Blank Rome LLP is pleased to announce that Jennifer Short has joined the firm’s Washington, D.C., office as a partner in the White Collar Defense & Investigations group. Short represents government contractors, healthcare providers, and others in highly regulated industries that are susceptible to government investigations and enforcement actions. Short joins Blank Rome from the litigation boutique KaiserDillon PLLC. Prior to that role, Short was an Assistant U.S. Attorney for the District of Columbia where she spent eight years on the Affirmative Civil Enforcement team, prosecuting civil False Claims Act cases.

Short helps companies and individuals identify, mitigate, and avoid legal risks in-line with key business needs and objectives. From her years with the Department of Justice, Short has a deep understanding of the often complex and sometimes nuanced circumstance that can lead to disputes under the civil False Claims Act, one of the federal government’s most powerful enforcement tools. Short has the rare distinction of having tried False Claims Act cases on behalf of the United States and for the defense. Before her public service, Short was a partner in Holland & Knight’s litigation, white collar criminal defense, and compliance practices, where she worked with clients to navigate both the direct and collateral consequences of government investigations and commercial disputes.

At Blank Rome, Short will collaborate with the firm’s government contracts practice and its experienced white collar litigators. In addition, she will focus on bringing her experience in healthcare fraud matters to private equity firms investing in healthcare companies, guiding them through the added layers of due diligence and operations integration required in such a highly regulated industry.

Short earned her J.D. from the University of Virginia School of Law and her A.B. from Duke University.

Miller & Chevalier Chartered today announced that veteran litigation, compliance, and government investigations attorney Jeffrey Lehtman has joined the firm as a Member in the Litigation Department. Lehtman comes to the firm from Wilson Sonsini Goodrich & Rosati.

Lehtman counsels multinational companies, financial institutions, international development banks, and senior officers and directors on a range of complex compliance and investigation matters, including those relating to the Foreign Corrupt Practices Act (FCPA), anti-money laundering, and economic sanctions regulations as well as investigations relating to potential accounting, disclosure, market manipulation, and other securities-related matters before the U.S. Securities and Exchange Commission, the U.S. Department of Justice, the Financial Industry Regulatory Authority, and various other domestic and international authorities. Fluent in Spanish, Lehtman frequently represents global companies, financial institutions, and financial services companies based in or operating in Latin America.

Lehtman earned his J.D cum laude from the University of Michigan Law School, and his B.A. summa cum laude from Vanderbilt University.

Greensfelder, Hemker & Gale, P.C., is pleased to announce that Robert J. Zafft, of counsel in the firm’s St. Louis office, has been named a Fellow of World Commerce & Contracting (WorldCC), a global business association.

Fellows of WorldCC comprise professional, academic and business leaders who have made significant contributions to the development of contract and commercial management. Formerly known as the International Association of Contract and Commercial Managers, WorldCC is a not-for-profit global organization that seeks to promote standards and raise capabilities in commercial practice and to equip members with knowledge and networks that support successful contracts and commercial relationships.

Zafft has participated in numerous WorldCC events and has written for the organization’s Contracting Excellence Journal. WorldCC will distribute a mini-course on business ethics by Zafft, who also will have roles in future WorldCC programs and corporate training.

A member of Greensfelder’s Business Services group, Zafft advises businesses on cross-border trade and investment, domestic commercial matters, governance, and IT. He teaches business ethics at Olin Business School, Washington University in St. Louis. He is the author of the recently published book “The Right Way to Win: Making Business Ethics Work in the Real World.”

Experienced Family Law attorney brings diverse expertise to the firm

DALLAS – Nationally recognized Family Law firm Orsinger, Nelson, Downing & Anderson (ONDA) is pleased to announce the addition of attorney Meghan Burns.

Burns comes to the firm with extensive Family Law experience, focusing on divorce, child custody, and marital agreements. She often represents high-profile individuals involved in matters such as mediation, litigation and informal settlement agreements.

A graduate of the University of Arkansas School of Law, with an undergraduate degree in political science from the same university, Burns is a frequent author for the State Bar of Texas Family Law Section. Prior to her career as an attorney, Burns worked in the banking industry, where she managed a mortgage servicing team.

ONDA and its attorneys are frequently recognized for their representation of individuals in Family Law disputes. In 2020, the firm was honored for the third consecutive year for having the most Top 100 Texas Super Lawyers honorees out of more than 100,000 practicing attorneys in the state.

