Hinshaw & Culbertson LLP has announced that Julia Terry has joined the firm as a partner in the New Orleans office. Terry brings a combination of in-house and private law experience, with a focus on assisting banks with managing legal risks and compliance issues related to technology service contracts, including data security and privacy issues.

“At a time when enterprise risks to the banking industry are increasing, whether from breaches or ransomware attacks, Julia brings experience that is in significant demand,” said Lauren Campisi, partner in charge of the New Orleans office. “Her experience and knowledge of technology service providers and data security and privacy issues, including risks related to ransomware and other vulnerabilities, will provide us with an opportunity to expand our legal service offerings to banks, lenders, and other financial services companies nationwide.”

Terry was most recently vice president and corporate counsel at Hancock Whitney Bank, where she reviewed and negotiated third-party service provider contracts for the bank’s technology and digital account and lending functions, with a particular focus on due diligence, compliance with federal and state regulations, and data privacy. Terry also has significant experience with real estate and lending transactional matters, including purchase and sale agreements, building contracts, lease termination agreements, and other transactional issues.

Prior to her role at Hancock Whitney Bank, Terry’s experience included a mix of in-house and private law practice. She began her legal practice at McGlinchey Stafford before becoming Vice President, Atlanta Manager and Underwriting Counsel at First American Title Insurance Company in Atlanta, Georgia. She later was Special Counsel in the Real Estate Group at Jones, Walker, Waechter, Poitevent, Carrere & Denegre LLP in New Orleans. When she decided to return to private practice, Terry said she was attracted by Hinshaw’s size, geographic footprint, highly regarded financial services team, and broad range of service offerings.

“I’m impressed not only with Hinshaw’s platform and broad range of capabilities but also with the firm’s data security team,” Terry said. “Being part of the Hinshaw team gives me a wider stage to put my knowledge to work on behalf of banks nationwide. The firm’s enterprise technology and remote work flexibility is another significant benefit.”

Terry earned her B.A. in English Literature from Wheaton College in Wheaton, Illinois, her M.B.A from Millsaps College in Jackson, Mississippi, and her J.D. from the University of Mississippi in Oxford.

Barnes & Thornburg has added three skilled intellectual property attorneys to its new Boston office, partner Andrew Rejent and associates Alex Nagorniy and Liza Hadley, along with IP paralegal Christine Shapiro. They practice in the firm’s Intellectual Property Department.

This group joins on the heels of opening the firm’s Boston office in June. The Boston office is the firm’s 20th in the U.S. and reflects its growing intellectual property and life sciences practice in the region. The addition of Rejent, Nagorniy and Hadley expand the Boston office to seven partners, and nine attorneys total. The group joins from Nutter McClennen & Fish LLP.

Rejent, Nagorniy and Hadley are skilled intellectual property attorneys who represent clients in a range of industries, including electromechanical, chemical, mechanical, software arts, medical devices, and information technology. In addition to patent prosecution, the group assists clients with the development of portfolio strategies and provides counseling on a variety of intellectual property matters.

“The addition of this group furthers our goal of expanding our national patent practice, and we’re excited to welcome them,” said Julia Gard, chair of the firm’s Intellectual Property Department. “They are high-caliber attorneys with well-rounded practices, and their ability to advise our clients on a wide range of patent matters, from applications to prosecution, will be invaluable.”

Rejent’s practice is centered on patent prosecution. Leveraging his background in aerospace engineering and over a decade of intellectual property experience, Rejent manages clients’ patent portfolios and develops prosecution strategies for U.S. and Patent Cooperation Treaty filings across a wide spectrum of advanced technologies. In addition to Rejent’s prosecution experience, he assists his clients with patentability searches, product clearance, freedom to operate analyses, IP due diligence, and infringement and validity opinions. Rejent practices in front of the U.S. Patent and Trademark Office and also advises clients internationally, having helped secure patent grants in numerous foreign jurisdictions, including China, Europe and Japan.

Nagorniy focuses his practice on complex patent prosecution both in the United States and in international jurisdictions. He counsels clients on methods to prepare and prosecute patent applications, maintain patent portfolios, perform due diligence analyses, and obtain and defend trademark protection.

Hadley’s practice encompasses both patent prosecution and the handling of transactional matters related to intellectual property. Hadley counsels clients in drafting and negotiating complex commercial and license agreements, and advises on IP matters in conjunction with corporate transactions, such as financings, mergers, and acquisitions. Additionally, Hadley has a robust patent practice that includes strategic development, management, and protection of clients’ patent portfolios, both in the U.S. and abroad, as well as advising on non-infringement and invalidity opinions.

