Chicago Post Office and the premier Rehabilitation Institute of Chicago, as well as the development of the $1 billion Wolf Point project along the Chicago River. Together, the four partners bolster Akerman’s core strength in the commercial real estate sector and they arrive at a time when the firm plans to more than double the size of its office in the region. Since its 2014 opening in Chicago, the office has grown nearly seven-times larger to more than 50 lawyers.

“Jack has been instrumental in shaping the Chicago skyline and he is one of the most highly respected land use and zoning lawyers in the market,” said Richard Bezold, chair of Akerman’s Real Estate Practice Group, which is ranked sixth by Law360 among the largest teams of real estate lawyers in the United States. “Jack, Kate, Chris and Meg are skilled at cutting through the regulatory thicket of land development and their ability to secure vital property deals for U.S. and multinational clients is unparalleled. They will be a tremendous resource for our clients in what continues to be a dynamic commercial real estate market.”

Jack George
Jack George brings more than 40 years of experience to his real estate, land use and zoning practice. He is a valued leader among his peers and clients because he develops relationships built on trust and a deep knowledge of real estate law. He has been instrumental in shaping the Chicago skyline, and has worked on notable development projects that have included complex elements such as zoning map amendments, planned development applications and condemnation matters. Jack George is a former assistant attorney general and assistant corporation counsel for the City of Chicago. He knows how to navigate clients through city and state laws, and has handled a broad range of litigation in state and federal courts, as well as proceedings before administrative tribunals and arbitrations.

Jack George has received high rankings by prominent legal guides for his unmatched knowledge of land use and zoning laws, and he is a leader across professional and community organizations, including his role as board member and general counsel of Little City Foundation; past president of the Celtic Lawyers Association; and advisory board member of Xavier University.

Meg George
Meg George has experience with real estate and municipal law matters including the acquisition, sale and development of real estate, land use and zoning, licensing, permitting, subdivision and other real estate matters. She has long represented the interest of numerous owners of shopping centers, convenience stores, hospitals, hotels, residential, commercial and mixed use buildings, office complexes, open space/conservation areas, schools, and libraries in the City of Chicago and suburban villages. Active in the community, George is a LEED accredited professional, whose dedication to building green communities led her to assist in drafting Chicago’s sustainability matrix for the city’s Sustainability Task Force.

Kate Duncan
For more than a decade, Kate Duncan has concentrated her practice in zoning, land use and real estate law on behalf of developers, institutions and homeowners. She brings to her clients the added benefit of close and trusted working relationships with city officials and staff, as well as an in-depth understanding of how the city interprets land use and zoning codes. Duncan has successfully represented clients obtaining planned developments, zoning amendments, special uses, variations, subdivisions, vacations, dedications and various municipal licenses.

In addition to private practice, Duncan is the former chair of the Illinois State Bar Association’s Alternative Dispute Resolution Section Council and serves as commissioner of the zoning board of Appeals for the Village of Barrington, Ill.

Chris Leach
Chris Leach has more than 20 years of experience representing property owners, developers, and business owners in zoning and land use matters, as well as real estate, liquor and business licensing. He has represented clients before municipal plan commissions, planning departments, zoning board of appeals, zoning committees, and community groups and organizations. He also has successfully represented clients in obtaining approvals of planned developments, zoning changes, special uses, variations, subdivisions, vacations and dedications.

Wallace Global Fund wasn’t Morgan Lewis & Brockius’ biggest client, but it still made a big splash when it fired the BigLaw firm because it is “enabling” President Trump to use his new office for his own personal gain.

Bloomberg Law reports that that H. Scott Wallace, co-chair of the Wallace Global Fund, fired the firm in a letter to chair Jami McKeon.

“The letter points the finger at Morgan Lewis partner Sherri Dillon, who appeared next to the president in a Jan. 11 press conference, where she announced she had devised a plan so that the public could rest easy that Trump’s sprawling real estate, hotel and other business interests would not create any conflicts with his elected role,” writes Gabe Friedman.

The letter cites Trump’s business meetings at his Florida resort, Trump’s criticism of Nordstrom’s for dropping his daughter’s clothing line, and other reasons.

Read the Bloomberg article.

A provision of the “energy independence” executive order signed by President Trump is so broad in scope that legal experts say it could affect numerous government responsibilities far beyond those that deal directly with energy and climate change, according to a post by Climate Central.

