Spending some time in the next few weeks planning for business development in 2017 can pay big dividends, advises Bruce Vincent of Muse Communications, a marketing company for lawyers and law firms.

In a post on the company’s website, he writes that something as simple as paying attention to the calendar and keeping an eye on local news can be an effective way to promote your legal practice in 2017.

Under the heading “Low-Hanging Fruit,” Vincent discusses the value of being named to “best” lawyer lists. “The key is making sure that clients know about your professional recognition, and the first step is knowing how to be considered for these honors,” he writes.

And under the heading “Make Yourself a Media Expert,” he gives advice on how to be featured as an “expert” in a particular legal field and be quoted on television or in print.

“One easy way is to stay in tune with the news of the day and find popular storylines that dovetail with your practice. The idea is to eventually make yourself available for media interviews the next time a reporter needs an expert source,” he writes.

Read the article.

Jarrod T. Smith has joined Dykema in its Corporate Finance Practice Group as a senior in the firm’s Lansing office. Prior to joining Dykema, Smith served as Assistant Attorney General, Finance Division for the Michigan Department of Attorney General.

In a news release, the firm said that Smith has more than 12 years of experience with public finance work dating back to when he joined the Michigan Department of Attorney General’s Finance Division upon graduating from law school. He progressed from Staff Attorney to Senior Attorney before eventually becoming Section Head in 2013. In that role, he served as counsel to the Michigan Department of Treasury, specifically for matters involving the Bureau of Bond Finance and the Michigan Finance Authority, and he served as counsel to the Michigan Strategic Fund and various other state agencies and authorities.

“We are extremely excited to have Jarrod join our Corporate Finance practice in Lansing,” said Jin-Kyu Koh, Director of Dykema’s Business Services Department. “He is well-regarded in the public finance community, and for good reason, and he strengthens the depth of the Firm’s bench of experienced bond lawyers.”

Smith, who is active in the National Association of Bond Lawyers, received a J.D., cum laude, and a B.S. in Environmental Studies and Applications, with a specialization in environmental economics, from Michigan State University.

A planned TV show about the late Tejano singing star Selena has hit a legal barrier, according to a post on the website of Androvett Legal Media & Marketing. Her father Abraham Quintanilla Jr. filed a lawsuit in a Texas court to stop the new series based on a book by her husband Chris Perez. Her father argues that only Selena’s estate can authorize the TV show and that because her widowed husband made an agreement for a portion of the estate, he can’t make his own separate deal for a TV show.

Estate planning lawyer Aaron Dobbs of the Sugar Land, Texas, office of Roberts Markel Weinberg Butler Hailey PC, says:

“Family settlement agreements, such as the one outlined by Mr. Quintanilla, are highly favored by Texas courts and generally will be upheld and enforced in a court of law. It appears that Selena’s family agreed on who may use her name, voice, signature, photograph or likeness in the media, and that authority may  lie with the estate or someone other than Mr. Perez. Such a family settlement agreement is a binding contract. So unfortunately for her husband, using Selena’s likeness without authorization may result in liability for breach of contract. He could be liable for damages.

“As with an individual’s property right in a bank account or house, an individual in Texas has a property right in the use of his or her name, voice, signature, photograph or likeness after death. This property right is transferable by contract or through a last will and testament, trust or other testamentary document. If the property right has not been transferred through one of those means, then Texas law dictates who inherits the property right. Of course, this does not necessarily stop family members from fighting over the inheritance and use of a deceased person’s name, voice, signature, photograph or likeness.”

eSignLive by VASCO and Insurance Networking News will present a complimentary webinar on how updated regulatory laws are allowing companies to improve the process of buying insurance for consumers, while ensuring security, compliance and enforceability, on Dec. 13, beginning at 2 p.m. Eastern time.

Intended to improve the process of buying insurance for consumers, there have been recent updates to laws that allow insurance companies to post policies, forms, and endorsements on a website rather than printing these documents on paper.

As you look to take advantage of this new regulatory environment, questions related to how this can be done in a compliant way will arise.

Webcast highlights:

• E-Posting and E-Delivery defined
• Update from PCIAA on the progress of legislative adoption of e-posting laws
• The intersection between ESIGN, UETA and state insurance laws on e-signatures and records
• How to demonstrate insured consent to do business electronically
• Best practices for ensuring security, compliance and enforceability
• A live demonstration of insurance policy electronic posting

Register for the webinar.

Information security expert Edward H. Block has joined Gardere Wynne Sewell LLP as a senior attorney in its Austin office. Block joins the firm from the Texas Department of Information Resources, where he served as the chief information security officer (CISO) and the cybersecurity coordinator for the state of Texas.

