Venable LLP obtained summary judgment of noninfringement on behalf of Simon Property Group (Texas), L.P., a global leader in the ownership of premier shopping, dining, entertainment, and mixed-use destinations, against patent infringement claims brought by AlexSam, Inc. AlexSam had asserted patent no. 6,000,608, relating to gift card activation technology.

After extensive briefing and hearing that lasted several hours, Magistrate Judge Roy S. Payne of the U.S. District Court for the Eastern District of Texas recommended dismissal with prejudice of Alexsam’s infringement claims against Simon Property Group, saying that changes made to various point-of-sale systems that allegedly infringed the patents “fall outside of the scope of the asserted” patent claims. On March 16, 2022, after a second hours-long hearing, District Judge Robert W. Schroeder, III adopted Judge Payne’s report and recommendation in its entirety, granting Venable’s motion of summary judgment of non-infringement.

The Venable team was led by partners Timothy Carroll and Elizabeth M. Manno.

Venable LLP is an American Lawyer Global 100 law firm headquartered in Washington, DC that serves as primary counsel to a worldwide clientele of large and mid-sized organizations, nonprofits, high-net-worth entrepreneurs, and other individuals. With more than 850 professionals across the country, including in California, Delaware, Illinois, Maryland, New York, Virginia, and Washington, DC, the firm strategically advances its clients’ objectives in the United States and around the globe. Venable advises clients on a broad range of business and regulatory law, legislative affairs, complex litigation, and the full range of intellectual property disciplines. For more information, please visit Venable.com.

Kerry Potter McCormick has joined Barnes & Thornburg as a partner in the firm’s Investment Funds and Asset Management practice in New York. Barnes & Thornburg’s growing New York office has added 25 attorneys and staff in New York since opening in February 2020.

Kerry joins the firm from Apollo Global Management, Inc., where she was the Private Funds and Products Counsel.

Kerry’s practice focuses on representing fund sponsors and alternative asset managers in connection with the launch and ongoing operations of various investment products and structures, including private funds, managed accounts, funds-of-one and co-investment products. She advises managers of private equity funds, hedge funds, credit funds, real estate funds, and funds-of-funds on the full spectrum of issues that can arise during a product’s life cycle, from negotiating with seed and other early investors in start-up managers to fund restructurings and wind-downs. Kerry also represents institutional investors with respect to their investments in these products. She has worked with clients ranging in size from startups and other rapid-growth managers to some of the largest alternative asset managers in the world.

“Kerry has deep experience and a strong network of relationships in New York’s investment community, which will be crucial as we look to deepen connections and continue growing our client base in the area,” said Robert Boller, partner in charge of Barnes & Thornburg’s New York office. “Kerry has also carved out a name for herself in a male-dominated space, and is a prime example of the strong female talent we have attracted to the New York office.”

Prior to Apollo, Kerry spent nearly a decade in the Investment Funds practice of a top international law firm. While there, her practice focused mainly on representing managers and sponsors of hedge funds, private equity funds, and credit funds.

“We are thrilled to welcome Kerry to our expanding Investment Funds and Asset Management team. Her experience managing the launch of various investment products, both in-house and as external counsel to sponsors, will be invaluable to our clients in New York and across the country,” said David Gotlieb, Chair of the firm’s Corporate Department.

Kerry earned her J.D. from The University of Texas School of Law and her B.A. in economics and political science from Temple University.

March 21, 2022 (CHARLESTON, S.C.) – Womble Bond Dickinson announced today that M. Rhett DeHart has joined the firm on the White Collar and Government Investigations Team. Rhett joins Womble from the United States Attorney’s Office for the District of South Carolina, where he most recently served as Acting U.S. Attorney, capping a 20-year career as a Federal Prosecutor.

As Acting U.S. Attorney, Rhett was the Chief Federal Law Enforcement Officer in a state with 5.2 million people, where he led a team of 165 professionals across offices in Charleston, Columbia, Greenville, and Florence. He successfully oversaw numerous high-profile criminal and civil cases, including an $11 billion securities fraud case involving the state’s largest utility company, a $140 million False Claims Act suit involving health care providers, and a $30 million investment fraud involving a coastal real estate development. He also led a state task force to prosecute fraud related to COVID-19 relief programs, including the Paycheck Protection Program.

Rhett’s arrival further strengthens Womble’s White Collar and Government Investigations practice, following the recent additions of former U.S. Attorney and Department of Homeland Security General Counsel Joe D. Whitley in Atlanta and former Small Business Administration General Counsel Britt Whitesell Biles in Washington, D.C.

“Rhett is an extraordinary lawyer with the highest integrity and an exemplary skill set,” said Joe D. Whitley, Leader of the firm’s White Collar and Government Investigations Team. “His career in public service is commendable, and his dedication and commitment to doing what is right to the best of his ability is applauded and speaks volumes to what he will bring to the firm and our clients.”

Rhett adds: “I have admired Womble for many years. It is a top-shelf law firm, and I am honored to join this talented team. Womble has grown from being one of the South’s most respected law firms to a transatlantic law firm, and I look forward to contributing to the growth of its White Collar and Government Investigations practice.”

Rhett is an experienced and respected litigator, having handled hundreds of federal cases. He has tried more than 25 cases to verdict, authored more than 35 appellate briefs, and argued eight cases before the Fourth Circuit Court of Appeals. Throughout his career, Rhett has specialized in white-collar cases, including bank fraud, healthcare fraud, the False Claims Act, customs and import fraud, securities fraud, public corruption, and environmental crimes. Rhett worked closely with every major federal and state law enforcement agency and served under ten Attorney Generals. He was appointed First Assistant United States Attorney under Attorney General William Barr, and he served as Acting United States Attorney under Attorney General Merrick Garland.

At Womble, Rhett will represent corporate and individual clients in white-collar, internal investigations, and healthcare litigation matters. He will be based in Charleston, S.C., but will spend a significant amount of time in the firm’s Columbia, S.C., and Greenville, S.C., offices.

