17 Reasons to Fire Your PR Person

Thumb downDigital Music News has posted a list of 17 mistakes your public relations person could make that would give you good cause to order that person’s dismissal.

The list starts with “They aren’t creating a compelling, heartwarming story that works.” From that relatively mild complaint the list gets into more egregious sins, such as “They threaten journalists” and “They let you sue journalists.”

Some of the reasons are aimed at the music industry, but most of them have application in the broader world of business.

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Rash of Civil Suits Complicates FCPA Cases

Foreign currencyFor companies dealing with foreign bribery accusations, making peace with the government is bad enough. But increasingly, taking the blame for foreign corruption allegations brings the added threat of civil liability, reports The Wall Street Journal‘s Risk & Compliance Journal.

An increasing number of related civil suits are coming out of corporate corruption cases.  Those civil suits are being filed on behalf of investors who say they have been harmed by their company’s alleged misconduct overseas. These lawsuits are usually unsuccessful, but they corporate counsel’s decisions on how much they should disclose possible misconduct to the U.S. Justice Department.

“FCPA-related lawsuits claim that by failing to prevent foreign bribery, top executives have hurt shareholders,” the report says. “The suits are often filed soon after news breaks that a company is conducting an internal investigation into allegations that its employees bribed foreign officials, even when few facts have been established.”

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CobbleStone Releases Multi-language Enhancements for Contract Insight Enterprise

CobbleStone Systems, a leading provider of contract management software, announced it has launched enhanced multi-language support for Contract Insight Enterprise Edition. The latest version of Contract Insight Enterprise offers optional multi-language support for dynamic menu items and fields for international users.

“CobbleStone has been providing contract management software for organizations around the world that allows them to better track, manage and automate the full contract lifecycle,” the company said in a release. We understand the importance of collaboration between international divisions, and our software now offers the ability to support each user comfortably.”

The release continues:

CobbleStone Systems Corp. is a leader in user-friendly, enterprise contract lifecycle management software solutions. CobbleStone has been a best-of-breed vendor since 1995, provides the benefit of years of experience, is a Federal GSA vendor, is rated by Gartner and Dun & Bradstreet, and offers one of the most feature-rich products on the market.

Complete product information, feature comparisons, and 30-day trial signups can be found at www.CobbleStoneSystems.com

Free online demos can be obtained by calling 866-330-0056 or scheduled at http://cobblestonesystems.com/ContactUs.aspx

About CobbleStone Systems

CobbleStone Systems is based in New Jersey, USA, and has been providing contract lifecycle management solutions since 1995. CobbleStone Systems also offers software solutions for electronic signature, eSourcing (RFx/Bid) management, Purchase Order management, contract public access (Freedom of Information Act), client collaboration management and general committal management.




Are Energy Drink Brands Trade Mark Bullies?

Intellectual property IPEnergy drink brands certainly appear to be giving their IP strategies wings in 2015. Both Red Bull and its competitor Monster Drinks have been taking an enthusiastic approach to protecting their respective trade marks. However, the legitimacy and reasonableness of their disputes has again raised the issue of aggressive litigation tactics and trade mark bullying, reports Primary Opinion on its website.

Last year, Brand Finance’s annual study Global 500 gave Red Bull the AAA+ rating – “one of only eleven brands including Google, Hermès, Coca-Cola, Disney, Rolex and” Ferrari to be granted the top “benchmark of the strength, risk and potential of a brand relative to its competitors,” noted Anita Brown of Phillips Ormonde Fitzpatrick. With such a massive global presence, it’s understandable that the company takes a stimulated approach to brand protection.

However, Red Bull’s aggressive “trademark enforcement strategy” is “too strong, according to some.” In 2014, it attracted “a strong public reaction” when it threatened British brewery Redwell with legal action if it used its mark for energy drinks.

On Jan. 28 the company filed a Notice of Opposition against an American brewery’s “application to register its OLD OX BREWERY mark in connection with beer, ale, lager, stout and porter. Red Bull claims that the OLD OX BREWERY mark is likely to create confusion with its RED BULL mark.”

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Quarles & Brady Names Stahl as Leadership Council on Legal Diversity Fellow

Christian G. Stahl, member of Quarles & Brady Intellectual Property Group

Christian G. Stahl, member of Quarles & Brady Intellectual Property Group

The national law firm of Quarles & Brady LLP has announced that the firm has selected Chicago partner Christian G. Stahl to be a member of the 2015 class of Fellows and participate in a landmark program created by the Leadership Council on Legal Diversity (LCLD) to identify, train, and advance the next generation of leaders in the legal profession.

