New York’s Attorney General Eric Schneiderman issued a warning on Wednesday about a phishing scam in which hackers pose as representatives from from his office and target attorneys, according to a Bloomberg Law report.

Schneiderman’s press release quotes a phony email in which the hackers suggest a complaint has been filed against the recipient’s law firm.

“The goal of such emails is to trigger the recipient to click a link or open an attachment through which the hacker can gain access to the server, and any sensitive information on your computer such as credit card data and social security numbers,” the report says.

Read the Bloomberg article.

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A federal jury in Dallas ordered Johnson & Johnson and one of its subsidiaries to pay more than $1 billion in damages Thursday for “despicable and vile conduct” in selling Pinnacle metal-on-metal hip implants that they knew were seriously defective, reports The Dallas Morning News.

The New Jersey pharmaceutical and medical device maker and its DePuy Orthopaedics subsidiary must pay damages to six California plaintiffs who say they suffered serious chronic and painful medical problems caused by the device.

“The trial was the third in a series of bellwether cases being held by U.S. District Judge Ed Kinkeade,” reports Mark Curriden of Texas Lawbook for The Morning News. “More than 8,900 cases against Johnson & Johnson and DePuy have been filed across the U.S. The lawsuits have been consolidated in what is known as multi-district litigation.”

Read The Morning News article.

A study by market research firm Equilar found that 2015 compensation for general counsel rose 6.9 percent and exceeded $1 million, reports Bloomberg Law.

In examining data from more than 1,400 lawyers, the report — with commentary from legal recruiting firm BarkerGilmore — found that:

• At companies with less than $1 billion in revenue, median total direct compensation for GCs was $725,021.
• At companies with between $1 billion and $5 billion in revenue, it was  $1.2 million.
• At companies with between $5 billion and $15 billion, it was $1.7 million.
• At companies with revenues above $15 billion, it was $2.5 million.

On its website, BarkerGilmore explains that the study considered compensation trends by practice area, the average annual in-house counsel salary increase, how well company compensation compares to those of similar size, and what gaps may exist and how to address them.

Read the Bloomberg article.

Download the BarkerGilmore report.

eSignLive by VASCO will present a complimentary webinar on the basics of using electronic signatures. The event will be Thursday, Dec. 8, beginning at 2 p.m. EST.

Electronic signatures are hardly a new, cutting-edge technology, eSignLive says on its website. Organizations of all sizes that are using esignatures have transformed the way they serve both internal staff and their customers and partners – offering a more convenient and efficient digital experience.

This presentation will provide an overview of the basic terminology, concepts, and laws related to electronic signatures and answer the most frequently asked questions on the topic including:

• What is the difference between an electronic signature and a digital signature?
• How can you prove who e-signed?
• What legal and compliance requirements do we need to consider?
• What ROI metrics have others reported?
• What do signers need in order to e-sign?
• How do we get started? What’s the cost? What’s the effort?
• If you are just beginning to investigate e-signatures for your organization, or if you are new to an e-signature project team, join this discussion.

Register for the webinar.

Image by NY Photographic

Many employers received a last-minute reprieve from new federal overtime rules that would have gone into effect Thursday, Dec. 1, entitling thousands of previously “exempt” workers to overtime pay. But the Texas federal judge’s temporary injunction creates uncertainty for businesses preparing for the employment compliance playing field going forward, according to a post on the website of Androvett Legal Media & Marketing.

In a client alert, employment attorney Audrey Mross of Dallas’ Munck Wilson Mandala notes that many employers had already revised workers’ pay to comply with the Department of Labor’s overtime rule. Businesses that have not yet implemented changes now have breathing room to wait for a final ruling from the courts. However, those that have already altered employee pay should think carefully before reversing already announced pay changes.

“If a pay increase was already announced or implemented, and you are considering putting it on hold, there are further considerations that may not apply such as employee relations, an angry or confused employee seeking legal counsel, state laws requiring written notice prior to reducing pay, and collective bargaining on pay issues,” Mross says.

Read the Munck Wilson client alert.

