The Salt Lake Tribune reports that the Utah Transit Authority’s former general counsel is suing the agency for $300,000 in deferred bonuses and benefits that leaders had voided as “unconscionably high.”

The agency responded in state district court by counter-suing Bruce Jones, alleging “fraud and legal malpractice.”

Jones claims he negotiated for the bonuses in exchange for keeping his base salary lower. The agency claims Jones represented “both himself and UTA in salary negotiations” on contracts that gave him the generous benefits, which were never approved by the board.

Read the Tribune article.

Members of the National Association of Corporate Directors members can access an exclusive tour, custom designed for directors, of the latest technology trends at the Consumer Electronics Show (CES) in Las Vegas in January 2020.

“This experience will expand your point of view on cutting-edge technologies and how they relate to strategy discussions in the boardroom.” writes the NACD’s Matt Barone. “You’ll be able to see firsthand the innovations and breakthrough ideas that will disrupt your current organizations, and improve your understanding of their implications for your companies’ future business models.”

This year’s tour will offer in-depth insights designed to help directors ensure that their companies are fueled by, and not blindsided by, future tech. For example, this year’s participants will gain insights into the Smart City Sector, which includes IoT, 5G connectivity, transportation and smart automotive, data analytics, and more, according to Barone.

For information about joining NACD to gain access to this unique opportunity and much more, including exclusive content, top-tier educational programming, and unparalleled networking opportunities, email Barone or call 571-367-3708.

ContractWorks has published “Legal Department Operations: A Guide for General Counsel.”

The publication is available for downloading from ContractWorks at no charge.

Legal departments are taking a multi-pronged approach to become more efficient and contribute to overall organizational profitability: they are onboarding specific people as well as technology solutions, the company says on its website.

This paper explores how certain solutions help streamline legal ops to solve common problems and the role of general counsel in the expanding legal department.

Download the guide.

Bloomberg Law reports that at least a dozen in-house lawyers were among the 2,400 layoffs last week at the parent of co-working giant WeWork.

“The WeWork layoffs followed an aborted $3.5 billion initial public offering, the departure of former CEO Adam Neumann, and a tentative $9.5 billion bailout by Japan’s SoftBank Group, which has temporarily saved the faltering company,” writes Bloomberg’s Brian Baxter.

WeWork lawyers in New York and San Francisco, along with some in outlying offices, were let go, one of the in-house lawyers told Bloomberg.

Read the Bloomberg Law article.

Image by NY Photographic

NAVEX Global is inviting participants to contribute input to its annual Corporate Compliance Benchmark Report.

“As a legal professional within the risk and compliance field, your experience and opinions are vital to helping us define what matters in this quickly evolving field,” the company says in its invitation.

Participants who take this 25-minute survey will receive a free copy of the report, as well as early and exclusive insights into survey results and analysis.

Phase5, an independent marketing research firm, will be collecting all the feedback. All responses are confidential and will be reported only in aggregate form. Individual data will never be shared with any other party, NAVEX says.

Take the survey.

The National Association of Corporate Directors has published “A Field Guide to Bad Directors” from NACD Directorship magazine for a close look at the behaviors of the least effective and most distracting directors.

A copy of the article can be downloaded from the NACD website at no charge.

These bad actors suffer from inattention to detail, a narrow field of focus, entitled behavior, and inadequacy, NACD says. Among the 14 types, the “Representative” can’t see the big picture and instead focuses on one specific issue. The “Financial Stumbler” is comfortable with basic financial terminology, but becomes lost when the financial discussion turns technical. The “Questioner” claims to ask tough questions but is really hiding a lack of preparation.

Download the article.

Zapproved has published a new guide discussing nine best practices that will refine early case assessment process to make it as cost-effective and efficient as possible.

The goal, the company says, is to get the insights needed to form a powerful case strategy and drive down discovery costs.

The guide can be downloaded at no cost from Zapproved’s website.

Download the guide.

Bradley Arant Boult Cummings LLP announces that Denson N. Franklin III, a partner in the firm’s Birmingham office, has been appointed senior vice president and general counsel of Birmingham-based Vulcan Materials Company, which announced the appointment Oct. 15.

In a release, the firm said Franklin will be transitioning from the firm over the next few months and will take on his new role in December.

