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

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

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

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

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

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

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

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

Hurdles to Compulsory Licensing and IP Waivers

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

Covid-19 vaccines are new forms of vaccines

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

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

Covid-19 vaccines are complex to manufacture

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

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

Alternatives to Increasing Access

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

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

Collective Bargaining

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

Provide Incentives

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

Corporate and Government Donations

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

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

Conclusion

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

By Joanna T. Brougher, Esq., MPH

Barnes & Thornburg has added eight prominent lawyers, consultants and staff in Delaware, including partners Thomas McGonigle, Shawn Tucker and Michael Maimone. Top level government relations consultants, Mary Kate McLaughlin and Doug Gramiak, are also joining the firm, along with Michael DeNote as of counsel, Sawyer Traver as an associate and Whitney Potts as a paralegal.

Joining from Faegre Drinker, the group collectively brings decades of experience and a deep understanding of Delaware’s critical role in corporate law, business disputes, and financial services, along with public policy and political issues. McGonigle is the partner-in-charge of the Delaware office and will participate on the firm management committee.

Barnes & Thornburg expanded into New York in February 2020 with the opening of a Midtown Manhattan office and lateral partners from some of the city’s elite law firms. Like the continued growth in New York, the Delaware additions are part of a broad firm-wide strategy to grow in strategic markets with top legal talent.

Government Experience in a Booming Market

McGonigle, an accomplished commercial litigator, has a strong background in Delaware state government. From 2009-2012, he served as chief of staff to then-Delaware Gov. Jack A. Markell and managed the governor’s office and cabinet, and was a key adviser as the state dealt with fiscal issues in the wake of the global financial crisis. McGonigle also previously served as chief legal counsel and policy director to former Gov. Thomas R. Carper, now Delaware’s senior U.S. Senator, and as a deputy attorney general in Delaware.

Tucker is a well-respected and seasoned real estate attorney who has successfully quarterbacked some of Delaware’s largest development projects. Tucker’s unique background in government has made him a natural choice for developers and business leaders over the past decade looking to expand in Delaware. Indeed, prior to entering private practice Tucker served as New Castle County’s First Assistant County Attorney responsible for overseeing all land use matters and related litigation in the State’s largest County. During that same time, Tucker led the rewrite and adoption of New Castle County’s zoning and subdivision code – the Unified Development Code. Following the code’s adoption into law, Tucker was then tapped to manage New Castle County’s Land Use Department while also overseeing the new code’s rollout.

Doug Gramiak, who joins as director of state government affairs, was chief of staff to then-Delaware Gov. John Carney from 2017 to 2019. Active with the Democratic Party for more than 30 years, Gramiak has provided senior counsel to several campaigns in Delaware, other states and nationally. He also previously served as director of an education nonprofit and as political editor for one of Delaware’s leading newspapers.

Mary Kate McLaughlin, who also joins as a director of state government affairs, previously served in two gubernatorial administrations in Delaware, including as chief of staff for the state Department of Education. She also worked as public policy manager for a national pharmaceutical company and as a government and public affairs specialist for an international energy corporation.
Corporate Law Experience and Strong New York Connections

Representing a wide array of companies and industries as well as investment funds, hedge funds and investment banks, Maimone is well known for his work in corporate transactions and litigation. He has significant experience structuring deals with safeguards against potential litigation, and as a litigator before the important Delaware Court of Chancery and Delaware Supreme Court, where he has a deep understanding of how the courts operate and of successful defense tactics.

The New York office opening, which followed expansions in late 2019 in Raleigh, North Carolina, Ann Arbor, Michigan, and Salt Lake City, Utah, provides Barnes & Thornburg a strong presence in one of the world’s financial centers. The deal-making that happens in New York has strong connections to Delaware, where many companies choose to incorporate and where litigation is likely to occur.

In addition to McGonigle, Tucker, Maimone, Gramiak and McLaughlin, an of counsel and an associate are also joining the firm.

Michael DeNote, who joins as an of counsel, has more than a decade of experience in real estate law and focuses his practice on commercial real estate transactions, financings, land use and litigation. He works with corporate, government and individual clients on financings, development, acquisitions, leasing, low income housing tax credit transactions, and zoning and land use matters.

Sawyer M. Traver, who joins as an associate, handles a range of real estate-related activities, including financing, leases, contracts, litigation and land use. In addition to her judicial clerkship for the Hon. Paul R. Wallace of the Delaware Superior Court, she was a judicial intern to the Hon. Randy J. Holland of the state Supreme Court.

