The International Association of Defense Counsel (IADC) has announced that Thomas J. Forestier, a shareholder at Winstead PC in Houston, Texas, has accepted an invitation to join the IADC, the preeminent invitation-only global legal organization for attorneys who represent corporate and insurance interests.

“I am honored and humbled to be invited to join this group of outstanding and accomplished lawyers,” Mr. Forestier said. “I look forward to being an active member of the IADC and building lasting relationships with my fellow members.”

Mr. Forestier focuses his practice on business, energy, eminent domain and land use, and first amendment/media defense litigation.

Mr. Forestier is a member and past chair of the board of directors of Wesley Community Center, and a board member for the Hispanic Bar Association of Houston, from which he received its Lifetime Achievement Award. He is a past board chair for Northwest Assistance Ministries, the Houston Golf Association, and the Houston Club, and a former trustee for the Lone Star College System. He is a past recipient of the Texas Minority Counsel Program (TMCP) Trailblazer Outside Counsel of the Year Award. The State Bar of Texas and the TMCP established the Trailblazer Outside Counsel of the Year Award to recognize an outside counsel who has consistently supported the TMCP’s goals of diversity and inclusion.

Mr. Forestier received his J.D. from the University of Texas School of Law and his Bachelor of Science in Petroleum Engineering from the University of Texas at Austin.

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.

Singapore is ranked the top jurisdiction for multinational companies to base subsidiaries or ‘entities’ from a governance and regulatory standpoint, according to an inaugural report ranking over 160 jurisdictions globally on both the cost and speed of doing business.

The Mercator Entity Management (MEM) Report 2021 outlines the challenges that business leaders, General Counsels and corporate secretarial teams face in countries where multinationals with global portfolios have their entities. It includes the busiest regions in terms of regulatory activity, the average cost of regulating entities in each jurisdiction and the overall time taken to complete activities (click here to download the report). The rankings are based on data from Mercator®’s proprietary Global Entity Portfolio Management (GEPM) platform, Entica™, which holds data on thousands of entities globally – down to the number of hours it takes for regulatory filings.

Singapore was followed closely by Australia and the United Kingdom as the most favourable jurisdictions. The report highlights that all three have the ideal combination of low cost levels and shorter timeframes for completing a range of regulatory activities such as Board of Director/ shareholder decisions, officer changes and Power of Attorney activities. Kazakhstan had the lowest ranking, with South Korea as the next lowest, followed by Indonesia; all have a combination of relatively higher cost levels, and less competitive timeframes or ‘duration’.

Kariem Abdellatif, Head of Mercator, said: “It should be noted that the purpose of this inaugural report is not to advise multinationals on where to base entities or subsidiaries – this is obviously dictated by necessity – but to set expectation and provide foresight on the relative cost and time it will take to manage entities in each jurisdiction.

“Singapore, Australia and the United Kingdom are all global financial centres with a long-established history of managing international trade, and this translates into the ease with which multinationals can manage entities in these locations. Interestingly, Singapore is often cited for its government’s efforts in working with businesses and industry partners to step up their resilience during the COVID-19 pandemic and this is no doubt reflected in its ranking.

“We hope this data will assist multinational companies in serving as a benchmark for their company secretarial expenditure and efficiency in operating globally; it may also serve as a useful practical guide when setting up new overseas entities in their structure.”

The report shows that while Europe has the highest number of entities overall – based on client portfolios featured on Entica™ – activity per entity is comparable to the Middle East and North America. Europe is followed by APAC, which has half as many entities based there – but these have an overall activity rate of almost two-thirds that of European levels. APAC was also the top region overall on cost and duration.

The cost of operating in different regions is affected by factors including the complexity of local legislation and the language requirements for filings; for example, relatively high prices in the LATAM region are influenced by higher local professional costs due to complex procedures and requirements for documents to be in the local language. Subsequently, translations and legalizations for bilingual documents need to be arranged.

Mercator is named after Gerardus Mercator (1512- 1594), a cartographer most famous for the “Mercator Projection” – regarded as the greatest advance ever made in marine cartography; it facilitated navigation on trans-oceanic voyages and played a significant role in shaping global trade today. As the trans-oceanic merchants of the past are the multinational conglomerates of the present, Mercator aims to provide them with the metrics they require to manage their global portfolio of entities.

Perkins Coie is pleased to announce that Belinda E. Nixon has joined the firm’s Technology Transactions & Privacy Law practice and Communications industry group as a partner in the firm’s Washington, D.C., office.

Belinda joins Perkins Coie from the Federal Communications Commission (FCC) where she served as the deputy division chief of the Wireless Telecommunications Bureau’s Competition and Infrastructure Policy Division which develops and implements competition and infrastructure policies to support the deployment of commercial wireless networks and services.

“The communications industry is rapidly evolving, and is at the forefront of many emerging and disruptive new technologies that are sweeping the economy and attracting billions of dollars of new investment,” said Justin Moon, the firmwide chair of Perkins Coie’s Technology Transactions & Privacy Law practice. “Belinda has played a critical role in this industry transformation, helping to guide government policy with respect to wireless infrastructure, 5G, and broadband deployments, and she will be able to offer insightful and effective legal counsel to our clients. We are excited to add her to our growing Chambers USA-ranked communications industry-focused cohort in the Washington, D.C., office.”