March 21, 2022 (CHARLESTON, S.C.) – Womble Bond Dickinson announced today that M. Rhett DeHart has joined the firm on the White Collar and Government Investigations Team. Rhett joins Womble from the United States Attorney’s Office for the District of South Carolina, where he most recently served as Acting U.S. Attorney, capping a 20-year career as a Federal Prosecutor.

As Acting U.S. Attorney, Rhett was the Chief Federal Law Enforcement Officer in a state with 5.2 million people, where he led a team of 165 professionals across offices in Charleston, Columbia, Greenville, and Florence. He successfully oversaw numerous high-profile criminal and civil cases, including an $11 billion securities fraud case involving the state’s largest utility company, a $140 million False Claims Act suit involving health care providers, and a $30 million investment fraud involving a coastal real estate development. He also led a state task force to prosecute fraud related to COVID-19 relief programs, including the Paycheck Protection Program.

Rhett’s arrival further strengthens Womble’s White Collar and Government Investigations practice, following the recent additions of former U.S. Attorney and Department of Homeland Security General Counsel Joe D. Whitley in Atlanta and former Small Business Administration General Counsel Britt Whitesell Biles in Washington, D.C.

“Rhett is an extraordinary lawyer with the highest integrity and an exemplary skill set,” said Joe D. Whitley, Leader of the firm’s White Collar and Government Investigations Team. “His career in public service is commendable, and his dedication and commitment to doing what is right to the best of his ability is applauded and speaks volumes to what he will bring to the firm and our clients.”

Rhett adds: “I have admired Womble for many years. It is a top-shelf law firm, and I am honored to join this talented team. Womble has grown from being one of the South’s most respected law firms to a transatlantic law firm, and I look forward to contributing to the growth of its White Collar and Government Investigations practice.”

Rhett is an experienced and respected litigator, having handled hundreds of federal cases. He has tried more than 25 cases to verdict, authored more than 35 appellate briefs, and argued eight cases before the Fourth Circuit Court of Appeals. Throughout his career, Rhett has specialized in white-collar cases, including bank fraud, healthcare fraud, the False Claims Act, customs and import fraud, securities fraud, public corruption, and environmental crimes. Rhett worked closely with every major federal and state law enforcement agency and served under ten Attorney Generals. He was appointed First Assistant United States Attorney under Attorney General William Barr, and he served as Acting United States Attorney under Attorney General Merrick Garland.

At Womble, Rhett will represent corporate and individual clients in white-collar, internal investigations, and healthcare litigation matters. He will be based in Charleston, S.C., but will spend a significant amount of time in the firm’s Columbia, S.C., and Greenville, S.C., offices.

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About Womble Bond Dickinson
Womble Bond Dickinson is a transatlantic law firm with more than 1,100 lawyers based in 26 U.K. and U.S. office locations serving clients across every business sector. The firm provides core legal services including Commercial; Corporate; Employment and Pensions; Dispute Resolution and Litigation; Finance: Banking, Restructuring, Insolvency; I.P., Technology and Data; Private Wealth; Projects, Construction and Infrastructure; Real Estate; and Regulatory Law.

“Womble Bond Dickinson,” the “law firm” or the “firm” refers to the network of member firms of Womble Bond Dickinson (International) Limited, consisting of Womble Bond Dickinson (U.K.) LLP and Womble Bond Dickinson (U.S.) LLP. Each of Womble Bond Dickinson (U.K.) LLP and Womble Bond Dickinson (U.S.) LLP is a separate legal entity operating as an independent law firm. Womble Bond Dickinson (International) Limited does not practice law. Please see www.womblebonddickinson.com/us/legal-notice for further details.

Apperio today announced new enhancements to its legal spend management software. These include options for individual legal department contributors – including allied professionals and finance staff – to personalize and customize their view of company legal spend data. This allows customers to tailor their experience with the software to better support their unique role on the in-house legal team.

“Our new features are the result of behind-the-scenes work with many legal departments over time and across industries,” says Apperio Founder and CEO Nicholas d’Adhemar. “That collaboration enables us to listen to our customers and to spot both best practices and unmet needs – and bake what we’ve learned into the software to ultimately provide more value to customers.”

Personalization is provided through new dashboard templates designed for legal operations and finance teams. Each template offers an easier way for customers to get a view of the data that meets their specific needs.
This curation is imperative because legal spend management systems contain vast amounts of data with many different uses – and can feel overwhelming at first.

The templates were designed based on best practices Apperio observed in collaborating with customers and industry-leading legal departments. They also add to the options among existing personalized dashboard views first unveiled in late 2021. Those included a “bird’s eye” view of legal spend for GCs and CLOs and a “matter view” for staff lawyers managing legal projects.

Customization is made possible through 17 new “widgets” – data points and charts customers can choose from, to see legal spend data from a different vantage point. Customers can use these widgets to build their dashboard view from scratch, or customize an existing template to their liking. Each widget can be further tailored by configuring how they display data.

A few representative examples of the new widgets include:

● Matters over budget. This dashboard element shows the top matters that are over budget. It can be configured to show the top matters across all law firms – or just a few specific law firms. The purpose is to help the legal department optimize the allocation of work, bring spending under control and manage cost forecasts.

● Aged unbilled. This shows the total work in progress (WIP) across a business, broken down over selected time periods. It can also be filtered to show only the WIP for all firms or just specific law firms. The purpose is to allow customers to identify the unbilled time that’s yet to be invoiced and keep track of accruals related to specific forecasting periods, allowing companies to manage billing cycles more predictably with law firms.

● Dormant matters. This widget allows legal departments to see matters that have had no activity for six months or more, yet which remain open and potentially forgotten. The purpose is to help the legal department close dormant matters and predict potential invoices for any remaining unbilled WIP.

Apperio previously rolled out client-centric dashboards which lets outside counsel obtain the same view of legal spending their clients have. There are more than 200 global law firms connected to the Apperio platform currently – and many have come to view it as a competitive advantage.