“This is a singular honor for Christian,” said Ted Yi, Chicago office managing partner in a release. “He joins a select group of experienced attorneys from diverse backgrounds who have been recognized for their potential as leaders in their organizations.”

The release continues:

According to LCLD President Robert J. Grey, Jr., the LCLD Fellows Program offers participants “an extraordinarily rich year of relationship-building, virtual and in-person training, peer-group projects, and extensive contact with LCLD’s top leadership.”

Founded in 2009, LCLD is a growing organization of more than 220 corporate chief legal officers and law firm managing partners who are personally committed to creating a truly diverse legal profession. The LCLD Fellows program, which has trained more than 600 mid-career attorneys since 2011, is one of LCLD’s most important initiatives. For information, visit www.lcldnet.org.

About Quarles & Brady LLP
Quarles & Brady is a full-service law firm with more than 475 attorneys offering an array of legal services to corporate and individual clients that range from small entrepreneurial businesses to Fortune 100 companies, with practice focuses in health care and life sciences, business law, data privacy and security, and complex litigation. The firm has offices in Chicago; Indianapolis; Madison; Milwaukee; Naples, Florida; Phoenix; Scottsdale; Tampa; Tucson; and Washington, D.C. Additional information can be found online at quarles.com, as well as on Twitter, LinkedIn, and Facebook.




Prominent Chicago Trial Attorneys Join Wilson Elser

Dom Savaiano

Dom Savaiano of Wilson Elser

Paul Bozych

Paul Bozych of Wilson Elser

National law firm Wilson Elser hired distinguished Chicago trial attorneys Partners Dom Savaiano and Paul Bozych along with their six-member team.

Formerly of Clausen Miller, the team includes partners Bradford Krause, Elizabeth Grover, Jack Murphy, associate Erin Schreiber, and two support-staff professionals.

In a release, the firm said:

The acquisition of this team adds momentum to Wilson Elser’s growing Midwest presence. Recently, the firm added three Midwest offices in Milwaukee, the Detroit suburb of Novi and Edwardsville, Illinois.

“We take great pride in having such an accomplished team of trial attorneys and litigators join Wilson Elser,” said Daniel McMahon, Wilson Elser chairman. “Dom and Paul are known for their keen ability to handle the most complex matters. Our clients seeking representation in all practice areas and geographic regions will benefit from their vast courtroom experiences and their ability to resolve the most complicated matters at trial or through alternative, cost-effective measures.”

Wilson Elser’s new team, led by Savaiano and Bozych, has handled more than 120 trials with a nearly 100 percent success rate. They have established a prestigious reputation throughout North America and globally, particularly in Canada, London and Asia.

The team is adept at counseling and defending corporations, business entities, individuals and insurance companies in all facets of litigation and with claims of all kinds. Team members are known for their ability to handle complex claims and are routinely retained to take over difficult cases prepared by other firms that are set for trial.

Recognized as a leader in the legal community, Savaiano was elected as a member of the American Board of Trial Advocates, a select national organization of trial attorneys whose common qualities include professionalism and a high degree of trial and litigation skill, knowledge and experience. He is also a member of the International Association of Defense Counsel and the Society of Trial Lawyers. Among his many accolades is an AV Preeminent®  rating by Martindale-Hubbell since 1993, selection as a “Leading Illinois Attorney” and a “Leading American Attorney” by the American Research Corporation and being named a Super Lawyer since 2005.

Additionally, Savaiano has taught trial advocacy, and he serves on the editorial board of the Journal of American Law.

Savaiano earned his J.D. degree from Loyola University Chicago School of Law, where he served on Loyola University Chicago Law Journal and the National Trial Advocacy Team. He earned his B.A. degree from the University of Illinois.

Bozych earned a BV Distinguished® Peer Review Rating by Martindale-Hubbell, an honor differentiating lawyers from the competition. He also frequently lectures on trial advocacy. Bozych is a member of the Illinois State Bar Association, Chicago Bar Association and DRI: The Voice of the Defense Bar. Additionally, he is active in Midwest Pediatric Brain Tumor Foundation and the St. Petronille Parish in Glen Ellyn, Illinois.

Bozych earned his J.D. degree with highest honors from DePaul University College of Law, where he was editor of the DePaul Law Review, and his B.A. degree from the University of Illinois.




High-Power Line Easement Dispute Wins Texas Landowner $445,000

High power - electric- gridA North Texas landowner has won a $445,365 judgment against an electric power delivery company after his land lost value when an easement was taken for a high-voltage electric transmission line.

The judgment signals a win for other Texas landowners whose properties are being targeted as power line companies flood the Public Utility Commission (PUC) with applications seeking approval for similar transmission lines, the firm said in a release.