With more than 20 years of experience in the cybersecurity arena, Block primarily focuses on the effects of emerging law on personal privacy at the state, federal and international levels. He has assisted and managed technical teams performing all aspects of information security work, and has developed information security policies, standards and guidelines that balance protection of information assets with legal and functional requirements.

In a news release, the firm said Block joins Gardere’s litigation practice and is a member of the firm’s internet, eCommerce and technology team, as well as its cybersecurity and privacy legal services team. Block will work closely with the firm’s government affairs team on cybersecurity law and regulation, as well as collaborate with the corporate practice group to evaluate parties’ security postures, policies and procedures in mergers and acquisitions to ensure an integrated approach to addressing security risk during the transition. In addition, Block will assist clients with establishing security, breach and disaster recovery polices and will counsel on cyber insurance issues, including evaluating policy compliance.

“Eddie’s unique background in information security will be an enormous asset to our clients in navigating their evolving cybersecurity needs and challenges,” says Kimberly A. Yelkin, executive partner in Gardere’s Austin office and chair of the government affairs team. “We are thrilled to welcome Eddie to the team.”

Prior to his time at the Texas Department of Information Resources, Block was a senior product security engineer at Polycom Inc. and was the information security officer for the Employees Retirement System of Texas. He is a Certified Information Systems Security Professional (CISSP), Certified Information Privacy Manager (CIPM), Certified Information Systems Auditor (CISA) and a Certified Ethical Hacker (CEH). Block earned his undergraduate degree at Loyola Marymount University and his juris doctorate at St. Mary’s University School of Law.

Zapproved Inc., a developer of cloud-based software for corporate legal departments,  announced that it has launched the “I Solve E-Discovery” (#ISolveEdiscovery) movement “to galvanize the community of in-house experts who are solving the complicated challenges of e-discovery.”

“Corporate e-discovery is going through a transformation as leading companies are taking more and more responsibility rather than outsourcing these critical tasks,” commented Brad Harris, VP of Product Strategy, Zapproved. “The ‘I Solve E-Discovery’ movement is a way for the corporate e-discovery community to join together to share ideas and find inspiration from peers across the country from Fortune 100s to organizations of any size that are advancing the practice of corporate e-discovery.”

In a news release, the company wrote:

To get involved, e-discovery professionals can visit the #ISolveEdiscovery website to engage, learn and share their expertise with the community. For example, they can read the manifesto, take #ISolveEdiscovery challenges to earn rewards, and spark excitement for others to join the movement.

E-discovery professionals can also nominate a peer for consideration by December 23, 2016, for recognition at the Corporate E-Discovery Hero Awards Celebration presented by Zapproved, preceding Legaltech New York. Nominees should be an e-discovery expert or in-house legal professional who has demonstrated excellence in:

• Technology, systems and metrics
• Team process and workflow
• Employee training and support
• Strategy best practices
• Overall influence and achievement

Loren Brown, co-chair of DLA Piper’s global and U.S. Litigation practices, has been named to The National Law Journal‘s 2016 list of Litigation Trailblazers. This annual list recognizes the top 50 legal professionals who have changed the way litigation is practiced.

In a news release, the firm said Brown was selected for his novel use of scientific (Daubert) and preemption defenses to dismiss all or very large parts of multiple pharmaceutical mass tort litigations involving many thousands of claims, which resulted in an avoidance of jury trials and ensured important therapies remain on the market for millions of patients.

The release continues:

His business litigation practice includes a range of commercial tort and contract, trade secret, intellectual property and securities class action matters. Brown also has significant experience in a range of internal investigation and compliance matters, particularly within the biopharmaceutical and life sciences sectors.

In addition, he regularly counsels clients on regulatory, risk management, due-diligence, product labeling, product recall, public disclosure, policy and crisis-management issues.

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The U.S. Supreme Court will is hearing arguments in a case that could upend the common practice that ranks lenders, employees and other creditors in order of priority as they try to recover their money when a company files for bankruptcy, according to a New York Times article.

“The case has attracted wide attention from academics, workers’ groups and state tax authorities,” writes Libby Lewis. “A decision could affect how much power bankruptcy courts have to approve settlements that do not follow the conventional order of creditor priority and potentially block some parties, in this case the company’s former employees, from any financial recovery.”

The court is hearing Czyzewski v. Jevic Holding Corporation.

Read the NYT article.

The Wall Street Journal is quoting a Trump transition official as saying that Debra Wong Yang, a former Los Angeles U.S. attorney with close ties to New Jersey Gov. Chris Christie, is under consideration for nomination as chairman of the Securities and Exchange Commission.

Yang, who was the top federal prosecutor in the central district of California from 2002 to 2006, met with President-Elect Donald Trump on Monday, report Dave Michaels and Sara Randazzo.

Trump has said he would try to roll back landmark financial regulations imposed by President Barack Obama’s administration. “But the choice of Ms. Yang might signal that a Trump administration would be more focused on continuing the Obama-era record of pursuing high-profile investigations of Wall Street,” they write.

