App Store Antitrust Litigation, Developers Tout $100M Settlement in Bid for Final Approval

“Last Friday, app developers engaged in a class action with Apple Inc. concerning allegations that the company maintains unfair leverage as the sole iOS app intermediary, standing between developers and customers, pushed for final approval of their $100 million settlement. The motion said that so far,” reports Christina Tabacco in Law Street.

“The administrator has received about 8,200 claims of the 67,440 application developer accounts identified, only one class member has objected, and Apple’s concerns about counsel’s fee request are misguided. Last November, the court granted preliminary approval to the settlement, which he parties agreed to while class certification briefing.”

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Walgreens Agrees to Pay Florida $683 Million to Settle Lawsuit

“Walgreens has agreed to pay the state of Florida $683 million to settle a lawsuit claiming the drugstore chain helped fuel the state’s opioid crisis, the company announced last week. The settlement includes $620 million to be paid over 18 years and a one-time payment of $63 million for attorneys’ fees,” reports Kate Santich in Leader Telegram.

“As the largest pharmacy chain in the state, we remain focused on and committed to being part of the solution and believe this resolution is in the best interest of all parties involved, said Danielle Gray, executive vice president and global chief legal officer for Walgreens Boots Alliance, the chain’s parent company. Our pharmacists are dedicated.”

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Crayhill Capital Management Names Shlomi as General Counsel

“Shlomi will be responsible for all legal matters and processes across the firm. This will include leveraging his deep expertise to work alongside Crayhill’s investment team to manage the full spectrum of deal documentation that supports the firm’s investment activities,” reports ABL Advisor in their blog.

“Prior to joining Crayhill, Shlomi was an attorney at Akin Gump Strauss Hauer & Feld LLP from 2012 to 2022. At Akin, Shlomi focused on commercial real estate transactions, including the acquisition, sale, development and financing of real estate and real estate-based assets. He advised a variety of clients in the real estate industry, including investment funds, home office and individual investors, REITs, commercial developers, and institutional lenders.”

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Sequoia, Andreessen Horowitz, a Saudi prince, and other investors have agreed to pour $7.1B into Elon Musk’s deal for Twitter

“A group of private investors spanning Sequoia Capital, Brookfield, Binance, Oracle co-founder Larry Ellison, and the Qatar Investment Authority have collectively agreed to drop $7.1 billion into Elon Musk’s deal for Twitter, according to a new disclosure filed with the SEC earlier today.,” reports Jessice Mathews in Fortune

“In total, 19 investors or firms have agreed to make an equity investment in Twitter as Musk moves forward with plans to take it private, including Saudi Prince Alwaleed Bin Talal Bin Abdulaziz Alsaud, who has agreed to maintain his 34.9 million shares in the company (that will equate to roughly $1.9 billion once the deal closes).”

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Trump Supporter’s $25m Defamation Lawsuit Against Alec Baldwin

“A Trump supporter whose Marine brother was killed in Afghanistan has had her $25million defamation case against Alec Baldwin dismissed after she claimed the actor instigated online harassment against her,” reports Jack Newman in Daily Mail

“Roice McCollum said she received threatening and hateful messages after the star reposted a crowd photo she had taken during the January 6 rally in support of Donald Trump, accusing her of being a rioter.”

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JPMorgan Lawsuit Against Tesla Unlikely to Yield Quick Ruling

“A U.S. judge on Wednesday said he saw no reason to rule quickly in favor of JPMorgan Chase & Co (JPM.N) as it sues Tesla Inc (TSLA.O) over Elon Musk’s 2018 tweet that he might take the electric car company private,” reports Luc Cohen in Reuters

“JPMorgan sued Tesla for $162.2 million in November 2021, saying Tesla breached a 2014 contract related to stock warrants it sold to the bank, and which JPMorgan believes became more valuable because of Musk’s tweet.”

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Kontoor Hires New General Counsel

“Kontoor Brands Inc. said Monday that it has hired Tom Doerr as general counsel and corporate secretary, effective June 6. Doerr succeeds Laurel Krueger, who resigned from those duties on Aug. 27,” reports Richard Craver in Journal Now

“The position of general counsel and secretary is a named top-five executive management post for Kontoor. Krueger received in fiscal 2021 $323,290 in salary and total compensation of $1.09 million. Doerr joins Kontoor from The Manitowoc Co. Inc. where he served in the same management roles since November 2017.”

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Columbia Awarded $185 Million in Patent-Infringement Lawsuit

“Columbia University was awarded slightly over $185 million in damages Monday by a federal jury that found that NortonLifeLock Inc. willfully and literally infringed two patents related to groundbreaking cybersecurity safeguards invented by Columbia professors, according to a press release from the university,” reports Marjorie Valbrun in Inside Higher ED

“The award was the result of a unanimous verdict stemming from a two-week trial in the U.S. District Court for the Eastern District of Virginia. Columbia brought the case in December 2013. The jury awarded the university $185,112,727 in reasonable royalties on the two patents through Feb. 28 of this year, the press release said, adding that the “finding of willful and literal infringement means the Court also has discretion” to triple the actual or compensatory damages.”