The firm was recognized separately in the 2021 Best Law Firms listing published by U.S. News & World Report and The Best Lawyers in America.

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

Fitch, Even, Tabin & Flannery LLP will present a free webinar, “Using Persuasion Techniques to Achieve Litigation Success: Part One,” featuring Fitch Even partners Karl R. Fink, Nikki Little, and Timothy P. Maloney.

The webinar will take place on Wednesday, March 10, 2021, at 9:00 am PST / 10:00 am MST / 11:00 am CST / 12 noon EST.

In the fourth century B.C., Greek philosopher Aristotle described three key methods of persuasion that can be used to influence your audience—ethos, pathos, and logos. These persuasion techniques are used in all types of communication in our everyday lives. And when complex issues are involved, such as in intellectual property litigation, effectively applying these principles becomes even more important.

During this webinar, we’ll explore the ways these modes of persuasion can be used to effectively communicate throughout the life of a case, covering the following:

• An introduction to the concepts of ethos, pathos, and logos
• How to integrate persuasion techniques when developing case themes
• The importance of building a team that can communicate and persuade
• How to select and prepare effective fact witnesses

In April we will present Part Two, which will cover additional aspects of a case, including expert witnesses, communications with the court, and trial.

CLE credit has been approved for California, Illinois, and is pending for Nebraska. Other states may also award CLE credit upon attendee request.

Following the live event, a recording of the webinar will be available to view for one year at www.fitcheven.com.

Charlotte, N.C. – Parker Poe Adams & Bernstein LLP is pleased to announce that Charlotte Office Development Partner Brian Cromwell has been elected chair of the board of trustees for Blumenthal Performing Arts. The nonprofit serves the Carolinas as a leading cultural, entertainment, and education provider.

Since 2018, Cromwell has served on Blumenthal Performing Arts’ board, which includes a diverse group of business, arts, and government leaders. As board chair, Cromwell will help provide strategic oversight as the nonprofit brings Broadway plays to the Carolinas, manages theaters, inspires kids through student-focused programs, and nurtures artists.

Cromwell has a deep passion for serving the community. He is commissioner of the N.C. Commission of Indigent Defense Services and a judge and lawyer trainer for Mecklenburg County Teen Court. He is a former board chair of the Charlotte Symphony Orchestra and United Family Services.

As Parker Poe’s Charlotte Office Development Partner, Cromwell helps lead the firm’s community visibility and engagement strategy in the Charlotte region. In his legal practice, Cromwell counsels clients on regulatory enforcement issues, white collar criminal defense, civil litigation, fintech, and internal investigations.

Sidley is pleased to welcome Brittany Bolen, Senior Policy Advisor, to the firm’s Environmental and Government Strategies practices. She joins the firm’s Washington, D.C. office from the U.S. Environmental Protection Agency (EPA), where she served as the Associate Administrator for Policy and Senior Counsel to the Administrator.

Bolen’s practice involves counseling and advocacy on complex environmental regulatory and policy matters across the executive branch and on Capitol Hill. Her federal government experience includes a deep understanding of the rulemaking and legislative processes. Bolen’s knowledge of the substance, staff, and inner workings of the legislative and executive branches helps clients navigate the federal policymaking process and craft the most effective strategy to successfully shape environmental policy.

As the former head of EPA’s Office of Policy, she oversaw all aspects of agencywide (i.e., air, water, waste, and chemicals) policymaking and managed over 150 employees providing multidisciplinary skills in areas of environmental justice, environmental permitting, environmental economics, and regulatory development. During her time at EPA, Bolen was substantively involved in crafting regulations and guidance under each environmental statute, including enhanced contributions to actions related to climate change, fuel economy, energy development and infrastructure, and PFAS. She also served as EPA’s Regulatory Policy Officer — the chief liaison to OMB’s Office of Information and Regulatory Affairs — leading negotiations for interagency review of significant EPA regulatory actions and coordinating EPA review of other federal agencies’ significant regulatory actions. In addition, Bolen served as EPA’s NEPA Official, overseeing EPA’s environmental review of other agencies’ major federal actions and coordination with the Council on Environmental Quality.

