“Another day, another announcement made in the 2021 race to raise associate salaries across the Biglaw landscape. There are just a few Am Law top 50 firms that have yet to match the new market salary scale, but one by one, slowly but surely, they’re making salary moves to remain viable as competition to attract and retain associates in this hot lateral market,” reports Staci Zaretsky in Above the Law.

“It’s Perkins Coie, a firm that brought in $1,001,498,000 gross revenue in 2020, which helped it to land at No. 42 in the most recent Am Law 100 ranking. The Seattle-based firm let associates and counsel know yesterday afternoon that salary increases would be coming in July.”

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“The Suez Canal Authority (SCA) has reached an agreement in principle with insurers over a $550m compensation claim for the grounding of a containership that disrupted world trade in March. The out-of-court agreement over the grounding of the 20,388-teu Ever Given (built 2018) follows a recently increased offer from the vessel’s Japanese shipowner Shoei Kisen Kaisha,” reports Adam Corbett in TradeWinds News.

“Legal proceedings at the Ismailia Economic Court of First Instance in Egypt were put on hold to allow the parties to come to an agreement after the increased offer was made. Shoei Kisen and its insurers have been represented by marine legal consultancy Stann Marine in negotiations with the SCA. Stann is pleased to announce that, following extensive discussions with the SCA’s negotiating committee over the past few weeks, an agreement in principle between the parties has been reached.”

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“Medical technology company Inogen has recruited Jason Somer as executive vice president and general counsel and secretary, effective July 12. Somer will join Inogen from Invoca where he has been head legal counsel. Before his time at Invoca, he was associate general counsel at Sunniva and general counsel and corporate secretary for Innova Gaming Group,” reports Ben Maiden in Corporate Secretary.

“Before joining Innova, Somer was senior vice president of business development and general counsel at solar energy development company Sunora Energy Solutions. Earlier in his career he was vice president of special projects and the senior global counsel at Shanghai-based solar energy technology company Suntech Power, director of legal affairs and business development at Ironport Systems and associate general counsel and business development director at Neoforma.”

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“Over the past four years, U.S. companies have been forced to expand their compliance programs to comply with an expanding array of international and U.S. state privacy laws. The wave of privacy laws began in May 2018, when the General Data Protection Regulation (GDPR) became effective, triggering new compliance obligations for U.S. companies with operations in the European Union. On the heels of the GDPR, other countries such as Brazil, Australia, India, Canada and China passed or expanded new privacy legislation, further expanding the scope of privacy compliance for U.S. multinationals,” reports Philip N. Yannella, Kim Phan and Gregory Szewczyk in Mondaq.

“In the U.S., there has likewise been a creeping expansion of state privacy laws. In 2020, the California Consumer Privacy Act (CCPA) became effective, triggering new legal requirements for U.S. companies that conduct business in California and generate yearly revenues of greater than $25,000,000.² Other states, such as Nevada, Utah, and Maine, have since passed smaller less comprehensive privacy laws.”

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Corporate litigator Jason Marlin has joined the Dallas trial firm of Bailey Brauer PLLC as a partner.

An experienced trial lawyer who represents companies on complex commercial disputes, Mr. Marlin works to obtain successful outcomes for clients involved in shareholder derivative actions, real estate disputes, financial services litigation, catastrophic personal injury cases, and energy-related lawsuits.

Mr. Marlin joins Bailey Brauer from the Dallas office of the international law firm of Locke Lord LLP, where he had practiced since graduating from the University of Texas School of Law in 2005.

Companies large and small turn to Mr. Marlin when facing matters that threaten their business. He has represented numerous energy companies facing royalty claims, working-interest owner disputes, and lease disputes. He has spoken and been published on the effects of state regulatory legislation on the oil and gas industry.

He has extensive experience providing eminent domain advice and counsel to Fortune 500 companies, individual investors, developers, property owners, and a regional tollway authority. He recently helped finalize the acquisition of land necessary for the completion of the TEXRail commuter line from downtown Fort Worth to Dallas/Fort Worth International Airport.