Zapproved Inc., a developer of cloud‐based software for corporate legal departments, announced it will present the webinar, “Stories of Bringing E-Discovery In-House,” on Dec. 6, 2016.

In a news release, the company said this special event will offer strategic and practical tips to help corporate legal teams bring more of their e-discovery processes in-house. Guests will hear success stories from experts and learn ways to gain control over their processes, improve efficiency, and reduce risk for their organizations.

The company’s release continues:

Event description

Corporate legal teams are under constant pressure to do more with less. These in-house teams must now lead the charge in implementing initiatives aimed at reducing cost while mitigating risk. To be successful, they often turn to new technologies and electronic discovery processes that allow them to bring legal preservation and e-discovery work in-house.

Join this complimentary webcast that will include stories from three leading in-house legal professionals. They will discuss why and how they decided to move much of their electronic discovery functions inside the company, including preservation, collection, and processing. You will also learn:

• How to prepare for bringing e-discovery in-house
• How to define success and set expectations
• The pitfalls you need to avoid when moving forward

As an attendee, you will receive a series of whitepapers called, “In-House Elevated,” filled with inspiring and educational insights about the journey of bringing more e-discovery work in-house.

Speakers

• Jack Thompson, Sr. Manager, eDiscovery & Legal Operations, Sanofi US
• Becki Bottemiller, Specialist, Paralegal, Portland General Electric
• Wendy Riggs, Senior Manager, eDiscovery and Litigation Operations, Twitter, Inc.
• Jennifer Bantelman, Sr. Director of Product Management, Zapproved, Inc.

Who should attend

Corporate counsel, e-discovery managers, legal operations, paralegals, litigation support professionals

Register for the webinar

Register for Stories of Bringing E-Discovery In-house
Date: Tuesday, December 6, 2016
Time: 1pm ET | 10am PT
Cost: FREE

Eduardo Espinosa, a member with law firm Dykema, has been appointed trustee for the Position Holders Trust as part of Life Partners Holdings Inc.’s Chapter 11 Plan of Reorganization, which was confirmed on Nov. 1, 2016.

In a news release, the firm said Life Partners, a life settlement provider, filed for Chapter 11 protection in 2015 in response to a $47 million jury verdict secured by the U.S. Securities and Exchange Commission (SEC). The company sold more than $1.3 billion of fractional interests in individuals’ life-insurance policies to more than 20,000 people. The estate includes 3,400 policies with more than $2.4 billion in face value; and more than 22,000 investors holding more than 100,000 positions in said policies. Thompson & Knight served as counsel to the bankruptcy trustee and Munsch Hardt Kopf & Harr, P.C., was counsel to the unsecured creditors committee.

Espinosa was appointed trustee to administer the bankrupt estate’s assets and the claims against them as part of the reorganization plan confirmed by Judge Nelms of the U.S. Bankruptcy Court for the Northern District of Texas. The plan also creates a Creditors Trust to pursue the estate’s claims against third parties and names AMJ Advisors LLC’s President Alan Jacobs as its trustee.
In addition to Espinosa, a former SEC enforcement attorney, the trust will be supported by Dykema members Michael Napoli, Mark Andrews, Aaron Kaufman and senior counsel Jeff Goldman.

“This has been a very difficult and contentious bankruptcy,” Espinosa said. “The Trustee has successfully collaborated with various stakeholders and they’ve collectively crafted a plan of reorganization that is designed to preserve flexibility and maximize value for Life Partners’ victims.”

The Plan of Reorganization is expected to be effective in early December.

National trial law firm Edison, McDowell & Hetherington LLP announced the opening of its South Florida office. EMH now has offices in Texas, California and Florida.

Kristina “Tina” B. Pett and Wendy L. Furman, formerly of Pett Furman, PL in Boca Raton, are joining the firm as partners to launch the Florida office.

David McDowell, EMH’s managing partner, says, “We are thrilled to join forces with Tina and Wendy. We have worked with both for many years and have tremendous respect for them as lawyers and as people. Our clients requested that we have a physical presence in Florida, and we are excited to address that request with the caliber of lawyers found at Pett Furman.”

