Form left: Jenny L. Martinez, Donald E. Godwin and Bruce W. Bowman Jr.

Texas trial lawyer Donald E. Godwin has announced that Bruce W. Bowman Jr. and Jenny L. Martinez have become name shareholders in the newly rebranded trial law firm, Godwin Bowman & Martinez, which has offices in Dallas and Houston.

“Bruce and Jenny have distinguished themselves as outstanding trial lawyers, and are highly regarded for their tireless efforts and dedication to excellence on behalf of our clients,” says Chairman and CEO Donald E. Godwin, a founding member of the firm in 1980. “We are proud to recognize Bruce and Jenny in the rebranding of our firm as we continue our unwavering commitment to the success of our clients.”

Bowman serves as the firm’s Executive vice president and general counsel. Martinez is executive vice president and secretary/treasurer. Together they co-chair the firm’s commercial litigation section.

Bowman represents plaintiffs and defendants in many areas of commercial litigation, including securities, trade secret litigation, trust and estate litigation and professional liability. In a news release, the firm said he played a significant role in the firm’s successful defense of Halliburton during the historic Deepwater Horizon/BP Gulf of Mexico Oil Spill litigation as a member of the firm’s trial team.  Having been board certified in civil trial law by the Texas Board of Legal Specialization since 1978, he has been recognized for many years among the ranks of Texas Super Lawyers.  In addition, he is a longtime member of the prestigious American Board of Trial Advocates (ABOTA).

Martinez is a trial lawyer whose practice includes banking, trust and estate litigation, contracts, business torts, energy, and real estate.  A key member of the firm’s trial team in the successful defense of Halliburton in the landmark Deepwater Horizon/BP Gulf of Mexico Oil Spill litigation, she has been named multiple times to the list of Texas Super Lawyers, and to D Magazine’s list of the Best Lawyers in Dallas.

Mitratech, a provider of legal, compliance, and operational risk solutions, announced it has acquired Hitec Laboratories, which produces Governance, Risk, and Compliance (GRC), and Information Governance software.

In a release, Mitratech said the software can enable enterprises across the world to reduce risk and costs, increase efficiencies, and ensure compliance in an increasingly complex business environment.

The company’s news release continues:

Mitratech’s acquisition of Hitec is the company’s fifth in the past year and the second major acquisition in the rapidly growing GRC market. Following the acquisition of CMO Software in June, Mitratech is now able to offer the industry’s most comprehensive product portfolio focused on helping executives manage enterprise risk. Today’s acquisition of Hitec signifies a major shift within the industry, as organizations gain unmatched visibility, predictability and control through a total risk management solution.

“Risk is top of mind for CEOs and their leadership teams across the world,” said Mitratech CEO Jason Parkman. “Organizations are making significant investments in technology to ensure that the policies and processes required to proactively manage these risks and control costs are being consistently executed. The result is often a collection of data silos, disparate processes, and disconnected technology solutions that make it difficult for leaders to get a holistic view of their obligations, exposure, and opportunities. With the addition of Hitec’s innovative products and market expertise, Mitratech is uniquely positioned as the global player in the market to bring all of the capabilities across legal, compliance, and operational risk together in an end-to-end software platform.”

As a combined organization Mitratech’s clients include an impressive global network of more than 1,200 corporations and 12,000 law firms with over 25% of clients in EMEA and APAC. With over 400 employees and operations in North America, Europe, and Australia, Mitratech has as many employees outside of the US today as it had in the US just a few short years ago.

“Over the past four years, Hitec has experienced exceptional growth due to our innovative technology solutions and our increasing focus on regulated businesses, but we have now reached a point where we realize that in order for the business to continue its trajectory, we need a bigger platform to achieve our goals,” said Jeremy Crame, Hitec CEO & Founder. “The acquisition by Mitratech will provide us with a wider market reach and increased investment, while Mitratech will benefit from our proven solutions, impressive client base, and dedicated team.”

