Attorney-client privilege, in-house experts, and A312 Performance Bond best practices are the diverse subjects of in-depth analysis in the fourth-quarter 2021 edition of the Defense Counsel Journal (DCJ), published by the International Association of Defense Counsel (IADC).

Including introductions by IADC President Spencer H. Silverglate, who opines on the importance and value of IADC member engagement, and by IADC member and DCJ editor Christopher B. Parkerson, who champions the need for civilized debate and respect for opponents in society, the IADC’s fourth-quarter 2021 DCJ is available for free and without a subscription via the IADC’s website at https://www.iadclaw.org/documents/?CategoryId=4.

Frequently and favorably cited by courts and other legal scholarship, the DCJ is a quarterly forum for topical and scholarly writings on the law, including its development and reform, as well as on the practice of law in general. DCJ articles are written by members of the IADC, which is a 2,500-member, invitation-only, worldwide organization that serves its members and their clients, as well as the civil justice system and the legal profession.

Following are brief summaries of the articles included in the fourth-quarter 2021 issue of the DCJ:

“Center of the Circle: In-House Counsel, the Crime-Fraud Exception and ‘Reasonable Suspicion’ ” by Mark J. Fucile, co-founder of Fucile & Reising LLP – The article reviews the body of law surrounding in-house lawyers and attorney-client privilege and addresses the various issues faced by in-house counsel as it relates to the crime-fraud exception.

“Turning the Tables: Non-Retained Experts for Defendants” by Stephen P. Huwe, counsel, and Chad R. Hutchinson, a Member, at Butler Snow LLP – The piece analyzes the rules, privilege consequences, and best practices concerning disclosure of current or former employees as non-retained experts.

“The A312 Performance Bond is Not a Blank Check” by Bruce Kahn, senior vice president at Berkley Surety, A Berkley Company, and David W. Kash, a partner at Koeller Nebeker Carlson & Haluck, LLP – The article covers the rights, obligations, and responsibilities of the surety and obligee for an A312 Performance Bond, and reviews several cases addressing these issues.

The IADC is the preeminent invitation-only global legal organization for attorneys who represent corporate and insurance interests. Founded in 1920, the IADC has members who hail from six continents, 49 countries and territories, and all 50 U.S. states. The core purposes of the IADC are to enhance the development of skills, promote professionalism, and facilitate camaraderie among its members and their clients, as well as the broader civil justice community. For more information, visit www.iadclaw.org.

AUSTIN (November 1, 2021) — Perkins Coie is pleased to announce that Valeska Pederson Hintz has joined the firm’s Emerging Companies & Venture Capital (ECVC) practice as a partner in its growing Austin office. Valeska has spent most of her legal career in Silicon Valley advising emerging growth companies, investment banks, and venture capital and private equity firms. Her addition also expands the firm’s thriving ECVC practice in Austin.

Valeska’s practice focuses on the areas of corporate and securities laws, including venture financings, initial public offerings, tender offers, corporate governance, M&A transactions, SPAC transactions, and general corporate representation on behalf of public and late-stage private companies. With a breadth of experience in the technology and biotechnology fields, Valeska is highly attuned to the business and legal challenges that emerging growth companies routinely face. Valeska has worked with companies in a wide array of industries, including software, media and AdTech, biotechnology, semiconductor, blockchain, and social networking.

“Valeska’s familiarity with guiding innovative technology companies and entrepreneurs will be highly valuable to our sophisticated clients as they increasingly adopt technology-related platforms and applications,” said Troy Foster, co-chair of Perkins Coie’s Emerging Companies & Venture Capital practice. “Valeska will deepen the range of legal counsel we can provide to clients in Austin and beyond, and we’re excited to welcome her to the team.”

In addition to general corporate work, Valeska also provides guidance on evolving blockchain technologies and startups. She provides counsel on non-fungible tokens, token offerings, cryptocurrency regulation and adoption, and risk mitigation strategies in connection with M&A transactions.

“Valeska joins our Austin office as we continue to scale to meet client demand for our legal services—particularly in the tech sector, emerging companies and venture capital sector, and for patent and IP law,” said Jose Villarreal, Perkins Coie’s Austin office managing partner. “Valeska is committed to her practice and clients and we’re thrilled that an attorney of her caliber and background has joined our ECVC practice and expanding Austin office.”

Perkins Coie’s continued growth in Austin will shortly see the firm moving into a state-of-the-art office space at 405 Colorado Street, a new, trophy-class office building located in the heart of the city’s downtown business district.

Valeska joins Perkins Coie from Lowenstein Sandler LLP, where she was a partner in the firm’s Silicon Valley office. She also previously practiced at Wilson Sonsini Goodrich & Rosati and Latham & Watkins LLP. Valeska holds a J.D., cum laude, from Fordham University School of Law, and a bachelor’s in business administration, cum laude, from The University of Texas at Austin.

