Barnes & Thornburg has added Matthew S. Gibson as a partner in the Intellectual Property Department in its Dallas office. He is the seventh addition to the Intellectual Property Department this year, and his move follows on the heels of Jerry Harris’ addition to the group in Dallas in August.

Gibson is a patent attorney who serves clients in the life science industry pursuing technologies such as gene therapies, cell therapies, immunotherapies, next generation DNA sequencing, and traditional small molecule pharmaceuticals. Gibson’s practice spans the entire life cycle of a patent, from procurement to licensing to defending against validity challenges at the U.S. Patent and Trademark Office, including inter partes review proceedings.

Gibson also assists clients during the product development or acquisition process by assessing risk associated with competitor IP and analyzing strength of target IP assets. On the enforcement side, Gibson works with his clients to assess the merits of a potential lawsuit and to develop the litigation strategy.

In addition to his patent practice, Gibson also counsels higher education institutions and for-profit companies on their intellectual property policies and routinely provides counsel on trademark-related matters.

Gibson earned his J.D. from the University of Oklahoma College of Law, his Ph.D. from the University of Oklahoma, and his B.S. from Oklahoma Christian University.

In the midst of the COVID-19 pandemic and just a year after tempering expectations for deal-making, respondents to Dykema’s 16th Annual M&A Outlook Survey are the most optimistic they have been in the 16-year history of the survey.

Seventy-one percent of respondents expect the M&A market to strengthen over the next 12 months, up from 33 percent in 2019, and 87 percent believe M&A activity will increase in the same time frame. The rise in optimism reflects market conditions and a belief from respondents that the worst is behind them – with both financial and strategic buyers seeing opportunity in a hobbled economy. Further, 60 percent of respondents say their outlook for the U.S. economy is positive over the next 12 months

The survey polled senior executives and advisers across the nation, CEOs, CFOs, owners, managing directors and other professionals involved in M&A activity. When asked about the impact this year’s election could have on deal-making, nearly twice as many respondents felt Donald Trump’s reelection would be positive for M&A (61 percent) compared to a Joe Biden victory (34 percent). Sixty-four percent see Republican control of both houses of Congress as the most favorable outcome for M&A; half as many (32 percent) view Democratic control of both houses as positive.

Despite their optimism, deal-makers agreed about several looming issues. Nearly two-thirds (63 percent) of respondents ranked COVID-19 among the three greatest threats; Democrat wins in the presidency (48 percent) and Congress (46 percent) followed in second and third place among top concerns.

The survey yielded several additional significant findings, including:

• Respondents were divided on what would be the single greatest driver of U.S. M&A activity over the next 12 months, with U.S. economic conditions (22 percent), favorable interest rates (22 percent) and availability of capital (20 percent) all vying for the top spot.
• Strategic U.S. buyers saw a resurgence in this year’s survey, ranking atop our list of most influential buyers for the first time since 2017, likely a reflection of our unique economic conditions. Financial U.S. buyers followed closely behind and remain flush with deployable capital.
• Respondents embraced government programs to help businesses survive COVID-19 restrictions and their fallout. The Paycheck Protection Program (PPP) proved most popular; 73 percent of respondents say they accepted those loans. Just 8 percent of respondents who worked on deals involving PPP reported failing to close the deal due to the loan – a sign deal-makers were able to navigate potential hurdles involving the outstanding loans.
• Respondents predict the following sectors will see the most M&A activity in the next 12 months: 1) Automotive; 2) Health Care; 3) Technology; 4) Consumer Products; 5) Financial Services. Notably, education jumped to number six in this year’s survey, up nine spots from 2019. Energy dropped from third in 2019 to eighth.
• Europe ranked as the top destination for both inbound and outbound U.S. M&A activity. Central/South America and China ranked second and third for inbound activity, with those two options flipped for outbound.

Survey results are being released at Dykema’s exclusive annual M&A Outlook event on October 27. Get the full report.

NASHVILLE, Tenn. – Bradley Arant Boult Cummings LLP is pleased to announce that Todd Presnell, a partner in the firm’s Nashville office, has been selected by the Defense Research Institute (DRI) as the 2020 recipient of the Tom Segalla Excellence in Education Award, which honors a member of DRI whose contributions through legal scholarship exemplify the highest educational standards of DRI and further its mission of improving the skills of the defense lawyer.

