Boies Schiller Becomes Latest Big Law Firm to Require Vaccines

“Law firm Boies Schiller Flexner will require attorneys and staff going into its U.S. offices to be fully vaccinated, effective Tuesday. The vaccine requirement also applies to vendors entering any of the firm’s 10 offices, a firm spokeswoman told Bloomberg Law. Boies Schiller will ask unvaccinated,” reports Chris Opfer in Bloomberg Law.

“The implementation of this vaccine requirement is critical to safeguarding the health of the lawyers, staff and families in our Boies Schiller Flexner community, the firm spokeswoman said via email. Our number one priority throughout the pandemic has been the overall safety and wellbeing of our people and that consideration.”

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Frost Bank Appoints New General Counsel

“Frost Bank announced today the addition of C.E. Rhodes to its executive team as group executive vice president, general counsel and corporate secretary. Rhodes most recently was managing director and chief compliance officer at New Fortress Energy Inc. He started his legal career as a commercial litigator,” reports Frost Bank in El Paso Inc.

“Where he was a vice president and an associate general counsel for global operations. He also served as corporate senior counsel at the Akin Gump Strauss Hauer & Feld LLP law firm. He earned his juris doctorate degree from Emory University School of Law, and his bachelor of arts from the University of Virginia.”

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Wash. Supreme Court Reverses, Finds $1.7 Covenant Settlement Reasonable

“An insurer that refused a $399,000 settlement offer may have to pay more than $1.7 million because of a settlement that was made separately between its policyholder and an aggrieved customer, under a unanimous decision by the Washington Supreme Court on Thursday. The high court overturned a decision by the Court of Appeals and reinstated a judgment by a Spokane Count Superior Court judge,” reports Jim Sams in Claims Journal.

“The Court of Appeals had decided that the trial court erred by approving a covenant settlement far in excess of the actual damages. In finding an abuse of discretion, the Court of Appeals majority misapprehended parts of the record and substituted its assessment of the competing damages evaluations for the trial court’s assessment, the Supreme Court said. The American Property Casualty Insurance Association and the National Association.”

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Lawyers’ fees from $26 Bln Opioid Settlement capped at 15%, Judge Rules

“Plaintiffs lawyers eyeing big paydays from the $26 billion settlement resolving claims that the three largest U.S. drug distributors and Johnson & Johnson fueled the opioid epidemic were delivered a reality check after a federal judge capped their contingency fees at 15%. U.S. District Judge Dan Polster, the Cleveland, Ohio-based judge tasked with overseeing thousands of federal lawsuits over the epidemic, in a decision,” reports Nate Raymond in Reuters.

“But Polster said a cap on how much lawyers could earn if they enforce their fee contracts against the counties and cities that hired them was necessary to ensure money meant to help address the drug crisis was used for that purpose. The proposed deal, announced on July 21, calls for the distributors McKesson Corp, Cardinal Health and AmerisourceBergen to pay a combined $21 billion while the drugmaker J&J would pay another $5 billion.”

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Extremely Annoying Siemens Energy Ups Pressure on Wind Division

“Siemens Energy ENR1n.DE cranked up the pressure on wind turbine division Siemens Gamesa SGREN.MC on Wednesday, saying it was extremely annoying that it was forced to slash its profit outlook because of the Spanish listed unit. The comments from CEO Christian Bruch highlight the problems around the arm’s length relationship he inherited after Siemens Energy’s spin-off from,” report Christoph Steitz, Tom Kackenhoff and Isla Binnie in Reuters.

“Bruch, 51, said slow progress in tackling problems at Siemens Gamesa’s onshore business, coupled with a lack of transparency, were the main issues that needed fixing. The onshore area is absolutely not satisfying, Bruch told journalists after unveiling a net loss and 37 drop in orders for the third quarter, blaming a weak performance at Siemens Gamesa, in which Siemens Energy owns 67.

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Liverpool Goalkeeper Alisson Extends Anfield Stay with New Six-Year Contract

“Alisson has become the latest Liverpool player to sign a new long term contract with the club after extending his stay until 2027. Liverpool’s first choice goalkeeper, widely recognised as one of the finest in the world, signed a new six-year deal on Wednesday at the club’s pre season training camp,” reports Andy Hunter in The Guardian.

“He follows Trent Alexander Arnold and Fabinho, who in recent days have signed new four and five year contracts respectively, in committing his long-term future to Jürgen Klopp’s side. Alisson, signed for £65m from Roma in 2018, said I think I didn’t waste too much time to think about that. It’s something we just built in those last.