As a senior FCC attorney, Belinda provided strategic counsel and guidance on wireless telecommunications infrastructure policy to FCC commissioners and agency leaders. She also oversaw and worked on FCC reviews of media mergers and acquisitions, regulatory and enforcement proceedings, and infrastructure deployment policies with respect to National Environmental Policy Act (NEPA) requirements.

“Belinda’s impressive background at the FCC and deep understanding of government oversight will benefit our clients in navigating a complex business and regulatory environment,” said Bruce Spiva, Perkins Coie’s Washington, D.C., managing partner. “Her understanding of the communications and media industries will help us to continue to provide our clients with both effective and valuable legal counsel.”

Belinda joined the FCC as an attorney advisor in 1996 after working as an attorney for Pillsbury Winthrop Shaw Pittman. She holds a J.D. from Georgetown University Law Center, and a B.A. in international relations from Stanford University.

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.

Bradley Arant Boult Cummings LLP is pleased to announce that Connie Lewis Lensing has been selected to Corporate Counsel’s 2021 Women, Influence and Power in Law Awards as an honoree in the Lifetime Achievement – Law Firm category.

“Connie’s career has been an exceptional example of innovation, mentorship and service, and we are proud of her recognition in this prestigious list of women being honored by Corporate Counsel,” said Bradley Nashville Office Managing Partner Lauren B. Jacques.

The Women, Influence and Power in Law Awards recognize individuals who have demonstrated a commitment to advancing the empowerment of women in law, while the Lifetime Achievement award recognizes women who have made a lasting mark on the legal profession throughout their years of hard work. The honorees will be recognized as part of Corporate Counsel’s Women, Influence & Power in Law Conference in Washington, D.C. in October.

Ms. Lensing is a member of Bradley’s Nashville office and is a nationally recognized litigator. She is the vice chair of the Board of Directors and chair of the Executive Committee of the U.S. Chamber of Commerce’s Institute for Legal Reform, the organization’s primary policy advocacy body. Ms. Lensing is also a member of the Boards of Directors and Executive Committees for Lawyers for Civil Justice and for the National Civil Rights Museum.

Prior to joining Bradley, Ms. Lensing worked for almost 30 years for FedEx Express as a senior vice president responsible for U.S. litigation and led the company’s Environmental, Risk Management and Compliance groups within the legal department. She pioneered the “in-housing” of all litigation and trial responsibility for corporate legal departments and was recognized for her corporate innovation during her tenure with the company.

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 550 lawyers represent regional, national and international clients in various industries, including banking and financial services, construction, energy, healthcare, life sciences, manufacturing, real estate, and technology, among many others.

The 25th anniversary of the Health Insurance Portability and Accountability Act (HIPAA) underscores the critical importance for healthcare organizations to modernize their contract lifecycle management (CLM) practices by replacing manual, document-centric processes with dynamic, data-driven, and secure cloud-based solutions. Prior to the COVID-19 pandemic, 96% of American health systems reported either not having a contract management system and entirely using manual processes or having an outdated and inadequate system to address value-based care. In healthcare, contracts are integral to employment, care transfer, technology licensing, experimental treatments, confidentiality, and telehealth, among others, and the average healthcare organization might have tens of thousands of contracts covering multiple departments and facilities, as well as payers, providers, and other third parties. The manual approaches to contract management that many healthcare organizations currently use are not only highly inefficient and costly, but they also put those same organizations at risk.

Contract Logix, a leading provider of data-driven contract management software, has fifteen years of experience working with healthcare providers including hospitals, mental health organizations and skilled nursing facilities to digitally streamline and automate the way they manage patient, payer, provider, and facilities contracts, as well as satisfy new and existing regulatory compliance requirements. Over the past 12-months, the company has seen a rapid increase in the number of contracts and documents, digital contract requests, completed tasks, and automatic workflows triggered by its healthcare provider customers.

The Contract Logix CLM platform empowers healthcare organizations to digitize all contracts and contracting processes and get complete visibility into contract types such as Business Associate Agreements (BAAs), Statements of Work (SOWs), and Physician Participation Agreements with advanced search, reporting, and analytics. This data-driven approach gives healthcare providers actionable insights that can be used to track key performance indicators (KPIs), medical fee schedules, coding, and other billing and contract requirements.
The platform’s robust automation and security features address key healthcare privacy needs by ensuring compliance with internal business processes and external regulatory requirements such as HIPAA, Health Information Technology for Economic and Clinical Health Act (HITECH), and Medicare billing. Automated workflows efficiently follow business rules for contract approvals, automated alerts eliminate missed contract obligations and dates, and automated document versioning accurately track contract revisions and changes. The platform’s security-first approach safeguards all contract-related patient, vendor, and provider data from unauthorized access via role-based and feature-based permissions with critical certifications including SOC 2 Type II and HIPAA.

“Moore County Hospital District is committed to putting patients first by delivering high quality care. It’s critical that our business processes such as contract management are modern, efficient, and compliant, so that this can happen,” said Cody McCutchan, Risk Manager, Moore County Hospital District. “The ease, intelligence, and automation of Contract Logix’s platform as well as the company’s approach to customer service has allowed us to digitally transform our CLM and focus on high-value activities while assuring compliance and minimizing risk.”

