Sidley is pleased to announce that Frank Favia, former general counsel at Guaranteed Rate, a leading financial services company that is one of the largest retail mortgage lenders in the U.S., has rejoined the firm’s Litigation group as a partner in Chicago. Most recently as general counsel, Mr. Favia led a legal department of over 200 lawyers, compliance professionals and staff, and was a member of the company’s executive leadership team.
Previously, Mr. Favia spent 14 years at Sidley in the Litigation group, where he focused on white collar and commercial litigation matters. He also served as a co-leader of the firm’s Private Equity Litigation practice, working on matters including M&A litigation, employment issues, and post-closing disputes related to indemnification, working capital, earn-outs, and purchase price adjustments. Mr. Favia also represented private equity firms’ portfolio companies in a wide variety of matters, including significant litigation and investigations, employment matters, and litigation avoidance strategies.
“We are thrilled to have the opportunity to bring Frank back to Sidley,” said Yvette Ostolaza, chair-elect of Sidley’s Management Committee and global co-leader of Sidley’s Litigation group. “He was instrumental in the growth of our PE litigation practice and our lawyers and clients are excited to have him back as a colleague and advisor.”
Sidley has approximately 750 litigation lawyers in North America, Asia, and Europe that practice in virtually every area of business disputes, including commercial trials, intellectual property, class action defense, appellate, international arbitration, and white collar. The firm’s “built-to-win” approach to litigation earned Sidley recognition as a finalist in The American Lawyer’s 2020 “Litigation Department of the Year” competition. “Built-to-win” emphasizes diversity, bringing together dynamic, cross-functional teams from different disciplines, practices, and perspectives to handle the most complex litigation matters and deliver winning results.

PHOENIX (February 28, 2022)—Perkins Coie is honored to announce that Diane Johnsen has joined the firm’s national Litigation and Appellate practice. Diane joins the firm after fourteen years of service as a judge on the Arizona State Court of Appeals.

Diane will become a member of Perkins Coie’s Appeals, Issues, and Strategies group, where she will serve clients across offices. She is also the newest addition to the firm’s Phoenix office, which manages a range of commercial litigation, including patent and other intellectual property disputes, public law and constitutional issues, business torts, contracts, antitrust litigation, product liability, corporate governance, securities, professional liability, and environmental litigation, as well as bankruptcy, environmental and natural resources, energy, water law, and white-collar criminal defense matters.

Diane was appointed to the Arizona Court of Appeals in 2006 and served as the court’s chief judge during 2014-15. In 2020, she received both the Arizona Judicial Branch’s “Judge of the Year Award” and the Arizona State Bar Association’s James A. Walsh Outstanding Jurist Award. “Diane’s vast judicial experience, and her insights into the judicial process will be enormously valuable to our clients,” said Jessica Everett-Garcia, the national chair of Perkins Coie’s Litigation practice. “We’re thrilled to welcome Diane to our litigation and appellate practice amid strong demand for our counsel and as we continue to manage many complex cases for clients in and beyond Phoenix.”

“Diane’s experience on the court of appeals bench will be an asset to our Phoenix office, and it allows us to further expand upon the range of legal counsel and services we are able to provide our clients,” said Todd Kerr, the managing partner of Perkins Coie’s Phoenix office. “I’m excited to welcome Diane to the firm and to continue our growth in Phoenix.”

Diane received her Juris Doctor from Stanford University, where she was an associate editor of the Stanford Law Review, her Bachelor of Arts, magna cum laude, from the University of Arizona, and a Master of Laws in Judicial Studies from Duke University. Before taking the bench, Diane was a commercial litigation attorney at Munger, Tolles & Olson in Los Angeles and at Osborn Maledon in Phoenix.

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 lawyers 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.

On February 28, 2022, Ralph C. Martin II joined Boston law firm, Prince Lobel, in the firm’s Litigation, White Collar Defense, and Internal Investigations practice groups.

Mr. Martin brings 40 years of legal, trial, and business experience to the firm, having been Chief Legal Officer for Northeastern University as well as the Suffolk County District Attorney from 1992 – 2002. He has a broad depth of professional experience as an active trial lawyer, with significant experience in the areas of corporate investigations, government investigations, white-collar defense, regulatory affairs, public/private partnerships, and general civil litigation.

As Chief Legal Officer for Northeastern University, he served on the eight-member Senior Leadership Team, which directs the overall strategic direction of the university under the leadership of the president. Mr. Martin also oversaw compliance, risk, labor relations, public safety and policing, and city and community relations.

Before joining Northeastern, Mr. Martin was the managing partner of the Boston office of Bingham McCutchen, an 1,100-lawyer international law firm. He has more than 30 years of experience as a trial lawyer and as a state and federal prosecutor.

Mr. Martin is also the former Suffolk County District Attorney, having served as the elected prosecutor for Boston, Chelsea, Revere, and Winthrop from 1992–2002. During his nearly 10 years in office, he was credited with helping to oversee substantial changes in the way law enforcement collaborated with other agencies to make dramatic improvements in crime prevention and prosecution.

Mr. Martin is the first African American district attorney in Suffolk County’s history. He was recognized for his leadership by former President Bill Clinton and former Attorney General Janet Reno, and traveled across the country to both lecture and consult on the business and strategy of managing and reducing crime.

Mr. Martin has been credited to have the ability to “see around corners when others can’t” and is a skilled problem solver who is not intimidated by complexity or extreme positions. It has been suggested that “City on a Hill,” an ongoing Boston crime drama on Showtime, is based on Mr. Martin’s career as Suffolk County’s District Attorney.

Mr. Martin served as an adjunct associate professor of legal studies at Brandeis University in 2000 and 2001 and as a lecturer on civil trial practice at Northeastern University School of Law from 1987-92.