He also has significant experience in cases involving the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA), the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), and cases involving mortgage fraud.

The national law firm of Quarles & Brady LLP today announced that attorney Kevin Halloran has joined the firm’s Indianapolis office as partner in the firm’s Business Law Practice Group. He was previously at a national business law firm.

Halloran focuses his practice on transactional taxation, specifically mergers and acquisitions involving corporations and partnerships. He provides analysis, financial and tax modeling, and advice on deal structuring for both financial and strategic acquirers. Halloran has extensive experience structuring stock and asset acquisitions, corporate mergers, reorganizations and dispositions.

Halloran has represented clients before the Internal Revenue Service, the Indiana Department of Revenue, and the Indiana Tax Court. He is licensed as a certified public accountant in Indiana and is an adjunct professor at the Indiana University Maurer School of Law – Bloomington, where he teaches partnership taxation. He received his Juris Doctor and Bachelor of Arts from Indiana University – Bloomington.

Barnes & Thornburg has announced the opening of a Boston office, its 20th in the U.S., with six partners. The new office is anchored by the addition of highly experienced intellectual property partners Ronald E. Cahill, Heather B. Repicky, Rory P. Pheiffer and Derek Roller who join current partners Robyn S. Maguire and Matthew Leno. Boston is a critical market for the life sciences sector; the Boston office will reflect the firm’s established and growing intellectual property and life sciences practice as well as its corporate M&A, investment fund formation, commercial litigation and white collar practice groups.

Barnes & Thornburg’s move to open in Boston follows the addition of an accomplished team of attorneys in Delaware earlier in June and the opening of a New York office in 2020. The firm also opened offices in Raleigh, Ann Arbor and Salt Lake City in late 2019, which added 17 life sciences attorneys to its IP team.

Cahill, Repicky, Pheiffer and Roller, who join the firm’s Intellectual Property Department, previously practiced at Nutter McClennen & Fish LLP. They bring a wealth of patent litigation and patent prosecution experience, especially in the medical device, pharmaceutical and food sciences sectors. Not only has the team successfully represented clients in jury trials across the country as well as before the Federal Circuit and U.S. Supreme Court, they also have decades of experience working with Fortune 500 companies, top universities, and innovative startup companies in the Boston region and beyond with respect to all aspects of IP strategy.

The Boston office will primarily focus on intellectual property and investment and financing in the life sciences arena, as well as corporate M&A, investment fund formation, and commercial and white collar litigation.

Turner Padget Graham & Laney, P.A. is pleased to announce that Shareholder Reginald “Reggie” Belcher has been named a 2021 Leadership in Law honoree by South Carolina Lawyers Weekly. The annual event recognizes law firm leaders from across the Palmetto State who have gone above and beyond in their professions, achieved success in their law practice, made contributions to society and had an impact on their communities. A top ‘Lawyer of the Year’ award will be selected out of the class of honorees and revealed on August 20. Belcher will be honored at the event hosted by South Carolina Lawyers Weekly in Charleston, S.C. and profiled in the publication’s June 21 issue.

“Reggie is a pillar and dedicated member of the firm, and has earned his standing as a trusted advisor to our clients. He is also recognized as a leader throughout the legal industry and in the South Carolina communities we serve,” said C. Pierce Campbell, CEO and shareholder at Turner Padget. “This recognition is well-deserved and reflects his unwavering commitment to client service and to the practice of law at the highest level.”

Belcher counsels clients in state and federal courts and before government agencies in employment litigation, including discrimination, harassment and retaliation claims, as well as the enforcement of non-compete agreements, trade secrets and other restrictive covenants. He also helps employers avoid potential liability by conducting internal HR audits, training supervisors and managers on best HR practices, and developing the necessary employment policies and practices for compliance.