Eastman & Smith LTD is pleased to announce the expansion of the firm’s medical malpractice and professional liability practices with the addition of Elizabeth (Lisa) E. Baer, Laurie J. Avery, Garrick O. White, and Charles E. Hatch in the firm’s Toledo office. Baer, White, and Hatch joined effective September 1, 2021; Avery will join effective October 1, 2021.

“We are excited to welcome Lisa, Laurie, Garrick, and Charles to the firm,” said Fadi V. Nahhas, chair of Eastman & Smith’s Executive Committee. “They will help the firm to continue to provide our health care and other professional services clients with the highest level of legal services and contribute to a substantial expansion of our Medical Malpractice and Professional Liability groups. These additions are a direct result of the firm’s strategic focus on improving and expanding our full-service market capabilities and enhancing the depth and breadth of our market reach.”

With more than 25 years of experience, primarily in the area of medical malpractice defense, Baer focuses her practice on litigation, claims management, and insurance defense for physicians of varying specialties, nurses, hospitals, rehabilitation facilities, and nursing homes. She was most recently an attorney at Lyden, Chappell & Dewhirst, Ltd. Baer received her J.D. from the University of Toledo College of Law and her B.A. from Michigan State University.

Avery has successfully defended clients in matters including employment discrimination, legal and medical malpractice, and commercial premises liability, among others. She also frequently lectures on employment law, professional liability, and technology topics. After spending 23 years at Reminger Co., Avery most recently was a commercial docket staff attorney with the Lucas County Court of Common Pleas. She received her J.D. from Case Western Reserve University School of Law and her B.A. from the University of Rochester.

White focuses his practice on civil litigation involving claims of medical malpractice in federal and state courts throughout Ohio and Michigan. For more than 20 years, he also has represented clients in the transportation, insurance, and construction industries. His experience includes handling complex and sensitive matters such as wrongful death, employment injuries, and sexual misconduct. Prior to joining the firm, White worked in-house at an insurance company and in private practice at Anspach Meeks Ellenberger, LLP. White received his J.D. from the University of Toledo College of Law and his B.A. from Albion College.

Hatch focuses his practice on the defense of professional, product and general liability claims and commercial litigation. He clerked for Judge Stacy L. Cook of the Lucas County Court of Common Pleas. Prior to his law career, Hatch worked in the criminal justice system as a corrections officer and a probation officer. He received his J.D. from the University of Toledo College of Law and his B.Sc. from the University of Toledo.

The firm’s medical malpractice and professional liability attorneys, including Stephen E. Chappelear, M. Charles Collins, Robert J. Gilmer, Jr., Reginald S. Jackson, Jr., Jared J. Lefevre, Adam S. Nightingale, James F. Nooney, Rudolph A. Peckinpaugh, Jr., Michael W. Regnier, and Mark W. Sandretto, serve clients throughout Ohio and Southeast Michigan in state and federal courts, administrative agencies, and the licensing boards of both states. They regularly defend physicians of all specialties and other health care practitioners against malpractice and wrongful death actions, as well as before state boards in licensing and disciplinary matters. The attorneys also defend health care institutions – including hospitals, nursing homes, and mental health providers – against medical and general negligence claims and advise these institutions on a variety of risk management issues, ranging from best practices to peer review to credentialing activities. In addition, the group defends attorneys and other non-health care professionals against professional negligence claims.

About Eastman & Smith Ltd.
Founded in 1844, Eastman & Smith is a leading consultant, counselor, and advocate on personal, business, nonprofit and governmental challenges. Client satisfaction. Reliability. Innovation. Creative approach to problem-solving. These are cornerstones of Eastman & Smith. The firm’s 75+ dedicated attorneys serve clients from offices in Columbus, Findlay and Toledo, Ohio, and Detroit, Michigan. For more information, visit the firm’s website at https://www.eastmansmith.com.

Katten announced today that Dilen Kumar has joined the firm as a partner in its award-winning Mergers and Acquisitions/Private Equity practice in its Dallas office, which has seen major growth and success since opening three years ago.

“Dilen’s unique experience working at the White House and at the country’s premier law firms combined with his passionate commitment to diversity and civic involvement, particularly in the Dallas community, aligns with what we seek and value in our attorneys at Katten, making Dilen a perfect addition to our team,” said Mark S. Solomon, managing partner of the Dallas office.

Kumar, who served as an assistant counsel in the White House Counsel’s Office during the Obama administration, represents private equity firms and public and private companies in connection with mergers, acquisitions, divestitures, joint ventures, carve-outs and investment transactions across a variety of industries from health care and technology to energy and consumer goods. He also advises on general corporate governance matters. During his career, he has represented some of the world’s largest organizations and counseled the region’s leading private equity firms on some of their most important transactions.

Kumar currently serves as co-chair of the Texas Minority Counsel Program, an affiliate of the State Bar of Texas that seeks to increase opportunities for diverse attorneys in Texas. He is a recognized leader on diversity, equity and inclusion matters in the legal profession in Texas.

