Global law firm Norton Rose Fulbright announced today that Annmarie Giblin has joined its New York office as a partner in the global Cybersecurity and Privacy group, adding further cyber capabilities to a team consisting of over 90 practitioners worldwide. Giblin is the sixth partner to join the firm in New York this year, following Steven Lofchie, Mark Highman, Alison Radecki, Rob Hirsch and Johanna Schmitt.

Giblin counsels clients on cybersecurity, incident response, crisis management, data governance, maintenance, cybersecurity planning and policies, privacy concerns and strategies, emerging technologies and related compliance programs. Her practice is datacentric and anchored by her proactive cybersecurity approach, which holistically prepares for a data security incident and related response/compliance issues before it occurs, addressing all related legal concerns that affect data, including data governance, privacy legal issues and compliance as well as the collection, use, sharing and transfer of data.

Understanding data management, cybersecurity and privacy issues in all sectors, Giblin represents clients in the banking, finance, transportation and logistics, software (including software as a service), social media, consumer-facing retail, cosmetics, insurance, accounting, advertising, mortgage lending, healthcare and not-for-profit industries. She also supports clients with managing third-party vendor legal risks and legal guidance on emerging technologies, such as artificial intelligence.

Jeff Cody, Norton Rose Fulbright’s US Managing Partner, said:

“Cybersecurity remains a key focus for our clients, as reflected in the responses throughout the firm’s recent Litigation Trends Survey. Annmarie is a top-flight cyber lawyer who can help clients facing challenging scenarios and implement tactics to be best prepared for when incidents occur.”

Chris Cwalina, Norton Rose Fulbright’s Global Head of the Cybersecurity and Privacy Group, commented:

“The cybersecurity landscape evolves rapidly, and clients rely on Norton Rose Fulbright for assistance on significant cybersecurity issues and managing cyber attacks. Annmarie is a seasoned lawyer in the cyber space who joins us with valuable in-house experience that our clients appreciate.”

Giblin, who joins the firm after serving as Co-Chair of Cybersecurity, Data Management and Privacy Practice at Tarter Krinsky & Drogin, said:

“I have always admired Norton Rose Fulbright’s global cybersecurity and privacy practice, which is not only one of the best in the industry, but also has leading cross-border capabilities to provide clients with a seamless service all over the world. The firm is also a powerhouse in most areas of law, with impressive bench strength in almost every practice. I am very excited to join the firm, and especially this team of highly skilled lawyers.”

Giblin joins with New York associate Angelica Aminov, who also previously practiced at Tarter Krinsky & Drogin. Aminov advises clients across a range of industries during the investigation, containment and remediation of data breaches and other security incidents. She also assists clients with information management, records retention and compliance with federal and state regulations.

Licensed to practice in New York, Giblin received her law degree from St. John’s University School of Law and her bachelor’s degree from State University of New York at Albany. Aminov is licensed in New York and Florida. She received her law degree cum laude from New York Law School and her bachelor’s degree from Hunter College.

Global law firm Norton Rose Fulbright today announced Sameer Ghaznavi as the new Co-Partner-in-Charge of its Chicago office. He will work alongside Chicago Co-Partner-in-Charge Daniel Farris, who has overseen the office since its opening in April 2022.

Ghaznavi is a projects lawyer who represents private and public companies, developers, utilities and sponsors concerning the development, strategic acquisition and sale of energy and infrastructure projects in the US and globally. His prior experience includes legal and corporate counsel positions with several energy and power companies.

Ghaznavi and Farris both joined Norton Rose Fulbright in 2022 as part of the Chicago office’s initial 11-lawyer team. Since then, the firm’s presence in Chicago has nearly tripled to 32 lawyers serving tech and tech-enabled businesses in transformative sectors across a range of practices, including corporate, M&A and securities, cybersecurity and data privacy, employment and labor, energy, healthcare, intellectual property, litigation, projects, real estate and technology transactions.

Norton Rose Fulbright was the first major law firm to base itself in Chicago’s vibrant Fulton Market District, which is home to some of the country’s most innovative companies. Last fall, the firm unveiled its modern and progressive Chicago office space located on the top two floors of 1045 on Fulton—the newest and tallest building in the district.

Jeff Cody, Norton Rose Fulbright’s US Managing Partner, said:

“Expanding our Midwest presence and client offering is an important component of Norton Rose Fulbright’s strategic growth plan, and the success of our Chicago office has been paramount. Sameer is a dynamic lawyer who shares our firm’s focus on innovation and inclusion. I am delighted for him to join Daniel in leading our Chicago team.”

Ghaznavi, who was named a Trailblazer in Energy/Environmental Law by the National Law Journal in 2021 and a recommended lawyer for renewable and alternative power by The Legal 500 United States in 2023, commented:

“Chicago is the third-largest legal market in the US and a hot spot for technology, energy, and innovation. I look forward to collaborating with Daniel and our team of talented lawyers and business services personnel, as we continue our mission to provide superior service to our Midwest and global clients.”

Licensed in Illinois and New York, Ghaznavi earned his law degree from the University of Maryland School of Law and his bachelor’s degree from the University of Alberta.

Norton Rose Fulbright
Norton Rose Fulbright provides a full scope of legal services to the world’s preeminent corporations and financial institutions. The global law firm has more than 3,000 lawyers advising clients across more than 50 locations worldwide, including Houston, New York, London, Toronto, Mexico City, Hong Kong, Sydney and Johannesburg, covering the United States, Europe, Canada, Latin America, Asia, Australia, Africa and the Middle East. With its global business principles of quality, unity and integrity, Norton Rose Fulbright is recognized for its client service in key industries, including financial institutions; energy, infrastructure and resources; technology; transport; life sciences and healthcare; and consumer markets. For more information, visit nortonrosefulbright.com.

AUSTIN, Texas and NEW YORK —January 30 DISCO (NYSE: LAW), a leader in AI-enabled legal technology, announced today the launch of Cecilia Deposition Summaries (“Depo Summaries”), which will be made available for select customers in private access. Depo Summaries is a generative AI-driven solution that is designed to let legal professionals automatically create deposition summaries, easily navigate to key points, and reduce the need for multiple team members to review numerous lengthy deposition transcripts.

For lawyers, the process of creating witness deposition summaries is often tedious, time-consuming and costly, and can take focus away from other more strategic tasks. Depo Summaries is a solution that leverages generative AI to give lawyers the ability quickly to make sense of important deposition transcriptions and provide client-ready summaries. These summaries are automatically produced both chronologically and by key topic, and then linked to relevant deposition testimony. Users are able to seamlessly search through annotated transcripts, thus enabling better case preparation.