Under the order, federal agencies must review all of their actions that have the potential to “burden” both the development and use of domestic fossil fuels and nuclear energy in the U.S., writes Bobby Magill.

“For example, it could affect the speed with which the government permits oil and gas drilling, how much information about energy development the government provides to the public, and other decisions federal employees make on a daily basis,” Magill explains. “It may also affect the willingness of the government to allow wind and solar development to go forward because more use of renewable energy could lead to less use of fossil fuels.”

Read the article.

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Former Trump University students who claimed a share of the $25 million settlement that Donald Trump agreed to shortly after he was elected president will recover 80 percent of the money they spent on the real-estate seminars, according to a Bloomberg Law article.

Plaintiffs claimed the university made false promises of riches and instant success. Trump fought the allegations for years but finally agreed to the deal.

“A total of 2,471 claims seeking $21.3 million in refunds had already been verified, according to the filing. With hundreds of claims still being reviewed, the lawyers expect that refund requests will rise to $25 million,” writes Bloomberg’s Edvard Pettersson.

Read the Bloomberg article.

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Bloomberg Businessweek is reporting that a legal feud between pistol tycoon Gaston Glock and his ex-wife, Helga, has ended with a resounding victory for the legendary gunmaker.

Helga Glock had filed a racketeering lawsuit accusing her former husband of siphoning off millions of dollars from the family firearm empire.

The Austrian company Glock GmbH, through its U.S. subsidiary, supplies most American law enforcement agencies with durable, large-capacity semiautomatic pistols, according to reporter Paul Barrett.

Helga Glock sought $500 million as her share in the company for helping start the company on its profitable trajectory in the 1980s. She charged that her ex-husband used illegal methods to take money fom the international corporation.

The federal judge hearing the case said the suit was unsubstantiated and called the complaint a “shotgun pleading.”

Read the Bloomberg article.

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Senate Democratic opposition to Donald Trump’s Supreme Court nominee swelled Friday as Democrats neared the numbers needed to block Judge Neil Gorsuch with a filibuster, reports the Associated Press.

“Senate Minority Leader Chuck Schumer of New York warned Republicans against changing Senate rules to confirm Gorsuch anyway — a rules change that could prove momentous for the Senate and would allow all future Supreme Court nominees to get on the court regardless of opposition from the minority party,” write Mary Clare Jalonick and Erica Werner.

Democrats worry that Senate Majority Leader Mitch McConnell could respond to a Democratic filibuster by changing Senate rules to allow  a simple majority to determine the nomination, rather than requiring a minimum of 60 votes.

Read the AP article.

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A recent ruling in a New Jersey federal count stated that a contractual term, like an arbitration clause, is binding only when the terms are reasonably conspicuous, rather than in a manner that de-emphasizes its provisions.

Writing in Carlton Fields’ Reinsurance Focus, shareholder Jeanne Kohler described the case involving a Samsung smart watch. The suit accused the company of deceptive marketing and pricing. Samsung moved to compel arbitration, based on an arbitration provision on page 97 of a 143-page “Health and Safety and Warranty Guide” in the watch box.

The appellate court wrote that the clause “did not appear to be a bilateral contract, and the terms were buried in a manner that gave no hint to a consumer that an arbitration provision was within.”

Read the article.

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Pat Collins of Norris McLaughlin & Marcus discusses a recent decision by a New Jersey appellate court that highlights the well-established legal maxim that “when a party enters into a signed, written contract, that party is presumed to understand and assent to its terms.”

Writing in the firm’s employment law blog, Collins covers the case of ADP v. Lynch and Halpin. ADP sued two former employees who had resigned and went to work for one of ADP’s competitors.

ADP claimed they had violated terms of an agreement on a web page outlining incentive stock awards in exchange for the non-compete. Defendants argued that the clause covering the non-compete was merely an online check box that signified that they had read the agreement. It did not say they agreed to the terms, they argued.

The trial court and appeals court found otherwise.

Read the article.

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Trying a high-profile case under the media spotlight is rare for most lawyers, but it is becoming more and more common given the number of new media outlets and the growing public appetite for legal news and information, writes Bruce Vincent of Muse Communications.

“The delicate balancing act of effectively handling a client’s case while also protecting their public reputation is far from easy, but it can be done if you recognize the potential pitfalls and what to expect from reporters,” he explains in the Muse blog.