“Dilen’s depth of skill as an M&A lawyer and steadfast focus on smart, commercial advice fits in perfectly with the culture of the firm. His impressive business acumen across a variety of industries will further enhance Katten’s reputation as the go-to leader for dealmaking,” said J. David Washburn, co-chair of the firm’s M&A/PE practice.

Prior to joining Katten, Kumar was a corporate partner at Kirkland and Ellis in the firm’s private equity and M&A practice, where he also served as a diversity and pro bono coordinator for the Dallas office and on the firm’s Pro Bono Management Committee and Diversity and Inclusion Committee.

Kumar has been recognized by D Magazine as one of the “Best Lawyers in Dallas” and “Best Lawyers Under 40” and by Texas Lawyer as one of 20 “Extraordinary Minorities in Texas Law,” — the youngest to receive the recognition. He is a graduate of the Dallas Regional Chamber of Commerce’s prestigious Leadership Dallas program and has served on the boards of numerous charitable and civic organizations in Dallas.

Katten is a full-service law firm with nearly 650 attorneys in locations across the United States and in London and Shanghai. Clients seeking sophisticated, high-value legal services turn to Katten for counsel locally, nationally and internationally. The firm’s core areas of practice include corporate, financial markets and funds, insolvency and restructuring, intellectual property, litigation, real estate, structured finance and securitization, transactional tax planning, private credit and private wealth. Katten represents public and private companies in numerous industries, as well as a number of government and nonprofit organizations and individuals. For more information, visit katten.com.

John D. Huh has joined Duane Morris LLP as a partner in the firm’s Trial Practice Group in its Philadelphia office. Prior to joining Duane Morris, Huh was a partner at DLA Piper.

“John’s extensive background in litigation, government investigations and compliance, and client relationships are an exciting addition to our Trial practice in Philadelphia and for the firm overall,” said Duane Morris Chairman and CEO Matthew A. Taylor. “We’re pleased to be deepening the strength of our firm’s largest practice group with attorneys of the highest caliber. I look forward to the continued and strategic growth of our litigation practice, especially as trial activity ramps up.”

“John is a highly skilled business lawyer who will be a staunch ally and resource for our clients, especially in this environment of increased investigations,” said Wayne A. Mack, co-chair of Duane Morris’ Trial Practice Group. “In addition to his broad and dynamic practice, John brings a positive, entrepreneurial attitude that will be a great fit for the firm’s collegial and collaborative culture,” added Sharon L. Caffrey, co-chair of Duane Morris’ Trial Practice Group.

Huh focuses his practice on litigation, arbitrations, government investigations and compliance, concentrating in the fields of competition law and consumer protection. Huh has more than 15 years of litigation and arbitration experience that includes successfully representing clients dealing with antitrust claims, class action lawsuits, business/economic torts and commercial claims, as well as False Claims Act and other fraud claims. He also has substantial experience litigating the enforcement of noncompetition and nonsolicitation provisions, as well as other competition related restrictive covenants, in various types of business agreements.

In addition to overseeing and conducting internal investigations, Huh has extensive experience representing individuals and companies in government investigations and enforcement actions conducted by state and federal agencies, including the Federal Trade Commission, the Department of Justice and state attorneys general. He has successfully secured closures of federal and state investigations, without any penalty or concession, involving allegations of deceptive marketing practices, collusion, monopolization, anticompetitive information sharing, violations of telemarketing regulations and unfair business practices. Huh frequently assists companies in developing and implementing global antitrust and competition law compliance policies and practices. He also routinely oversees and conducts legal risk assessments of clients’ business practices and strategies, and subsequently provides legal advice that advances the clients’ business objectives in a strategic yet efficient manner. Huh additionally counsels clients by providing analyses on the competitive effects of potential mergers and acquisitions, as well as other business decisions. He also regularly navigates clients through the process of reporting proposed transactions to the federal antitrust agencies under the HSR Act.

“I’m very excited to start the next chapter of my career at Duane Morris,” said Huh. “I look forward to accelerating the growth of my practice with the firm’s robust platform and providing our existing clients the benefit of my previous experience. Also, pushing forward on the diversity and inclusion front is something that is very important to me. And the firm’s commitment and efforts on that front impressed me, and I really look forward to contributing to those efforts.”

Huh is a graduate of Temple University School of Law (J.D., cum laude, 2006), where he was note-comment editor of Temple Law Review, and Dickinson College (B.A., cum laude, 2003).

About Duane Morris
Duane Morris LLP provides innovative solutions to today’s multifaceted legal and business challenges through the collegial and collaborative culture of its more than 800 attorneys in offices across the United States and internationally. The firm represents a broad array of clients, spanning all major practices and industries. Duane Morris has been recognized by BTI Consulting as both a client service leader and a highly recommended law firm.

The International Association of Defense Counsel (IADC) has announced that Karen D. Walker, a partner at Holland & Knight LLP in Tallahassee, Florida, and Washington, D.C., and leader of the firm’s Government Section, has accepted an invitation to join the IADC, the preeminent invitation-only global legal organization for attorneys who represent corporate and insurance interests.

“I am honored to be invited to join the International Association of Defense Counsel,” Ms. Walker said. “I look forward to the educational and professional development opportunities that membership will provide, as well as to networking with other IADC members who represent corporate and insurance interests.”