Shapiro is an intellectual property paralegal with more than 15 years of law firm experience working with patents and foreign and U.S. dockets.

“We are dedicated to growing our team in Boston and we are thrilled to add the talents of Andrew, Alex, Liza and Christine so soon after opening the office,” said Robert T. Grand, Barnes & Thornburg managing partner. “This group brings an excellent skill set that complements our current footprint in Boston’s competitive legal and IP sectors.”

Rejent earned his J.D. from Boston College Law School, his M.S. from the University of Cincinnati in aerospace engineering, and his B.S. from the University of Maryland.

Nagorniy earned his J.D. from Boston University School of Law and his B.E. from The Cooper Union in chemical engineering.

Hadley earned her J.D. from Boston University School of Law and her B.S. from the University of Virginia in mechanical engineering. Prior to law school, Hadley was a patent examiner at the U.S. Patent and Trademark Office.

Shapiro earned her B.S. in environmental science from Lyndon State College, an M.S. in biology from Southern Connecticut State University, and her paralegal certificate from Boston University.

Venable represented GH Group, Inc. (“Glass House”), one of the fastest-growing vertically integrated cannabis and hemp companies in the U.S., on the completion of its business combination (the “Transaction”) with Mercer Park Brand Acquisition Corp., a special-purpose acquisition company (SPAC), to create Glass House Brands Inc., with the intent to focus on branded product businesses in cannabis and/or cannabis-adjacent industries.

Pursuant to the terms of the merger, the combined company has planned expansion to reach more than 6 million square feet of greenhouse cultivation capacity, helping cement Glass House’s position as the state’s largest cannabis producer and retailer and the largest cannabis producer in the United States by a wide margin. The merger also makes Glass House the latest cannabis producer to list on Canada’s NEO exchange.

In addition to its current footprint, Glass House has entered into an agreement to merge with 17 retail licensed entities from Element 7, LLC (Element 7), a retail-focused cannabis company with a proven track record in winning licenses. These licenses are expected to bring the company’s retail footprint to a total of 23 storefront retail locations by the end of the first half of 2022, representing the highest statewide store count of any single California cannabis operator.

The Venable team was led by Matthew Portnoff, Dan Straga, and Friedemann Thomma.

Venable will continue to represent Glass House going forward.

The International Association of Defense Counsel (IADC) has announced that Ryan J. O’Neil, a Member at Campbell Conroy & O’Neil, P.C., in Berwyn, Pennsylvania, has accepted an invitation to join the IADC, the preeminent invitation-only global legal organization for attorneys who represent corporate and insurance interests.

Mr. O’Neil focuses his practice on the defense of product liability matters in federal and state courts nationwide. He has a particular emphasis on mass tort defense, including cases involving pharmaceutical and medical devices; consumer products; toxic torts; and automotive, transportation and trucking matters.

Mr. O’Neil received his J.D. from Boston College Law School and his Bachelor of Science (magna cum laude, Phi Beta Kappa) from Boston College.

(NEW YORK) Katten announced today that Tim Kirby has joined its Capital Markets practice as a partner in New York, boosting the firm’s profile as an industry leader in the securities space.

“Tim’s broad range of deal experience in handling complex corporate matters and public and private securities offerings across a variety of industries combined with his deep market knowledge will add valuable depth to our growing capital markets practice,” said Mark D. Wood, co-chair of Katten’s Capital Markets practice. “His commercial approach and impressive work ethic and skillset will serve our clients well.”

Kirby advises clients on initial public offerings, private placements of high-yield, secured and convertible bonds, leveraged buyouts, tender offers, distressed debt exchanges, special purpose acquisition company (SPAC) and De-SPAC transactions, recapitalizations and restructurings. Kirby’s clients include financial institutions, public and private companies, and other market participants engaged in high-stakes financings in a diverse range of industries, including gaming, natural resources, real estate investment trusts, health care, finance, renewable energy and consumer products. Kirby also regularly advises public and private companies in connection with securities law, corporate governance and general corporate matters.

Prior to joining Katten, Kirby was an attorney at Milbank LLP in their global Capital Markets group.

DALLAS – Trial law firm Lyons & Simmons, LLP, has been selected among the finalists for the National Law Journal’s 2021 Elite Trial Lawyers awards.

Finalists were selected in 25 categories from more than 200 submissions from the nation’s leading plaintiffs’ trial firms. These candidates demonstrated success on behalf of clients over the past 18 months and possessed a solid record of wins over the past five years, according to the NLJ editorial team.

