How Effectively Are You Managing Value Leakage in Your Sourcing Contracts?

The Everest Group will present a complimentary one-hour webinar in which experts will discuss effective value sourcing across across a variety of topics.

The Wednesday, April 1, webinar will begin at 9 a.m. Central time.

Topics will include:

  1. Value Sourcing 101
  2. Best practices in measuring value realized from outsourcing
  3. Enhancing value through recommended service agreements
  4. Best practices in managing multivendor complexities
  5. Value sourcing governance

Get more information and register for the webinar.

 

 




2015 “Texas Rising Stars” List Features 11 Bell Nunnally Attorneys

Bell Nunnally & Martin LLP attorneys Alana K. Ackels, R. Heath Cheek, Wendy A. Duprey, John R.W. Fugitt, Stephanie K. Gause, Kristopher D. Hill, Heather H. Jobe, Gregory D. Kelminson, Daniel A. Murray, Benjamin L. Riemer and Ross A. Williams have been named to the 2015 “Texas Rising Stars” list published by Super Lawyers – a Thomson Reuters publication and rating service – and set to be featured in the April issue of Texas Monthly.

“Texas Rising Stars” recognizes lawyers across more than 70 practice areas who are 40 years or younger or in the first 10 years of their practice. Inclusion is based on a highly selective process comprised of detailed and comprehensive peer nominations, evaluation and research – yielding only those who have both a high degree of peer recognition and professional achievement. Ultimately, no more than 2.5 percent of eligible lawyers in the state are named to the “Texas Rising Stars” list.

Ackels is a member of the firm’s Litigation; Labor, Employment and Benefits; and Creditors’ Rights practices. She represents clients across the country in complex commercial disputes; employment claims involving discrimination, harassment, and retaliation; wage and hour claims; trade secret litigation and non-compete matters. She has extensive experience litigating disputes in state court, federal court and arbitration. Ackels also advises employers large and small on how to navigate the multitude of state and federal laws governing the employer – employee relationship. Ackels earned both her undergraduate and legal degree at Southern Methodist University (B.A., 2006; J.D., 2009). She is licensed in Texas and California.

Cheek is partner and member of the firm’s Litigation; Labor, Employment and Benefits; Creditors’ Rights and Intellectual Property practices. His practice focuses on trials and disputes, representing clients from Fortune 500 companies to small businesses and high-net-worth individuals in industries including energy, financial services, private equity and real estate in various litigation matters. Cheek is a graduate of Baylor Law School (J.D., 2006) and Texas Tech University (B.A., 2003). This is his second consecutive selection to the “Texas Rising Stars List.”

Duprey is senior counsel and a member of the firm’s Litigation; Broker/Dealer and Securities; and Intellectual Property practices. She focuses on litigation in state and federal courts and FINRA arbitration proceedings, including complex commercial litigation, trade secrets litigations, creditors’ rights, securities litigation and Form U4 and U5 expungement proceedings. Duprey is a graduate of Washington University School of Law (J.D., 2005) and Knox College (B.A., 1998). This is her sixth consecutive selection to the “Texas Rising Stars” list.

Fugitt is partner and a member of the firm’s Commercial Finance; Corporate and Securities; Intellectual Property and Litigation practices. He focuses on civil litigation in state and federal courts, particularly complex contractual disputes, real property litigation and business torts. Fugitt is a graduate of the University of Texas School of Law (J.D., 2002) and Texas A&M University (B.A., 1998). This is his second consecutive selection to the “Texas Rising Stars List.”

Gause is a partner and member of the firm’s Mergers and Acquisitions and Real Estate practices. She represents clients in a variety of real estate and corporate transactions, including the acquisition and sale of property, office and retail leasing, real estate development and construction matters, stock dispositions and asset sales and lending transactions. Gause is a graduate of the University of Texas School of Law (J.D., 2006) and the University of Texas at Austin (B.B.A., 2003). This is her third consecutive selection to the “Texas Rising Stars” list.

