Chinese companies are increasingly seeking out and paying for intellectual property via licensing agreements with American companies, writes Dan Harris in the Above the Law blog. He lists eight tips to assist American companies looking to secure royalty payments by licensing their IP to Chinese companies.

The list starts with “Protect your IP by registering it,” “Protect your reputation,” and “Be clear about payment.”

It continues with more suggestions, ending with “Choose the right jurisdiction and law for disputes” and “Register the license agreement.”

Each tip comes with a discussion.

Read the article.

Microsystems announces the promotion of David Cook to the position of Vice President, Product Development, succeeding newly-appointed CEO Stacey Kacek in the position as the leader of the Downers Grove, Ill.-based software company’s product team.

Cook, who joined Microsystems in 2013 as the Director of Software Development, has worked with Kacek at three different companies, each time joining when Kacek recruited him. Cook’s background includes escalating positions in consulting, software development, and engineering with Andersen Consulting, IBM, Motorola, SmartSignal, and GE.

Kacek said this of the appointment: “David enables us to innovate fast. When I arrived at Microsystems in 2013 as VP of Product Development and CTO, I knew I had much to do accelerate our pace of product development to match the rapidly-changing needs of the markets we serve. David was the first person I called. Together we were able to implement rapid changes in our methodologies to agile development, and make large changes in our staffing models, and from there, our product roadmap. As the leader of our product development team, he will continue to expand the efforts we started together and continue to ensure our products truly deliver the value our customers demand.”

The Microsystems product lineup currently includes four software solutions to assist document-intensive businesses such as the legal, life sciences, and financial verticals: DocXtools; EagleEye; Patent Companion; and 3BClean. These products meet the complex demands associated with all aspects of the document production life cycle—authoring, review, proofreading, editing, and distribution. Cook, working with Kacek has driven broad innovation efforts into Microsystems product lineup, expanding existing products, launching new product efforts, and into supporting mobile and cloud computing.

About Microsystems:
Microsystems has provided cutting-edge software and innovative document technology solutions since 1995. Its products help companies worldwide mitigate risk, improve authoring, create error-free documents, and enhance document production efficiency. Today, Microsystems supports more than 650 document-intensive organizations across the globe, helping them satisfy the complex demands of clients and regulators.

Gardere Wynne Sewell LLP announces that attorney and Texas State Rep. Jason Villalba has joined the firm as a corporate partner in the Dallas office.

Villalba, who joins Gardere from Haynes and Boone LLP, brings more than a decade of experience representing clients in a wide array of corporate transactions, including mergers, acquisitions and divestitures of public, private and middle-market companies; venture capital and private equity financing transactions; and transactions involving emerging growth and technology companies, the firm said in a release. In addition, Villalba has experience representing clients in public and private securities offerings under the Securities Act of 1933, as well as public company corporate compliance under the Securities Exchange Act of 1934.

“An important part of Villalba’s practice includes his work with the Texas Legislature. He currently serves as the state representative for House District 114, where he focuses on key issues facing all Texans – education, water, transportation and public safety,” the release says. “Since taking office in 2013, Mr. Villalba has been committed to working with colleagues on both sides of the aisle to find consensus and pass legislation that benefits Texans and positively affects the future of the state. As a result, in his first session as a legislator, seven of the 10 bills he proposed were signed into law, and in his second session, he passed an additional 10 bills – with none vetoed by the governor.”

“Through Jason’s service in the Texas Legislature, he has developed a unique understanding of the business and regulatory needs facing our clients,” said Gardere Chair Holland N. O’Neil. “He is well-known in our market and very well-respected. We are excited to welcome him to the Firm.”

Last year, the Republican State Leadership Committee named Villalba to serve as an executive committee member of the Future Majority Caucus, an initiative to create a long-term, sustained commitment of significant contributions of time and resources to support and elect minorities to state offices. He is the immediate past vice-chair of the Dallas County Republican Party, a member of the board of directors of Dallas Mayor Mike Rawlings’ Grow South Fund, and a member of the development committee of the Dallas Zoo.

A fourth-generation Texan, Villalba credits his parents for teaching him the value of hard work, integrity, academic achievement and personal responsibility. The first in his family to graduate from college, Villalba worked his way through Baylor University where he studied economics and finance. He went on to earn his law degree at the University of Texas School of Law.

