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 firm’s release.

Noted white-collar and general criminal defense lawyer John R. Teakell of Dallas is a featured author in a new book highlighting trends in state and federal criminal defense law along with thoughtful guidance to defendants needing legal help.

Teakell is one of 10 respected attorneys nationwide selected to contribute a chapter for “A Cup of Coffee with 10 of the Top Criminal Defense Attorneys in the United States.” In his chapter, Teakell outlines state and federal statutes and describes similarities and differences in investigations and procedures in the two systems.

“A Cup of Coffee with 10 of the Top Criminal Defense Attorneys in the United States,” is designed to provide practical information for people who need to know more about the criminal justice system and legal representation. The work debuted in March 2015 on Amazon.com and has been among the top sellers in the criminal defense law genre. Royalties from the book are being donated to Kiwanis International, a nonprofit organization that works with children in the United States and throughout the world.

“It can be overwhelming for people to find themselves in the criminal justice system for the first time,” Teakell says. “There are certain decisions that have to be made quickly, and there can be so much at stake. I’ve seen from experience how providing information can empower individuals to make better decisions.”

Teakell’s criminal law expertise has allowed him to serve as an expert source for local and national media, including the Fort Worth Star-Telegram, Los Angeles Times, NBC Nightly News and many others. Forbes and Times magazines have named him among the nation’s top white-collar defense practitioners, while the National Association of Distinguished Counsel has honored him among the top one percent of attorneys in the United States. In addition, Teakell is a repeat honoree on the annual Texas Super Lawyers list.

In a release, the firm says the Law Office of John R. Teakell represents companies and individuals in a variety of white-collar and other criminal defense matters, including grand jury proceedings and internal investigations involving allegations of fraud, bribery, embezzlement, insider trading, stock option backdating, tax evasion, computer crimes and public corruption.

For more information on Teakell and “A Cup of Coffee with 10 of the Top Criminal Defense Attorneys in the United States,” contact Robert Tharp at 800-559-4534 or Robert@androvett.com.

A black teacher and coach has won a major victory in his racial discrimination and retaliation lawsuit against the Frisco, Texas, Independent School District following a ruling from the 5th U.S. Circuit Court of Appeals.

In a ruling issued June 15, the 5th Circuit found that the former history teacher’s claims were valid under both federal and state law, and should be heard by a jury. The ruling overturned a 2014 summary judgment issued by the U.S. District Court in Sherman that dismissed the case in the school district’s favor.

“Alvin Jackson, who taught world history along with being a basketball and track coach, filed a suit against the Frisco school district in 2012, saying his contract was not renewed because he complained about discrimination and racial hostility at the high school,” reported The Dallas Morning New. “He was the only black coach and core subject teacher at the campus then.”

The Kendall Law Group represented Jackson.

Read the law firm’s release.

Parties to maritime contracts frequently include requirements that one or the other party or both of them will use their “best efforts” to perform duties described in the contract, but sometimes it’s unclear what the phrase “best efforts” actually means to them and what a court will say it means should a dispute arise.

Robert Stefani of King, Krebs & Jurgens, PLLC has written a paper describing the practice and discussing two approaches that are evident in the relevant case law. JD Supra Business Advisor posted the article.

He writes that including “best efforts” provisions in a maritime contract can be a good practice, but only if the contract includes guidelines as to what constitutes the party’s “best efforts.”

Read the article.

Venio Systems offers a complimentary white paper on defensibility problems due to spoliation of data between collection and review.

“Anyone who has spent time working with a service provider or law firm eDiscovery processing department knows that eDiscovery processing isn’t simple,” Venio says in a release. “However, defensibility problems due to spoliation of data between collection and review don’t get the same press or case law “bench slaps” that typically result from failures in preservation.”

In the paper, Venio’s Vice President of Training and Education, Babs Deacon, discusses the five “dirty little secrets” of eDiscovery:

1. Processing Extraction Levels
2. Multiple Processing Applications
3. Technology Selection
4. Human Participation
5. Keyword Searching

Download the white paper.