Mitratech can now offer a comprehensive total risk management portfolio focused on helping executives manage enterprise risk. The combination of Hitec and CMO Software’s compliance and operational risk management products with Mitratech’s legal risk management platforms will give corporations unmatched visibility, predictability and control in managing risks across the enterprise.

The financial terms of the deal are not being disclosed.

Lowenstein Sandler has been recognized for a fifth year by Working Mother and Flex-Time Lawyers as one of 50 Best Law Firms for Women as a leader in the industry for its best practices in retaining and promoting women lawyers.

In a news release, the firm said its support of flexible schedules and time away from the office, telecommuting privileges, generous leave policies and parenting perks, along with full-time work demands that take into account work-life balance are just a few of the perks that make Lowenstein Sandler a prominent place for women to work. “We are proud to be recognized for our continued commitment to the professional advancement of women in the legal industry” says Donatella Verrico, Chief Human Resources Officer.

Adds Chairman and Managing Partner Gary M. Wingens, “Lowenstein Sandler has long been committed to supporting women in the legal workplace dating back to our founder Alan Lowenstein, a social justice pioneer, who was deeply devoted to creating a positive environment for colleagues of all backgrounds and experiences. We’re honored to receive this recognition for the fifth time.”

A group of 12 prominent corporate executives and financial leaders recently a discussion of common-sense principles companies and boards of directors can use to follow the best practices of corporate governance.

The leaders included Warren Buffett, CEO of Berkshire Hathaway, and Jamie Dimon, CEO of JPMorgan Chase & Co. Others were chief executives of General Electric, General Motors, Verizon, BlackRock, Vanguard, and more.

Topics include the independence and diversity of corporate boards, breaking away from the obsession with quarterly financial forecasts, accounting standards, and engagement between a company and its shareholders.

“Their stated goal was to offer a set of recommendations on which they found common ground, in the hope of promoting further conversation on corporate governance and ultimately stimulating economic growth,” as described by The New York Times. “Indeed, the principles appear premised on the crucial, if understated, connection between effective corporate governance and economic prosperity. In that regard, they reflect the frustration that governance-based debate among investors, corporate leaders and other stakeholders has failed to produce the kind of change needed to support economic strength.”

Download the principles.

Data and technology management company eTERA Consulting has announced the addition of two new team members. Joining the eTERA team are Zach Paro, Project Manager, and Tracy Marshall, Senior ESI Specialist.

The company’s news release continues:

As Project Manager, Paro will coordinate and oversee client projects across the Electronic Discovery Reference Model (EDRM) which will include collections, processing, hosting, review and production. Paro will serve as the single point of contact for clients and will pull from nearly a decade of experience to ensure their expectations are exceeded. Previously, Paro worked as a Project Manager for a large eDiscovery consulting firm and looks forward to working with eTERA as the company continues its upward growth trajectory. Paro graduated with a B.A. in English and Literature from the University of Minnesota at Twin Cities.

Bringing more than a decade of experience, Marshall joins eTERA as a Senior ESI Specialist. Earlier in her career, Marshall developed the LAW PreDiscovery (LAW) software training certification and has trained more than 1,000 legal professionals in the software. Marshall will process client data with LAW, while maintaining workflows, evaluating projects and working with the project management team to ensure a quality and accurate deliverable for the client. She will manage project tracking sheets and record processing metrics in addition to creating reports and maintaining quality control. In her previous role, she was an EDD Project Manager at a major technology consulting firm.  Marshall received her A.A.S. as a Legal Assistant from the Nebraska College of Business at Omaha and her B.S. in Human Resource Management from Bellevue University.

“Bringing Zach and Tracy on board will allow our existing team to focus on developing new, innovative solutions to address client roadblocks and needs,” said eTERA’s Managing Director of Global Operations, Jerry Drew.  “Zach and Tracy will play a key role in further progressing the level of service and support we provide to our clients, especially as we grow our service offerings and expand into new markets. We certainly look forward to what is to come.”