Hill is an associate and a member of the firm’s Labor, Employment and Benefits; and Litigation practices. He focuses his practice on complex business disputes and trials involving business torts, contract disputes, business-divorce disputes and similar high-stakes commercial litigation matters. Hill is a graduate of Baylor Law School (J.D., 2008) and Texas Tech University (B.B.A., 2005). This is his second consecutive selection to the “Texas Rising Stars List.”

Jobe is a partner and a member of the firm’s Bankruptcy and Financial Restructuring; Creditors’ Rights; and Litigation practices. She is focused on bankruptcy- and business-related litigation, with a concentration on valuation issues. Jobe is a graduate of Texas Tech School of Law (J.D., 2004) and Texas State University (B.B.A., 2000). This is her fourth consecutive selection to the “Texas Rising Stars” list.

Kelminson is a member of the firm’s White Collar Criminal and Regulatory Defense; Health Law; and Litigation practices. He represents clients in complex criminal and regulatory investigations and charged proceedings and has experience handling federal and state administrative actions instituted by securities and health care regulators. He is a graduate of the University of Houston Law Center (J.D., 2009) and the University of Texas at Austin (B.B.A., 2005).

Murray is a member of the firm’s Intellectual Property practice. He focuses his practice on all areas of intellectual property law, assisting clients across a diverse range of industries including telecom/smartphone, medical devices, construction hardware, sporting goods and software technologies. Murray is a graduate of Northwestern University School of Law (J.D., 2007) and Southern Methodist University (B.S., B.A., 2003; M.S. 2009).

Riemer is an associate and a member of the firm’s Commercial Litigation; Construction Litigation; White Collar Criminal and Regulatory Defense; Intellectual Property; Broker/Dealer and Securities; Entertainment, Media and Sports; Financial Services; Energy and Natural Resources; and Bankruptcy and Financial Restructuring practices. He focuses his practice on representing clients in all areas of complex commercial litigation, including high-stakes business disputes in state, federal and appellate courts throughout the country. Riemer is a graduate of Albany Law School (J.D., 2008) and Syracuse University (B.A., 2002).This is his second consecutive selection to the “Texas Rising Stars List.”

Williams is an associate and a member of the firm’s Litigation; Creditors’ Rights, and Appellate practices. He has experience in complex matters involving contract disputes, business torts and IP litigation. He also represents creditors on promissory notes, guarantees, unpaid accounts and the foreclosure of secured properties. He is a graduate of the University of Texas School of Law (J.D., 2008) and Tulane University (B.A., 2005). This is his second consecutive selection to the “Texas Rising Stars List.”

About Bell Nunnally & Martin LLP
With more than 50 attorneys and three decades of doing business, Bell Nunnally & Martin LLP is among the most respected business law firms in Texas, one of the 25 largest in North Texas and one of the state’s fastest-growing firms. The depth of the firm’s knowledge and breadth of its expertise sets Bell Nunnally apart. The firm provides a full range of services, including litigation, appellate law, commercial finance, corporate and securities, creditors’ rights, bankruptcy, health law, intellectual property, labor and employment, immigration, real estate, entertainment, mergers and acquisitions, estate planning, tax and white collar criminal defense. Bell Nunnally is regularly singled out as a “Go-To” firm by America’s largest companies each year in Corporate Counsel magazine. For more information, please visit www.bellnunnally.com.

 




Wisconsin Court Confirms Importance for Businesses to Timely Report Insurance Claims

Susan G. Schellinger

Susan G. Schellinger

The Wisconsin Supreme Court recently issued a decision that drives home the importance for businesses and individuals, as policyholders, to immediately report claims to their insurance company, writes Susan G. Schellinger, a shareholder in the Milwaukee office of Davis & Kuelthau.

“Even a small delay may result in a loss of coverage thereby increasing the risk that, if a claim against you is successful, you will be left to pay for the legal fees to defend the claim, along with the damages that you may be ultimately responsible for – even if your insurance policy would have paid those costs in full if you had notified the insurance company promptly,” she writes.