Perkins Coie is a leading international law firm that is known for providing high-value, strategic solutions, and extraordinary client service on matters vital to our clients’ success. With more than 1,200 attorneys in offices across the United States and Asia, we provide a full array of corporate, commercial litigation, intellectual property, and regulatory legal advice to a broad range of clients, including many of the world’s most innovative companies and industry leaders as well as public and not-for-profit organizations.

Some legal professionals have shied away from active learning solutions because they believe it will interrupt workflows or do not have agreement on active learning with the opposing party. But the technology is gaining ground in some law firms and legal departments where it’s used in the background as an assistant to augment and improve existing processes.

Join IPRO Customer Success Manager, Andie Petersen and Director of Customer Success, Krista Schmidt, for a webinar on November 17 with Women in eDiscovery as they present multiple use cases for Active Learning in eDiscovery, how to successfully incorporate the solution into your workflow, and tips and tricks for using it to gain higher quality results.

Duane Morris Special Counsel Jason E. Boatright Appointed to the Texas Board of Disciplinary Appeals

DALLAS, November 1, 2021—Duane Morris special counsel Jason E. Boatright has been appointed to the Texas Board of Disciplinary Appeals. Boatright is a member of the firm’s Trial Practice Group and is based in its Dallas office. The Texas Board of Disciplinary Appeals is a statewide independent adjudicatory body of 12 attorneys appointed by the Supreme Court of Texas to hear certain attorney discipline cases and to promote consistency in interpretation and application of the Texas Disciplinary Rules of Professional Conduct and the Texas Rules of Disciplinary Procedure. Boatright’s three-year appointment will expire on August 31, 2024.

Boatright practices in the area of litigation. He has held senior legal positions in Texas’ state government in both Dallas and Austin. Boatright is a former justice of the Texas Fifth District Court of Appeals, the appellate court that reviews trial court decisions in Collin, Dallas, Grayson, Hunt, Kaufman and Rockwall counties. Previously, he was director of the general counsel section of the Texas Railroad Commission, the agency that regulates the Texas oil and gas industry. Boatright was also director of the state Office of the Attorney General’s Opinions Division, which issues official written legal opinions to government officials on the meaning of state laws and regulations. He writes frequently on the Texas Constitution and the history of Texas laws and regulations.

Boatright is a graduate of the University of Texas School of Law (J.D., 2003) and Middlebury College (B.A., 1998).

About the Texas Board of Disciplinary Appeals
Since 1992, the Texas Board of Disciplinary Appeals has heard and decided over 64,000 disciplinary matters including grievance screening decisions (classification appeals) by the State Bar of Texas Chief Disciplinary Counsel’s Office, appeals from District Grievance Committee evidentiary panels, petitions to revoke probated license suspensions, compulsory discipline cases, reciprocal discipline cases and disability cases.

About Duane Morris
Duane Morris LLP provides innovative solutions to today’s multifaceted legal and business challenges through the collegial and collaborative culture of its more than 800 attorneys in offices across the United States and internationally. The firm represents a broad array of clients, spanning all major practices and industries. Duane Morris has been recognized by BTI Consulting as both a client service leader and a highly recommended law firm.

“Big Law bonus season is nigh, and firms are getting ready to throw higher amounts of money at some associates than they did last year even after giving them two seasonal awards and a base salary bump earlier in 2021. Annual bonuses will likely match last year’s scale of $15,000 to $100,000, though,” reports Ruiqi Chen in Bloomberg Law.

“Some lawyers will see special bonuses on top of that, as partners seek to reward increasingly overworked associates who carried the load for firms during another year of record profits. One thing firms have started to realize is that there’s no bottom, said Stephanie Ruiter, a director at legal recruiter Lateral Link There’s always going to be a firm.”

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“Hilco Global is pleased to announce that Sarah Baker has been promoted to Deputy General Counsel at Hilco Global effective immediately.  In this new role, Ms. Baker will continue to report directly to Eric Kaup, Executive Vice President – General Counsel, adding new responsibilities and direct reports that,” reports PR Newswire in their blog.

“Ms. Baker has been with Hilco since 2018, having most recently served as Vice President and Assistant General Counsel. In her new capacity, Ms. Baker’s responsibilities will include companywide legal support for compliance, insurance, and human resources, in addition to her current duties supporting Hilco Merchant Resources, Hilco.”

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“On October 15, 2021, Astellas Pharma U.S., Inc., reached an $18 million settlement for alleged False Claims Act violations. The Relator, a former executive of a network of regional drug wholesalers, alleged that the company underpaid manufacturer rebates under the Medicaid Drug Rebate,” reports Thomas Sullivan in Policy & Medicine.