DRI is the leading organization of defense attorneys and in-house counsel and provides access to resources and tools for attorneys who strive to provide high-quality, balanced and excellent service to their clients and corporations. Presnell was selected for the award, from more than 20,000 DRI members across the country, based on his years of leadership and service with the organization.

A member of the Litigation Practice Group, Presnell maintains an active trial practice, serves in discovery-counsel roles, and leads and advises on internal corporate investigations. Presnell has tried 27 cases to verdict and argued before the Tennessee Supreme Court, Tennessee Court of Appeals, and the Sixth, Seventh, and 10th U.S. Circuit Courts of Appeals. He also counsels and advises in-house legal departments on the attorney-client and other evidentiary privileges, and authors the popular legal blog Presnell on Privileges, which the ABA Journal named to its 2016 Top 100 Blawg list. He has been interviewed and quoted on privilege issues by The Wall Street Journal, Politico, Bloomberg news, and various legal news outlets.

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.

HOUSTON – Houston trial lawyers Ashish Mahendru and Darren A. Braun of Mahendru PC appeared in the latest issue of Best Lawyers Business Edition after the magazine featured the attorneys’ international arbitration article “Without Delay.”

The article explores the benefits of including arbitration clauses inside of international agreements. The two litigators cite several positive reasons to steer toward international arbitration, especially during the global COVID-19 pandemic, which has brought many of the world’s legal systems to a halt.

First, international arbitration has always relied on remote means, rather than requiring in-person appearances, to move disputes forward.

Second, the procedure offers flexibility to address problems that come up and typically moves faster.

Third, arbitrators are very comfortable with presenting an entire final hearing via videoconference or by other methods.

Finally, arbitrators are paid to advance cases to a close regardless of what is occurring in the outside world.

Mahendru and Braun have broad experience representing clients in complex business and commercial disputes in state and federal courts and in arbitration. Their firm uses strong civil litigation expertise to design savvy legal strategies to protect their clients’ business and individual interests.

This is the fifth year for the Best Lawyers Global Business Edition. It is the definitive guide to connecting leaders in the international legal community with influential businesses in the United States. The publication is published twice each year and highlights current events, business and legal trends on a global scale.

LOS ANGELES, Calif., October 22, 2020. Buchalter is pleased to announce the formation of a new industry group exclusively focused on the exponentially-growing and ever-evolving agribusiness industry. Over the past several decades, Buchalter’s agribusiness practice has expanded to the representation of some of the largest and most innovative players in the industry, now utilizing thirty lawyers across multiple practice groups.

The attorneys in the Agribusiness Industry Law Group have substantial experience representing every aspect of the industry, including agricultural lenders and investors, food growers, food processors, packers, marketers, and distributors, to wineries and cannabis and hemp producers, many of which operate on a global scale.

Clients are regularly advised in connection with:
• Secured Lending and Recovery Rights
• Agrifinance
• Marketing and Distribution Agreements
• Mergers, Acquisitions, Joint Ventures and Vertical Integration
• International Transactions and Protections
• Licensing Agreements and Intellectual Property
• Transportation
• Perishable Agricultural Commodities Act (PACA), Packers and Stockyards Act (PSA), and state agricultural liens
• Regulatory
• Labor and Employment Issues
• Estate Planning
• Water Rights and Land Use

Joseph Welch, Shareholder in the Orange County and Seattle offices, will Co-Chair the group along with Los Angeles Shareholder, Ariel Berrios. “With Buchalter representing numerous clients in this rapidly-expanding industry, the formation of the Agribusiness Industry Law Group was a natural outcome as we continue to see significant increased demand from our clients for these services,” said Welch. “As Chair of the Agribusiness Committee for the state-wide California Lawyers Association, I’ve noticed tremendous need in this space with very few large firms committed to providing the comprehensive and multifaceted solutions that clients need. The timing for Buchalter couldn’t be better,” Welch continued.
Attorneys in the agribusiness practice are often called upon to serve as outside general counsel to some of the largest marketers, distributors, and producers of fruits and vegetables sold in the nation’s largest food retailers, such as Costco, Walmart, Kroger, Loblaws, and Albertsons. Attorneys are also widely respected by clients, peers and market observers, and are recipients of multiple awards and honors for their practices, including from Chambers and Partners. Many have presented at industry related conferences, and authored numerous client alerts.

