The need for innovation in the oil and gas sector has been recognised throughout the industry. Faced with lower commodity prices, increasingly difficult geographical locations, and the search for unconventional energy sources, maximizing productivity through investments in R&D is central to ongoing profitability and commercial success, according to a new article posted by Herbert Smith Freehills LLP.

“Service and equipment providers have traditionally been leading innovators in the sector and are investing increasing amounts in R&D. For example, in 2013 alone, Halliburton invested US$588 million in R&D, an increase of more than $100 million on its 2012 investment,” writes the authors of the piece, writes Rebekah  Gay, Benjamin Cameron and Camille Sullivan. “For the leaders in the field, this expenditure corresponds to large patent portfolios, with companies such as Schlumberger and Baker Hughes being in the top 100 patent filers in the US.”

Oil and gas companies themselves, however, have been slower to recognize the value of innovation and intellectual property, she writes.

Read the article.

When bringing processes online, the question on most organizations’ minds is no longer whether electronic signatures are legal. Rather, how reliable is the technology? How can the risks associated with electronic transactions be minimized? How do businesses relying on electronic signatures fare in settlement negotiations? And failing settlement, do judges admit and enforce electronically signed records in courts when contested?

Silanis Inc. has posted a free white paper that answers those questions.

This six-page article serves to answer these questions, as well as outline how organizations can leverage electronic signatures in settlement when contested, and, failing settlement, effectively prepare for court should a dispute reach that point. The article reflects the recommendations of Greg Casamento, Partner at Locke Lord LLP, and Frank Zacherl, partner at Shutts & Bowen LLP.

Read the white paper.

Hogan Lovells BSTL has announced that Arturo Tiburcio has re-joined its corporate practice as a partner specializing in tax matters. Mr. Tiburcio will work in the firm’s Mexico City office.

Mr. Tiburcio’s practice is focused on audit and tax matters before the Mexican tax authorities, along with a broader range of tax issues. Mr. Tiburcio is also a well known and respected tax litigator.

“Arturo’s experience and interaction with taxing authorities adds unique opportunities to further strengthen the services we are able to provide out of our offices in Mexico,” said David Gibbons, Global Head of Hogan Lovells’ corporate practice. “Arturo’s focus on tax disputes is extremely compatible with our established disputes practice and his transactional and tax planning experience will be a great addition to the group.”

The market has seen an increase in taxing authority activity, and Mr. Tiburcio’s expertise fills a growing need to advise clients on transfer pricing considerations, implementation of various base erosion and profit-shifting tax proposals in different jurisdictions.

“After having worked together for many years, we know Arturo well, which allows an immediate and seamless integration in a critical service area. We have been very impressed with the way Arturo’s practice has evolved to meet the challenges presented by the different tax reforms Mexico has implemented in recent years,” said Juan Francisco Torres Landa, managing partner of Hogan Lovells BSTL. “He is a tremendous asset to the Mexico City office and our global firm.”

“Hogan Lovells’ global platform provides an ideal opportunity to continue to grow my tax practice and provide a full service offering to multinational clients,” said Mr. Tiburcio. “I look forward to expanding my practice’s services in several areas, including the oil and gas industry and the energy industry alongside such a prominent global team.”

Mr. Tiburcio received his J.D. from Universidad Panamericana and obtained post-graduate diplomas for specialization in tax from Universidad Panamericana and Universidad de Santiago de Compostela in Spain.

About Hogan Lovells’ Corporate Practice

With 350 partners and more than 1,000 lawyers worldwide operating in 22 jurisdictions throughout Asia, Europe, Latin America, the Middle East, and the United States, Hogan Lovells provides exceptional, high-quality trans-Atlantic transactional strength and strong local capability throughout its broad global network and is ideally placed to advise on complex deals in highly regulated sectors. We regularly advise on the most significant, complex, and sophisticated global M&A transactions, ranking in the top 15 worldwide for completed M&A deals in 2014 (Thomson Reuters).

