Exterro has published a new white paper that features e-discovery insights by Aaron Crews, Head of E-Discovery at Walmart, along with other e-discovery experts, on creating a defensible, yet cost-effective process.

The company says the complimentary white paper discusses how to leverage the recent FRCP amendments to save money, how to develop new e-discovery techniques that reduce e-discovery spend but keep your process “reasonable,” and how e-discovery search/collection/review technology should fit into your process.

Download the white paper.

On March 17, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a major proposal to revise the safety standards for onshore natural gas pipelines, reports Kevin A. Ewing of Bracewell LLP.

“The proposed rule follows years of study as well as specific direction from Congress requiring new pipeline safety initiatives. The proposal spans over 500 pages and contains numerous major and minor revisions and agency statements that together demonstrate PHMSA’s intention to assert substantially more control over the design, operation and maintenance of pipelines to prevent incidents,” he writes.

More pipelines would be subject to Integrity Management requirements if the rule is approved, he explains. “It would also expand the definition of regulated gathering lines, accelerate pipeline repairs, and set a higher bar for data gathering and analysis of risk, among other changes. The proposed rule does not address underground gas storage, valves and leak detection, or quality management systems.”

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Tom Monahan, the CEO of CEB, a multi-national best practice insight and technology company recently wrote an article in Fortune Magazine titled “Revving Up Your Corporate RPMs” that notes that, despite advances in technology, decision-making and change in the business world has actually slowed down in the last decade, writes ContractRoom on its blog.

His article offers these statistics:

• Hiring a new employee now takes 63 days on average – up from 42 in 2010;
• The average time to deliver an office IT project increased by more than a month from 2010 to 2015. It’s now over 10 months from start to delivery; and
• The time required for one company to sell something to another has risen 22% in the past five years.

in the article, Monahan suggests the reasons for this increase in corporate decision-making.

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Donald Trump is facing some tax and legal challenges that could complicate his bid for the White House, reports Bankrate.

“Citizens for Responsibility and Ethics in Washington, or CREW, has asked the IRS to look into a donation from the Trump Foundation to a group connected with the Florida attorney general. CREW contends that the gift was improperly made to a political group and was not reported as required on the foundation’s tax filing,” the article says.

The Donald J. Trump Foundation is a tax-exempt organization with an IRS 501(c)(3) designation.

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Photo by Jamelle Bouie

GOP presidential candiate Senator Ted Cruz angered American Muslims on Tuesday with a call to “patrol and secure Muslim neighborhoods” in the wake of the terrorist attacks in Brussels, reports The New York Times.

He said that some politicians had “tried to deny this enemy exists out of a combination of political correctness and fear.” And he added that Europeans were “seeing what comes of a toxic mix of migrants who have been infiltrated by terrorists and isolated, radical Muslim neighborhoods.”

“We need to empower law enforcement to patrol and secure Muslim neighborhoods before they become radicalized,” he said in a release

The Times reported that the comments drew immediate rebukes from Muslim groups. Last week, he came under fire after announcing a team of national security advisers that included Frank Gaffney Jr., a former Reagan administration official who is perhaps best known for holding extreme views about Islam.

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Bill Cosby’s criminal defense lawyer has admitted he hosted a fundraiser for a key witness in the comedian’s ongoing court battle in Pennsylvania, reports LawNewz. But it wasn’t illegal or shady in context, he claimed in court documents.

The report says attorney Brian McMonagle said he supported the failed 2015 reelection campaign of former Montgomery County District Attorney Bruce Castor with a March fundraiser. He personally donated $2,500 while others in his law firm put out at least $1,500.

“Castor had been District Attorney from 2000 to 2008, during which he investigated Andrea Constand’s claim that comedian Bill Cosby sexually assaulted her,” the site reports.

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Modern investigations turn on electronically stored evidence, which presents unique challenges both in finding critical information and scaling efforts to cull and analyze large volumes of data.