“It is an exceptional honor to be counted among these pillars of the plaintiffs’ bar,” said Lyons & Simmons co-founder Michael Lyons. “But our finest achievement is not based on awards, but in being entrusted to represent those whose lives have been upended by the actions of others.”

Lyons & Simmons is one of five business torts finalists. The firm’s selection is based primarily on its work on behalf of former head football coach David Beaty in a high-profile contract dispute with the University of Kansas Athletics.

In his 2018 announcement of the dismissal of Coach Beaty, the Kansas athletic director emphasized that the termination was “without cause.” However, a month later, the school self-initiated an investigation into allegations of NCAA infractions involving the football team, changing the dismissal to “for cause” and refusing to pay the remainder of Mr. Beaty’s contract.

In representing Mr. Beaty, Lyons & Simmons created a roadmap for how to respond when a school is willing to weaponize NCAA violations to avoid financial obligations. They now represent more than a half-dozen college coaches in similar high-exposure contractual battles.

Lyons & Simmons work has earned recognition by Best Lawyers in America, Lawdragon 500, Texas Super Lawyers, D Magazine, and Texas Lawyer. In 2020, the firm was recognized by readers of Texas Lawyer magazine as the top personal injury law firm in Dallas.

“Besides the pandemic itself, perhaps no topic has dominated recent conversation among white-collar professionals like working from home. The upsides. The downsides. How long it will last. Whether the nature of work has changed forever. Everyone has an opinion and a preference,” reports Lateral Link in their Above The Law.

“For most of 2020 and early 2021, the remote work debate didn’t have much immediate practical implication. Like it or not, Biglaw attorneys were mainly working from home. But now that offices are reopening, lawyers face a choice either accept whatever new policy their firm is adopting or look to move to a firm that better aligns.”

Read the article.

“Jinanne West and Stephanie Maxwell have joined Wesley Financial Group, LLC as president and general counsel, respectively. Jinanne and Stephanie bring a wealth of experience to our leadership team that we will lean on as we expand the Wesley brand into new market segments, said McDowell,” reports Williamson Herald in their blog.

“We are launching a mortgage company in August and plan to continue to seek out additional growth opportunities for Wesley. Jinanne and Stephanie are seasoned leaders and will play a pivotal role in our growth. Prior to joining WFG, West most recently served for five years as vice president of finance for Design Works Investments, LLC.”

Read the article.

“The nation’s largest public pension fund has agreed to pay up to $2.7 billion to refund policyholders hit with huge hikes in their premiums, it was announced Tuesday. The California Public Employees’ Retirement System, or CalPERS, has agreed to settle a class-action lawsuit over the fee hikes that were imposed on nearly 80,000 people who paid for policies to cover the long-term costs of nursing care,” reports CBS Sacramento in their blog.

“A judge must approve the deal, which could happen sometime next year, according to the release. Several policyholders sued in 2013 after CalPERS notified them that their premiums would jump by 85% over two years beginning in 2015. CalPERS said it needed to raise the premiums to keep the expensive long-term care policies solvent. The fund has suspended new enrollment and plans.”

Read the article.

“A unit of the Teachers Insurance and Annuity Association of America will pay $97 million in restitution to tens of thousands of customers who were misled into moving their retirement money into higher-fee accounts, regulators said on Tuesday. The U.S. Securities and Exchange Commission and New York Attorney General Letitia James announced the settlement with TIAA-CREF Individual & Institutional,” reports Jonathan Stempel in Reuters.

“Based in New York, TIAA ended March with $1.3 trillion of assets under management, and serves about 5 million customers including college professors, doctors and nurses, researchers and government employees. Regulators said that from January 2012 to March 2018, TIAA advisers pressured clients to move their retirement money.”

Read the article.

DALLAS – A Dallas County jury returned a swift and unanimous $22 million verdict for Godwin Bowman PC client Maya Walnut LLC in a case that began as a commercial lease dispute but evolved into a complex fraud matter.

Maya Walnut, which held a lease agreement with defendant Walnut Creek Center Inc. to operate a grocery store in Garland, Texas, was awarded $1.5 million for past lost profits and $3 million for future lost profits, or alternatively $12 million for lost business value. In addition, the jury awarded $10 million for punitive damages.

According to court documents, Maya Walnut conducted lease renewal negotiations with Walnut Creek Center over an 18-month period. During that time, the defendants were “surreptitiously negotiating a lease agreement for the same premises with the plaintiff’s competitor.” Even after the property had been leased to the competing business, Walnut Creek Center continued to represent to Maya Walnut that it was willing to keep negotiating the lease for the same premises, according to the lawsuit.