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Water Authority’s Confidential Consultant Contracts Surprised Board

“The San Diego County Water Authority is building a team of consultants but won’t explain the work they’re doing, even to its own board of directors. The Water Authority spent $167,000 on two consultant contracts since July 2019 without disclosing them to the board, which is composed of representatives from the region’s 24 water agencies. It also won’t say what a third contract that was approved by the,” reports Mackenzie Elmer in Voice Of San Diego.

“Board members’ dissatisfaction with the secrecy of the contracts some which were entered into under a rule that allows the general manager to execute contracts below $150,000 without board approval boiled over in a board meeting. One board member argued that a consultant was lobbying against her water district’s interests, and another couldn’t believe the board wasn’t alerted to the work the consultants were doing.

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Noble Secures New Drilling Contracts

“Noble Corporation has secured new contracts for its drilling units, offshore driller’s president and CEO Robert W. Eifler revealed in Q2 2021 financial update. The company, which retired two of its stacked drillships during the second quarter, has already signed three contracts for legacy Pacific Drilling,” reports Adis Ajdin in Splash 247.

“In addition to the earlier reported one-well contract with Houston-based Enven, the 2013-built drillship Pacific Khamsin has secured a new contract with Murphy Oil in the US Gulf of Mexico for an estimated 83 days to begin in November 2021. Murphy is reportedly paying $230,000 per day. The 2011-built drillship Pacific Santa Ana.

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Cravath’s 2021 Associate Exodus Tells Big Law Attrition Story

“Attrition is a top concern across Big Law and I found last week that its spike cuts evenly across a group of 10 of the most prestigious firms and the 10 best places to work, as ranked by Vault. But the prestigious firms are hiring a lot more associates this year than the best places to work, I wrote. Underneath that top line data, one prestigious firm bucked the trend Cravath, Swaine Moore,” reports Roy Strom in their Bloomberg Law.

“The Wall Street firm placed No. 1 in the Vault prestige rankings this year and last. But that hasn’t made it immune to associate attrition. In fact, associate departures at Cravath are on pace this year to rise to their highest levels since at least 2017, according to data from Decipher, which provides due diligence for Big Law hires, and Firm Prospects, which tracks law firm rosters. Cravath had seen 68 associates depart this year through Monday, the data show.”

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Governor Cooper Appoints New General Counsel

“Today, Governor Roy Cooper announced that Eric Fletcher will serve as General Counsel and advise on legal affairs for the Office of the Governor. Fletcher replaces William McKinney, who served as the Governor’s Legal Counsel from January 2017 until July 2021 and has returned to private practice. Eric’s background and extensive knowledge of North Carolina’s legal landscape make him the right person to help,” reports Wway News in their blog.

“Fletcher is a North Carolina native who most recently was a Partner at the Brooks, Pierce, McLendon, Humphrey & Leonard law firm in Raleigh where his practice focused on the intersection of law and public policy. He previously clerked for Judge Michael Boudin on the United States Court of Appeals for the First Circuit and served as an associate at the Wilmer Hale law firm. Fletcher also previously worked in the Office of the North Carolina State.”

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J&J Notches a Win in $50M Talc Lawsuit, but Tens of Thousands Still Pending

“Johnson & Johnson notched a win Friday, with a $50 million talc lawsuit rejected in Illinois however, tens of thousands of cases are still pending. J&J recently reported 34,600 talc related lawsuits have now been filed which is up from just over 20,000 last year. The Illinois case, filed in 2018 by relatives on behalf of Elizabeth Driscoll who died from ovarian cancer in 2016, sought up to $50 million,” reports Beth Snyder Bulik in Fierce Pharma.

“J&J said in a statement to Fierce Pharma Another jury, following careful consideration of the science and facts presented, has unanimously agreed that Johnson’s Baby Powder is safe, does not contain asbestos and does not cause cancer. It pointed a finger at lawyers adding the plaintiff trial bar continues to push forward its misinformation campaign to media to drive baseless and inflammatory headlines in the hopes they can force a resolution of these cases.”

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Fintech Firm Plaid Agrees to $58 Mln Deal to End Privacy Case

“Plaid Inc has agreed to pay $58 million to resolve consumers’ claims that the financial technology company obtained and used bank account credentials and financial information without consent. San Francisco-based Plaid also agreed in the nationwide settlement to change certain business practices, according to filings Thursday in California federal court made by lawyers for consumers,” reports Sara Merken in Reuters.