The release continues:

The recent dispute represents a fundamental debate: How much does a high-voltage power line easement, with its tall towers and unsightly appearance, reduce the value of property it crosses? A Wichita County jury agreed that an entire parcel was worth less, not just the land taken for the easement.

“This judgment sends a clear message. Texas landowners should understand that they have a constitutional right to collect fair damages when power lines lower the value of their land. Landowners only get one opportunity to recover, but the easements remain forever,” says Austin-based eminent domain attorney Luke Ellis of Johns Marrs Ellis & Hodge LLP, lead trial counsel for the property owner.

The dispute began in 2011 when Oncor Electric Delivery Co. LLC sued Edward Clack to gain 33.6 acres of easement on his Burkburnett property for a 345,000-volt power line, the highest-voltage lines built in Texas. The Oncor easement, 160 feet by 1.7 miles, bisected Clack’s property. Oncor initially offered him less than $55,000 before raising the offer to nearly $140,000.

After a three-day trial in Wichita County Court at Law No. 1, jurors awarded Clack $393,165, the full amount he requested. On Feb. 12, Judge Gary Butler entered a judgment of $445,365, which includes interest and court costs. Oncor may appeal.

The case is Oncor Electric Delivery Company, LLC v. Edward Clack, No. C-330-E.

Over the past year, the PUC has received new power line applications affecting Dallas-Fort Worth, Houston, South Texas, San Antonio and the Texas Hill Country.

Johns Marrs Ellis & Hodge LLP, a trial and appellate boutique with offices in Austin and Houston, focuses on representing landowners in eminent domain proceedings, commercial litigation, probate and appeals.




GM Names LyondellBassell Exec Its New GC

General Motors GMGeneral Motors Co. on Thursday named Craig Glidden its new top lawyer, after earlier saying general counsel Michael Milikin would retire in July, reports The Detroit News.

Glidden’s appointment will be effective March 1.

The position puts him at the head of a team of staff attorneys who are integrated into all of GM’s regional and functional teams in more than 30 countries.

“The legal job is highly important to the Detroit automaker as it faces investigations by the U.S. Justice Department, 49 state attorneys general, the U.S. Securities and Exchange Commission and Canadian officials,” The News reports. “It also faces hundreds of lawsuits tied to the ignition switch defect.”

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Colt’s Manufacturing Settles With Two Top Execs

Colt’s Manufacturing has settled multi-million claims by the company’s former general counsel and an ex-vice president who said they were wrongly dismissed during a fierce fight among stockholders for control of the company, according to a report in the Hartford Courant.

The settlement headed off a trial that was set to begin on wrongful termination suits against the gun manufacturer and two stockholders by former Colt’s Manufacturing Co. Vice President Merrick Alpert of and General Counsel Carleton Chen.

Alpert and Chen won a succession of pretrial victories over the last year, The Courant said, including a court order in April that told Colt’s to set aside $3.8 million to pay the two, had a jury ruled in their favor.

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Boston Scientific and J&J Settle Suit Over Guidant Deal

Test tubesIn an agreement Tuesday that settled an 11-year-old deal gone awry, Boston Scientific agreed to pay Johnson & Johnson $600 million, an amount far less than the more than $7 billion in damages that Johnson & Johnson sought in relation to its botched acquisition of Guidant, a medical device company, in 2004, reports The New York Times.

The case resurfaced last year after nearly a decade of inaction on the issue with Johnson & Johnson suing the smaller Boston Scientific, seeking damages that would have equaled nearly half of Boston’s Scientific’s market value.

The Times says the legal wrangling dates back to 2004, when Johnson & Johnson agreed to acquire Guidant for $25.4 billion.

Read the story.




Commercial Services Attorney Dan Gold Joins Wilson Elser’s Miami Office

Dan Gold, of Wilson Elser

Dan Gold, partner in Wilson Elser

Commercial services attorney Dan Gold has joined Wilson Elser’s Miami office as a partner.

Formerly of Ehrenstein Charbonneau Calderin, Gold’s practice is focused on bankruptcy and creditor’s rights, representing distressed businesses, professional services firms and financial institutions that become litigation targets in bankruptcy cases. He works with debtors, secured and unsecured creditors, trustees, indenture trustees and distressed businesses in all aspects of bankruptcy, including litigation, asset sales and out-of-court restructurings.

“Dan’s practice complements Wilson Elser’s national Bankruptcy practice,” said Anthony Strasius, regional managing partner of Wilson Elser’s Miami office. “While the national practice has always served clients in jurisdictions throughout the country, having Dan’s experience and skill set in South Florida bolsters the practice’s geographic footprint and provides our clients with ready access to an accomplished, local attorney.”;

Gold’s industry experience includes aviation, retail, real estate development, financial services firms and banks. His client base comprises New York–based financial institutions and national companies with a Florida presence.

