Information governance (IG) is nearly impossible to achieve but is a goal worth pursuing to protect the privacy of sensitive data and ensure organizations can meet discovery requests, according to a panel at the LegalTech show in New York.

Teri Robinson, associate editor of SC Magazine reported on the panel discussion.

“To create a legally defensible IG strategy, companies must understand where information resides as well as who has the data, how to get at it and how quickly legal can get at it during discovery,” she wrote.

Read the article.

The New York Supreme Court ruled that the United Nations Convention on Contracts for the International Sale of Goods applied in a contract case in which the plaintiff claimed that the defendant had delivered a nonconforming product that caused $1.7 million in damages plus interest and costs to the plaintiff.

David Zaslowsky and Grant Hanessian of Baker & McKenzie wrote about the case on Lexology.com.

The court denied the majority of the defendant’s dismissal motion, finding the CISG “automatically” applies “when a transaction involves a sale of goods between parties whose places of business are in different countries and those countries are parties to the CISG.”

The case also involved the statute of limitations and the borrowing statute.

Read the article.

An activist organization Global Witness has released a report that says several New York real estate lawyers were caught on camera providing advice on how to move suspect money into the United States.

The New York Times writes that the report is the result of an undercover investigation carried out in 2014 by Global Witness, a nonprofit activist organization that has been pushing for stricter money-laundering rules.

The lawyers featured in the report include a recent president of the American Bar Association.

Read the article.

HSBC says it “successfully defended” an attack on its online banking system on Jan. 29 but services were disrupted on a key day for many people’s personal finances, reports The Guardian.

HSBC customers were locked out of internet banking for several hours after the company was targeted by online criminals in a denial of service attack.

The bank said it was working with the authorities to “pursue the criminals responsible.”

Read the article.

A New Jersey attorney accused of offering to represent female clients at a reduced rate in exchange for sexual favors was found dead in his vehicle Tuesday morning from an apparent self-inflicted gunshot wound to his chest, the Somerset County Prosecutor’s Office has confirmed.

A report on NJ.com says Richard P. Schubach, 58, of Stockton was arrested and charged Monday with three counts of fourth-degree criminal sexual contact after he allegedly propositioned a female undercover detective in a sting operation, according to a news release issued Monday.

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Sometimes rescission of a property purchase is better than suing for damages, which could limited to the difference between the price paid and the value of the property received, advises Khanh Tran on the blog of Continuing Education of the Bar ● California.

Although rescission makes particular sense when recouping the purchase price is more important than living in the house, it’s not always available, he writes. He advises checking to see if certain common grounds for rescission in the real property sales context apply.

Those grounds include mutual consent, mistake, fraud, failure of consideration, illegality and prejudice to public interest.

Read the article.

All bitcoin transactions are smart contracts, points out Chris DeRose on AmericanBanker.com. “Many institutions, which are increasingly exploring the use of blockchains for value settlement, have been similarly dabbling in the application and uses of smart-contract technology,” writes the community director of the Counterparty Foundation.

“Smart contract” essentially means “programmable money” or self-automated computer programs that can carry out the terms of any contract.

“The finer points of what programmable money is are still being worked out by enthusiasts, but most agree that it is a financial security held in escrow by a network that is routed to recipients based on future events, and computer code,” writes DeRose.

Read the article.

NBTY, Inc., a global leader in vitamins, nutritional supplements and sports and active nutrition, has announced that it has entered into a definitive agreement to sell its U.S. retail business, Vitamin World, to Centre Lane Partners. The deal will enable Vitamin World to operate as a stand-alone retail business. Today, there are 380 Vitamin World stores in the United States, Guam, the Virgin Islands and Puerto Rico.

Latham & Watkins LLP advised NBTY on the transaction with a Washington, DC-based team led by corporate partner David Dantzic and tax partner Andrea Ramezan-Jackson.  Advice was also provided on employee benefits, intellectual property, environmental and real estate matters.

NBTY is the owner of several of the most recognized brands in the marketplace, including:  Nature’s Bounty, Sundown Naturals, Osteo Bi-Flex, Solgar, MET-Rx, Pure Protein, Body Fortress, Puritan’s Pride, Holland & Barrett and many others.