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.

A webinar from DTI will present a case law update that explores recent court decisions related to eDiscovery. These cases impact tactics and strategies organizations should consider to help control their eDiscovery costs and risks.

The free webinar will be Wednesday, April 22, at 1 p.m. Eastern time.

Samantha Green of DTI will moderate a distinguished panel which will cover over a dozen recent important decisions, DTI says on its website. Topics covered will include sanctions, scope of discovery, predictive coding, proportionality and the ethical obligation of attorneys to understand eDiscovery.

Presenters will include Ruth Hauswirth, Special Counsel and Director of Litigation and E-Discovery Services, Cooley LLP; Jennifer Feldman, Of Counsel, DLA Piper; Daniel Fox, Partner, Lewis Brisbois Bisgaard & Smith LLP; and Shawnda Grady, Associate, Blank Rome LLP.

Read more.

Many law departments are continuing to focus on lowering costs. But what needs to be considered in order to achieve that objective, and what other objectives should be set altogether?

Bridgeway Software will offer some guidance on that issue in a 60-minute free webinar Wednesday, April 22, at 2 p.m. Central time.

Developing the right Key Performance Indicators (KPIs) and aligning them with the business’ goals can be the key to excellence, relative to both cost and performance, says a Bridgeway spokesman. Respondents to the 7th Annual Law Department Operations Survey have shed some light on what those KPIs are.

The host will be Brad Blickstein, principal with the Blickstein Group. Reese Arrowsmith, SVP & Head of Enterprise with Lincoln Financial, will be the special guest.

Register for the webinar.

Cathy Cochran, of counsel with Rusty Hardin & Associates

Cathy Cochran, a former long-time judge on the Texas Court of Criminal Appeals, has joined the firm of Rusty Hardin & Associates as of counsel.

She will concentrate on appellate law, criminal defense and civil litigation.

Judge Cochran, a 1984 summa cum laude graduate of the University of Houston Law Center, also holds a bachelor of arts from Stanford University.

She was appointed to the Texas Court of Criminal Appeals in 2001 and was elected to two six-year terms, in 2002 and 2008.

Among her honors are the 2012-2013 Exemplary Judicial Faculty Award from the Texas Center for the Judiciary, and the 2006 Jurist of the Year, Criminal Justice Section of the Texas State Bar.

“Cathy is such an exceptional lawyer that I hired her three times, four if you count the prosecutor’s office,” says Rusty Hardin. “The last time she left our practice was to serve on the Texas Court of Criminal Appeals where she proved herself to be one of Texas’ most influential and reform-minded judges. Through her powerful skills of persuasion and insightful legal opinions, she helped bring about historic changes in Texas criminal justice, making our system a fairer one.”

Read more.

Epiance Software will present a webinar April 14 to show how hundreds of companies, including HP, Accenture, Samsung, RBS, CapGemini and many more, use Epiplex500 for a range of transformation initiatives such as ERP rollouts and upgrades, knowledge transfer during BPO transitioning stages, documentation of process best practices and certification of user competency levels prior to go-live stage for key business transformations.

The 60-minute webinar will be Tuesday, April 14, beginning at 10 a.m. Central time.

Participants in the webinar will :

1. See how dramatic savings in time and costs can be achieved by using Epiplex to develop and deliver content for learning and knowledge transfer for your application rollouts and upgrades.
2. Learn how change management efforts can be made significantly less expensive and time consuming.
3. Learn how user competency levels can be dramatically increased through multiple mode interactions with simulations of your new business application platform.
4. See how you can automate the process of certifying user competency levels by tracking user interaction with simulations and other learning content.
5. Learn how you can gain 80% + savings in time and cost in all your documentation creation efforts.
6. Learn how electronic performance support – contextual, just-in-time support can significantly improve user performance in executing business processes and cut down on help desk costs

Register for the webinar.

Foley & Lardner LLP has announced that Jennifer Walsh has joined as director of public affairs in the Washington, D.C. office.