Prior to her executive branch service, she served on congressional committees in both the U.S. Senate and House of Representatives, including the Environment and Public Works Committee with jurisdiction over EPA and other environmental policy issues. On Capitol Hill, Bolen had in-depth experience conducting oversight and investigations, developing legislation, and contributing to the confirmation process for presidential nominees.

Bolen has extensive strategic and crisis communications and advocacy experience. She has testified before Congress and is frequently invited to speak at large stakeholder events, industry panels, and federal advisory committee meetings. Throughout her government service, Bolen has developed strong bipartisan relationships and has worked with a variety of stakeholders, including state and local officials, corporations, trade associations, think tanks, and non-governmental organizations.

Bolen received her J.D. from the George Mason University School of Law and her B.A., cum laude, from the University of Florida. She is admitted to practice law in Florida and the District of Columbia.

A federal directive to prioritize the investigation of coronavirus-related fraud, the unprecedented amount of federal stimulus payments, and the transition to a new administration has created a climate in which False Claims Act enforcement likely will create significant risks for businesses this year, according to a new report by global law firm Hogan Lovells.

The False Claims Act Guide: 2020 and the Road Ahead, looks at FCA enforcement trends in industries including health care, financial services, and higher education, as well as key developments in the law that will drive FCA enforcement this year.

The FCA Guide looks at potential enforcement risks under the CARES Act and other federal programs put into place in the wake of COVID-19.

The FCA Guide looks at enforcement activity in a number of industries, including:

Health care – The health care sector continued to see nine-figure FCA settlements stemming from Anti-Kickback Statute violations and billing for medically unnecessary items and services.

Financial institutions – Financial institutions have distributed hundreds of billions of dollars in loans under the CARES Act, creating new FCA risks for lenders participating in the Paycheck Protection Program and Main Street Lending Program.

Higher education – Recent FCA settlements and congressional attention have raised doubt as to whether certain exemptions to the ban on incentive compensation for student recruitment remain viable.

The FCA Guide also examines a number of important developments in the law that businesses should consider in reviewing their compliance programs. A corresponding podcast series, which begins today, will focus on each of the sections covered by the FCA Guide.

Access to the FCA Guide and podcast series.

Duane Morris LLP has opened a new office in Dallas, Texas, with the addition of Trial partners Robert M. Castle III, Randy D. Gordon, Jamie R. Welton and Lucas “Luke” Wohlford. The group joins Duane Morris from Barnes & Thornburg LLP. The move further aligns Duane Morris’ domestic operations with the robust high-technology and energy sectors in Texas. The firm opened its Austin office in 2017 and its Houston office in 1999. The new Duane Morris LLP office is located at 100 Crescent Court in Dallas.

As one of the most diverse regional economies in the nation, Dallas offers a thriving commercial environment. With more than 65,000 businesses located in the metropolitan region including Texas Instruments, AT&T, Comerica and Southwest Airlines, the city serves as headquarters to more than 20 Fortune 500 firms.

Robert M. Castle III represents clients in a variety of industries; however, the majority of his practice focuses on healthcare industry clients. His nationwide healthcare practice includes qui tam defense, civil and criminal government investigations, internal investigations, internal compliance review, billing audits, white collar criminal defense, hearings before administrative law judges, contract review, medical board hearings and investigations, licensing matters, certificate of need disputes, ERISA claims and counseling on compliance issues. Castle represents multiple types of providers, including hospitals, hospices, home health agencies, long-term acute care facilities, inpatient and outpatient rehabilitation care providers, community care providers, pediatric home care providers, ambulatory surgery centers, physician groups and individual physicians. He also represents compounding pharmacies, reference laboratories, pharmaceutical companies, durable medical equipment manufacturers and distributors, and medical device and implant manufacturers and distributors. Prior to law school, Castle worked in medical sales for manufacturers and distributors in the clinical laboratory and medical/surgical fields.

In addition to healthcare law, Castle has also handled disputes for financial services institutions, private wealth managers and financial advisers, oil and gas companies, current and retired professional athletes and a variety of other commercial businesses. He has experience filing and defending cases involving common law claims, including breach of contract, business torts and equitable claims, as well as state and federal statutory claims involving, among others, the False Claims Act, the Anti-Kickback Statute, the Stark Law, securities laws, ERISA, Title VII, Americans with Disabilities Act, Age Discrimination in Employment Act and other state and federal healthcare and banking statutes. Castle has experience in state and federal courts and representing clients in venues throughout the United States, including Texas, New York, Delaware, Florida, Pennsylvania, Arizona, Colorado, California, Ohio, Kansas, Missouri, Georgia, Oklahoma, Mississippi, Louisiana, Nevada, Alabama and Wyoming. A frequent speaker, he has delivered numerous presentations to attorneys and physicians on securities and healthcare issues.

