John C. Stellakis Joins Farrell Fritz as a Land Use & Municipal Associate

John C. Stellakis of Long Beach, NY will join Farrell Fritz in its Hauppauge office as a land use & municipal associate. He is experienced in commercial and residential real estate transactions and land use and zoning.

Prior to joining Farrell Fritz, Stellakis was an associate at Salamon, Gruber, Blaymore & Strenger, P.C. in Roslyn Heights. He handled litigation, real estate, corporate, and estate planning, probate & administration matters. Prior to that, he was an associate at Murphy, Bartol & O’Brien, LLP in Mineola.

He is certified on the New York State Part 36 list to serve as Guardian Ad Litem (GAL), court evaluator and article 81 guardian.

He is a member of the Nassau County Bar Association and the Federal Bar Association. He is actively involved in the Volunteer Lawyers Project; Woodland Middle School Mentoring Program; and Villanova Law Alumni Association.

Stellakis earned his Juris Doctor degree from Villanova University School of Law and his B.A., cum laude, from Villanova University College of Liberal Arts and Sciences. He is admitted to practice in New York and New Jersey, the United States District Court for the Eastern District of New York and the United States District Court for the District of New Jersey.

 

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Thiru Vignarajah Joins DLA Piper’s Litigation Practice in Baltimore

Thiru Vignarajah will join DLA Piper as partner with the firm’s litigation practice in the Baltimore office. Vignarajah most recently served as deputy attorney general for the state of Maryland.

Vignarajah’s tenure as a prosecutor began in 2009 as assistant US attorney in the District of Maryland. Beginning in 2011, he served as division chief of the Major Investigations Unit of the Baltimore City State’s Attorney’s Office. In 2015, Maryland Attorney General Brian Frosh named Vignarajah deputy attorney general; in that office, he played a leading role in significant criminal, civil rights and juvenile justice matters.

“Given his high-profile litigation and trial experience, which includes appellate and US Supreme Court work, Thiru will be a strong addition to our firm, particularly with his knowledge of white-collar, privacy and environmental matters,” said James Brogan, co-chair of DLA Piper’s US Litigation group. “He has a strong work ethic and impressive legal credentials, which will make him an asset to our global client base.”

In his government service, Vignarajah served as first chair in a number of successful high-profile prosecutions. As deputy attorney general, Vignarajah also led or supervised counsel on several notable Supreme Court, federal and state matters, including Ross v. Blake and Exxon v. Maura Healey.

“Thiru is well-known and respected in the regional legal community and beyond, and his reputation will enhance the profile and capabilities of our Baltimore office,” said Brett Ingerman, DLA Piper’s office managing partner in Baltimore. “He’s a top-notch first-chair trial lawyer with a remarkable set of legal credentials.”

Vignarajah received his J.D., magna cum laude, from Harvard Law School, his M.A. in Medical Law and Ethics from King’s College London, and his B.A. from Yale University. He was president of the Harvard Law Review and served as law clerk to Judge Guido Calabresi and Supreme Court Justice Stephen Breyer.

 

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Former CBS General Tax Counsel Alvan L. Bobrow Joins Akerman in New York

Former CBS Inc. vice president and general tax counsel Alvan L. Bobrow has joined Akerman LLP in the firm’s Tax Practice Group with. He joins Akerman’s New York office as a partner from Mayer Brown LLP, where he served as the leader of the national state and local tax group.

“Alvan’s experience with complex tax structures and strategies adds important depth to our transactional team,” said Peter Larsen, chair of Akerman’s Tax Practice Group. “His work across numerous jurisdictions will be valuable to our clients as they confront a multitude of corporate tax issues and deal-making decisions throughout the United States and internationally.”

“Akerman boasts one of the leading state and local tax practices in the country, known for structuring deals that are both creative and tax efficient,” said Bobrow. “I was drawn to Akerman for its track record and for its collaborative approach to meeting the needs of clients.”