“I am excited about the opportunity to work with the team at Gardere,” said Mr. Villalba. “The Firm’s commitment to providing world-class legal services is matched only by the exceptional quality of the lawyers who call Gardere home. It is both an honor and a privilege for me to be able to continue my legal career with such a capable and well-respected group of counselors.”

Villalba joins Gardere‘s corporate practice, which focuses on sophisticated transactions across a wide variety of industries throughout the United States, Mexico and beyond. The team is known for its work with entrepreneurs and among middle-market companies, both public and private, particularly within the technology and energy sectors.

Gardere Wynne Sewell LLP, an Am Law 200 firm founded in 1909 and one of the Southwest’s largest full-service law firms, has offices in Austin, Dallas, Houston and Mexico City. Gardere provides legal services to private and public companies and individuals in the areas of corporate, energy, environmental, financial restructuring and reorganization, financial services, government affairs, hospitality, insurance, intellectual property, international, labor and employment, litigation, private equity, real estate and tax.

Payoneer will present a complimentary webinar on the key components that a business needs to make up a risk and compliance program.

The webinar, titled “Risky Business? The Top 4 Risks that Online Marketplaces Must Consider and How to Address Them,” will be Wednesday, July 15, beginning at 1 p.m. Eastern time.

“This webinar is a must-watch for finance, legal, risk and compliance professionals from all types of online marketplaces, regardless of the products or services you sell.” Payoneer says on its website.

The event will cover:

• The key elements of strategic, reputational, fraud and compliance risk and why they are important to every online marketplace
• The legal requirements that apply to online marketplaces of all sizes, whether you’re starting out or already leading your category
• How do you build a risk management program that keeps your marketplace safe and allows you to focus on growing globally
• Your essential checklist when making sure your payment provider has a risk and compliance program

Two of the industry’s leading experts with experience in building risk and compliance programs for marketplaces in the freelance, ecommerce, travel and other verticals will be available for a live Q&A session.

Register for the webinar.

Hogan Lovells has announced that Maria Boyce, Jennifer Smith and Cristina Rodriguez will be joining the Litigation and Arbitration practice group as partners in the firm’s Houston office.

“As Houstonians with global practices and perspectives, Maria, Jennifer, and Cristina are the kind of market leaders who will add to our diverse, collaborative, and client-centered team,” said Stephen Immelt, CEO of Hogan Lovells. “Houston is critical for many of our energy clients in Texas and international clients in Latin America and beyond. We welcome Maria, Jennifer, and Cristina and the ability they bring to serve clients in this important market.”

Boyce, Smith, and Rodriguez join Hogan Lovells from Baker Botts. A Senior Litigation Partner who served three terms on the firm’s Executive Committee, Boyce previously served as partner-in-charge of the Houston office and head of the Houston office litigation department. Smith, who is a Qualified Solicitor in England and Wales, in addition to being licensed in Texas, assisted in opening the Baker Botts London office and spent eight years of her career there. She has also served on the firm’s Executive Committee, and has served as Deputy Chair of the Firm wide Litigation Department for seven years. Rodriguez was a founding member of the firm’s diversity committee and head of the professional liability practice group, as well as the former Hiring Partner of the Houston office.

“We are excited to be joining Hogan Lovells. The firm’s dynamic global platform fits perfectly with our practices and offers unique opportunities for our clients,” said Rodriguez. “Hogan Lovells has a diverse culture and a strong commitment to Houston, which is ideal for our group and our clients.”

“Not only are Maria, Jennifer, and Cristina first chair trial lawyers at the vanguard of dispute resolution in the 21st century, they are leaders in the Houston community,” said Bruce Oakley, managing partner of the firm’s Houston Office, in a release. “We could not be more pleased with this transformational step in the growth of our Houston office.” The release continues:

About the Lawyers

Maria Boyce: A highly respected and experienced trial lawyer, Boyce focuses on complex commercial litigation and intellectual property litigation. She has tried fraud, contract, patent infringement, trade secrets, and products liability cases within the energy and technology sectors to juries throughout the United States. She earned a B.A. cum laude from Connecticut College and a J.D. from Northwestern University School of Law.