To help deal with these challenges, Recommind has prepared a new ebook titled Technology Assisted Investigation: A Quick Guide for Superior Fact-Finding.

Designed for lawyers, investigators, and compliance officers tasked with managing and executing internal and regulatory investigations, this eBook provides practical guidance on how to leverage strategic technologies to cut through data, find what matters faster, and deliver results on time and on budget, the company says.

Download the ebook.

A U.S. government agency says it has made a breakthrough in battery technology that could see it leapfrog the likes of Elon Musk and Bill Gates in the multi-billion-dollar race to build the next-generation system of energy storage, reports the World Economic Forum.

Ken Adams of Adams on Drafting writes that he has recommended that contract drafters not use in the terms of art condition precedent and condition subsequent. But drafters should be aware of the underlying concepts, he explains in a recent post on his site, considering the recent opinion in Total Recall Techs. v. Luckey.

He discusses the case, which involved the alleged breach of a confidentiality agreement, in that the nondisclosure and exclusivity provisions had never taken effect. He explains that obligations can use a dynamic verb (pay, sell, terminate) or they can use a stative verb (keep, maintain, preserve).

“Critiquing how courts interpret confusing contract language has its interest, but what’s more important to anyone drafting or reviewing contracts is how you avoid this sort of fight. In this case, it’s simple enough: with an obligation containing a stative verb, it would be clearer to replace an unless conditional clause with except that and an if conditional clause,” he writes.

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An article written by Jeremy Andrews and Talia Taylor of DLA Piper highlights the key points to consider whether you are looking to terminate a contract or challenging an attempt to terminate.

The paper covers topics such as reasons to terminate, contractual termination, termination at common law, repudiatory breach, election, anticipatory repudiatory breach, affirming the contract, terminating the contract, termination notice requirements, and practical points.

“Can I terminate my contract? Does the other party have a right to terminate? These appear to be simple questions, but termination of contracts is a complex area of law,” the authors write.

Read the article.

Gardere Wynne Sewell LLP announces that financial restructuring and reorganization partner John P. Melko was inducted by the American College of Bankruptcy as a Fellow in the 27th Class of the College.

Melko was among 31 professionals from across the country recognized by The American College of Bankruptcy for their professional excellence and exceptional contributions to the fields of bankruptcy and insolvency. Honorees reside in 19 states and two foreign countries. The induction took place on March 18 in Washington, D.C., at the Smithsonian Donald W. Reynolds Center for American Art and Portraiture.

“John represents the highest standard of professionalism in the legal industry as evidenced by his ongoing commitment to the enhancement of bankruptcy and insolvency law,” says Firm Vice Chair Eric Blumrosen. “We congratulate him on this prestigious recognition.”

In a release, the firm said Melko is a partner and chair of Gardere’s financial restructuring and reorganization practice group. His practice focuses on complex sales, acquisitions, bankruptcies and financings in the energy sector throughout the U.S., as well as shipping-related issues in both foreign and domestic cases and financings. Melko has years of cross-border and multinational experience with oil and gas exploration and production, refining and marketing, airlines, telecommunications, electric utilities, manufacturing, retail, rig and ship finance, mass torts and asset-backed securities.

“John is greatly respected by his clients and peers for not only his experience, but also for his character and integrity,” says Deirdre B. Ruckman, a partner in the Firm’s financial restructuring and reorganization practice and a Fellow of The American College of Bankruptcy. “He fully embodies these traits in his every day practice and is a great addition to the fellowship of The American College of Bankruptcy.”

Fellowship nominees undergo a rigorous nomination process and are extended an invitation to join based on a record of achievement. The American College of Bankruptcy now has 848 active Fellows, not including Class 27, each selected by a Board of Regents from among recommendations of the Circuit Admissions Council in each federal judicial circuit and specially appointed Committees for Judicial and Foreign Fellows.