Depo Summaries lets legal professionals understand testimony faster and eliminates the need for associates to produce secondary summaries from scratch. The solution is designed to let users upload deposition transcripts and then receive key-topic summaries within a matter of minutes, with links and full citations. Users can copy summarized testimony directly into motion drafts with proper formatting and citations, and summaries can also be exported from the tool for sharing with the case team or client.

“Generative AI is allowing us to improve legal workflows by giving lawyers a way to quickly understand and process long transcripts, eliminate cumbersome manual review, and enable legal teams to get to critical insights in depositions faster,” said Kevin Smith, DISCO’s Chief Product Officer. “We believe DISCO is well positioned to continue developing best-in-class AI products that can alleviate pain points and better equip lawyers to win their cases.”

Depo Summaries is an offering within the Cecilia platform, DISCO’s industry-first solution that combines natural language processing with the latest advances in LLM technology. DISCO will be showcasing its generative AI products at Legalweek in New York. To learn more, visit booth #2113 or schedule a private meeting with the team www.csdisco.com/legalweek.

About DISCO
DISCO (NYSE: LAW) provides cloud-native, artificial intelligence-powered legal solutions that simplify legal hold, legal request, ediscovery, legal document review and case management for enterprises, law firms, legal services providers, and governments. Our scalable, integrated solutions enable legal departments to easily collect, process and review enterprise data that is relevant or potentially relevant to legal matters. For more information, visit www.csdisco.com.

Press Contact
media@csdisco.com

DISCO Announces C-Suite Elevations For Key Customer and People-Focused Roles

Legal technology leader promotes Melanie Antoon, Chief Customer Officer, and Karen Herckis, Chief HR Officer, to improve customer experience and enhance company culture

AUSTIN, Texas – January 23, 2024 – DISCO (NYSE: LAW), a leader in AI-enabled legal technology, announced today the promotion of two senior leaders to C-level roles. Melanie Antoon will serve as DISCO’s first Chief Customer Officer (CCO) and Karen Herckis has been appointed Chief Human Resources Officer (CHRO).

In this new role, Antoon will have leadership over the Customer Success team in addition to the Professional Services and Review organizations that she previously led while serving as DISCO’s SVP of Professional Services. Antoon’s newly created Customer Experience team will deliver enhanced methods of engagement to drive better customer outcomes.

As a long-time customer advocate, Antoon will continue to innovate and improve the customer experience at DISCO. Prior to joining the company, Antoon held multiple executive positions across legal, software and business consulting at companies including Inventus, Huron Consulting, Catalyst, and Winston & Strawn.

“As we continue to evolve our customer engagement strategy, I’m eager to tackle this new role and ensure DISCO remains at the forefront of delivering exceptional value to clients through our integrated solutions,” said Melanie Antoon, Chief Customer Officer. “Our approach to customer relationships is more than just a typical vendor relationship; it’s a deep partnership that sets us apart in helping clients realize the maximum benefits of our technology.”

As CHRO, Herckis will continue to lead DISCO’s People team and be instrumental in evolving the company’s culture. Herckis will continue to focus on attracting and retaining top talent and strengthening leadership capabilities throughout the organization. In her previous role as SVP of Human Resources Herckis also helped lead DISCO’s successful globalization efforts. Herckis previously held leadership positions at Stova (formerly Aventri) and Epiq prior to joining the company.

“Stepping up to this role is an exciting opportunity to lead this incredible journey we’ve embarked on at DISCO,” said Karen Herckis, Chief Human Resources Officer. “This past year was filled with significant milestones, including DISCO opening its first office in India. I am committed to helping establish a high functioning culture and building an environment where people want to grow their careers”

“Karen and Melanie have played pivotal roles in our company’s success, and these promotions reflect their outstanding leadership in enhancing our customers’ experience and strengthening our culture,” said Scott Hill, Chief Executive Officer. “We are confident that they will both continue to exert a positive influence on our company and contribute significantly to our strategic goals and future growth.”

Later this month, both will be in attendance alongside other DISCO executives at Legalweek in New York. Visit booth #2113 to explore DISCO’s Generative AI offering Cecilia and other solutions, or to schedule a private meeting, visit www.csdisco.com/legalweek.

About DISCO
DISCO (NYSE: LAW) provides cloud-native, artificial intelligence-powered legal solutions that simplify legal hold, legal request, ediscovery, legal document review and case management for enterprises, law firms, legal services providers, and governments. Our scalable, integrated solutions enable legal departments to easily collect, process and review enterprise data that is relevant or potentially relevant to legal matters. For more information, visit www.csdisco.com.

Press Contact
media@csdisco.com

Gordon Rees Scully Mansukhani, the 20th largest law firm in the United States, today unveiled its new “GRSM50” brand. The 1,200+ lawyer firm – the first and only full-service law firm in the country with offices in all 50 states – is embarking on an extensive branding effort to highlight its rapid growth and unique 50-state legal services capabilities.

“Our identification as GRSM50 reflects not only the firm’s national presence but also our commitment to servicing clients wherever they may have needs throughout the United States,” said Dion Cominos, Firmwide Managing Partner.

Name partner Miles Scully, a major catalyst in the firm’s rapid expansion added: “The firm’s transition to GRSM50 further demonstrates a laser focus on continuing to successfully grow our novel 50-state platform which combines local knowledge with the resources of a robust national organization.”

GRSM’s accelerated growth trajectory began more than four years ago when the firm became the first law firm in history to establish offices in all 50 states. Since launching the 50-state initiative, the firm has grown from 850 lawyers to its current count of more than 1,200 lawyers. In 2021, the firm broke into the Am Law 100 rankings and was highlighted by The American Lawyer as one of the top firms for lateral partner growth. That growth has continued this year, with 270 attorneys joining the firm thus far in 2023. GRSM is currently ranked #88 on the Am Law 100 list and the 20th largest firm in the country by headcount, with over 50 diverse practice and industry groups in 75 national offices throughout the country.

Womble Bond Dickinson announced today that John Hawk has rejoined the firm as a partner in the Business Litigation Group. Previously with Womble from 2006 to 2021, Hawk is the first partner addition to the Denver office since it was opened last month by leading global energy and natural resources team Scot Anderson and Ana Maria Gutiérrez.