Ms. Walker represents corporations and insurance companies in government contract matters and disputes with state and local governmental entities, as well as in related administrative and civil litigation and appellate proceedings.

For the American Bar Association (ABA), Ms. Walker currently serves as a vice-chair of the State and Local Procurement Committee of the ABA’s Section of Public Contract Law. She also serves on the Florida Bar’s Special Committee on Opportunity in the Practice of Law in Florida.

Ms. Walker received her J.D. (with honors) from the University of Florida College of Law and her Bachelor of Science (magna cum laude) from Florida State 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.

The intersection of social media and the law is a spotlight focus of the third-quarter 2021 edition of the Defense Counsel Journal (DCJ), published by the International Association of Defense Counsel (IADC). The latest issue of the IADC’s quarterly publication also features in-depth analysis articles about the Canadian courts’ approach to the challenge of multi-jurisdictional class actions, as well as the U.S. Circuit Courts’ differing approaches to discovery orders from “foreign and international tribunals.”

In the current issue, IADC member and DCJ editor Christopher B. Parkerson also addresses the intersection of science and the law that is so prevalent in contemporary legal matters involving disciplines ranging from engineering, chemistry and biology to physics and economics.

“It is critical that lawyers be able to understand and advocate on the part of science,” Mr. Parkerson writes. “It is also important that judges, jurors, and administrative decision makers be able to accept the importance of the role of science in these disputes.”

He added that Americans’ faith in experts and science is important to monitor as it may fundamentally change the way lawyers advocate for their clients: “It will also be interesting to see how the law adapts to these potential changes.”

In his dedicated page in the current DCJ issue, IADC President Andrew S. Chamberlin wrote, “If we are to live together in peace and prosperity, it is essential that the rule of law remains central to our lives. … A commitment to the pursuit of scientific endeavor, and the application of scientific evidence to our actions, unaffected by partisan politics, is equally important to the rule of law.”

Frequently and favorably cited by courts and other legal scholarship, the DCJ is a quarterly forum for topical and scholarly writings on the law, including its development and reform, as well as on the practice of law in general. DCJ articles are written by members of the IADC, which is a 2,500-member, invitation-only, worldwide organization that serves its members and their clients, as well as the civil justice system and the legal profession.

The IADC’s third-quarter 2021 DCJ is available for free and without a subscription via the IADC’s website at https://www.iadclaw.org/documents/?CategoryId=4.

Following are brief summaries of the articles included in the third-quarter 2021 issue of the DCJ:

“Social Media Immunity in 2021 and Beyond: Will Platforms Continue to Avoid Litigation Exposure Faced by Offline Counterparts” by Peter J. Pizzi, a partner at Walsh Pizzi O’Reilly Falanga LLP – The article examines Section 230 of the Communications Decency Act of 1996 and how the law has been interpreted in the face of the growing influence of social media.

“Canada’s Evolving Response to Overlapping Multi-Jurisdictional Class Actions” by Gordon McKee, a senior partner, and Justin Manoryk, an associate, both at Blake, Cassels & Graydon LLP – The article explores increasingly prevalent national and multi-jurisdictional class proceedings in Canadian courts and the challenges posed by parallel and overlapping class actions in a number of provinces or territories.

“Discovering the Widening U.S. Circuit Split on Discovery Orders from ‘Foreign and International Tribunals’ Under 28 U.S.C. Sec. 1782” by Mica Nguyen Worthy, a partner, and Melanie Huffines, an associate, both at Cranfill Sumner LLP, and Savannah Putnam, a current law student at Campbell Law School – This article provides analysis regarding the different approaches taken by the Circuit Courts and sets the stage for future U.S. Supreme Court action to address the split.

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.

Turner Padget is pleased to announce that Hannah Stetson, associate in the firm’s Columbia office, has been named as one of Columbia Business Monthly’s 2021 Best & Brightest 35 and Under – an elite group of young professionals who are making a difference in their workplace and community. Now in its sixth year, the annual Best & Brightest 35 and Under award celebrates the men and women who are rising stars in the Columbia business community. Stetson will be honored at an event on September 30 at Segra Park and is profiled in the September issue of Columbia Business Monthly. The full list of award recipients can be found here.

Stetson is a member of the firm’s Workplace Litigation Team. She dedicates her practice to counseling, training and defending businesses and employers, including startups and small to mid-size businesses. In addition to advising and defending employers throughout the Carolinas, Stetson has leveraged her employment law experience to champion Columbia’s small business community. She was part of a team of Turner Padget lawyers who developed the firm’s Palmetto Propeller initiative to provide pro bono assistance to startups and small businesses in the Southeast. Since its implementation, Stetson has counseled startup and small business owners on policies and best practices that help their companies grow and thrive in Columbia’s marketplace. Within the firm, she cultivates the development of young lawyers’ careers as co-chair of the firm’s Associate Committee.

Stetson earned her undergraduate degree from the University of South Carolina and her law degree from Wake Forrest University School of Law.