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What Police Can Learn from the Johnny Depp Lawsuit Trial

“Johnny Depp’s United States defamation trial against his ex-wife Amber Heard started on April 16. The trial is supposed to last six weeks and, just like a movie, is already full of twists, turns, suspense and drama,” reports Joshua Lee in Police1

“In 2012, Depp and Heard started dating. In 2014 they were engaged, and in 2015 were married. But by 2016, Heard filed for divorce stating irreconcilable differences. Soon after, Heard filed an order of protection saying Depp emotionally, verbally and physically abused her. Heard wrote an op-ed for “The Washington Post” speaking out against violence against women and the price they pay for speaking up against men.”

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As Legal Tech Attracts Big Investors, Should GCs Follow Suit?

As legal tech attracts big investors, should GCs follow suit?
Ian Nolan, CEO of Brightflag (https://brightflag.com/)

The enthusiasm for legal tech is surging. As TechCrunch (https://techcrunch.com/2022/03/16/legal-tech-startups-bringing-law-order-to-fragmented-industry/) noted in March, venture capital funding into legal tech topped $1 billion last year, a record amount, and the dollars keep coming.

Legal tech isn’t new, but it is drawing the attention of many in-house legal leaders seeking new ways to control expenses, maximize limited resources, and free up time for more strategic planning. But with numerous legal tech options available — and surely more coming — where should decision-makers begin in assessing which solution is right for them?

The process begins by identifying the problems you want to solve. Technology may not be the best answer. Technical features are only relevant if they suit your business needs. Clarify your goals, then turn to examining features and laying the groundwork for what’s needed for success.

Zero in on your specific needs

Starting out, make sure you’re not buying a technology solution in search of a business problem. Instead, identify your organization’s objectives and the challenges the legal team faces in meeting those objectives. Pinpointing your needs helps determine whether technology solutions can deliver benefits and, if so, how.

Cost control (https://brightflag.com/legal-operations/) is often a top strategic mandate. Organizations scrutinize how legal work is allocated and resourced. Outside counsel services are typically the most significant expense category, aside from in-house staff salaries, within most corporate legal departments.

Modern e-billing and matter management solutions can help clarify the return on each investment. A granular look into who is doing what work and for how long, both internally and externally, compared with last month and last year can yield deep insights into spending and guide future decision-making. Data-driven insights on pricing, billing guideline compliance, timekeeper breakdown and other matters can give in-house legal teams the ability to objectively compare law firms and determine which ones provide the best value.

Another common need for corporations is handling the large volume of contracts. Contract lifecycle management and e-signature software can improve how sales deals, nondisclosure agreements and other contracts are created, negotiated and stored.

Prioritize these key capabilities

When examining features, understand which are a “must-have” versus a “nice-to-have.” As you narrow your list of potential providers, confirm which have the essential features to meet your objectives.

A handful of features from a solution provider are worth particular note, whether they involve the technology itself or vendor support.

The importance of analytics can’t be overstated. Legal operations software can move decision-making from hunches based on anecdotal evidence to insights based on data. Newly gained transparency can leave the era of “black box” expenditures – and the resulting uncertainty over what equates to value in legal spend – behind.

Automation can save time and help preserve morale. Automatic invoice intake allows attorneys to spend more time on strategic endeavors rather than on this mundane, repetitive and yet necessary task. A solution with artificial intelligence adds to the time-saving benefit because AI can help drive the analytics: surfacing more insights, sooner.

A centralized system of record empowers greater collaboration. Files sent back and forth over email between in-house legal teams and outside vendors are easy to overlook or misplace and can create problems or confusion among document versions. A legal tech solution can provide a portal shared by all stakeholders while allowing the in-house legal team to take ownership of the process and results.

A structured process for onboarding provided by the vendor helps employees, and by extension, the organization make the most of the solution. Frontline users will need training and support during the transition to see how the technology fits into their everyday needs. As they gain knowledge and confidence, they gain trust in the solution and what it can provide.

Establish a culture of innovation

Once you’ve identified your objectives and the providers whose solutions meet your needs, some groundwork is necessary to set your initiative up to succeed. Establish buy-in from the general counsel and other senior executives, and task someone with the accountability for driving change.

The in-house legal team needs to feel a mandate coming from top leadership. When the team adopts a culture of innovation and understands that efficiency is the new expectation, legal tech can yield greater insights than what a tepid, perfunctory acceptance of just another piece of software can obtain.