Jennifer Smith: Smith concentrates her practice on complex international arbitration and international dispute resolution. She is a Qualified Solicitor in England and Wales and, having spent eight years of her career in London, she brings a great deal of experience in resolution of cross-border disputes arising out of international contracts in many industries, including energy, petrochemicals, shipping and technology. Smith is ranked in Chambers Global and is praised for her “‘intellect and technical understanding of the issues that are at the forefront of the energy industry.” She earned a B.A magna cum laude from Wellesley College and a J.D. with honors from The University of Texas School of Law.

Cristina Rodriguez: Rodriguez has built a strong practice in professional liability, employment, commercial and securities litigation both in state and federal courts. Her practice includes internal investigations and labor and employment counseling. Fluent in Spanish, Cristina has represented businesses that operate in Mexico, South America and Central America. She earned a B.A. summa cum laude from the University of Miami and a J.D. cum laude from Harvard Law School.

About Hogan Lovells

Hogan Lovells is a leading global legal practice providing business-oriented legal advice and high-quality service across its exceptional breadth of practices to clients around the world.

“Hogan Lovells” or the “firm” is an international legal practice that includes Hogan Lovells US LLP and Hogan Lovells International LLP. For more information, see www.hoganlovells.com.

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Exari presents an on-demand complimentary webinar about how contract visibility will give you the answers to the questions your CEO should be asking.

In a release, Exari said:

The Hub is all about getting organized.

Imagine your CEO comes to you with a question about which contracts carry the most risk. Or asks you to prepare for an M&A event that afternoon. Pretty scary, right?

In this 45-minute live webinar, Exari Co-Founder and Chief Product Officer, Jamie Wodetzki, explain the ins and outs of the Hub and what it could mean for your business.

Because not knowing how to respond to the CEO is scary. But not knowing what’s in your contracts is even scarier.

The presenter is Jamie Wodetzki, Co-Founder and Chief Product Officer at Exari.

Watch the on-demand webinar.

A Colorado oilman must pay $16.8 million to reimburse energy companies for legal fees they incurred defending his unsuccessful lawsuits against them, a federal judge in Wyoming has ordered, according to a report in The Casper Star-Tribune.

The defendant, Jack Grynberg, filed scores of lawsuits against natural gas and pipeline companies around the West in the late 1990s.

“Grynberg claimed the companies had underreported energy production from federal lands by billions of dollars and claimed he was due a share of the funds as a whistleblower under the federal False Claims Act.” the newspaper reported. “He stood to collect up to 30 percent of any award, but said he intended to donate proceeds to charity if he was successful.”

Casper lawyer Tom Reese is liaison counsel for the energy companies.

Read the article.

The Texas Supreme Court recently issued a decision in a compression cost case impacting the natural gas production industry in the case of Kachina Pipeline Co., Inc. v. Michael D. Lillis, reports The National Law Review.

The ruling focused closely on the contract language finding that a natural gas transporter could not deduct compression costs and was not entitled to a five-year extension based on the terms of the agreement.

“The Texas Supreme Court affirmed the court of appeals’ judgment reiterating several contract law principles, including (1) in construing a contract, the four corners rule applies and the contract must be examined as whole to ascertain the parties true intent and (2) extrinsic evidence can only be used if a contract is ambiguous.” the Law Review reported.

Read the article.

Scott & Scott, LLP, a boutique technology law firm in Southlake, Texas, has been named best Technology Law Firm in the United States by Finance Monthly.

The Finance Monthly Law Awards 2015 recognizes law firms and legal professionals who have outperformed their peers through dedication to client service and work undertaken within the past year.

“We are honored to be recognized again by the voters for this award. We have been focusing exclusively on technology law matters for over a decade and it is great to have our subspecialty recognized on a global level,” said Robert J. Scott, Managing Partner of the firm, in a release.

Scott & Scott, LLP is counsel to some of the world’s largest corporations, including PepsiCo, American Express, and Xerox. The firm has achieved “go-to” status for software licensing transactions and disputes involving the major software publishers including Microsoft, Adobe, Oracle and Autodesk. “We have handled more than 600 software disputes in the last 11 years for clients in the U.S.A. and Canada and we are not afraid to go to court against the software Goliaths like Microsoft and Adobe,” Scott said.