“In November 2014, the Relator filed a qui tam lawsuit alleging that the Covered Conduct took place from October 1, 2007, through March 31, 2016. According to the settlement, Astellas was required to report the Average Manufacturer Price (AMP) for each of its covered outpatient drugs to the Centers for Medicare and Medicaid.”

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“It’s no easy feat to rook securities settlement administrators, whose job, after all, is to make sure that money from settlement funds gets paid out only to investors with legitimate claims. But according to a newly unsealed indictment and simultaneous U.S. Securities and Exchange Commission complaint,” reports Alison Frankel in Reuters.

“Three alleged fraudsters managed to extract no less than $40 million over the last seven years by filing false claims on behalf of three fake institutional investors. The defendants Joseph Cammarata, Erik Cohen and David Punturieri, as well as their purported claims aggregation firm Alpha Plus Recovery allegedly went to extraordinary.”

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“Whether it’s 100% deserved or not, Biglaw has an unfortunate reputation. Like, you go to law school to save the turtles, but the Biglaw money is so good and the student loans so bad that you wind up graduating and working for Wolfram & Hart defending Goliath Corporation over their latest oil spill,” reports Kathryn Rubino in Above The Law.

“The truth is there’s a lot of money on the table and it can be difficult to turn that down, so maybe you compromise a little of the kind of work you imagined doing when you applied to law school. But the good news is that some Biglaw firms are doing the work to do good and now there’s a ranking to see how the firms’ efforts stack up.”

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“Ryan Whalen, who recently served as a partner at Gusrae Kaplan Nusbaum PLLC, has over twenty years of experience as a litigator with a national practice, counseling clients faced with complex business disputes.  Serving as lead counsel, he has tried dozens of cases before federal and state courts,” reports Globe News Wire in their blog.

“Across the country, and arbitral tribunals including FINRA.  He regularly handled securities litigation, financial disputes, corporate governance director and officer litigation, breaches of fiduciary duty, fraud, professional malpractice, employment law, and whistle-blower claims. Mr. Whalen has represented investment banks, hedge.”

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“Nearly five years after Joe Arpaio was voted out as sheriff of Arizona’s most populous county, taxpayers have covered one of the last major bills from the thousands of lawsuits the lawman’s headline-grabbing tactics inspired and the overall legal tab has hit $100 million. Officials in Maricopa,” reports Jaques Billleaud in Border Report.

“Home to Phoenix, agreed last week to pay $3.1 million to cover the county’s portion of a settlement with a restaurant owner who alleged Arpaio defamed him and violated his rights when raiding his businesses. The payout boosted the cost stemming from the Republican sheriff’s six terms to $100 million for attorney fees, settlements.”

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“Geisinger will pay more than $18 million in civil litigation after it reported claims to Medicare for hospice and home health services over a six-year period that violated Medicare rules and regulations, the Department of Justice (DOJ) announced on Monday. The United States Attorney’s Office for the Middle,” reports The Daily Item in their blog.

“As part of a routine self-audit, Geisinger uncovered billing deficiencies related to home health and hospice services from 2012 to 2017, Geisinger officials said in a statement Tuesday morning. We promptly took corrective action, notified the federal government and cooperated fully with the government leading up to this settlement.”

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Washington, D.C. – Parker Poe Adams & Bernstein LLP is pleased to announce that Fabian Walters has joined the firm as a partner in Washington, D.C. Fabian concentrates his practice on public finance and corporate law, and he is deeply involved in the greater D.C. community.

Fabian has significant experience advising on public finance transactions involving tax-exempt and taxable debt, infrastructure and real estate transactions, affordable housing and community development finance, and other complex finance transactions in which he counsels issuers, banks, other institutional lenders, developers, and public and private borrowers.

In addition, Fabian has extensive experience with U.S. Securities and Exchange Commission (SEC) rules and regulations, as well as general corporate advice. He has also assisted nonprofit and faith-based organizations, foundations, and professional associations with all of their legal needs, from formation to ongoing governance counsel.

Fabian serves on the Advisory Council on Business Law for the Washington College of Law at American University. He is a former board member of Itineris, a nonprofit that serves adults on the autism spectrum in the Baltimore region. He is also a former board member of the Monumental City Bar Foundation. It is the philanthropic arm of the Monumental City Bar Association, which has a long history of advocating for African American attorneys and interests in Baltimore.

Additionally, Fabian has co-chaired the Diversity Committee for the Maryland State Bar Association’s Young Lawyers Section. He has also served on the board of trustees for the Baltimore Collegiate School for Boys.