The June 29 verdict found Walnut Creek Center and related parties liable for fraud, conspiracy to commit fraud, negligent misrepresentation, and promissory estoppel.

“It was clear the defendants concealed and misrepresented information from Maya Walnut, and we were pleased the jury returned with a decision that affirmed Walnut Creek Center’s wrongdoings,” said Godwin Bowman attorney Ira Bowman.

The case was the first multiday live jury trial in Dallas County’s 68th District Court before Judge Martin Hoffman since COVID-19 shut down the courthouse.

In addition to Mr. Bowman, Maya Walnut LLC was represented at trial by Godwin Bowman attorney Samantha Baynes.

The case is No. DC-19-06309 Maya Walnut LLC f/k/a Maya Foods Inc. v. Brian Ly and Walnut Creek Center, Inc., in the 68th Dallas County District Court.

In a breakthrough state policy decision in the solar energy industry, the South Carolina Public Service Commission (Commission) ruled in four cases involving Duke Energy Progress, Duke Energy Carolinas and Dominion Energy South Carolina (Dominion Energy). As established by a law passed in 2019, the Commission was charged with modernizing South Carolina’s net energy metering policy and to establish a new distributed solar tariff for utilities. R. Taylor Speer, shareholder at Turner Padget, served as lead counsel for Alder Energy Systems, LLC.

“We are thrilled with this outcome and are looking forward to the solar industry continuing to thrive in South Carolina,” said Donald Zimmerman, president and CEO at Alder Energy Systems, a Charleston-based company that provides turnkey solar and energy storage solutions for commercial and industrial customers. “In addition to considering the strong return on investment that solar provides, businesses now have defined renewable energy and carbon reduction goals. The state’s newly approved solar policies allow Duke Energy and Dominion Energy customers to reach these goals through solar.”

In the first two matters, the Commission approved a settlement between Alder Energy and Duke Energy Progress and Duke Energy Carolinas for terms of commercial and industrial net energy metering in the utilities’ South Carolina territories, and answering how much commercial and industrial customers of Duke Energy in South Carolina will be paid when they invest in rooftop or customer-sited solar.

The settlement further outlines that commercial and industrial customers will remain on their existing tariffs and be subject to a solar rider. The rider cannot be amended for a period of 10 years for most customers and maintains monthly net metering, at the retail rate, with any excess net exports being credited to the customer’s bill, at the end of the billing cycle, at the utilities’ avoided cost rate. “This settlement is the first time a utility in South Carolina has agreed to cede renewable energy credits to customer-generators, which can be used by commercial and industrial customers to meet their corporate sustainability goals,” explains Speer.

In the third matter, the Commission rejected the solar choice tariff proposed by Dominion Energy, finding that it unlawfully penalized homeowners and businesses that elect to invest in distributed solar in South Carolina by requiring them to pay a “subscription fee” that does not have any relation to the utility’s cost to serve solar users, and disrupted the solar market by making it prohibitively expensive for customers. Under Turner Padget’s counsel, the Commission adopted Alder Energy Systems’ proposed tariff, which includes moving commercial and industrial solar users to a time-of-use rate, maintaining annual net metering at the retail rate, provides for customer-owned RECs and requires Dominion Energy to leave the tariff open for ten years.

In the fourth matter, the Commission found that the current methodology used to establish the value of customer-generated solar does not adequately account for important benefits it provides to the grid. In a potential significant win for South Carolina ratepayers, the Commission required that future proceedings opened to value customer-generated solar must consider, among other things, a methodology to quantify its long-run impacts on the utilities’ avoided transmission and distribution costs. “This is likely to increase the value of rooftop solar by acknowledging it saves the utility money in avoided capital costs,” said Speer. “The savings are derived from collocating load with generation, something that large, centralized power plants cannot do.”

Turner Padget’s attorneys and professionals exceed expectations at every turn. Guided by our commitment to see clients’ needs holistically, they are smart, practical business thinkers who cut to the chase, show up prepared and get it done right. With a rich history as one of South Carolina’s largest law firms, Turner Padget has also expanded into neighboring states, with offices located in Augusta, Charleston, Columbia, Florence, Greenville and Myrtle Beach, and with strategic alliances in Florida and North Carolina. http://www.turnerpadget.com/

Hanzo, a pioneer in dynamic web content preservation from enterprise collaboration applications and complex websites, is pleased to announce the new and improved connectors for Atlassian applications, including Confluence, Jira, and Trello.