Castle is a graduate of the Southern Methodist University Dedman School of Law (J.D., cum laude, 2002), where he was a member of the Order of the Coif, and Texas Tech University (B.A., 1999), where he was on the President’s List (students who earn a 4.0 GPA) each semester.

Randy D. Gordon has more than 25 years of complex litigation experience working with public and private companies in more than two dozen industries. He focuses his practice on helping a range of entities with antitrust, RICO, class-action, university-related, securities and intellectual property matters. Gordon advises businesses on distribution plans and provides legal and economic analysis of proposed transactions, including mergers and acquisitions. He formerly served as general counsel to a global trade association serving the semiconductor industry and recently served as the lead attorney for a major research university in international product liability litigation. Gordon is an executive professor of law at Texas A&M University, where he also holds joint appointments in history and is a special adviser to the dean of the School of Innovation and vice president of entrepreneurship and economic development. He is a frequent lecturer and has many published works on topics such as antitrust, the Racketeer Influenced and Corrupt Organizations (RICO) Act and class action matters in multiple media publications. Gordon’s most recent book, Rehumanizing Law: A Theory of Law and Democracy, was published in 2011 by the University of Toronto Press. He has written numerous law review articles. Gordon’s articles concerning RICO issues are regularly cited as persuasive authority by courts, commentators and practitioners, including in pattern jury instructions, leading law reviews (e.g., Columbia, Harvard, NYU and Yale), and briefs in cases before the U.S. Supreme Court (e.g., Anza, Bank of China and Bridge).

Gordon is a graduate of the University of Edinburgh (Ph.D., legal theory, 2009), Columbia Law School (LL.M., 1992), Washburn University School of Law (J.D., cum laude, 1991), where he was editor of the Washburn Law Journal, and a member of Phi Kappa Phi, the University of Kansas (Ph.D., English, 1990), where he was a recipient of the Dorothy Haglund Prize for an Outstanding Dissertation, the University of Kansas (M.A., 1986) and the University of Kansas, (B.A., 1984).

Jamie R. Welton represents clients in high-profile, complex commercial claims in state and federal courts across the country. He has secured some of the nation’s largest commercial jury verdicts, with multiple Top 10 commercial verdicts listed in The National Law Journal and several defense wins in cases where the damages sought exceeded $100 million. As a trial lawyer, Welton handles complex disputes for financial institutions, asset managers, healthcare providers, advertising and media companies, high-net-worth individuals, bankruptcy trustees, receivers and a variety of commercial businesses. He also conducts internal investigations, responds to and defends government investigations and litigation, qui tam actions, class actions and derivative suits, and represents clients in administrative proceedings, bankruptcy litigation, appellate matters and arbitration. In addition to Texas, Welton has handled matters in Alabama, Arizona, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Louisiana, Massachusetts, Mississippi, Missouri, Nevada, New Mexico, New Jersey, New York, Ohio, Oklahoma, Oregon and Canada.

Welton is a graduate of the University of Illinois College of Law (J.D., magna cum laude, 1999) and the University of Illinois (B.A., 1996), where he was an Edmund James Scholar.

Lucas “Luke” Wohlford is an experienced trial attorney who has spent his career representing individuals, family-owned businesses, and publicly and privately held companies in a wide range of commercial disputes. He focuses his practice in the areas of corporate and fiduciary litigation, complex contract litigation, product liability, antitrust and class action litigation. In addition to his trial practice, Wohlford frequently handles post-trial proceedings and appeals in state and federal courts. As a former law clerk for a federal appellate judge, he brings unique perspective and experience to his appellate work. Outside the courtroom, Wohlford advises corporate clients on a variety of matters, including contract negotiation, risk avoidance and mitigation, and regulatory compliance and investigations. He understands the significant costs and burdens of litigation, and works with his clients in developing strategies to avoid litigation whenever possible.