“John’s return to Womble reflects the strong culture of our firm, and his practice adds meaningful bench strength as we continue to expand our complex litigation capabilities across our domestic footprint,” said Chris Jones, who leads the Business Litigation Practice Group and serves on the Global Board.

Hawk has represented Fortune 500 companies for nearly two decades in complex commercial disputes. While his experience is diverse, he has particularly deep knowledge of consumer finance and insurance litigation. He defends banks and other lenders, mortgage servicers, and life and disability insurers in state and federal courts, including cases brought under the Fair Credit Reporting Act, Telephone Consumer Protection Act, Fair Debt Collection Practices Act, and Employee Retirement Income Security Act.

“We are excited to have John join our new and growing Denver office,” said Scot Anderson, Managing Partner of the Denver office. “John will be the foundation of a broad litigation practice in this office, and his expertise and experience will serve our clients well.”

Hawk rejoins Womble from Fox Rothschild, where he was based in that firm’s Denver and Greenville, South Carolina, offices. He graduated from the University of South Carolina School of Law and earned his B.A. from Davidson College.

“I’m thrilled to return to Womble, the firm where I began my legal career,” said Hawk. “In addition to contributing to the growth of the Denver office, I look forward to once again working with distinguished colleagues across the firm to advise clients in the financial services and energy sectors on their complex commercial litigation matters.”

This addition also underscores the continued growth of the Business Litigation Group. Hawk is the 13th partner to join the firm since the start of the year, following Liz Campbell, Patricia Cymerman, Ana Maria Gutiérrez, Edward Kim, Carol Lee, Kristina Moore, Tomio Narita, Joe Patella, Harry Rimm, Gina Schaecher, Mariam Tadros, and Jeff Topor.

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About Womble Bond Dickinson
Womble Bond Dickinson is a transatlantic law firm with more than 1,000 lawyers based in 32 U.K. and U.S. office locations serving clients across every business sector. The firm provides core legal services including Commercial; Corporate; Employment; Dispute Resolution and Litigation; Finance: Banking, Restructuring, Insolvency; IP, 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 (UK) LLP and Womble Bond Dickinson (US) LLP. Each of Womble Bond Dickinson (UK) LLP and Womble Bond Dickinson (US) 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.

TYSONS, V.A. (October 5, 2023) – Womble Bond Dickinson announced today that Gina L. Schaecher has joined the firm’s Business Litigation group in Tysons, Virginia. Schaecher has extensive experience representing clients in commercial disputes in state and federal court and has served as lead counsel in lengthy, complex commercial litigation in courts nationwide.

This addition reflects continued momentum for the firm’s Business Litigation group, which has welcomed 35 lawyers in the last year. Many of those laterals joined offices in the Mid-Atlantic region, including Carol Lee (Washington, D.C.), Kristina Moore (Washington, D.C.), Mariam Tadros (Tysons, Virginia), and Lee Van Voorhis (Washington, D.C.).

“In addition to bolstering our broader litigation capabilities, Gina brings significant depth and credentialing to our construction practice,” said Chris Jones, who leads the Business Litigation Practice Group and serves on the Global Board. “We are excited to welcome Gina to the firm and know her experience will be highly valuable to our clients.”

Schaecher represents owners, general contractors, subcontractors, and design professionals in construction disputes, corporate governance matters, and general commercial litigation. She has successfully represented contractors’ interests in bid protests and contract claims on public projects before various boards of contract appeals, including the General Services Board of Contract Appeals and the District of Columbia Contract Appeals Board.

Schaecher graduated from the Nebraska College of Law and earned her B.A. from the University of Nebraska. Outside of her practice, she advocates for animal protection and animal welfare matters at local and federal levels.

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About Womble Bond Dickinson
Womble Bond Dickinson is a transatlantic law firm with more than 1,000 lawyers based in 32 U.K. and U.S. office locations serving clients across every business sector. The firm provides core legal services including Commercial; Corporate; Employment; Dispute Resolution and Litigation; Finance: Banking, Restructuring, Insolvency; IP, 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 (UK) LLP and Womble Bond Dickinson (US) LLP. Each of Womble Bond Dickinson (UK) LLP and Womble Bond Dickinson (US) 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.

WASHINGTON, D.C. (September 25, 2023) – Womble Bond Dickinson announced today that Kristina M. Moore has joined the firm’s Business Litigation group as a partner in Washington, D.C. Operating at the center of law, politics, and the media for over 20 years, Moore advises highly regulated industries with a focus on policy and legal challenges that have gained the attention of the national news media and policymakers on Capitol Hill. She leverages nearly 15 years of experience in Congress to advise Fortune 500 companies facing Congressional inquiries as well as litigation into toxic tort matters and has counseled clients through unique bet-the-company crises and challenges.

“Kristina is a talented, multi-faceted advisor with an impressive track record of successful engagements in areas that are strategically important to the firm, including government relations and investigations,” said Chris Jones, who leads the Business Litigation Practice Group and serves on the firm’s Global Board. “Her deep experience and diverse skill set will benefit clients as they navigate the evolving legal challenges raised in regulatory oversight and enforcement.”

Prior to joining Womble, Moore was a managing director in the Strategic Communications practice at FTI Consulting. As founder and director of their Congressional Oversight & Investigations practice, she advised clients under Congressional investigation on both government affairs and communications strategies. Moore also led the Industrials practice in delivering strategic and crisis communication services to Fortune 500 companies facing complex reputational challenges and a team of Crisis and Litigation communications professionals that helped clients targeted by federal and state attorneys general investigations, as well as mass tort litigation.

“I’m thrilled to be joining Womble, a highly respected law firm that aggressively invests in its professionals and practice groups,” said Moore. “The culture at Womble is dynamic and entrepreneurial – exactly the combination I was looking for. I’m excited to expand the firm’s capabilities to support clients in their time of crisis, leveraging both my experience as a Congressional investigator and a crisis communicator.”

During her time as a lead investigator in Congress, Moore focused on energy and environmental policy, leading investigations into the Deepwater Horizon Oil Spill, Solyndra, as well as the impact of government bureaucracy on entrepreneurship and job creation. Her government and government relations experience includes senior roles with the Committee on Oversight and Government Reform, Senate and Environment and Public Works Committee, National Automobile Dealers Association, and Alliance of Automobile Manufacturers.