Scott & Scott, LLP is a leading intellectual property and technology law firm representing businesses in matters involving software licensing. Scott & Scott, LLP’s legal and technology professionals provide software audit defense and software compliance solutions, all protected by attorney-client and work-product privileges.

An article by Stephen M. Proctor of Masuda Funai illustrates the balance courts strike between the policy that disfavors perpetual contracts versus the policy that allows parties freedom of contract. Courts will strike down perpetual contracts but will allow parties to restrict their ability to terminate an agreement.

The article discusses the case of Burford v. Accounting Practice Sales, Inc. and Gary Holmes, which was decided recently in the 7th U.S. Circuit Court of Appeals.

The ruling shows that a party to a contract can limit its ability to terminate a contract except on specified conditions or specified causes, the article says.

Read the article.

Archer Norris has published a first-of-its-kind California Business Litigation White Paper revealing that many corporate lawyers view California’s litigation environment as hostile, characterizing it as “burdensome,” “complex,” and “cumbersome.” While California was once widely considered by corporations to be the Promised Land because of the unlimited economic opportunity the state offered, its increasingly oppressive legal and regulatory environment means it is now getting panned by many businesses.

Conducted in partnership with ALM Marketing Services, Archer Norris’s survey polled general and corporate counsel with business interests in California on their opinions of the California legal climate, how they evaluate litigation matters, and how they choose outside counsel for handling these matters.

Compared to other states, corporate counsel reported three practice areas in California as particularly fraught with risk and potential liability: employment litigation (67%), environment/regulatory matters (59%), and commercial litigation (43%), with the first two most negatively impacting their decision to conduct business in the state. Other factors giving them pause about doing business in California include its judicial system (43%), state and local taxes (42%), environmental regulations (34%), and health and safety codes (30%).

Given their feelings about litigating in California – four in ten indicated they are simply “resigned” to the cost of doing business in the state – many corporate counsel indicated they struggle in deciding whether to settle cases or proceed to court. Forty percent of respondents were required to make such a call on ten or more matters within the last year. Counsel most often assessed the short-term odds of success in court versus reaching a favorable settlement (73%), followed by considerations of their legal exposure or the dollar value of a potential settlement (72%).

“As a law firm that has maintained a singular focus on helping businesses meet the unique challenges and opportunities in California for 35 years, we can’t say we’re surprised by these findings,” said Gene Blackard, Managing Partner. “In fact, we owe our continued growth and success to our ability to efficiently guide clients through California’s increasingly complex legal terrain. We have strategically developed our practices to meet the diverse litigation and transactional needs of companies doing business in the state, maintain offices in key geographic regions, and offer creative alternative fee arrangements to every one of our clients.”

The survey also yielded insights about how in-house counsel evaluate which outside counsel offer the right mix of skills and experience to handle the challenging California litigation environment. At the onset of a legal engagement, the most important factors include law firm responsiveness, knowledge of the business and industry, and overall litigation costs.

To download the Business Litigation Playbook white paper, please visit: http://www.archernorris.com/Templates/media/files/AN-Business-Litigation-Playbook-0615.pdf

About Archer Norris

A leading California law firm, Archer Norris PLC has more than 100 attorneys admitted to practice in 15 states. The firm focuses on business law from five strategically located California offices in San Francisco, Sacramento, Walnut Creek, Newport Beach and Los Angeles. Archer Norris counsels clients in commercial and complex litigation, insurance coverage, bad faith litigation, business, health care, public entity, environmental, and real estate transactions throughout California and wherever our clients need us.

The Oil & Gas Journal will present its annual Midyear Forecast, a special report that uses first-half data to update projections that appeared in OGJ’s Annual Forecast and Review this past January.

The webinar will be on Friday, July 10, at 10 a.m. Central time.

Both reports project oil and gas markets through the end of the year worldwide, analyze demand product by product in the United States, and forecast drilling activity in the United States and Canada. The webcast also will discuss political developments important to the oil and gas industry.

Presenters will be OGJ Editor Bob Tippee and Senior Economics Editor Conglin Xu. They will summarize projections in key categories, note important changes from January’s forecasts, and examine reasons for the adjustments.

