Bradley Partner Scott E. Ludwig Recognized as Fellow of Alabama Law Institute

Bradley Arant Boult Cummings LLP is pleased to announce that Scott E. Ludwig, a partner in the firm’s Huntsville office, has been recognized as the ninth Fellow of the Alabama Law Institute.

“The Alabama Law Institute’s success is only possible because the best and brightest lawyers are willing to dedicate their time to improve the law of the state for the benefit of its citizens. Scott epitomizes that model. He draws on a wealth of experience at the highest level of the profession and comes to the table, on behalf of the ideal instead of a client, with the focus of making the law as good as it can be. With Scott’s leadership, the Institute’s Standing Committee on Business Entities has transformed Alabama’s business formation and governance laws over the past decade. His recognition as a Fellow, the first in more than ten years, is a fitting acknowledgement of the role he has played fostering the reform and modernization of laws of Alabama.” – Othni Lathram, Director of the Alabama Law Institute.

The Institute was created by an act of the Alabama Legislature and is the official law revision and reform agency for the State of Alabama. Its purpose is to aid the Alabama Legislature in proposing and drafting clearer, simpler, and more up-to-date laws. Scott serves as the reporter for the Institute’s Standing Committee on Business Entities which has drafted and modernized the Alabama Business Corporations Law, the Alabama Limited Liability Company Law, the Alabama Limited Partnership Law, the Alabama General Partnership Law, the Alabama Nonprofit Corporations Law, as well as integrating those laws with other provisions within the Code, including the newly enacted electronic filing process for all entities under the Code.

Previous Fellows are: Professor James D. Bryce; Dean Nathaniel Hansford; Andrew J. Noble, III; Mary Alexander Seddon Lee Stapp; Lewey Stephens, Jr.; John F. Tanner; Dr. Richard A. Thigpen; and Professor Howard P. Walthall.

In addition to his service to the Institute, Scott has served the Alabama State Bar as Chair of the Tax Section. He has also served as President of the Alabama Federal Tax Clinic and President of the Huntsville Financial and Estate Planning Council. Scott is also an active member of the Business Law Section of the American Bar Association having served as Chair of the LLCs and Partnerships Committee, Chair of the Joint Editorial Board, Chair of the Publications Board, Content Officer for the Section, Council member, an appointed member of the Corporate Laws Committee, an advisor to the Uniform Laws Commission on Unincorporated Entities, and other leadership positions. He is an author and contributor to numerous articles, publications, CLE presentations, and speeches at the state and national level. Scott is a Founding Fellow and current President of the American College of LLC and Partnership Attorneys and a Fellow of the American College of Tax Counsel. He has been recognized in The Best Lawyers in America since 1995 and has been listed in Mid-South Super Lawyers since 2008.

Scott’s practice involves advising a broad range of clients on corporate, unincorporated, and non-profit entity matters for use in business as well as family planning matters, including mergers, acquisitions, conversions, restructuring, reorganizations, succession, governance, policies, and board committee issues. He is experienced in advising companies in high technology, life sciences, biotechnology, real estate and traditional products and services, as well as advising families on entity planning issues for general transfer of wealth and succession planning matters.

Scott received his Bachelor of Science degree in Accounting from the Culverhouse School of Accountancy at the University of Alabama, his J.D. from The University of Alabama School of Law, and his LL.M. from the University of Florida Levin College of Law, where he received the Richard B. Stephens Scholarship in recognition of being first in his graduating class.

Scott is married to Kathy Ludwig, and they have two sons, Chase and Hayes.




Automotive Product Liability Litigator Daniela Gonzales Aldape to Join Dykema’s San Antonio Office

San Antonio – July 16, 2021 – Dykema, a leading national law firm, today announced that Daniela Gonzales Aldape will join its Product Liability and Class Action Practice Group as a Member in the firm’s San Antonio office. Aldape joins Dykema after practicing with Prichard Young LLP in San Antonio for the past 17 years. Aldape’s start date with Dykema is August 1, 2021.

Aldape focuses her practice on product liability and commercial litigation and has extensive experience representing clients in the automotive industry, namely original equipment manufacturers (OEMs). She routinely steps in to take the reins and maneuver large complex dockets to the best advantage of her clients. Aldape is particularly adept at engaging in and handling multifarious discovery issues while preserving the simple story of a case for courtroom presentation. She has tried cases in Colorado, New Mexico, and Texas.

Aldape is also active in several professional organizations. She has served as a Contributing Editor for the American Bar Association Class Action Survey each year since 2012 and is an active member in the San Antonio Bar Association, Bexar County Women’s Bar Association, and the Mexican American Bar Association of San Antonio.