Centre Lane Partners is a private investment firm with investments in North American middle market companies across a broad range of industries. Centre Lane targets companies with revenues between $20 million and $500 million that have leading market positions and sustainable competitive advantages in their respective niches.

“Vitamin World has a long history of meeting its customers’ wellness needs. For some time, it has been clear that it should be a stand-alone business with the right investment and resources tailored to a retail operation,” said Steve Cahillane, President and CEO of NBTY. “With the shift of NBTY’s focus in our US business to investing in and building our core brands, this sale of Vitamin World to Centre Lane Partners will ensure Vitamin World has the right investment and focus on its future as a stand-alone retail business,” Cahillane added.

Mayank Singh, a Managing Director at Centre Lane, said, “We are enthusiastic about working with the Vitamin World management team and employees to position the business for long term growth and success.  They have done a terrific job of making Vitamin World one of the leading specialty retailers of vitamins, minerals and supplements and we want to build on that foundation.”

“The Vitamin World employees are dedicated to helping our customers meet their wellness goals,” said Sue Gove, President of Vitamin World.  “We are excited to begin this new journey with Centre Lane Partners and to continue giving Vitamin World’s loyal customers the best products and service in the industry.”

Vitamin World began in 1976 with a kiosk in Williamsville, New York. Today, there are 380 Vitamin World stores in the United States, Guam, the Virgin Islands and Puerto Rico.

NBTY is a portfolio company of The Carlyle Group.

Latham & Watkins LLP acted as legal advisor and Lazard Middle Market LLC as the financial advisor to NBTY in connection with the transaction. Katten Muchin Rosenman acted as legal advisor and Alvarez & Marsal as the financial advisor to Centre Lane Partners in connection with the transaction.

Miller & Chevalier Chartered announced that the firm elected two new members. Michael J. Satin and Addy R. Schmitt practice in the areas of white collar defense and complex civil litigation.

“We are pleased to welcome Michael and Addy to the firm’s Membership,” said Anthony F. Shelley, Chair of Miller & Chevalier. “Both lawyers have made significant contributions to the success of the firm and to the Litigation department specifically. Their experience supports our strategic growth as they help to resolve matters on behalf of our global clients.”

The firm’s release continues:

Michael J. Satin’s practice focuses on white collar defense and complex civil litigation. He is an experienced trial lawyer who has been lead counsel in dozens of jury trials. He has also argued before the D.C. Circuit and the D.C. Court of Appeals. In addition to his trial and appellate work, Mr. Satin has conducted internal investigations into alleged violations of U.S. laws and regulations, including the False Claims Act (FCA) and the Foreign Corrupt Practices Act (FCPA). As a result of his core practice areas, Mr. Satin has particular experience advising clients in the complexities arising for clients who face potential parallel civil and criminal proceedings. Prior to joining Miller & Chevalier, Mr. Satin worked at the Public Defender Service for the District of Columbia (PDS), where he represented indigent defendants charged with serious criminal offenses. As the training director during his final three years at PDS, he designed and implemented a yearly ten-week training program for incoming attorneys. He continues to teach trial advocacy to practitioners and students. Satin holds a J.D., cum laude, from Cornell Law School and a B.A., magna cum laude, from Brown University.

Addy R. Schmitt practices in the areas of criminal and civil litigation. Before joining Miller & Chevalier, she served as an Assistant United States Attorney in the Civil Division of the U.S. Attorney’s Office for the District of Columbia, where she represented federal executive agencies and employees at all stages of litigation in matters pending before the U.S. District Court for the District of Columbia and the U.S. Court of Appeals for the District of Columbia Circuit. Schmitt also served as counsel and career law clerk to the Hon. Emmet G. Sullivan on the U.S. District Court for the District of Columbia and as a staff assistant in the office of Senator Edward M. Kennedy (D-MA), as well as a lobbyist for a large national non-profit organization. Schmitt teaches Criminal Trial Advocacy as an Adjunct Professor at American University Washington College of Law and is an active member of the local legal community, including serving on the U.S. District Court for the District of Columbia’s Committee on Grievances and chairing the Superior Court of the District of Columbia’s Magistrate Judge Advisory Merit Selection Panel. Schmitt holds a J.D., summa cum laude, from American University Washington College of Law and a B.A. from Georgetown University.