Hanzo has long understood that collaboration data presents unique challenges for ediscovery due to the dynamic and ever-changing nature of the content. Moreover, collaboration applications are not fundamentally designed for discovery, making exporting and reviewing this information for legal purposes challenging.

With this new release of connectors, Hanzo facilitates defensible and high-fidelity collections from these data sources, making it easier for legal teams to review and understand due to the rich display of information in context.

“Browser-based applications like Jira produce tickets that are rich with information, including detailed change history and commentary. Corporate teams need to be able to easily access, cull, and target specific information for review,” said Brad Harris, VP of Product, Hanzo. “We’re making the Atlassian ediscovery experience more efficient because the results of the captures are as lifelike as the live site, and they are exportable in a review-platform-ready format so teams can rapidly review content upon ingestion.”

Hanzo empowers corporate legal teams to quickly and defensibly collect, preserve, and investigate data for ediscovery from a variety of collaboration and web-based applications. Customers are using Hanzo to reduce risk and effectively manage ediscovery volumes to limit downstream costs. https://www.hanzo.co/connectors

Learn more about ediscovery with non-traditional data sources in the two facilitated discussions Hanzo is presenting during Legalweek.

Collect Once Use Many: Cost-Effective Approaches For Ediscovery of Collaborative Data
Date: July 13, 2021
Time: 2:15 PM EDT

Collecting Legally Defensible Atlassian Content And Save Time Too
Date: Wednesday, July 14, 2021
Time: 10:15 AM EDT
Visit Hanzo’s channel to attend these discussions. (Log in to Legalweek to see details) https://www.event.law.com/legalweek/Hanzo

Ward, Smith & Hill Listed Among Top IP Firms in 2021 International Legal Guide

Firm partners Johnny Ward, Wesley Hill, Chad Everingham also recognized for patent litigation

LONGVIEW, Texas – Global legal Guide, IAM Patent 1000 – The World’s Leading Patent Professionals 2021 has recognized East Texas law firm Ward, Smith & Hill for its highly successful trial litigation.

Firm partners Johnny Ward, Wesley Hill and Chad Everingham are also honored for their work in patent litigation.

Described by the international legal guide as “a force to be reckoned with in the Eastern District of Texas” the firm is “feared by many of the leading patent litigation firms in the United States.”

The guide highlighted the work of former Eastern District magistrate judge Chad Everingham for his “unique insight into what does and doesn’t work in this patent litigation hotspot.”

To learn more about Ward, Smith & Hill’s patent litigation practice, visit https://wsfirm.com/practice-areas/patent-litigation/.

Selections for the IAM Patent 1000 guide are based on an extensive research process that includes interviews with attorneys and in-house counsel to identify potential firm and individual honorees. The guide is distributed through intellectual property management magazine IAM (Intellectual Asset Management).

Ward, Smith & Hill is known for high-stakes intellectual property trials. The firm’s recent successes include serving as local counsel on a trial team that secured a $502.8 million patent infringement win against tech giant Apple Inc. for infringing on VirnetX’s patents. The firm also helped secure a $62.7 million award for Ireland-based Solas OLED Ltd. based on a finding that Samsung Display Company Ltd. willfully infringed on screen display patents in Samsung Galaxy phones.

Longview, Texas-based Ward, Smith & Hill, PLLC, has tried more than 350 cases to verdict, earning a national reputation in high-stakes disputes involving complex commercial litigation, intellectual property law, oil and gas matters, bad faith insurance claims, and serious personal injury claims. The firm frequently assists lawyers nationwide in complex cases before Texas juries. To learn more about the firm, visit http://www.wsfirm.com.

Bradley Arant Boult Cummings LLP is pleased to announce that David Vance Lucas, a partner in the firm’s Huntsville office, has been named the North America Leader for the World Services Group (WSG) Trade and Investment Practice Group.

The WSG is a global network of elite global practice firms comprised of more than 23,000 members in more than 150 jurisdictions throughout the United States and Canada. The WSG’s groups help to facilitate the exchange of business and knowledge about current developments and opportunities in specific areas of practice, providing webinars and discussions featuring members and industry leaders each month.

“We congratulate David on this opportunity to further his commitment to the global legal industry and demonstrate his leadership through this international role with the World Services Group,” said Bradley Huntsville Office Managing Partner Frank M. Caprio.

Mr. Lucas provides legal strategy for technology and business, applying technological and operational experience to craft strategic advice on a variety of intellectual property, international trade and complex litigation matters – to both U.S. businesses abroad and non-U.S. businesses’ operations in the U.S. His experience includes serving as general counsel to an international technology company, and a laboratory software company.