Belcher is among South Carolina’s few elite attorneys who are certified as Specialists in Employment and Labor Law by the South Carolina Supreme Court, and he has leveraged his professional experience to serve in more than a dozen leadership positions at Turner Padget and within the local legal, business and civic communities over the past 25 years. As Workplace Law Client Service & Development Leader, Belcher manages more than 20 lawyers and paralegals. He also leads the firm’s Statewide Professional Licensing Team, which defends professionals in disciplinary matters before boards regulated by the Department of Labor, Licensing and Regulation.

Belcher earned his law degree from the University of South Carolina School of Law, his graduate degree from the University of South Carolina and his undergraduate degree from West Virginia University.

KANSAS CITY, Mo. (June 21, 2021) – Littler, the world’s largest employment and labor law practice representing management, has added William S. Robbins, Jr. as a shareholder in its Kansas City office. Robbins was previously a shareholder at Polsinelli PC. His arrival follows a series of strategic additions to the firm in recent months, including shareholders Gerardo Hernandez (Fresno), Jorge Sales Boyoli (Mexico City), Lori Brown (Miami), Jessica Travers (Orlando) and Lisa Kathumbi (Columbus).

With a career spanning more than two decades, Robbins represents companies in a variety of industries in investigations involving compliance with federal and state Occupational Safety and Health Administration (OSHA) requirements, as well as in developing industry-specific workplace safety standards. He also defends employers in whistleblower cases alleging violations of OSHA, the Surface Transportation Assistance Act and the Federal Railroad Safety Act. With a deep background in labor management relations, Robbins provides counsel on matters relating to union certification, unfair labor practices, lawful union avoidance and labor contract negotiations. He regularly represents companies in labor arbitrations and before the National Labor Relations Board and the Kansas Public Employee Relations Board, as well as in federal, state and appellate courts.

Robbins received his J.D., with honors, from the Washburn University School of Law and his B.S. from the University of North Carolina at Chapel Hill.

New York, San Francisco – Sidley Austin LLP is pleased to announce that Nicholas Schwartz and Kristen Smith have joined the firm as partners in the Global Finance group. Mr. Schwartz joins the firm in New York and Mrs. Smith joins in San Francisco. They join from Kirkland & Ellis LLP where they were Debt Finance partners.

Schwartz has a wide range of debt financing experience, representing private equity sponsors and their portfolio companies as well as strategic borrowers in acquisition and non-acquisition matters. He has worked with an array of leading global private equity sponsors and their affiliates. He also specializes in the financing and strategic elements of restructurings, including complex liability management and other related capital structure transactions.

Over the course of her career, Mrs. Smith has represented numerous private equity sponsors and their portfolio companies, along with public and private companies, in a variety of debt financing transactions as both borrowers and lenders.

Perkins Coie and Brandywine Realty Trust announced today that the leading international law firm has signed a multi-year lease for over 18,000 square feet of state-of-the-art office space at 405 Colorado Street, a new trophy class office building in downtown Austin. Perkins Coie will occupy the 17th floor of the building beginning in early 2022 amid a continued expansion of its Texas operations.

With a reputation for serving many of the most prominent names in the global technology industry, Perkins Coie’s presence in Austin has quickly grown to 16 lawyers and 9 professional staff since entering the Austin market in February of 2020 with three lawyers.

The new 25-story 405 Colorado Street building is a Class-A building located in downtown Austin. Stephen Bay, Patrick Moody, Gregg Pasternack and Marc Vanderslice of CBRE represented Perkins Coie on the deal, while Troy Holme, Casey Ford and Katie Ekstrom of CBRE represented Brandywine Realty Trust, the building’s developers.

Perkins Coie ranked at 23 on Fortune’s “100 Best Companies to Work For®” for 2021 as one of America’s leading employers and workplaces. Perkins Coie has been included in Working Mother’s list of “Best Law Firms for Women” 12 times and was recognized by Microsoft as the 2020 “Top Performer” in its Law Firm Diversity Program. The firm also achieved Mansfield 3.0 Certification Plus from Diversity Lab in 2020, which measures how leading law firms have affirmatively considered women, attorneys of color, LGBTQ+ attorneys, and attorneys with disabilities for recruitment, equity partner promotions, and management positions among other benchmarks.