“Michael and Addy’s successful efforts on behalf of our clients make them wonderful additions to the firm’s Membership,” said Mark Rochon, Chair of the firm’s Litigation Department. “These two talented lawyers have specific experience in the various types of criminal and civil litigation matters that often entangle our clients.”

Fitch, Even, Tabin & Flannery LLP will hold a complimentary webinar, “So You Think You Know Patent Claims? Advanced Lessons in Patent Drafting and Analysis,” presented by Steven G. Parmelee and Allen E. Hoover. The webinar will take place on Thursday, Feb. 25, 2016, at 9 am PST / 10 am MST / 11 am CST / 12 noon EST.

The firm says that, even if you have practiced IP law for many years or are otherwise well-versed in what’s involved in patent drafting, you may be surprised by what you don’t know about patent claims.

Presenters will cover the following topics:
• The right and wrong way to use dependent claims to strengthen a patent
• How to avoid claim language that can impair the patent holder’s rights
• What you may not know about alternative claim language in patent claims

The firm says this webinar will be the first in an occasional series of “master classes” for experienced IP practitioners, patent owners, and others entrenched in the world of IP who already possess at least a basic understanding of patents and patent claims. It will be of interest to both those who analyze and litigate patents and those who draft patent applications.

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.

William (Bill) Regan has joined Hogan Lovells’ New York office as partner in the Litigation and Arbitration practice group.

Regan represents banks, issuers, and senior executives in securities class actions and banking litigation matters. He also advises clients on regulatory matters, including investigations and enforcement proceedings brought by the Securities and Exchange Commission and the Commodity Futures Trading Commission.

“Bill brings skills, energy, and experience that will contribute to the growth of our financial institutions and securities litigation offerings,” said Dennis Tracey, Head of Litigation for the Americas. “The addition of Bill to our practice is part of an ongoing growth trend in the demands of our global client base for strong U.S. securities and financial services expertise.”

“New York is a key jurisdiction for our clients in the securities sector, and the addition of Bill highlights our investment in strong talent” said Oliver Armas, Managing Partner of the firm’s New York office. “He will help us serve non-U.S. firms that trade on U.S. exchanges which require local counsel in New York as well as their own jurisdictions.”

Regan earned his J.D. from the George Washington University Law School, and his B.A. from Hofstra University.

Hall Estill of Oklahoma is expanding its oil and gas practice with the addition of Leah Rudnicki to the firm’s Oklahoma City office.

“Leah’s distinctive background as in-house counsel, leader of an oil and gas company and extensive litigation experience will further enhance our expanding oil and gas practice,” Michael D. Cooke, Hall Estill’s managing partner, said. “She will provide our clients valuable strategic business advice along with superb litigation counsel.”

Rudnicki, who was most recently a partner at Reed Smith in Houston, is an Oklahoma native who graduated from the University of Oklahoma College of Law in 2001.

“I have a long history with Hall Estill beginning in 1997 with a summer job while completing my undergraduate degree at the University of Oklahoma, and I’m grateful to be back,” Rudnicki said. “Hall Estill has a solid vision and robust strategy for the future, and I look forward to serving our clients on issues that are important to their business.”

Less than 10 years after law school, Leah was president of a private independent oil and gas operator with operations assets in Oklahoma and Texas. Under her management, the business grew from 17 operated wells in Oklahoma to nearly 300 operated wells in Oklahoma and Texas and from two to more than 30 employees.

In a release, Hall Estill said that, as a litigator in private practice, Rudnicki has represented, counseled and advised a diverse range of clients, from small independent businesses to Fortune 500 companies in various disputes in front of state courts, federal multi-district panels, arbitration panels, and local and federal administrative agencies. Most recently, her practice has focused on general advice, litigation, and dispute resolution for oil and gas clients, including, landowner/joint venture disputes, drilling in city limits, alleged breach of joint operating agreements and lease agreements, issues related to horizontal drilling, fracking and disposal wells (water pollution/earthquakes), and royalty/JIB accounting disputes.