This addition reflects continued momentum for the firm’s Business Litigation group, which has welcomed 35 lawyers in the last year, including partners Liz Campbell (Atlanta), Patricia Cymerman (Los Angeles), Ana Maria Gutiérrez (Denver), Edward Kim (Irvine, California), Carol Lee (Washington, D.C.), Tomio Narita (San Francisco), Joe Patella (New York City), Harry Rimm (New York City), Mariam Tadros (Tysons, Virginia), Jeff Topor (San Francisco), and Lee Van Voorhis (Washington, D.C.).

RALEIGH, N.C. (September 25, 2023) – Womble Bond Dickinson announced today that Hideki Akiyama has joined the firm’s Corporate & Securities group in Raleigh. A trusted advisor to Japanese companies doing business in the U.S., Akiyama focuses his practice on mergers and acquisitions, general corporate matters, labor and employment matters, and dispute resolution. He grew up, studied, and has worked in the U.S. and Japan and is well-versed in the cultural and structural differences of doing business in both countries.

“Hideki is a great fit for our Corporate & Securities and Japan practices,” said Jamie Francis, Leader of the firm’s Corporate & Securities Practice Group. “He understands that being a cross-border attorney involves more than providing legal guidance – you must help your clients navigate unfamiliar markets and legal systems to find solutions that meet their business goals.”

Akiyama has represented Japanese and U.S. companies in dispute resolution matters and arbitration proceedings before various tribunals, including the Japan Commercial Arbitration Association, the International Chamber of Commerce, and the Singapore International Arbitration Centre. He has also worked for Japanese and U.S.-listed companies in cross-border energy and infrastructure projects.

This addition reflects continued momentum for the firm’s Corporate practice, which has welcomed a string of notable partners this year, including Paul Afonso (Boston), Scot Anderson (Denver), Tracy Bacigalupo (New York City), Marcantonio Barnes (Tysons, Virginia), Al Broadbent (Charlottesville, Virginia), Doug Butler (Atlanta), Rich Cameron (Washington, D.C.), Howard Herndon (Nashville), Cherylyn Harley LeBon (Tysons), and David Vance Lucas (Huntsville, Alabama).

Akiyama joined Womble from the Tokyo office of Atsumi & Sakai, where he was a partner and led their Cross-Border M&A Group. He graduated from Duke University School of Law and received his LL.B. from Keio University Faculty of Law.

Legal departments are increasingly under pressure to do more with less: 70% report higher matter volumes, yet 66% say that their budgets are flat or declining. While new technologies, including AI, could help improve efficiencies, legal departments say they are facing what the report terms a “technology conundrum.”

Increasing use of technology is a high priority for legal departments with a majority of general counsel (57%) saying that leveraging technology automation is one of their top cost-control strategies. As a result, using technology to improve workflow efficiency is their second-highest priority, ranking behind controlling outside counsel costs. However, only 32% of legal departments’ budgets for legal technology are increasing.

“Corporate legal departments continue to face challenges in making the up-front investments in technology needed to keep pace with expanding workloads,” said Laura Clayton McDonnell, president of the Corporates segment for Thomson Reuters. “Efficiency is more paramount than ever as the volume of work continues to increase, and many legal departments are seeking to bring more work in-house. Technologies, including AI, can not only improve efficiency, but potentially position legal departments to move from being cost centers to growth enablers by assisting in the development of new products and services.”

As far as which technologies legal departments value, e-billing and spend/matter management software rated as the most valuable, followed by e-signature, litigation hold, and legal research. The Future of Professionals Report found that 60% of legal professionals believe AI will result in corporate legal departments moving more work in-house over the next five years, owing to improved efficiency and reduced costs. However, legal professionals also have concerns about AI, including the accuracy of outputs and the need for regulation to govern the ethics of AI.

Legal departments also are conflicted about return-to-office policies, seeking to balance the benefits of face-to-face interaction with the autonomy and flexibility of remote working. However, the decision may be largely out of their hands, as 54% of legal departments say their policies are set by the broader organization.

Download a copy of the 2023 Legal Department Operations Index here: https://legal.thomsonreuters.com/en/insights/reports/legal-department-operations-index-eighth-edition-2023/

TORONTO (September 20, 2023) – Barry Kuretzky and George J.A. Vassos, partners in the Toronto office of Littler LLP, the world’s largest employment and labour law practice representing management, have been recognized in the 2024 edition of The Best Lawyers in Canada™ in Labour and Employment Law.

Lawyers on The Best Lawyers in Canada list are divided by geographic region and practice areas. They are reviewed by their peers based on professional expertise and undergo an authentication process to make sure they are in current practice and in good standing.

Barry Kuretzky has been an acknowledged resource on Canadian employment and labour law for over four decades. He brings creative solutions to business-critical decisions and his distinctive legal knowledge guides clients across the employment spectrum, from hiring to termination. Kuretzky has gained particular experience counseling clients in the labour relations area, which includes collective bargaining, union organizing drives, certification and decertification of unions, grievances and arbitrations. Additionally, Kuretzky has been quoted significantly in the press on Canadian labour and employment issues by Canadian Employment Law Today, SHRM, Human Resources Director Canada, among others, and has been consistently recognized by the Canadian Legal Lexpert Directory as one of the country’s top lawyers for over 25 years.

George J.A. Vassos has practiced employment law for 40 years, providing strategic and proactive advice to a wide variety of clients on the full spectrum of employment law issues, including hiring, terminations, reductions in force, wrongful dismissal, lay-offs, employment contracts, group insured benefits and ADR, among others. In addition to being listed by Best Lawyers, Vassos has acted as an expert witness and media commentator, and has been consistently recognized in the industry as a leading employment lawyer in Canada by Canadian Legal Lexpert Directory (over 25 consecutive years) and Chambers Canada (five consecutive years). He publishes extensively on employment law issues including statutory and case law developments and was also recognized as a 2022 thought leader in employment law by JD Supra.

Additionally, more than 230 Littler lawyers were recently included in the 2024 edition of The Best Lawyers in America®, and over 180 Littler attorneys were featured in the 2024 edition of Best Lawyers: Ones to Watch® in America.

About Littler

With more than 1,800 labour and employment attorneys in offices around the world, Littler provides workplace solutions that are local, everywhere. Our diverse global team and proprietary technology foster a culture that celebrates original thinking, delivering groundbreaking innovation that prepares employers for what’s happening today, and what’s likely to happen tomorrow. For more information, visit www.littler.com.