Mr. Lucas is a frequent author and speaker on intellectual property, national security and foreign direct investment issues, and leads Bradley’s International and Cross Border team.

Washington, D.C. — The national law firm of Quarles & Brady LLP announced that Timothy D’Arduini has joined the firm’s Washington, D.C., office as a partner in the Labor & Employment Practice Group, further expanding the firm’s national team of highly-regarded immigration and mobility practitioners.

D’Arduini, one of only two U.S.-based immigration attorneys to be named a “Rising Star in U.S. Immigration” by The Legal 500 in 2019, 2020 and 2021, brings extensive experience creating global mobility and immigration plans for clients in industries such as financial services, consumer products, manufacturing, healthcare, defense and information technology. He has helped clients meet business visitor, work permit and resident permit requirements in countries across North America, Europe, South America and Asia.

“We’re thrilled to welcome Tim to the Quarles & Brady team,” said Grant Sovern, national chair of the firm’s Immigration team. “His impressive experience will help us grow our multi-dimensional national immigration team, and his reputation for outstanding client service and high quality work aligns with our client-first mindset. A compassionate leader with highly respected legal skills, Tim is the perfect addition to expand our focus and enhance our approach.”

Known among clients and colleagues for his creative problem-solving, D’Arduini guides clients on global mobility and migration strategies, including work visas, such as H-1B, L-1, O-1 and TN, as well as “green card” processes through EB 1A extraordinary ability petitions, PERM Labor Certification applications and adjustment of status applications. Because of his tenacious representation, he has built a focus on waivers of admissibility before the U.S. Department of Labor, the U.S. Department of State and the U.S. Citizenship & Immigration Services. He also has deep experience guiding companies through right-to-work (I-9) audits and investigations, and building enduring compliance programs that protect clients in an era of unprecedented government scrutiny.

D’Arduini is firmly committed to developing diverse legal teams, having led cross-industry, multinational diversity initiatives as an LGBTQ+ leader himself.

“I am excited to join Quarles & Brady,” said D’Arduini. “It’s a firm with deep immigration knowledge, backed by leaders who understand that successfully managing the immigration and mobility needs and risks of a global workforce is key to our clients’ commercial success. Plus, the firm has clients in industries such as financial services, consulting and manufacturing that can benefit from my experience protecting clients’ brands, supporting their people and advancing their business goals. I look forward to building a diverse team in Washington, D.C., to expand the firm’s reach in internal and external audits, worksite enforcement, corporate investigations and global immigration program management.”

In addition to his previous experience with multidisciplinary and boutique immigration law firms, and with immigration legal services organizations, D’Arduini was a law clerk for New Jersey Supreme Court Associate Justice Jaynee LaVecchia and a Marsha Wenk Public Interest Law Fellow at the American Civil Liberties Union of New Jersey.

He earned his bachelor’s degree from Georgetown University and his J.D. from the Rutgers School of Law, Order of the Coif.

United States Court of Appeals for the Federal Circuit Affirms Decision by Veterans Court Potentially Restoring Billions of Dollars in GI Bill Educational Benefits
Hunton Andrews Kurth and Dominion Energy pro bono attorneys work on behalf of former FBI counterterrorism agent denied benefits for divinity school

Richmond, VA – The U.S. Court of Appeals for the Federal Circuit has issued a major decision in a case that could restore billions of dollars in Post-9/11 educational benefits for veterans. The court affirmed the decision previously issued by the United States Court of Appeals for Veterans Claims (“Veterans Court”) in the case Rudisill v. McDonough (formerly BO v. Wilkie), which determined that veterans with separately qualifying periods of military service are entitled to GI Bill benefits for each period of service.

“We are extremely pleased with the outcome of this case and what it means for our country’s veterans,” said Hunton Andrews Kurth lawyer Timothy L. McHugh, who represented the appellee, Jim Rudisill. “An estimated 1.7 million post-9/11 era veterans could benefit from this ruling, so it is truly an impactful decision for those who have bravely served.”

Since World War II, Congress has provided veterans with different GI Bill benefits for different periods of qualifying service. Never has Congress required veterans with different periods of qualifying service to forfeit one benefit to receive another. Nevertheless, since 2009, the Department of Veterans Affairs (“VA”) has required veterans with more than one period of separately qualifying service to relinquish or exhaust their entitlement to their Montgomery GI Bill benefits before using their Post-9/11 GI Bill benefits, thereby capping most veterans’ combined GI Bill benefits at 36 months.