Attaching key documents to matters

Apperio is also announcing a new feature called Matter Files. This feature makes it possible to attach key documents – such as an engagement letter or record of instruction – to a matter tracked in the system. This provides an easy way for customers to reference documents governing the scope of a matter when following progress or monitoring spend.

The idea for Matter Files grew out of a simple but important customer need. Legal operations required the ability to cross-reference letters of engagement throughout the life cycle of each matter, but these sat with various instructors across the business. As a result, legal operations were unable to track down the original instruction letters consistently, which was impossible from digging through emails. Matter Files is the answer to that business problem.

“Collectively, these new features underscore how Apperio gives in-house teams the data, guidance and insights to bring efficiencies to their legal department. They offer legal, finance and legal operations professionals a best practice starting point to set goals and focus on spend management. Our new customization options allow users to further shape, label and adapt the software to support the way they run their legal departments,” added d’Adhemar. “Everything we do as a legal technology solution provider is focused on enabling legal departments to use data and technology to drive better legal outcomes.”

Venable LLP is pleased to announce that W. Bryan Rakes will join Lisa A. Tavares as a co-chair of the firm’s Business Division. As a co-chair, Mr. Rakes will be a member of the firm’s Management Committee.

Stuart P. Ingis, chairman of Venable, said, “Bryan is an accomplished attorney who is well respected by both clients and colleagues. His leadership within the firm is an excellent representation of Venable’s values. I look forward to the achievements he and Lisa will accomplish together as co-chairs of our Business Division.”

Mr. Rakes, who is based in the firm’s Baltimore office, also serves as a co-chair of Venable’s national Mergers and Acquisitions Practice. He is a pragmatic and experienced business attorney who brings a collaborative approach to corporate matters. He assists clients with complex mergers and acquisitions, private equity investments, licensing transactions, joint ventures, and financing transactions. Mr. Rakes represents the business interests of private equity groups, family offices, operating businesses, and senior and subordinated lenders. He often acts as outside general counsel to businesses throughout the United States.

Mr. Rakes has held a faculty appointment in the entrepreneurship and management program at Johns Hopkins University since 2012. He is an active member and former board member of the Maryland Chapter of the Association for Corporate Growth and is currently the president of the board of directors of Everyman Theatre. Mr. Rakes is also a former board member and current advisory committee member for Civic Works, a Baltimore-area nonprofit and an AmeriCorps organization that strengthens Baltimore’s communities through education, skills development, and community service.

Venable’s Business Division encompasses a broad range of fully integrated practices addressing every facet of business law, including bankruptcy and creditors’ rights, real estate, corporate, labor and employment, employee benefits, wealth planning, and tax law. This division is trusted by Fortune 100 companies, international and regional entrepreneurs, family businesses, venture capitalists, nonprofits, individuals, and families to provide sophisticated advice on a variety of business matters. Its practices are consistently ranked among the best in the nation by Chambers USA, Legal 500, U.S. News Best Lawyers, and Forbes, which recently recognized Venable as one of “America’s Top Corporate Law Firms.”

Venable LLP is an American Lawyer Global 100 law firm headquartered in Washington, DC that serves as primary counsel to a worldwide clientele of large and mid-sized organizations, nonprofits, high-net-worth entrepreneurs, and other individuals. With more than 850 professionals in California, Delaware, Illinois, Maryland, New York, Virginia, and Washington, DC, the firm strategically advances its clients’ objectives in the United States and around the globe. Venable advises clients on a broad range of business and regulatory law, legislative affairs, complex litigation, and the full range of intellectual property disciplines. For more information, please visit https://www.venable.com/.

Milwaukee – March 17, 2022 – Dykema, a leading national law firm, today announced the addition of Amy L. Vandamme to its Business Litigation Practice Group as Senior Counsel in the firm’s recently opened Milwaukee office. Vandamme joins Dykema with more than two decades of experience and after most recently serving as Vice President and Associate General Counsel for Fiserv, Inc., a Fortune 300 financial services technology company.

In her practice, Vandamme counsels clients in a variety of industries, including financial services, fintech, consumer products and manufacturing. She advises businesses on risk identification and mitigation, dispute resolution, litigation strategy, and complex incident response and investigation.

In her role as Vice President and Associate General Counsel for Fiserv, Vandamme led a 20-member team and oversaw several disciplines, including global litigation, intellectual property, incident response and investigation, technology, risk, and claims. She counseled C-Suite executives and business leaders on risk avoidance, disputes, litigation, and federal and state regulatory inquiries on legal issues ranging from breach of contract, privacy, cybersecurity, employment, real estate, antitrust, TCPA, EFTA, FCRA and shareholder rights.

“Amy’s reputation in the Milwaukee legal community is well-known and respected,” said Kate Bechen, Managing Member of Dykema’s Milwaukee office. “We are excited and fortunate to add a business advisor and litigator with her depth of experience. Amy’s background in financial services, technology and privacy will be an asset to the firm and its clients.”

Vandamme earned a J.D. from the University of Wisconsin Law School and a B.A. in History from the University of Wisconsin-Madison.

In addition to Vandamme, Paralegal Jill Knutson also joined the firm’s Milwaukee office. Knutson’s areas of focus include Corporate and Finance. She joins Dykema from Husch Blackwell, where she led the management of complex mergers, acquisitions and corporate transactions.

Knutson earned a Paralegal Certificate from the Denver Paralegal Institute and a B.A. in German with a minor in Business Administration from the University of Wisconsin-Platteville.

WILMINGTON, Del. – Womble Bond Dickinson announced that Rhonda Payne Harmon has joined the firm’s Business Litigation practice as Of Counsel in the Wilmington, Del., office.

Harmon joins Womble after sixteen years as in-house counsel for one of the country’s largest commercial banks, where she most recently served as Senior Counsel and Vice President of the Consumer Defensive Litigation division handling high-risk and class action cases. Earlier in her career, she was a bankruptcy associate in private practice representing large banks and other financial institutions.