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DENVER (September 13, 2023) – Building on a year of unprecedented expansion, Womble Bond Dickinson planted a flag in the Mile High City with the addition of prominent partners Scot Anderson and Ana Maria Gutiérrez in Denver. Formerly with Hogan Lovells, they bring extensive regulatory and transactional experience and further strengthen the firm’s Energy and Natural Resources and Environmental Regulation, Disputes, and Litigation practices.

“For the last several years, Womble has been executing a strategic plan to build offices and teams in markets powering the future of key industries like energy, financial services, technology, and life sciences. As a leading innovation center and fast-growing legal market, Denver has long been at the top of that consideration set,” said Betty Temple, Womble’s CEO and Chair (U.S.). “Given our strength in the Energy and Natural Resources sector – and this group’s impressive credentials and long-standing work in the market – this was an ideal foundation to build our presence in the Mountain West.”

Denver is the firm’s 32nd office internationally and its fifth U.S.-based opening in the last 18 months. Anderson, who has decades of work in oil, gas, and mining and a deep understanding of the extractives industries, will serve as office managing partner. Details of the office’s location will be announced later this year.

“We are excited to launch the firm’s Denver office and guide its continued growth from a market where we have strong practices and connections to the business and legal communities,” said Anderson. “We were impressed with Womble’s collaborative culture, full-service practice offerings, and competitive rate structure – all of which translate to a strong platform to serve clients. We also appreciate Womble’s focus on innovation in both business and the law, which fits nicely with the evolution of the energy and natural resources industries.”

“Colorado is ground zero for some of the most progressive environmental regulations in the country. As energy transition and regulatory frameworks continue to be key issues for years to come, Womble’s presence in Denver and subsequent practice expansions will position us to provide the support clients need in the present and into the future,” said Gutiérrez.

Anderson is the former head of the global Energy and Natural Resources industry sector at Hogan Lovells and the past president of The Foundation for Natural Resources and Energy Law (formerly the Rocky Mountain Mineral Law Foundation). His extensive experience spans commercial transactions, financing, project development finance, regulatory compliance, permitting, ESG, and litigation. Anderson regularly advises clients throughout the Americas, Europe, Australia, Africa, and Asia and is working on the development of natural resources in outer space. He received a J.D. from the University of Iowa College of Law, Ph.D. from the University of Colorado, M.A. from the University of Iowa, and B.A. from Augustana College.

Gutiérrez is recognized for her knowledge of environmental, regulatory, and permitting issues affecting many industries, including energy and natural resources, manufacturing, food and beverage, pharmaceuticals, and waste management, among others. She counsels companies in the implementation of compliance programs, climate initiatives, and transactional due diligence across a range of environmental issues relating to the Clean Air Act, the Clean Water Act, public lands, the National Environmental Policy Act, the Endangered Species Act, the Pipeline and Hazardous Materials Safety Administration regulations, and other federal environmental statutes and regulations. Gutiérrez received a J.D. from the University of Denver Sturm College of Law and B.A. from Seattle University.
Womble’s Energy and Natural Resources sector is a global, multi-disciplinary practice of more than 150 lawyers skilled in addressing clients’ transactional, intellectual property, regulatory, and litigation needs as they navigate the challenges and complexities of the energy transition. Their experience covers the broad spectrum of subsectors, including all segments of the oil and gas industry, mining and minerals, renewables, electricity generation and transmission, water and related infrastructure, and commodities and trading.
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About Womble Bond Dickinson
Womble Bond Dickinson is a transatlantic law firm with more than 1,000 lawyers based in 32 U.K. and U.S. office locations serving clients across every business sector. The firm provides core legal services including Commercial; Corporate; Employment; Dispute Resolution and Litigation; Finance: Banking, Restructuring, Insolvency; IP, 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 (UK) LLP and Womble Bond Dickinson (US) LLP. Each of Womble Bond Dickinson (UK) LLP and Womble Bond Dickinson (US) 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.

CHICAGO (September 11, 2023) – Barnes & Thornburg announced today that Eric A. Berg has joined the firm’s Chicago office as a partner in the Litigation Department. Berg is the latest addition to the firm’s Chicago office, following Aaron Gavant and Kenneth P. Kansa, who joined the Finance, Insolvency and Restructuring Department; Jeremy Lewin, who rejoined the Corporate Department; and William V. Essig, who joined the Litigation Department earlier this year.

Berg comes to Barnes & Thornburg from an AmLaw 100 firm, where he led the nationally ranked Construction Law practice.

Berg brings over 30 years of experience litigating and providing counsel on a wide breadth of construction law issues. As a litigator, Berg represents owners, contractors, subcontractors, architects, engineers, and lenders in trials, arbitrations, and mediations. Berg’s transactional work includes drafting and negotiating contracts for the design, construction, rehabilitation and construction management of hotels, hospitals, office buildings, apartment buildings, casinos, transit facilities, private residences, retail stores, and distribution centers.

Formerly a deputy general counsel for a large U.S. provider of dredging services, Berg has provided counsel on contract drafting, extras claims, payment disputes, mechanics liens, labor and employment matters, compliance issues, personal injury and workers compensation, public contracts, real estate transactions, insurance and risk management, and surety and bond questions.

“Eric’s in-house experience gives him a unique understanding of his clients’ day-to-day legal needs and the pressures facing the construction industry,” said D. Randall Brown, chair of Barnes & Thornburg’s Litigation Department. “His diverse range of industry knowledge and his calm, thoughtful demeanor in the courtroom make him a fantastic addition to our team.”

In addition to his litigation and transactional practice, Berg investigates, negotiates and litigates disability access claims under federal, state and local laws, including Title III of the Americans with Disabilities Act (ADA), the federal Fair Housing Amendments Act, and the Chicago Building Code.

“We’re in a period of exciting growth here in Chicago,” said Michael A. Carrillo, managing partner of Barnes & Thornburg’s Chicago office. “Eric marks our fifth addition to the Chicago office this year, and we’re pleased to bring him into the fold and continue to offer our clients access to top talent in the local market and across the U.S.”

Berg earned his J.D. from Northwestern University Pritzker School of Law and his B.A. in political science from Yale University.
With more than 800 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, Nashville, New Jersey, New York, Ohio, Philadelphia, Raleigh, Salt Lake City, South Florida, Texas and Washington, D.C. For more information, visit us online at www.btlaw.com or on Twitter @BTLawNews.