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

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

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

Hurdles to Compulsory Licensing and IP Waivers

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

Covid-19 vaccines are new forms of vaccines

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

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

Covid-19 vaccines are complex to manufacture

The complexity of these vaccines further exacerbates the difficulties in recreating them. The NY Times recently published Pfizer’s 19-step process for manufacturing its vaccine. (1) This 19-step process starts with pulling DNA from cold storage and ends with administering the vaccine. In between are all the steps required to grow cells, harvest DNA, transcribe the DNA into mRNA, and assemble the mRNA vaccine. At each point there are strict quality control measures designed to ensure that the end product will be what it is intended to be. Deviation at any point in this 19-step process can jeopardize the safety of the vaccine and put lives at risk.

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

Alternatives to Increasing Access

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

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

Collective Bargaining

Collective bargaining is one such alterative and this is not a new concept. Given the high cost of drugs, developing countries have often partnered with other developing countries or non-profit organizations to collectively bargain for lower drug prices. Dr. Anthony Fauci even helped negotiate a collective agreement in 2008 to help administer treatment for AIDS (2). Groups like the WHO, Gavi, and the Coalition for Epidemic Preparedness (CEPI) are ones that can lead this approach. This is certainly a different approach than obtaining a right to use the underlying intellectual property for a treatment, and it requires countries or non-profits to have some financial strength to achieve an agreement as these entities will still have to pay for the treatment. Since there is strength with numbers, the cost per dose may be less if more groups are able to band together to facilitate a deal.

Provide Incentives

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

Corporate and Government Donations

Finally, it is important to recognize that Covid-19’s unique global impact is not lost on those involved, including vaccine manufactures and governments. Moderna has already recognized this and they have provided resources for not only using their intellectual property, but also have demonstrated a willingness to help countries that lack the ability to meet the needs of the country’s citizens (3). Moderna’s recognition of the problem that is facing the world provides a glimmer of hope for struggling countries. While it is unclear if their willingness to provide transparent access to provisional patents will ultimately lead to reduced prices, it does provide some hope that the developing world will not face an uphill battle when—and if—these countries seek to negotiate the cost of these vaccines.

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

Conclusion

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

1. How the How the Pfizer-BioNTech Vaccine Works, NY Times, May 7, 2021 https://www.nytimes.com/interactive/2020/health/pfizer-biontech-covid-19-vaccine.html
2. The President’s Emergency Plan For AIDS Relief: How George W. Bush And Aides Came To ‘Think Big’ On Battling HIV, Health Affairs, Vol. 31, No. 7
3. Moderna Press Release, Statement by Moderna on Intellectual Property Matters during the COVID-19 Pandemic, October 8, 2020 https://investors.modernatx.com/news-releases/news-release-details/statement-moderna-intellectual-property-matters-during-covid-19

Hill Ward Henderson is pleased to announce that the 2021 edition of Chambers USA recognized Hill Ward Henderson in seven practice areas and distinguished 13 attorneys for service in their respective areas of practice. This is the 20th consecutive year Hill Ward Henderson’s practice areas and attorneys have received high rankings and citations by the internationally acclaimed research group, Chambers and Partners, based in London.

Seven firm practice areas highlighted and ranked in the publication for excellence in service include: Construction; Corporate/M&A and Private Equity; Employee Benefits & Executive Compensation; Litigation: General Commercial: The Elite; Real Estate; Real Estate: Land Use & Zoning; and Tax.

In addition, 13 attorneys were recognized by Chambers USA for excellent legal knowledge and client-service in their respective practice areas:

E.D. Armstrong, III – Real Estate: Zoning/Land Use

John C. Connery, Jr. – Corporate/M&A and Private Equity

Ben Dachepalli – Construction

David S. Felman – Corporate/M&A and Private Equity

Timothy C. Ford – Construction

Katherine Frazier – Real Estate

Eric J. Hall – Corporate/M&A and Private Equity

Thomas N. Henderson, III – Real Estate

Timothy A. Hunt – Construction

Nicholas J. Outman – Corporate/M&A and Private Equity

James Robbins, Jr. – Real Estate

Dennis P. Waggoner – Litigation: General Commercial

Alton C. Ward – Employee Benefits & Executive Compensation

The Arent Fox Center for Racial Equality is pleased to announce a partnership with Howard University School of Law’s Thurgood Marshall Civil Rights Center to produce policy recommendations and research papers addressing institutionalized racism in the United States.

As part of the program, Howard Law professors and students will work with Arent Fox lawyers and administrative staff to identify, research, and produce policy analysis and research projects on systemic racism and racial injustice. Arent Fox attorneys will also serve as mentors.