He holds a J.D. from Northeastern University School of Law and a bachelor’s degree from Brandeis University.

Dykema, a leading national law firm, today announced the addition of Mark Chutkow as Leader of the firm’s Government Investigations and Corporate Compliance Team. Chutkow, who will reside in the firm’s Bloomfield Hills office, comes to Dykema after serving as an Assistant U.S. Attorney for 24 years, including the past 17 in the Eastern District of Michigan.

As the leader of Dykema’s Government Investigations and Corporate Compliance practice, Chutkow will help companies and executives navigate through complex, high-stakes government enforcement and civil litigation matters. His practice extends from fraud, RICO, and corruption matters to environmental enforcement actions. Chutkow’s experience spans routine compliance audits, high-stakes, high-profile investigations, and courtroom litigation.

“Mark is a top-tier, highly respected trial attorney and counselor who has more than two decades’ worth of invaluable experience leading and overseeing high-profile law enforcement matters,” said Mike Cooney, Director of Dykema’s Litigation Department. “His background as a Federal Prosecutor handling nearly every type of civil and criminal case will be a tremendous resource for our clients. We’re thrilled for Mark to lead our Government Investigations and Corporate Compliance Team.”

As a Federal Prosecutor, Chutkow first served as an Assistant U.S. Attorney in Seattle before transferring to the Eastern District of Michigan, where he headed the Public Corruption Unit and later the 85-prosecutor Criminal Division. In those roles, he investigated, tried, and supervised cases resulting in convictions of some of the most recognized names in local government. Chutkow also obtained and oversaw record-breaking criminal fines and penalties against global manufacturers and officials engaged in consumer fraud, corruption, and kickback schemes.

Throughout his career, Chutkow has received numerous honors, including multiple Director’s Awards for Superior Performance from the Executive Office for U.S. Attorneys, as well as recognition from IRS Criminal Investigation, the U.S. Department of Justice, and the U.S. Environmental Protection Agency. He received the Leonard R. Gilman Award for the practice of criminal law from the Federal Bar Association, Eastern District of Michigan. He is a Fellow of the American College of Trial Lawyers.

Chutkow earned a J.D. from the University of Chicago Law School and a B.A., cum laude, from Yale University.

DALLAS – Simon Greenstone Panatier, PC, announced today that the firm’s lead attorney in opioid litigation, Jeffrey B. Simon, working with a committee of trial lawyers and the Office of the Texas Attorney General, have reached historic settlements totaling $1.85 billion for Texans in the state’s ongoing opioid multidistrict litigation (MDL).

Members of the negotiating team that secured these opioid settlements included Dara Hegar of The Lanier Law Firm, Mikal Watts and Shelly Sanford of the firm Watts Guerra, attorney Dan Downey, and Ken Paxton and Lesley French of the Texas Office of the Attorney General.

The settlements were executed with several drug companies and distributors in the opioid supply chain, including Johnson & Johnson, Endo Pharmaceuticals, McKesson Corporation, Cardinal Health, Teva Pharmaceuticals and AmerisourceBergen.

A $1.775 billion cash award will reimburse local governments and the state of Texas for costs associated with opioid abuse and fund an intensive harm-reduction program to combat the ongoing epidemic. Additionally, $75 million is earmarked for NARCAN® Nasal Spray, a life-saving drug that can reverse opioid overdoses when administered in time, to be distributed across the state.

“Our firm is especially proud of our client Dallas County,” Simon observed. “Through its dedication to aggressively prosecuting its civil case, Dallas County has led the way in holding specific prescription opioid drug companies responsible for their roles in fueling the opioid epidemic. We thank the Honorable Robert Schaffer who has presided over the Texas Opioid MDL, for his skill and efforts in managing this litigation. I am also very gratified to see how trial lawyers, healthcare professionals, and public servants across a broad political spectrum found true common purpose and worked together in this resolution process on behalf of all Texans.”

About Simon Greenstone Panatier

Simon Greenstone Panatier, PC, is a nationally recognized trial law firm with a reputation for creative and aggressive representation of clients in a wide variety of catastrophic personal injury matters nationwide.

NEW YORK – February 28, 2022— Epiq, a global technology-enabled services leader to law firms and corporations, announced today it has appointed Cole Morgan as senior director for Epiq’s Legal Business Advisory Group.

Morgan brings to Epiq’s clientele decades of experience, unique advisory talent and authoritative legal operations and technology expertise. In this role, he will guide corporate legal departments through strategic transformation and digitalization initiatives that advance legal services management and deliver improved outcomes.

“General counsel and legal operations leaders require high value-add advisory and transformation services in order to deliver legal services more effectively and efficiently, and with more insights from data,” said Eyal Iffergan, Managing Director, Legal Business Advisory. “Cole’s addition to our team will further enable us to help complex, global corporations build and run world-class legal operations.”

Morgan has more than 20 years of management experience in the legal technology and legal operations sectors. Prior to joining Epiq, he was vice president of operations at Onit, where he helped corporate legal departments to optimize service delivery and develop strategies that define the value of legal services within the corporation. Previously, Morgan served in an in-house legal business operations role at LyondellBasell — a multinational, Fortune 500 chemical company.

Morgan further strengthens a team that was recently named the best provider in Legal Operations by ALM in their inaugural Legalweek Leaders in Tech Law Awards. “Our mission to empower innovation in legal service management continues to differentiate Epiq as a world-class global leader,” said Ziad Mantoura, Epiq’s Senior Vice President and General Manager, Legal & Consulting Solutions. “That mission is powered by our people, and we are thrilled to add someone of Cole’s caliber to our team. I’m sure our clients will be too.”

Morgan has an MBA from Rice University and a BBA in Management Information Systems from Texas A&M University. He is a member of CLOC and frequently speaks on issues relevant to corporate legal departments.