What drives change management initiatives, according to Deloitte’s 2021 State of Legal Operations Survey, (https://www2.deloitte.com/content/dam/Deloitte/us/Documents/finance/state-of-legal-operations-survey-2021-updated.pdf?id=us:2el:3dp:wsjspon:awa:WSJRCJ:2022:WSJFY22) is the support of senior executives. Nearly 60% of respondents to the survey cited lack of adoption and change management as their biggest worries related to technology.

A tool is only as useful as it is used. Top leadership reinforces expectations — for the solution and staff.

A final step is to establish the person or people who can champion the initiative. With the full support of the general counsel, the champions can lead the initiative but also be the team held accountable for its success.

A legal operations team (https://brightflag.com/legal-operations/) can be a good fit for this role. CLOC’s 2021 State of the Industry Survey (https://cloc.org/2021-state-of-industry-survey/) notes continued growth in the prevalence of legal operations teams, which help streamline work processes, uncover data-driven insights and drive strategic planning. If your legal department lacks a legal operations team, the foray into legal technology may be an advantageous time to create one.

The pandemic, inflation and an uncertain economic outlook adds more pressure to legal departments to better collaborate and control costs. But pitfalls await legal teams that rush into a legal tech solution. A better approach is to take the time to clearly identify your specific needs, find the solution provider with the best technology to meet those needs and ensure executive buy-in. Legal tech can help save time and identify value but also unlock insights into objective decision-making.

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About the author
Ian Nolan is the CEO and co-founder of Brightflag, (https://brightflag.com/) the AI-powered legal spend management and matter management platform. From coding his school’s first website to producing radio news segments, Nolan was already a lifelong builder before breaking into the legal technology field. After several years spent growing a software development firm focused on legal practice management, Nolan founded Brightflag with a desire to fundamentally change the systems and incentives connecting law firms and their corporate clients.




Tech Patent Applications Rise in Taiwan: Intellectual Property Office

“By definition, a patent is an exclusive right granted for an invention of a novel approach to a problem. It’s the latest in innovation and as such can be a measure of how much technology is progressing. Taiwan’s patent applications show stronger numbers compared to last year’s first quarter. Under Taiwan law, patents are categorised into three groups – invention, utility model and design. Invention patents are considered the most important in terms of new technology ideas,” reports Open Go Vasia.

“In the first quarter, a total of 12,534 invention patent applications were filed, up by 5% from a year earlier according to the Intellectual Property Office (IPO) under the Ministry of Economic Affairs. Moreover, the number of applications from foreign applicants rose by 10% to 7,837, and the number of applications from local applicants fell to 4,697 from 4,742, the office said. The number of invention, utility model, and design patents filed in Taiwan hit 17,498 in the first quarter, up by 2 per cent from a year earlier, according to the office.”

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Mike Cannon-Brookes Buys Up AGL Shares in Bid to Block Energy Giant’s Demerger

“AGL Energy, Australia’s biggest electricity generator, says it remains determined to pursue its plan to split despite a bid for a blocking stake by technology billionaire Mike Cannon-Brookes. In a second tilt at the company in three months, Cannon-Brookes bought 11.28% of the AGL shares through his,” reports Peter Hannam in The Guardian.

“We have purchased this substantial interest in the company because we fundamentally believe there can be a better future for AGL, Cannon-Brookes said in a letter to AGL. A future that delivers cheap, clean and reliable energy for customers. A future that accelerates the transition to net-zero, and a future that creates opportunities for AGL.”

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Reviewing Raiders’ Biggest Off Season Contracts

“The Las Vegas Raiders have been one of the most active organizations this NFL offseason thus far. Between free-agent signings, trades, and contract extensions, Las Vegas has dealt some serious cash since the end of the 2021 season, and that can be much attributed to the decisions of new General,” reports Aidan Champion in Fan Nation.

“Raiders star edge rusher Maxx Crosby was the first member of the Silver and Black to be offered a significant contract this offseason. The 2021 Pro Bowler was dealt a contract extension worth $98.98 million over four years last month. He was offered $95 million in new money with $53 million guaranteed. Crosby was more than deserving.”

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The Contractual Impossibility of Unwinding Disney’s Reedy Creek

“There’s been a lot of talk about whether Florida lawmakers can legally dissolve Disney’s Reedy Creek Improvement District, but there’s one basic reason why Florida can’t dissolve it—it promised bond purchasers that it wouldn’t, says Jacob Schumer of Shepard, Smith, Kohlmyer & Hand. Much ado has,” reports Jacob Schumer in Bloomberg Tax.

“About the legality of Florida’s Senate Bill 4C purporting to dissolve Disney’s Reedy Creek Improvement District: whether it was retaliation prohibited by the First Amendment, whether it was passed with sufficient formality, and so on. But there’s a much more basic reason Florida can’t dissolve Reedy Creek it promised bond purchasers that.”