“Plaintiffs look forward to presenting the settlement and its benefits for consumers to the court, Rachel Geman of Lieff Cabraser Heimann & Bernstein, Christopher Cormier of Burns Charest and Shawn Kennedy of Herrera Kennedy, lawyers for the plaintiffs, said in a statement. Michael Rhodes of Cooley, lead counsel for Plaid, said in a statement the settlement resolves claims that go back to the earliest days of the company.”

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Prosecutors Reach $160M Whistleblower Settlement with Mail-Order Diabetic Testing Company

“Free glucometers, waived co-pays and claims made for dead patients. An Antioch call center whistleblower alerted the U.S. government to a bundle of Medicare false claim schemes in a suit that led this week to the largest settlement in Middle Tennessee history. Greg Goodman, 59, knew something was off when he took a call center job at a medical supply company nearly a decade ago,” reports Mariah Timms in Tennessean.

“Now retired, Goodman had worked as an account executive for investment firms but after the 2008 recession wanted to get his foot in the door of the health care industry. Even though he had little experience in the field, he felt the way the company was pushing customer service representatives to sell glucose meters and waive co-pays wasn’t normal. It did not feel right, Goodman told The Tennessean on Monday.”

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Watch Now Baby Doe Lawsuit Ends in $35 Million Settlement

“The case has taken more than four years, but the Sullivan Baby Doe opioid lawsuit has reached a settlement to the tune of $35 million. Plaintiffs and the sole remaining defendant reached a settlement agreement on Tuesday, with the announcement on Thursday at the Sullivan County Courthouse,” reports Marina Waters in Times News.

“The agreement is the largest any plaintiffs have reached with opioid producers Endo Health Solutions Inc. and Endo Pharmaceuticals. I’m pleased to have this resolved, said J. Gerard Stranch IV, the managing partner of the firm representing Baby Doe and the participating cities and counties in the case.”

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Cooper General Counsel McKinney Heads to SC Private Practice

“North Carolina Gov. Roy Cooper’s legal adviser within state government for several years has returned to a private law practice. The law firm of Haynsworth Sinkler Boyd in Greenville, South Carolina, announced on Monday that William McKinney is back with the business. McKinney was general counsel,” reports El Paso Inc. in their blog.

“Since Cooper took his gubernatorial oath in January 2017. And McKinney was special counsel to Cooper for roughly two years during Cooper’s last term as attorney general. His government career with Cooper goes back to the 2000s. As general counsel, McKinney led attorneys who offered legal strategies as Cooper issued executive orders.”

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Fastest-Growing Biglaw Firm Fennemore Strikes Again with Reilly Add

“Fennemore, the fastest growing Biglaw firm in the country, added nationally renowned Denver litigation firm Reilly LLP to its roster. The group of accomplished trial lawyers, led by Dan Reilly, has a long history of success on complex trustee and fiduciary litigation including securing a $106 million,” reports Abbi Whitaker in Nevada Business.

“Reilly served as lead counsel defending the trust and estate plan of the former Denver Bronco’s owner. Recently the trial court dismissed the claims holding the trust valid and enforceable and that the trustees had full and complete authority to administer it as written. Reilly also has always had a deep commitment to pro bono work and proudly.”

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SHAREHOLDER BRADLEY STRAWN REJOINS LITTLER TO LEAD ATLANTA OFFICE

Littler, the world’s largest employment and labor law practice representing management, today announced that Bradley E. Strawn has rejoined the firm and will serve as Office Managing Shareholder in Atlanta. Strawn will succeed Whitney M. Ferrer who will be assuming a leadership role in a new service launching later this year. Ferrer will also continue to focus on her active practice at the firm. Strawn, who joins from insurance broker McGriff, spent 2005 to 2018 at Littler and is the fourth lateral shareholder in recent months to return to the firm.

“We are thrilled to welcome Brad back to Littler. His arrival, combined with the string of talented attorneys who have rejoined the firm recently, is a testament to our culture, unique approach to client service and unparalleled strength in labor and employment law,” said Erin Webber, Littler’s managing director and president. “Brad’s time at McGriff provides him with an insider perspective on the business and operational issues facing employers that, coupled with nearly two decades in private practice, will be a significant asset to our clients. A special thanks to Whitney for her continuing leadership and contributions to the Atlanta office and firm.”

At McGriff, Strawn served as a regional operations officer and executive vice president, focusing on optimizing the corporate risk management and insurance solutions provided to clients. His responsibilities included such areas as recruiting and talent management, operational development and financial oversight. During his time at Littler, Strawn advised employers on a broad range of matters, including structuring and defending contingent workforce and independent contractor relationships; defending employment discrimination, harassment and retaliation complaints; and restrictive covenants and trade secrets litigation. He has also represented employers in complex class and collective actions involving overtime and other wage-related claims and has extensive experience before federal and state agencies, including the Equal Employment Opportunity Commission, the National Labor Relations Board and the U.S. Department of Labor.