“We are thrilled to have Fabian join us as part of our strategic growth in the nation’s capital,” Managing Partner Tom Griffin says. “He strengthens our full-service office in Washington, D.C., and our nationally ranked Public Finance Group. He also epitomizes our firm’s commitment to serving our communities. Clients across industries and our footprint will benefit from Fabian joining our team.”

About Parker Poe

Parker Poe Adams & Bernstein LLP has more than 230 lawyers in eight offices in North Carolina, South Carolina, Georgia, and Washington, D.C. The firm provides legal counsel to many of the largest companies and local governments in the Southeast.

Parker Poe is a member of two leading international legal networks: TerraLex and the Employment Law Alliance. TerraLex and the ELA have chosen Parker Poe to help guide clients through the challenges of global business.
For more information, please visit www.parkerpoe.com.

“Blackstone CEO Stephen Schwarzman warned Tuesday that high energy prices will likely set off social unrest around the world. We’re going to end up with a real shortage of energy. And when you have a shortage, it’s going to cost more. And it’s probably going to cost a lot more, the private equity,” reports Matt Egan in CNN Business.

“US oil prices climbed above $85 a barrel on Monday for the first time in seven years. Gas prices continue to creep higher, nearing $3.40 a gallon nationally, according to AAA. Natural gas prices have likewise skyrocketed, especially in Europe and Asia, prompting the shutdown of factories. You’re going to get very unhappy people around.”

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“Mike Perry has joined the roster at Bare Knuckle Fighting Championship. The veteran welterweight has officially inked a multi-fight deal to join the bare-knuckle boxing promotion after spending the past five years as part of the UFC roster. BKFC officials confirmed the news to MMA Fighting on,” reports Damon Martin in MMA Fighting.

“Terms of Perry’s contract were not disclosed, and his management firm First Round Management did not immediately respond to a request for comment. At the press conference for the Contender Series, UFC President Dana White told reporters Perry’s UFC contract expired and wished him well on his next venture.”

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“Every holiday season, companies need people to work seasonal jobs in the retail and hospitality industries, but the need is also great for seasonal contract workers. Companies are looking for seasonal contract workers to help with IT security, E-commerce, and pandemic-related tasks at schools,” reports Aaron Cantrell in News Channel 5.

“Experts report the demand is so high workers have the upper hand. They can ask to work from home and ask for a higher pay. Last year, 54% of companies reported they were looking for end of the year contract workers. This year, 74% of companies in a new survey tell talent solutions firm Robert Half they’re looking for end of the year.”

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“Reps. Chellie Pingree and Jared Golden, both Maine Democrats, and Reps. Peter Welch, D-Vt, and Annie Kuster, D-N.H., on Monday sent a letter to chief executives of Danone regarding the company’s decision to terminate its contracts with 89 organic dairy farms in Maine and across the Northeast,” reports The Fence Post in their blog.

“By all accounts, your decision to sever the contracts of these 89 farms was one based solely on maximizing profits, regardless of the devastating consequences for the families and communities you cast aside and despite the reputational benefits and profit you gleaned from their work, the letter read. Clearly, your 2020 corporate.”

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“Biglaw bonus season is nearly upon us, and the lateral market is hot, hot, hot. Associates are expecting bigger and better year-end bonuses than ever before, and they know if they don’t receive them, they’ll be happily welcomed at another firm that may be more willing to show them the money,” reports Staci Zaretsky in their Above The Law.

“As far as special bonuses are concerned, however, associates don’t think they’ll be seeing them again. We released the results of our annual bonus survey just yesterday, and a little more than 55% of respondents reported that they do not believe any additional special bonuses will be offered. One firm just decided to blow associates expectations.”

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“Ygrene, one of the nation’s leading property improvement financing providers, announced today that John Apostle has been appointed as General Counsel. In this role, Apostle will oversee all legal and compliance matters, providing strategic guidance to the Executive Leadership Team and Board of Directors,” reports Business Wire in their blog.

“Apostle joins Ygrene after 30 years working in the financial services, investments, and insurance industry. Previously, he spent time in private practice in addition to working for SunTrust Bank, GE Capital, and Genworth Financial, developing a holistic view of business best practices. Apostle is an expert in implementing meaningful.”

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“Insurance company United Health filed a lawsuit against TeamHealth, one of the country’s largest emergency services staffing companies, alleging that the company’s systematic upcoding has led to more than $100 million worth of overcharging. Filing the lawsuit in Tennessee’s federal district,” reports Kara Grant in Med Page Today.

“UnitedHealth charged that TeamHealth has covertly and methodically engaged in a form of healthcare fraud called upcoding, wherein healthcare providers submit a claim to an insurer using a Current Procedural Terminology (CPT) code that misrepresents and, more importantly, overvalues the services provided in the emergency room.”

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