Wohlford is a graduate of the University of Kansas School of Law (J.D., 2009), where he was note and comment editor of the Kansas Law Review and elected to the Order of the Coif. He is also a graduate of the University of Kansas (B.A., 2005), where he was elected to Phi Beta Kappa.

Perkins Coie is pleased to announce that Jill Louis, a partner in the Corporate & Securities practice, has been named office managing partner in Dallas. Louis succeeds Dean Harvey, who had served in the position since May 2019 and has joined the firm’s Management Committee.

In addition to her new duties, Louis will continue to focus her legal practice on private equity and corporate representation, including mergers and acquisitions, corporate governance, and transportation infrastructure transactions. Louis has broad experience advising multi-location retail and industrial sector companies. She is also active in the Dallas community, serving as a member of the board of the AT&T Performing Arts Center and of North Texas Public Broadcasting (KERA/KXT) among other professional and community groups. She is also a member of the board of trustees of Howard University.

With one of the largest technology-focused legal practices in Texas, Perkins Coie’s Dallas office serves the most innovative companies in the state and beyond in technology transactions, data privacy, intellectual property, labor and employment, mergers and acquisitions, and a range of other business-focused services.

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 1,100 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.

Bradley Arant Boult Cummings LLP is pleased to announce that Matthew J. Agnew has joined the firm’s Dallas office as a senior attorney in the Healthcare Practice Group.

Bradley’s Dallas office has tripled in size since it opened in January 2019 and has reinforced the firm’s strengths in its litigation, finance, corporate, fintech and emerging business practice areas. In addition, the firm has grown to more than 50 lawyers located across its offices in Dallas and Houston, and more than 70 lawyers licensed in the state, allowing the firm to handle a wide variety of legal matters for its clients in Texas and beyond.

Agnew advises healthcare companies on legal issues pertaining to business transactions and regulatory compliance, and defends healthcare companies against fraud, waste, and abuse allegations. His experience includes advising clients on merger and acquisition, divestiture and joint venture transactions, general regulatory compliance, payer-provider billing disputes and reimbursement and overpayment issues. He routinely handles matters before the State of Texas’ regulatory boards, U.S. Health and Human Services’ agencies, and the Department of Justice.

Agnew earned his J.D. from the University of Kansas School of Law and his B.A. from Wichita State University.

The International Association of Defense Counsel (IADC) has announced that Andrew S. Harris, a partner at Jones Walker LLP in Jackson, Mississippi, has accepted an invitation to join the IADC, the preeminent invitation-only global legal organization for attorneys who represent corporate and insurance interests.

Harris focuses his practice on intellectual property litigation, assisting clients with the protection of their intellectual property, such as prosecution and defense of trademark, copyright, and patent infringement claims, as well as trade secrets litigation. He also represents closely held businesses, publicly traded companies, and entrepreneurs on a broad array of complex, commercial concerns.

Harris is a member-at-large of the Mississippi Bar’s Intellectual Property, Entertainment & Sports Law Section, and a member of the American Intellectual Property Law Association. He previously served as president of the Jackson Young Lawyers Association. In addition, he is a member of the board of Willowood Developmental Center, a Mississippi-based, non-profit organization.

He received his J.D. (summa cum laude) from the University of Mississippi School of Law and his Bachelor of Arts from Millsaps College.

Bradley Arant Boult Cummings LLP is pleased to announce that Margaret Oertling Cupples and Jason Fortenberry, attorneys in the firm’s Jackson office, have been elected to the board of the Capital Area Bar Association (CABA).

Cupples, who is managing partner of Bradley’s Jackson office, will serve as secretary for one year, then as treasurer for one year, before becoming the organization’s president. Fortenberry will serve a two-year term as a director.

CABA is a voluntary bar association that serves Hinds County and the metropolitan areas of Madison and Rankin Counties. It provides members with opportunities to engage on current legal issues through publications, CLEs and key speakers. It also supports state and federal judiciaries and the importance of law through advocacy and initiatives, encourages and financially supports pro bono opportunities, engages in diversity issues affecting law practice, and supports legal education opportunities through scholarships.

About Bradley
Bradley combines skilled legal counsel with exceptional client service and unwavering integrity to assist a diverse range of corporate and individual clients in achieving their business goals. With offices in Alabama, Florida, Mississippi, North Carolina, Tennessee, Texas, and the District of Columbia, the firm’s nearly 550 lawyers represent regional, national and international clients in various industries, including banking and financial services, construction, energy, healthcare, life sciences, manufacturing, real estate, and technology, among many others.