“Daniela’s case handling skills and outstanding reputation with clients and opposing counsel precede her,” said Mike Cooney, Director of Dykema’s Litigation Department. “We’re thrilled to add her to our team in Texas and San Antonio, and we know her impressive experience will be a tremendous asset to Dykema’s clients.”

Aldape earned a J.D. from the University of New Mexico School of Law and a B.A. in Political Science & English from New Mexico Highlands University.




Perkins Coie Adds Partners Ngai Zhang and Drew Schulte to Growing IP Practice

Perkins Coie is pleased to announce that partners Ngai Zhang and Drew Schulte have joined the firm’s expanding Intellectual Property (IP) practice in the Washington, D.C., and New York offices, respectively. Ngai and Drew counsel on strategic patent prosecution with a focus on the software and financial technology sectors.

The firm’s internationally recognized IP practice has grown significantly in recent years to more than 250 attorneys and patent agents in the United States and Asia. Ngai and Drew’s additions come after partner Lori Gordon, a seasoned IP litigator focused on inter partes reviews (IPRs), joined the firm’s Washington, D.C., office in June.

“We are thrilled to welcome Ngai and Drew to our growing IP practice and know that their fintech experience and innovative approach to portfolio management will be of great benefit to our clients,” said Steve Bishop, co-chair of Perkins Coie’s Intellectual Property practice. “Their addition to the group continues our focus on cutting-edge industries and the East Coast.”

Ngai focuses his practice on internet and technology law, including patents, trademarks, open source, technology transactions, user agreements, and contests and sweepstakes. He advises clients from Fortune 500 companies to startups and has a deep understanding of artificial intelligence (AI) and machine learning (ML), blockchain and distributed ledgers, cybersecurity, cloud computing, medical devices and health-related applications, virtual, augmented, and mixed realities, and video games.

With extensive experience before the U.S. Patent and Trademark Office and the European Patent Office, Drew has focused his practice in recent years on the dynamic fields of AI/ML and fintech. He counsels clients on patent prosecution and IP portfolio development, prepares patentability or noninfringement opinions, performs due diligence, and assists with drafting and negotiation of IP agreements.

“We were impressed by the insightful and entrepreneurial approach Ngai and Drew bring to their work on behalf of their clients and know it will be an asset for our highly regarded patent team,” said Bruce V. Spiva, Perkins Coie’s Washington, D.C., office managing partner. “We are pleased to welcome them both to the firm amid the continued growth of our IP practice.”

Ngai and Drew join from Pillsbury Winthrop Shaw Pittman LLP, where they were members of the Intellectual Property, Patent Counseling, Prosecution & Litigation, IP Audits & Strategic Planning, and Post-Grant Proceedings groups.

Ngai received his B.S. in computer engineering and his J.D. from the University of Maryland, College Park. Drew received his J.D. from the George Washington University Law School and his B.S. in manufacturing and design engineering from Northwestern University.




Hinshaw Continues Expansion of Gulf Coast Presence with Financial Services Partner in New Orleans

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

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

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

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

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

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




Barnes & Thornburg’s Newly Opened Boston Office Welcomes Three IP Attorneys, Paralegal

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

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

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

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

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

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

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

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

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

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

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

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

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




Venable Represents GH Group, Inc. in Completing Merger with Mercer Park Brand Acquisition Corp.

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

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

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

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

Venable will continue to represent Glass House going forward.




Campbell Conroy & O’Neil Attorney Ryan O’Neil Joins International Association of Defense Counsel

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

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

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




Katten Adds Capital Markets Partner

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

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

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

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




Lyons & Simmons Among Finalists for 2021 Elite Trial Lawyers Awards

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

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

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

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

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

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

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




Godwin Bowman Scores $22M Victory for Maya Walnut LLC in Commercial Lease Fraud Dispute

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

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

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

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

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

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

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

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




Turner Padget Successfully Represents Alder Energy Systems in South Carolina – Decision Sets Solar Policy for Next 10 Years

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

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

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

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

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

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

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




Hanzo Releases New & Improved Connectors for Collecting From Atlassian Applications

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

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

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

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

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

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

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

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




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

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

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

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

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

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

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

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

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

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

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




Bradley’s David Vance Lucas Named North America Leader of the World Services Group Trade and Investment Practice Group

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

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

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

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

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




“Rising Star” in Immigration & Mobility, Timothy D’Arduini, Joins Quarles & Brady D.C. Office