Mike Brown Project

The first joint project between AFCRE and TMCRC will be the Mike Brown Project, which is designed to help pass legislation at the federal and state levels to provide mental health services to families and communities impacted by police violence.

On August 9, 2014, Michael Brown Jr., an 18-year-old Black man, was fatally shot by a White police officer in Ferguson, Missouri. The shooting ignited unrest in Ferguson – and nationwide protest – that continued for more than a week.

Zetlin & De Chiara was named a Band 1 Construction Law firm in the United States by the Legal 500 US in its annual guide.
Described as a “boutique construction law firm with a deep bench and understanding of how a construction project is built and how to address disputes when they happen,” Zetlin & De Chiara is routinely involved in projects across the US and internationally. Legal 500 selected Michael Zetlin, Michael De Chiara and Michael Vardaro to the Leading Lawyers list. Michael De Chiara was praised as an “expert in the field.” Michael Zetlin was lauded for his representation of national and multi-national construction companies as well as premier owners, developers and contractors. Other members of the “very pragmatic” team who recognized were Tara Mulrooney and Jim Terry.
Clients offered the following testimonials:
The ZD team are experts in construction disputes.
Michael De Chiara and Michael Vardaro stand out as amazing attorneys who are experts in the field of construction litigation. They are practical and effective, and they win.
They are outstanding in real estate and construction matters. They do not overload a matter. They are very pragmatic and do not waste time. They get results without drama. Extremely intelligent and knowledgeable. Very favorable results.
The Legal 500 US 2021 guide is a highly regarded legal directory which annually ranks law firms and legal professionals. It highlights legal teams who are providing the most cutting edge and innovative advice to corporate counsel. Rankings are based on feedback from clients worldwide, submissions from law firms and interviews with leading private practice lawyers.

Bradley Arant Boult Cummings LLP is pleased to announce that Roy D. Campbell III, a partner in the firm’s Jackson office, was honored with the 2021 Capital Area Bar Association (CABA) Professionalism Award.

The CABA Professionalism Award is presented to an individual based on a lifetime of service to the profession and to the bar, demonstrating consistent adherence to professional standards of practice, encouraging respect for the law, and committing to public service. Mr. Campbell received the award at CABA’s annual “Evening Honoring the Judiciary” event.

Mr. Campbell has more than 40 years of experience litigating a variety of civil suits at both the trial and appellate levels, including antitrust claims, commercial lease disputes, contract breaches, business torts, insurance coverage and employment disputes. He has served as lead counsel in over 100 jury trials and is a Fellow of the American College of Trial Lawyers and of the Mississippi Bar Foundation. Mr. Campbell is a past president of both the Capital Area Bar Association and the Mississippi Bar Association, and is a member of the Mississippi Commission on Judicial Performance and of the Mississippi Bar’s Professionalism Committee.

Bradley Arant Boult Cummings LLP is pleased to announce that Giovanni P. Giarratana, an associate in the firm’s Tampa office, has been elected to the Board of Governors of the Florida Bar’s Young Lawyers Division (YLD). He will serve a one-year term representing the 13th Circuit.

Giarratana is a member of Bradley’s Government Enforcement and Investigations Practice Group, where he assists clients faced with civil and criminal investigations, enforcement actions, and compliance issues across various industries. He also represents clients in complex litigation and issues related to securities fraud, shareholder disputes, employment discrimination, and patent infringement. Mr. Giarratana is recognized in 2021 edition of The Best Lawyers in America: Ones to Watch in the area of Criminal Defense: White-Collar. He has served as co-chair of the YLD for the Tampa Bay Chapter of the Federal Bar Association and is an active member of the YLD of the Hillsborough County Bar Association.

The YLD of the Florida Bar is comprised of more than 26,000 members under the age of 36. The YLD is dedicated to encouraging the interest and participation of division members in the purposes of the Florida Bar through a full and complete program of activities and projects which promote the best interests of the legal profession.

Bradley Arant Boult Cummings LLP is pleased to announce that Jon Paul Hoelscher, a partner in the firm’s Houston office, has been elected to serve as a council member for the Construction Law Section of the State Bar of Texas. He will serve a three-year term on the council.

A member of Bradley’s Construction and Energy practice groups, Mr. Hoelscher is board certified in Construction Law by the Texas Board of Legal Specialization. He is often called to serve as a trusted legal advisor to his clients, providing a well-rounded approach to risk management, litigation and general business issues. He represents general contractors, subcontractors, oil field service companies, product and equipment manufacturers, as well as property owners and developers in a wide range of transactional and litigation matters. Mr. Hoelscher is recognized as a leading practitioner in Texas in the area of Construction in the 2021 edition of Chambers USA. He has also been recognized in The Best Lawyers in America® since 2019 and in Who’s Who Legal: Construction since 2020 and was listed in Texas Super Lawyers in 2020.