Read the WSJ article.

While Wells Fargo’s new chief executive has responded to his company’s recent unauthorized-accounts scandal by saying his “immediate and highest priority is to restore trust in Wells Fargo,” the bank has been taking a different approach with individual customers, reports The New York Times.

“The bank has sought to kill lawsuits that its customers have filed over the creation of as many as two million sham accounts by moving the cases into private arbitration — a secretive legal process that often favors corporations,” write reporters Michael Corkery and Stacy Cowley.

Customers argue that they couldn’t have agreed to arbitration, considering they didn’t sign up for the accounts in the first place. The bank counters that the agreements in the customers’ original contracts also cover the disputed accounts.

Read the NYT article.

Gabriel Green has joined Buchalter as a shareholder in the Litigation Practice Group in Los Angeles, the firm announced in a news release.

Green’s practice focuses on intellectual property, franchise, real estate, and commercial litigation. He represents corporations and public personalities encountering infringement claims involving musical compositions, video game graphics, sculptural works, jewelry design and literary works. Green’s franchise litigation practice derives from his representation of nationally and internationally renowned franchisors with brands in a range of industries, the release states.

He joins Buchalter from Archer Norris where he was a shareholder.

“Gabe’s practice and expertise are an excellent addition to our growing litigation team, and exactly the type of talent we want here at the Firm,” said Adam Bass, President and Chief Executive Officer of Buchalter. “I’m so pleased to welcome Gabe, and we look forward his practice flourishing.”

Earlier this year, Green was recognized as a Top 10% Lawyer in the U.S. (Intellectual Property Law) by Lawyers of Distinction. He is a member of the Association of Business Trial Lawyers and previously an Editorial Board Member of Los Angeles Lawyer Magazine.

“My practice fits well within Buchalter’s full-service platform,” added Green. “I’m absolutely thrilled at the opportunity to be joining such an excellent group of litigators that provides my clients with a full range of business services and an exceptional experience.”

Green earned his J.D. from the University of San Diego School of Law and his B.A. at Pennsylvania State University.

The national law firm of Quarles & Brady LLP announced that it received a perfect score of 100 percent on the 2017 Corporate Equality Index (CEI), a national benchmarking survey and report on corporate policies and practices related to LGBT workplace equality, administered by the Human Rights Campaign Foundation. The firm joins the ranks of 517 major U.S. businesses which also earned top marks this year.

“We are proud to be recognized for our long-standing and continued commitment to diversity and inclusion,” said George Marek, Quarles & Brady partner and chair of the firm’s Diversity & Inclusion Committee. “As an LGBT attorney, I know the benefits of working in an organization that values diversity, and where I can bring my entire self to the table.” LGBT Employee Resource Group leader Michael Hearon noted, “With the support of the firm and our LGBT Employee Resource Group, we are elated to receive a perfect score from the HRC for the third consecutive year. We believe that we are leaders in diversity and inclusion and this recognition proves that we are achieving what we believe.”

The 2017 CEI rated 1,043 businesses in the report, which evaluates LGBT-related policies and practices including non-discrimination workplace protections, domestic partner benefits, transgender-inclusive health care benefits, competency programs, and public engagement with the LGBT community. Quarles & Brady’s efforts in satisfying all of the CEI’s criteria results in a 100 percent ranking and the designation as a Best Place to Work for LGBT Equality.

For more information on the 2017 Corporate Equality Index, or to download a free copy of the report, visit www.hrc.org/cei.

The Human Rights Campaign Foundation is the educational arm of America’s largest civil rights organization working to achieve equality for lesbian, gay, bisexual transgender and queer people. HRC envisions a world where LGBTQ people are embraced as full members of society at home, at work and in every community.

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The Federal Reserve looks ready to raise interest rates, predicts The New York Times.

When the Fed increased its benchmark interest rate late last year after keeping it near zero for seven years, Fed officials were in general agreement that they might raise rates as many as four times in 2016, write Binyamin Appelbaum and Kevin Granville. But their meeting on Dec. 13 and 14 gives the Fed the opportunity to raise rates for the first time this year.

The authors discuss life in a low-interest world and explain that the Fed is wrestling with three big, intertwined questions: How many people want jobs? How low are interest rates? And what damage is done by doing nothing?

Read the NYT article.

As oil prices remain volatile, trade secret and intellectual property protection continues to be a key component of ensuring profitability, according to Orrick’s Trade Secrets Watch. But the law in this area may be evolving quicker than industry insiders would like.

The article discusses a Pennsylvania case, Robinson Township v. Commonwealth, that may make it more difficult for some energy companies to protect the trade secret status of some of their most valuable information. In that case, the Pennsylvania Supreme Court struck down several remaining provisions of the state’s controversial P.L. 87 legislation, the Pennsylvania General Assembly’s short-lived and controversial attempt in 2012 to provide uniform laws and regulations governing oil and gas development in the Commonwealth.