The firm’s release continues:

“We are responding to client demand. EMH is committed to providing outstanding legal work at competitive rates across the country. With offices in Texas and California, expansion to Florida is the logical next step,” says EMH founding partner Tom Hetherington.

EMH is a 43-lawyer trial firm that has handled complex commercial litigation in almost every state since the firm was founded in 2009.

Tina Pett and Wendy Furman, who have extensive experience in commercial and financial services litigation, say they are pleased to join a firm with a national reach.

“We now have a nationwide presence and EMH’s footprint will allow us to further serve our clients,” says Tina Pett.

Wendy Furman agrees, “Our clients know EMH and are pleased that we now have a platform that spans the country.”

The EMH Florida office is located at 2101 N.W. Corporate Boulevard, Suite 316, Boca Raton, FL 33431.

Practical Law will present a webinar discussion of the key issues and best practices surrounding social media in litigation. The webinar will be Wednesday, Dec. 7, beginning at 1 p.m. EST.

Samantha V. Ettari, E-Discovery Counsel at Kramer Levin Naftalis & Frankel LLP, will be the presenter. Lauren M. Sobel, Senior Legal Editor, Practical Law Litigation will be the moderator.

Topics will include:

• The duty to preserve evidence, including social media.
• Social media in discovery.
• Service of process through social media.
• Authenticating social media.
• Social media at trial.

A short Q&A session will follow.

CLE credit is available in multiple states.

Register for the webinar.

By Keli Johnson Swan
Scott & Scott LLP

The end of the year is a busy time for software publishers and entities like the BSA | The Software Alliance (“BSA”) and the Software & Industry Information Association (“SIIA”) to resolve an audit target’s copyright infringement dispute by entering into settlement agreements. While it may be advantageous for a company to reach a quick resolution by the end of the year in order to resolve any outstanding disputes or potential monetary penalties, it is critical not to rush through settlement without carefully considering provisions in a draft settlement agreement.

The following are a few provisions that should be carefully considered before executing an agreement.

Release of Liability.
The release of liability is arguably the most critical provision in a settlement agreement because without it, a company is still exposed for any potential copyright infringement claims. These provisions should be read very carefully because software publishers sometimes limit the provisions to specific circumstances, and make the release of liability contingent on several factors, including post-settlement remediation and other ongoing responsibilities.

Warranty.
Often software settlement agreements contain a provision that the release of liability is contingent on the accuracy of the audit materials that were submitted. This is particularly important because a company should make every effort to ensure that it conducts an accurate self-audit immediately after the audit request is received.

Post-settlement obligations.
The BSA and SIIA have specific terms it requires in settlement agreements, which requires that any software that was discovered to be unlicensed during the course of the audit is uninstalled or replaced with licensed software. Additionally, a software publisher or the BSA or SIIA may seek to include provisions that are more restrictive than the software license agreement requires, such as future on-site inspections. These terms generally can be negotiated so it is important to seek legal counsel before executing a settlement agreement.

Confidentiality.
While some targets of software audits wish to share their experiences to educate others, most companies prefer not to have any negative publicity related to resolving copyright infringement claims. The confidentiality provision should be carefully crafted to prevent the software publishers, BSA, or SIIA from publishing a press release about the settlement agreement.

These are just a few issues to consider when reaching a settlement to resolve alleged copyright infringement claims. If in doubt, contact an attorney experienced in software licensing and copyright infringement matters.

As most legal departments’ workload increases and resources diminish, it’s no surprise that running an efficient legal department is challenging. Old processes tracked on Excel spreadsheets or rudimentary databases will no longer cut it. Many legal departments find themselves struggling under the weight of legacy technologies that simply do not work or are expensive to upgrade.

Onit has published an eBook (see the form below) that discusses how ELM solutions are positively impacting corporate legal departments like Archer Daniels Midland (ADM), The Home Depot and Under Armour.