The American College of Bankruptcy is an honorary professional and educational association of bankruptcy and insolvency professionals. The College sustains professional excellence and supports educational and pro bono efforts in local communities around the country. The fellowship includes commercial and consumer bankruptcy attorneys, insolvency accountants, turnaround and workout specialists, law professors, judges, government officials and others involved in the bankruptcy and insolvency community.

Kathleen McDonough, a former managing partner and general counsel at Segal McCambridge Singer & Mahoney, Ltd., has joined Wilson Elser’s Chicago office as a partner.

McDonough deals with corporate and transactional work and general litigation matters, including product liability, complex commercial litigation, class actions, employment and transportation cases.

“Kathleen is one of the sharpest, most accomplished attorneys I know,” shared Daniel J. McMahon, Wilson Elser chairman. “Her addition to the firm will bolster the practices and the quality service we provide our clients, and we expect Kathleen’s extraordinary leadership qualities and her experience managing a firm to benefit all aspects of the partnership.”

In a release, the firm said McDonough represents small to mid-size companies from a spectrum of industries, including retail, manufacturing, insurance and transportation, on a broad range of matters. She often serves as her clients’ outside general counsel, handling such matters as product liability and employment, negotiating sales agreements and vendor contracts.

“Kathleen is truly accomplished in many areas of the law,” explained Dave Holmes, regional managing partner of Wilson Elser’s Chicago office, “and the fact that her insured clients often retain her to represent them directly is a testament to the counsel she provides, her professionalism and her personality. People in business prefer to work with lawyers they trust and like.”

In 2012, she was featured in Chicago Lawyer Magazine’s “Women in Law,” which honors 15 attorneys who have made and continue to make an impact on the legal profession. She also was honored that year with the Chicago Kent College of Law Professional Achievement Award in recognition of her accomplishments and contributions to the school and the legal community. Other honors include recognition as an Illinois Leading Lawyer and selection for inclusion in Illinois Super Lawyers.

McDonough is involved in numerous professional and civic organizations, including the Chicago-Kent Board of Overseers, DRI, the Trucking Industry Defense Association and the Society of Women in Law, where she volunteers on the mentorship program. She also has provided pro bono counsel to disabled children in the reinstatement of Supplemental Social Security Income benefits through the Chicago Volunteer Legal Society.

McDonough graduated cum laude with her B.A. degree from Saint Mary’s College (1991) and earned her J.D. degree from the IIT Chicago-Kent College of Law (1994).

The firm has added almost 60 lateral hires firmwide over the past 15 months. In addition, the number of offices has expanded to 30 with new offices in Edwardsville, Illinois; Austin and Beaumont, Texas; and New Orleans, Louisiana.

A venture capitalist who worked for Sequoia Capital for almost 20 years and an exotic dancer who has filed claims of being used as a “sex  slave” are involved in a breach of contract suit that arose from an alleged agreement for the businessman to pay her $40 million to halt a personal injury suit.

Michael Goguen and exotic dancer Amber Baptiste met at a Dallas strip club, reports The Fort Worth Star-Telegram.

“Baptiste says Goguen sexually abused her for more than a decade and then reneged on an agreement to pay her $40 million to halt a personal injury lawsuit, according to her March 8 breach-of-contract lawsuit. Six days later, Goguen countersued saying the relationship was consensual and alleging that Baptiste tried to extort him because he declined to make a greater commitment to her,” the report says.

Sequoia Capital, where Goguen worked for almost 20 years, said Goguen’s departure from the firm “was the appropriate course of action.”

Read the article.

Derivatives themselves were likely at most a secondary cause of the Lehman’s collapse, and played a more central role in other firms caught up in the financial crisis, like AIG, writes Stephen Lubben of Seton Hall University School of Law. “But the late Harvey Miller suggested that derivatives were responsible for a massive loss in value suffered by Lehman post-bankruptcy. Bryan P. Marsal, the Lehman estate administrator, likewise asserted that as much as $75 billion in value was destroyed, largely as a result of the sudden termination of Lehman’s derivatives book,” he adds.