In Rudisill v. McDonough, the court held that veterans with periods of separately qualifying military service are entitled to GI Bill education benefits for each period of service, subject only to an overall statutory cap of 48 months. In 2015, Rudisill, a decorated Army combat veteran who was deployed to both Iraq and Afghanistan, applied for Post-9/11 GI Bill benefits so that he could attend Yale Divinity School to become an Army chaplain. Based on its interpretation of the law, the VA forced Rudisill to forfeit his remaining Montgomery benefits and limited his Post-9/11 benefits to the amount of the forfeited benefits. While Rudisill has since given up his Yale admission and is now ineligible to return to the Army due to his age, he continued the appeal process with the hope of using them in different educational setting, and helping other veterans in their fight for benefits. He is now using his restored benefits to attend another seminary program while continuing to serve as an FBI agent.

”Post 9-11 GI Bill benefits are generous and have the ability to produce life-changing results for veterans and their families. The court’s decision ensures that our veterans have the opportunity to receive the full complement of educational benefits, as promised by Congress,” said David J. DePippo, a Dominion Energy attorney who also represented Rudisill.

Case Background
On August 15, 2019, the Veterans Court rejected the VA’s practice of requiring veterans with more than one period of separately qualifying service to relinquish or exhaust their entitlement to Montgomery GI Bill benefits before utilizing their Post-9/11 GI Bill benefits, thereby capping most veterans’ combined GI Bill benefits at 36 months. Instead, the Veterans Court restored one year of educational benefits to all post-9/11 “veterans with multiple periods” of otherwise qualifying active-duty service. That decision was poised potentially to restore billions of dollars in Post-9/11 GI Bill and other educational benefits to military service members. The VA appealed, and the case was then heard by the U.S. Court of Appeals for the Federal Circuit, which on July 8, 2021, affirmed the Veterans Court’s decision.

Rudisill’s legal team includes Hunton Andrews Kurth attorney Timothy L. McHugh and Dominion Energy Senior Counsel David J. DePippo, as well as lawyers and staff with Hunton Andrews Kurth’s Veterans Pro Bono Program.

Hunton Andrews Kurth LLP is proud of its community service and leadership among law firms in the United States, where the firm’s tradition of pro bono service is well recognized. At the end of the firm’s fiscal year on March 31, 2021, its lawyers had donated more than 58,000 pro bono hours to underserved communities. This represented more than 4% of the firm’s gross billable hours and commemorates 28 continuous years of meeting or exceeding the Pro Bono Institute’s Law Firm Pro Bono Challenge of donating at least 3% of the firm’s annual billable hours to pro bono service.

Dominion Energy, where 1 in every 5 new hires is a veteran, has supported the military, veterans, and their families since World War I, and continues its focus on those who serve our country today.

Throughout Dominion Energy’s lengthy history of service to its communities, the company has made support for the military, veterans and their families a priority. Beginning in World War I, when employees sent soldiers care packages, and continuing until today, the company has focused on those who serve our country. G.I. Jobs ranked Dominion Energy #5 in its 2019 list of the top military-friendly companies nationwide. The company respects the hard and important work the VA does and looks forward to helping them implement this order and getting veterans the benefits they have earned.

DALLAS – Trial lawyer Michael Fechner has joined the nationally recognized Dallas trial firm Lyons & Simmons, LLP as an associate.

“Michael is an exceptionally talented young attorney who we are excited to have join our ranks,” said Lyons & Simmons co-founder Chris Simmons. We look forward to some outstanding things from Michael. He is a great fit with our client-driven culture.”

“Michael and our firm share a common passion and vision, which is to do everything we can to help our clients in what most often is the worst of circumstances,” said firm co-founder Michael Lyons.

Mr. Fechner’s practice focuses on representing plaintiffs in complex catastrophic personal injury cases and business disputes. He has experience handling large, complex disputes in a variety of contexts at this point in his career and expects to do the same at Lyons & Simmons.

“This firm is led by two of the toughest, most successful trial lawyers in Texas,” said Mr. Fechner. “The opportunity to work alongside them was one I could not let pass.”

In 2016 Mr. Fechner authored “Lessons on the Way to Heaven: What My Father Taught Me,” a book about his father’s devotion in the face of his terminal cancer diagnosis to serving the hurting and hopeless. Mr. Fechner serves as a board member, mentor and coach for BridgeBuilders, the non-profit organization founded by his father to serve the century-old, low-income south Dallas Bonton neighborhood. He also has worked extensively with Legal Aid of Northwest Texas as a member of the Dallas Volunteer Attorney Program.

He earned his law degree from Southern Methodist University’s Dedman School of Law, where he served as President of the SMU Law Review and graduated Order of the Coif and Order of the Barristers. He earned his undergraduate degree from the University of Texas at Austin.