Extra Space Storage Inc., a leading owner and operator of self-storage properties, has entered into a definitive agreement to acquire SmartStop Self Storage, Inc., a public non-traded real estate investment trust (REIT), as detailed in the company press release below. SmartStop stockholders will receive $13.75 per share in cash which represents a total purchase price of $1.4 billion. Extra Space management expects the acquisition to close in the latter half of 2015.

Extra Space has also announced the pricing of an underwritten public offering of 5,500,000 shares of its common stock at a price to the public of $68.15 per share, as detailed in the below company press release.  The gross proceeds from this offering are expected to be approximately $374.8 million, before deducting underwriting discounts and commissions and estimated offering expenses payable by Extra Space. The offering is expected to close on or about June 22, 2015.

Latham & Watkins LLP advised Extra Space in the acquisition and offering with a corporate team led from the firm’s San Diego office by partner Craig Garner and associates Anthony Gostanian, Kevin Reyes and Jeffrey Woodley. Advice was also provided on tax matters by partners Michael Brody and Ana O’Brien, with associate Eric Cho in Los Angeles; on employee benefits matters by counsel Holly Bauer in San Diego; on real estate matters by partner David Meckler in Orange County; and on environmental matters by partner Christopher Norton in Orange County. For more information on the Extra Space acquisition and offering, please contact Craig Garner at +1.858.523.5407.

Extra Space Storage also announced the pricing of an underwritten public offering of 5,500,000 shares of its common stock at a price to the public of $68.15 per share.  The gross proceeds from this offering are expected to be approximately $374.8 million, before deducting underwriting discounts and commissions and estimated offering expenses payable by Extra Space.  Wells Fargo Securities, BofA Merrill Lynch and Citigroup are acting as the joint book-running managers for the offering.  Extra Space has granted the underwriters a 30-day option to purchase up to an additional 825,000 shares.  The offering is expected to close on or about June 22, 2015.

Extra Space intends to use the net proceeds of this offering to partially fund its recently announced acquisition of SmartStop Self Storage, Inc. (“SmartStop”). Upon completion of the acquisition, Extra Space will own 121 SmartStop stores and will assume the property management of 43 third-party managed stores. The aggregate purchase price of the acquisition is $1.4 billion, consisting of $1.29 billion to be paid by Extra Space and $120 million to come from the sale of certain assets by SmartStop at or prior to the closing.

The pending acquisition is subject to the approval of SmartStop’s stockholders and the satisfaction of other customary closing conditions. Extra Space expects to close the acquisition in the latter half of 2015; however, there can be no assurances that these conditions will be satisfied or that the acquisition will close on the terms described, or at all.
The shares will be issued pursuant to an effective shelf registration statement filed with the Securities and Exchange Commission.  This release does not constitute an offer to sell or the solicitation of an offer to buy any securities, nor will there be any sale of these securities in any state or jurisdiction in which such an offer, solicitation or sale is not permitted. The offering will be made only by means of a prospectus supplement and accompanying prospectus, copies of which, when available, may be obtained from Wells Fargo Securities, LLC,  375 Park Avenue, New York, NY 10152, Attn: Equity Syndicate Department, or by telephone at 800-326-5897 or email at cmclientsupport@wellsfargo.com, or from BofA Merrill Lynch, 222 Broadway, New York, NY 10038, Attn: Prospectus Department or via email at dg.prospectus_requests@baml.com, or from Citigroup, c/o Broadridge Financial Solutions, 1155 Long Island Avenue, Edgewood, NY 11717, Attn: Prospectus Department, or by telephone at 800-831-9146.  A prospectus supplement related to the offering will also be available free of charge on the SEC’s website at http://www.sec.gov.