A member of the S&P 500 index, Vulcan is the nation’s largest producer of construction aggregates – primarily crushed stone, sand and gravel – and a major producer of aggregates-based construction materials, including asphalt and ready-mixed concrete.

A member of Bradley’s Corporate and Securities Practice Group, Franklin has focused his practice on corporate, mergers and acquisitions, finance transaction, and federal and state securities matters. He has represented clients ranging from established companies with global operations to early stage businesses. He has advised companies on a broad range of issues affecting their businesses, including clients in the information services, manufacturing, distribution and service, construction and engineering, construction materials, transportation and technology industries. Franklin has counseled companies and their boards on corporate governance and compliance issues, as well as family-owned businesses with ownership that spans multiple generations. In addition, he has advised emerging growth companies in their formation and funding, and has worked with companies from inception through venture capital funding and initial public offering or sale. He also has advised clients with respect to their overseas operations and acquisitions outside the United States.

Franklin received his J.D. from Vanderbilt University Law School and his Bachelor of Arts (magna cum laude) from Birmingham-Southern College.

Image by Tony webster

The ABA Journal reports that an invasion-of-privacy lawsuit claims that the former general counsel of Wynn Resorts approved a “secret undercover operation” to gather derogatory information about a former salon employee who provided information to the Wall Street Journal.

Plaintiffs claim that former Wynn general counsel Kim Sinatra was part of a civil conspiracy targeting Jorgen Nielsen, the former artistic director of a salon at Wynn Las Vegas.

The Journal‘s Debra Cassens Weiss reports: “The suit alleges that Sinatra and two other defendants participated in a plan to send ‘an undercover operative’ posing as a client to the new salon that employed Nielsen. The place was the salon at Palms Casino Resort.”

Read the  ABA Journal article.

Exterro has published the 2019 In-House Legal Benchmarking Report, comparing in-house legal processes among 180 participating legal departments.

Compared to last year’s results, legal teams are choosing to coordinate services with fewer outside partners and are moving more operations in-house.

The report can be downloaded at no charge from the Exterro website.

Exterro says on its website that the report provides:

• 4 important takeaways to help improve your legal processes in 2020

• Results to 29 questions surrounding in-house legal activities

• Data to help drive change in your in-house legal department

Download the report.

The 8th annual Ethics & Compliance Virtual Conference will feature a full agenda dedicated to helping compliance programs remediate risk holistically—from preventive to reactive program components.

The NAVEX Global event, scheduled for Oct. 24, 2019, is designed to help participants understand global complexities, budget restrictions and the future of integrated risk management.

Webinar sessions will include:

• Driving Lasting Impact for Compliance Investment
• How to Impress or Underwhelm a Federal Prosecutor
• Predictive Analytics for Proactive Compliance Programs
• Correlation Between Brand Reputation Damage & Hotline Reports

Register for the event.

The National Association of Corporate Directors has published the 2019 NACD Blue Ribbon Commission Report―Fit for the Future: An Urgent Imperative for Board Leadership—an invaluable resource for board rooms across America.

The report can be downloaded from the NACD website at no charge.

NACD members receive the added advantage of a comprehensive toolkit that helps boards transform information into meaningful action. The toolkit includes case studies, sample documents, questions to inform boardroom discussions, and other resources. NACD members benefit from this additional level of support that ensures that knowledge yields results.

Download the report.

The former general counsel of Mithril Capital Management, Crystal McKellar, has staged a multi-pronged campaign to disparage the company, according to a new legal petition filed in Texas, where Mithril has its headquarters.

McKellar was the company’s only general counsel, reports TechCrunch.

Fox Business reports that the lawsuit claims: “After leaving the business, she immediately ‘began a concerted whisper campaign to undermine Mithril, in which she would make false, anonymous complaints to Mithril’s limited partners.'”

McKellar is a Harvard-trained lawyer and former child TV star. Mithril is owned by Peter Thiel, the Silicon Valley billionaire who toppled Gawker Media.

Read the TechCrunch article.

PactSafe has published a new guide that outlines different ways a legal department can foster effective cross-departmental relationships. It offers ideas that can be implemented this week, and tips that can plant the seed for more strategic, long-term change.