Cohen Seglias Pallas Greenhall & Furman PC is pleased to announce that Edward D. Altabet has joined the firm and serves as the New York office managing partner. Altabet focuses his practice on commercial litigation and investigations. He previously served as founder and managing member of Altabet Law LLC.

Altabet will be a member of the firm’s Commercial Litigation, International Investigations, and White Collar Defense & Government Investigations Groups. He litigates matters before state, federal, and appellate courts, focusing his practice on contracts, business torts, lenders’ and creditors’ rights, secured transactions, securities, partnership disputes, and executive employment issues. Altabet also represents companies and senior executives, as well as religious and not-for-profit corporations, in connection with internal and regulatory driven investigations relating to allegations of financial misconduct, undisclosed self-dealing, accounting fraud, improper allocation of restricted funds, and FCA violations. With this experience, Altabet routinely serves as outside general counsel for numerous clients.

Altabet’s arrival follows that of partners Shanlon Wu and Julie Grohovsky in Washington, DC, and the launch of the White Collar Defense & Government Investigations Group in July, 2020.

Altabet earned his J.D. and LL.M. from Cornell Law School, his M.A. from Columbia University, and his B.A. from Binghamton University.

Bradley Arant Boult Cummings LLP is pleased to announce that Avery Simmons, a partner in the firm’s Charlotte office, has been named a 2020 Leader in the Law by North Carolina Lawyers Weekly.

Nominated by their peers, the Leaders in the Law are North Carolina attorneys who have gone above and beyond in their profession and the community. They are regarded as among the most influential individuals within the state’s legal community. The award winners were selected by a panel of judges and will be honored in a virtual awards ceremony on Nov. 30.

Simmons, who is a member of the firm’s Board of Directors, represents financial services and mortgage company clients with compliance matters, including risk management and remediation, state investigations, regulatory compliance, and operational implementation of legal guidelines. She also works to manage the implementation of regulatory changes with her client’s internal business units and legal/compliance teams, including development of new business functions, quality control processes, and ongoing testing and reporting components and regimes. One of the primary focuses of her practice is the litigation of large commercial construction disputes. Simmons has extensive experience representing owners, developers, engineers, and general contractors in state and federal courts and in private arbitrations. Her experience encompasses the construction of multifamily housing, campus housing, alternative energy projects, schools, highways, and major infrastructure projects.

Simmons received her J.D. from The Catholic University Columbus School of Law and her Bachelor of Arts from the University of North Carolina at Chapel Hill.

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.

13 from firm earn Texas Super Lawyers recognition

DALLAS – Noted trial lawyer and managing partner of Carrington, Coleman, Sloman & Blumenthal, LLP, Monica Latin has been recognized as one of the Top 100 attorneys in the state in the 2020 edition of Texas Super Lawyers.

Latin, who also earned a place among the Top 50 female attorneys in the state and the Top 100 attorneys in Dallas-Fort Worth, joins a total of 13 firm attorneys who were honored across nine practice areas in the latest edition of the respected legal guide.

Carrington Coleman attorneys included in the 2020 Texas Super Lawyers legal guide are:

• Cathy Altman, Construction litigation
• Mike Birrer, Employment & labor
• Lyndon Bittle, Insurance coverage
• Neil Burger, Business litigation
• Ken Carroll, Appellate
• Bruce Collins, Business litigation
• David Drumm, Real estate
• Carmen Eiker, Family law
• Kelli Hinson, Business litigation
• Jason Katz, Business litigation
• Monica Latin, Business litigation
• Christie Newkirk, Employment & labor (employer)
• J. Michael Sutherland, Business bankruptcy

Texas Super Lawyers is published by Thomson Reuters and appears in Texas Monthly and Super Lawyers magazines. Selection is limited to no more than 5 percent of Texas attorneys and is based on a statewide survey of lawyers and extensive editorial review.