About Extra Space Storage Inc.:

Extra Space Storage Inc., headquartered in Salt Lake City, is a fully integrated, self-administered and self-managed real estate investment trust. As of March 31, 2015, Extra Space owned and/or operated 1,106 self-storage properties in 35 states, Washington, D.C. and Puerto Rico. Extra Space’s properties comprise approximately 740,000 units and approximately 81.8 million square feet of rentable space. Extra Space offers customers a wide selection of conveniently located and secure storage units across the country, including boat storage, RV storage and business storage. Extra Space is the second largest owner and/or operator of self-storage properties in the United States.

Microsystems will present two complimentary webinars in June: the DocXtools Training Webinar Series on June 24 and the Patent Companion Overview on June 25.

The DocXtools webinar will:

• Identify the problems that occur when moving a document to .docx format
• Address the unique process involved in moving to Word 2013
• Step-by-step demonstration on Document Conversion

The 60-minute event will be Wednesday, June 24, beginning at 10 a.m. Central time.

Participants in the Patent Companion webinar will:

• Learn about all of the key patent prosecution features in Patent Companion including: Element References, Similar Spelling, Antecedent Basis, and more
• Learn how the Patent Companion Word Trends™ feature can help you select words that will give your patent application stronger language
• Discover how IP and patent lawyers are incorporating Patent Companion into their workflow to ensure the highest quality documents are being sent to clients and submitted for approval

The Patent Companion event will be Thursday, June 25, at 10 a.m. Central time.

Dallas family law firm VernerBrumleyMcCurley PC, devoted solely to divorce law, announces that Robert A. Emerson has joined the firm as an associate.

Emerson has extensive experience in negotiated and mediated settlement agreements, child custody contests and the division of complex marital estates, the firm said in a release. A native of Amarillo, Texas, he has deep roots in family law. His mother, Sally Emerson, is a prominent Amarillo family lawyer and his father, Don Emerson, is the longtime judge of Amarillo’s 320th District Court, which handles family law matters.

Despite growing up steeped in family law, Emerson had planned to pursue environmental law until he interned at the Resource and Crisis Center of Galveston County, a domestic violence shelter.

“I realized that helping those who can’t help themselves is both important and rewarding work,” he says. “When someone decides to get divorced – or their spouse makes the decision for them – they’re in a difficult place and they need the help of someone who is committed to solving their problems. Now I know why my parents made this their life’s work.”

Jim Mueller, the firm’s managing partner, says Emerson is an ideal addition to VernerBrumleyMcCurley.

“We have been quite happy to learn that the apple did not fall far from the tree,” he says. “Bob is a bright and promising lawyer, and we are thrilled he is bringing his talents to our firm.”

Mr. Emerson earned his law degree, with pro bono honors, from South Texas College of Law in 2013. He earned his bachelor’s degree from the University of Texas at Austin in 2006. He is a member of the Dallas Bar Association, the Collin County Bar Association and the State Bar of Texas Family Law Section. 

VernerBrumleyMcCurley provides concierge-style representation to its divorce clients. “They are available day or night to handle not only legal problems, but also other personal challenges often associated with divorce,” the release says. “With a reputation for excellence, thorough preparation and innovation, and more than 200 years of combined experience, they don’t believe in a ‘one size fits all solution.’ Ultimately, their mission is to help their clients prepare for a better life after divorce.”

For more information, visit VernerBrumleyMcCurley’s website or call 866-363-5907.

For more information on Emerson, contact Mike Androvett at mike@androvett.com or 800-559-4534.

Lighthouse eDiscovery, a leader in technology-enabled ediscovery services and consulting, today unveiled its new service organization, Focus Discovery.

Lighthouse says its latest offering deploys a unique combination of substantive assessments and technology applications to reduce document volume, organize, prioritize, and clarify document review, thereby reducing the overall time and expense spent on review, hosting, and production.

Lighthouse reports its service:

• Reduces review volume by providing substantive recommendations to eliminate irrelevant documents.
• Improves efficiency by organizing, prioritizing, and bringing greater clarity to review.
• Ensures precision by narrowing the potential review corpus and increasing relevance rates.
• Lowers time and cost by eliminating non-relevant documents at a fraction of the time and cost of linear review.