Practical Law will present a complimentary webinar on 409A and 457 regulations proposed by the Internal Revenue Service.

The webinar will be Tuesday, August 9, at 1 p.m. EDT.

On June 21, 2016 the IRS simultaneously issued proposed regulations under Sections 409A and 457 of the Internal Revenue Code, Practical Law says on its website. The proposed Section 409A regulations clarify a number of issues under existing Section 409A regulations. The long-awaited proposed Section 457 regulations prescribe rules for the taxation of deferred compensation arrangements of state or local governments or other tax-exempt organizations. Both sets of proposed rules provide enhanced flexibility in certain areas. Practical Law’s free webinar will include an overview of these proposed rules and address practical implications for employers and practitioners.

Presenters:
Daniel L. Hogans, Principal, Groom Law Group, Chartered
Jeffrey W. Kroh, Principal, Groom Law Group, Chartered
David W. Powell, Principal, Groom Law Group, Chartered

Moderator:
Jessica Cherry, Senior Legal Editor, Practical Law Employee Benefits & Executive Compensation

A brief Q&A session will follow.

Register for the webinar.

Apple Inc. has asked the U.S. Supreme Court to clear the way for the iPhone maker to secure hundreds of millions in damages from Samsung Electronics Co Ltd in a case over smartphone design patents, Reuters is reporting.

The feud over smartphone patents dates back to 2011, when Apple sued Samsung in a northern California court alleging infringement of the iPhone’s patents, designs and trademarked appearance.

“In its legal brief on Friday, Apple said Samsung had not provided evidence to support its argument that design patent damages should be decided on one component of a smartphone, rather than the entire product,” reports Dan Levine for Reuters. “Apple said there was no need for the Supreme Court to send the case back to a lower court for further proceedings.”

Samsung is facing a judgment of $548 million, of which $399 million involves design patents.

Read the article.

“While each crisis is unique, proper preparation can stabilize the situation and mitigate potential liability and damages,” the firm says. “A particular area of focus should be the preparation of an incident investigation report – when to prepare a report, who should prepare a report, how the report should be prepared and what may happen with the report in subsequent litigation.”

Watch the on-demand video.

A California appellate court closely parsed the language in an arbitration clause and reversed an order compelling arbitration of a dispute between a lawyer and his client-turned-business-partner, reports Karen Rubin in Thompson Hine’s blog, The Law for Lawyers Today.

She writes that the lawyer must now defend against a $1.5 million claim based on malpractice and breach of the operating agreement that he had drafted in connection with his real estate venture with the former client.

“Of course, it is no news that a case can turn on contract interpretation,” Rubin writes. “But this one emphasizes the small drafting choices that can send a case to a full-blown jury trial or keep it in arbitration.  That’s of special concern to lawyers and their clients at the front end of a relationship — pre-dispute agreements to arbitrate are increasingly included in retainer agreements.”

Read the article.

The Economist asks a straight-forward question about a new relatively contract technology: If smart contracts can be made to work, how automated should business ultimately become?

The article discusses the history of smart contracts since the term was coined in 1994, through the recent debacle of Ethereum’s “Decentralised Autonomous Organisations” venture capital fund that was hacked to the tune of $50 million.

“So far, IT has mainly replaced paper processes,”the article says. “Smart contracts mean a different order of automation: economic transactions are put on auto-pilot. True believers want them to do away entirely with intermediaries, from banks to governments. But they should be careful what they wish for. If smart contracts spread widely, you would take away much of the flexibility that smooths the economy’s functioning. Real-world institutions can adjust when things go wrong. For many years to come, and perhaps for ever, human institutions, flawed though they are, will be a smarter bet than relentless, bug-ridden code.”

Read the article.

An article written by Deborah H. Share for Porzio, Bromberg & Newman‘s Employment Law Monthly reports that employers cannot contract with employees to reduce limitations periods for discrimination claims, according to a recent New Jersey Supreme Court decision.