Rudnicki previously worked as in-house litigation counsel for a Fortune 500 oil and gas services company. In this position, she advised the company’s corporate litigation department and health, safety, environment, and security departments on a wide range of issues, including responding to potential new regulations affecting the oil and gas service industry. She was instrumental in updating, implementing, and communicating internal policies, preparing a strategy for effectively managing a national toxic tort docket and assessing successor liability claims.

Ediscovery services and consulting company Lighthouse eDiscovery has announced the launch of its latest product, Lighthouse Navigate.

The company describes Navigate as a web-based dashboard and reporting tool that gives users on-demand visibility into important case information such as data volumes, cost savings and spend to date.

In a release, the company said:

Lighthouse’s new offering provides clients with the tools they need to make informed case decisions, improve budgeting accuracy, as well as implement and monitor effectiveness of cross-matter processes.

Lighthouse recognizes that centralizing and understanding metrics related to ediscovery is challenging due to the lack of transparency and uniformity of reporting both within and across matters. Monitoring trends and conducting evaluations of ediscovery process effectiveness can be hindered by disjointed and delayed receipt of project details. These issues make it difficult for case teams to monitor and forecast their ediscovery spend and labor efficiency across the EDRM, as well as reduce costs and improve project planning.

“Navigate addresses a gaping market need for an enterprise reporting solution that provides users with the ability to view and compare their data, as well as plan and forecast future spend and budgets,” said Chris Dahl, vice president of Product Development and Consulting at Lighthouse. “Having access to these insights empowers teams to access and share information that directly addresses their ediscovery program needs.”

Other features of Navigate are:

• Consolidation – Select any one or all matters to see metrics associated with spend, volume and data reduction figures at a glance.
• Configuration – Create, filter and save the combination of reports most relevant.
• Security – Set cascading security permissions to control which projects or types of information are available to each user.
• Mobility – Access project information from any web browser on any device.

Navigate will be available in Q1 exclusively to Lighthouse clients at no additional charge. For more information, contact info@lhediscovery.com.

The term “big data” as it relates to contract management generally refers to data that is so large or complex that it cannot be processed by any traditional means, ContractRoom says in an article published on its website.

New technology allows for the analysis of this big data and this is changing the way business is being done. This is because the information generated by the analysis is leading to greater operational efficiency, cost reduction and reduced risk.

The article addresses methods of handling and analyzing big data.

Read the article.

Andre Fiebig, a partner in Quarles & Brady LLP’s Business Law practice group, has recently published two books. He co-authored the fourth edition (2016) of one of the leading works on international antitrust: “Antitrust and American Business Abroad,” published by Thomson Reuters, and is the author of “EU Business Law,” published by the Business Law Section of the American Bar Association.

“Antitrust and American Business Abroad: (4th ed. 2016) builds upon the work of previous editions and discusses recent developments in the ever-changing world of international antitrust law. Divided in six parts, the result is a comprehensive look at the contemporary landscape of international antitrust that is grounded in historical context.

“EU Business Law” is an analysis and explanation of European Union business legal issues ranging from competition and antitrust law to electronic commerce and consumer protection.

Fiebig’s practice focuses on corporate and antitrust law with an emphasis on mergers and acquisitions, international joint ventures, and commercial law.

He is currently an adjunct professor at Northwestern University School of Law where he teaches Mergers & Acquisitions. Andre also teaches regularly at Bucerius Law School in Hamburg, Germany and Hong Kong University.

“I am happy to be able to provide American-based corporations with an understanding of international business issues, and share practical information on issues affecting companies that do business abroad,” said Fiebig.

Legal technology company Everlaw Inc. and legal services company DSi has announced a partnership to deliver full-service ediscovery.

In a release, Everlaw says the new offering provides clients with access to Everlaw’s advanced litigation software in conjunction with DSi’s expertise in consulting, collection, data processing, TAR 2.0 initiatives, project management, and workflow.