The Construction Law Section of the State Bar of Texas is comprised of over 2,500 members consisting of legal professionals involved in the practice of construction law. The section’s goal is to provide quality continuing legal education to help members stay informed of the latest legal issues impacting the construction industry.

The International Association of Defense Counsel kicks off summer with its second quarter edition of its Defense Counsel Journal (DCJ), including in-depth analysis of issues such as cognitive fatigue impacting depositions, how the Public Readiness and Emergency Preparedness (PREP) Act affects litigation risk and defense strategy, and property insurance law in Canada.

“The outstanding articles written by IADC members for our second-quarter issue of the Defense Counsel Journal take on topics that are critical to our insurance and business law attorney members and to the broader community of practicing attorneys and corporate counsel,” said IADC member and DCJ editor Christopher B. Parkerson.

IADC President Andrew S. Chamberlin added, “In a global crisis such as the COVID-19 pandemic, the legal concerns of our clients only grow, and the complexity of the practice of law only increases. The IADC continues to anticipate and address the professional concerns of our members and the clients they serve through vehicles that include our highly regarded Defense Counsel Journal that tackles critical legal issues of day.”

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

Hanzo, a pioneer in dynamic web content preservation from enterprise collaboration applications and complex websites, today announced it has joined IBM’s (NYSE: IBM) growing ecosystem of more than 100 Global Systems Integrators (GSIs), Independent Software Vendors (ISVs), SaaS providers, and FinTechs supporting the IBM Cloud for Financial Services. The IBM Cloud for Financial Services Framework is designed to address risk in the digital supply chain through a common set of security controls that are adhered to by the entire ecosystem.

A growing portion of the $1 trillion hybrid-cloud market opportunity is comprised of the financial markets industry, which is expected to increase nearly twenty percent by 2024.[1] Key findings in a recent IBM internal analysis suggests that Cloud is expected to account for about 60% of that future market opportunity as financial institutions are accelerating innovation to meet heightened customer expectations, deliver consistent services in the face of challenges like the global pandemic, and navigate the ever-complex regulatory environment.[2]

Hanzo brings context and a greater understanding of enterprise data to corporate legal and compliance teams by providing in-house control over dynamic and collaborative data sources. This control allows organizations to reduce millions of dollars in risk, litigation, and compliance costs and elevate their corporate legal and regulatory compliance responses. Hanzo will bring Hanzo Hold’s ediscovery and data risk management capabilities and Hanzo Dynamic Capture’s high-fidelity dynamic web archiving solution to the IBM Cloud for Financial Services to help enterprises preserve dynamic and complex content and mitigate risk proactively.

The industry’s first financial services-ready cloud, the IBM Cloud for Financial Services uses IBM’s fourth-generation confidential computing capabilities and “Keep Your Own Key” encryption delivered via IBM Hyper Protect to help partners and their customers retain control of their data and transact with financial institutions in a secure environment. The IBM Cloud for Financial Services Framework is designed to reduce third- and fourth-party risk in the digital supply chain through a common set of controls and processes that are adhered to by the entire ecosystem. The built-in controls are engineered to help customers accelerate innovation, unlock new revenue opportunities, and decrease the cost of compliance.

Hanzo is part of IBM’s partner ecosystem collaborating on the IBM Cloud for Financial Services to help partners accelerate transactions with financial services institutions. The IBM Cloud for Financial Services is designed to help financial services institutions as they address their requirements for their regulatory compliance, security, and resiliency. IBM’s partner ecosystem fuels hybrid cloud environments by helping clients manage and modernize workloads from bare-metal to multicloud and everything in between with Red Hat OpenShift, the industry’s leading enterprise Kubernetes platform.

Monté T. Squire has joined Duane Morris LLP as a partner in the firm’s Intellectual Property Practice Group in its Wilmington office. Prior to joining Duane Morris, Squire served as an Administrative Patent Judge and member at the Patent Trial and Appeal Board (PTAB) for the U.S. Patent and Trademark Office (USPTO) in Alexandria, Virginia, from 2015 until 2021.

Prior to joining Duane Morris, Squire served for several years as an administrative patent judge at the USPTO. In this capacity, Squire heard and presided over numerous challenges to the validity of patents in inter partes review proceedings and related proceedings.

Prior to his time at the USPTO, Squire was an intellectual property litigation attorney at Young Conaway Stargatt & Taylor in Wilmington, where he represented national and international corporations in federal court. He advised technology, life sciences and manufacturing companies in patent litigation, licensing and complex technologies cases.