According to the facts of the suit as presented to the court, a job applicant signed an application form that included language that appeared to waive any statute of limitation in the filing of a lawsuit against the employer. The language limited the applicant to a deadline of six months from the date of any alleged employment action that was the subject of a suit.

Share’s article detailed the court’s reasoning and listed and discussed three recommendations for employers to consider: remove such waivers from applications, shore up all processes related to employee terminations, and consider other useful tools for employers in this area.

Read the article.

Image by Mike Mozart

Sports Authority’s creditors and the Justice Department have challenged the fading retailer’s plans to pay top executives as much as $2.85 million in bankruptcy bonuses, according to a Dow Jones Newswires report in The Denver Post.

Sports Authority once operated 460 athletic-gear but filed for bankruptcy protection and began going-out-of-business sales in an effort to pay its debts. As the liquidation entered its final weeks, Sports Authority unveiled plans for bonuses for four unnamed top executives.

“The bonus money is needed to encourage the executives to do their best in the company’s final days, according to Sports Authority’s lawyers. Confidentiality is appropriate to protect morale, and prevent competitors from using the pay data to lure Sports Authority’s leaders away, the company contends,” the report says.

Read the article.

The U.S. watchdog for consumer finances unveiled on Thursday a proposal to toughen regulation of the multibillion-dollar debt collection industry, with a focus on keeping agencies from pushing people to pay debts they do not owe, informing borrowers of their rights and cutting down on calls to debtors, according to a Reuters report.

Industry advocates expressed concerns about the costs of complying with the suggested requirements, which they warned could be passed on to borrowers or force some of the thousands of small collection firms to shutter. “Those pushing for consumer rights said the proposal left major holes in borrower protections and did not go far enough,” wrote Reuters’ Lisa Lambert.

She also reported that the proposal covers third-party collectors and debt-buyers. The CFPB will address first-party collectors and creditors, such as banks with their own collection departments, in the future.

Read the article.

A 20-year-old woman is being sued by a Houston law firm after she wrote negative reviews of the firm on Facebook and Yelp, according to a report in the Houston Chronicle.

Lan Cai, who had been injured in a serious auto accident, says the lawyers in the Law Offices of Tuan A. Khuu and Associates failed to work with her after she hired them, so she vented her frustration online which spurred the law firm to sue her.

According to the Chronicle, she posted on Facebook, “…they came to my house and into my room to talk to me when I was sleeping in my underwear. Seriously, it’s super unprofessional! After that I found someone else to switch to… I came in the office to meet with my previous attorney, but he literally ran off… So please DON’T waste your time…”

Keith Nguyen, an attorney with Tuan A. Khuu, said what Cai posted online isn’t true but wouldn’t explain what was false about it, reports Will Axford.

The firm is seeking $100,000 to $200,000 in damages, according to reports.

Read the article.

Although Theranos’s history — which includes several administrative penalties for the troubled blood-testing company — has received an outsize amount of media attention, its experience with regulatory agencies highlights several important issues for start-up and emerging health care entities, writes Robert E. Wanerman in Epstein Becker & Green‘s Health Law Advisor blog.

He discusses four major questions raised in this type of case, with these headings: What Do Regulators Want?, What Do Health Care Providers and Payors Want?, Who Is Investing in the Venture?, and Who’s on Board?

On the first point, he wrote that “even in an environment that encourages innovation, health care organizations must understand the scope of regulatory oversight at the federal and state levels, and the range of remedies available to regulators for noncompliance. Every organization should also have a protocol in place for responding to regulatory inquiries or inspections.”

Read the article.

Gibson, Dunn & Crutcher has posted an on-demand video discussing substantive litigation issues that tend to arise in a contentious bankruptcy, where many parties are fighting over a limited pool of assets — such as claims for breach of fiduciary duty, equitable subordination, and avoidance of fraudulent transfers, as well as litigation that arises in the context of plan confirmation.

The firm says the video covers some procedural tactics that have enabled parties to position themselves favorably among the various players in bankruptcy litigation.