Earlier this year, five firm attorneys – Parker Graham, Alex More, Debrán O’Neil, Andrea Perez and Brent Rubin – were included in the 2020 edition of Texas Rising Stars. A companion guide to Super Lawyers, it recognizes attorneys age 40 or younger or who have been in practice for fewer than 10 years.

Akerman LLP, a top 100 U.S. law firm serving clients across the Americas, today announced the expansion of the Healthcare Practice Group with Ricky Benjamin. He joins Akerman in Atlanta as a partner, bringing experience in an array of healthcare regulatory, transactional and risk management issues, including leading internal investigations stemming from government inquiries.

Benjamin has three decades of healthcare experience in healthcare regulatory, transactional and risk management issues, serving as trusted counsel to long term care facilities, health systems, hospitals, academic medical centers (specifically on the complexities of the competing laws within the academic environment of Title IX, FERPA, HIPAA and Title VII), physician practice groups, laboratories, ambulatory surgical centers, nurses, medical device manufacturers, and compounding pharmacies. As a former in-house general counsel and compliance officer, Benjamin serves as trusted counsel to his clients. He provides a combination of knowledge of the healthcare industry and its complex web of federal and state laws, including the federal Antikickback Statute, Physician Self-Referral Laws (Stark), Health Insurance Portability & Accountability Act (HIPAA), Data Privacy & Cybersecurity, including responding to investigations by the Federal Trade Commission (FTC) amid allegations against his clients of Unfair Trade Practices.

Benjamin defends Fraud lawsuits and counsels on a wide variety of healthcare issues. He represents clients by responding to Civil Investigative Demands, (CIDs), and leading internal investigations under the FCA, and by the FTC, FDA, CMS, OIG and DOJ, as well as internal audits to prevent, detect, and mitigate enterprise and regulatory risks. He has experience in medical malpractice defense (national opioid litigation supervisory team leader) and qui tam litigation, government investigations (leading Health System through drug diversion investigations by the OIG), and regulatory compliance counseling, including drafting Compliance Plans and implementing Compliance Programs.

Houston, Texas – (October 20, 2020) – National law firm, Chamberlain Hrdlicka, continues to broaden its services with the recent launch of the Privacy and Data Security Practice.

The personal information companies accumulate has become a highly valuable – and increasingly risk-laden – business asset. As more countries introduce new data protection laws to regulate the collection, use, disclosure and security of personal information, many companies find it more and more challenging to navigate the myriad complex regulations in order to comply with their data privacy and security obligations. The rise in technology innovation combined with the rapid increase in cybersecurity threats poses concerns that Chamberlain Hrdlicka’s new practice can address properly with their expert team of attorneys.

Aly Dossa, shareholder at Chamberlain Hrdlicka, has been appointed to lead the new practice, which will counsel clients on a wide range of privacy and protection issues, including: information handling; cross-border data transfers; data breaches and theft; global compliance obligations; workplace privacy; training programs; compliance audits; data privacy policies and programs; mobile and online privacy; cloud computing security; commercial transactions support, including M&A due diligence; and management of HIPAA and health care privacy issues.

Larry Campagna, Managing Shareholder of the firm, expressed how important this practice has become for clients: “When I was a young lawyer, we fought a fifteen year war in the federal courts to force the IRS to pay the largest settlement ever for the mishandling of confidential taxpayer data. Now, many private companies have realized that they face similar risks. Aly and his team will help our clients follow best practices in how they handle data, how they protect sensitive information, and how they can comply with the evolving rules in various jurisdictions.”

In the event of data breaches or alleged improper use of data, the new practice will provide swift, effective incident response and represent clients from initial event through government investigations and litigation, if necessary. The group will offer a wide range of privacy and protection issues, including:

• information handling;
• cross-border data transfers;
• data breaches and theft;
• global compliance obligations;
• workplace privacy;
• training programs;
• compliance audits;
• data privacy policies and programs;
• mobile and online privacy;
• cloud computing security;
• commercial transactions support, including M&A due diligence;
• management of HIPAA and health care privacy issues.