“Brad was an integral part of our team during his prior time with us, and we couldn’t be more pleased that he is returning to the Littler family,” said Ferrer. “His legal and business background positions him well to counsel and defend employers on an array of workplace challenges. He will bring great value to our team and clients in Atlanta and beyond, as well as trusted leadership.”

“Littler is truly a special place and I look forward to rejoining my colleagues in Atlanta and firmwide, including working alongside and building on Whitney’s tremendous efforts in leading the office,” Strawn said. “So much about the world has changed since my earlier tenure at Littler, but one constant is the firm’s family-like culture, its commitment to inclusion and its ability to disrupt the status quo with groundbreaking innovation.”

Strawn received his J.D. from the Georgia State University College of Law and his B.S. from James Madison University.




Akerman LLP Expands Litigation Practice Group with Partner Brenda Radmacher in Los Angeles

Akerman LLP, a top 100 U.S. law firm, is pleased to announce that it has expanded its Litigation Practice Group with partner Brenda Radmacher in Los Angeles.

“Brenda is an extremely skilled commercial litigator, who is particularly adept at resolving complex construction disputes,” said Litigation Practice Group Chair Lawrence Rochefort. “Her wealth of knowledge for construction-industry clients will further strengthen the firm’s litigation capabilities in Los Angeles, and enhance our remarkable bench nationally.”

Radmacher focuses her practice on construction law, working as a counselor, litigator, and noted speaker on issues involving land owners, developers, general contractors, and design professionals. She has a multi-faceted practice handling litigation and providing advice and transactional counsel to her construction-industry clients. Radmacher has experience advising clients on risk management best practices, drafting critical documents, contracts, and procedures, and effectively resolving disputes.

With 25 years of experience working with construction contractors, construction managers, design professionals, developers, and owners, Radmacher’s practice emphasizes resolving complex construction disputes through negotiation, mediation, and when necessary, arbitration and litigation, on projects in California, nationwide, and internationally. Developers, construction companies, and design professionals call on her legal and negotiation expertise for issues including course-of-construction disputes, claims of construction defects, and insurance issues. She has substantial experience in building envelope, water infiltration, and mold-related claims, having counseled clients with respect to hundreds of such matters. Brenda works with her clients dealing with mechanic’s liens, payment disputes, bid protests, and contract and delay claims on both public and private projects. Radmacher has substantial experience and expertise in dispute resolution, including a background as a mediator and professor on negotiation and mediation.

Brenda also provides her clients with assistance on regulatory compliance, including issues involving California’s Prop. 65, ADA, OSHA, and employment and COVID-19 issues. Multi-national and Fortune 500 clients rely on Brenda’s knowledge and experience to navigate Prop. 65 compliance and related litigation. She also assists her construction and developer clients on employment-related concerns and issues. With the recent legalization of cannabis, she advises on issues regarding jobsite and employee compliance on construction sites, as well as in regard to the construction and renovation of facilities being used in the growth and distribution of cannabis products.

Akerman’s Los Angeles office includes 40 lawyers and consultants with a wide range of experience in real estate and land use matters, labor and employment law, consumer financial services, commercial litigation, government affairs and public policy, corporate M&A and private equity transactions, cannabis law, and intellectual property, among others.




Former Texas Supreme Court Justice, Texas Attorney General Candidate Eva Guzman joining Chamberlain Hrdlicka

National law firm Chamberlain Hrdlicka today announced that Eva Guzman, former Texas Supreme Court justice, will join the firm on August 4 as a shareholder in the firm’s litigation, appellate, and Texas tax controversy practices where she will focus on litigating cases in state and federal trial and appellate courts and resolving disputes at the administrative level. Justice Guzman will work in the firm’s Houston and San Antonio offices.

“We are very pleased to welcome Justice Guzman to our litigation team,” said Larry Campagna, managing shareholder of Chamberlain Hrdlicka. “Her extensive experience as a litigator, a trial judge, a court of appeals judge, and as a Texas Supreme Court justice make her an invaluable asset to our firm and our clients.”

Justice Guzman brings a wealth of expertise, both as a litigator and as judge, to her new role at Chamberlain Hrdlicka. She began her legal career in family and civil law, practicing in Houston for 10 years before then-Governor George W. Bush appointed her to the Family District Court bench in Harris County in 1999. In 2001, then-Governor Rick Perry appointed her to the Texas 14th Court of Appeals. In in 2009, he elevated Guzman to the Supreme Court of Texas, where she became the first Latina to serve on Texas’s highest civil court and the first to win statewide office in Texas.