“Rhonda is key to the continued expansion of our financial services litigation practice,” said Business Litigation Practice Group Leader Chris Jones. “Her intimate knowledge of what is most important to our banking clients and first-hand experience resolving disputes for one of the world’s largest and most important financial institutions will bring unique value to our clients and colleagues.”

At Womble, Harmon joins a team of more than 200 financial services sector lawyers located across the United States and the United Kingdom, representing nearly half of the top 100 U.S. banks, including 17 of the top 25.

Harmon has more than 20 years of combined experience as in-house counsel specializing in default servicing and consumer defensive litigation relating to lending practices, automobile and personal loans, lines of credit and home mortgages, as well as experience representing banks and companies in bankruptcy. She has managed both single-plaintiff and class/mass actions across a broad range of financial services issues, including mortgage loan servicing and origination claims, TCPA, FCRA, FDCPA, SCRA, TILA, loan modification, retail and installment sales claims, MERS standing issues, lien disputes, and bankruptcy disputes and adversary proceedings.

Harmon received her undergraduate degree in Psychology from Carnegie Mellon University, and she received her J.D. from the University of Pittsburgh School of Law.

WILMINGTON, Del. – Womble Bond Dickinson announced that Rhonda Payne Harmon has joined the firm’s Business Litigation practice as Of Counsel in the Wilmington, Del., office.

Harmon joins Womble after sixteen years as in-house counsel for one of the country’s largest commercial banks, where she most recently served as Senior Counsel and Vice President of the Consumer Defensive Litigation division handling high-risk and class action cases. Earlier in her career, she was a bankruptcy associate in private practice representing large banks and other financial institutions.

“Rhonda is key to the continued expansion of our financial services litigation practice,” said Business Litigation Practice Group Leader Chris Jones. “Her intimate knowledge of what is most important to our banking clients and first-hand experience resolving disputes for one of the world’s largest and most important financial institutions will bring unique value to our clients and colleagues.”

At Womble, Harmon joins a team of more than 200 financial services sector lawyers located across the United States and the United Kingdom, representing nearly half of the top 100 U.S. banks, including 17 of the top 25.

Harmon has more than 20 years of combined experience as in-house counsel specializing in default servicing and consumer defensive litigation relating to lending practices, automobile and personal loans, lines of credit and home mortgages, as well as experience representing banks and companies in bankruptcy. She has managed both single-plaintiff and class/mass actions across a broad range of financial services issues, including mortgage loan servicing and origination claims, TCPA, FCRA, FDCPA, SCRA, TILA, loan modification, retail and installment sales claims, MERS standing issues, lien disputes, and bankruptcy disputes and adversary proceedings.

Harmon received her undergraduate degree in Psychology from Carnegie Mellon University, and she received her J.D. from the University of Pittsburgh School of Law.

Foley & Lardner LLP announced today that the firm has continued to grow its Salt Lake City office with the addition of Melanie Clark as a partner in its Real Estate Practice. This new hire continues to cement Foley’s presence in Salt Lake City, which follows directly on the heels of the addition of the Business Litigation & Dispute Resolution Team in February.

Clark brings 15 years of vast real estate experience to the firm, which includes acquisition and disposition of land, development structuring, and leasing and sale to end-users. She counsels developers of mixed-use, resort, and residential projects, including condominiums and vacation products. Additionally, Clark regularly assists clients in negotiating, documenting, and closing on portfolio purchases, including performing related due diligence review of properties.

Clark also has extensive experience advising clients on real estate transactions involving renewable energy assets. She has represented multiple investors in their acquisition of solar project portfolios, including performing due diligence on properties in up to 14 jurisdictions.

“Melanie’s portfolio of experience enables us to begin building a strong real estate presence in a region ripe with opportunity,” said David Cook, chair of the firm’s Real Estate Practice. “Her keen attention to detail and thoughtful approach to dealmaking positions Foley as an invaluable resource to clients and prospects seeking innovative real estate solutions.”

“We are excited to welcome Melanie to our burgeoning Salt Lake office and tap into her deep regional knowledge that will help further expand our full-service client offering,” said David Wright, managing partner of the firm’s Salt Lake City office. “As a well-regarded counselor by the legal community and clients alike, Melanie will strengthen our ability to support a core corporate practice area in this market.”

Clark has proudly supported pro bono work, having represented foster parents in adoption proceedings, assisted wrongfully evicted tenants in subsidized housing projects, and obtained a presidential commutation for a prisoner serving an egregious sentence for a non-violent drug conviction.

“I’m energized by the opportunity Foley affords its attorneys and its ability to service real estate clients in a rapidly growing area,” said Clark. “The caliber of the team in the Salt Lake office is replete with specialized knowledge, and I am thrilled to harness this energy to support our clients at such pivotal junctures with their businesses.”

About Foley & Lardner LLP
Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With approximately 1,100 lawyers in 25 offices worldwide, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.

LOS ANGELES (March 16, 2022) –Barnes & Thornburg has added Alice Kyureghian as a partner in the firm’s Los Angeles office, where she will practice with the Insurance Recovery and Counseling group.

Kyureghian represents corporate policyholders in disputes against their insurance companies. Her practice is centered on defending clients in coverage matters such as commercial general liability, directors and officers (D&O) liability, and errors and omissions (E&O) liability, employment practices liability insurance (EPLI), business interruption and first party property insurance. She has experience in federal and state courts representing clients in a variety of coverage matters relating to government investigations, breach of fiduciary duties, wrongful termination, employee theft, cybercrime, professional athlete disability claims, and mortgage fraud, among others.

Kyureghian is the latest insurance recovery partner to join the firm following the addition of Lilt Asadourian last month. The nationally recognized Insurance Recovery and Counseling group has secured billions of dollars of insurance recovery for policyholders, ranging from Fortune 100 companies to small, privately held businesses.