Turner Padget exceeds expectations by taking your interests, your business and our relationships personally. Our depth of knowledge, technical strength and diverse experience makes us sharp, talented business thinkers able to see our clients’ needs holistically and get to the core of the problem quickly. As one of South Carolina’s largest law firms, Turner Padget has expanded into neighboring states with offices located in Augusta, Charleston, Columbia, Florence, Greenville and Myrtle Beach, along with strategic alliances in Florida and North Carolina. http://www.turnerpadget.com/

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ROANOKE, Va. (September 7, 2021) – The Virginia law firm Gentry Locke is pleased to announce the addition of associate Jessiah Hulle to its Criminal & Government Investigations Group in Roanoke. Hulle will work with clients on white-collar criminal defense matters in federal courts.

Prior to joining the firm, Hulle served as a law clerk to the Honorable Mary Grace O’Brien of the Court of Appeals of Virginia. During law school he served as a student attorney with the Commonwealth’s Attorney’s Office for Augusta County and as an intern for both the United States Attorney’s Office for the District of New Jersey and the Honorable Maria Vazquez-Doles, New York Supreme Court, Orange County.

Hulle graduated with his B.A. summa cum laude from the University of Valley Forge and then earned his J.D. magna cum laude from the Washington and Lee University School of Law. During law school, Hulle served as a John W. Davis Appellate Advocacy Competition chair on the Moot Court Executive Board, as a moot court director of the Black Law Students Association, and as a research assistant for Professor Joshua A. T. Fairfield.

Chamberlain Hrdlicka is pleased to announce that Gina Vitiello is the new national chair of the Construction Law Section. In this capacity, Vitiello will lead the 15-attorney section to counsel clients during all phases of the construction litigation process to help them accomplish their goals and objectives.

“I am grateful for the opportunity to lead the Construction Law Section,” said, Vitiello. “The construction industry is experiencing a surge in new work, but also some new and unexpected risks. We have an opportunity to help our clients navigate through the risks in the current market and make the most of this period of growth.

“We are excited for Gina to step into this role and grateful for her continued dedication to our clients,” said Larry Campagna, Chamberlain Hrdlicka’s managing shareholder. “Last year, through Gina’s and outgoing section chair Seth Price’s work guiding construction clients through the COVID-19 pandemic, the firm was listed as one of the Top 50 Construction Law Firms in the field by Construction Executive magazine. We look forward to the team’s continued success under her leadership.”

Vitiello focuses her practice on construction contract law and litigation. She represents owners, contractors, designers and suppliers in the construction industry in contract negotiations and dispute resolution. Vitiello’s practice spans across the country and internationally. She specializes in handling complex construction claims involving delay and impact damages, as well as design and construction defect issues. Additionally, Vitiello has served as outside regional construction counsel to one of the largest specialty subcontractors in the country, for which she provided daily counsel on virtually all construction-related issues, from disputed change orders to termination of defaulted subcontractors.

“Gina is an accomplished construction law attorney and well respected within the legal field,” said Seth Price, Chamberlain Hrdlicka shareholder. “She continues to achieve great results for her clients. I am grateful to have been able to work alongside her for more than 20 years and look forward to her further successes as she leads the Construction Law Section.”

Vitiello earned her undergraduate degree from St. Lawrence University and her law degree from the State University of New York at Buffalo School of Law.

UNIONDALE, NY, SEPTEMBER 2, 2021 – Forchelli Deegan Terrana LLP is pleased to announce that Stephanie M. Alberts was appointed Co-Chair of the NCBA’s Surrogate’s Court Estates and Trusts Committee. She will serve a two-year term.

This Committee deals with estate planning, administration and litigation; reviews pending relevant NYS legislation; and maintains an interchange of ideas with the Nassau County Surrogate and staff.

Ms. Alberts, an East Rockaway, NY resident, earned her J.D. from St. John’s University School of Law and her B.A. from SUNY Binghamton.

ABOUT FORCHELLI DEEGAN TERRANA LLP
Founded in 1976, Forchelli Deegan Terrana LLP (“FDT”) is one of Long Island’s largest and most distinguished law firms. Headquartered in Uniondale, NY, the firm employs 65 attorneys across more than a dozen practice groups. FDT is committed to providing exceptional service to a broad range of national, regional and local clients.

Timothy M. Gladden has joined Davis+Gilbert LLP in New York as a partner in the corporate practice.

Prior to joining Davis+Gilbert, Gladden worked at Rimon, P.C. and Pillsbury Winthrop Shaw Pittman LLP.

Gladden’s practice focuses on mergers and acquisitions, venture capital and private equity investments and securities transactions. He has substantial experience structuring, negotiating, and managing M&A transactions (buy-side and sell-side) across multiple industries. During his career, he has extensively counseled early-stage tech companies, portfolio companies and entrepreneurs on corporate structuring, governance, financing and joint venture. He often works with clients in the FinTech, E-commerce, Cleantech, EdTech, mobile, social media, SaaS, fashion and travel industries. Gladden frequently works with startups and venture funds focused on the future of how we work, live, and care for ourselves in a highly connected and increasingly diverse society.
“I’m excited to join Davis+Gilbert with its reputation as a leading firm providing excellent client service. My prior experience and interactions with the firm’s attorneys will allow me to quickly integrate into their thriving M&A and growing emerging companies/venture capital practices. My clients will greatly benefit from Davis+Gilbert’s sophisticated platform and network,” said Gladden.