September 6, 2023 – Wiggin and Dana’s wiggin(x)® division today announced the launch of goldilo(x), a tailored suite of outsourced general counsel services for emerging growth companies. wiggin(x) collaborates with each goldilo(x) client to deploy attorneys who can deliver specific legal services that align with the client’s needs and budget.

goldilo(x) offers a variety of options organized in several broad tiers:

Tier 1: Corporate Housekeeping – Clients are provided a Wiggin corporate partner and paralegal to provide counsel at quarterly board meetings and administrative support for corporate governance administration.

Tier 2: Outsourced General Counsel – In addition to corporate housekeeping services, this tier includes a multi-disciplinary team of Wiggin and Dana partners to provide counsel regarding corporate governance, commercial and technology transactions, trademark management, labor, employment, and benefits, and other services commonly managed by in-house attorneys.

Tier 3: Reporting Company Support – Partners from Wiggin and Dana’s Securities and Capital Markets group team up with publicly listed companies in this tier to help them meet their reporting requirements, reviewing and revising SEC forms and filings, proxy statements, releases and conference call scripts regarding quarterly financial results, and managing other listing and compliance issues.

Clients may also work with wiggin(x) to craft a “just right” suite of services that meets the unique needs of the client, whether serving an internal legal team that needs a specific skill set, or to fill out specialties that a lone in-house lawyer may not have.

“We know that growing businesses are eager for a managed legal services solution like goldilo(x),” said Len Gray, a wiggin(x) founder and partner with Wiggin and Dana. “They want to pick up the phone and ask for help without worrying about running up their legal bills. We aim to create value for our clients by delivering an outsourced legal team that can fill the role of a full-service general counsel’s office.”

“We built the wiggin(x) platform to demonstrate the intense focus and broad range of partner-level experience we bring to emerging companies, and how we align our insights and counsel with the world in which our clients operate their businesses,” said Paul Hughes, former Wiggin and Dana managing partner and a wiggin(x) founder and partner. “goldilo(x) is the first tailored suite of services we are offering on the platform, and we have already seen excellent results across its scope of service. We are excited to expand its reach to a broader range of emerging companies.”

In addition to the specific goldilo(x) offering, wiggin(x) provides a full range of services in areas that matter most to emerging companies, including M&A, intellectual property, licensing and tech transfers, employment, immigration, tax, fund formation, international trade compliance, dispute resolution, commercial contracting, and real estate. Learn more at www.wigginx.com.

Wiggin and Dana has served emerging, high-growth and venture-backed businesses for decades. In its 2022 Annual Global League Tables, Pitchbook once again recognized Wiggin and Dana as among the most active law firms in venture capital transactions. Pitchbook listed Wiggin and Dana among the most active firms in representing U.S.-based venture backed companies generally as well as for venture capital transactions in New England and in the Southeast. Pitchbook also recognized the firm for its work with companies in the Healthcare Devices and Supplies sector.

Launched in November 2022, wiggin(x) is a division of Wiggin and Dana designed to meet the specific needs of emerging and high growth companies, their investors, and their founders. The wiggin(x) brand reflects how its lawyers collaborate with clients. As former startup founders, GCs of venture-backed companies, and investors themselves, the wiggin(x) team understands the challenges their clients face every day, and has the experience required to guide clients to creative solutions.

“Wiggin and Dana is among a small group of law firms serving clients with an independent brand tailored to the unique needs of emerging companies, founders and venture investors, and an even smaller group of firms offering anything resembling goldilo(x),” said Tim Diemand, Wiggin and Dana’s managing partner. “With goldilo(x), the wiggin(x) team has crafted an offering that will deliver significant value to its clients. We are proud to be a firm where our lawyers innovate to better meet the needs of clients in a rapidly evolving marketplace.”

About Wiggin and Dana

Wiggin and Dana is a full-service law firm of highly talented, creative and experienced lawyers dedicated to exceeding our clients’ expectations every day. With offices in Connecticut, New York, Philadelphia, Washington, DC, and Palm Beach, we represent clients throughout the United States and globally on a wide range of sophisticated and complex matters. From defending a Fortune 500 institution in “bet-the-company” litigation, to helping the next generation of inventors bring a new technology to market, to preserving the wealth that a family business has worked so hard to create, we pride ourselves in offering value driven solutions and results.

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Adrienne Gurley, Former SEC Enforcement Attorney and Assistant U.S. Attorney, Joins Venable’s Investigations and White Collar Defense Practice in Los Angeles
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LOS ANGELES, Calif. (September 5, 2023) – Venable LLP is pleased to announce that Adrienne Gurley has joined the firm as a partner in the Investigations and White Collar Defense Practice in the Los Angeles office.

Warren Hamel,chair of the firm’s Investigations and White Collar Defense Practice, said, “Adrienne brings a wealth of knowledge and experience with how government agencies operate, which is crucial to our clients who are faced with investigations by the SEC, DOJ, FTC, and other federal and state agencies.”

Ms. Gurley most recently served as senior counsel for a large financial institution, where she was the head of litigation for the private bank. She focused on conducting internal investigations and advising the enterprise on fraud, regulatory, ethics, compliance, Bank Secrecy Act/Anti-Money Laundering, Office of Foreign Assets Control (OFAC), data and privacy governance, and global employee relations matters.

Prior to this, she was senior counsel at the U.S. Securities and Exchange Commission (SEC), where she investigated and prosecuted federal securities law violations, including market manipulation, EB-5 visa program fraud, cryptocurrency, financial fraud, cybersecurity and data breach, offering fraud, Foreign Corrupt Practices Act, and insider trading. She was an assistant U.S.Attorney with the U.S. Attorney’s Office for the District of Columbia, where she represented the United States in briefing 12 cases and presenting four appellate oral arguments in the U.S. Court of Appeals for the District of Columbia Circuit and District of Columbia Court of Appeals. In addition, she served as lead prosecutor in 57 criminal trials, including 15 felony jury trials, in the District of Columbia Superior Court. Earlier in her career, Ms. Gurley was an associate with an international law firm, where she represented pharmaceutical companies and technology companies in complex false labeling, unfair competition, and patent infringement cases.

“We continue to grow our Los Angeles office through the strategic acquisition of new talent. Adrienne, who brings a unique and coveted set of skills, will add value to our existing client baseand attract new potential clients,” said Daniel P. Hoffer, a co-chair of the Commercial Litigation California Practice Group and a co-partner-in-charge of the Los Angeles office.

Commenting on her move to Venable, Ms. Gurley said, “I am excited about the opportunity to join Venable and look forward to supporting the firm’s current work in the investigations and white collar defense space, as well as expanding our reach in the LA market.”