“Focus Discovery utilizes a technology driven approach to substantive culling, accelerated review, and categorization to reduce the volume of documents subject to eyes on review by counsel,” said John Olson, director of Focus Discovery. “Our team can achieve an in-depth understanding of your case goals and data, apply technology, and perform a substantive initial review and categorization prior to any traditional linear review. Utilizing Focus Discovery, clients can expect increased relevance rates, lower review and hosting costs, and a more concentrated set of review documents.”

Read the announcement.

Scott J. Fisher

Neal, Gerber & Eisenberg LLP announced today a significant change in firm leadership. Litigation partner Scott J. Fisher will assume the role of managing partner from long-term leader Jerry H. Biederman.

The leadership shift is a significant step in investing in the firm’s future and will be effective Jan. 1, 2016, allowing for a planned transition for Fisher, 43, to assume the new role.

Biederman, 68, has been the only managing partner in the firm’s history and will remain active with the firm he helped found nearly 30 years ago. Since its inception, Neal Gerber Eisenberg has nearly quadrupled in size and has resisted, by design, the current legal trend of dramatic growth for the sake of growth.

“What sets Neal Gerber Eisenberg apart is that we retain many of the unique qualities that have been lost in the current law firm merger frenzy,” said Fisher, who will retain his active trial practice. “We have a distinct and compelling value proposition to offer clients. Our firm is positioned to service all of our clients’ needs in an atmosphere that is collaborative, innovative and diverse.”

Fisher said he is committed to focusing on Neal Gerber Eisenberg’s core strengths of intellectual property, strategic litigation, and the representation of middle market businesses and their owners. He is also firmly committed to maintaining the vision of the firm’s founders.

It was this vision that drew Fisher to Neal Gerber Eisenberg almost 10 years ago. “The firm has always enjoyed a sterling reputation as first-rate lawyers and business counselors who handle sophisticated matters as true professionals,” he said. “I look forward to building upon the tremendous foundation that Jerry, our partners and staff have put in place over the past 29 years.”

A diverse range of firm clients have remained committed to that model as well. In 2014, Neal Gerber Eisenberg represented 39 of the Fortune 100 companies and many of the best known private companies. The firm also acts as the trusted advisers to nonprofits, startups, growth companies and entrepreneurs.

Biederman is confident the leadership transition will be seamless.

“I have maintained a close relationship with Scott for nearly 10 years and know we are in good hands with the firm’s next generation of leaders,” said Biederman. “It has been an honor to serve Neal Gerber Eisenberg as managing partner for almost 20 years, and it’s reassuring to work with a successor who is no stranger to firm leadership and management. I respect Scott’s perspectives as a member of the firm’s executive committee and his leadership as chair of our General & Commercial Litigation practice group. I have the utmost confidence in his ability to guide the firm to continued success.”

Fisher received his J.D., with highest honors, in 1996 from Chicago-Kent College of Law and earned his B.A. from The Ohio State University in 1993. An experienced trial lawyer, he has been recognized repeatedly as a leader in the field.

Neal Gerber Eisenberg is a Chicago-based law firm whose attorneys share a culture of teamwork and devotion to personalized client service to advance our clients’ business interests. Our attorneys provide legal business solutions to public and private entities of all types—including Fortune 100 companies, financial institutions, nonprofits and high net worth individuals—in connection with domestic and global business transactions and litigation. Our full service firm is large enough to handle nearly any legal matter throughout the world, yet small enough that clients personally know the attorneys accountable to their matters.

The national law firm of Quarles & Brady LLP has announced that Patricia Spiccia has joined the firm’s Chicago office in its Tax-Exempt Organizations Practice Group.

Spiccia previously externed at Morgan, Lewis & Bockius LLP in the Tax-Exempt Organizations Group. She also served as a judicial extern with the U.S. Courts for the Honorable Magistrate Judge Paul R. Cherry and the Honorable Jon E. DeGuilio. During law school, Patricia was a member of the Moot Court Society and an executive editor of the law review.