“Tim is an experienced corporate attorney, who knows our firm well and reflects the values of our culture and clients,” said Curt Myers, co-chair of Davis+Gilbert’s Corporate Practice Group. “The corporate team, and our clients, will benefit greatly in working with Tim, especially with his deep knowledge in M&A and the emerging companies space.”

Gladden earned his undergraduate degree, cum laude, at Hunter College — CUNY and his law degree at Benjamin N. Cardozo School of Law where he was an Alexander Fellow.

The International Association of Defense Counsel(IADC) has announced that Allison L. Wood, Principal of Legal Ethics Consulting, P.C., in Chicago, has accepted an invitation to join the IADC, the preeminent invitation-only global legal organization for attorneys who represent corporate and insurance interests.

“I am honored to be invited as a new member of the prestigious International Association of Defense Counsel to work alongside other corporate defense lawyers and insurance executives who rely on the organization to provide valuable, high-level education and professional development opportunities,” Ms. Wood said.

Ms. Wood works with legal malpractice insurance carriers in representing Illinois attorneys in all phases of the disciplinary process. She also counsels and represents applicants seeking admission to the bar and provides ethics evaluations and testimony in legal malpractice cases.

Ms. Wood is a member of the Illinois Supreme Court Committee on Professional Responsibility and a board member of the Association of Professional Responsibility Lawyers. Previously, she was a member of the American Bar Association’s Standing Committee on Lawyers’ Professional Liability. She is also a certified MCLE Provider of ethics programming.

Ms. Wood received her J.D. from DePaul University College of Law.

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.

Appeals Court Upholds $2.87 Million Judgment for Asbestos Victim in South Carolina Case

Trial lawyers from Dean Omar Branham Shirley prevail in 2017 verdict and appeal

COLUMBIA, S.C. – The South Carolina Court of Appeals has affirmed a 2017 jury verdict that found a power plant worker’s mesothelioma was substantially caused by repeated exposure to asbestos-laden valves.

The nationally recognized trial firm of Dean Omar Branham Shirley represented injured worker Beverly Dale Jolly and his wife Brenda Jolly at trial and also played a key role in defending the trial court judgment on appeal.

Mr. Jolly died in 2018, a year after the jury verdict against valve makers Fisher Controls International and Crosby Valve LLC.

Mr. Jolly was a longtime employee of Duke Energy and in the 1980s he repeatedly oversaw work involving the removal and replacement of Fisher and Crosby gaskets. Following the jury’s verdict, the Spartanburg County trial court judge increased the award to $2.87 million against the two valve makers and those companies appealed.

In the appellate decision issued Sept. 1, the 57-page opinion rejected all the arguments raised by lawyers for the two companies.

“This is a fantastic win for the Jolly family and for asbestos victims across South Carolina,” said attorney Jonathan Holder of Dean Omar Branham Shirley, which has built a national track record for winning asbestos claims for injured workers. “It is tragic that Mr. Jolly did not survive long enough to see this day. But our team is pleased that we were able to prevail in this complex appeal.”

Besides Mr. Holder, the Jollys were represented by firm partner Lisa Shirley, who heads the motion and appellate practice. Also on the appellate team are Theile McVey and John Kassel of Kassel McVey of Columbia, S.C. Attorney Simona Farrise of Farrise Law Firm in Los Angeles, was on the original trial team.

The case is Beverly Dale Jolly and Brenda Rice Jolly, Respondents, v. General Electric Company, et al., Defendants, Of whom Fisher Controls International LLC and Crosby Valve, LLC are the Appellants, Appellate Case No. 2017-002611 in the South Carolina Court of Appeals.

Dean Omar Branham Shirley, LLP, is a nationally recognized trial firm that handles cases across the country for individuals who have suffered catastrophic injuries or have died as a result of the irresponsible conduct of others. For more information, visit www.dobslegal.com.

The Rebecca L. Palmer Law Group is proud to announce the appointment of attorney Cathleen M. Winter as President-Elect of the Greater Orlando Asian American Bar Association (GOAABA). Winter’s former role on the Board of Directors of GOAABA ended in July 2021, and she has been an involved member of GOAABA before her appointment on the Board of Directors and as President-Elect.

GOAABA, incorporated in 2009, is a voluntary organization representing the interests of Asian American attorneys, law students, and other legal professionals in the Greater Orlando area.

“Community involvement is important to us, and I’m so proud of Cathleen’s leadership involvement in GOAABA,” said Rebecca L. Palmer, Owner and Managing Partner of the Rebecca L. Palmer Law Group. “Our firm was founded to serve clients in critical times. I am confident that Cathleen will apply her talents and compassion to serve as a strong and authentic voice within the Asian legal community as the GOAABA President-Elect.”
“GOAABA is a wonderful organization that strives to assist Asian American and Pacific Islanders in need of legal services in the Central Florida area to connect with attorneys and focuses on giving back to the community. I have been involved in GOAABA for many years, and it is an incredible honor to now serve as President-Elect,” said Winter. “I am very proud of my Asian heritage, and I am eager to support GOAABA’s mission to serve the interests of Asian American and Pacific Islander as well as the opportunity to raise awareness on issues affecting the Asian American legal community.”