Ms. Gurley received her J.D. from Howard University School of Law, her M.A. from John Jay College of Criminal Justice, and her B.A. from Columbia University. She also earned a certificate in Securities and Financial Law from Georgetown University Law Center.

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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, in California, Delaware, Florida, 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/.

Buchalter is delighted to welcome Christopher Rogers as a Shareholder in its Scottsdale office and as a member of the Corporate Practice group.

“Chris brings a wealth of knowledge and experience to our corporate team and I am thrilled to welcome him to our Scottsdale office,” said Adam Bass, President and Chief Executive Officer of Buchalter. “Arizona is an important market for us, and Chris and his practice perfectly align with our strategic growth plan in Arizona and the firm at large.”

Rogers is a highly regarded corporate attorney known for his prowess in handling complex business transactions. He focuses his practice on corporate, securities, mergers and acquisitions, real estate finance, and all kinds of business transactions. He regularly represents investors and companies through securities offerings and other finance and capital transactions as well as advising them through day-to-day legal issues.

His clients include investment funds, managers, founders and entrepreneurs, growing and mature companies and partnerships, and others in industries as diverse as real estate, technology, agriculture, energy, food service, financial technology, manufacturing, emerging industry, finance, entertainment, and others. Chris brings a wealth of experience in advising businesses and their management from their founding steps through exit, and all along the way.

“Joining Buchalter offers me an exciting opportunity to take advantage of the firm’s stellar reputation in the corporate legal landscape. I am eager to work with this talented team to deliver comprehensive legal solutions to our clients,” said Rogers.

Beyond his legal practice, Rogers is a leader in the M&A community. He is President of the Association for Corporate Growth-Arizona Chapter, where he has been a long-time member of the Board of Directors. He also actively supports entrepreneurship within the startup ecosystem with involvement in organizations like the Arizona Technology Council, Invest Southwest, and Venture Madness. His dedication to leadership is evident in his executive positions within the State Bar of Arizona, specifically as Chair of the Business Law and Securities Regulation Sections.

Rogers joins Buchalter’s Scottsdale office soon after the recent additions of Shareholder Chris Mason and Senior Counsel Christine Claffey in June. Chris is a member of the Labor & Employment Practice Group and Christine joins the Real Estate Practice Group. Since opening in Arizona almost twenty years ago, Buchalter has experienced substantial growth in both Arizona and the West with 30 attorneys in Scottsdale.

“We are excited to have Chris join us,” added Craig Cartwright, Managing Shareholder of Buchalter’s Scottsdale office. “His expertise along with the recent additions of Chris and Christine further strengthens our commitment to excellence in the local Arizona market, and we look forward to their contributions as we continue to expand and enhance our team.”

ORLANDO, Florida – ILTACON 2023 – August 22, 2023 — DISCO, a leader in AI-enabled legal technology, announced today the launch of AI Timelines as part of DISCO Case Builder. AI Timelines is a new feature designed to automatically generate timelines by uploading preexisting legal documents including formal complaints, review protocols, or internal memos. AI Timelines is intended to automate previously tedious and time-consuming tasks in order to facilitate the handling of complex client disputes, allowing legal professionals to focus more on the work that matters the most.

DISCO recently announced that Cecilia has been made available to a select group of customers in private access ahead of general availability later this year. DISCO Cecilia is an industry-first solution designed to combine the latest advances in large language models, natural language processing and generative AI, in order to significantly improve ediscovery and legal review processes. Cecilia should accelerate insights and allow attorneys to interrogate their evidence — literally — to determine the more compelling facts of their case, providing answers to natural language questions along with supporting documents.

“DISCO has been at the forefront of developing cutting-edge solutions that help drive efficiencies and deliver better outcomes. Through our AI innovation lab, we have spent years developing new technologies directed at a variety of legal use cases, and we are committed to bringing real and sustainable AI to the industry,” said Kevin Smith, DISCO’s Chief Product Officer. “We’ve been hearing more from clients and prospects who are looking to understand how they can integrate generative AI into their businesses. With Cecilia and our other exciting products, DISCO is envisioning a future where lawyers can assess facts and evidence in a much more efficient and precise way.”

Legal professionals at ILTACON looking to learn more about DISCO’s evolving AI-enabled platform as well as ways to speed up your legal workflows and fact management, can visit booth #315 or sign up for an on-site executive briefing. Visit csdisco.com/iltacon to learn more.

ANN ARBOR (August 21, 2023) – Barnes & Thornburg announced today that Joseph R. Morrison Jr. has joined the firm’s Southeast Michigan office as a partner in the Corporate Department. Joe is the latest addition to Barnes & Thornburg’s Corporate Department this year, following Laurian Cristea in New York and Raleigh, M. Shams Billah in New York, Jay Knight and Taylor Wirth in Nashville, and Kevin DiDio, also in Southeast Michigan.

Joe serves as outside general counsel for entrepreneurs, investors, and high-growth companies located throughout the United States, helping them navigate legal and business challenges. He also advises on technology and intellectual property licensing, venture and institutional financing rounds, governance matters and employment and real estate issues.
Joe joins Barnes & Thornburg from a large Michigan-based law firm.

“With first-hand experience in technology and high-growth businesses, Joe is a fantastic resource for entrepreneurs looking to grow and scale their companies or those looking to invest in emerging companies,” said David Gotlieb, Chair of Barnes & Thornburg’s Corporate Department. “He also has an impressive background in negotiating sophisticated transactions, making him a well-rounded addition to our team.”

Before private practice, Joe was an information technology (IT) consultant for an international business consulting company and corporate counsel and consulting manager for a Michigan-based IT startup.

An active member of the venture community in Michigan and across the country, Joe regularly presents to startup groups and students of the University of Michigan on legal issues facing high-growth companies and entrepreneurs.

In addition to the firm’s Southeast Michigan office, Joe will be spending time in the firm’s Los Angeles office to support clients on the West Coast.

“Joe is the second corporate partner to join our Southeast Michigan office this year as we continue to prioritize our office’s growth in this area,” said Robert Stead, partner-in-charge of Barnes & Thornburg’s Southeast Michigan office. “We look forward to leveraging Joe’s strong presence in the community to bolster our relationships and offerings in Michigan and across our national platform.”

Joe earned his J.D. from the University of Michigan Law School and his B.S. in business administration from the University of Richmond Robins School of Business.