In a news release, the firm said:

Bobrow provides counsel on state and local, federal and international taxation to clients in the financial services, real estate, manufacturing, e-commerce, entertainment and media sectors. He has extensive experience in New York State and New York City, multistate, civil and criminal tax matters. He assists international companies locating operations in the United States and advises international and U.S.-based businesses on treaty permanent establishment and constitutional nexus issues. His criminal defense practice focuses on the investigations of both individuals and businesses in matters relating to tax fraud, unreported income and tax shelter abuses.

Advising clients on business and legal issues in rapidly evolving sectors, Bobrow served as vice president and general tax counsel for CBS, where he is credited as the principal drafter behind the national multistate income apportionment rules for broadcasters. He has substantial experience working with senior government officials and legislative committees across the country to develop statutory provisions, regulations and administrative solutions to complex business challenges. Bobrow has served on the New York State and New York City Tax Commissioners’ Advisory Committees; the New York State Tax Department Financial Services Modernization Task Force; and the New York State Tax Department Telecommunications/E‐Commerce Advisory Panel.

Bobrow joins one of the premier tax teams in the United States, which earned distinction in 2016 as the “Tax Practice Group of the Year” by Law360. The Akerman team was recognized for achieving some of the greatest client successes in the industry and for creating a technology-driven innovation called the Akerman TaxAbility Matrix. The web-based product enables clients to quickly and cost-effectively understand vast and complex tax laws and regulations that impact their business.

Bobrow follows a wave of lateral partners joining Akerman’s New York office. Lateral Link revealed Akerman attracted the third most laterals in the market over the last year, expanding the New York team to more than 100 lawyers and business professionals. Recent additions include tax Partners Paul Collins from Schiff Hardin LLP, Sanford Davis from Withers Bergman LLP and Ira Stechel from Wormser, Kiely, Galef & Jacobs LLP; bankruptcy and reorganization Partner John Campo from Troutman Sanders LLP; real estate transactional Partner Thomas Diorio from Nixon Peabody LLP; and healthcare transactional Partners Martin Monaco and William Weiner from Duane Morris LLP, among others.

 

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2016 HIPAA Year in Review: Audits, Fines, and Enforcement Trends

HIPAACompliancy Group will present a complimentary webinar examining the major breaches and fines that made 2016 the most expensive year on record for HIPAA fines and enforcement.

The event will be Wednesday, Jan. 25, at 2 p.m. Eastern time.

HIPAA experts at Compliancy Group will analyze the causes of these breaches, the reasons for these substantial fines (almost $24 million in total), trends in compliance, and what to expect from OCR investigations in 2017.

Register for the webinar.

 

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Holland & Hart Launches Alaska Office

Holland & Hart announced the addition of Kyle W. Parker and John C. Martin as partners, along with the opening of an office in Anchorage, Alaska. Three additional lawyers will join the firm, in addition to a policy expert.

In a news release, the 500-lawyer law firm said it has the largest environmental law practice in the country, as reported by Law360, and the addition of the Anchorage office will augment those strengths and create natural synergies with the firm’s offerings to clients in a myriad of industries.

“The practice alignment with Kyle and John and their team is very strong, as is the personal fit,” said Liz Sharrer, chair of Holland & Hart. “Kyle’s pioneering spirit as an Energy and Environment Trailblazer has been recognized by the National Law Journal. John was recently recognized by BTI Consulting as a Client Service All-Star. In addition, the team serves clients in burgeoning Alaska industries (and elsewhere) that align with our firm’s strengths. We have the utmost respect for the firm where Kyle and John and their team have previously served. Crowell & Moring is a world-class firm which has done an excellent job of combining service to the growing Alaska market with a Washington, D.C. connection.”

“John, Kyle, and the Anchorage team are highly regarded professionals in the environmental and energy fields,” said Angela B. Styles, chair of Crowell & Moring. “They remain friends of the firm, and we wish them the very best as they align their Alaska practice with the strengths of Holland & Hart.”

Joining the firm, effective January 17, are:

Kyle Parker (Anchorage, AK) has spent his entire legal career in Alaska counseling clients in the energy and natural resource industries with regard to securing approval for and the implementation of major resource development and energy projects at the state and federal level, from project permitting to negotiating complex agreements. Kyle also defends clients in environmental litigation, from response and cleanup actions, to civil and criminal enforcement actions.