Squire began his legal career clerking for Judge Gregory M. Sleet on the U.S. District Court for the District of Delaware.

Squire is a graduate of Widener University School of Law (J.D., cum laude, 2005), where he was a managing editor of the Delaware Journal of Corporate Law, Wilmington College (M.B.A., high honors, 1999) and the University of Delaware (B. Chem. Eng., 1995). Additionally, he is the past chair of the Delaware State Bar Association Multicultural Judges and Lawyers Section and past president of the Delaware Barristers, and past member of the Lawyers Advisory Committee for the District of Delaware. Squire has served as a board member for numerous nonprofit organizations throughout Delaware.

Venable LLP is pleased to announce that Dr. Qian Huang has joined the firm as a partner in the Intellectual Property Division in the Washington, DC office. Dr. Huang advises major players in different technology sectors in patent procurement, patent litigation, and patent transaction matters.

An experienced attorney with a solid technical background, Dr. Huang represents clients in patent litigation, patenting strategy, opinions, freedom to operate, and IP due diligence in business transactions. She also handles post-grant proceedings. Her technical and legal proficiencies coupled with her bilingual capabilities in English and Mandarin provide tremendous value to her clients. Dr. Huang is a veteran in various emerging technologies, including artificial intelligence and big data analytics. She specialized in AI in her doctorate program and subsequently performed research at multiple scientific development companies in AI and various applications, including multimedia, medical information analytics, surveillance, and driverless vehicles. Dr. Huang calls upon this experience to provide highly valued legal services to high tech clients in these emerging fields.

Brian L. Klock, chair of Venable’s Patent Prosecution and Counseling – Technology Group, said, “Qian’s practical understanding of various emerging technologies and exceptional command of the legal issues facing these sectors enable her to provide the strategic and well-rounded counsel clients expect when they come to Venable. We are thrilled to have her join our team.”

Commenting on her move to Venable, Dr. Huang said, “Venable offers a wonderful hybrid between the technical depth of an intellectual property boutique and the wide-reaching resources of a national firm. I look forward to utilizing this platform to support my practice.”
Dr. Huang received her J.D. from the Catholic University of America, Columbus School of Law in 2005, her Ph.D. in computer science and engineering from Michigan State University in 1994, and her M.S. in software engineering from Kansas State University in 1989.

Bradley Arant Boult Cummings LLP is pleased to announce that Junaid Odubeko, an attorney in the firm’s Nashville office, has earned the Certified Information Privacy Professional (CIPP/US) credential in the United States through the International Association of Privacy Professionals (IAPP).

Odubeko is a partner in Bradley’s Litigation Practice Group, who focuses his practice on representing clients in complex commercial and business disputes, real estate litigation, state regulatory matters and campaign finance. He also advises business clients on matters related to cybersecurity and privacy, including compliance with the California Privacy Rights Act (CPRA) and California Consumer Privacy Act (CCPA).

Odubeko received his J.D. from Vanderbilt University Law School and his B.A. (magna cum laude) from the University of Tennessee. Prior to joining Bradley, he served as legal counsel and deputy legal counsel to Gov. Phil Bredesen, serving as the governor’s liaison to the Tennessee attorney general and each state agency.

Bradley has nine attorneys who are CIPP/US certified. Accredited by the American National Standards Institute, the CIPP is recognized as a leading global privacy and data protection credentialing program. The CIPP/US designates professionals who demonstrate a strong foundation in U.S. private-sector privacy laws and regulations and an understanding of the legal requirements for the responsible transfer of sensitive personal data to/from the United States, the European Union, and other jurisdictions.

Perkins Coie is pleased to announce that Lori A. Gordon has joined the firm’s Intellectual Property practice as a partner in the Washington, D.C., office.

Lori counsels clients in a range of industries with an emphasis on post-grant review proceedings before the Patent Trial and Appeal Board (PTAB). Lori has been recognized by the PTAB Bar Association as the top woman litigator since the PTAB’s founding based on number of trials.

In addition to her extensive PTAB trial experience, Lori also has significant experience leading invalidity cases in district court. Lori has worked on matters involving myriad technologies including semiconductor devices and fabrication, data communication, data security, cryptography and e-commerce.

Lori earned her J.D., summa cum laude, from Seton Hall University School of Law, her B.S., cum laude, in electrical engineering from Lafayette College, and her M.S. in electrical engineering from Pennsylvania State University. Lori’s talents have been widely recognized, including as a finalist for PTAB Litigator of the Year in 2017 and 2019.

Lori joins Perkins Coie from King & Spalding LLP, where she was a partner in the Trial and Global Disputes and Intellectual Property, Patent, Trademark and Copyright Litigation groups.