Ball Janik LLP Launches Claimroadmap.com in Time for Hurricane Season

June 2021 – Ball Janik LLP, a bi-coastal comprehensive services law firm focused on real estate, land use, construction, and business litigation, is prou2d to announce the launch of a comprehensive new service to help educate consumers regarding the process of filing property damage claims on a local and national scale.

Claimroadmap.com will provide visitors with easy-to-understand information about why claims take as long as they do, why they may be denied, and the rapidly changing legislation impacting homeowners who have property damage due to a natural disaster such as a superstorm. As hurricane season approaches, this new service will provide guidance about what to do before, during, and after a claim event.

“Insurance claims can be a complicated and drawn-out process for homeowners impacted by natural disasters, says Kelly M. Corcoran, an insurance coverage attorney at Ball Janik who will oversee all efforts relating to Claimroadmap.com. “It is important for people to have an informative resource like claimroadmap.com to turn to for information about where they can get help.”

The new site will provide visitors with up-to-date information about the assignment of benefits, shifts in regulations around attorney fees, and impacts of changes to how contractors and repair personnel conduct business. To learn more, visit www.claimroadmap.com.

About Ball Janik, LLP
Ball Janik LLP is a bi-coastal comprehensive services law firm focused on real estate, land use, construction, and business litigation. As a bi-coastal law firm with offices in Florida and Oregon, we service clients in the areas of affordable housing, bankruptcy, and creditor rights, community associations, construction and design, construction defect disputes, corporate, financial services, hospitality, insurance recovery, investigations and white-collar crime, public agencies and schools, and renewable energy.

Since our firm’s inception, we have expanded our capabilities, professionals, and geographic footprint. In doing so, we have earned a national reputation for upholding the rights of our clients.

(Washington, D.C.) — The national law firm of Quarles & Brady LLP announced that Timothy D’Arduini has joined the firm’s Washington, D.C., office as a partner in the Labor & Employment Practice Group, further expanding the firm’s national team of highly-regarded immigration and mobility practitioners.

D’Arduini, one of only two U.S.-based immigration attorneys to be named a “Rising Star in U.S. Immigration” by The Legal 500 in 2019, 2020 and 2021, brings extensive experience creating global mobility and immigration plans for clients in industries such as financial services, consumer products, manufacturing, healthcare, defense and information technology. He has helped clients meet business visitor, work permit and resident permit requirements in countries across North America, Europe, South America and Asia.

“We’re thrilled to welcome Tim to the Quarles & Brady team,” said Grant Sovern, national chair of the firm’s Immigration team. “His impressive experience will help us grow our multi-dimensional national immigration team, and his reputation for outstanding client service and high quality work aligns with our client-first mindset. A compassionate leader with highly respected legal skills, Tim is the perfect addition to expand our focus and enhance our approach.”

Known among clients and colleagues for his creative problem-solving, D’Arduini guides clients on global mobility and migration strategies, including work visas, such as H-1B, L-1, O-1 and TN, as well as “green card” processes through EB 1A extraordinary ability petitions, PERM Labor Certification applications and adjustment of status applications. Because of his tenacious representation, he has built a focus on waivers of admissibility before the U.S. Department of Labor, the U.S. Department of State and the U.S. Citizenship & Immigration Services. He also has deep experience guiding companies through right-to-work (I-9) audits and investigations, and building enduring compliance programs that protect clients in an era of unprecedented government scrutiny.

D’Arduini is firmly committed to developing diverse legal teams, having led cross-industry, multinational diversity initiatives as an LGBTQ+ leader himself.

“I am excited to join Quarles & Brady,” said D’Arduini. “It’s a firm with deep immigration knowledge, backed by leaders who understand that successfully managing the immigration and mobility needs and risks of a global workforce is key to our clients’ commercial success. Plus, the firm has clients in industries such as financial services, consulting and manufacturing that can benefit from my experience protecting clients’ brands, supporting their people and advancing their business goals. I look forward to building a diverse team in Washington, D.C., to expand the firm’s reach in internal and external audits, worksite enforcement, corporate investigations and global immigration program management.”

In addition to his previous experience with multidisciplinary and boutique immigration law firms, and with immigration legal services organizations, D’Arduini was a law clerk for New Jersey Supreme Court Associate Justice Jaynee LaVecchia and a Marsha Wenk Public Interest Law Fellow at the American Civil Liberties Union of New Jersey.

He earned his bachelor’s degree from Georgetown University and his J.D. from the Rutgers School of Law, Order of the Coif.