About Epiq Legal Transformation Services
Epiq Legal Transformation Services provides expertise and technology solutions to help in-house legal departments and law firms meet near-term challenges while empowering them to build a digital future. That vision includes driving automation into critical legal processes like spend management and contract management, incorporating innovative staffing models and turning data into actionable insights – all to improve outcomes. For more information on Epiq and its transformation services for the business of law, visit us here.

About Epiq
Epiq, a global technology-enabled services leader to the legal industry and corporations, takes on large-scale, increasingly complex tasks for corporate counsel, law firms and business professionals with efficiency, clarity and confidence. Clients rely on Epiq to streamline the administration and transformation of business and legal operations, class action and mass tort, court reporting, eDiscovery, regulatory, compliance, restructuring and bankruptcy matters. Epiq subject-matter experts and technologies create efficiency through expertise and deliver confidence to high-performing clients around the world. Learn more at www.epiqglobal.com.

Press Contact
Jessica Abad-Serpas
Epiq
+1 713 471 6702
jessica.abad-serpas@epiqglobal.com

Dallas Trial Lawyer Dick Sayles Inducted into D Magazine’s Inaugural Hall of Fame List

Mr. Sayles is one of 50 selected for prestigious honor

DALLAS – Esteemed trial lawyer and Bradley partner Dick Sayles is being honored as a member of D Magazine’s first Best Lawyers in Dallas Hall of Fame list. The award is one the magazine is bestowing only on attorneys who have been named to its Best Lawyers in Dallas list a minimum of 15 times.

“When you’re doing a client’s work, you’re of course concentrating on that and not really thinking about these kinds of honors,” said Mr. Sayles. “But it is very gratifying to see the good work you do honored in this way. And it is nice to be included among the other fine lawyers named to this list.”

Mr. Sayles has developed a national reputation for his work in the courtroom, bringing over 150 cases to verdict and earning more than a dozen multimillion-dollar jury verdicts along with high-profile defense wins. He has an active caseload in state and federal venues across the country, representing clients in a range of commercial litigation including securities, healthcare, product liability, patent infringement disputes and high-stakes commercial litigation.

Honored as the Dallas Bar Association’s Trial Lawyer of the Year in 2018, Mr. Sayles has also been recognized by Benchmark Litigation and Best Lawyers in America. In addition, he is a Fellow in the American College of Trial Lawyers, the International Academy of Trial Lawyers, and the International Society of Barristers. Mr. Sayles was featured in Texas Lawbook’s “Lions of the Texas Bar” and has been selected among the Texas Super Lawyers Top 10 lawyers in Texas multiple times. Mr. Sayles was previously named in the 2020 edition of the Lawdragon 500 Leading Lawyers in America, and most recently he was inducted into Lawdragon’s Hall of Fame earlier this year.

About Bradley

Bradley combines skilled legal counsel with exceptional client service and unwavering integrity to assist a diverse range of corporate and individual clients in achieving their business goals. With offices in Alabama, Florida, Mississippi, North Carolina, Tennessee, Texas, and the District of Columbia, the firm’s nearly 600 lawyers represent clients worldwide in a wide range of professions, including financial services, healthcare, construction, technology, energy, insurance, and many others.

Contract Logix, a leading provider of data-driven contract management software, today announced the appointment of its new Chief Executive Officer (CEO), Karen Meyer. Meyer brings more than 20 years of Software as a Service (SaaS) experience to the role, as well as a passion for helping organizations scale and grow.

She joins Contract Logix from Upland Software, where she served as head of the company’s Global Customer Success organization, responsible for commercial and customer engagement teams for over a dozen products. Meyer will leverage this experience to lead and accelerate Contract Logix through its next phase of growth, as it continues its mission to help organizations uncover and mitigate hidden contractual risk through process automation, data-driven intelligence, and real-time collaboration.

In her prior role, Meyer was critical in driving Upland’s M&A and integration strategies leading to high growth and strong customer retention. She brings a unique blend of customer advocacy, communications, and sales effectiveness and enablement skills to Contract Logix. She also held executive leadership roles at Qvidian, a proposal and RFP automation provider, leading to the acquisition of the company in 2017.

“Contract Logix has over fifteen years of experience helping customers automate and optimize their contract management and support their broader digital transformation efforts, and I could not be more excited about joining this team,” said Meyer. “I am passionate about listening to customers and helping solve problems. Joining a company with a customer-centric culture focused on helping them successfully achieve fast time-to-value and broad user adoption seemed like the perfect fit. I look forward to helping grow our business and strengthening existing relationships.”

“As a longtime leading provider of data-driven contract lifecycle management software, Contract Logix has a tremendous growth opportunity in serving the needs of any organization looking to streamline their contracting processes,” said Lewis Miller, Chairman of the Board of Directors at Contract Logix. “We believe Karen will help accelerate the pace of growth and innovation of the company, and with her outstanding mix of strategic and operational experience, Contract Logix will continue to scale with speed.”

This announcement closely follows a period of significant growth for Contract Logix. Over the past 12-months, the company has seen a triple-digit percentage increase in platform usage as it rapidly adds new customers and expands existing relationships. This tremendous growth is evidence of the need and desire for organizations to digitally transform and simplify the way they conduct business with greater compliance, business agility, security, and collaboration.

February 23, 2022 – Wiggin and Dana announced its participation in Diversity Lab’s Mansfield Rule for Midsize Law Firms, underscoring the firm’s commitment to tangible progress towards greater Diversity, Equity and Inclusion across the firm and in the legal profession. From March 2022 to September 2023, the firm will join other participating firms in a certification process to boost diversity in leadership.

