Fears Nachawati Adds Three Lawyers to Firm

Dallas-based Fears Nachawati announced the addition of three new attorneys.

Misty Farris has a background as an appellate and legal briefing attorney and works with the firm’s pharmaceutical and medical device litigation.

Ann Saucer is a litigator with experience in consumer protection, class-actions, environmental law, toxic torts, and pharmaceutical litigation.

Amy Shahan briefs substantive trial court motions and responses and litigates claims on behalf of victims who have used or been exposed to toxic substances, defective products, and pharmaceuticals.

Read more about Fears Nachawati.

 

 




Join Sally Yates at NACD’s 2019 General Counsel Event

National Association of Corporate DirectorsThe National Association of Corporate Directors will present the 2019 Strategic-Asset GC event, taking place Tuesday, June 11, at the Metropolitan Club in New York City.

The event will feature an expert panel that will include former U.S. deputy attorney general Sally Yates. Participants will learn about revisions being made to the Yates Memo and how those revisions will apply to board members specifically. The discussion will also include information about legal blind spots that general counsel and directors need to be aware of, as well as a poignant discussion around the bigger picture of corporate responsibility and culture.

Learn more and register.

 

 




Download: Ethics & Compliance Hotline Benchmark Report

NAVEX Global has published the 2019 Ethics & Compliance Hotline Benchmark Report and made it available for downloading at no charge.

“One simple act of documenting open-door conversations and emails allows you to capture and address employee concerns more effectively,” the company says on its website.

The report includes statistics on:

  • Case Closure Times
  • Harassment Reporting Trends
  • Anonymous Reporting Statistics
  • % of Reports Substantiated

Download the report.

 

 




Webinar: The Role of In-House and External Counsel in Managing Open Source

WebinarFlexera will present a complimentary webinar discussing the role of in-house and external counsel in managing open source software in the business environment.

The event will be Thursday, April 18, 2019, at 9 a.m. PT / 11 a.m. CT / 12 noon ET.

“Having some best practice guidelines that more clearly define your role and help you guide companies through license compliance and risk management only reinforces and bolsters one of your most important responsibilities as a legal advisor,” the company says in its invitation.

Speakers will be Amy Chun, partner in Knobbe Martens, and Marty Mellican, vice president and associate general counsel of Flexera.

Register for the webinar.

 

 




NAVEX Global: Reports of Harassment Continue to Increase in Wake of #MeToo

Leading ethics and compliance software and services company NAVEX Global announced the release of its 2019 Ethics & Compliance Hotline Benchmark Report. The report, which includes the first full year of results since the #MeToo era began, shows an overall 18 percent increase in harassment reports during 2017 and 2018 with 41 percent of these reports substantiated.

“These findings reflect strong growth in the number of employees willing to speak out against harassment – and they should serve as notice to employers that #MeToo is a fundamental shift in employees’ willingness to tolerate harassment,” said Carrie Penman, chief compliance officer and senior vice president, Advisory Services, NAVEX Global. “That said, the problem of harassing conduct is larger than these numbers reflect as many employees still fear reporting. Failed cultures, ineffective internal processes, fear of retaliation and lack of leadership support will continue to result in numbers that do not reflect the true pervasiveness of workplace harassment.”

In addition to claims of sexual harassment, employees are also reluctant to raise reports of retaliation when they lack trust in internal processes. “Reports of retaliation remain extremely low in comparison to the trends we are seeing in external reporting to government agencies,” said Penman. “The gap between internal and external retaliation reporting should be concerning to all boards, executives and compliance professionals. It is time to focus the attention and resources needed to identify, address and prevent retaliatory behaviour.”

The report also found a substantial 18 percent increase in discrimination reports in 2018. However, the substantiation rate of these cases remains significantly lower than the overall case substantiation rate of 29 percent. This is likely because discrimination claims, like retaliation claims, are often based on perceived behaviour rather than on a clear statement or evidence, making these types of cases more difficult to prove.