Turner Padget is pleased to announce the addition of Abigail “Abby” Bray as an associate in its Insurance Coverage & Bad Faith practice in Columbia. Bray represents insurers, including policyholders and carriers, with guidance on claims management, conducting examinations under oath, prosecuting and defending judgment actions, defending bad faith suits, and representing carriers in both administrative and executive matters. She has previous career experience as an insurance coverage investigator.

Bray previously clerked for the South Carolina House of Representatives Labor, Commerce and Industry Committee. While in law school, she served as an editorial staff member and later a research editor for the ABA Real Property, Trust and Estate Journal. Bray was also a member of Women in Law and the Student Bar Association. She received the Center for Computer-Assisted Legal Instruction (CALI) Award for Topics in Insurance.

Bray earned her undergraduate degree from Valparaiso University and her law degree from the University of South Carolina School of Law.

Managing shareholder Chad Baruch named to Top 100 lists in DFW and Texas 

DALLAS – All of the attorneys at Dallas law firm Johnston Tobey Baruch have been named to the list of Texas Super Lawyers for 2020, including Randy Johnston, Robert Tobey, Chad Baruch and Coyt Johnston. 

In addition, Baruch, who serves as the firm’s managing shareholder, was named to Top 100 lists in Texas and the Dallas-Fort Worth area for his appellate work. 

Johnston is known as one of the state’s foremost authorities on issues of legal ethics and handles cases involving professional malpractice. Tobey is a trial lawyer who currently serves as president of the Dallas Bar Association. Baruch is certified in Civil Appellate Law by the Texas Board of Legal Specialization and has served on the State Bar of Texas Board of Directors. A repeat Super Lawyers honoree, trial lawyer Coyt Johnston was recognized by Thomson Reuters in 2018 as being among the top 100 up-and-coming lawyers in Texas. 

Texas Super Lawyers, which is owned by Thomson Reuters, uses a patented process to name attorneys to the list, beginning with peer nominations and independent research. A blue-ribbon panel performs a review and then creates a final list made up of no more than 5 percent of a state’s lawyers. The complete list of Texas Super Lawyers is published in the November issues of Super Lawyers magazine and Texas Monthly. 

This is just the latest honor for the attorneys at Johnson Tobey Baruch, who most recently were named to the list of Best Lawyers in America for 2021.  

Arent Fox is pleased to announce the expansion of its Fashion & Retail practice with the addition of Partner James Williams in Los Angeles. Williams is a nationally-recognized advisor in the Textile, Apparel, and Luxury Goods industry with two decades of experience as a corporate lawyer, strategic advisor, and global fashion CEO. He focuses on M&A, corporate finance, formation, and governance for consumer brands and private equity.

Williams joins the firm from TRAUB, one of the world’s pre-eminent fashion/retail-focused management consulting firms where he served as Managing Director and was responsible for leading the US West Coast consulting practice. Williams has extensive experience managing financial and strategic crises for brands ranging from startups to global household names and he routinely acts as personal strategic counsel to CEOs, fund managers, and LPs.

Arent Fox’s Fashion & Retail attorneys act as outside general counsel and regulatory and retail counsel for a number of well-known designer brands, including Diane von Furstenberg, Jimmy Choo, Christian Louboutin, Lacoste, Hugo Boss, Diesel, Fila, Marni, YSL, Balenciaga, Benetton, Escada, and Victoria’s Secret. The group announced earlier this year that it was guiding Valentino and Amazon through joint litigation and has been pioneering retail law during the pandemic for many of the US’s top brands.

Williams’ Experience
• Most recently, Williams was the Managing Director at TRAUB where he led the US West Coast consulting practice of one of the country’s pre-eminent consumer brand
• Before joining TRAUB, Williams led bohemian fashion brand, Planet Blue, growing the company from a local retailer to a global brand sold in over 100 countries, with more than 1 million subscribers, and ultimately selling the company to a private equity group in 2017.
• At Planet Blue, Williams was both the Chairman and Chief Executive Officer, in addition to serving as CEO of Planet Blue’s Tokyo-based joint venture with Sanei International, one of Japan’s largest vertical apparel enterprises.
• Williams came to Planet Blue from Loeb & Loeb, where he served a corporate law partner and chair of the firm’s fashion practice group.

Education: Williams received his JD from the Southwestern University School of Law and his BA from the University of California.