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

Compulsory licensing and IP waivers represent controversial topics in intellectual property. These mechanisms essentially suspend patent rights and permit countries to use a company’s intellectual property without the patentholders permission.

Talk about compulsory licenses and IP waivers has increased over the course of the COVID pandemic. Last week the Biden Administration even announced an IP waiver to help increase access to the Covid-19 vaccines. While it remains unclear how countries will proceed with respect to compulsory licensing or the IP waivers, it is time to start thinking about alternative mechanisms to increasing accessibility to the vaccines.

This article will first briefly explain the practical and technical hurdles to compulsory licensing and IP waivers and then provide three possible alternative mechanisms to increasing vaccine availability and accessibility.

Hurdles to Compulsory Licensing and IP Waivers

Before we can even consider waiving IP rights and allowing others to manufacture a product – in this case a vaccine – we have to consider the likelihood of success in such a scenario. While there have been success stories with compulsory licensing, namely Brazil issuing compulsory licenses for the HIV drug, efavirenz, those stories involve small molecule products that can be chemically synthesized. The Covid-19 vaccines that are manufactured by Pfizer and Moderna are very different from efavirenz and present a whole host of new issues. As a result, the efficacy of these proposals depends on a country’s internal technical capabilities to recreate the vaccine. Below are some issues presented by the Covid-19 vaccines that render compulsory licensing and IP waivers practically futile.

Covid-19 vaccines are new forms of vaccines

Pfizer and Moderna’s vaccines are not typical vaccines. Whereas traditional vaccines function by introducing parts of a virus — or a weakened form of a virus — Pfizer and Moderna’s vaccines use messenger RNA to cause host cells to produce the protein themselves. These are the first vaccines to utilize this type of technology and, given their novelty, information about how to make these vaccines is limited. While the technology underlying mRNA vaccines has been in development for decades, there are likely specific technological hurdles associated with, for instance, the coronavirus, mass production and scale up, and delivery mechanisms, that needed to be developed for this specific application. This additional information is not found in scientific journals or magazine articles, and it cannot be found in any patent application, yet.

The lack of available information is even more compounded by the fact that much of the vaccine manufacturing process relies heavily on trade secrets. These trade secrets hold critical scientific know-how that could be necessary for accurately replicating these vaccines. Without information and know-how of how to make these mRNA vaccines, countries will encounter difficulties in recreating them.

Covid-19 vaccines are complex to manufacture

The complexity of these vaccines further exacerbates the difficulties in recreating them. The NY Times recently published Pfizer’s 19-step process for manufacturing its vaccine. This 19-step process starts with pulling DNA from cold storage and ends with administering the vaccine. In between are all the steps required to grow cells, harvest DNA, transcribe the DNA into mRNA, and assemble the mRNA vaccine. At each point there are strict quality control measures designed to ensure that the end product will be what it is intended to be. Deviation at any point in this 19-step process can jeopardize the safety of the vaccine and put lives at risk.

In addition to the multi-step process of manufacturing these vaccines, obtaining the raw materials and having the proper manufacturing facilities to store them presents problems. There is currently a global shortage of raw materials to the point where even Pfizer is having difficulty obtaining the necessary materials for vaccine production. Moreover, the vaccines require storage at low temperatures and improper storage can result in lost vaccines. The spoiled vaccines in Emergent BioSolutions’ plant in Baltimore illustrate the difficulties of properly establishing manufacturing facilities. So even if countries possessed the necessary information about the vaccines, the complexity of manufacturing these vaccines on a large scale could be a particularly high barrier to overcome.