The 2019 hotline report is the first in which NAVEX Global received and analysed over 1 million employee reports in a single year. One of the key findings is that availability and tracking of all report intake methods matters. Organizations that offer and track the full range of intake methods (hotline, web, open door, etc.) show a much higher reporting rate than do organizations that track only phone and web: 2.1 per 100 employees versus 1.1 per 100. Organizations in the latter category are missing a significant percentage of concerns and risks that employees could be raising.

Finally, this year’s hotline benchmark report included several other results that organizations should consider as they look to improve their own programs.

•Follow-ups to anonymous reporting dropped to a disappointing level, from a median 32 percent in 2017 to 20 percent in 2018. This is particularly striking given that overall report substantiation for anonymous reporters remained high at 38 percent, only slightly lower than the overall rate of 42 percent. “More than half of reports received on hotlines are made by anonymous reporters, so employee failure to follow up on those reports can impact the ability to successfully resolve an issue,” said Penman.

•There was some improvement in case closure time with a median rate of 40 days in 2018, compared with 44 in 2017 and the all-time high of 46 days in 2015. But the 2018 median was still far higher than a best-practice average of 30 to 32 days. Given that employees can become cynical if reports aren’t handled promptly, these findings show that many organizations should review their case-handling and investigation procedures, while also consulting with senior leadership about gaps in available resources.

•Reports made to hotlines that were inquiries, not allegations, decreased to an all-time low of 15 percent. Accepting questions before action is taken is the best way to avoid a problem later. Organizations should encourage employees to use the hotline as a helpline that can offer advice and assistance – and not just a place to file reports.

NAVEX Global will present a webinar covering the survey results. The full 2019 Hotline Benchmark report will be available for download during the webinar.

 

 




Reichman Jorgensen Opens in DC With ITC Leader From Finnegan

Christine Lehman

Reichman Jorgensen has opened a new office in Washington, D.C., and named Christine Lehman as managing partner of the office.

An article in The American Lawyer reports that Lehman previously spent 20 years at Finnegan, Henderson, Farrabow, Garrett & Dunner, where she led that firm’s International Trade Commission litigation group and chaired its pro bono committee. She’s an experienced patent litigator with a specialty in cases at the ITC, where she served as an investigative attorney early in her career.

Reichman Jorgensen now has offices in Silicon Valley, New York, Atlanta and Washington, D.C.

Read the article.

 

 

 




How Has Personal Injury Changed Over Time?

Three trends have dominated the practice of law, and personal injury law in Texas, writes Bryan O. Blevins, an equity partner with Beaumont, Texas-based Provost Umphrey Law Firm. These are tort reform, judicial activism, and technology.

Tort reform has resulted in many more deserving victims having the courthouse doors slammed shut than frivolous claims being denied, Blevins writes in the article originally published in Texas Lawyer.

“Judicial activism can best be seen in the increase of appeals accepted and the almost universal reversal of trial judgments that favor plaintiff personal injury victims,” in Blevins’ view. “In the last 20 years, we have seen the explosive growth of appellate courts substituting their own version of end-result oriented justice through the guise of ‘expert’ qualification and testimony.”

And new technologies are forcing attorneys to rethink questions that, under other circumstances, may have been much simpler to answer, he added, citing legal issues surrounding driverless cars as an example of the new challenges lawyers must face.

Read the article.

 

 




Greenberg Traurig Elevates Four Attorneys in Texas

The Texas offices of global law firm Greenberg Traurig, LLP have elevated Todd Basile and Adelaida Vasquez to shareholder, and Audrey Chang and Peter Lacina to of counsel.

Chang and Vasquez work in the firm’s Houston office, while Basile and Lacina work in the firm’s Dallas office.

Basile is in the Intellectual Property & Technology Practice; Vasquez is in the White Collar Defense & Special Investigations Practice; Change is in the Corporate Practice; and Lacina is in the Litigation Practice.

See more information on the four.

 

 




Webinar: Is Your Whistleblower Program Effective?