“We are continuing to see an increase in aggressive coverage denials by insurance companies eager to profit from restrictive claim-handling practices,” said David Wood, Insurance Recovery practice co-chair. “As this and other insurance recovery issues continue to be top of mind for policyholders, we know Alice will continue to offer clients deep experience and savvy advice about how to maximize their insurance coverage. She is a terrific addition to our practice group and to our firm.”

Kyureghian’s trial experience has led to representing several Fortune 500 companies in matters including False Claims Act violations, wrongful termination, property damage, mortgage fraud claims, and subprime mortgage claims. Alice also provides proactive counseling for clients by conducting policy review audits and providing tactical insight on how to minimize exposure.

“Alice is an excellent litigator who brings a case-by-case approach when working with the varying disputes that insurance recovery brings,” said David C. Allen, Los Angeles managing partner. “Our Los Angeles team has continued to grow this year, and Alice is a welcomed addition. We are thrilled to welcome her.”

Kyureghian earned her J.D. from the University of California, Davis School of Law, and her B.A. from the University of California.

With more than 700 attorneys and other legal professionals, Barnes & Thornburg is one of the largest law firms in the country. The firm serves clients worldwide from offices in Atlanta, Boston, California, Chicago, Delaware, Indiana, Michigan, Minneapolis, New York, Ohio, Raleigh, Salt Lake City, Texas and Washington, D.C. For more information, visit us online at www.btlaw.com or on Twitter @BTLawNews.

Anthony F. Fata, Prominent Plaintiff’s Litigator in Commodities and Securities Litigation, Opens Kirby McInerney’s New Chicago Office

A veteran commodities lawyer at the very top of plaintiffs’ side litigation in Chicago

Chicago, IL / New York, NY (March 15, 2022) – Kirby McInerney LLP has added Anthony F. Fata, a leading plaintiffs’ litigator in commodities, securities, and whistleblower matters, as a partner in the firm’s new Chicago office.

Mr. Fata joins Kirby McInerney from Cafferty Clobes Meriwether & Sprengel LLP, where he led that firm’s efforts in commodities and securities litigation. He had previously defended SEC enforcement matters and securities class actions at McDermott, Will & Emery LLP.

Mr. Fata joins a strong litigation team at Kirby McInerney. The firm recently secured the two largest whistleblower recoveries in 2021, including a $200 million recovery that is the largest, publicly announced single whistleblower award arising under the Dodd-Frank whistleblower reward programs (the CFTC and U.S. Securities and Exchange Commission) as well as under other whistleblower programs including the IRS and the federal and state false claims acts.

“We are thrilled to welcome Tony Fata to the firm,” said David Kovel, a Managing Partner of Kirby McInerney who runs many of the firm’s commodities, whistleblower, and antitrust cases. “His experience and track record in commodities and securities litigation puts him in the top echelon of attorneys in these areas, not only in Chicago but throughout the United States. We look forward to having him as a key part of our team advising and aggressively representing our clients, particularly for critical commodities issues centered in Chicago and nationwide.”

Mr. Fata regularly appears before federal and state courts throughout the United States and in regulatory matters overseen by the Securities and Exchange Commission, Commodity Futures Trading Commission, Financial Industry Regulatory Authority, Chicago Mercantile Exchange, and other governmental and self-regulatory agencies.

“I have known the attorneys at Kirby McInerney for many years, and have teamed up with them to win significant recoveries for our clients in the commodity futures markets,” said Mr. Fata. “Kirby McInerney is an excellent fit for my practice, and my priority is to expand Kirby’s presence in Chicago and in financial markets litigation generally.”

Among the cases Mr. Fata has developed and litigated:

Commodity Litigation

· In re Cattle Antitrust Litigation, No. 19-cv-1222 (D. Minn.): Mr. Fata led efforts to develop this proprietary case on behalf of cattle producers and cattle futures traders. Mr. Fata continues to serve in a leadership capacity on behalf of live cattle futures traders. The suit alleges that the “Big 4” meatpacking firms conspired to suppress prices for fed cattle and manipulated CME live cattle futures.

· Hershey v. Pacific Investment Management Company LLC, No. 05-cv-4681 (N.D. Ill.). Mr. Fata served as local counsel and assisted lead counsel’s litigation efforts en route to securing a $118 million settlement from PIMCO, which was accused of manipulating CBOT treasury note futures.

Consumer Litigation

· Apple iPhone Warranty Litigation, No. 10-cv-01610 (N.D. Cal.) Mr. Fata developed and filed the first complaint in this proprietary case alleging that Apple breached its warranty to iPhone customers by denying claims based on a pretext of water damage purportedly shown by “liquid contact indicators.” After similar complaints were filed, Mr. Fata led efforts with other firms’ counsel to secure a $53 million global settlement for the class.

· Apple Device Performance Litigation, No. 18-md-02827 (N.D. Cal.). Mr. Fata was appointed as an executive committee member and co-chair of the damages and settlement committee. The case alleges that Apple throttled iPhones to obscure battery issues. The $325 million settlement in the case was approved by the district court and is awaiting review by the Ninth Circuit.

In addition, Mr. Fata is currently leading several commodities manipulation class actions and confidential whistleblower matters arising from improprieties in the financial markets and financial services industry.
Mr. Fata earned his J.D. in 1999 from The Ohio State University Moritz College of Law, where he earned numerous awards and academic honors. He received his undergraduate degree from Miami University in 1995.

Mr. Fata is an adjunct professor at Seton Hall University School of Law. He is also active in the Chicago Bar Association, where he Co-Chairs the Securities Law Committee and serves on the Editorial Board of the CBA Record. Mr. Fata is also a recurring panelist for the Practising Law Institute Internal Investigations Seminar conducted in Chicago.

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Kirby McInerney LLP is a New York-based law firm with offices in Chicago, Illinois and San Diego, California. The firm concentrates on securities, antitrust, whistleblower, and consumer litigation and its efforts on behalf of investors, consumers and the government have resulted in recoveries totaling billions of dollars. The firm also represents whistleblowers in numerous programs, including in the SEC, CFTC and IRS whistleblower programs and in cases under the federal and state False Claims Acts. Additional information about the firm can be found at Kirby McInerney LLP’s general website at http://www.kmllp.com and its whistleblower website at https://whistleblower.kmllp.com/.