In the recent case of Anderson v. Aul, issued Feb. 25, 2015, the Wisconsin Supreme Court found that under a claims-made-and-reported liability policy, the policyholder’s failure to report the claim during the term of the policy resulted in a loss of coverage.

Read the story.

 




CMS Issues Final Rule Implementing SMART

The Centers for Medicare & Medicaid Services has issued a final rule implementing provisions of the Strengthening Medicare and Repaying Taxpayers Act (the SMART Act), establishing a right of appeal and formal Medicare Secondary Payer (MSP) appeals process for applicable plans, reports Carr Allison Medicare Compliance Group.

On its website, the firm says the appeals process is for situations when Medicare seeks to recover payments from applicable plans, including liability insurance (including self-insurance), no-fault insurance, and workers’ compensation laws or plans.

The firm offers some notes regarding the final rule.

Read the story.

 




Legal Counsel and Contract Management

General counsel and business lawyers often focus on the contract drafting and contract disputes. Clients, however, must work with contracts during the entire lifecycle of the agreement. Even in the best cases, important legal provisions are not tracked and monitored. In the worst cases, contracts are “filed and forgotten,” until a dispute arises.

Contract management bridges the gap between the lawyer’s carefully negotiated and drafted contract and the manager’s need for data to operate the business.

Berkman Solutions has posted a complimentary presentation about legal counsel and contract management.

Watch the presentation.

 




Protecting the Identity of LLC Members, LP Partners, Part II: Strategies for Discovery

You want to protect the identity of your business’ owners, but your opponent issued discovery requesting a copy of your organizational chart and/or information on the identities of your LLC members or LP partners. You are probably left wondering: How does my company get through this lawsuit without disclosing information on our ownership structure?

Christina Berish, a partner in Thompson Coburn’s Business Litigation Practice Group, says that while the rules of discovery in most jurisdictions are broad – most require not only the production of admissible evidence, but also the production of documents and information which could lead to the discovery of admissible evidence – there are a few strategies for safeguarding the identities of your owners.

Read the story.

 




Cameron Robinson Appointed to IAPP Young Privacy Professionals Board

Cameron E. Robinson, associate in Quarles & Brady

Cameron E. Robinson, associate in Quarles & Brady

The national law firm of Quarles & Brady LLP has announced that Cameron Robinson has been appointed to the IAPP Young Privacy Professionals Board.

The IAPP is a resource for professionals who want to develop and advance their careers by helping their organizations successfully manage risks and protect their data. They are the world’s largest and most comprehensive global information privacy community.

Robinson is a member of the firm’s Intellectual Property Practice Group and practices out of the Chicago office. He focuses his practice on software and technology, data privacy and e-commerce, as well as counseling clients on trademarks, copyrights and IT outsourcing.

Robinson received his law degree, cum laude, from Indiana University’s Maurer School of Law and his bachelor’s degree from Indiana 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.




Merrill Again Earns kCura’s Relativity Best in Service Designation

Merrill Corporation, a leading global provider of technology-enabled services for the legal, financial, health care, real estate and other corporate markets, has once again earned kCura‘s Relativity Best in Service designation.

In a news release, Merrill says the designation recognizes Relativity Premium Hosting Partners who provide an exceptional Relativity experience for end users. Relativity Best in Service partners demonstrate their expertise and experience hosting projects in Relativity. Merrill earned this designation for the first time in October 2013.

Through a voluntary audit, kCura evaluates Relativity Best in Service partners’ individual data centers in three areas: technical infrastructure, customer service, and product expertise. Additionally, Best-in- Service partners meet a set of requirements for their duration as a hosting partner, size of Relativity installations, and core Relativity certifications.

Read the story.