NAVEX Global will present a complimentary webinar title “Employee Hotlines: What Is Your Data Telling You?” on Thursday, April 4, at 10 a.m. Pacific time/1 p.m. Eastern time.

Studies show that effective internal whistleblower programs contribute to business success, including lower levels of litigation. Yet, external reports to the SEC are on the rise, with many employees failing to use internal reporting systems due to fear of retaliation.

The webinar will allow participants to compare how their hotline programs measures up against benchmarks from more than one million anonymized reports from industry leader NAVEX Global.

Register for the webinar.

 

 




Economic Value Added: The Good, the Bad, and the Complex

National Association of Corporate DirectorsThe National Association of Corporate Directors will present a complimentary webinar on economic value added on Thursday, March 21, 2019, at 2 p.m. Eastern time.

While EVA (or Economic Value Added) is not new, it has been one of the more obscure financial performance metrics for incentive compensation, the NACD says on its website. However, thanks to ISS, it is now center stage. Beginning this year, EVA will be included for “informational purposes” in some ISS research reports. Further, ISS has indicated that they may include EVA in the Financial Performance Assessment (FPA) screens in the future.

What do you need to know about this enigmatic performance metric and how does it apply to compensation plans with a pay-for-performance orientation? This webinar will provide a starting point for understanding EVA and how to evaluate its relevance to your industry, company, and incentive programs.

Register for the webinar.

 

 




Zapproved Introduces Proportionality Volume of Ediscovery Case Law Summaries

Zapproved’s latest ediscovery case law summary volume shows how courts are interpreting the amended Federal Rules of Civil Procedure as they relate to the scope of discovery and the limits of proportionality. The new volume can be downloaded from Zapproved’s website.

The publication covers a range of cases from the last year, encompassing plaintiffs who might regret putting their lives under the microscope as well as a few overreaching litigants who seem to want to continue endless discovery rather than ever getting to trial. As usual, there are a few cases involving woefully unsupported arguments, illustrating what the courts wish they’d heard about. And forensic examinations came up several times, with courts ruling both for and against them.

This volume includes 17 cases analyzing the boundaries of the scope of discovery and proportionality under the amended Federal Rules of Civil Procedure.

Download the new volume.

 

 




New Survey Results: 264 Federal Judges Report on Litigation Practices

More than 250 active and recently retired federal judges responded to a recent Exterro survey on how they would like legal teams to manage litigation/e-discovery processes in their courtrooms.

Exterro has made the report available from its website.

An example of the type of information revealed is that that 47 percent of the judges have taken an action to remedy e-discovery problems three or more times in the past year.

The report covers such topics as:

  • What judges expect of the attorneys appearing before them
  • How often and why judges issue discovery warnings and sanctions
  • What judges consider the most important e-discovery/litigation practices

Download the report.

 

 

 




Download: Contract Management Software Selection Guide

ContractWorks has published “The Contract Management Software Selection Guide” and made it available for downloading at no charge.

“As corporate counsel, it’s important that you understand the capabilities – and limitations – of contract management software,” the company says on its website. “This guide will help you determine if you need a solution and, if so, which option makes the most sense.”

The new guide discusses:

  • If it’s time to upgrade your contract management system
  • Which features you actually need to manage your contracts
  • What to take into consideration before making a decision
  • How to select contract management software
  • How to choose the best solution for your company

Download the guide.

 

 

 




Sommerman, McCaffity, Quesada & Geisler Announces New Name

Personal injury and commercial litigation law firm Sommerman, McCaffity, Quesada & Geisler, LLP, announced the addition of new name partner Laura Benitez Geisler, current president of the Dallas Bar Association.

“Laura is an exceptional attorney whose skills complement those of our talented team of lawyers,” said firm co-founder Andrew B. Sommerman. “We share the same passion for seeking justice, and we are proud to add her name to ours.”