“Whether your goals are focused on increasing sales velocity, more efficient employee on-boarding, or mitigating risk of a new product, the legal department is often seen as an operational bottleneck and inhibitor of innovation,” PactSafe says on its website. “With 2020 on the horizon, legal needs to refresh its reputation—and understand its unique position to enable innovation—and it starts with better interdepartmental relationships.”

The guide covers:

• How legal and sales can maintain a united front when closing a deal
• Why legal and finance need to collaborate better on budget
• Ways legal and HR can limit risk of employee charges
• How legal and dev can find common ground in risk management and UX design

Download the free guide.

The annual meeting of the Association of Corporate Counsel in Phoenix in October will feature more than 140 sessions that will allow participants to earn up to a year’s worth of CLE/CPD credit in less than three days.

The event will be Oct. 27-30.

Topics at those sessions will include such subjects as contract drafting, data security, corporate sustainability, records management, and business education for in-house counsel.

Register or get more information.

Davis Wright Tremaine LLP will present a CLE program for in-house lawyers only to help attendees learn how to identify and disseminate pro bono opportunities and become familiar with special rules that apply to in-house lawyers.

The event will be Tuesday, Nov. 5, 2019, with registration and a hosted breakfast beginning at 8 a.m. Pacific time. The program will last from 8:30 a.m. to 12:30 p.m. PT. Lunch will be provided.

This program will be hosted in the firm’s Seattle office and broadcasted to each of the firm’s other locations: Anchorage, Bellevue, Los Angeles, New York, Portland, San Francisco, and Washington, D.C.

Presenters from Microsoft, Amazon, T-Mobile, Starbucks panelists about how to:

* Develop a strong and impactful pro bono program
* Build a CSR, sustainability, and community arm
* Institute pro bono policy and establish a pro bono form bank
* Form or recalibrate/energize a pro bono committee
* Identify meaningful pro bono opportunities
* Enter into corporate partnerships with PPPs
* Comply with ethical rules regarding in-house pro bono work

Attendees will receive a resource manual with sample polices, forms, briefs, templates and a menu of pro bono opportunities.

The keynote will be by Lucy Lee Helm, chief partner officer at Starbucks

For registration or questions: JoannaBoisen@dwt.com

The New York Times reports that the White House on Tuesday fired John Mitnick, the general counsel for the Department of Homeland Security, after months of shake-up at an agency responsible for carrying out President Trump’s immigration agenda.

A Trump administration official said Tuesday evening that Chad Mizelle, an associate counsel to the president, would replace Mitnick. But a Department of Homeland Security official said later that Joseph B. Maher, the department’s principal deputy general counsel, would be taking over, write the times‘ Zolan Kanno-Youngs and Maggie Haberman.

Mitnick was the fifth general counsel for the Department of Homeland Security.

Read the NY Times report.

The National Association of Corporate Directors, in partnership with Marsh & McClennan Companies, has published a report outlining a practical approach to advancing board oversight of digital transformation and emerging technologies.

The report is available by downloading from the NACD website at no charge.

“This report includes fresh, primary research and one-on-one interviews with leading directors and experts and identifies five foundational principles that will help directors navigate the complexities of artificial intelligence, blockchain, the Internet of Things, robotics process automation and more,” the organization says on its website. “Each principle includes specific recommendations to help directors avoid potential pitfalls, spot red flags, and formulate and adopt a more cohesive oversight approach.”

Download the report.

Photo by Kārlis Dambrāns

Microsoft President and Chief Legal Officer Brad Smith says the way the U.S. government is treating Huawei is un-American, reports Bloomberg Businessweek.

He said China’s leading maker of networking equipment and mobile phones should be allowed to buy U.S. technology, including software from his company, according to Businessweek’s Dina Bass.

“U.S. President Donald Trump has said Huawei, run by a former Chinese army technologist, is a national security threat, and his Department of Commerce has added the company to an export blacklist scheduled to take full effect in November,” Bass writes.

Read the Bloomberg Businessweek article.

Zapproved has published “The Definitive Guide to Legal Hold Best Practices,” a guide to effectively preserving information for use in litigation.

The guide can be downloaded from Zapproved’s website at no charge.

It provides clear advice on recognizing trigger events and scoping preservation efforts; recommendations for how to issue, monitor, and release legal holds; analyses of common points of preservation failure; helpful checklists; and case law examples.

Download the guide.