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

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

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

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

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

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

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

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




Federal Circuit Affirms Decision by Veterans Court Potentially Restoring Billions of Dollars in GI Bill Educational Benefits

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

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

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

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

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

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

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

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

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

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

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




Dallas Attorney Michael Fechner Joins Trial Firm Lyons & Simmons

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

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

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

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

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

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

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




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

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

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

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

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

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

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

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




“RISING STAR” IN IMMIGRATION & MOBILITY, TIMOTHY D’ARDUINI, JOINS QUARLES & BRADY D.C. OFFICE

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

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

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

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

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

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

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

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




Venable Adds a Five-Partner Group of Intellectual Property Litigators Across Several Offices (Chicago, Los Angeles and DC)

Venable LLP is pleased to announce the addition of a group of five partners to its growing Intellectual Property Litigation – Technology Group. Timothy J. Carroll and Steven M. Lubezny will reside in the firm’s Chicago office; Manny J. Caixeiro and Laura Wytsma will reside in the firm’s Los Angeles office; and Elizabeth M. Manno will reside in the firm’s Washington, DC office. In addition, Vivian Sandoval, an associate, will reside in the Chicago office.

Dom Conde, a co-chair of Venable’s Intellectual Property Division, said, “We are thrilled that Tim, Manny, and their team are joining Venable. They are outstanding IP litigators who are client focused. They will be the third significant group of outstanding IP lawyers who have joined us in the last two months. They see what we know, namely that lawyers in Venable’s IP Group work together as a team and are unsurpassed in experience, depth, and quality. By joining us, they will further enhance that team spirit and reputation.”

Justin Pierce, a co-chair of Venable’s Intellectual Property Division, said, “We are always on the lookout for top-notch talent, and when we come across the right individual or team, we do all we can to bring them to the firm. That is the case with Tim and his team. They will integrate nicely with our IP attorneys and will work well across other practices and offices.”

Mr. Carroll said, “Venable takes pride in investing in its attorneys and offers a true partnership, which is what our team is looking for. The firm has exceptional IP litigation talent and industry experience over many geographic regions, which is very appealing to our practice, as it will enable us to grow our existing client base. We have worked hard to build an ethnically diverse team and look forward to being embraced by Venable.”

Mr. Carroll’s exceptional record of success in representing industry leaders and emerging companies in high-risk patent cases has earned him the respect of his peers and the trust of his clients. He focuses his practice on cutting-edge technologies, including mobile apps, location-based services, messaging systems, medical devices, content-management platforms, Wi-Fi-enabled thermostats, and green technologies. Mr. Carroll recently achieved an important victory for the leading smart thermostat manufacturer in an ITC investigation concerning the alleged infringement of four patents. The matter resulted in an initial determination in favor of his client. He also served as first chair for the defense in a patent infringement case involving a device referred to as an end fitting, which is used in oil production. It was the first hearing of its kind before Judge Alan Albright, whose courtroom in the Western District of Texas has recently become a hotbed for patent litigation. Mr. Carroll secured an outright victory when the court ruled in favor of his client in pretrial rulings, forcing the plaintiff to stipulate to non-infringement. He went on to successfully argue the appeal before the Court of Appeals for the Federal Circuit.

Mr. Lubezny focuses his practice on intellectual property litigation and counseling. He has represented clients as litigation and trial counsel in district courts throughout the United States, with regard to such issues as patent infringement, trade secret misappropriation, false advertising, and trademark infringement.

Mr. Caixeiro represents industry leaders and cutting-edge companies in their most challenging litigation matters. He focuses on complex commercial and intellectual property disputes across a range of industries, including software, medical devices, financial services, and entertainment.

Ms. Wytsma represents clients in high-profile, high-stakes litigation, focusing on intellectual property proceedings in federal court, with an emphasis on patent and appellate litigation. She has significant trial experience as lead counsel and excels in presenting complex patent disputes to judges and juries.

Ms. Manno advises U.S. and international clients in the technology industry on patent infringement and other intellectual property matters. She has litigated patent and trademark cases before federal courts nationwide, including the U.S. Court of Appeals for the Federal Circuit, and has secured wins for clients throughout various stages of litigation. Her intellectual property experience in the technology sector involves semiconductors, GPS, wireless devices, medical devices, and databases.

Ms. Sandoval advises U.S. and international organizations and startups in the software technologies, biomedical, and mechanical devices industries on patent counseling, prosecution, and litigation. Her intellectual property counseling experience includes patents, trademarks, copyrights, and trade secrets.