Before entering into a construction contract, consider how force majeure events are evolving in today’s world, advise Jonathan Massell and David A. Senter of Nexsen Pruet on the firm’s website.

“In construction contracts, force majeure clauses include events such as “riots” and “acts of war” but courts have found that acts of terrorism did not fit those descriptions,” they write. “After the September 11th attacks, clauses utilizing “acts of terrorism” became more common, but courts have not directly interpreted the phrase and it has not been scrutinized judicially.”

Read the article.

Strasburger & Price attorney Kathryne “Kate” M. Morris has earned the ANSI-accredited Certified Information Privacy Professional/United States (CIPP/US) credential through the International Association of Privacy Professionals (IAPP). Morris earned the credential based on successfully passing the IAPP comprehensive examination covering privacy and data protection laws and practices in the United States, including how to respond in the event of a data breach.

Privacy professionals play an increasingly important role in today’s data-driven global economy. In a release, the firm said Morris’ knowledge in this area will allow her to assist Strasburger clients manage rapidly evolving privacy threats and mitigate the potential loss and misuse of information assets.

Morris is an associate in the firm’s Intellectual Property and Litigation practice groups. Her practice focuses on the areas of technology, e-commerce, privacy and data security. She regularly advises clients from a variety of commercial sectors, including retail and finance, in all aspects of technology transactions, the collection, use, disclosure, retention and destruction of data, and eDiscovery. Additionally, Morris’ practice includes disputes over copyrights and trademarks, software licensing, breach of contract and fraud, among other issues and claims.

The IAPP is the first organization to publicly establish standards in professional education and testing for privacy and data protection. IAPP privacy certification is internationally recognized as a reputable, independent program that professionals seek and employers demand. Although more than 8,000 professionals worldwide currently hold one or more IAPP certifications, very few attorneys hold this important credential.

Developed and launched by the IAPP with leading subject matter experts, the CIPP is the world’s first broad-based global privacy and data protection credentialing program. The CIPP/US demonstrates a strong foundation in U.S. private-sector privacy laws and regulations and understanding of the legal requirements for the responsible transfer of sensitive personal data to/from the U.S., the EU and other jurisdictions.

Beck Redden associate Joshua D. Lee received news that he passed the bar on Friday, April 29, 2016, was sworn in on May 2 and almost immediately used his new license to help a veteran avoid eviction.

Lee volunteered at the Houston Bar Association’s Veterans Legal Initiative Clinic, and consulted with a veteran who had a bench trial set for the morning of May 3, whereby he was to be evicted from his rental home. The veteran participates in a program through which the government pays a significant portion towards his rent each month for the remainder of this life; however, he would become ineligible to continue receiving funds with an eviction on his record.

Read the article.

Quyen Truong, former assistant director and deputy general counsel of the Consumer Financial Protection Bureau (CFPB), has joined Stroock & Stroock & Lavan LLP as a partner in the firm’s Washington, DC office.

Truong, a member of the firm’s national Financial Services/Class Action Practice Group, was instrumental in building the new federal agency while implementing the Dodd-Frank Act for finance reform, the firm says in a release. Among other responsibilities, she advised leadership on analysis of consumer financial laws, oversaw review of all enforcement actions and responded to legal challenges to the agency.

“Quyen’s proven track record bridging the technical complexities of financial reforms and their regulatory implications will complement our already prominent Financial Services/Class Action practice and enhance our ability to provide high level strategy and counsel to our clients,” stated Julia Strickland, chair of the Financial Services/Class Action Practice Group and a member of the firm’s Executive Committee.  “We are thrilled that she chose Stroock when she decided to return to the private legal sector.”

While at the CFPB from 2012-2016, Truong was instrumental in helping the Bureau to define the scope of its authorities and develop a new regulatory and enforcement framework for the financial industry.  As a senior leader at the CFPB, she represented the Bureau on the inter-agency Financial Stability Oversight Council (FSOC), managed enterprise risks, and coordinated activities with the Department of Justice, Federal Trade Commission, and banking regulators in high stakes litigation, regulatory and oversight proceedings.  As head of litigation, she also directed the CFPB’s amicus program to advance the agency’s policy and legal interpretations in private litigation.

“Stroock to me epitomizes an ideal law firm in which to work with the financial industry, because of the high quality of its lawyers, their focus on this industry, and their close relationships with market leaders,” says Truong.  “The firm and its clients share my belief that doing right by customers is crucial to achieving business success. I am confident that as we continue to build the practice, we will advance both business and consumer interests.”