Perkins Coie’s Intellectual Property practice offers clients innovative, comprehensive counsel at every stage of IP protection and development, including patent litigation and appeals, post-grant proceedings, patent prosecution, portfolio counseling, and technology licensing, as well as copyright, trademark, trade secret, and unfair competition counseling and litigation. The firm’s team has secured significant wins for many clients, particularly in the pharmaceutical and technology sectors, and before the U.S. Patent and Trademark Office, the U.S. International Trade Commission, district courts, and the U.S. Court of Appeals for the Federal Circuit.

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.

Media Inquiries: Please email Justin Cole, Senior Media Relations Manager.

Hughes Hubbard & Reed LLP is pleased to announce that Remy Gerbay has joined the firm as a partner in the Arbitration group in the firm’s Washington, D.C., office.

Gerbay’s practice focuses on international commercial and investment arbitration, and related litigation. He represents clients across various industries including energy, infrastructure, transportation, pharma, banking, and telecommunications. Trained in the U.S., U.K., France and Switzerland, Gerbay has extensive experience with arbitration under the rules of the International Chamber of Commerce, the London Court of International Arbitration (where he served as deputy registrar), ICSID and other arbitral institutions.

Gerbay holds a permanent academic appointment at the University of London (Queen Mary), where he is the director of an LL.M. program in international arbitration.

Gerbay joins from MoloLamken, where he was a partner. He has a French law degree from the University of Lyon, a Masters from the University of Geneva’s Graduate Institute, an LL.M. from Georgetown University Law Center, and a Ph.D. in arbitration law from the University of London.

Bradley Arant Boult Cummings LLP is pleased to announce that 24 attorneys have joined the firm’s offices in Birmingham; Charlotte, N.C.; Houston, Tex.; Jackson, Miss.; Nashville, Tenn.; and Tampa, Fla.

The firm’s new attorneys in each Bradley office are as follows:

Birmingham

Sarah A. Baldwin is an associate in the Litigation Practice Group. She received her J.D. (summa cum laude) from the Cumberland School of Law at Samford University, where she graduated first in her class and served as both research editor and junior editor for the Cumberland Law Review. Ms. Baldwin earned a B.A. in English literature (summa cum laude) from the University of Alabama at Birmingham, where she was a member of the University Honors Program and was named the Department of English’s Outstanding Undergraduate

Sarah Gunn is an associate in the Litigation Practice Group, where she concentrates her practice on high-stakes and appellate litigation throughout the federal and state court systems, with a focus on legal strategy, motion practice, and appeals. Prior to joining the firm, she served as a law clerk for the Hon. Kevin C. Newsom on the U.S. Court of Appeals for the 11th Circuit. Ms. Gunn received her J.D. from the University of Alabama School of Law and earned a B.S.B.A. in Economics and a B.A. in Political Science from the University of Florida.

Hirshel M. Hall is an associate in the Bankruptcy and Creditors’ Rights Practice Group. He has a J.D. from the University of Alabama School of Law, where he was the lead editor for The Journal of the Legal Profession and a member of the Duberstein Bankruptcy Moot Court Team. During law school, Mr. Hall served as an extern for the Hon. Jennifer H. Henderson of the United States Bankruptcy Court for the Northern District of Alabama. He earned a B.A. (with distinction) in Political Science and Philosophy from McGill University.

Katie A. Humphries is an associate in the Litigation Practice Group. She earned her J.D. (summa cum laude) from the University of Mississippi School of Law, where she was the external chair of the Moot Court Board and the Mississippi cases editor for the Mississippi Law Journal. Ms. Humphries graduated from Auburn University with a B.A. (summa cum laude) in Public Relations and a minor in Business.

Demi A. Kampakis is an associate in the Real Estate and Banking and Financial Services practice groups. She earned her J.D. from Vanderbilt University Law School, where she was an articles editor for the Environmental Law and Policy Annual Review. She graduated from Samford University with a B.A. (cum laude) in History.

Mallory C. Koger is an associate in the Corporate and Securities Practice Group. She received her J.D. (magna cum laude) from the Cumberland School of Law at Samford University, where she was executive editor for the Cumberland Law Review. While in law school, Ms. Koger served as a judicial intern for the Hon. Madeline H. Haikala of the United States District Court for the Northern District of Alabama. She graduated from Auburn University with a B.A. (magna cum laude) in English Literature.

J. Tanner Lusk is an associate in the Banking and Financial Services Practice Group. He received his J.D. from Washington and Lee University School of Law, where he was a senior articles editor for the Washington and Lee Journal of Civil Rights and Social Justice. He graduated from Jacksonville State University with a B.A. in Political Science.