In this role, Walsh will work closely with former U.S. Representative Dennis Cardoza (D-CA), for whom she served as chief of staff during his tenure in Congress, as well as with former U.S. Representative Scott Klug (R-WI). Her focus at Foley will include advising clients on legislative, regulatory and public policy matters related to a variety of issues, and primarily health care. Walsh has deep expertise on a wide range of health care issues, including the Affordable Care Act (ACA), traditional Medicare and Medicare Advantage, Medicaid, military and veterans’ health, the regulatory process, health information technology and efforts to modernize the health care system.

“With health care legislation a priority initiative for many of our clients planning for changes in their industry, reimbursement, and core business operations, Jennifer’s experience on Capitol Hill and in the private sector, combined with her intimate knowledge of the ACA will be an invaluable asset,” said Larry Vernaglia, chair of Foley’s Health Care Industry Team.

Walsh began her political career working for former U.S. Representative Vic Fazio (D-CA) in the U.S. House Democratic Caucus and later in his California office. She served as a chief of staff in the California Legislature and was tapped by Cardoza to serve as finance director on his congressional campaign and later run his office in 2003.

“I have had the privilege of working with Jennifer since I served in the California Legislature. She was among the most effective and respected chiefs of staff in the California Assembly and continued that reputation on Capitol Hill, having been part of the House Democratic leadership team while the Affordable Care Act was developed, and an instrumental leader among the Blue Dog Coalition,” said Cardoza, co-chair of Foley’s Federal Public Affairs Practice. “I look forward to building on her health care experience to develop a top notch public policy practice together.”

After leaving Capitol Hill in 2011, Walsh served as vice president for federal government affairs at a leading multi-national health care company, where she developed expertise on a variety of issues across the health care spectrum.

“I am pleased to welcome Jennifer to our DC office, where her successful track record in working with both Democrats and Republicans will greatly enhance the firm’s national public affairs practice,” said Scott Fredericksen, managing partner of the firm’s Washington office.

About Foley & Lardner LLP
Foley & Lardner LLP is a corporate law firm that provides legal and related services for complex issues facing companies today. With approximately 900 attorneys in 20 offices, Foley combines international reach with a local focus across a full range of legal services in various industries, including technology, health care, sports and manufacturing. Foley has been recognized by clients and the legal industry for its strong commitment to client service excellence and innovation. Learn more at Foley.com.
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Adam J. Falkof of Quarles & Brady

The national law firm of Quarles & Brady LLP has announced that Adam Falkof has been elected to the Junior Board of Chicago Volunteer Legal Services (CVLS).

CVLS is the oldest civil pro bono organization in Chicago and continues to be a leader in providing and coordinating free legal services to individual clients of limited means. “Quarles & Brady is very pleased that Adam has been elected to the CVLS Junior Board,” said Chicago partner Chris Skey, who serves as chair of the CVLS Board Development Committee. “The Junior Board is an energetic group of lawyers that plays an important leadership role in broadening CVLS’ scope of services and development opportunities.”

Falkof practices out of the firm’s Chicago office, where he is a member of the Real Estate Practice Group. He received his law degree, with distinction, from the University of Iowa College of Law and his bachelor’s degree, magna cum laude, from George Washington University.

About Quarles & Brady LLP
Quarles & Brady is a full-service 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.

Fitch, Even, Tabin & Flannery LLP presents a complimentary webinar, “Practical and Ethical Issues in Compensating Fact Witnesses: Are the Benefits Worth the Headache?” presented by Eric L. Broxterman. The webinar will take place on Wednesday, April 22, 2015, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT.

Not only expert witnesses request payment for their time preparing for trial and their testimony, as once was the trend. Now fact witnesses with special knowledge about the case sometimes expect to be compensated as well. Although rules regarding compensation of fact witnesses have loosened over the years, such payments are not unconstrained. ABA Model Rule 3.4 (b) and the Federal Anti-Gratuity Statute provide some guidance on this topic, but have been criticized for being too vague.