Prior to joining the CFPB, Truong served at the Federal Deposit Insurance Corporation (FDIC) as risk management and litigation counsel where she oversaw the investigation and litigation of claims of regulatory violation, fraud, officer/director and other professional liability, following the financial crisis.  In addition, she has held public and private positions with Dow Lohnes PLLC, the Federal Communications Commission (FCC), Howrey LLP and Mayer Brown LLP.

“Quyen’s unique government background, coupled with her 25 years of regulatory policy, compliance and litigation experience adds significant value for our market-leading financial services clients,” noted Alan M. Klinger, Stroock’s co-managing partner.  “We embrace every opportunity to grow our Washington, DC office through highly talented and skilled legal leaders from the government sector.”

Truong received her J.D. from Yale Law School where she was a John M. Olin Fellow in Law, Economics & Public Policy, and her B.A. from Yale University, summa cum laude and Phi Beta Kappa.

Exari, a provider of cloud-based contract lifecycle management solutions, has announced the release of its Contract Risk Playbook: Risks Hiding in Plain View, an advanced guide for Corporate Boards and Senior Executives.

Contract risk is a board level issue that has been difficult to quantify, Exari says on its website. Understanding contract risk requires a comprehensive business plan to capture, organize, analyze and improve the contract management process across the entire enterprise. By understanding the rights and obligations contained in contract assets, board directors and executives can better determine the underlying risk profile of their firm. As a result, they can take definitive action to reduce risk and improve long-term sustainability.

The Contract Risk Playbook breaks down the risks for Boards and Executives who lack control over monitoring their contracts. The playbook gives step by step guidance on how to assess contractual risk from an enterprise level, take action and move forward proactively.

Exari says firms often lack the right tools and processes for managing contractual relationships, which can result in major risks, such as regulatory compliance and expensive outside legal costs. Risk exposures need to be managed proactively at an enterprise level in order to reduce risk and improve operational excellence before a crisis emerges. Most companies store contracts electronically but are unable to understand the relationship between contract terms across all their contracts.

Download the playbook.

Global law firm Greenberg Traurig, LLP’s Global Gaming Group co-chairs Martha A. Sabol and Mark A. Clayton will participate in this year’s International Gaming Summit. The conference will take place May 31-June 2 at the Westin Dragonara Resort in St. Julian’s, Malta. The summit brings together leaders from all global gaming sectors to meet and discuss the top issues and challenges facing gaming today.

The International Association of Gaming Advisors (IAGA) is hosting the summit with the Gaming Regulators European Forum (GREF), marking the first time IAGA and GREF have hosted a joint conference together.

Sabol is the current president of IAGA, and will make opening remarks and preside over the President’s dinner.

“The summit’s focus will be on the international gaming industry as a whole,” Sabol said. “Among other topics, we will discuss the convergence of land-based casinos, lotteries, and online gaming.”

Sabol added, “The joint conference provides members of IAGA and GREF with the unique opportunity to network and discuss important matters affecting the international gaming industry.”

Clayton will moderate a panel on social gaming, e-sports, and fantasy sports. He will also participate in the GLI University Regulations Seminar.

Additionally, Howard Stutz, strategic development manager of the Las Vegas office, will moderate a panel on gaming development in the Americas.

About Greenberg Traurig Las Vegas

In Nevada, Greenberg Traurig counsels clients in appellate, construction, corporate and securities, entertainment, gaming, government law & policy, intellectual property, litigation, and real estate matters.

About Greenberg Traurig’s Global Gaming Group

Greenberg Traurig’s Global Gaming Group focuses on not only casino operations, but also addresses lotteries, pari-mutuel wagering, charitable gaming, tribal gaming, and Internet gaming, where permitted by law. Members of the group have varied backgrounds and are located throughout the firm’s offices, allowing them to assist gaming clients in this highly regulated industry across multiple U.S. jurisdictions and internationally. The group’s focus includes the representation of casino owners, operators and executives, gaming manufacturers and suppliers, private equity firms and investment banks on gaming related matters.

About Greenberg Traurig, LLP

Greenberg Traurig, LLP is an international, multi-practice law firm with approximately 1,900 attorneys serving clients from 38 offices in the United States, Latin America, Europe, Asia, and the Middle East. The firm is No. 1 on the 2015 Law360 Most Charitable Firms list, third largest in the U.S. on the 2015 Law360 400, Top 20 on the 2015 Am Law Global 100, and among the 2015 BTI Brand Elite. More information at: www.gtlaw.com.