 




Louisiana Court Rules in Failure-to-Pay Settlement Case

Money-payment-cashWhen a party seeks penalties as a result of an insurer’s failure to pay a settlement within 30 days, the party need not prove the insurer was “arbitrary, capricious, or without probable cause” in failing to pay, according to a recent decision in the Louisiana Third Circuit Court of Appeal. That’s the analysis offered by Mark Perkins of Perkins & Associates, L.L.C., a regional defense firm serving North Louisiana and Northeast Texas.

Perkins said that’s it’s important to note that this is a Third Circuit case and may not apply to other venues in Louisiana.

However, he said, anyone confronted by a plaintiff’s attorney in Louisiana threatening penalties and attorney’s fees for failing to fund an alleged agreement within 30 days, should review:

“When a party seeks penalties as a result of an insurer’s failure to pay a settlement within 30 days, the party need not prove the insurer was ‘arbitrary, capricious, or without probable cause’ in failing to pay; rather, the party need only show that the insurer’s failure was ‘knowingly committed.’ While the compromise must be made in writing and evidenced by documentation signed by both parties, there is no requirement that the compromise be contained in a single document. However, a letter written by one party memorializing their understanding of an oral agreement was insufficient to satisfy the ‘in writing’ requirement of La. C.C. art. 3072, and thus there was no agreement of the parties triggering the penalties for non-payment set forth in La. R.S. 33:1973. Barnes v West, Third Circuit, No. CA 14-1018 (2/4/15), at www.la3circuit.org/Opinions/2015/02/020415/14-1018opi.pdf.”

The court described the case:

“The plaintiffs in this automobile accident suit settled with the plaintiff/car-owner’s uninsured motorist insurer. After the insurer allegedly failed to remit the
settlement funds within thirty days, the plaintiffs filed a motion for penalties. The trialcourt granted the motion and imposed a $5,000.00 penalty.”

 




Discovery Management Practice Inventus Acquires Unified OS

Inventus, LLC, a leading national discovery management practice to Fortune 1000 corporations, global law firms and government agencies backed by Clearlake Capital Group, L.P., has announced the acquisition of London based Unified OS Ltd. and certain of its affiliates.

In a news release, Inventus said that Unified is a leading provider of eDiscovery and managed attorney review services to Fortune 1000 corporations, global law firms and government agencies abroad. Financial terms of the transaction were not disclosed.

“Inventus’ acquisition of Unified marks its significant expansion into international markets and its focus on adding attorney review to its suite of services,” the release said. “The combined business creates an international, full legal process outsourcing (“LPO”) solution capable of servicing clients operating in multiple jurisdictions around the globe. Inventus will remain headquartered in Chicago and Trevor Campion will continue to lead the combined company as Chief Executive Officer.”

Read the story.

 




Dykema Lawyer Authors Treatise for Practising Law Institute

Mark Malven, Ann Arbor and Bloomfield Hills-based member of national law firm Dykema, has authored a treatise published by the Practising Law Institute (PLI) titled, “Technology Transactions: A Practical Guide to Drafting and Negotiating Commercial Agreements.”

As a recognized leader in the area of technology transactions, Malven was contacted by PLI to write the treatise, the firm said in a release. Fellow Dykema attorneys Kit Winter, Steve Tupper, Joanne Lax, Janet Stiven, Steve Sayre, John Guenther and Jeanne Whalen also contributed chapters on their areas of emphasis.

Presented in a streamlined fashion with an eye toward the transactions an in-house counsel or traditional IP or general practitioner is frequently asked to handle, the treatise provides the reader with the tools necessary to draft, review and negotiate technology transaction agreements while properly addressing the most important issues. It offers many practical examples, including nine different types of form agreements, numerous practice tips on how to avoid common and uncommon legal traps, and a discussion of many regulatory and privacy considerations that must be kept in mind.

Malven is the leader of the Firm’s Technology and Outsourcing Transactions practice. For more than 20 years, he has represented both customers and technology vendors, handling more than 1,000 technology transactions involving outsourcing, licensing, development, consulting, distribution, sponsored university research, manufacturing, value-added reseller, e-commerce, acquisition, and joint venture relationships. He has served as a primary negotiator for some of the largest outsourcing transactions of their kind ever undertaken, involving billions of dollars in services.