She earned her law degree from Valparaiso University School of Law, her bachelor’s degree from Indiana University – Bloomington, and her master of laws degree from Georgetown University Law Center.

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.

Global Organization EY has posted a complimentary webinar that explores how companies can transform and prosper by focusing on enhancing financial, operational and portfolio resilience needed to weather an extended period of volatile energy prices.

Presenters are Andy Brogan, EY Global Oil & Gas Transactions Leader; Barry Munro, the leader for EY Oil & Gas industry initiatives in Canada and a senior vice president of EY Orenda Corporate Finance based in Calgary; and Axel Preiss, a Senior Partner in the Advisory practice and  the Global Oil & Gas Advisory Leader.

Moderator is Deborah Byers, Managing Partner of the EY Houston office and also a the U.S. Oil & Gas Leader.

Just because your company does not contract directly with the government does not necessarily mean you are not subject to the many requirements associated with government contractors, warns Foley & Lardner in a new article.

“Those who provide goods and services to OEMs, or other customers who sell to the government, may also be subject to those requirements,” the article says.

“Many government contractors incorporate by reference Federal Acquisition Regulation (“FAR”) clauses, FAR agency supplemental clauses, or other federal government contracting laws and regulations into agreements with subcontractors and materials supplier.”

Read the article.

Parties to a contract may agree in advance to an amount of money to be paid as damages in the event of a breach – a remedy known as “liquidated damages.”

A paper prepared by Shumaker, Loop & Kendrick and posted on Lexology, discusses the subject in light of some recent litigation involving college coaches and the schools that contracted with them.

“Some coaches succeed in negotiating exclusions to a liquidated damages provision that allow an upward career move (e.g., a coordinator to head coach) or to accept a ‘dream job.’ But even such carve-outs do not necessarily come without controversy,” the Shumaker, Loop authors write.

Read the article.

A posting by by Mike Reilly on the Lane Powell website considers the question: When does the court apply “equitable tolling” to extend the time by which a claimant may file suit beyond the contractual limitations provision?

The article discusses the case of Wilson v. Standard Insurance Company, 2015 WL 3477864 (11th Cir. June 3, 2015)(Equitable tolling rejected even though claim denial letter failed to state date by which civil claim must be brought.)

The 11th U.S. Circuit Court of Appeals found that equitable tolling does not trump the contractual limitations provision.

Read the article.

Equifax will present a webinar featuring a leading labor attorney talking about the fast-growing number of new hire reporting and notification requirements states are imposing on employers, and how HR professionals can better manage the process of monitoring, interpreting and enforcing them.

The webinar will be Tuesday, June 23, at noon Central time.

Topics will include:
• Key legislative trends in state and municipal regulations
• Overview of recently passed and upcoming state new hire requirements
• Best practices in managing the requirements

Chad Richter, a Partner with Jackson Lewis, will provide detail about selected individual requirements at the state and local level, such as the Massachusetts requirement earned sick time requirement taking effect July 1 and others. He will be joined by Julia Bailey, Sr. Director of Product Management at Equifax Workforce Solutions, and the two will clarify how such laws should be interpreted and how to meet their requirements. They’ll also discuss how employers can best manage the compliance challenges that the numerous requirements create.

Register for the webinar.

Mayer Brown has posted presentation slides and video from its recent webinar about increasing the value of sourcing contracts by linking the supplier’s profitability with how quickly and how well the supplier advances your business objectives.

The free webinar is a part of the firm’s Business & Technology Sourcing Webinar Series.

“Incentives can even be used for ‘stretch goals,’ where suppliers would be unable to commit to performance,” the firm says on its website.

Mayer Brown partners Brad Peterson and Linda Rhodes talk about supplier behavior and discuss how to use contract terms to drive exceptional supplier performance. Topics include:

• Use general terms to align incentives for success;
• Set and enforce service levels to drive exceptional performance;
• Implement milestone and other key incentives for projects; and
• Leverage liability provisions and termination rights to drive performance.

View the slides and the video.