“In light of the tumult in the junk bond market, the gyrations in the stock market, and other storm clouds on the global economic horizons, companies that face refinancing of their debt in 2016 and 2017 may find themselves restructuring through bankruptcy in Chapter 11,” the firm says on its website. “Creditors will face off for their respective piece of the restructured company, leading to specialized and fast-paced litigation.”

Watch the video.

Neal, Gerber & Eisenberg LLP has been recognized with two honors recently: of the 50 best law firms for women  and one of the top Illinois law firms for lesbian, gay, bisexual and transgender (LGBT) inclusiveness and equality.

For the eighth consecutive year, the firm has been included on Working Mother and Flex-Time Lawyers’ list of the 50 best law firms for women in recognition of the firm’s commitment to retaining and promoting women lawyers.

This annual list recognizes law firms that implement family friendly policies and promote career development initiatives that help retain women attorneys and advance them into the leadership pipeline.

The firm was praised for hiring consultants that helped the firm identify and eradicate gender bias in the workplace. The firm was also commended for launching coaching and business development initiatives for female partners, and offering a flexible work schedule that permitted a third of the firm’s women attorneys to work reduced hours in 2015.

“We’re very proud to once again be recognized by Working Mother and Flex-Time Lawyers for our commitment to women,” said Patricia S. Cain, partner and co-chair of the firm’s Women’s Network. “The firm works hard to support female attorneys in what can be a difficult profession. We firmly believe that doing so not only benefits our colleagues, but significantly benefits our clients as well.”

Neal Gerber Eisenberg’s Women’s Network looks to address the unique needs of women in the workplace through a variety of venues, including lunch-and-learn programs, networking and social events, a parent mentoring program, and a policy group focused on advocacy issues important to women’s professional success. The firm encourages women to attain leadership roles at the firm and consistently seeks innovative solutions to the unique issues impacting women in the workplace.

In June of this year, Leah A. Schleicher, partner in the Real Estate practice group, represented the firm in the inaugural Women in Law Hackathon, a Shark Tank-style pitch competition aimed at generating new and effective ideas to close the gender gap in law firms.

Neal Gerber Eisenberg and other firms included on the list will be honored at the Best Law Firms for Women Gala Awards Luncheon on September 21.

LGBT Award

The firm also has again been honored as one of the top Illinois law firms for lesbian, gay, bisexual and transgender (LGBT) inclusiveness and equality by Equality Illinois. The firm has received this distinction each year since 2006.

“Neal Gerber Eisenberg is proud to once again be recognized by Equality Illinois as one of the top Illinois law firms for LGBT inclusiveness and equality,” said Scott J. Fisher, firm managing partner. “As we celebrate our 30th anniversary, I am proud that we continue to focus on maintaining a culture of equality and inclusion to support our LGBT attorneys and staff, and to promote creativity, opportunity and professional development throughout the firm to better serve our clients.”

Equality Illinois, the state’s oldest and largest organization advocating for LGBT equality, conducts an annual survey to identify the top Illinois law firms for providing a welcoming and fair work environment for LGBT employees, and engaging with the LGBT community.

The firm is a member of the Lesbian and Gay Bar Association of Chicago, regularly supports various law student organizations, including OUTLaw, is an annual sponsor of Equality Illinois’ Justice for All Gala as well as various Lambda Legal events, and participates in the National LGBT Bar Association’s Lavender Law Conference and LGBT Legal Expo.

Neal Gerber Eisenberg and other recognized firms were honored at the “Raising the Bar” breakfast on July 26, which featured U.S. District Court Judge Staci M. Yandle, the first openly LGBT judge in the Seventh Circuit and the first African-American District Judge in the Southern District of Illinois. The firm was also included in the Equality Illinois publication “Raising the Bar: Law Firms Leading the Way to LGBT Equality.” This publication highlights top firms, publicizes the survey findings, and includes recommendations for firms seeking to increase their workplace diversity and equality.