Register for the webinar.

Some of the most boilerplate-looking provisions in contracts are often the most onerous, writes Josh M. Leavitt of Much Shelist, P.C.

He gives an example of how indemnity clauses qualify: an indemnifying party (such as a contractor) could find itself owing the indemnified party (such as an owner and its architect) substantial reimbursements and defense costs (including even provision of an attorney) for the defense of third-party claims (such as the claim of a supplier). “This could happen where the indemnifying party (the contractor) was only alleged to have been partially at fault — and even where the contractor may not have been at fault at all.”

He writes that it is important for indemnitors (those giving indemnity rights) and indemnitees (those receiving indemnity rights) to understand the risks involved with these clauses.

Read the white paper.

Mintz Levin has published an article on the proper approach to hiring and negotiation of an employment contract.

The article, written by Jennifer Rubin, points out the similarities between divorce law and employment practice. “Two parties meet (the interview), they realize how many things they have in common (the job requirements and qualifications), and then they fall in love and get married (the job offer and acceptance).”

“There is no doubt that the best time to negotiate the employment terms that are key to a termination is before you ‘walk down the aisle’,” she writes. “While it might seem both counterintuitive, counterproductive and even unromantic to focus on the end of the relationship at the beginning, it is just good business to be practical about a relationship’s end.”

Read the article.

The standards for walkway safety have changed – and the way slip and fall lawsuits are going to change with them, reports The Expert Institute.

The Institute has produced a white paper that outlines crucial updates made by the (ANSI) B101 committee on safety requirements for slip, trip, and fall requirements, and how they will impact defendant liability in more than half of all slip and fall claims.

The information in this whitepaper will help readers:

• Use new testing standards to prove defendant liability
• Select better slip and fall cases
• Understand how these new standards will affect your practice

Download the white paper.

National law firm Wilson Elser announces that Jeffrey C. Hart has joined the firm’s Detroit Metro office in Livonia, Michigan, as of counsel. Prior to joining Wilson Elser, Hart was of counsel with Segal McCambridge Singer & Mahoney.

Hart litigates employment, complex commercial, product liability, medical malpractice, transportation, general liability, professional liability and workers’ compensation matters.

An accomplished attorney with more than 280 cases tried before various administrative agencies, judges and juries, Hart represents Fortune 500 companies, cities, universities, hospitals, physicians groups and individuals in civil and criminal matters.

“Jeff is a welcome addition to our Metro Detroit office,” said John Eads, regional managing partner of the office, in a release. “His experience representing clients across a broad spectrum of practices and industries adds tremendous value to the counsel we provide our clients and to our office – one of the firm’s newest. The clients who accompany Jeff will benefit from his role as their one point of contact for Wilson Elser’s national, full-service platform.”

Hart believes in staying abreast of the most recent developments in the legal sector and is affiliated with several bar associations, including the American Bar Association, DRI: The Voice of the Defense Bar and the State Bar of Michigan, and maintains memberships on numerous committees within each group.

Committed to pro bono service, Hart volunteers with the Homeless Experience Legal Protection (H.E.L.P), a program offered through Sts. Peter and Paul Jesuit Church’s Warming Center that assists homeless men and women with legal issues.

Hart earned his B.A. degree from Michigan State University (1992) and his J.D. degree from Loyola University Chicago School of Law (1995), where he served on the editorial board for the Loyola Consumer Law Reporter and on the advisory board for the publication’s predecessor, Loyola Consumer Law Review.

About Wilson Elser

Wilson Elser, a full-service and leading defense litigation law firm (www.wilsonelser.com), serves its clients with nearly 800 attorneys in 27 offices in the United States and one in London and through a network of affiliates in key regions globally. Founded in 1978, it ranks among the top 200 law firms identified by The American Lawyer and is included in the top 50 of The National Law Journal’s survey of the nation’s largest law firms. Wilson Elser serves a growing, loyal base of clients with innovative thinking and an in-depth understanding of their respective businesses.

Bridgeway Software is making available copies of its first ever, in-house, matter management and e-billing buyers’ guide.