The new name partner has won recognition by The Best Lawyers in America and Texas Super Lawyers since 2015. She has earned a National Diversity Council listing among the Top 50 Multicultural Lawyers in Dallas and Top 50 Women Lawyers. In 2011, the Hispanic National Bar Association also honored Geisler with recognition as a Top Lawyer Under 40.

Read more about the announcement.

 

 




Download: The Changing Face of In-House Legal Departments

Zapproved has published a new guide titled “The Changing Face of Legal: Preparing Your In-House Team for Tomorrow,” which includes key distillations from a PREX18 session, on how to reinvent an in-house legal team.

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

Corporate legal departments are under fire, the company says on its website. From expanding data volumes and data types to increased budget pressures and new data privacy regulations — not to mention unchecked data security risks — in-house legal teams find themselves needing to adapt to unprecedented demands.

The guide includes advice from Jen Warner, Vice President of Legal and Deputy General Counsel for Columbia Sportswear, and Brian Corbin, Executive Director, Assistant General Counsel at JPMorgan Chase.

Download the guide.

 

 




Download: Top 10 Compliance Trends eBook

NAVEX Global has published a new eBook titled “Top 10 Ethics & Compliance Trends for 2019.” The book is available for download at no charge from the company’s website.

“Transparency and trust define our industry’s challenges and opportunities for 2019,” the company says on its website. “With each expert opinion found in this year’s annual trends report, you’ll see how shifts in the workplace and regulatory environment bring to light the importance of authenticity and ethical practices.”

Some of the topics covered are:

  • Protected Activity & Corporate Governance
  • Third-Party Risk Beyond FCPA
  • Artificial Intelligence
  • New Global Business Practices
  • GDPR Enforcement Updates

Download the eBook.

 

 




AZA Names Four New Partners in Commercial and IP Litigation

Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C.Houston civil trial law boutique Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., or AZA, has announced four new partners for 2019.

Scott W. Clark, Ryan Hackney, Michael McBride, and Jane Langdell Robinson, are promoted to partner effective Jan. 28.

Hackney handles primarily complex commercial litigation cases. Clark and McBride focus on IP and patent litigation. Robinson is an appellate lawyer who mostly focuses on commercial litigation appeals.

Read details about the new partners.

 

 




Download: How the GC Helps Build a Better Board

National Association of Corporate DirectorsThe National Association of Corporate Directors has published an article discussing new perspectives on how a board of directors can expand the role of the general counsel and benefit from the expertise and solutions the GC can bring to the various functions of corporate governance.

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

The publication explains how a more participatory approach with the general counsel not only strengthens company leadership, but also reduces overall enterprise risk.

The article features an interview with ManpowerGroup director Cari Dominguez and ManpowerGroup’s senior vice president and chief legal officer Richard Buchband. It rovides insight into the various ways a board and the GC can enhance each other.

Download the article.

 

 

 




Webcast: 6 Important Considerations When Using Office 365 for E-Discovery

Exterro will present a complimentary webinar examining how legal professionals are using O365 in tandem with their own e-discovery software to create a streamlined, comprehensive e-discovery program.

The online event will be Wednesday, Feb. 20, at 1 p.m. Eastern time (10 a.m. Pacific time).

Participants will learn:

  • How in-house legal professionals are incorporating O365 into their e-discovery process
  • Best practices for leveraging O365’s e-discovery capabilities to secure and search documents without collection
  • Practical considerations to remember when incorporating O365 into your broader e-discovery process

Register for the webinar.

 

 

 




Case Study: TIAA – A Legal Transformation With Technology, Process and People

Onit has published a case study showing how TIAA embarked on a journey that leverages best-in-class technologies, onshore and offshore partners, and innovation to bring together an efficient resource mix that enables the highest and best use of each law professional’s time.

The case study can be downloaded at no charge.

As TIAA law department’s chief operating officer and chief of staff for the past two years, Brad Rogers was tasked with transforming the entire legal operations function by bringing together law department employees and vendor partners from across the world to streamline processes and implement a comprehensive technology platform with capabilities rooted in process, workflow and collaboration that would allow the best use of each law professional’s time.

Download the case study.