Fitch, Even, Tabin & Flannery LLP will host a complimentary webinar, “The Defend Trade Secrets Act: A Federal Remedy at Last,” presented by Thomas F. Lebens. The webinar will take place on Wednesday, May 25, 2016, at 9 am PDT / 10 MDT / 11 am CDT / 12 noon EDT.

Congress recently passed the Defend Trade Secrets Act, and with President Obama’s expected signature, a federal civil remedy for trade secret misappropriation will become law, Fitch, Even says on its website. The bill will mean a shake-up for U.S. trade secrets law, which for years has been protected by a patchwork of state laws under various enactments of the Uniform Trade Secrets Act. A single federal statute would move us toward applying the law uniformly nationwide, and trade secret claims could be filed in federal court. The new law, however, will not completely replace state trade secrets law, but will coexist with it. Protections for trade secrets will be more on balance with those available to patents, copyrights, and trademarks.

The webinar will address these major provisions of the Defend Trade Secrets Act:

• Ex parte seizure of property to prevent dissemination of trade secrets
• Preemption of state law prohibiting restraints on employment
• Whistleblower protections for reporting trade secret misappropriation
• Enhanced damages

CLE credit has been approved for California and Illinois and is pending in Nebraska. Other states may also award CLE credit upon attendee request.

Following the live event, a recording of the webinar will be available to view for one year at fitcheven.com.

Register for the webinar.

Practical Law will present a webinar discussing best practices for Section 337 patent litigation and current hot topics at the International Trade Commission (ITC), such as standard essential patents and the Commission’s jurisdiction over electronic data importations.

The 75-minute event will be Tuesday, May 10, 1-2:25 p.m. EDT.

Commencing a patent infringement investigation at the International ITC under Section 337 of the Tariff Act of 1930 is a powerful weapon in a patent owner’s arsenal, Practical Law says on its website. Section 337 patent infringement investigations offer several advantages over patent litigation in federal district court, including swift resolution of disputes and broad availability of injunctive relief. However, Section 337 investigations also have potential risks, including substantial litigation costs and discovery requirements.

The webinar will feature (i) Charles Schill, a partner at Steptoe & Johnson LLP who has handled more than 130 unfair trade practice Section 337 investigations, and (ii) former ITC Administrative Law Judge Robert Rogers, who held 20 hearings during his tenure resulting in 17 Final Initial Decisions.

A short Q&A session will follow.

Presenters:
Charles F. Schill, Partner, Steptoe & Johnson: Charles focuses his practice on the intersection of international trade and intellectual property law. He has handled more than 130 unfair trade practice cases under Section 337 of the Tariff Act at the ITC, and has won or favorably settled almost all of them. He previously served as a Senior Staff Attorney in the Office of Legal Services and the Office of General Counsel at the ITC.

Robert K. Rogers, Jr., Attorney at Law: An attorney for 39 years, Mr. Rogers was an Administrative Law Judge for 19 years, including 5 years as an ALJ at the U.S. International Trade Commission. He was assigned more than 55 cases, held 20 hearings, issued 17 Final Initial Decisions, 2 TEO Decisions, and concluded one case by summary determination. Mr. Rogers has extensive experience in litigation related to patents and trade secrets, and his experience spans a breadth of industries, issues, and forums, which provides him the ability to effectively assist litigants in reaching settlement of patent and trade secret matters.

Register for the webinar.

The National Association of Corporate Directors (NACD) has published for download “How to Ensure Organizational Resiliency,” a featured article in the latest issue of NACD Directorship magazine.

The article explores what directors think boards can do to ensure a company’s survival — despite high rates of business failure.

NACD Directorship magazine, a leading source of boardroom intelligence and corporate governance information for board directors, is an exclusive benefit of NACD membership, but General Counsel News readers are invited to download a complimentary copy.

Download the article.

Results of a study released by the American Bar Association show that 70 percent of the 39,984 graduates of the 205 ABA-accredited law schools last year now have full-time, long-term employment in positions that require or prefer a JD.