The Mansfield Rule aims to broaden the pool of women, LGBTQ+ lawyers, lawyers with disabilities, and racial and ethnic minority lawyers who are considered for entry-level and lateral attorney job openings, leadership opportunities, partner promotions, and opportunities to connect with clients. Participating firms must engage in hiring, promotion and leadership transition activities aimed at increasing representation of underrepresented lawyers in leadership roles to at least 30 percent. Diversity Lab, an incubator for innovative ideas and solutions that boost diversity and inclusion in the legal industry, developed the midsize iteration of the Mansfield Rule initiative to better serve appropriate firms.

“The Mansfield Rule provides a framework for us to increase representation and promotion of diverse talent, which is critical to our mission of working towards a more equitable and inclusive firm and legal industry,” said Tim Diemand, Wiggin and Dana’s Managing Partner. “DEI is a cornerstone of our firm’s culture and The Mansfield Rule will help ensure that we remain intentional in our efforts.”

“Real progress towards representation requires action and measurement,” said Jana Simon, Wiggin and Dana’s Chief DEI Officer. “These two areas act as pillars of the Mansfield Rule, allowing us to take meaningful steps on the road towards advancing diversity and inclusion.” Wiggin and Dana’s DEI action plan, DEI DRIVE, aims to drive the firm into the top 33 percent of its law firm peer group for diversity in five years, and the top 25 percent in ten years. The firm’s participation in the Mansfield initiative follows several important steps taken towards Wiggin and Dana’s DEI goals. Last month, the firm created a C-level leadership role fully dedicated to addressing DEI.

The International Association of Defense Counsel (IADC) has announced that Lyndey R. Z. Bryant, a partner at Adams and Reese LLP in Columbia, South Carolina, has accepted an invitation to join the IADC, the preeminent invitation-only global legal organization for attorneys who represent corporate and insurance interests.

“As a participant in the IADC’s 2018 Trial Academy, I am familiar with the IADC’s dedication to continued education, leadership skills training, and opportunities to network and grow through relationships with other lawyers,” Ms. Bryant said. “I am excited for the opportunity to get more involved with the IADC as I have seen the tremendous impact it has had on partners of mine over the years.”

Ms. Bryant focuses her practice in the areas of commercial litigation; appellate; financial services litigation (commercial and consumer); and estate, trust and fiduciary litigation.

Ms. Bryant currently serves on the executive committee of the John Belton O’Neall American Inn of Court and as a member of the South Carolina Women Lawyers Association. In addition, she is actively involved with the South Carolina Bar, including as a council member of the Trial and Appellate Advocacy Section, a member of the Diversity Committee, and chair of the inaugural Pro Bono Committee of the Young Lawyers Division. She also is a graduate of the South Carolina Bar Leadership Academy.

Ms. Bryant received her J.D. from the University of South Carolina School of Law and her Bachelor of Arts from Furman University.

About the International Association of Defense Counsel
The IADC is the preeminent invitation-only global legal organization for attorneys who represent corporate and insurance interests. Founded in 1920, the IADC has members who hail from six continents, 51 countries and territories, and all 50 U.S. states. The core purposes of the IADC are to enhance the development of skills, promote professionalism, and facilitate camaraderie among its members and their clients, as well as the broader civil justice community. For more information, visit www.iadclaw.org.

Venable filed a trade secret misappropriation lawsuit in the Southern District of New York on behalf of Hedgeye Risk Management, an independent investment research and online financial media firm. The defendants are Nadine Terman, founder and CEO of Solstein Capital and a regular television business news contributor, together with Solstein Capital itself. The complaint alleges that Terman and Solstein conspired with investor Steven Lamar and a disgruntled former Hedgeye managing director, Darius Dale, themselves defendants in a related lawsuit Venable filed on behalf of Hedgeye last year in the same court.

Terman’s hedge fund, Solstein Capital, subscribed to Hedgeye’s institutional research from 2017 until April 2021. The complaint alleges that in March 2021, Terman contacted then-Hedgeye macro analyst Darius Dale and developed a plan whereby 1) Dale would steal Hedgeye’s trade secrets 2) Dale’s and Terman’s partner and co-conspirator Steven Lamar would finance and manage the launch of a competing business, “42 Macro,” and 3) 42 Macro would provide Solstein with research virtually identical to what Solstein had been buying from Hedgeye.

The Venable team includes Eric Prager and Tom Wallerstein.

Venable LLP is pleased to announce that Laura A. Stefani has joined the firm as a partner in the Communications Practice in the Washington, D.C., office. Ms. Stefani works at the intersection of law, policy, and technology, providing clients with creative regulatory solutions to bring new wireless technologies to market.

Ms. Stefani’s areas of focus include unlicensed and licensed wireless technologies, unmanned aircraft, satellite systems, wireless power transfer systems, wireless medical devices, and the Internet of Things. She advocates for clients on licensing, market entry, and spectrum allocation issues before the Federal Communications Commission (FCC), the National Telecommunications and Information Administration (NTIA), and other federal agencies. She also advises on regulatory strategy and enforcement, including investigations by the FCC’s Enforcement Bureau.

Lawrence H. Norton, chair of the firm’s Government Division, said, “Laura has a reputation as a trusted advocate who works collaboratively with clients, policymakers, and others to deliver results. She will strengthen our ability to help clients with emerging technologies to navigate a complex regulatory landscape.”

Commenting on her move to Venable, Ms. Stefani said, “Venable’s attorneys are well-known for understanding the multidimensional regulatory and transactional challenges facing clients and how they intersect with evolving technologies and competitive business models. This platform will be an invaluable asset to my clients as they continue to bring new wireless technologies to market.”

Ms. Stefani received her J.D. from the George Washington University Law School, and her B.A. in Economics from Lawrence University.