ArentFox Schiff is pleased to announce the expansion of its Corporate & Securities practice with the addition of counsel Gabriela E. Palmieri. After serving nearly a decade as the exclusive New York general counsel to a global, ultra-high-net worth family office and their US private companies, Gabriela will counsel clients at ArentFox Schiff on complex joint venture, private equity, venture capital, and real estate investments, as well as on the corporate governance of private companies.

Gabriela represents US and non-US high net worth individuals, family offices, and private companies in domestic, cross-border, and multi-jurisdictional investments and transactions. Understanding the intricate relationship that exists between an individual or family and their businesses, Gabriela provides cohesive advice that goes beyond a single transaction and balances her clients’ business and personal goals.

Gabriela is a proud Latina, fluent in Spanish and committed to working with the Latin American community living or investing in the United States. Gabriela started her legal career at a global law firm in Caracas, Venezuela after earning her Abogado (JD equivalent), magna cum laude, from the Universidad Central de Venezuela School of Law. She also earned her LL.M. in Taxation and LL.M. from Northwestern Pritzker School of Law.

“We are thrilled to welcome Gabriela to the firm during this period of growth for ArentFox Schiff. While all signs initially pointed to a hot M&A market in 2022, only time will tell what sort of lasting impact the Ukraine-Russia conflict will have on the global economy. And, as we know, family offices often look to the economy and markets to inform their investment decisions. Either way, Gabriela will provide strategic and holistic counsel to help her clients weather this period of uncertainty while still achieving their business goals.”

– David P. McHugh, Corporate & Securities Co-Leader

Gabriela’s Experience

Examples of Gabriela’s work includes…

• Acting as general counsel to the sponsor of two real estate funds that have developed and managed a portfolio of more than 1,000,000 gross square feet.
• Advising various ultra-high net worth individual investors in their multimillion-dollar private equity and venture capital investments in the US.
• Representing a private company in connection with a joint venture for the acquisition, operation, and disposition of multiple hotels in the US.

Greco Vitali Associati Studio Legale, with the partner Matteo Vitali and associate Matteo Miramondi, and Venable LLP, American law firm with offices in New York, with Venable partner William N. Haddad and Venable associates Poornima Gopoji and Arif Soto, advised Ideanomics Inc., a company incorporated under laws of USA listed on NASDAQ and active in the supply of diversified solutions for the electric mobility, in the launch of the voluntary public offer for the purchase of all the shares of Energica Motor Company S.p.a., Italian company listed on Euronext Growth Milan, leader in the production and sale of electric motorcycles.

The offer was launched by Ideanomics Inc. in concert with the founders of Energica Motor Company S.p.a., advised by ADVANT-Nctm, with the partner Lukas Plattner, the salary partner Andrea Iovieno and the associate Antonio Principato.

Following the success of the offer, Ideanomics is currently the owner of 71.64 percent of Energica Motor Company S.p.a. shares. The purpose of the offer is to obtain the revocation of Energica’s shares from the negotiations on Euronext Growth Milan and to support the growth of Energica Motor Company S.p.a. to which Ideanomics Inc. intends to contribute by leveraging the experience gained in financial services and disruptive technology industries.

Michael Best has welcomed Peter Prommer to its Intellectual Property practice as a Partner in the firm’s growing Chicago office.

Prommer joins the firm with nearly 20 years of experience advising clients on their intellectual property portfolios and counseling on enforcement, licensing, patent, trademark, and other IP matters. Over his tenured career, he has advised businesses across a number of sectors, from emerging companies to global corporations, including clients across the US, Europe and Asia on both IP and non-IP issues.

“Peter’s past work and impressive background position him well to represent our clients, and our platform fits perfectly with his desire to grow his practice,” said Richard Kaiser, Chair of Intellectual Property Practice Group. “He’s a clear example of the strong talent our firm has brought in over the past few years and will be an excellent addition to the IP Practice Group.”

Prommer joins Michael Best from Nixon Peabody LLP, where he first joined as an associate and was subsequently elevated to partner in 2015. Here, he counseled clients on global patent strategies, enforcement issues, patent opinion matters, building and protecting global trademark portfolios, and copyright matters. Prior to joining Nixon Peabody, Prommer was as an associate with a leading full-service intellectual property law firm, where his practice focused primarily on patent litigation matters.

Within his broad IP focus, Prommer has worked alongside clients in a variety of technologies, including wearable electronics, computer hardware, digital technologies, battery systems, medical devices, optical systems, composite materials, infrastructure systems, and robotics. His non-IP experience includes general commercial disputes, data privacy issues, and labor & employment matters. Prior to pursuing his legal career, Prommer practiced as a licensed professional engineer on high-stakes engineering projects for two international engineering consulting firms.

“Having worked in Chicago for his entire legal career, Peter has great ties to the city and a strong network behind him,” said Kerryann Haase Minton, Managing Partner of the Chicago office. “His engineering background gives him an edge, and he’ll make a wonderful addition to our office, which supports this dynamic city’s distinctive demographic profile.”

Prommer received his undergraduate engineering degree with honors from the University of Illinois at Urbana-Champaign and furthered his engineering studies at Northwestern University where he received his Master of Science. He subsequently received his J.D., magna cum laude, from the University of Illinois College of Law.

In addition, Prommer is strongly established in the technology and innovation scene in Chicago, including as an officer of the Intellectual Property Law Association of Chicago. He further serves with several distinguished colleagues based in North America and Germany as a member of the Transatlantic Advisory Council of Bucerius Law School in Hamburg, Germany.

What Matters in The End

By Rebecca L. Palmer

Even though it’s difficult, divorce can deliver much-needed clarity about what matters in life. In a marriage, a lot of time is spent making decisions together. What car should we buy? Where should we live? Should we have kids? What color should we paint the living room? At the time, they seem like significant decisions, and more times than not, one partner makes a compromise. Some compromises are easy but making compromises to keep the peace can be a way to avoid tough conversations, and by doing that, you genuinely sacrifice yourself.