Littler, the world’s largest employment and labor law practice representing management, has released the results of its COVID-19 Vaccine Employer Survey Report completed by more than 1,800 in-house lawyers, human resources professionals and C-suite executives across the United States.

The survey finds most employers unlikely to mandate COVID-19 vaccination for a variety of reasons, mainly centered around company culture and employee relations issues. Instead, most are focused on efforts to encourage vaccination, as well as on continuing remote work and maintaining safety protocols in the workplace, even when vaccines become more widely available.

Mandatory Vaccination

Less than 1 percent of respondents currently mandate vaccination for all employees, and only 6 percent say they plan to once vaccines are readily available and/or the U.S. Food and Drug Administration grants full approval. Nearly half (48 percent) have already decided against requiring immunizations in their workplaces. While it is feasible that vaccine mandates will become more common in the coming months as 43 percent said they were still considering the possibility of such a policy (43 percent), employers cited a plethora of worries about requiring vaccinations.

Top concerns around a mandate are fundamentally linked to employee relations issues: 79 percent cited resistance from employees who are not in a protected category but refuse or oppose vaccination generally, while 67 percent are concerned about a mandate’s impact on employee morale and company culture. Legal and administrative concerns added to the hesitancy: 64 percent are worried about legal liability should an employee experience an adverse reaction, and 47 percent about administrative difficulties with implementing mandates.

Encouraging Vaccination

Despite the hesitancy around mandating vaccinations, the survey suggests employers are focused on encouraging employees to get the vaccine – only 6 percent plan not to. Nearly 90 percent of respondents said they would provide information to employees (such as the benefits of vaccination and how to get vaccinated) and 37 percent said they would offer vaccine administration at their own facility to increase convenience.

Employers highlighted other avenues of encouragement, such as offering paid time off to receive the vaccine or recover from its side effects (33 percent) and providing incentives to employees, such as cash awards or other monetary benefits (11 percent). The latter option in particular is one many employers are likely considering, but the low percentage of those currently planning to offer such incentives likely reflects the complicated issues involved in administering such a policy – including employee benefits and wage and hour issues.

Remote Work Policies and Return-to-Work Considerations

For employers that elect not to mandate vaccinations – and even for those who do – there will inevitably become a split in the workforce among those who have and have not been vaccinated. It follows that 72 percent of respondents expressed at least some concern about providing reasonable accommodations to those who cannot or who refuse to get vaccinated.

This concern may explain why most respondents appear to be decoupling remote work policies from vaccinations. In reflecting on their plans to bring remote workers back to the physical workplace, just 7 percent said they would bring only vaccinated employees back once vaccines are widely available, and only 6 percent said they would bring all employees back (and keep unvaccinated employees separate). What’s more, 49 percent are extending remote work at least into the summer and 37 percent are allowing employees who wish to work on-site to do so on a voluntary basis.

Respondents identified a wide-range of COVID-19-related precautions they plan to keep in place even after vaccines are readily available, including encouraging or requiring wearing face masks (81 percent), modifying physical workplaces to maintain distance between workers (66 percent), limiting or restricting employee contact in common areas (62 percent), increasing frequency and depth of cleaning (56 percent), and conducting employee temperature or symptom screenings (50 percent).

Workplace Testing

Providing access to COVID-19 testing is another way to keep employees safe in the workplace: 36 percent of respondents are either currently providing testing, planning to test or considering it. While 49 percent said they do not plan to, this is likely mainly a reaction to the high cost and myriad legal issues raised by testing, including employee privacy and information security issues.

Download the Littler COVID-19 Vaccine Employer Survey Report.

Bradley Arant Boult Cummings LLP is pleased to announce that Christopher C. Lam, managing partner of the firm’s Charlotte office, has been elected as a Fellow of the American Bar Foundation (ABF).

The ABF Fellows is a global honorary society that recognizes attorneys, judges, law faculty and legal scholars whose public and private careers have demonstrated outstanding dedication to the highest principles of the legal profession and to the welfare of their communities. Membership in the Fellows is limited to one percent (1%) of lawyers licensed to practice in each jurisdiction. Members are nominated by their peers and elected by the ABF board. The Fellows support the research of the ABF and sponsor seminars and events of direct relevance to the legal profession. The independent, nonprofit ABF seeks to advance the understanding and improvement of law through research projects on the most pressing issues facing the legal system in the United States and the world.