John Martin (Washington, D.C.) is a Wyoming native who has practiced and worked in federal government agencies in Washington, D.C. John’s natural resources and environmental litigation practice focuses on complex, cutting edge Clean Water Act, wildlife, offshore oil and gas, and public lands issues on behalf of clients in extractive industries. John represents clients in administrative proceedings before the Interior Board of Land Appeals and the Environmental Protection Agency, and at all levels of court, including several U.S. Courts of Appeals.

Tali Birch Kindred (Anchorage, AK) focuses on environmental and natural resource permitting and litigation, natural resource project development, state and federal rulemakings, environmental compliance, and commercial litigation. Tali brings extensive industry and government experience having served as an Assistant District Attorney for the State of Alaska and in-house counsel at Shell Exploration & Production, Inc.

Jon Katchen (Anchorage, AK) focuses on natural resources project development, defense of governmental and citizen enforcement actions, financing associated with Alaska’s oil and gas production tax credits, and complex commercial litigation. Jon also counsels investors and resource development companies regarding economic development opportunities in Alaska.

Sarah Bordelon (Washington, D.C.) focuses on environmental permits for major resource and development projects. Sarah also litigates environmental and natural resource matters, participates in proposed state and federal rulemakings, advises clients on environmental compliance and enforcement matters, and conducts environmental due diligence on conventional and renewable energy projects.

Drue Pearce (Anchorage, AK and Washington, D.C.) joins the firm as a senior policy advisor. She provides strategic legislative and regulatory advice to a wide variety of natural resources, manufacturing, and energy clients as they navigate government relations, as well as legal and regulatory issues at the various state and federal agencies with jurisdiction over resource development projects. Drue brings a wealth of experience on energy, environment, economic security, and natural resources issues in North America, and specifically in Alaska and Canada.

“Holland & Hart is a natural resources powerhouse and has been doing business in Alaska for decades. We know their lawyers well and look forward to working with them. Alaska’s vast resources have never been more vital to the nation’s economic future, and the timing is perfect to join the country’s leading resources legal team at Holland & Hart,” said Kyle Parker.

The new Anchorage office will be located at 1029 W. Third Avenue, Suite 550, Anchorage, Alaska 99501.

 

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Former District Judge Chris Oldner Joins Orsinger, Nelson, Downing & Anderson

Chris OldnerFormer state District Judge Chris Oldner has joined the Dallas and Frisco, Texas offices of the family law boutique Orsinger, Nelson, Downing & Anderson, LLP, as of counsel.

“Chris has a profound understanding of Family Law litigation that only comes from being on the bench for more than 16 years,” said firm Partner Keith Nelson. “Those insights will greatly enhance the work we are already doing on behalf of clients. We are excited to welcome him to the firm.”

Oldner was appointed in 2003 by then-Gov. Rick Perry to be the first judge of the newly created 416th District Court in Collin County, where he presided over both criminal and civil cases, including Family Law disputes. He served the 416th District for three full terms. He also served as the presiding judge of Collin County Court at Law 5 from 2000 to 2003.

“As I looked toward the next chapter of my career, I found I was drawn to Family Law, and specifically to this firm,” Oldner said. “I have always held a deep respect for the attorneys of Orsinger, Nelson, Downing & Anderson for their principled representation of their clients and their leadership among legal professionals.”

Oldner earned his law degree in 1993 from the Texas Tech University School of Law and is a 1989 graduate of Baylor University. He clerked for former state District Judge Alvin Khoury in Longview and worked as a prosecutor in the Smith County District Attorney’s Office before joining the Collin County District Attorney’s office as a chief felony prosecutor in 1995.

 

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Download: 2017 Strategic E-Discovery Insights and Best Practices

Zapproved has published the proceedings catalog from the 2016 PREX, the premier conference for in-house e-discovery professionals. The catalog is available for free downloading.