In this webinar, you will learn practical advice on how to structure payments to fact witnesses, how to disclose such payments to opposing counsel, and other procedures that will not only help deflect the unavoidable appearance of impropriety associated from such payments, but will also help prevent sanctions from the court.

During the webinar, we will discuss the following:

• An overview and interpretation of rules and statutes relating to compensation of fact witnesses
• Exemplary legal opinions dealing with such compensation
• Structuring and disclosing payments
• Sanctions and other ramifications if compensation is done incorrectly

Our speaker will be Fitch Even partner Eric L. Broxterman. Eric is a litigator with extensive trial experience in patent cases. A registered patent attorney, he also counsels clients on patent prosecution, infringement/invalidity opinions, and IP transactional issues.

CLE credit has been approved for California and Illinois and is pending in Nebraska. Ethics credit is also pending in those states. Other states may award CLE credit upon attendee request. There is no fee to attend, but please note registration is required.

Register for the webinar.

Cyber insurance programs are necessary for small, mid-size, and large businesses to help them manage the risks from data breaches.  Simply put, cyber insurance can provide a business with protection in the event of a cyber attack, writes Jonathan Reich, a Womble Carlyle attorney in the firm’s Winston-Salem office.

“Business leaders and corporate boards can no longer ignore the very real possibility of unauthorized access and dissemination of confidential customer information,” he writes. “This could be financial data, it could be sensitive health information, or it could be confidential trade or industry secrets.  Through no fault of a company, it can become a victim of malicious software or a coordinated attack by international hackers who seek to sell the information gained or hold the information for ransom.”

He explains that, although many cyber insurance companies in the market provide a variety of coverages, not every cyber policy provides all these types of coverages.

Read the article.

An article published by Zuckerman Spaeder describes a case that illustrates how easy it is to blur the line between an employee’s intellectual property and that of an employer.

“Content creation is continual for many new economy businesses,” writes Virginia Whitehill Guldi. “Many online businesses have intellectual property as their principal assets. Moreover, the founders of these ventures frequently have many “ideas” floating around.  If a founder contributes intellectual property to the venture, the documents governing the contribution should plainly specify whether it is by royalty-free license or by outright transfer of the interest.”

The case involves more than 35 years of books, sermons and other writings, had been produced by Dr. Robert Schuller while he was employed by  tCrystal Cathedral as its senior pastor.

Read the article.

An EEOC internal memo states that the EEOC is interested in litigating charges regarding issues of “first impression” such as benefit coverage for same-sex couples and insurance benefits afforded to transgender individuals, according to an article published by Seyfarth Shaw.

While ERISA (and other current federal law) does not require benefit plans that provide benefits to opposite sex spouses to provide equivalent coverage to same-sex spouses, the EEOC clearly believes that such a right is found Title VII, write authors Sam Schwartz-Fenwick, Nick Clements and Ian H. Morrison.

“The EEOC will likely argue that failure to provide such coverage constitutes sex discrimination because entitlement to coverage turns on the sex of the employee’s spouse. Similarly, the EEOC appears willing to take an aggressive stance on transgender related benefits coverage,” they write.

Read the story.

A recent enforcement action by the U.S. Securities and Exchange Commissionagainst KBR serves as a warning to companies that efforts to silence potential whistleblowers through restrictive confidentiality agreements will not be tolerated, report two Dechert LLP lawyers.

The action aims to protect employees from signing confidentiality agreements that would prevent them from acting as whistleblowers. On April 1, 2015, the SEC announced a settlement with KBR, Inc. in which KBR will pay a $130,000 civil penalty and agreed to cease and desist from any future violations of SEC Rules, while not admitting or denying the SEC’s charges.

“As the first enforcement action of its kind, the SEC has taken an aggressive stance against KBR, one of the country’s largest government contractors.” write Nicolle Jacoby and Jamie Hacker.

Read the story.