In his litigation practice, Lam helps clients protect their business interests in disputes related to contracts, business torts, product liability, earn-outs, trade secrets, non-competes, LLCs and partnerships, defamation, and private equity investments. His clients include individuals, start-up businesses, middle market companies, and public corporations and he is lead North America product liability counsel for a Fortune 200 manufacturer. He also regularly counsels clients in business issues and contract drafting and negotiation.

Lam is a leader in several professional and civic organizations. He currently serves as chair of the 2021 Charlotte Access to Justice Campaign. He is the immediate past president of the Mecklenburg County Bar and is a past co-chair of the North Carolina Bar Association’s Administration of Justice Committee. He also is a past chair of the Business Litigation Committee of the International Association of Defense Counsel, an invitation-only, peer-reviewed organization of approximately 2,500 attorneys from more than 50 countries around the world. In addition, he serves on the Board of Visitors for Duke University’s Sanford School of Public Policy and is a trustee of the North Carolina Humanities Council.

Austin attorney Jennifer Ferri and San Antonio attorney Erica Benites Giese were elected partners at Jackson Walker LLP on Feb. 5.

Ferri’s practice focuses on electric power industry transactions and regulatory matters. Giese, a former federal prosecutor, is in the white-collar and government investigations section of Jackson Walker’s San Antonio office.

Ferri advises utilities, developers, investors, lenders and large power consumers on transactions in electric power markets and on state and federal electric regulatory issues. Before joining Jackson Walker three years ago, she served as in-house counsel for one of the country’s largest municipal electric utilities.

Ferri received her J.D., with honors, from the University of Texas School of Law and her B.A., cum laude, from Williams College.

Giese advises clients in civil and white-collar criminal probes and litigation, qui tam complaints and fraud cases involving healthcare, bank and wire transactions, government contracts and immigration worksite enforcement actions. She previously served as assistant U.S. Attorney in the Western District of Texas.

Giese volunteers with the Hispanic National Bar Association as Deputy Region XII President.

She earned her J.D. from St. Mary’s University School of Law, M.S. from Texas State University, and B.A. from The University of Texas at Austin.

Global law firm Hogan Lovells successfully represented the Major League Baseball (MLB) franchise Baltimore Orioles in a salary arbitration against outfielder Anthony Santander.

A three-person arbitration panel ruled in favor of the Orioles, awarding Santander a 2021 salary of US$2.1 million, as opposed to the US$2.475 million requested by the player. Santander was named an American League Gold Glove finalist in Right Field in 2020.

The Orioles were represented by Hogan Lovells Washington, D.C., associate Jimmy McEntee. Prior to starting his private practice career at Hogan Lovells, McEntee interned in MLB’s Labor Relations Department. He has previously assisted the Los Angeles Dodgers and Minnesota Twins in other salary arbitration cases, and is currently representing an MLB team in a separate salary arbitration matter.

Bradley Arant Boult Cummings LLP is pleased to announce that nine attorneys in the firm’s Nashville office have been recognized by the Tennessee Supreme Court as 2020 “Attorneys for Justice.” The firm’s honorees are Kimberly M. Ingram, Alexandra C. Lynn, Erin Malone-Smolla, Casey L. Miller, Peter C. Sales, Edmund S. Sauer, Jeffrey W. Sheehan, Fritz Spainhour, David K. Taylor.

This marks the seventh consecutive year that the Tennessee Supreme Court has recognized “Attorneys for Justice,” which the court defines as lawyers who work a minimum of 50 pro bono hours annually to provide legal services to those who cannot afford the costs. The goal of the recognition program is to increase statewide pro bono work to 50 percent participation.

Attorneys in Bradley’s Nashville office are actively involved in a number of pro bono efforts, including the newly launched Black-Owned Small Business and Nonprofit Legal Clinic, which provides accessible and affordable business-oriented legal services to Black-owned small businesses and nonprofits in the Nashville area. In 2020, attorneys and staff from across all of the firm’s offices performed more than 13,000 hours of pro bono service valued at more than $5.3 million.