Venable LLP is an American Lawyer Global 100 law firm headquartered in Washington, DC that serves as primary counsel to a worldwide clientele of large and mid-sized organizations, nonprofits, high-net-worth entrepreneurs, and other individuals. With more than 850 professionals across the country, including in California, Delaware, Illinois, Maryland, New York, Virginia, and Washington, DC, the firm strategically advances its clients’ objectives in the United States and around the globe. Venable advises clients on a broad range of business and regulatory law, legislative affairs, complex litigation, and the full range of intellectual property disciplines. For more information, please visit https://www.venable.com/.

February 22, 2022 – Wiggin and Dana has announced that Susan Wertheim has joined the Firm’s New Haven office in the newly-created role of Chief People Officer. Wertheim is the firm’s fourth C-level leadership hire in the past two years as Wiggin and Dana continues to strengthen its professional staff.

Wertheim joins the firm from Goodwin Procter, where she served as Director, Human Resources Business Partners.

This hire continues Wiggin and Dana’s run of “Chief” level appointments that have significantly strengthened its professional management team. In January, the firm elevated Jana Simon to Chief Diversity, Equity and Inclusion Officer. David Tefft, previously of Eversheds Sutherland, joined the firm as Chief Technology Officer in July 2021; Brad Quilici, formerly of Hughes Hubbard & Reed and Paul, Weiss, joined as Chief Marketing Officer in March 2021; and Mike DeLargy joined as Chief Operating Officer in March 2020 from Barnes & Thornburg.

“Top-tier professional leadership plays a critical role in driving our overall growth,” said Timothy Diemand, the firm’s managing partner. “As we make progress towards our strategic goals, Susan will drive the human resources strategy development that is so critical to our growth.”

“Susan’s impressive experience leading HR programs throughout the legal industry will ensure that Wiggin continues to be a cultural destination for top talent,” said Mike DeLargy, Wiggin and Dana’s Chief Operating Officer. “Susan will ensure delivery of a high-quality, consistent experience for candidates and employees, a valuable asset in today’s hyper-competitive talent market.”

In her role, Wertheim will be vital to the executive leadership team. She will lead essential HR-related functions such as compensation, benefits, policy development, legal compliance, employee relations, and employee communications, and oversee and implement a comprehensive talent management strategy.

Wertheim received her B.A. from Ithaca College.

About Wiggin and Dana
Wiggin and Dana is a national law firm with more than 160 attorneys. We are a true partnership of highly talented, creative, and experienced lawyers dedicated to exceeding our clients’ expectations every day. With offices in Connecticut, New York, Philadelphia, Washington, DC, and Palm Beach, we represent clients throughout the United States and globally on a wide range of sophisticated and complex matters. From defending the Fortune 500 in “bet-the-company” litigation to helping the next generation of inventors bring new technologies to market, to preserving the wealth that family businesses worked so hard to create, we pride ourselves in offering value-driven solutions and results.

Michael Best Names Matthew Moss as Chief Financial Officer

Michael Best is pleased to announce the addition of Matthew (Matt) Moss to the firm as Chief Financial Officer. Moss will be based in the firm’s Chicago office.

As the firm’s Chief Financial Officer, Moss will lead the Accounting and Finance operations, supporting the success of the firm’s clients, partners, employees, and other stakeholders. He will work to advance the strategic priorities of the firm and provide sound financial stewardship. Bringing more than fifteen years of experience, Moss joins the firm’s executive c-suite alongside the chief growth officer, chief talent officer and chief innovation & technology officer.

“Matt’s extensive experience in a variety of professional service fields will be a great asset to our firm and our clients as we continue to provide new and innovative approaches particularly in the areas of pricing and adoption of technologies to deliver legal services as efficiently as possible to our clients,” said David Krutz, Firm Managing Partner. “His business acumen will also help guide the firm as we continue our growth in new markets like North Carolina and Colorado, as well as new services through Michael Best Strategies.”

Prior to joining Michael Best, Moss held leadership roles including serving as the Senior Director of Financial Operations for Huron Consulting Group and Midwest Finance Director for Willis Towers Watson. In these roles, Matthew consistently spearheaded finance and accounting operations while successfully implementing multiple large initiatives to drive strategic vision.

Moss received his B.S. in Communication from Illinois State University, and his M.B.A. from The University of Chicago Booth School of Business.

Moore & Van Allen PLLC (MVA) is pleased to announce the arrival of Michele M. Glessner as a member of the firm’s Intellectual Property Group. Glessner is both a trained trademark and a registered patent attorney. Glessner counsels clients in a wide variety of business sectors on complex trademark, patent, copyright, and other intellectual property issues. She was previously a partner at Alston & Bird.

“Michele joins us at an exciting time as we continue to grow our practice to meet the demand among our IP clients for trusted legal counsel,” said W. Kevin Ransom, head of the firm’s Intellectual Property Group. “Her proven track record counseling clients on a wide variety of intellectual property issues and her diverse background will further bolster our ability to serve our clients.”

Glessner offers a unique skill set as both a trademark and a patent attorney. She concentrates her practice on trademark and copyright portfolio management, counseling trademark clients in a variety of industries, including retail store services, financial and insurance services, footwear, textile and home products, apparel, packing, soil conditioning, agrochemical, and food services. She has experience in prosecuting foreign and domestic trademark applications and handling trademark enforcement matters, including matters in challenging jurisdictions such as China. As a mechanical engineer and registered patent attorney, however, she also advises clients on various patent matters, including utility and design patent prosecution, freedom-to-practice, and patent portfolio analysis. Glessner has assisted clients with patents in the fields of wireless telecommunications, digital programming services and user interfaces, biomedical devices, and consumer packaging.

Fluent in Arabic and proficient in French, Glessner earned her J.D., magna cum laude, from the University of Notre Dame, and her B.S. in Mechanical Engineering, magna cum laude, from Cornell University. She is an active member of the Carolina Patent, Trademark & Copyright Law Association.