The volume includes reflections shared by participants and faculty about the ongoing challenge of sustainably managing and preserving data to meet e-discovery demands.

It includes a recap of the fireside chat with Hon. Shira Scheindlin led by attorney and professor Maura Grossman; roadmaps for creating the perfect preservation notice and plan; strategies for improving e-discovery process and compliance; and predictions about the future of legal software and its impact on e-discovery. The content also covers the panel review where six judges summed up 10 cases and their key “takeaways” from each one in an hour.

Download the PREX catalog.

 

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Federal Court Dismisses Insurer’s Claims Seeking Tens of Millions of Dollars in Damages

A federal judge has dismissed claims brought by a South Carolina insurance company against Texas-based insurance agency Highpoint Risk Services and its owner, Charles David Wood Jr. , according to a report published by Androvett Legal Media & Marketing.

That lawsuit sought more than $40 million in damages for an alleged shortfall in reinsurance collateral and claims relating to the issuance of various workers’ compensation policies. Last week, Senior U.S. District Judge Cameron McGowan Currie ruled that Companion Property and Casualty Insurance Co. was contractually barred from recovering any alleged shortfall from Wood, the report says.

In dismissing other claims against Highpoint and Wood for alleged breach of fiduciary duty and alleged violations of the South Carolina Unfair Trade Practices Act, the court found that “there is no evidence Highpoint (or Wood) owed or breached” a fiduciary duty to Companion in connection with the issuance of Companion’s workers’ compensation policies.

“The court has dismissed the core of the case brought by Companion,” said Michael Gardner, name partner at Dallas-based law firm Gardner Haas and counsel for Wood and the defendant companies. “An insurer cannot avoid the terms of its own policies and can’t complain when its agreements are given their clear and natural effect.”

Companion, purchased by Enstar Group in 2015, now operates as Sussex Insurance Company and remains headquartered in Columbia, S.C.




Berkeley Research Group Appoints Legal Veteran Eric Miller as General Counsel

Global strategic advisory and expert consulting firm Berkeley Research Group announced that Eric Miller has been appointed Senior Vice President and General Counsel, effective Jan. 1, 2017.

“Eric is a valuable component of BRG’s leadership team,” said BRG Chairman and Principal Executive Officer David J. Teece. “His exceptional experience, insight and judgment are a great benefit to the firm as our business continues to grow rapidly throughout the world.”

Miller joined BRG in August 2015 as Senior Vice President–Strategic Initiatives and Risk Management. In that role, he supervised the legal and risk management aspects of international expansion activities, and coordinated BRG’s insurance programs and internal restructure, among other responsibilities. He has spent his entire career working at professional services firms, serving as FTI Consulting’s general counsel and chief risk officer from 2006 to 2015, at which time he returned briefly to DLA Piper (where he had spent his career until joining FTI) before joining BRG.

“A firm run by and for its professionals is an operating principle that resonates deeply with me,” said Miller. “My goal as BRG’s general counsel is to build on the solid foundation we have in place, address legal and risk management matters in a principled but pragmatic way and serve as a trusted advisor to our key stakeholders.”

Miller succeeds BRG’s founding general counsel, Marvin Tenenbaum, who is now Senior Vice President and Special Advisor to the Chairman.

 

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Obamacare Repeal: 18 Million Lose Insurance, Premiums Soar: Report

NBC News is reporting that about 18 million people would lose or drop their health insurance in the first year after Obamacare is repealed, the Congressional Budget Office reported Tuesday.

“The nonpartisan federal agency also found that health insurance premiums would spike another 20 to 25 percent, according to the new report. Within 10 years, 32 million more people would be without health insurance, the CBO projects,” writes Maggie Fox.

The report’s projections are based on the repeal law passed in the House of Representatives last year, using a budget-based process called reconciliation, the same process that Congress is working on now.

Read the NBC article.

 

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A Chicago GC’s Journey From Mortgages to Medical Marijuana

It turns out a law degree is just as helpful in launching a medical marijuana business as it is dealing with mortgages, according to a report in The Chicago Tribune.