William M. McSwain has joined Duane Morris LLP as a partner in the firm’s Trial Practice Group in its Philadelphia office. McSwain served as the U.S. Attorney for the Eastern District of Pennsylvania from April 2018 until he stepped down on January 22, 2021.

As U.S. Attorney, McSwain served as the chief federal law enforcement officer responsible for all federal criminal prosecutions and civil litigation involving the United States in the Eastern District of Pennsylvania, which is one of the nation’s most populous districts, with nearly 6 million people residing within its nine counties. McSwain supervised a staff of approximately 300, including more than 140 Assistant U.S. Attorneys, at offices in Philadelphia and Allentown.

During McSwain’s tenure, the U.S. Attorney’s Office dramatically increased its productivity across the board. For example, it logged a 40 percent increase in its criminal indictments, with significant increases across all subject areas in the Criminal Division, including economic crime, government fraud, corruption, violent crime, narcotics and national security. The Civil Division opened a record number of False Claims Act investigations, which are designed to recover money on behalf of the U.S. government and taxpayers when they have been victims of fraud. The Civil Division also achieved a record number of affirmative civil enforcement resolutions, and recovered hundreds of millions of dollars from companies and individuals that were under investigation for allegedly committing fraud against the United States.

McSwain’s efforts as U.S. Attorney included a specific emphasis on white collar enforcement. For example, he spearheaded the creation of two new white collar units: a regional Health Care Fraud Strike Force, in conjunction with the Fraud Section at the U.S. Department of Justice, in order to pursue criminal penalties against those who defraud U.S. government health care programs, and an Affirmative Civil Enforcement Strike Force designed to focus on and expedite complex affirmative civil enforcement cases. McSwain strengthened and expanded his office’s relationship with financial regulators, such as the SEC’s Philadelphia Regional Office and the Pennsylvania Department of Banking. He also served on the White Collar Subcommittee of the Attorney General’s Advisory Committee. This renewed emphasis on white collar matters helped the U.S. Attorney’s Office to obtain hundreds of millions of dollars in penalties and criminal convictions for health care fraud, securities fraud, insider trading, tax fraud, Ponzi schemes, embezzlement and other forms of financial fraud.

An accomplished trial lawyer and appellate oral advocate, McSwain most recently served as lead counsel in United States v. Safehouse, in which he challenged Philadelphia’s plan to be the first city in the country to open supervised heroin injection sites. He personally argued and won the case in the U.S. Court of Appeals for the Third Circuit, which ruled that such sites would violate the federal Controlled Substances Act. Prior to his appointment as U.S. Attorney, McSwain was a partner at Drinker Biddle & Reath LLP (now Faegre Drinker Biddle & Reath LLP), focusing on white collar criminal matters and complex business litigation. He served as an Assistant U.S. Attorney in the Criminal Division of the U.S. Attorney’s Office for the Eastern District of Pennsylvania from 2003 to 2006. He began his legal career by clerking for the Honorable Marjorie O. Rendell, U.S. Circuit Judge of the U.S. Court of Appeals for the Third Circuit.

McSwain is a graduate of Harvard Law School (J.D., 2000), where he was editor of the Harvard Law Review, and Yale University (B.A., cum laude, 1991). He is an adjunct lecturer in law at the University of Pennsylvania Law School. Prior to law school, he served as an infantry officer and scout/sniper platoon commander in the U.S. Marine Corps.

Brightflag, the AI-powered legal spend management and matter management platform, today announced new reporting features that provide corporate legal departments with a simple, standardized solution for evaluating the qualitative performance of outside counsel. When combined with existing reports on quantitative metrics like blended hourly rate, this additional context offers in-house legal teams a more nuanced perspective when assessing the value and deciding the future direction of a law firm relationship.

According to the Association of Corporate Counsel’s 2020 Legal Operations Maturity Benchmarking Report, 40% of corporate legal departments classify the maturity of their external resource management strategy as “early stage.” Fewer than 10% have integrated the associated metrics into a dashboard report made accessible to their general counsel.

For each matter managed on the Brightflag platform, designated matter leads can now rate the associated vendor(s) across five qualitative criteria: Communication, quality of advice, business alignment, budget adherence, and overall recommendation. Ratings are then instantly added to dashboard reports, where legal department leaders can compare vendors across one or more metrics as they weigh critical resourcing decisions.

Learn more about the design and impact of Brightflag’s newest reporting features.