About Moore & Van Allen
Moore & Van Allen PLLC (www.mvalaw.com), founded in 1945, has nearly 400 attorneys and professionals serving clients in over 75 areas of focus. The attorneys at Moore & Van Allen provide sophisticated legal services within nationally recognized Litigation, Corporate, Financial Services, Intellectual Property, Bankruptcy, and Commercial Real Estate law practices for international banks and financial services companies, domestic and global manufacturers, retailers, individuals, and healthcare and technology organizations. The firm is ranked in the prestigious “Am Law Global 200” list, and U.S. News & World Report and Best Lawyers have recognized Moore & Van Allen in their 2022 “Best Law Firms” rankings, both regionally and nationally.

Camille Avant, a Board Certified labor and employment attorney with an established commitment to providing representation and counsel to businesses and employees within DFW and the surrounding Texas areas, is joining Crawford, Wishnew & Lang as a partner, the firm has announced.

“I am excited to join CWL’s team of seasoned trial attorneys,” Camille said. “As an employment attorney, I understand the importance of finding the right fit at work. I believe this is it. CWL’s reputation is commendable, and I look forward to working with the team.”

Camille has vast experience defending employers and employees before state and federal courts, arbitration tribunals, and administrative agencies, including the Equal Employment Opportunity Commission (EEOC), U.S. Department of Labor, and the Texas Workforce Commission. Camille is an employment and commercial litigator and represents and counsels employers and employees in all aspects of employment, labor, business, and commercial law.

Before joining Crawford Wishnew & Lang, Camille was a partner at Clouse Brown PLLC, a reputable employment and commercial trial firm in Dallas.

Camille is a graduate of Southern Methodist University Dedman School of Law, J.D., cum laude, 2013, and of the University of Louisiana at Lafayette, B.A., cum laude, 2010.

Said partner Dave Wishnew: “Camille as a partner at CWL is a continuation of our devotion to protecting and serving the interests of our clients. We’re proud to have Camille as a key part of our team.”

In 2021, the Uniform Law Commission (ULC) finalized its Uniform Personal Data Protection Act (UPDPA), a model law intended to be a guide to states seeking to enact broad privacy laws. Unfortunately, the ULC’s law is beyond disappointing.  Quite frankly, the UPDPA is quite terrible. No state should adopt it in whole or in part. It is hard to find anything to salvage in the UPDPA. It’s a law as clunky as its acronym.  I find it shocking that the ULC could propose such a awful law. It is, sad to say, quite shameful.

The UPDPA is quite spare and loose. The heart of the law is basically as follows: (1) companies can use personal data without people’s consent as long as there is a “compatible data practice” and (2) if the event of an “incompatible” data practice, companies only need to provide a chance to opt out.

The ULC has cooked up a broth that is so insubstantial, so thin and fetid, that it is hardly any different from bilge water. One might think I’m exaggerating for dramatic effect, but if you look at the law, you’ll see that my comments are far from rhetorical flourishes but are quite restrained.

More specifically, Section 7(a) provides:

A controller or processor may engage in a compatible data practice without the data subject’s consent. A controller or processor engages in a compatible data practice if the processing is consistent with the ordinary expectations of data subjects or is likely to benefit data subjects substantially.

This provision is so vague that it permits companies to do nearly anything. Even data practices that are not expected by people are fine if a company deems them “likely to benefit data subjects substantially.” Every company thinks that what it does provides a benefit and makes the world a better place. It’s hard to imagine how anyone could fail to cook up a rationale for nearly any data use that wouldn’t somehow constitute a “compatible” practice.

This is quite bad, but the UPDPA gets even worse.  Section 8(b) provides:

A controller may process personal data that does not include sensitive data using an incompatible data practice if at the time personal data is collected about a data subject, the controller provides the data subject with notice and information sufficient to allow the data subject to understand the nature of the incompatible data processing and a reasonable opportunity to withhold consent to the practice.

When companies use personal data for incompatible purposes, the UPDPA just requires an opportunity to opt out. This is the much maligned notice-and-choice approach, which has been savagely criticized for decades. Modern laws have been moving away from the notice-and-choice approach, and even those that adopt it at least make some attempt to reign it in or otherwise make it less noxious.

The law is essentially allowing the fox to guard the henhouse and telling the fox to eat only chickens when compatible with its appetite.

The UPDPA provides the barest of rights (mainly access and correction). Although I have been critical of rights as insufficient to protect privacy, the solution isn’t to omit most rights that other laws provide.

When it comes to obligations on data controllers, the UPDPA also barely requires anything – just a risk assessment that remains confidential. This is paperwork that nobody will see, with no standards, and with no consequences. Most laws impose quite a few duties on data controllers, but the UPDPA asks hardly anything from data controllers. The law is not really a privacy protection law but a pathetic attempt to legitimize nearly unfettered collection and use of personal data with hardly any responsibilities and zero accountability.

In retro fashion, the law adopts an antiquated definition of personal data, Section 2(10): “‘Personal data’ means a record that identifies or describes a data subject by a direct identifier or is pseudonymized data.”

The modern way to define personal data is based on the EU’s General Data Protection Regulation (GDPR) — as identified or identifiable information. But the UPDPA only focuses on data that directly identifies individuals even when so much data can readily be linked to a person. The vast majority of the approximately 150 comprehensive privacy laws worldwide adopt definitions akin to the GDPR, as do recent US state privacy laws.

Of course it’s no big surprise that the UPDPA lacks a private right of action and has minimal enforcement. But it doesn’t matter, as there’s hardly anything in this law to enforce.

The UPDPA doesn’t push the law forward. It is hard to find anything in the law to advance the ball even an inch. This law does more to hurt privacy than to help it. The law basically tells business to do whatever they want with hardly any restrictions. And, if businesses are somehow so ridiculously out of line that they contravene the law, there are hardly any consequences.