Charlie Bachtell, CEO and co-founder of medical marijuana company Cresco Labs, was general counsel at Chicago-based mortgage company Guaranteed Rate before he moved into the legal cannabis business, reports Ally Marotti.

In a question-and-answer session, he discusses how he decided to switch fields, the stigma that can be attached to his new business, securing financing, and growing the business.

Read the Chicago Tribune article.

 

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Mark Zuckerberg, in Suit, Testifies in Oculus Intellectual Property Trial

Photo by Brian Solis

Mark Zuckerberg, chief executive of Facebook, testified Tuesday in a trial that could cost his company $2 billion if a federal jury in Dallas finds that a company bought by Facebook stole technology that eventually went into a virtual reality headset.

New York Times report on the trial says the “dispute started more than two and a half years ago when ZeniMax Media sued Oculus just months after Facebook announced that it would acquire the start-up. ZeniMax accused Oculus of stealing important elements of the technology that went into the creation of the headset, eventually including Facebook among the parties it was suing.”

Reporters Nick Wingfield and Mike Issac write that this case defied predictions by reaching a jury trial.

ZeniMax’s case is based on the idea that one of its former employeesshared ZeniMax virtual reality technology with a founder of Oculus, during the company’s early days, technology for which ZeniMax was never compensated, according to the report.

Read the NYT article.

 

 




Early Investigative Mistakes that Destroy the Privilege

HR - employees - jobs - hiringThe Rules of Evidence protects communication between attorneys and clients from being revealed to the other side during a dispute. It’s a basic concept found in federal and state rules of evidence throughout the country. It often comes into play when an employee or former employee alleges harassment or other wrongdoing, according to a report published by Lynch Service Company.

Harassment accusations are often a surprise. The company needs to figure out what really happened, and time is almost always an issue. It’s understandable that leaders want to start asking questions and investigating the situation.

If this happens in your organization, make sure your team resists the urge to jump into an investigation without an appropriate plan or your company could lose its attorney-client privilege. In many cases, the company accused of wrongdoing is unpleasantly surprised to learn that they will be forced to give the other side access to many of the internal communications the company assumed would be kept private. The human resources team and managers must navigate early investigations carefully and make sure the proper individuals are conducting them.

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Justices Will Hear Challenges to Mandatory Employee Arbitration

The U.S. Supreme Court has agreed to decide whether companies can use employment contracts to prohibit workers from banding together to take legal action over workplace issues, reports The New York Times.

Adam Liptak writes that the court will consider three cases that follow a series of Supreme Court decisions endorsing similar provisions, generally in contracts with consumers. The question for the justices in the new cases is whether the same principles apply to employment contracts.

“In both settings, the challenged contracts typically require two things: that disputes be raised through the informal mechanism of arbitration rather than in court and that claims be brought one by one,” Liptak writes. “That makes it hard to pursue minor claims that affect many people, whether in class actions or in mass arbitrations.”

Read the NYT article.

 

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Federal Court Dismisses Insurer’s Claims Seeking Tens of Millions of Dollars in Damages

A federal judge has dismissed claims brought by a South Carolina insurance company against Texas-based insurance agency Highpoint Risk Services and its owner, Charles David Wood, Jr.

In 2014, Highpoint filed a lawsuit against Companion Property and Casualty Insurance Co. in Texas seeking reimbursement for more than $30 million in workers’ compensation claims payments, according to an article published by Androvett Legal Media and Marketing. Companion filed a countersuit in South Carolina against Highpoint and other companies owned by Wood. That lawsuit sought more than $40 million in damages for an alleged shortfall in reinsurance collateral and claims relating to the issuance of various workers’ compensation policies. Companion, purchased by Enstar Group Ltd. (NASDAQ: ESGR) in 2015, now operates as Sussex Insurance Company and remains headquartered in Columbia, S.C.