Having seen firsthand how bankruptcy can set back lives and threaten businesses and families, Gold contributes his time to counseling young adults in colleges and high schools about proper credit management skills and the consequences of abusing credit. His efforts and presentations through the CARE Program help young people to avoid incurring excessive debt.

Since 2009, Gold has made repeat appearances on the Super Lawyers Rising Stars list. Additionally, he is a former board member and currently serves on the Judicial Liaison Committee of the Bankruptcy Bar Association for the Southern District of Florida, and is a member of the American Bankruptcy Institute.

Gold earned his J.D. degree from Boston College Law School (2003), where he was an articles editor on the Boston College Intellectual Property and Technology Forum. He earned his M.A. degree from the University of New Mexico (2000), and he graduated cum laude with a B.A. degree from Vanderbilt University (1992).




Chesapeake Alleges Founder McClendon Stole ‘Trade Secrets’ to Start New Firm

Chesapeake Energy Corp. filed suit Tuesday alleging that its founder and former chief executive, Aubrey K. McClendon, stole confidential company data during his last months on the job in order to launch his new oil and gas empire, Reuters reports.

The suit says McClendon “misappropriated highly sensitive trade secrets from Chesapeake” and “subsequently used these trade secrets for the benefit of” a company he founded in 2013, American Energy Partners LP. Chesapeake filed the civil complaint in Oklahoma County District Court.

“In the suit, Chesapeake claims McClendon asked his assistant to print maps and data about unleased acreage and that McClendon also sent himself blind copies of the same documents at a personal email address during his last months at the company,” the report says. “The company says it discovered McClendon’s actions through a forensic analysis of his Chesapeake email account.”

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Litigation-Finance Firms Bankrolling Plaintiffs

The business of commercial litigation finance is making inroads in the United States, after it was pioneered in Australia and spread to Britain, reports Crain’s New York Business. Litigation funders pay upfront legal costs for plaintiffs or their lawyers in return for a share of a settlement, judgment or verdict down the road.

The finance firms portray themselves as white knights as they help entrepreneurial firms that retain them to wage battles against bigger, better-funded companies that steal their intellectual property, renege on contracts or commit fraud or other offenses against them.

“Many litigation-finance firms are backed by hedge funds, private-equity firms, family offices and other investors who sink millions into these funders, betting on returns that are not correlated with the ups and downs of the stock market.” Crains reports.

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Fox Rothschild Scores Win in Texas Civil Contempt Case

A Fox Rothschild LLP litigation team wona victory for client Coventry II DDR/Trademark Montgomery Farm LP, concluding a years-long dispute that originated in a bankruptcy case, according to an announcement from the firm.

Partners Mark Goodman and Michael Rumac led the team.

“In the case, a Texas attorney represented a client against Trademark and filed proceedings seeking sanctions and to hold Trademark in contempt of court for violating the bankruptcy stay,” the firm says on its website. “Not only did Trademark defeat the contempt claims (which were also successfully defended in the first Fifth Circuit appeal) but also, Trademark flipped the tables on [the opposing lawyer] when the court sanctioned her and her firm.”

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General Counsel Name 354 Attorneys Best at Client Service

BTI Consulting has released its BTI Client Service All-Stars, attorneys are truly delivering superior client service, according to the general counsel and decision makers for legal services.

“14 years of research illustrates how hard it is and how strong a performance is needed to join the ranks of the BTI Client Service All-Stars,” BTI says on its website.

No attorney can self-nominate, refer a client to be interviewed, pay or otherwise find a way into the report. BTI says its went straight to the source — the general counsel and decision makers for legal services — to find out exactly which attorneys are truly delivering superior client service.

Download the report.

 




Lighthouse eDiscovery Announces Spire Capital as New Investment Partner

Lighthouse eDiscoveryLighthouse eDiscovery, a leader in technology-enabled eDiscovery services, has announced that the company has selected one of the preeminent private equity firms in the world as its investment partner, Spire Capital. Spire has supported several companies in diverse industry sectors by facilitating growth, guiding strategic direction and enabling those firms to reach their specific business goals.

In a news release, Lighthouse said Spire Capital is a well-known New York based private equity investor that partners with growing businesses and assists with sales growth, geographic expansion and technology development in order for their companies to take market-leading positions. Spire Capital will take a minority equity position in Lighthouse with this investment. Lighthouse will use Spire’s financial investment to build out an East Coast operations center and geographically-redundant data center, and to expand into Europe.