Over the course of her judicial career, Guzman ruled on thousands of civil and criminal appeals and authored more than 900 opinions, many on issues of first impression. She has also served as an adjunct professor at the University of Houston Law Center, teaching trial advocacy. For many years, she has been a speaker and presenter at state and national legal conferences and symposiums. An elected member of the prestigious American Law Institute, Guzman has collaborated with other legal professionals on various studies and projects and authored articles for a number of legal publications.

Guzman graduated from the University of Houston with a bachelor’s degree in business administration. She received a law degree from the South Texas College of Law. She also holds an LL.M. in Judicial Studies from Duke University School of Law, where she took classes from United States Supreme Court Justices Antonin Scalia and Samuel Alito.

Guzman has received many honors and awards for her professional and community achievements, including the following:
• Luther H. Soules II Award for Excellence in Litigation, State Bar of Texas Litigation Section (2021);
• Pro Bono Excellence Award, Lone Star Legal Aid (2020);
• Honored for Achievement and Innovation in Work with Children and Families, Texas CASA (2020);
• Lifetime Achievement Award, Hispanic Bar Association of Houston (2016);
• Appellate Judge of the Year Award, Texas Association of Civil Trial and Appellate Specialists (2016);
• Guardian of Justice Award, Texas Legal Services Center (2016);
• Outstanding Judicial Service and Leadership Award, Houston Bar Association Appellate Practice Section (2016);
• Outstanding Texas Leader & induction to the Texas Leadership Hall of Fame, John Ben Shepperd Public Leadership Institute (2015);
• Modern Trailblazer Award, Association of Women Attorneys (2014);
• Premier Women in the Law Award, Association of Women Attorneys (2014);
• Pathfinder Award, Texas Women Lawyers (2012);
• Las Primeras of Texas Recognition, Hispanic National Bar Association (2011);
• Pioneer Award, Institute of Hispanic Culture (2010);
• Judge of the Year Award, Mexican American Bar Association of Texas Foundation (2009);
• Latina Judge of the Year Award, Hispanic National Bar Association (2009);
• Recognized for Outstanding Service in the Community, Mexican-American Bar Association (2009);
• President’s Awards for Outstanding Service, Houston Bar Association (2006, 2008); and
• Distinguished Faculty Recognition, Houston Bar Association (2000-2005, 2007).




Fort Worth Attorney Seth McCloskey Receives Board Certification in Personal Injury Trial Law

FORT WORTH – Seth McCloskey, a personal injury lawyer at the Law Offices of Steven C. Laird P.C., recently earned Board Certification in Personal Injury Trial Law by the Texas Board of Legal Specialization. He also holds a national certification in truck accident law from the National Board of Trial Advocacy, a designation he shares with firm founder Steven C. Laird. Together, the attorneys are only two of 10 lawyers in the state of Texas to specialize in this area of law.

To earn board certification, an attorney must be licensed for at least five years, devote a required percentage of practice to a specialty area for at least three years, attend continuing education seminars, pass an evaluation by fellow lawyers and judges, and pass a six-hour written examination.

“When a client is looking for representation, they want someone who has a solid understanding about a specific area law. Seth is an attorney who has and continues to demonstrate that expertise to clients,” said Mr. Laird. “His Board Certification in personal injury law now places him among a prestigious group of lawyers who have earned this elite level of recognition. We congratulate him on this great achievement.”

Prior to joining Laird, Mr. McCloskey worked as a felony prosecutor in the Ellis County & District Attorney offices. He later went into private practice where he represented individuals and families in cases involving serious injury or death. His extensive experience in truck accident law also allows him to be a frequent speaker at industry and legal trade events throughout the country.

Mr. McCloskey is a member of The National Trial Lawyers “Top 40 Under 40.” In 2019 and 2020, he was selected to the Texas Rising Stars listing by Thomson Reuters. He earned his law degree from the University of Toledo and is a graduate of Stephen F. Austin State University.

“This is a personal milestone,” said Mr. McCloskey. “Being board certified will ensure that our clients know they are getting the best legal representation available, whether it be a trucking collision or other serious injury case.”

Board Certification is offered in 21 specific areas of laws. Initial certification is valid for five years. To remain certified attorneys and paralegals must apply for recertification every five years and meet substantial involvement, peer review and continuing legal education requirements for their specialty area.