“Among the class of 2015, 1.7 percent had solo practices, 40.7 percent worked for law firms and 14.6 percent had ‘business & industry’ positions, 11.6 percent worked in government, 4.7 percent had public interest jobs, 8.4 percent were doing clerkships and 1.6 percent reported education positions,” the ABA reported. “Almost 9.7 percent — 3,871 graduates — were unemployed and seeking employment.”

Read the article.

Kristen Jarvis Johnson, 33, says she “encountered blatant gender discrimination, sexual harassment, and a very clear glass ceiling” as she climbed the ladder as a $400,000 a year senior associate at Squire Patton Boggs, in its Qatar office.

As a story in The Washington Post put it, “she had enough of being one of the few women in the upper ranks of her white-shoe law firm. She’d had enough of hitting or exceeding all her targets and being told she didn’t need a bonus. She’d had enough of being told she had to work harder after advising on a case in between contractions as she was in labor.”

So she left the firm.

A Squire Patton spokesman said that 13 of the 29 lawyers promoted to partner globally this year were women, and during the period when Johnson was in Doha, the firm had four partners in the office, two of whom were women.

Read the article.

The U.S. Supreme Court has rejected a challenge by business groups to Seattle’s law raising its minimum wage to $15 an hour, a move echoed by other locales, in a case focusing on how the ordinance affected local franchises like McDonald’s, reports Reuters.

The high court action left intact a lower court ruling backing the measure.

Reuters says supporters of the wage raise see the ruling as a defeat for “the big business lobby” that has taken aim at minimum wage hikes.

Read the article.

In a new on-demand video, TK Kerstetter, host of “Inside America’s Boardrooms,” reviews three areas where many boards can improve their performance and effectiveness. Topics include board composition & leadership, board evaluations, and shareholder engagement.

Kerstetter also discusses PwC’s recent Annual Corporate Directors Survey, which reported that 39 percent of directors feel that at least one fellow board member should be replaced.

Ty Francis, EVP & Group Publisher of the Ethisphere Institute, joins in the discussion.

Watch the video.

As a result of the passage of the Dodd-Frank Act in 2010, the use of mandatory pre-dispute arbitration in consumer transactions has become tenuous, according to an article written by Maurice Shevin for Sirote & Permutt, PC.

He explains that the Consumer Financial Protection Bureau was instructed by law to study and evaluate the effect of such mandatory clauses, and it has been doing so almost since its inception.

“The CFPB holds yet another public forum on the subject in May. I won’t be surprised to see a Proposed Rule come out of this hearing that announces the intent of the CFPB to suppress the use of mandatory arbitration. If the CFPB stays true to form, it will give creditors a period of time to comply with any Rule that it may adopt, Shevin writes.”

Read the article.

Blockchain-based smart contracts have enormous potential to streamline financial transactions and reduce the counterparty risk associated with monitoring or enforcing contractual obligations, write Nicolette Kost De Sevres, Bart Chilton and Bradley Cohen in an article published on the website of DLA Piper.

“Although the blockchain was developed to facilitate cryptocurrency transactions, entrepreneurs are now developing the technology for use in smart contracts,” the explain. “To develop a smart contract, the terms that make up a traditional contract are coded and uploaded to the blockchain, producing a decentralized smart contract that does not rely on a third party for recordkeeping or enforcement. Contractual clauses are automatically executed when pre-programed conditions are satisfied. This eliminates any ambiguity regarding the terms of the agreement and any disagreement concerning the existence of external dependencies.”

Read the article.

By Keli Johnson Swan
Scott & Scott LLP

Companies with complex corporate structures sometimes encounter difficulties with properly licensing software for all of the related entities, affiliates, and subsidiaries, even if a software asset management program is in place. Even if a company purchases all necessary licenses for its affiliates or subsidiaries, it is possible that a software publisher may make a claim of copyright infringement if the license agreement does not allow sharing or transferring licenses between entities. Even when companies have central procurement departments to acquire and license software, there are still potential risks.

Some software license agreement terms specifically prohibit sharing software across entities without permission from the publisher. For example, Autodesk’s current License and Services Agreement specifically prevents a company from sharing licenses with subsidiaries and affiliates. Other software publishers’ license agreements contain similar provisions.

If a company needs to have the ability to share licenses across legal entities, the company must review the software license agreement and determine whether the company may share licenses between its affiliates. If not, the next step is to negotiate the language for affiliates and subsidiaries into the appropriate license or services agreement.