The Consumer Financial Protection Bureau (CFPB) has announced an enforcement action against a nationwide debt collection operation and its chief executive officer for allegedly using deceptive threats of criminal prosecution and jail time in order to intimidate consumers into paying debts for bounced checks, reports the Consumer Financial Protection Bureau.

The company also misled consumers into believing that they must enroll in a costly financial education program to avoid criminal charges, according to the action.

“The proposed order, if approved by a federal district court, would put an end to the illegal activities, impose a civil money penalty of $50,000, and require new consumer disclosures and stronger oversight of the bounced check program,” the CFPB reports.

Read the story.

A U.S. independent monitor said HSBC Holdings PLC is moving too slowly to fix some of its compliance problems. In a recent report, the Wall Street Journal said the finding was a tough assessment that comes as the bank is grappling with other issues, including allegations it aided tax evasion.

The bank has hired thousands of staffers in an effort to overhaul its controls in the wake of a $1.9 billion settlement over allegations it violated laws against money laundering.

The monitor said “HSBC’s corporate culture and rusty technology systems are impeding the implementation of those standards. The report follows a review that included different lines of business and a number of countries,” The Journal reported.

Read the story.

A jury in Georgia awarded $150 million to a family that sued Chrysler Group LLC for the 2012 death of their 4-year-old in a crash involving a 1999 Jeep Grand Cherokee with a rear fuel tank, reports Reuters.

The Decatur County jury found that Chrysler was liable for the death of Remington Walden. The company also failed to warn customers that the tank’s position could increase the risk of fire in a rear-end crash, jurors found.

Chrysler previously recalled 1.56 million Jeep SUVs with rear fuel tanks, although the 1999 Jeep Grand Cherokee in which Walden was riding was not among them, Reuters reports.

Read the story.

The U.S. Securities and Exchange Commission (SEC) has announced the resolution of its first enforcement action against a company for violations of the whistleblower protection provisions of the Dodd-Frank Act regulations, according to a report written by three lawyers with Ropes & Gray.

Under a “no admissions” resolution, KBR Inc. agreed to pay a $130,000 penalty to resolve charges that the language it used in its confidentiality agreements during internal investigations violated SEC Rule 21F-17. In a voluntary “remedial action,” KBR also amended its internal investigation confidentiality agreements to state that employees are not prohibited from reporting, without prior company consent, violations of federal law to the Department of Justice, SEC, or other relevant federal agencies.

“As alleged in the SEC’s cease-and-desist order, as part of its internal investigation process, KBR required employees to agree to – and in some instances sign – a written confidentiality agreement warning that the employee could be subject to discipline (including termination) if, without ‘prior authorization of the Law Department,’ he or she “discuss[ed]” with outside parties ‘any particulars regarding [the internal investigation] interview [or] the subject matter discussed during the interview,’ ” the article explains.

Read the story.

In 2015’s climate of low oil prices and lean capex budgets, teams have come up against a hefty challenge: maintain company revenues with fewer wells in operation, says P2 Energy Solutions in its introduction to an on-demand webinar. This test can only be passed when production for these fewer wells is increased and held at the highest level possible. Production-impeding issues of any kind, therefore, need to be pinpointed and corrected quickly.

Grant Eggleton, P2 Vice President of Production Operations Solutions, addresses the importance of exception-based surveillance processes, which pinpoint production anomalies and alert teams to these issues in near real time.

Watch the on-demand webinar.

Contracts are formed when there is an offer by one party, acceptance of that offer by another, and valid consideration given by both. You likely understand what an offer and acceptance are (even if you don’t know all the legal caveats), but what is consideration? How do you know if you have it? How does this affect your ability to form a contract? Can a valid contract ever be formed without it?

Whitney O’Sullivan, of law technology platform provider Shake, outlines the role of consideration in a contract.

“Consideration is the word used to describe the requirement that both parties must agree to give up something of value in order to form a contract; you have to give to get,” O’Sullivan writes.

Read the article.