Alternatives to Increasing Access

Given the novelty and complexity of the Covid-19 vaccines, issues of safety, efficacy, and timing necessarily arise. Safety and efficacy because the lack of information surrounding these vaccines compounded by the complex manufacturing process increase the likelihood that any copycat vaccines will not be as safe or effective, and timing because figuring out, understanding, and scaling up the manufacturing process to the point where it can produce the desired amount of vaccine product will take time.

Instead of issuing compulsory licenses or IP waivers then, we should explore alternatives that will not only provide access to the vaccines, but do so in a safe, effective, and quick manner.

Collective Bargaining

Collective bargaining is one such alterative and this is not a new concept. Given the high cost of drugs, developing countries have often partnered with other developing countries or non-profit organizations to collectively bargain for lower drug prices. Dr. Anthony Fauci even helped negotiate a collective agreement in 2008 to help administer treatment for AIDS.  Groups like the WHO, Gavi, and the Coalition for Epidemic Preparedness (CEPI) are ones that can lead this approach. This is certainly a different approach than obtaining a right to use the underlying intellectual property for a treatment, and it requires countries or non-profits to have some financial strength to achieve an agreement as these entities will still have to pay for the treatment. Since there is strength with numbers, the cost per dose may be less if more groups are able to band together to facilitate a deal.

Provide Incentives

Another solution to this problem could be gleaned from the old adage of the “carrot and the stick.” While the compulsory licensing and IP waivers approach is akin to the “stick”, what is missing is the carrot approach. Under-developed countries could offer vaccine manufacturers other enticements that provide value other than monetary payment to secure deals for the vaccines. Such enticements could include public-private sector cooperation, the offer of real property such as facilities and equipment, name recognition, establishment of in-country programs for the development of trained labor, lowered tax rates for operation within their country, eliminated import-export tariffs/fees, and exclusive country-wide distribution as well as data collection on the offered vaccine or other products.

Corporate and Government Donations

Finally, it is important to recognize that Covid-19’s unique global impact is not lost on those involved, including vaccine manufactures and governments. Moderna has already recognized this and they have provided resources for not only using their intellectual property, but also have demonstrated a willingness to help countries that lack the ability to meet the needs of the country’s citizens. Moderna’s recognition of the problem that is facing the world provides a glimmer of hope for struggling countries. While it is unclear if their willingness to provide transparent access to provisional patents will ultimately lead to reduced prices, it does provide some hope that the developing world will not face an uphill battle when—and if—these countries seek to negotiate the cost of these vaccines.

Similarly, western governments have indicated that they would supply their access vaccine reserves to countries in need. The Biden Administration has, in fact, promised to make “excess” vaccines available, amounting to approximately 60 million doses. Together with industry, western governments can help ensure that struggling countries receive the necessary doses needed to combat this pandemic.

Conclusion

Countries face roadblocks for producing a viable vaccine candidate based on Pfizer and Moderna’s vaccines due to the hurdles in manufacturing the vaccines. Compulsory licensing and IP waivers do little to mitigate those issues. Alternatives that will allow the vaccine manufactures to continue producing their vaccines should be the primary focus.

By Joanna T. Brougher, Esq., MPH

“People targeted by a campaign robocall from former Gov. Bruce Rauner since his first campaign in 2014 will be eligible to earn a portion of a $1 million settlement agreement that was reached last month in a class-action case. The agreement would end the federal lawsuit against the former governor and his campaign entity, Citizens for Rauner, that was brought by Peter Garvey, an Illinois resident who received three prerecorded voice mails from Rauner’s campaign in 2018,” reports Sarah Mansur in Capitol News Illinois.

“The amount owed to each person has not been determined, according to the settlement notice website, because the total number of class members and the costs of settlement administration, as well as attorney’s fees, haven’t been finalized. The number of class members could exceed 35,000 people, according to Garvey’s lawsuit. As part of the settlement agreement, Rauner and his campaign deny all allegations of wrongdoing and liability made it the lawsuit.”