Companies that enter into more complex agreements with software publishers potentially have the bargaining power to specifically define the “customer” or “licensee” to include affiliates, joint ventures, and subsidiaries. The definitions section of a license agreement is very important in determining whether the company may share licenses.

Additionally, it is important to identify whether any geographical restrictions prevent licensing sharing between other entities. Some software is restricted for use in the territory it was purchased, which may be problematic for global corporations.

Although many software vendors now offer services for software asset management, it is important to consult with legal counsel experienced in technology and software licensing to navigate complex licensing agreements.

The national law firm of Quarles & Brady LLP has announced that BTI Consulting Group has named it one of the best firms delivering alternative fee arrangements (AFAs). Out of the 650 firms surveyed, 22 firms received this honor.

According to BTI Consulting Group, “top legal decision makers credit their new love of AFAs to improved client focus, predictability in budgets, a more streamlined approach to the work, and the savings—which remain well in the double digits. Clients using AFAs report savings of 13.9% in 2015 compared to 14.4% in 2013. These savings effectively add $2.7 million to the average client’s legal budget.” On April 28, the results were published in Law360.

“The firm strives to provide the absolute best legal counsel at a price that is right for our clients,” said firm chair Kimberly Leach Johnson. “We are proud to be listed as one of the top firms at developing and delivering AFAs.”

To view BTI Consulting Group’s report, click here.

Atlanta-based LabMD was a successful company that tested blood, urine, and tissue samples for urologists, and had about 30 employees and $4 million in annual sales. Then one day in 2008, the company’s general manager received a phone call from a man who claimed to be in possession of a file containing LabMD patient information, including more than 9,000 Social Security numbers, reports Bloomberg.

Then came the sales pitch: His company, Tiversa, offered an investigative service that could identify the source and severity of the breach that had exposed this data and stop any further spread of sensitive information — at a cost of about $38,000. After some back-and-forth, LabMD told Tiversa to direct all communication through its lawyers. Then the Federal Trade Commission came calling.

LabMD’s woes could end up finishing off the once-promising business.

Read the article.

The 5th U.S. Circuit Court of Appeals has affirmed a lower-court decision declining to broaden additional insured coverage afforded under a commercial general liability policy to energy operator Apache Corporation to contractual liabilities assumed by energy service provider Linear Controls, Inc., writes David J. Saltaformaggio of Phelps Dunbar.

The 5th Circuit “found that Apache was specifically named as an additional insured, not a named insured, and only named insureds are entitled to contractual liability coverage under a commercial general liability policy,” according to the article. “In so doing, the Fifth Circuit dismissed Apache’s arguments that the scope of its additional insured coverage should be expanded to include its named insured’s contractual obligations.”

Read the article.

Most companies take more than a month to go from the initial “handshake” with a customer to a signed contract because they rely on manual tools, according to a survey conducted by SpringCM, a contract management solution for Salesforce customers. The second annual State of Contract Management report is the result of a survey of more than 800 professionals on their contract management processes and challenges.

The report, conducted last month, found:

• 74 percent of respondents’ contract processes are not automated;
• 85 percent attach contracts to emails, where they can be lost or the wrong versions used;
• More than four in 10 keep contracts on shared drives, increasing security risks, and;
• 68 percent said human error affects their contract processes “very often.”

The report findings also highlight the need for visibility to speed up the contract process and increase revenue. In fact, 49 percent of respondents said that a transparent contract process would assist in reporting and predicting revenue.

“Our research found the contract process typically lasts weeks – and for large enterprises, it can be months – and involves multiple departments, increasing the chances for mistakes that can cause even more delays,” said Greg Buchholz, CEO of SpringCM. “But if companies can shorten the time it takes for contracts to get signed, then the closing cycle decreases, revenue increases, cash flow accelerates and risks are reduced. In one case, a customer took their contracts process from two weeks to two days.”

Contract management software automates the contract process while providing visibility to each stage of the contract lifecycle to improve coordination between sales and legal teams. In the State of Contract Management report, 40 percent of respondents said implementing a contract management tool has saved their companies money.

“The real key is the advantage of eliminating sales reps from heavy involvement in the process.  Sales leadership wants their revenue generators finding and closing the next deal, not spending their time involved in the back and forth between inside counsel, customer counsel, and procurement departments,” Buchholz said. “If a company can cut the time sales teams waste getting contracts signed, then they can do more prospecting and selling, and the company has a better chance of hitting its revenue goals.”

More information and a free download of the State of Contract Management Report are available here.