The UPDPA is not an attempt at compromise between industry and consumer protection advocates. It’s not even a good attempt to pander to industry because many companies have proposed laws far more privacy protective than the UPDPA. Perhaps the UPDPA is an attempt to pander to a very small and shrinking segment of industry that wants to imagine a world 50 years ago and forget about the GDPR, the explosion of privacy laws worldwide, and the emerging new privacy laws in the U.S. states.  The UPDPA is an exercise in denialism.

I struggle to see what the purpose of the UPDPA is. It certainly won’t gain any respect among any commentators beyond the most stalwart pro-industry types. It won’t gain respect from the EU, as it doubles down on so many things that are derided about the US approach to privacy. It won’t gain the respect of other countries. It is weaker than the state laws being passed now and weaker than most other privacy laws on the books. It won’t help consumers or address the concerns animating the wave of privacy legislation right now. Doing nothing is better than enacting the UPDPA. I thus wonder what the point of the UPDPA really is.

In contrast to the ULC effort, the American Law Institute (ALI) engaged in a similar effort to guide privacy legislation — the Principles of the Law, Data Privacy. I was a reporter on the project along with Professor Paul Schwartz (Berkeley Law). Our process was an extensive seven-year effort involving a diverse group of thought leaders: academics, in house counsel, law firm attorney, and judges. Industry perspectives were well represented, as were academic ones from a variety of viewpoints. We reached a reasonable consensus. There are many aspects of our ALI project that I personally might have written differently were I king, but our goal was to forge a good compromise. We proposed approaches that aimed to push the law forward and that a wide range of stakeholders could live with.  For more background on the ALI Data Privacy Principles project, I wrote a short essay with Paul about it here.

Unfortunately, the ULC effort seems not to have attempted to reach any kind of compromise and appears to have excluded a diverse range of viewpoints.

Hopefully state legislatures will see the flaws of the UPDPA and ignore it. There’s a clear call from the public for meaningful privacy protections. Passing a hollow law might placate people for a few years until they realize they’ve been had, and then the call for stronger privacy laws will continue.

The UPDPA is obsolete on arrival, not only using antiquated approaches, but also even watering them down. The ULC should scrap the UPDPA and start over from scratch.  State legislatures should avoid the UPDPA in its totality.

* * * *

This post was authored by Professor Daniel J. Solove, who through TeachPrivacy develops computer-based privacy and data security training. He also posts at his blog at LinkedIn, which has more than 1 million followers.

Professor Solove is the organizer, along with Paul Schwartz, of the Privacy + Security Forum an annual event designed for seasoned professionals. 

LOS ANGELES – Barnes & Thornburg has added Lilit Asadourian to the firm’s Los Angeles office as a partner in the Litigation Department, where she will practice in the firm’s nationally-recognized Insurance Recovery and Counseling group.

Asadourian focuses her practice on insurance recovery, bringing over two decades of insurance dispute and financial litigation experience in private practice and in-house with two major banks. As a litigator, Asadourian represents corporate policyholders in breach of contract and bad faith disputes, which involve first- and third-party coverage claims.

Asadourian joins on the heels of two insurance recovery partners, Kevin Dreher in Chicago and Austin Bersinger in Atlanta, in 2021. She bolsters a growing roster of talent who have secured billions of dollars of insurance recovery for policyholders, ranging from Fortune 100 companies to small, privately held businesses.

“As we navigate our way out of the pandemic, we expect to see a significant increase in insurance recovery analysis and claims on behalf of our corporate clients,” said Randy Brown, chair of the firm’s Litigation Department. “Lilit’s diverse range of experience within financial and insurance recovery sectors make her a great team asset that will further bolster the firm’s ability to effectively serve our clients’ needs throughout the changing market.”

Asadourian’s insurance recovery practice involves claims that emerge under commercial general liability, fiduciary, property, errors and omissions, directors and officers, and employer liability policies. In addition to her insurance recovery experience, Asadourian represents financial institutions in matters involving residential mortgage-backed securities, loan-repurchase litigation and other complex commercial disputes.

“Lilit’s decades of experience in private practice and in-house make her an excellent addition to the Los Angeles office,” said David C. Allen, Los Angeles managing partner. “In addition to her outstanding legal know-how, Lilit provides beneficial strategic guidance to her clients. Her ability to understand clients’ perspectives, plan for risks and advise how to insure against risks and, when litigation is necessary, implement targeted litigation strategies makes her an extremely effective litigator.”

Asadourian earned her J.D. from the University of California, Los Angeles School of Law and her B.A., cum laude, from the University of California, Los Angeles.

With more than 700 attorneys and other legal professionals, Barnes & Thornburg is one of the largest law firms in the country. The firm serves clients worldwide from offices in Atlanta, Boston, California, Chicago, Delaware, Indiana, Michigan, Minneapolis, New York, Ohio, Raleigh, Salt Lake City, Texas and Washington, D.C. For more information, visit us online at www.btlaw.com or on Twitter @BTLawNews.

After announcing the opening of its new office in November of last year, Buchalter is pleased to announce that Shareholders Douglas Farr, Lance Lehnhof, and Blake Cooper have joined in Salt Lake City along with Blake Tengberg, Karl Israelsen, and Trevor B. Fugate.

“We are thrilled to welcome Doug, Lance, Blake C., Blake T., Karl, and Trevor to Buchalter,” said President and Chief Executive Officer Adam Bass. “As highly respected attorneys who will each make significant contributions in Salt Lake City and to the Firm, they are fantastic additions.”