With more than 800 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, Nashville, New Jersey, New York, Ohio, Philadelphia, Raleigh, Salt Lake City, South Florida, Texas and Washington, D.C. For more information, visit us online at www.btlaw.com or on Twitter @BTLawNews.

BALTIMORE (August 16, 2023) – Womble Bond Dickinson today announced that Eryn Brasovan has joined its Baltimore office as a partner. She has extensive experience encompassing a variety of transactional and regulatory matters related to the financial services and insurance industries, including consumer and commercial lending, mergers and acquisitions, regulatory compliance and risk management, and litigation and dispute resolution.

“Eryn represents our ongoing commitment to adding the best talent that advances the interests of our clients and the firm,” said Barry Herman, Managing Partner of the Baltimore office. “Her experience as in-house counsel translates to an invaluable perspective and understanding of the unique intersection of business and the law, and we are excited for her bright future with us.”

Merrick Benn, Womble’s Vice Chair and Capital Markets Practice Group Leader, added: “Eryn’s background makes her a key addition to our insurance premium finance practice as we continue to expand our specialty lending and broader transactional capabilities.”

Prior to joining the firm, Brasovan was general counsel for one of North America’s largest insurance premium finance lenders (by amount financed) for nearly 15 years. In that role, she interacted directly with federal and state regulators, including the Office of the Comptroller of Currency, Department of Treasury, Consumer Financial Protection Bureau, and state banking and insurance examiners and licensing agencies.
“As an international firm with full-service capabilities, I knew Womble was the ideal platform to further develop my practice. The firm’s innovative solutions and commitment to excellence resonate deeply with my values, and I look forward to contributing to the growth and success of Womble’s accomplished team,” said Brasovan.

Brasovan has served for over a decade as the member-elected president of the National Premium Finance Association, a not-for-profit corporation that serves as the national trade association for property and casualty insurance premium finance lenders. She graduated from DePaul University College of Law and received her B.S. from Indiana University Bloomington.

Text Messages Are NOT Prerecorded Voice Messages

​On August 8, 2023, the Ninth Circuit Court of Appeals issued a major win for both Telephone Consumer Protection Act (“TCPA”) defendants and the industry at large. In Trim v. Reward Zone USA LLC, the Plaintiff set forth the novel argument that the text messages she received violated the prerecorded voice restrictions contained in the TCPA. TCPA plaintiffs have demonstrated increased creativity in their TCPA cases following the U.S. Supreme Court’s decision in Facebook, Inc. v. Duguid. Readers will recall that in Facebook, the Supreme Court narrowed the TCPA’s definition of what constitutes an automatic telephone dialing system (“ATDS”). In Trim, Plaintiff set her sights on the last clause of 47 U.S.C. § 227(b)(1)(A), which prohibits calls made using “an artificial or prerecorded voice.”

In a case of first impression for the circuit courts, the Ninth Circuit held that the text messages at issue did not contain prerecorded voice as contemplated by the TCPA because they did not include audible components. In representing the Defendant in this action, the ruling is a major victory for Klein Moynihan Turco on behalf of not only Reward Zone, but the entire telemarketing industry, as it closed a path to TCPA liability that plaintiffs had begun to explore.

The Prerecorded Voice Analysis in Trim

​In Trim, the Ninth Circuit decided two distinct issues, namely whether the disputed text messages: 1) were sent using an ATDS; and/or 2) utilized prerecorded voice. On the first issue, the Court found that Plaintiff’s ATDS arguments were foreclosed by binding Ninth Circuit precedent and, thus, had been properly dismissed by the lower court. On the second issue, the Court held that the alleged text messages did not use prerecorded voice and, thus, did not implicate section 227(b)(1)(A) of the TCPA.

The TCPA does not define “artificial or prerecorded voice.” It was due to this lack of a statutory definition that Plaintiff sought to fill the void by arguing for an “idiosyncratic” definition of voice as “an instrument or medium of expression.” However, the Court disagreed that such an esoteric definition is appropriate given the facts at issue. Using “traditional tools of statutory interpretation,” the Court began its analysis by turning to the ordinary meaning of the word “voice” at the time that Congress enacted the TCPA. It found that ordinary definitions of “voice” integrate audible sound and that, as a result, the most natural understanding of “voice” is the sound produced by one’s vocal system.

The Court also analyzed the broader context of the TCPA to conclude that prerecorded voice does not encompass text messages. Specifically, the Court drew heavily from the fact that Congress utilized the word “voice,” as typically used, elsewhere in the TCPA. For example, § 227(e)(8)(A)) defines “caller identification information” as “information regarding the origination of . . . a call made using a voice service or a text message sent using a text messaging service.” The Court noted that if voice calls included text messages, Congress’ inclusion of the term “text message” later in the sentence was unnecessary. That Congress understood how to distinguish voice from text messages in one part of the statute ultimately meant that it could not have intended to have “voice” include text messages in another part of the statute.

Based on ordinary meaning and statutory context, the Court determined that “voice,” as contemplated by the TCPA, does not allow for an interpretation that would otherwise extend to text messages. Accordingly, the subject text messages could not possibly have implicated the § 227(b)(1)(A) restriction on “prerecorded voice” messages. In so finding, the Ninth Circuit comprehensively rejected Plaintiff’s attempt to broaden the definition of prerecorded voice to include text messages.

Why Does Trim Matter to Your Business?

​As previously mentioned, the Facebook decision has made filing claims under the TCPA more complicated for plaintiffs. Specifically, many TCPA plaintiffs are having difficulty establishing that equipment employed by a defendant qualifies as an ATDS. Because of this, plaintiffs are relying on other, less commonly utilized, provisions of the statute. Trim is an example where an enterprising plaintiff attempted to contort the plain language meaning of “voice” as used in the TCPA, in order to significantly expand the potential scope of liability for text messages under the statute.

Fortunately for the industry, the Ninth Circuit agreed with arguments that we submitted on behalf of Reward Zone insofar as the ordinary definition of “voice” is concerned. While extremely favorable to the telemarketing industry at large, the Trim decision does not mean that businesses do not need to continue to prepare themselves for incoming lawsuits filed under other provisions of the TCPA.

Given the ever-changing landscape of TCPA litigation, it is important that businesses regularly consult with experienced telemarketing law counsel. Our attorneys have defended countless lawsuits filed under different provisions of the TCPA. Trim is one of many cases in which we have prevailed on behalf of our clients.

If you are interested in working with attorneys who can help your business with all of its telemarketing law needs, please email us at info@kleinmoynihan.com or call us at (212) 246-0900.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.