DLA Piper has announced that Matthew Genkin has joined the firm’s Corporate practice as an associate in its Philadelphia office.

Genkin previously served as in-house counsel at an intellectual property management company where he handled many of the company’s corporate legal issues, including operational agreements and intellectual property transactions, among other responsibilities.

Genkin received his B.A. from Emory University and his J.D. from the Drexel University Thomas R. Kline School of Law.

Compliancy Group will present a complimentary webinar on HIPAA compliance and how to deal with “Non- Business Associates.”

The 90-minute webinar will be Tuesday, July 14, beginning at 2 p.m. Eastern time.

HIPAA covered entities (including health care providers and health plans) and their business associates must be mindful of HIPAA compliance when working with other entities even when that other entity is not a business associate. Often, vendors have access to an organization’s premises or information systems which may result in incidental access to protected health information (PHI).

For example, a cleaning service may have access to a medical records room or an IT support vendor may have remote access to employee workstations. While such incidental access to PHI does not make the vendor a business associate, an organization must ensure that its PHI is protected and that it complies with HIPAA.

This webinar will address:

• Strategies for dealing with non-business associate vendors
• Best practices to protect your organization
• Development of policies and model contract language

Register for the webinar.

LifeStorage, L.P., an owner, acquirer and operator of premier self-storage facilities, announced that it has secured a new $300 million acquisition facility & term loan from a consortium led by Citigroup Global Markets Inc. and BMO Capital Markets Corp. together as joint lead arranger, with participation from Raymond James Bank, as detailed in the company press release below.

Latham & Watkins LLP advised LifeStorage, L.P. and its affiliates, in this financing transaction with a finance team led by partners Glen Collyer, Nathaniel Marrs and David Meckler, with associates Nathan Logan and Alexandra Koenig. Collyer is based in the firm’s Los Angeles office, Marrs, Logan and Koenig in Chicago, and Meckler in Orange County, CA.

LifeStorage will use the $300MM financing to support its growth strategy of acquiring premier properties in the top 50 markets across the U.S. Additional terms were not disclosed.

“This new financing builds on our excellent momentum and provides us with additional flexibility to continue adding best-in-class, institutional quality properties to our portfolio opportunistically,” said Mark Good, Chief Executive Officer of LifeStorage. “We are committed to building a brand that resonates with consumers by offering the very storage experience and top notch customer service expected in a premier facility.”;

LifeStorage has a rigorous selection criteria for acquiring facilities, including location and convenience for customers, property amenities, high standards for security, and a retail-like environment that is clean and brightly lit, ensuring an excellent customer experience. The company also reviews each property in terms of how it will add value to its overall portfolio of real estate assets as well as advance its strict brand standards.

“Citi is proud to support the LifeStorage team as it executes its strategy to become the leading brand in the self-storage industry,” said Matthew Greenberger, Managing Director, Real Estate and Lodging Corporate and Investment Banking at Citi. “Through our partnership, we are excited to help LifeStorage continue its strong growth plan and its efforts to provide an industry-leading customer experience.”;

LifeStorage clusters its properties in strategic locations, enabling the company to offer convenient and diverse storage options for its customers. In October 2014, TPG Real Estate (“TPG”), the real estate platform of TPG, a leading global private investment firm invested $120MM in LifeStorage.

About LifeStorage

LifeStorage is an owner, acquirer and operator of premier self-storage facilities, committed to be the best self-storage option for customers, the best employer and neighbor in the communities it serves, while laser focused on creating value for investors. LifeStorage offers best-in-class storage solutions with high-quality customer service, engaged and knowledgeable employees, convenient locations, operating with impeccable housekeeping standards, as well as a full suite of customer focused amenities including climate-controlled units, drive-in access, and value-added services such as fully furnished office spaces and meeting rooms.

Founded in 2011, LifeStorage is headquartered in Roseville, CA. The company currently owns, has under purchase agreement and operates 89 properties in 9 states across the U.S. as of December 31, 2014. For more information, please visitwww.LifeStorage.com.