The eBook, available for free downloading, covers:

• Why ELM is more than just legal e-billing and spend management and “should” include contract management, legal holds, NDA creation, legal service requests, etc.
• Why “process automation” and collaboration is critical for performance
• Cues from the industry, market trends and Gartner’s predictions
• The new technology curve and future of legal operations technology

Download the eBook:

Biglaw’s compensation leader, Cravath Swaine & Moore, announced its 2016 year-end bonuses for associates this week, and the list has a familiar look, reports Above the Law.

“But there is, of course, one huge difference: back in June, Cravath raised base salaries for its associates, a move that led dozens of firms around the country to hike associate pay,” writes David Lat.

He added announced bonuses to new salaries and concluded that a first-year associate at Cravath will earn around $180,000 in total compensation.

“At the top of the scale, an eighth-year associate will earn almost $400,000 in total compensation ($280,000 for the first half of the year, $315,000 for the second half of the year, and $100,000 in bonus money), up from $380,000,” he writes.

Read the Above the Law article.

Atlanta-based Sutherland Asbill & Brennan is in merger discussions with Eversheds of London, the firms announced on Tuesday, reports Bloomberg Law.

The proposed merger could result in a law firm with more than 2,300 lawyers in 31 offices across 29 countries, the firms said in a joint statement. The merged entity would have revenue of more than $900 million, putting it into the top 40 law firms in the world, by revenue.

Bloomber described the announcement as depicting the discussions as being in an advanced, yet incomplete stage. It said that both firms have presented the proposed combination to their partners, who will likely vote on the deal before year-end.

Read the Bloomberg article.

The Fort Worth Star-Telegram is reporting that Shannon Gracey Ratliff & Miller, one of Fort Worth’s storied law firms for more than 80 years, is shutting down at the end of the year, according to court records.

“The partners recently voted to dissolve at the end of 2016, and several of its attorneys are leaving to join other firms or start new ones, according to court records and interviews with those familiar with the situation,” reports Max B. Baker.

Some Shannon Gracey lawyers already have formed new firms or joined other Texas firms. The firm’s website lists about 30 lawyers now, with offices in Fort Worth, Dallas, Arlington, Austin, Houston and Rhome.

Wells Fargo Private Bank’s Specialty Group released a report on how law firms performed in the first nine months of 2016, with the report’s authors finding a decline in demand across all timekeepers, according to an article published by Bloomberg Law.

Lawyers’ rates increased by 3.6 percent, with an expected hike of another 4.4 percent coming the following year.

In an interview, Joe Mendola, senior director of sales at Wells Fargo Legal Specialty Group, drilled down into what the catch was for the industry.

Among the findings:

• The richest firms are also the busiest, with partners are projected to log an extra 100 hours this year compared to everyone else.

• There has been a decline in productivity this year.

• With demand flat or declining, law firms are raising rates to keep growth strong — and to pay for higher associate salaries.

Read the Bloomberg article.

Bailey Brauer PLLC of Dallas was named to BTI Consulting Group’s 2017 ranking of U.S. law firms that corporate lawyers never want to face in court.

Founded in 2013 by former big firm lawyers Clayton Bailey and Alex Brauer, the firm has represented major corporations, family-owned businesses and high-net-worth individuals in a variety of business disputes by relying on years of expertise trying and appealing cases and negotiating favorable settlements.

“It’s a point of pride to be on this impressive list,” says Bailey, who is experienced in state and federal trials and appeals. “General counsel call on Bailey Brauer because we provide the experience and quality they expect while keeping a close eye on the bottom line.”

In a release, the firm said:

One of the country’s leading business research firms, BTI Consulting produces its annual review of the U.S. legal market by conducting independent confidential interviews with more than 300 corporate counsel from the world’s largest corporations over a one-year period.

“It’s gratifying to know that in-house lawyers are recognizing the level of work we deliver at Bailey Brauer,” says Mr. Brauer, a trial and appellate lawyer who has helped clients win cases in state and federal courts nationwide. “Our firm is proof that bigger isn’t always better.”