At the Rebecca L. Palmer Law Group, Winter focuses her practice on family law, including areas concerning divorce, alimony and spousal support, child support, custody and visitation, modification proceedings, paternity, prenuptial agreements, and postnuptial agreements.
In addition to being appointed as President-Elect of GOAABA, Winter is also a member of the Florida Bar, the Orange County Bar Association, the Central Florida Family Law Inn of Court, and is a Founding Member of the American Academy for Certified Financial Litigators Orlando Chapter.
Winter has also been recognized by the American Institute of Family Law Attorneys for exceptional and outstanding client service and was listed as the 10 Best Attorneys in Florida in 2018. Winter was also selected to the 2020 and 2021 Florida Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.
Winter also received a 2021 Best Lawyers: Ones to Watch recognition for her work in Family Law. The Best Lawyers: Ones to Watch is a recognition for attorneys for outstanding professional excellence in private practice in the United States. Winter was recently listed as one of Orlando Family Magazine’s Awesome Attorneys in Family Law for 2021.

About Rebecca L. Palmer Law Group
Rebecca L. Palmer Law Group is dedicated to clients who find themselves coping with some of the most critical and emotional changes of their lives, such as dissolution of a marriage, determination of paternity, or fighting for custody of minor children. These are episodes in which the best result – a positive change – is achieved via an extraordinary level of trust, integrity, and empathy, in addition to a well-focused set of legal skills. The firm offers that rare combination in the service of our clients. For more information, visit www.rlplawgroup.com

Stinson LLP is pleased to announce that it has opened its new office in downtown Denver to provide a collaborative space for its attorneys and staff. Close to an expanding client base, the firm has consolidated two separate office spaces in Denver to bring its employees together while encouraging creativity, synergy and efficiency at its new location at 1144 Fifteenth Street, Denver, CO 80202.

“We have been looking forward to getting everyone into one office space for some time,” said Deborah Bayles, Managing Partner of the firm’s Denver office. “We know this will only increase our ability to work collaboratively and provide the greatest level of client service. This space allows us more efficiency and flexibility while at the same time allowing us room for growth and expansion in the Denver market.”

The 19,150 square-foot space enjoys efficiencies of the LEED-certified building while incorporating stunning views of the mountains and warm design elements that carry light and feed inspiration and cooperation. The office represents clients doing business in the Rocky Mountain region and across the country, including banking, oil and gas, energy, health care, real estate, aerospace, construction and telecom industries.

With a nod to the surrounding Rocky Mountains, the space is designed with natural materials to reflect the local landscape. Glass walls and clean, crisp colors help celebrate the design inspiration while providing a welcoming environment for clients and the Stinson team. Designed by Gensler, a global design and architecture firm, both small and large conference and huddle rooms can be adapted quickly to suit the needs of office visitors and occupants. The building includes a triple-height lobby, spacious tenant lounges, a 5,000 square-foot fitness center, and state-of-the-art air filtration and purification systems.

“As we continue to think about how we want to connect with our clients and to advance innovation in the legal industry, it made sense to not only bring everyone together, but do it in a modern, energizing building that is easily recognizable in the Denver skyline,” said Allison Murdock, Stinson’s Managing Partner. “We’re right at the center of banking and business in Denver, and we are primed for growth.”
Attorneys in the Denver office are highly experienced in banking, corporate finance, M&A, complex commercial litigation, real estate, securities, government contracting and agribusiness finance. Helping with the 16-year lease and development of the new space is brokerage firm Cushman Wakefield and real estate firm Hines Global Income Trust.

About Stinson LLP
Stinson LLP collaborates with clients ranging from individuals and privately held enterprises to national companies and international public corporations. Our accomplished attorneys leverage deep knowledge and experience to deliver practical guidance, helping clients minimize risks and realize opportunities. We take pride in our collaborative approach, our lasting relationships and our unique perspectives. Connect with us at one of our 12 offices nationwide and at stinson.com.

Venable obtained a preliminary injunction on behalf of firm client Hedgeye Risk Management LLC against former managing director Darius Dale for stealing the investment research house’s financial models before resigning to start his own competing business.

Federal Judge Andrew L. Carter Jr. found that Venable “has established a likelihood of success on the merits” regarding its claims against Mr. Dale for misappropriating Hedgeye’s trade secrets. Judge Carter granted Venable’s motion for a preliminary injunction, enjoining Mr. Dale from further accessing and using Hedgeye trade secrets and other confidential information, including source models and customer lists.

“While Hedgeye considers Mr. Dale to have made meaningful contributions during his tenure at the company, that in no way gave him the right to take and use confidential and proprietary company information to run his competing business,” said Venable partner Tom Wallerstein.

According to the complaint filed in the United States District Court for the Southern District of New York on April 26, 2021, Mr. Dale copied confidential source models, took screenshots of spreadsheets, downloaded client contact lists and created an account on a file hosting service that contained the same file and folder names as certain Hedgeye files and folders on his company-issued laptop. He then began to pitch his competing business immediately upon his resignation.

In addition to Mr. Wallerstein, the Venable team includes Eric Prager, Antonia Stabile, and Daniel Smith.