On Jan. 10, Senior U.S. District Judge Cameron McGowan Currie ruled that Companion was contractually barred from recovering any alleged shortfall from Wood. In dismissing other claims against Highpoint and Wood for alleged breach of fiduciary duty and alleged violations of the South Carolina Unfair Trade Practices Act, the court found that “there is no evidence Highpoint (or Wood) owed or breached” a fiduciary duty to Companion in connection with the issuance of Companion’s workers’ compensation policies.   

“The court has dismissed the core of the case brought by Companion,” said Eric Haas, name partner at Dallas-based law firm Gardner Haas and counsel for Wood and the defendant companies. “An insurer cannot avoid the terms of its own policies and can’t complain when its agreements are given their clear and natural effect. We look forward to successfully pursuing Highpoint’s claims against Companion at trial in the Texas action.”

The case is Companion Property and Casualty Insurance Company v. Charles David Wood Jr. et al., Case No. 3:14-cv-03719, in the U.S. District Court for the District of South Carolina.

 

 

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Stradley Ronon Adds Leading In-House Financial Services Litigator

Stradley Ronon announced that high-profile financial services litigator Joe N. Nguyen has joined the firm as a partner in its Philadelphia office. Nguyen was most recently vice president and assistant general counsel at firm client Ocwen Financial Corporation, one of the country’s largest mortgage companies.

Nguyen has experience in consumer-related litigation matters and class-action defense, as well as extensive first-chair trial work. He managed the Fort Washington, Pennsylvania, office of Ocwen’s litigation group where he was lead in-house counsel for the company’s nationwide class action portfolio and was responsible for the day-to-day strategic management of significant borrower litigation, including class actions and high-exposure single borrower matters. He also advised executive leadership on legal issues and risk management, provided regulatory and compliance advice to internal business clients, and managed internal and government investigations.

In a news release, the firm said:

“Joe’s hiring enhances our financial services litigation practice group and helps to fulfill our strategic goal of adding accomplished lateral hires in the specific areas in which our clients seek counsel,” said Stradley Ronon Chairman William R. Sasso. “Stradley Ronon has long been known for its prowess in the financial services sector and Joe’s experience will help to bolster our strong reputation in this area.”

Prior to joining Ocwen, Nguyen was associate counsel at GMAC ResCap. He also worked at a large international law firm where his financial services litigation and trial practice included state and federal matters as well as arbitration proceedings before the American Arbitration Association and the Financial Industry Regulatory Authority. Nguyen also spent time as a trial lawyer with the Office of the Philadelphia District Attorney.

“I have worked with several Stradley Ronon attorneys over the years and have always been impressed by the firm and its talented attorneys,” said Nguyen. “I am excited to join a group that is committed to providing clients with first-rate, practical legal counsel and delivering results that help their businesses.”

Nguyen is the second lateral hire for Stradley Ronon’s litigation department in the past month. Prominent white-collar defense and government investigations lawyer Michael J. Engle joined the firm in December.

“Joe’s significant financial services litigation experience is a terrific complement to our existing offerings in this area and we are confident our clients will benefit from his skillset,” said Stradley Ronon Litigation Department Chair Michael D. O’Mara.

Stradley Ronon’s litigation group, which was recently named by The Legal Intelligencer as the top litigation department for midsize firms, routinely handles high-risk, high-stakes litigation in a wide array of matters spanning state and federal courts, before governmental agencies, and in international and domestic arbitrations. The firm’s financial services litigation practice represents clients in matters involving nearly every type of consumer and commercial financial product, including litigation arising from the origination and servicing of residential mortgages.

Nguyen was named a 2016 Rising Star by HousingWire and has been recognized as a “Lawyer on the Fast Track” by The Legal Intelligencer and a Rising Star by Pennsylvania Super Lawyers. He received his B.A. from Franklin and Marshall College and his J.D., magna cum laude, from the University of Pittsburgh School of Law.

 

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Hogan Lovells Adds Stacey Rosenberg in L.A. Office

Hogan Lovells US LLP announced that Stacey Rosenberg will join the firm’s Finance practice as a partner in its Los Angeles office.