Practising Law Institute is a nonprofit continuing legal education and professional business training organization, chartered by the Regents of the University of the State of New York. PLI is dedicated to providing the legal community and allied professionals with the most up-to-date, relevant information and techniques, through seminars and workshops, live Webcasts, On-Demand learning, and published comprehensive treatises and practice-focused Course Handbooks.

“Technology Transactions: A Practical Guide to Drafting and Negotiating Commercial Agreements” is available for purchase at http://www.pli.edu/.

About Dykema
Dykema serves business entities worldwide on a wide range of complex legal issues. Dykema lawyers and other professionals in 12 U.S. offices work in close partnership with clients – from start-ups to Fortune 100 companies – to deliver outstanding results, unparalleled service and exceptional value in every engagement. To learn more, visit www.dykema.com and follow Dykema on Twitter at http://twitter.com/Dykema.




Five U.S. Alternative Fuel and Advanced Vehicle Trends to Watch

Electric car plugICF International presents a webinar discussing the post–American Recovery and Reinvestment Act (ARRA) outlook for the alternative fuel vehicles (AFV) industry and shares new trends related to plug-in electric, biofuel, natural gas, propane, and hydrogen-fueled vehicles.

ICF’s alternative fuels team discusses the top five AFV trends:

  1. Demand in the medium- and heavy-duty sectors for natural gas and propane vehicles
  2. Strong growth in plug-in electric vehicles supported by state and utility incentives
  3. Innovation and growth in biofuels resulting from compliance markets
  4. Increased awareness and adoption of third-party leasing and ownership models for alternative fueling infrastructure
  5. New approaches for fleet management

Watch the on-demand webinar.

 




Developing an Incident Response Plan

Data security onlineThe International Legal Technology Association presents a free on-demand webinar that discusses how to develop and maintain an effective data breach response program.

The webinar is sponsored by IDT911 Consulting.

“You have an effective fire prevention program, but you still wouldn’t want to be caught without an evacuation plan. Similarly, you want to augment your data security program with a plan that directs the members of your firm what to do in the event of a data breach,” the firm says on its website. “Developing such a plan involves much more than posting a document on your intranet that will (hopefully, but probably not) be remembered and followed during the crisis.”

The speaker is Deena Coffman, Information Security Officer for IDT911 and the CEO of the subsidiary IDT911 Consulting. She has broad experience with providing guidance to clients on technology, data privacy and security, electronic discovery, advanced search and data analytics.

Watch the on-demand webinar.

 




Unknowns in Methane Emissions from Shale Gas Production

Penn StatePenn State Extension has posted online a recorded webinar about the current state of knowledge of methane emissions from the production of shale gas and the importance of learning more about the effects of those emissions.

The webinar covers why we care about methane emissions into the atmosphere, including a primer on methane’s role in the earth’s climate, the current state of knowledge of these emissions, methods used to measure methane emissions from gas production, and the current research to improve our knowledge of methane emissions from gas production activities.

The presenter is Kenneth J. Davis, Professor in the Department of Meteorology and Earth and Environmental Systems Institute at Pennsylvania State University.

Watch the on-demand webinar or download the slides.

 




White Paper: Analysis of the Decision to Engage the Bid Protest Process

Construction dollar signWatson & Associates LLC has posted a complimentary white paper analyzing considerations involved in the bid protest process.

The government does make mistakes in the bidding process, the firm says on its website. However, understanding protest procedure and legal standards could help you.

The firm advises keeping in mind that the bid protest regulations can be tricky, there is never too much information for you to make a decision, and always consider getting the help of counsel.

Download the white paper.

 




Nine at Gruber Hurst Named to Rising Stars List

Nine attorneys from the Dallas litigation firm Gruber Hurst Johansen Hail Shank LLP have been named to the 2015 Texas Rising Stars list, which honors the state’s top lawyers age 40 or younger and those who have been in practice for no more than 10 years.