The release continues:

The integrated offering leverages the companies’ respective strengths:
● DSi is a litigation support services company that provides advanced ediscovery and digital forensics services. DSi’s highly trained staff helps law firms and corporations harness today’s most forward technology to gain a competitive advantage.
● Everlaw is a technology company that builds the software law firms and corporations use to gain that advantage. Everlaw’s eponymous litigation platform makes powerful capabilities easy to use – from search and assignments to TAR and case analytics.

The close alliance is a natural fit because of the similarities in the two providers’ priorities. Both companies strive to understand and prioritize user needs. This is manifest in Everlaw’s obsession with user experience and in DSi’s focus on the people in the ediscovery process. Both companies also saw significant growth in 2015.

“This partnership puts Everlaw’s technology into the hands of ediscovery experts who share our dedication to delivering an unparalleled user experience coupled with the most advanced technology,” said Everlaw CEO AJ Shankar. “We feel extremely fortunate to call DSi our premier partner in North America.”

“Everlaw is a great fit for DSi culturally – and we believe their commitment to providing the highest technological advances will vault them to be one of the leaders in the ediscovery space,” said DSi President John Burchfield.

Thomson Reuters has released a new product called eDiscovery Point, which the company says can transform the legal market with a faster and easier-to-use platform.

“eDiscovery Point gives legal professionals unprecedented control from processing through production,” the company says in a release. “The new platform combines Thomson Reuters robust power, security and service excellence with cutting-edge technology.”

“Our recent survey of the market found that 9 out of 10 legal professionals in this space felt there was room for improvement with their current solutions,” said Eric Laughlin, managing director of Legal Managed Services for Thomson Reuters. “They want access to ediscovery technology that is more intuitive, faster and more powerful. We reimagined the ediscovery process with eDiscovery Point, building a new platform from the ground up, incorporating feedback from our design partner firms and insights from our in-house managed review team, who have reviewed more than 125 million documents in just the past two years. The result is a tool that lawyers can walk up to and use, with the speed, accuracy and reliability you expect from Thomson Reuters.”

Read the release.

A lawyer for Sam and Dee Wyly said Thursday that the tax evasion and tax fraud case brought by the Internal Revenue Service in the Northern District of Texas is nothing more than “a bunch of sound bites” and allegations that are not based in federal tax law, reports The Dallas Morning News.

“The IRS’ lawyer countered that the evidence presented during the past four weeks of an unprecedented billion-dollar bankruptcy trial shows that the Wylys ‘never intended to pay taxes’ on the hundreds of millions of dollars they kept in offshore trusts on the Isle of Man,” the report continues.

The bankruptcy judge hearing the case is expected to take several weeks to rule in the complex bankruptcy trial in which the IRS accused Sam Wyly and Charles Wyly’s widow, Dee Wyly, of tax evasion and fraud and is seeking $2.2 billion in back taxes, fees and penalties.

Read the story.

Stephen Diaco, one of three lawyers accused of setting up a rival’s DUI arrest, was permanently disbarred Thursday by the Florida Supreme Court, reports The Tampa Tribune.

The case began with a civil lawsuit in which Diaco and two other lawyers represented a radio personality who was the defendant in a slander suit. “But during the trial, [the plaintiff’s] lawyer, C. Phillip Campbell, was arrested for DUI. The state bar accused the Diaco firm of orchestrating the arrest by having a paralegal ply Campbell with liquor and then trick him into moving her car when a friend on the Tampa Police Department was waiting to catch him,” The Tribune reports.

The two other lawyers remain temporarily suspended.

Read the article.

A federal jury in New Hampshire ordered Wal-Mart Stores Inc. to pay $31.22 million to a pharmacist who claimed she was fired because of her gender and in retaliation for complaining about safety conditions, Reuters reports.

Maureen McPadden claimed that Wal-Mart used her loss of a pharmacy key as a pretext for firing her in November 2012, when she was 47, after more than 13 years at the retailer.

“McPadden said she was fired in retaliation for her raising concerns that customers at the Wal-Mart store in Seabrook, New Hampshire, where she worked were getting prescriptions filled improperly because of inadequate staff training,” Reuters reports.

Read the article.