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Labour Says Government Refusal to Publish PPE Firm’s Contracts Reeks of Cover-Up

“Labour has accused ministers of a potential cover-up over a PPE contract with a company linked to Tory peer Michelle Mone, after the health department refused to release documents connected to the deal, citing commercial sensitivities. The row comes days after the National Crime Agency NCA,” reports Peter Walker in The Guardian.

“The row comes days after the National Crime Agency (NCA) searched Mone’s home as part of a potential fraud investigation into the company, PPE Medpro, which won more than £200m in government contracts without public tender. Angela Rayner, Labour’s deputy leader, wrote to the government in January to seek the release.”

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Biglaw Business is Booming Obviously, It’s Time to Talk About Layoffs

“The Am Law 100 was recently announced, ranking the top Biglaw firms by 2021 gross revenue. And it was a banger year in Biglaw. Every single Am Law 100 firm saw and increase in revenue. All. Of. Them. Plus 52 firms crossed over into the billion dollars in revenue world. And we know that Biglaw,” reports Kathryn Rubino their Above The Law.

“Firms are struggling to keep up with the demand on their legal services. They’re in need of qualified lawyers to staff the deals/cases that are filling up their books of business. So, yes, the lateral market’s been intense with all manner of repercussions like. But some Biglaw watchers are cautioning there’s a potential downside lurking in this.”

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Big Bear Appoints AI and Data Ethics Veteran Carolyn Blankenship as General Counsel

“BigBear.ai, a leader in AI-powered analytics and cyber engineering solutions, today announced that it has appointed Carolyn Blankenship as General Counsel. In this role, Blankenship will develop and lead corporate legal strategy supporting BigBear.ai’s growth initiatives as a publicly-traded company She will,” reports Business Wire their blog.

“Blankenship brings over 25 years of legal experience and specializes in providing the legal infrastructure needed for innovative growth strategies and navigating the commercial regulatory landscape for successful business and product strategies. In her previous role as General Counsel, Innovation and Product for Thomson Reuters.”

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Michigan House OKs $776M Opioid Settlement Plan as Critics Hit Exclusion of Small Towns

“A three-bill package creating a framework for the distribution of about $776 million in opioid settlement funds in Michigan garnered widespread support as the state House approved it Thursday. But several Republicans in more rural areas criticized the settlement’s lack of money for small town,” reports Beth LeBlanc The Detroit News.

“R-Richmond, criticized Attorney General Dana Nessel from the House floor Thursday for failing to secure funding for all small communities. Yaroch said he had to tell the Memphis mayor pro-tem recently he wouldn’t get a direct payment from the settlement because the community’s population falls below the 10,000-person threshold.”

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State Reaches Historic $328 Million Settlement in Lawsuit Over Native Hawaiian Homesteads

“Thousands of Native Hawaiians who waited decades for homestead leases aimed at guaranteeing them access to ancestral lands may soon get some payment from the state. The state reached a $328 million settlement agreement with the Hawaiian beneficiaries, who first brought a class-action lawsuit,” reports Blaze Lovell Honolulu Civil Beat.

“The Department of Hawaiian Home Lands for mismanaging the public lands trust in the late 1990s. The settlement agreement, which was unsealed Tuesday afternoon, marked another turn in fortune this year for Native Hawaiians who have long struggled to take advantage of the program meant to ensure they have access to long-term.”

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Three Shapiro, Lifschitz & Schram Attorneys Recognized Among 2022 Washington, D.C. Super Lawyers

Shapiro, Lifschitz & Schram is pleased to announce that Laura C. Fraher, Judah Lifschitz and Steven H. Schram are named among the 2022 Super Lawyers for Washington, D.C.

Fraher and Lifschitz are included for their work in Construction Litigation and Schram for Business / Corporate work. Washington, D.C. Super Lawyers has ranked Lifschitz for the past 14 years, Schram for 12 years and Fraher for the past six years.

Super Lawyers, part of Thomson Reuters, is a rating service of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Only five percent of lawyers in Washington, D.C. are selected as Super Lawyers.

Selections for Super Lawyers are made through a rigorous process entailing independent attorney-led research, evaluations and peer evaluations. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement, including verdicts / settlements, transactions, special licenses and pro bono service.

Shapiro Lifschitz & Schram is a Washington, D.C.-based law firm delivering solutions for clients in the areas of business, construction, real estate and commercial litigation. The firm has a proven track record of success representing clients in sophisticated deals and big-ticket, complex litigation at both the trial and appellate levels. With state-of-the-art document management and electronic discovery techniques, sophisticated graphics capabilities and seasoned lawyers, Shapiro, Lifschitz & Schram creates client-centered solutions to close deals and win cases. For more information, please visit the firm’s website, http://www.slslaw.com.