The ebook, vetted by seasoned, in-house professionals, is designed to offer a framework for legal departments to:

• Understand matter management and e-billing systems and their uses/benefits
• Conduct an internal analysis and define requirements
• Develop goals for a software solution, and prepare for adoption
• Evaluate vendors, the functionality of their systems, and the requirements for implementation
• Select a vendor based on the fitness of the solution, the likelihood of a viable, long-term relationship, and key points of differentiation

Download the free guide.

The Houston trial law firm Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., or AZA, again has earned recognition among the nation’s top commercial litigation firms in the 2015 edition of Chambers USA: America’s Leading Lawyers for Business.

In its Chambers USA profile, AZA is described by one client as a “very results-driven law firm, and the results they’ve given us are outstanding.” AZA attorneys also were called “highly skilled trial lawyers and litigators who are prepared to go to trial.”

In addition to the firm’s Chambers USA ranking, AZA partners Demetrios Anaipakos, John Zavitsanos andTodd Mensing received individual honors among the leading commercial litigators in the country. All three are nationally recognized trial lawyers who handle bet-the-company litigation.

Read the whole story.

The Illinois Appellate Court tackled one of the most misunderstood issues in the commercial general liability policy: Does an obligation to indemnify trigger insurance coverage? The National Law Review reported on the ruling, writing that, although the facts in Bituminous Casualty Corporation v. Plano Molding Company are not typical for most general liability disputes, the analysis and reasoning of the court are helpful in understanding this pesky part of the policy.

“At issue was a clause in a bill of lading issued by Plano, a manufacturer of storage boxes, in which it agreed to indemnify K-Line, a railroad carrier who was shipping the merchandise, ‘for any injury, loss or damage caused by breach of warranty’ that the cargo being shipped was ‘safe and proper and suitable for handling and carriage,” the report explains.

The court found that “because defendant (the Insured) is liable only for its own breach of warranty, it has not assumed liability for K-Line’s negligence.”

Read the report.

The national law firm of Quarles & Brady LLP has achieved Gold Standard Re-Certification by the Women in Law Empowerment Forum (WILEF) for the fifth consecutive year. Forty-four firms are included on this year’s list.

“Our five-peat certification reaffirms that women at Quarles & Brady are in the highest leadership roles and have achieved successful and respected careers at the firm,” said Janine M. Landow-Esser, chair of the firm’s Diversity Committee. “We couldn’t be more thrilled to receive the WILEF certification for the fifth year in a row.”

Gold Standard Certification emphasizes the leadership roles achieved by women partners, rather than the policies or practices of the firm or the overall number or percentage of women in the partnership. Law firms with 300 or more practicing lawyers in the United States were eligible if they successfully demonstrated that women represented a meaningful percentage of their equity partners, of their highest leadership positions, of their governance and compensation committees, and of their most highly compensated partners. To be certified, firms had to meet at least four of the six criteria:

• Women account for at least 20 percent of equity partners or, alternatively, 33 percent or more of the attorneys becoming equity partners during the past twelve months.
• Women represent at least 10 percent of firm chairs and office managing partners.
• Women make up at least 20 percent of the firm’s primary governance committee.
• Women represent 20 percent or more of the firm’s compensation committee.
• Women make up at least 25 percent of practice group leaders or department heads.
• Women represent at least 10 percent of the top half of the most highly compensated partners.

About WILEF
Founded in 1997 by Elizabeth Anne “Betiayn” Tursi, with the support of R.R. Donnelley and several successful senior women attorneys, and subsequently of law firm and corporate sponsors, WILEF is dedicated to assisting women in law to assume leadership roles within the NLJ 250 and Fortune 1000 legal departments and within their respective communities. WILEF presents cutting edge programming that provides an educational and networking forum for women in law.

About Quarles & Brady LLP
Quarles & Brady is a full-service AmLaw 200 law firm with more than 475 attorneys offering an array of legal services to corporate and individual clients that range from small entrepreneurial businesses to Fortune 100 companies, with practice focuses in health care and life sciences, business law, data privacy and security, and complex litigation. The firm has offices in Chicago; Indianapolis; Madison; Milwaukee; Naples, Florida; Phoenix; Scottsdale; Tampa; Tucson; and Washington, D.C. Additional information can be found online at quarles.com, as well as on Twitter, LinkedIn, and Facebook.