Jackson Olsen is an associate in the Construction Practice Group. He received his J.D. (cum laude) from Georgetown University Law Center and his B.A. (cum laude)in English from Florida State University.

Carson S. Phillips is an associate in the Litigation Practice Group. He earned his J.D. (summa cum laude) from the University of Mississippi School of Law, where he was executive articles editor for the Mississippi Law Journal and chair of the Negotiation Board (Alternative Dispute Resolution). He earned his B.A. (cum laude)in Political Science from Auburn University.

William Stoll is an associate in the Litigation Practice Group. He received his J.D. (cum laude) from the University of Alabama School of Law, where he served on the managing board and was articles editor for the Alabama Law Review. Mr. Stoll graduated from Boston College with his B.A. in History and Political Science.

Sarahanne Y. Vaughan is an associate in the Labor and Employment Practice Group. She received her J.D. (cum laude) from Wake Forest School of Law, where she served as articles editor for the Wake Forest Journal of Law and Policy. Ms. Vaughan earned a degree in Political Science from Rhodes College.

Mary Katherine White is an associate in the Corporate and Securities Practice Group. She received her J.D. (cum laude) from the University of Alabama School of Law, where she served as articles editor for the Alabama Law Review and was a member of the John A. Campbell Moot Court Board. Ms. White graduated (summa cum laude) from Auburn University with a B.S. in Finance.

Sydney H. Willmann is an associate in the Healthcare Practice Group. She represents numerous types of healthcare providers in a range of regulatory matters and in the litigation of healthcare-related matters. Ms. Willmann received her J.D. (cum laude) from the Cumberland School of Law at Samford University, where she served as the managing editor for the Cumberland Law Review, and received a B.A. in Journalism from Indiana University-Purdue University Indianapolis.

Charlotte

Lissette C. Payne is an attorney in the Banking and Financial Services Practice Group. She is designated as a Certified Information Privacy Professional by the International Association of Privacy Professionals, with U.S. Private Sector (CIPP/US) and European (CIPP/E) concentrations. Ms. Payne received her J.D. from the University of North Carolina School of Law and received her B.A. in Political Science from the University of North Carolina at Chapel Hill.

Houston

Molly Maier is an associate in the Construction Practice Group. She earned her J.D. (magna cum laude) from Baylor University School of Law, where she was editor-in-chief for the Baylor Law Review. Ms. Maier has a B.S. (cum laude) in Business Economics from the University of Wyoming.

Gabe Rincón is an associate in the Construction Practice Group. He earned his J.D. (summa cum laude) from South Texas College of Law Houston, where he was the development editor for the South Texas Law Review, a member of the Student Bar Association, and an officer on the Board of Advocates. He has a B.A. in Spanish and Psychology from Southern Methodist University.

Jackson

Jonathan M. Barnes is an associate in the Litigation Practice Group. He received his J.D. (summa cum laude) from the University of Mississippi School of Law, where he was executive notes and comments editor for the Mississippi Law Journal, and earned his B.A. (summa cum laude) in History from Belhaven University. Prior to joining the firm, Mr. Barnes clerked for the Hon. Leslie H. Southwick on the U.S. Court of Appeals for the Fifth Circuit and for the Hon. Daniel P. Jordan III on the U.S. District Court for the Southern District of Mississippi.

Stephen Fritz is an associate in the Litigation Practice Group. Before joining the firm, Mr. Fritz clerked for the Hon. Rhesa H. Barksdale on the U.S. Court of Appeals for the Fifth Circuit. He received his J.D. from the University of Virginia School of Law, where he was articles editor for the Virginia Law Review. He earned a B.A. (summa cum laude) in History and Political Science from the University of Pennsylvania.

Nashville

Alex Brent is an associate in the Healthcare Practice Group. He assists clients in the healthcare industry with transactional, operational, and regulatory matters. Mr. Brent received his J.D. (summa cum laude) from the University of Tennessee College of Law, where he graduated first in his class. He earned a B.S. in Business Administration from the University of Tennessee.

Katelin Davis is an associate in the Real Estate Practice Group. She received here J.D. (summa cum laude) from the University of Mississippi School of Law, where she was executive online editor for the Mississippi Law Journal. Ms. Davis earned a B.A. (summa cum laude) in Journalism from the University of Mississippi.

Tanner Hamilton is an associate in the Real Estate Practice Group. He provides counsel in real estate acquisitions and dispositions, finance and development, leasing, and lending. Prior to attending law school, Mr. Hamilton worked in the residential sector of the Nashville real estate market as a licensed real estate agent and property manager. He received his J.D. (summa cum laude) from the University of Tennessee College of Law and his B.S. (cum laude) in Mechanical Engineering from Clemson University.