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“Devon Energy Production Co will pay $28 million to Texas well owners who say they were underpaid royalties after a federal court in the state granted final approval of a class action settlement and plan of allocation. The settlement is fair and reasonable considering the complexity and duration of the case, and the risks involved in establishing liability and damages, according to the U.S. District Court for the Northern District of Texas. The plan of allocation is also fair and reasonable to the class, the court said Wednesday,” reports Maya Earls in Bloomberg Law.

“Class counsel was awarded about $9.3 million in attorneys fees, according to the ruling. The court also approved about $612,000 in litigation expenses and $80,000 to be divided evenly among the named plaintiffs. Plaintiffs argued they were underpaid millions of dollars in royalties for processing gas extracted from wells at the Bridgeport Gas Processing Plant owned by Devon Energy’s affiliate, Devon Gas Services.”

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“Nasdaq listed Crinetics Pharmaceutical has hired Garlan Adams to fill the newly created position of general counsel. Adams was previously an adviser to Indivior on a range of compliance and litigation matters related to product commercialization including patient access, interactions with healthcare professionals, sales, marketing and product life-cycle issues,” reports Ben Maiden in Corporate Secretary.

“Before that, she was general counsel at Avanir Pharmaceuticals, a role in which she advised on matters related to compliance, clinical-stage development, sales, marketing, pricing and distribution, in addition to developing contracting processes and policies. Earlier in her career, Adams worked at Eli Lilly Company, Amylin Pharmaceuticals, Amgen and Onyx Pharmaceuticals, where she provided counsel on product labeling, launch readiness, medical affairs, manufacturing, sales, marketing, pricing and compliance.”

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“Campaign finance records show several Big Law leaders are backing Alvin Bragg, a former federal prosecutor and deputy New York attorney general, in Tuesday’s election for Manhattan’s next district attorney, a race that could reshape criminal justice in the largest U.S. city. Kim Koopersmith, chair of Akin Gump Strauss Hauer Feld, donated  to Bragg in May, a June campaign finance disclosure shows. Paul, Weiss, Rifkind, Wharton & Garrison chair Brad Karp donated $1,000 to Bragg’s campaign in May,” reports Caroline Spiezio in Reuters.

“The lawyers did not immediately provide comment. A spokesperson for Bragg said the candidate has the most stringent self-restrictions on lawyers contributions of any candidate in the race, barring donations from any attorney who had a case appear before the DA’s office over the last four years and limiting contributions from active New York City lawyers “to under 10% of what is allowed by law.”

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“The lawsuit, filed in Lake County, claims that the finger scan violates the Illinois Biometric Privacy Act, which regulates how companies can use an individual’s biometric data such as a fingerprint or a scan of the hand or face geometry,” reports Sarah Mansur in Capitol News Illinois.

“The law, passed in 2008, was first the state or federal law to establish a person’s individual right to sue over biometric privacy rights. It also requires that entities must have written consent from a person before collecting and storing that person’s biometric information.”

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“Like every team, the Chicago Bears have both underpaid and overpaid players. But every contract is unique, and there are varying degrees of underpaid and overpaid. Pro Football Focus recently conducted a review of all 32 teams and identified which players on each roster have the best and worst contracts. It should come as no surprise that Jimmy Graham was the pick for the worst contract on the Bears,” reports Bryan Perez in Bears Wire.

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“Aerotek utilized an online-only hiring application process. At the outset of the process, applicants were required to access an invite email from Aerotek that sent the applicant to a registration page. At the registration page, the applicant created a unique user ID, password, and selected security questions. Each time the applicant logged into the application system, the applicant was required to enter his or her unique user ID, password, and security question combination,” reports Bradley Arant Boult Cummings in JD Supra.

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“The Ohio Legislature passed S.B. 13 (the Act) which, among other things, shortened the statute of limitations for causes of actions predicated on written and non-oral contracts. The revisions to the Ohio Revised Code take effect June 16, 2021, and counsel and litigants that practice in Ohio should be aware of these new shortened time frames to commence lawsuits based upon contracts in Ohio,” reports McGlinchey Stafford in JD Supra.

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