Bailey Brauer’s impressive list of courtroom victories during the past six months includes helping a nationwide food provider defeat a price-fixing claim for more than $500 million; prevailing against a major corporation that sought an injunction against its former employee; and winning a breach of contract claim for a poultry producer after a contractor violated animal welfare standards.

The firm currently is headed to trial in Dallas on behalf of an investment fund in a multimillion-dollar federal fraud case against a group of out-of-state defendants.

The 2016 report on a comprehensive survey of law department operations, “Trying to Take the Leap from Small Changes to Major Disruptions,” can be downloaded from Blickstein Group at no charge.

Since 2008, Blickstein Group has worked in cooperation with Consilio to survey hundreds of law departments solely on the operations function to provide benchmarks that are useful to all law departments.

In addition to releasing the survey report, Blickstein Group will host a live webinar on Dec. 14 to provide exclusive analysis of survey results by five industry leaders. The complimentary online event will be Wednesday, Dec. 14, at 1 p.m. EST.

Some of the topics covered will be:

• The role of the LDO
• Change management
• Alternative fee arrangements
• Technology and tools
• Metrics and reporting

Presenters at the webinar will be:

• Brad Blickstein – Principal, Blickstein Group and Publisher, Law Department Operations Survey
• Elizabeth Jaworski – Director, Legal Operations, Motorola Mobility and Member, Law Department Operations Survey Advisory Board
• Josh Rosenfeld – Vice President, Legal Services, QuisLex
• Robin Snasdell – Managing Director, Consilio
• Aaron Van Nice – Director of Legal Operations, Baxter Healthcare and Member, Law Department Operations Survey Advisory Board

Download the report or register for the webinar.

By SPDuffy527 (Own work) [CC BY-SA 3.0, via Wikimedia Commons

Some senators considering Kethledge’s 2008 nomination questioned his lack of judicial experience, but now he’s on Trump’s list of potential U.S. Supreme Court nominees to replace Justice Antonin Scalia, who died unexpectedly Feb. 13.

“Kethledge’s notable opinions at the U.S. Court of Appeals for the Sixth Circuit include a ruling in favor of a Tea Party group and against the Internal Revenue Service,” writes reporter Patrick Gregory. “The judge has written that he likes to see candidness and civility in appellate briefs.”

Read the article.

Image by Mike Mozart

A federal judge in Dallas has ordered the attorneys general of two Northeastern states to come to Texas next month to be deposed in a lawsuit brought by Exxon Mobil, according to a report posted by Androvett Legal Media & Marketing.

The company has accused Massachusetts AG Maura Healey and New York AG Eric Schneiderman of unlawfully using their powers to investigate whether the oil giant misled investors and the public by downplaying the impact of global warming. The company is seeking an injunction barring the attorneys general from demanding internal documents relating to climate change research and investor communications stretching back decades, according to the Androvett report.

“These investigations could have a potentially catastrophic effect on Exxon, based on the documents and information that have been made public so far,” says attorney Chris Hamilton of Dallas’ Standly Hamilton. “However, allowing a company that is the subject of investigations to take depositions of elected state officials regarding their motivations is highly unusual and problematic. What would happen if a criminal defendant sought the deposition of a district attorney regarding the motivation for prosecuting a case? The precedent for a court to allow this type of tactic is concerning.”

The judge’s order advised the officials to reserve Dec.13 for giving testimony in Dallas.

Skadden, Arps, Slate, Meagher & Flom’s Energy Regulation and Litigation Group has produced the fourth edition of the Skadden Energy Law Handbook, which includes a summary of recent developments.

On its website, the firm says the handbook contains 16 chapters covering a broad range of issues arising in the context of FERC, CFTC and antitrust regulation of the energy sector (e.g., market manipulation, merger review, electric reliability and open access transmission tariffs, among others).

The updates cover such topics as compliance programs, audits and investigations, criminal and civil penalties, FERC market manipulation enforcement, CFTC regulation, antitrust enforcement, reliability, affiliate rules, natural gas, false statements, and more.

Download the handbook.