From an early age, we have an idea of what we want our life to look like and what should be done to have a successful relationship. Just because you get married doesn’t mean that you have to sacrifice your opinions or values. Giving in on what color to paint your living room, on its own, is not relinquishing who you are, but if you always give in to avoid conflict, and the compromise is a sacrifice, then it will add up over time and lead to deep resentment toward your partner down the road. If your marriage becomes the type of relationship where giving in is expected to be returned in kind, you start to get caught up in keeping score – no relationship will ever be fair or equal with this approach.

Repeatedly sacrificing your needs to avoid conflict and not standing up for what you believe in has the power to destroy a marriage. Often, compromising means giving up what you know to be best – and if you are being asked to do that or feel you have to each time, then something is wrong.

With each compromise, you should ask yourself if you are being honest or just avoiding conflict. From the first utterance of “I want a divorce” to the signing of the final paperwork, being honest with yourself about the outcome should be a significant component of the process. What car you drive, where you live, and the living room color no longer matters. Instead of comprising your wants and needs, communicating truthfully about finances, custody, assets, and expectations is essential in navigating a divorce successfully.

Perhaps it is too late to save your marriage, but it matters how you come out of a divorce. Be honest with yourself and your partner about what is important to move forward. Since you are no longer “we,” try to see it as an opportunity to start a new chapter of life. This can be filled up with a stronger relationship with yourself and the people you love. Instead of spending time giving in on paint color – you can choose wallpaper!

Rebecca L. Palmer, Esq. is a Family & Marital Law attorney practicing in Orlando, FL. She is the Managing Partner of the Rebecca L. Palmer Law Group, and she can be reached at rebecca@rlpvlawgroup.com

Trenk Isabel P.C. directors Richard D. Trenk and David L. Isabel are pleased to announce that Asaad K. Siddiqi and John L. Shahdanian II have joined the firm as name partners and directors, with the firm now known as Trenk Isabel Siddiqi & Shahdanian P.C., effective today.

Also joining the firm are attorneys Reginald Jenkins, Jr. and William F. Rupp as partners and Valentina M. Scirica as an associate, along with paralegals Cindy Chen and Debby Vida. The additions nearly double the firm’s bench strength, bringing its total number of attorneys to 12, significantly bolstering the firm’s client services and capabilities in areas including commercial and complex litigation; labor and employment; environmental; land use and redevelopment; bankruptcy and restructuring; and public entity law.

“This is an exciting time for our firm, and for our clients, as John and Asaad join not only as tremendous advocates but also as leaders of our firm,” said Trenk. “We knew of Asaad and John through their outstanding work with the New Jersey State Bar and Bergen County Bar associations and their various leadership roles, and they are a great fit for our firm, further expanding our capabilities in multiple practice and industry areas of particular importance to our clients.”

“We are thrilled to welcome Asaad and John as directors with our firm, as well as Reggie, Bill and Valentina as key members of our growing team of attorneys,” said Isabel. “This was a rare opportunity to expand our services in labor and employment, commercial litigation, land use, public entity and redevelopment spaces, with highly regarded lawyers.”

Siddiqi added, “Rich and David have built a diverse, experienced team and a collaborative firm culture that values mentorship and professional development. I look forward to shaping the future of Trenk Isabel Siddiqi & Shahdanian as a director and am honored to join the firm’s roster of commercial litigators.”

“I have known Rich for many years, and I was confident that his and David’s practices and firm would mesh well with our team and allow us to provide a significantly expanded array of legal services and opportunities,” said Shahdanian. “I am eager to introduce our clients to the deep pool of legal talent and experience that is available to them across a broad range of practice areas.”

The new attorneys and paralegals were most recently with Anselmi & Carvelli, LLP.

Siddiqi concentrates on counseling clients on commercial and employment matters, including bet-the-company litigation. His experience includes commercial, business, and non-profit organization matters; products liability; intra-corporate/shareholder, employment and labor, and estate and trust disputes; and insurance/indemnification issues. He also handles matters concerning allegations of white-collar crime and regulatory non-compliance, the First Amendment, professional misconduct, and attorney ethics. In addition, he counsels clients on matters involving corporate governance, information security, compliance, dispute resolution, and international transactions.

Siddiqi serves on both the New Jersey Supreme Court’s Civil Practice and Model Civil Jury Charges committees and is a trustee of the Bergen County Bar Association and the Association of the Federal Bar of New Jersey. He also chairs the diversity committee for AFBNJ and serves as the vice chair of the New Jersey Lawyer Magazine Editorial Board. He received his J.D. from St. John’s School of Law and his B.A. from Rutgers University.

Shahdanian focuses his practice on employment, labor, civil rights and government law, representing both private and public sector clients in management side labor and employment matters, as well as individuals. His work involves matters related to discrimination claims, disability claims, sexual harassment claims, whistleblowing, and noncompete clauses, as well as wage and hour, family leave and private sector labor law. In addition, he provides anti-discrimination and sensitivity training and drafts discrimination and other policies for corporate and municipal clients. He also handles employment and civil rights litigation matters.

Shahdanian’s clients include the New Jersey towns of Teaneck, Bergenfield, New Milford, and Maywood, as well as the Bergen County Utilities Authority, the Office of the Bergen County Prosecutor, the Bergen County Sheriff’s Office, and the County of Passaic.

Shahdanian is one of only 42 trustees of the New Jersey State Bar Association. He is also a trustee of the Bergen County Bar Association. He received his J.D. from Seton Hall University School of Law and his B.A. from Boston College.

Jenkins focuses his practice on redevelopment, real estate, land use, and zoning matters for government, corporate and private clients. He represents commercial and residential developers, banking institutions, telecommunications companies, billboard companies, restaurants, and hotels. In addition, he handles creditor’s rights, commercial litigation, employment matters, and telecommunications and intellectual property matters. He received his J.D. from Brooklyn Law School and his B.A. from Wesleyan University.