Rosenberg has spent the past 20 years working in Los Angeles, representing lenders, borrowers and equity sponsors in a wide variety of debt finance transactions. Her debt finance practice across industry sectors spans from senior secured credit facilities, first and second lien transactions, leveraged buy-outs and recapitalizations, secured bond transactions and workouts.

In a news release, the firm said:

In the media and entertainment industry, Rosenberg represents lenders and borrowers in connection with credit facilities, slate financings, film securitizations and joint ventures, including acting as counsel for a leading global co-producer and co-financier of major Hollywood films and films released in the Greater China market.

Rosenberg also counsels lenders in manufacturing, retail, health care services, technology and real estate on matters including senior secured facilities, second-lien revolving and term-loan facilities, acquisition financings, and DIP and exit financings.

“Stacey’s arrival brings additional opportunities to represent lenders and borrowers in major West Coast finance transactions,” said Richard Schaberg, head of the Hogan Lovells’ U.S. Financial Institutions practice. “Stacey is a well-known practitioner and has a strong reputation in Los Angeles, and she will be able to help the firm integrate its global finance offerings with the clients on the West Coast.”

“Stacey enhances our strong cross-border entertainment and our growing finance practices based in Southern California,” said Barry Dastin, Managing Partner of Hogan Lovells’ Los Angeles office. “She will augment our capabilities to provide strategic West Coast counsel to lenders, as well as borrowers, in key industry sectors and support the debt finance needs of our corporate and M&A practice group.”

Before joining Hogan Lovells, Rosenberg was a finance partner in the Los Angeles office of Latham & Watkins LLP which she joined from the finance group at Skadden, Arps, Slate, Meagher & Flom LLP. She earned her J.D. from UCLA School of Law and her B.S. in Business Administration (with emphasis in Finance) from the University of California, Berkley.

 

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Miller & Chevalier Elects Four New Members to Employee Benefits, International, and Litigation Practices

Miller & Chevalier Chartered elected four new members on January 1. Lauren Briggerman and Andrew Herman practice in the areas of white collar defense and complex criminal and civil litigation; Nathan Lankford focuses on Foreign Corrupt Practices Act (FCPA) and business and human rights matters; and Erin Sweeney concentrates on employee benefits and ERISA policy and litigation.

“We congratulate Lauren, Andrew, Nate, and Erin on joining the firm’s Membership,” said Anthony F. Shelley, Chair of Miller & Chevalier. “These exceptional lawyers have already made demonstrable impacts on the areas of law in which they practice. Each brings a strong track record of success representing clients in extremely sophisticated and high-impact matters, and we are confident they will continue to build on these achievements as new Members.”

The firm’s news release continues:

Lauren Briggerman focuses her practice on criminal and civil matters, including government and internal investigations, white collar criminal defense, global antitrust and competition, and complex commercial litigation. Briggerman maintains a unique expertise in global cartel investigations where she has successfully defended companies and executives in some of the most notable international investigations spanning the auto parts, air cargo, freight forwarding, and pharmaceutical industries. Additionally, Briggerman has significant experience counselling clients through complex civil litigation. She served on the trial team defending two former executives of IndyMac Bank who were sued by the Federal Deposit Insurance Corporation for their alleged involvement in making negligent loans to homebuilders. Briggerman earned a B.A. from Northwestern University and a J.D., with honors, from The George Washington University Law School.

Andrew Herman advises clients in the areas of civil and criminal federal litigation with a focus on federal campaign and election laws, and congressional ethics and investigations. Herman has prevailed in the United States Supreme Court and represented clients before the United States Congress and Federal juries. He represents members of both the United States House of Representatives and Senate before their respective ethics committees, and advises campaign committees and politically active organizations on state and federal campaign finance laws, ethics rules, and disclosure issues. He has represented Fortune 500 corporations and national associations in complex federal regulatory and administrative matters before government agencies and in federal court. Herman earned a B.A., with high distinction, from the University of Michigan and a J.D., magna cum laude, Order of the Coif, from the University of California, Hastings College of the Law.