Farr focuses his practice on commercial litigation helping clients navigate complex legal issues. He assists clients across a variety of industries, including real estate, financial services, bankruptcy, construction, renewable energy, and direct sales/multi-level marketing. Farr’s experience also spans from representing creditors through the complexities of bankruptcy cases to litigating cases with legal issues involving secured transactions, judgment collections, water rights, construction defects, securities, partnership disputes, land use and zoning disputes, the Americans with Disabilities Act (ADA), the Clean Water Act and the Fair Debt Collection Practices Act (FDCPA).

Farr has been recognized as a Mountain States Super Lawyers® “Rising Star,” Business Litigation from 2014-2021. He was also named “Utah’s Legal Elite: Up and Coming” in Civil Litigation from 2015-2021, by Utah Business Magazine.

“Given Buchalter’s extraordinary commitment to client service, I am eager to integrate my practice and collaborate with the highly regarded litigation practice attorneys,” said Farr.

Lehnhof advises clients on a wide range of corporate and transactional matters, including mergers & acquisitions, equity and debt financings, strategic ventures and transactions and general corporate law matters facing companies ranging from start-ups to seasoned industry leaders.

“My team and I are very excited to join Buchalter’s growing Salt Lake City office,” said Lehnhof. “The Firm’s entrepreneurial mindset, remarkable caliber of attorneys, and exceptional full-service platform allows us to offer clients a wider range of legal solutions while continuing our personal and tailored approach to client service.”

Cooper closes complicated mergers, acquisitions and joint ventures, and navigates fundraising transactions to get clients access to capital. He has counseled clients ranging from startups to Fortune 50 companies. He also has extensive experience in helping mid- and small-cap public companies manage SEC reporting and capital markets issues.

Tengberg has an active startup and emerging growth companies practice, particularly in the technology space. He frequently represents companies through the life cycle of their business, including corporate formation, seed and venture financings, governance, and mergers and acquisitions. He also has experience in mergers & acquisitions and securities offerings, with a particular focus on the JOBS Act, Regulation D, and Regulation A offerings.

Israelsen, who will work out of both the Salt Lake City and Los Angeles offices, counsels clients on venture capital and angel financings, mergers and acquisitions, fund formation, private equity transaction, public offerings, SEC reporting, business formation, and corporate governance. He advises entrepreneurs, companies and investors ranging from small startups and individual investors to national and multinational companies and large investment funds.

Fugate rounds out the team and focuses on assisting with corporate and transactional matters.

Last November, Buchalter announced the opening of its new Salt Lake City office with the addition of seven lawyers – Shareholders Keven Rowe, Jed Burton, and Blake Terry along with Landon Hardcastle, Trevor Vincent, Carly Briggs, and Clayton Smith. In addition to five staff members, the office also now has three law clerks – Jack Darrington, Zachary Marquez, and Clayton Smith.

Rowe, recently named as Firm-wide Chair of the Real Estate Commercial Finance Practice group, represents clients in commercial finance, complex real estate development and leasing, and corporate law. He has closed numerous complex asset-based, commercial, construction, syndicated, and securitized loans throughout the United States for lenders such as Wells Fargo Bank, and for numerous individual and corporate borrowers.

Burton, a member of Real Estate Practice group, has extensive experience navigating both the legal complexities and business realities of sophisticated commercial real estate transactions. He offers clients a unique perspective as former in-house counsel for a publicly traded REIT. His expertise includes acquisitions, dispositions, leasing, real estate finance (representing both lenders and borrowers), and mezzanine debt with special proficiency in transactions involving self-storage, shopping centers, and drive-thru retail.

“We could not be happier with the additions of Doug, Lance, Blake C., Blake T., Karl, and Trevor, and the growth of our office so soon after we opened,” added Burton. “We are excited to see what lies ahead.”

Terry, also a member of the Real Estate Practice group, handles projects across the entire United States, in each province of Canada, as well as parts of Central America. His practice encompasses all aspects of real estate law, including sales, purchases, leasing, financing, development and redevelopment, easements, CC&R’s, owners’ associations, development agreements, due diligence review for title and survey matters, and associated agreements.

“The talented lawyers who have joined us in Salt Lake City are a natural cultural and business fit,” added Bass. “We look forward to further expanding our footprint in the Utah region in the near future.”

Orsinger, Nelson, Downing & Anderson Welcomes Family Law Attorneys Ryan Branch, Kaleigh Downing

Attorneys bring Family Law, Property Division expertise to the team

DALLAS – Nationally recognized Family Law firm Orsinger, Nelson, Downing & Anderson welcomes attorneys Ryan Branch and Kaleigh Downing to the firm.

“Ryan and Kaleigh are talented attorneys with the experience we need to add to our already smart and dedicated team,” said Scott Downing, managing partner of Orsinger, Nelson, Downing & Anderson.

Mr. Branch comes to the firm with extensive experience in Family Law matters, including divorce, child custody, child support and property division. His work has been honored by legal peers with recognition in Texas Super Lawyers Rising Stars. Mr. Branch is a member of the Rockwall County Bar Association, Dallas Bar Association and the State Bar of Texas Family Law section.

Mr. Branch served 10 years in the U. S. Air Force, where he received the Joint Service Achievement and the Joint Service Commendation medals.

Kaleigh Downing focuses on divorce, child custody and property division, among other Family Law matters. She can relate to her clients and understands the impact of divorce as she grew up in a blended family. Ms. Downing earned her law degree from St. Mary’s School of Law and received her undergraduate degree from Texas Tech University.

The firm is often recognized by the legal industry for managing complex family law matters, including divorce, child custody and international custody disputes, property division and appellate issues.

Orsinger, Nelson, Downing & Anderson has served families for almost 30 years. With offices in Dallas, Frisco, Fort Worth and San Antonio, ONDA is one of Texas’ largest Family Law firms. Each partner is Board Certified in Family Law by the Texas Board of Legal Specialization, as well as a member of the Texas Academy of Family Law Specialists.