Rupp is a litigator who focuses on governmental law. His more than four decades of experience includes all aspects of municipal and employment law; real estate law, including eminent domain, zoning and land use, tax appeals, redevelopment and special improvement districts; and many aspects of labor law, which includes negotiations, public employment law, disciplinary hearings, antidiscrimination law, contract negotiation, civil rights violations, unfair labor practices, and the Conscientious Employee Protection Act. He received his J.D. from Rutgers University School of Law and his B.A. from Rutgers University.

Scirica focuses her practice on employment and governmental matters. Her work involves defending employers on claims including wrongful discharge, discrimination and retaliation, and breach of employment contracts. She also advises employers on compliance with federal, state and local employment laws, and conducts internal investigations. She received her J.D. from Elisabeth Haub School of Law at Pace University and her B.A. from Rutgers University.

About Trenk Isabel Siddiqi & Shahdanian P.C.
Trenk Isabel Siddiqi & Shahdanian P.C. delivers valued legal services to help clients respond to challenges and preserve their businesses, as well as take advantage of new opportunities to grow. The firm handles commercial and complex litigation; labor and employment; environmental; land use and redevelopment; bankruptcy and restructuring; municipal and government representation.

For more information, visit www.trenkisabel.law.

WILMINGTON, Del. – Womble Bond Dickinson announced today that Rhonda Payne Harmon has joined the firm’s Business Litigation practice as Of Counsel in the Wilmington, Del., office.

Harmon joins Womble after sixteen years as in-house counsel for one of the country’s largest commercial banks, where she most recently served as Senior Counsel and Vice President of the Consumer Defensive Litigation division handling high-risk and class action cases. Earlier in her career, she was a bankruptcy associate in private practice representing large banks and other financial institutions.

“Rhonda is key to the continued expansion of our financial services litigation practice,” said Business Litigation Practice Group Leader Chris Jones. “Her intimate knowledge of what is most important to our banking clients and first-hand experience resolving disputes for one of the world’s largest and most important financial institutions will bring unique value to our clients and colleagues.”

At Womble, Harmon joins a team of more than 200 financial services sector lawyers located across the United States and the United Kingdom, representing nearly half of the top 100 U.S. banks, including 17 of the top 25.

Harmon has more than 20 years of combined experience as in-house counsel specializing in default servicing and consumer defensive litigation relating to lending practices, automobile and personal loans, lines of credit and home mortgages, as well as experience representing banks and companies in bankruptcy. She has managed both single-plaintiff and class/mass actions across a broad range of financial services issues, including mortgage loan servicing and origination claims, TCPA, FCRA, FDCPA, SCRA, TILA, loan modification, retail and installment sales claims, MERS standing issues, lien disputes, and bankruptcy disputes and adversary proceedings.

Harmon received her undergraduate degree in Psychology from Carnegie Mellon University, and she received her J.D. from the University of Pittsburgh School of Law.

WILMINGTON, Del. – Womble Bond Dickinson announced today that Rhonda Payne Harmon has joined the firm’s Business Litigation practice as Of Counsel in the Wilmington, Del., office.

Harmon joins Womble after sixteen years as in-house counsel for one of the country’s largest commercial banks, where she most recently served as Senior Counsel and Vice President of the Consumer Defensive Litigation division handling high-risk and class action cases. Earlier in her career, she was a bankruptcy associate in private practice representing large banks and other financial institutions.

“Rhonda is key to the continued expansion of our financial services litigation practice,” said Business Litigation Practice Group Leader Chris Jones. “Her intimate knowledge of what is most important to our banking clients and first-hand experience resolving disputes for one of the world’s largest and most important financial institutions will bring unique value to our clients and colleagues.”

At Womble, Harmon joins a team of more than 200 financial services sector lawyers located across the United States and the United Kingdom, representing nearly half of the top 100 U.S. banks, including 17 of the top 25.

Harmon has more than 20 years of combined experience as in-house counsel specializing in default servicing and consumer defensive litigation relating to lending practices, automobile and personal loans, lines of credit and home mortgages, as well as experience representing banks and companies in bankruptcy. She has managed both single-plaintiff and class/mass actions across a broad range of financial services issues, including mortgage loan servicing and origination claims, TCPA, FCRA, FDCPA, SCRA, TILA, loan modification, retail and installment sales claims, MERS standing issues, lien disputes, and bankruptcy disputes and adversary proceedings.

Harmon received her undergraduate degree in Psychology from Carnegie Mellon University, and she received her J.D. from the University of Pittsburgh School of Law.

Dykema, a leading national law firm, today announced the addition of Valerie S. Rup to its Healthcare Practice Group as Senior Counsel in the firm’s Bloomfield Hills office. Rup joins Dykema after spending more than a decade with Beaumont Health and William Beaumont Hospital in several capacities, including as Chief Counsel, Transactions, and Senior Corporate Counsel.

In her practice, Rup focuses on corporate and regulatory healthcare law with an emphasis on business formation, affiliations, acquisitions, joint ventures, real estate, contract negotiation, and regulatory matters. She has vast experience advising on, drafting, and negotiating multiple types of contracts.

In her previous roles with Beaumont Health, Rup led the transactions team in overseeing a diverse array of matters, such as governance, corporate affiliations, joint ventures, and regulatory and compliance matters. She also provided advice on board- and executive-level projects, initiated internal investigations, and handled strategic expansion initiatives.

“Not only is Valerie a very skilled and savvy healthcare attorney, her years of experience as in-house counsel at one of Michigan’s largest health care systems has resulted in Valerie’s unique and pragmatic perspective that I am confident clients will value greatly in achieving creative solutions together,” said Eric Klein, Leader of Dykema’s Healthcare Practice Group.

Rup earned a J.D., magna cum laude, from the University of Detroit Mercy Law School, a B.S. in Psychology from Wayne State University, and Health Care Management Certification from the University of Michigan Health System Leadership Development Program.