“At the national level, the story is consistent with Pennsylvania’s — in the sense that the law and its direction remains variable,” the article says.

Read the article.

Transportation companies have become prime targets for patent infringement lawsuits in recent years, write Jonathan Todd and Justin P. Clark for Benesch, Friedlander, Coplan & Aronoff.

“The best way a transportation and logistics provider can protect itself from the license fees, court costs, and damages is to carefully negotiate the technology agreements that support hardware and software license, lease, or development,” they explain.

In their article, they discuss technology contract tips, offering the most important user-favorable clauses that can often help protect the buyer or licensee of technology.

Read the article.

Stacey Lantagne uses a recent Florida case to illustrate the importance of specificity when drafting contracts.

Writing in her ContractsProf Blog, she outlines the history of Boardwalk at Daytona Development, LLC v. Paspalakis, “a case where the court, faced with an ambiguous description of the land at issue in a contract, just threw up its hands in frustration.”

The case involves a settlement agreement in a land dispute. The agreement failed to specify a legal description or street address for the property at issue. That failure came to light when Boardwalk conveyed a parcel — pursuant to the agreement — which the appellees found to be inferior to the one they expected to receive.

Read the article.

Business Insider summarizes the major findings of a new white paper by blockchain consortium R3 and global law firm Norton Rose Fulbright on smart contracts.

The white paper explores whether blockchain-based “smart contracts” are legally binding under current legislation in different countries.

The Business Insider article discusses the variety of possible smart contract models, the effect jurisdiction has on whether smart contracts are legally binding, the enforceability issues resulting from smart contracts’ underlying technology, and the importance of embedding dispute resolution mechanisms to reduce friction.

Read the Business Insider article.

Contract managers need to manage their data better, and some upcoming solutions can take unstructured data and present it in a structured way, writes Amanda Prochaska in her blog, Procurement Unstuck.

“You will still have to review the results and train the technology to learn more about your contracts, but it has the ability to keep your data up to date and reliable.  It will also allow you to find clauses in your contracts, like the infamous assignment clause.  If you are looking to improve your contract management process, you must look at these technologies,” she writes.

She warns that if the legal team, risk team, insurance team, finance team, and stakeholders are not interested in using the solution, the contact management solution will mostly be a repository.

Read the article.

Gardere Wynne Sewell LLP partner Richard A. Tulli was recently elected chairman of the Texas Business Law Foundation, and partner Rick Jordan was appointed secretary-treasurer, the firm announced in a news release.

Tulli and Jordan will serve in their respective roles for a two-year term.

Tulli is a corporate and securities attorney who represents individuals, as well as private and public companies, in a variety of industries, including financial services, medical software, hospitality, telecommunications, and oil and gas. He has previously served as section chair of the Business Law Section of the State Bar of Texas, as well as chair of the section’s information, legal opinions and corporation laws committees. In addition, he serves as co-editor of the Texas Business & Commerce Code and the Texas Business Organization Code volumes published by O’Conner’s.

Jordan serves as co-chair of Gardere’s venture capital and emerging business section. His practice covers a broad spectrum of corporate and governance matters, with a focus on venture capital financings (representing investors and issuers) and mergers and acquisitions transactions. He also handles other complex corporate matters, such as joint ventures, restructurings and licensing deals.

The Texas Business Law Foundation is a nonprofit entity whose objective is to promote a favorable business climate in Texas through the development and maintenance of modern business laws. The organization’s members include businesses, law firms, law professors, as well as individual lawyers throughout Texas.

David Brunori has joined Quarles & Brady LLP’s Washington, D.C. office as a partner in its Business Law Practice Group, the firm announced in a news release.

Brunori specializes in tax and government issues. He is a nationally known state and local tax expert who regularly speaks before practitioners, revenue departments, and legislators. When he is not practicing law, he is a Research Professor at the Trachtenberg School of Public Policy and Public Administration at The George Washington University where he teaches courses in state and local public finance and fiscal federalism. He also teaches state and local tax law at the George Washington University Law School.

He has published numerous books and articles on state and local tax policy. His book State Tax Policy: a Political Perspective, won the 2001 Choice Award. A third edition of his Local Tax Policy: a Federalist Perspective was published in 2013 by the Urban Institute Press. His new book, State Tax Policy: a Primer will soon be published by Rowman & Littlefield.

He received his law degree, cum laude, from the University of Pittsburgh School of Law, his masters in political science from The George Washington University, a bachelor of arts in history, with honors, from The George Washington University, and will receive an executive M.P.P.M. from the University of Pittsburgh, Graduate School of Public and International Affairs in 2018.