The annual compilation of Texas’ top up-and-coming lawyers is based on professional nominations and evaluations, combined with independent research by the staff of Thomson Reuters. No more than 2.5 percent of lawyers in Texas are named to the annual list.

The Gruber Hurst attorneys recognized for their work in business litigation are firm partners Jonathan R. Childers, Trey Crawford and Michael J. Lang, along with associates Laura M. Fontaine, Steven W. Hopkins, Bill S. Richmond, Robert E. Weitzel and David F. Wishnew. Firm associate Joshua M. Sandler also is featured based on his representation of clients in employment and labor disputes. (Read more about the nine lawyers here.)

“We’re gratified that these young attorneys continue to receive recognition for their skills in the courtroom and for their leadership and service to legal and civic organizations throughout our community,” says Mark L. Johansen, a name partner in the firm.

The honorees’ record of leadership includes Mr. Childers’ current service as President of the Dallas Association of Young Lawyers (DAYL) and Mr. Richmond’s role as President of the Dallas Asian American Bar Association. All the Gruber Hurst honorees are active participants in the DAYL and Dallas Bar Association, in addition to serving as volunteers for a variety of worthwhile groups, including the Dallas Independent School District’s Lawyers in the Classroom program, Big Brothers Big Sisters, Boy Scouts of America, and the Human Rights Initiative of North Texas.

The Texas Rising Stars list is published in the April 2015 editions of Texas Rising Stars and Texas Monthly magazines, and individual honorees are listed online at http://www.superlawyers.com/.

 




Effective Processes for Anti-Bribery and Corruption Compliance

In Part 2 of its Anti-Bribery & Corruption Webinar Series, Aruvio presents a free on-demand webinar showing the importance of an organization showing that it has a strong, defensible compliance program in place that mitigates both risk and exposure to investigations.

The distributed and dynamic nature of business makes anti-bribery & corruption compliance a challenge. Compliance must be an active part of the organization and its culture to prevent and detect corruption, bribery and fraud, Aruvio says on its website. This continuous process must be monitored, maintained and nurtured. Ultimately, the best offense is a good defense: an organization must be prepared to show that it has a strong, defensible compliance program in place that mitigates both risk and exposure to investigations, penalties and possible prosecution.

Part 2 of this webinar series examines how you can enhance your enterprise’s anti-bribery and corruption compliance.

Watch the on-demand webinar.

 




Managing Transactional Risk: How to Use Insurance Capital to Solve Deal Issues

Risk signMarsh USA offers a free on-demand webinar in which a panel of risk experts provide real-world examples of deal issues and how the insurance market can be accessed to solve them.

The topics include representations and warranties, tax and indemnity insurance, contingent liability insurance, political risk insurance for private equity investments in emerging markets, non-payment coverage for commercial contracts or debt transactions, kKey life and disability policies, environmental insurance, and environmental liability buyouts.

Watch the on-demand webinar.

 

 




How Medicare Affects Employer Health Coverage

StethoscopeBenefit Express will present a free webinar reviewing the topic of Medicare and how it can affect Employers Health Coverage offerings.

The webinar will be Tuesday, April 7, at 1 p.m. Central time.

The topics will include employer secondary rules, COBRA, notice requirements and reporting requirement.

Benefit Express Services, LLC was established in 2001. It’s a benefits administration solutions firm that provides HR professionals with the tools and services necessary to simplify the benefits administration process.

Register for the webinar.

 




Contract Lifecycle Management Buyer’s Guide

Contract with penApttus is offering a free guide to help companies choose the right contract lifecycle management solution.

Choosing the right Contract Lifecycle Management (CLM)  solution is no easy task, Apttus says on its website. While a broad array of functionality is available in the marketplace, each system has different capabilities and strengths across a range of categories.

The Apttus Contract Lifecycle Management Buyer’s Guide has information to help convince key internal decision makers and make the right decision for their company.​

Download the guide.