Nathan Lankford focuses his practice on matters involving the FCPA, business and human rights, and other areas of international corporate compliance. He has created tailored compliance programs for U.S. and international companies in several industries and advised companies on all areas of compliance program implementation. He has conducted internal investigations, compliance audits, third-party due diligence, and due diligence in the context of mergers and acquisitions. Lankford also served as the primary Associate on a monitorship team tasked by the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) with carrying out a three-year anti-corruption compliance review and assessment pursuant to FCPA settlement agreements. In these matters, he has worked on location in many of the world’s most challenging business environments – including countries in Central and East Asia, Africa, the Middle East, Eastern Europe, and the Americas – and has developed a solid understanding of risks faced by the oil and gas industry, health care industry, telecommunications industry, and the high tech sector. Lankford is also a founding member of Miller & Chevalier’s Business and Human Rights practice, and has advised clients on matters of trade policy and compliance with U.S. export controls. Lankford earned a B.A., cum laude, from the University of North Carolina at Chapel Hill and a J.D., cum laude, from Georgetown University Law Center.

Erin Sweeney advises clients on all facets of healthcare reform, executive compensation and employee benefit plan administration, design, and qualification, including the application of Title I of ERISA to such plans. She counsels and represents parties in litigation regarding fiduciary obligations, including plan investments, fee disclosure, and prohibited transactions and exemptions. She also provides advice concerning health privacy (HIPAA), voluntary exit incentive programs, plan termination, downsizing, welfare and pension benefit claims, health insurance continuation (COBRA), withdrawal liability, post-retirement medical benefits, the employee benefits provisions of the Americans with Disabilities Act and the Age Discrimination in Employment Act, and employee benefits issues arising in corporate acquisition, financing, and restructuring transactions. In her prior role as Senior Benefit Law Specialist for the Office of Regulations and Interpretations at the U.S. Department of Labor (DOL), Sweeney was a primary architect of the DOL’s default investment regulation proposal that impacts mutual funds, investment managers, employers, and plan trustees. Sweeney earned a B.A. and B.S., summa cum laude, from Ohio University; a J.D., cum laude, from American University Washington College of Law; and a M.A. in Law and International Affairs from American University’s School of International Service.

 

 

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Attorney Says Case Against Dylann Roof Provides Prosecutors Some Insurance

Dylann Roof will face the death penalty after a Charleston, South Carolina, jury found him guilty of shooting and killing nine people at the historic Emanuel AME Church in June 2015. Although he had legal representation during the federal trial, he chose to represent himself during the penalty phase, leaving open the possibility of an appeal. It also sets the stage for South Carolina prosecutors to seek the death penalty in an upcoming state murder trial, according to an article published by Androvett Legal Media & Marketing.

Explains Dallas criminal defense attorney Nicole Knox:

“Roof’s decision to take the innocent lives of South Carolina citizens is deplorable, and the pursuit of the death penalty in state court is likely an effort to offset any potential success he may find during his federal appeal. Roof has a sound basis to support his motion for new trial because he did not have the benefit of qualified counsel during the punishment phase. Without the arguments of defense counsel, we cannot be sure that Roof, arguing for himself, was capable of pursuing mitigation arguments that could have precluded a death penalty verdict. His post-trial motions and the appeals could continue for several years. Should the state pursue and succeed in obtaining a death penalty verdict on its own case, then Roof will be able to appeal that case as well, but it will give the state another opportunity to hold him accountable for his crimes.”

 

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Utility-Scale Battery Storage Systems: Legal Issues and Opportunities

battery and plugAs with any energy project,utility-scale battery storage projects present land use, permitting and environmental and health and safety issues, and developers need to anticipate and address these issues to successfully meet project development timelines and goals, according to an article published by Farella Braun + Martell LLP.

“Development-related concerns for utility-scale BESS projects include site consistency with land use and zoning laws, worker safety, security and community safety measures, hazardous waste management and disposal, potential impacts on species and habitat, visual impacts, storm water management, and coordination with generation and transmission facilities,” write David J. Lazerwitz, Chris Locke and Brennan Quinn Bentley. “As with any new project-based technology, the myriad of issues relating to BESS projects are still evolving.”

Read the article.

 

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