Shelby Lomax is an associate in the Banking and Financial Services Practice Group. She focuses on litigation and regulatory compliance issues and advises clients on regulatory risks relating to small business lending, alternative finance, and merchant cash advance transactions. Ms. Lomax received her J.D. (magna cum laude) from Belmont University College of Law, where she served as associate editor for the Belmont Law Review, and she earned a B.S. in Sport Management from Florida State University.

Rachel Sodée is an associate in the Litigation Practice Group. She received her J.D. from Vanderbilt University Law School, where she was symposium editor for the Vanderbilt Law Review and president of the Labor and Employment Law Society. Ms. Sodée earned a B.A. (summa cum laude) in French and English from the University of Alabama.

Tampa

John C. Hood is an associate in the Healthcare Practice Group. He earned his J.D. (cum laude) from the University of Florida Levin College of Law, where he was executive symposium editor for the Florida Law Review. Prior to enrolling in law school, he worked as a public policy analyst for a large not-for-profit healthcare system. Mr. Hood graduated from Rollins College with a B.A. (magna cum laude) in International Business.

Rebecca L. Palmer Law Group Attorneys Cathleen Winter and Cynthia Winter Become Founding Members of Newly Launched AACFL Orlando Chapter

ORLANDO, FLA: June, 2021 – The Rebecca L. Palmer Law Group is proud to announce that attorneys Cathleen Winter and Cynthia Winter are founding members of the recently launched American Academy for Certified Financial Litigators (AACFL) Orlando Chapter as founding members. Joined by other Central Florida legal professionals, the organization’s mission is to solve a growing problem in the divorce world – a rapidly changing economy and client demand for financially savvy attorneys.

In addition to being siblings, Cathleen and Cynthia Winter are talented legal professionals with a shared passion for the law and serve as critical members of the Rebecca L. Palmer Law Group.

Cathleen Winter received her Juris Doctor degree from the University of Florida. In addition to being appointed to the GOAABA Board of Directors, Cathleen is also a member of the Florida Bar, the Orange County Bar Association, and the Central Florida Family Law Inn of Court. Cathleen was selected to the 2020 Super Lawyers Florida Rising Stars list and received a 2021 Best Lawyers: Ones to Watch recognition for her work in Family Law.

Cynthia received her Juris Doctor degree from the University of Florida. Cynthia is licensed to practice law in Federal matters in the United States Federal Court for the Middle District of Florida. Cynthia is a member of the Florida Bar, the Orange County Bar Associated, the Central Florida Family Law Inn of Court, and GOABBA. Cynthia was selected to the 2020 Super Lawyers Rising Stars list and has received recognition by Best Lawyers her work in Family Law annually since 2019.

The Orlando Florida chapter of the AACFL is an organization of elite professionals dedicated to excellence in the financial aspects of litigation. Membership indicated significant commitment to the community by improving the court system’s efficiency through advance financial education for attorneys.

Firm Grows Capabilities for U.S. and International Franchises with a Private Equity Focus
Akerman LLP, a top 100 U.S. law firm, has expanded its Franchise and Licensing Practice with Dale Alexandra Cohen in New York.

Cohen follows the addition of partner Robert Smith in Washington, D.C., Franchise and Licensing Practice Co-chair Kevin Hein, special counsel Trish MacAskill in Denver, litigation partner William Sentell in Houston, and special counsel Jill Klein in West Palm Beach. The six new partners, combined with the experience of Franchise and Licensing Practice Co-Chair Warren Lewis in Washington, D.C., bring a wealth of knowledge in U.S. and international franchise and distribution matters.

Cohen focuses her practice on domestic and international franchising, distribution, and licensing law. Dale advises both emerging and mature companies with respect to planning, structuring and implementing their franchise, distribution, and licensing programs. Her experience includes drafting franchise, master franchise, license and distribution agreements; preparing franchise disclosure documents (FDDs); securing registration of franchise offerings in the U.S. and abroad; negotiating and structuring complex system-wide supplier arrangements, as well as drafting agreements memorializing such system-wide supplier arrangements; implementing compliance programs and system-wide standards; and, counseling franchisors on a variety of franchise relationship issues, such as franchise termination and strategies to avoid and resolve franchisee disputes.

Cohen also has experience with franchise-related mergers and acquisitions (including assisting private equity firms with the purchase and sale of franchise systems), sophisticated franchise-related financing transactions (including the securitization of a franchisor’s royalty stream), and general corporate law.