In his post, Vincent goes through the steps — starting with determining whether media truly are interested in the case, choosing who will communicate with reporters, being aware of which media outlets and individuals reporters are interested, and the challenges of answering questions from reporters while trying to stay focused on the trial.

Read the article.

When a contractor on a project files a bankruptcy case, the property owner and subcontractors have some serious decisions to make, writes   Tracy Green in the California Construction Law Blog.

The blog is a publication of Wendel Rosen Black & Dean LLP.

When a party to a contract files bankruptcy, the other party’s actions are constrained by the bankruptcy code, Green explains.

The article covers the types of bankruptcies involved, benefits of bankruptcy for the debtor, benefits of bankruptcy for the creditor, executory contracts, liens and bonds, getting the work done, preferences, and doing business with a distressed contractor.

Read the article.

Former Texas Supreme Court justice Deborah Hankinson will be honored March 30 with the Distinguished Alumni Award during the University of Texas Dallas Awards Gala.

The UT Dallas Distinguished Alumni Award is the highest honor the school can bestow on its alumni and is presented to individuals who are outstanding in their chosen profession or life’s work.

She earned a master’s degree in special education in 1977 from UT Dallas. With that degree, she became the lead teacher of a groundbreaking Plano ISD program for elementary students with developmental disabilities.

“I have been blessed with a very fulfilling legal career, but my work as a teacher was rewarding in a way that is difficult to express, and it was made possible by the education I received at UT Dallas. Not only did my education help make me a better teacher, it helped lay the foundation for my decision to attend law school,” said Hankinson.

Following her tenure on Texas’ highest court, Hankinson returned to private practice, founding the Dallas-based appellate law firm Hankinson LLP and becoming one of the most widely respected arbitrators, mediators and appellate lawyers and strategists in the state, her firm said in a news release.

Her professional honors include a Lifetime Achievement Award from Texas Lawyer and recognition as a Local Litigation Star from Benchmark Litigation. She has been selected five times among the Top 10 attorneys in the state by Texas Super Lawyers. In 2016 she was selected to The National Law Journal’s inaugural ADR Champions listing, recognizing alternative dispute resolution trailblazers from across the nation.

Hankinson is one of four UT Dallas graduates to be honored as Distinguished Alumni during the 15th annual Awards Gala. For more information, visit www.utdallas.edu/gala.

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Dallas-based litigation boutique Bailey Brauer PLLC has been recognized by BTI Consulting Group as one of the law firms with the “best brand standing” in the country, based on a survey of corporate counsel and executives at the world’s largest organizations.

Bailey Brauer is among the smallest and youngest firms to earn this prestigious recognition, which is an indicator of how likely it is a firm will be considered for new work, according to a news release from the firm. The three-lawyer firm has scored successes in complex commercial litigation and appellate matters since its opening in 2013.

“We started our careers at big firms. So when we launched Bailey Brauer, we maintained that same sophisticated, aggressive form of client representation you expect from a large firm. But as a small firm, we have the added benefit of being able to provide much more individualized service,” said firm co-founder Clayton Bailey.

Selection to the BTI Brand Elite 2017 list is based on in-depth interviews with more than 600 corporate counsel and executives at the world’s largest and most influential companies. Respondents are asked about the law firms they hire and why. Final selection is based on intangibles that differentiate the law firms.

“In the BTI interviews, the GCs are not asked directly about any firm and instead are encouraged to talk about who they turn to for legal help,” said co-founder Alex Brauer. “We built this firm on relationships, and this recognition demonstrates that we have the trust of our clients.”

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President Trump has named Makan Delrahim, a former government antitrust enforcer and corporate lobbyist, to lead the Justice Department’s review of mergers and acquisitions, The New York Times reports.

Companies are hoping that the new Republican administration will be more permissive with mergers than the Obama administration was, writes Cecilia Kang. Trump’s predecessor blocked dozens of blockbuster deals over the past eight years, including AT&T’s bid for T-Mobile in 2011 and Comcast’s merger with Time Warner Cable in 2015.

“Mr. Delrahim, who serves as legal counsel to the president, will be quickly tested in his new position by AT&T’s $85 billion bid for Time Warner, which is set to be reviewed this year. Other mergers under review include Dow Chemical’s bid for Dupont and Bayer’s acquisition of Monsanto,” Kang writes.

Read the NYT article.