He has published a paper that suggests that the continuation of the safe harbors “as is” renders chapter 11 nonviable for larger financial institutions, and recent contractual attempts to work around the safe harbors are insufficient to solve the problem, while the increased role of clearinghouses in financial institution failures will force regulators to confront difficult choices.

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Corporate compliance could be in for some changes in 2016, based upon the events of 2015, forecasting increased self-policing, personal accountability for leaders, and physician arrangements as the top risk areas. The government is seeking major, if not radical, changes in compliance oversight, writes Don Quigley, retired Chief Legal Officer for an East Coast health system, on the blog of The Source.

“When health care providers commit or tolerate fraud and abuse in their delivery of services or billing for such services, the unfair and avoidable costs to the government, payors, and patients are enormous,” he says.

“All health systems and hospitals need compliance programs. The ACA-mandated CMS review of compliance currently under way will likely make them mandatory and the risks today do not justify delay. The more pertinent question is how organizations with existing programs need to review and revise them to be ‘effective,'” Quigley writes. “Governing boards have a variety of committee structures that have been effective; one model for compliance risk is not necessary.”

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Even though they are still largely theoretical, smart contracts are being hailed as a force that will disrupt a number of industries, write Mark Hines and Niklas Holmberg of Gowling WLG in a post on Lexology.com. However, only superficial attention has been paid to the impact smart contracts will have on contract law and the role of the law in determining where and how smart contracts will be used.

Their post provides an overview of smart contracts and how they work and identifies some of the areas of contract law that we expect will be the focus of jurisprudential change.

They explain smart contracts, blockchain technology, and the legal implications of smart contracts.

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“By paying those (legal) fees, wouldn’t you be rewarding and encouraging violence?” asked host George Stephanopoulos.

“No, no I didn’t say that. I haven’t looked at it yet, and nobody’s asked me to pay for fees, and somebody asked me a question and I haven’t even seen it, so I never said I was going to pay for fees,” the Republican front-runner said, at first denying what he has said both during a campaign rally and on Sunday during an interview, according to the report on CNN.

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WikiLeaks has debuted a new section on its website that allows visitors to search thousands of messages from the private email server Hillary Clinton used while secretary of state, reports The Washington Times.

“While the newly-launched portal does not host any previously unreleased correspondence, its format enables users to quickly scour the 50,547 pages of documents that have already been put out by the State Department all at once for key words and phrases,” the report says.

Emails previously released by the State Department show that some people close to Clinton were concerned after more than 200,000 diplomatic cables were shared with the secret-spilling group in 2010.

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Johnson & Johnson and its DePuy unit were ordered by a Texas federal jury on Thursday to pay about $500 million to five plaintiffs who said they were injured by Pinnacle metal-on-metal hip implants, Reuters reports.

Jurors deliberated for a week before finding that the Pinnacle hips were defectively designed, and that the companies failed to warn the public about their risks. The verdict at the conclusion of the two-month trial called for about $140 million in total compensatory damages and about $360 million in punitive damages.

A J&J spokeswoman said the company will appeal.

Mark Lanier of The Mark Lanier Law Firm, with offices in Houston, New York and Los Angeles, was lead trial counsel for the plaintiffs.

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A recently decided case from an Ohio Court of Appeals found that an employee handbook may create a contract as to the terms of employment, including an employee’s rate of pay and insurance coverage, absent a clear disclaimer to the contrary, according to an article by Michael C. Griffaton of Vorys, Sater, Seymour and Pease LLP.

“The Court explained that ’employment manuals may constitute binding contracts between employees and employers provided all necessary elements of an implied contract are present.’ Thus, an employee claiming the existence of an implied contract must prove offer, acceptance, consideration, and mutual assent,” he wrote.

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