Texas lawyers Andy Taylor and George Hittner have joined forces in the new Texas-based law firm TaylorHittner.

In a release, the firm said it will assist political and business clients with litigation, appeals and interactions with local, state and federal governments, including providing expertise in complex commercial litigation, election law matters and general counsel services. In addition to the firm’s Houston office, both attorneys will be available by appointment in Austin, Brenham and La Grange.

“Our firm is designed to handle litigation, appeals and the legal issues that exist at the intersection of business, public interest and government. Our varied experience in and out of government will serve our clients well,” says Taylor, a troubleshooter for Republican and business causes around the state, including several high-profile victories against the City of Houston.

Taylor is a former first assistant attorney general for the state of Texas and former partner at the firm now known as Locke Lord. Named by Texas Monthly as “one of the 25 most powerful people in Texas politics,” he is a veteran of numerous high-profile cases, including two he personally argued before the U.S. Supreme Court.

“TaylorHittner has the experience businesses need when dealing with government issues, and we also provide small and mid-sized businesses with savvy, efficiently managed general counsel services,” says Hittner, who previously worked as general counsel, corporate secretary and senior vice president for governmental relations at Arizona-based American Traffic Solutions Inc., a market leader in traffic enforcement safety equipment.

Hittner has managed hundreds of lawsuits, including several cases that were favorably resolved by state supreme courts and federal courts of appeal, the release says. He previously worked as a White House appointee to the U.S. Department of Labor and as an associate at Haynes and Boone in Houston, where he also ran for city council.

The two are joined by associate Amanda Peterson. The release says other lawyers will be added.

Image by NY Photographic

Barbara E. Hoey and Dustin E. Stark of Kelley Drye’s Labor and Employment group have a warning for New York employers – your non-compete agreements may be under attack.

In an article published on the firm’s Labor Day blog, the authors wrote that the office of the state’s attorney general recently reached settlements with two companies that require each to stop requiring incoming employees to sign non-compete agreements.

“The settlements clearly send a signal that the New York AG is critical of employers who require low-level employees to sign non-competes as a condition of employment. These agreements were never favored by New York courts, and this may be the time to re-think the broad use of such contracts,” according to the report.

“The take-away here is that if your company requires that all (or a large number of) employees sign non-compete agreements, you should re-examine this process. For one, a non-compete signed by a ‘low-level’ employee may not be enforceable anyway. Second, you do not want to wind up to be the next subject of an AG investigation,” they write.

Read the article.

The firms of Loewinsohn Flegle Deary LLP and Simon, Ray & Winikka LLP have merged to become Dallas-based Loewinsohn Flegle Deary Simon LLP. The 15-lawyer firm works in high-stakes and employment law litigation, business disputes, bankruptcy claims, and general counsel services.

“It’s not every day that you see two firms with our capabilities teaming up, which is why the media and other lawyers are taking notice,” says name partner Craig Simon.

The release from the firm continues:

In The Dallas Morning News, name partner Alan Loewinsohn is noted for his prior work in high-profile cases involving professional athletes Shaquille O’Neal and Hakeem Olajuwon and others. The complete article is available online at dallasnews.com.

Mr. Loewinsohn spoke with Texas Lawyer about how the merger discussions began in early 2016 with the goal of expanding combined services for clients in various industries.Read the full article HERE.

The Dallas Business Journal quoted Mr. Simon about the unique capabilities that Loewinsohn Flegle Deary Simon brings to every case: “There are very few, if any, firms of our size that can provide the broad and deep knowledge and track record in the courtroom and through negotiation that we bring to the table,” he told the publication in the article you can read HERE.

Loewinsohn Flegle Deary Simon LLP is a business-friendly law firm based in Dallas. The firm’s attorneys represent both plaintiff and defense clients from various industries in a wide variety of matters inside and outside the courtroom, including business disputes, employment law, bankruptcy litigation and business restructuring, product liability, and general counsel services, among others.