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Microsoft, Samsung Settle Contract Dispute Over Patents

Microsoft has announced in a statement that the company and Samsung Electronics have settled a contract dispute over patent royalties.

Microsoft sued Samsung last year in a federal court in New York, accusing Samsung of breaching a collaboration agreement by initially refusing to make royalty payments after the U.S. company announced its intention to acquire Nokia’s handset business in September 2013, reports Reuters.

“The lawsuit claimed Samsung still owed $6.9 million in interest on more than $1 billion in patent royalties it delayed paying. Samsung has countered that the Nokia acquisition violated its 2011 collaboration deal with Microsoft” Reuters says.

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The Number of U.S. Oil Rigs Continues to Tumble

U.S. oil rigs continued to get hammered this week despite still-rising levels of production, reports BloombergBusiness.

A report from Baker Hughes shows that the international rig count for January 2015 was 1,258, down 55 from the 1,313 counted in December 2014, and down 67 from the 1,325 counted in January 2014. The international offshore rig count for January 2015 was 314, down 24 from the 338 counted in December 2014, and up 12 from the 302 counted in January 2014.

The collapse in oil prices has wiped out more than 100,000 oil jobs worldwide.

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AZA Announces Five New Hires

Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing announced the addition of five new hires to the Houston-based law firm.

Edward Goolsby is a summa cum laude graduate of the University of Houston Law Center, Mr. Goolsby was editor-in-chief of the Houston Law Review. Mr. Goolsby is also a summa cum laude graduate of Northwestern University where he earned a B.S. in journalism and political science.

Ryan Hackney is a magna cum laude graduate of Harvard University and a graduate with highest honors from the University of Texas School of Law. He was associate editor of the Texas Law Review. He has a B.A. and M.A. in History of Science.

Mark Holden is cum laude graduate of Harvard Law School, Mr. Holden was managing editor of the Harvard Journal of Law & Public Policy. He is also a cum laude graduate of Columbia University where he received a B.A. in political science.

E. Phileda Tennant is a magna cum laude graduate of Brown University, Ms. Tennant is also a graduate of Harvard Law School. She was a line editor on the Harvard Journal on Legislation. Her undergraduate degree is a B.A. in political science.

Kenneth Young is a graduate with honors of The University of Chicago Law School, Mr. Young was managing editor of The University of Chicago Law Review. He also graduated magna cum laude from Brigham Young University where he received a B.S. in molecular biology and Japanese.

 




Shipman & Goodwin Expands D.C. Office and Patent Experience with 3 New Attorneys

Shipman & GoodwinShipman & Goodwin LLP has expanded its Washington, D.C. office with the addition of three attorneys — John W. Ryan, Thomas M. Haas and Rachel G. Talay — who bring considerable patent and national security experience to both the firm and its D.C. office, a firm spokesman said. The move also extends the firm’s representation of national companies in the biotechnology, life sciences and medical products industries.

“With the addition of these accomplished attorneys, we have further strengthened the firm’s ability to provide our clients with the full range of services they need to protect their valuable intellectual property assets,” said Glenn M. Cunningham, Chair of the firm’s Business Litigation and Intellectual Property Practice Groups.

John Ryan, partner, has more than 25 years of experience as a registered patent attorney and handles matters involving litigation, due diligence, licensing, infringement and validity opinions, freedom to operate opinions, portfolio management and patent preparation and prosecution. He has worked in a wide variety of technical disciplines including biotechnology, medical devices and pharmaceuticals. In addition, Mr. Ryan was an adjunct professor at Albany Law School, where he taught a course on the licensing of intellectual property.

Thomas Haas, counsel, provides a full range of intellectual property services in a wide variety of technologies. He assists clients with patent portfolio management, patent litigation, preparing and prosecuting patent applications, merger and acquisition due diligence, infringement and validity studies, freedom to operate studies, licensing and drafting material transfer and confidentiality agreements. Mr. Haas has experience with a broad range of technologies and worked as a former patent examiner in the U.S. Patent and Trademark Office, where he examined biotechnology patent applications with a focus on genetically engineered plants, plant genes, molecular biology and microbiology.

Rachel Talay, counsel, has extensive experience advising clients on business and corporate matters as well as issues relating to national security. She handles a variety of transactions for private companies and individuals, including mergers, acquisitions, divestitures and joint ventures and formation and start-up activities. She acts as outside general counsel on matters including governance, foreign jurisdiction management and filings, licensing, intellectual property protection, reorganizations and ownership changes. Ms. Talay assists clients with national security reviews of transactions and counsels them on unique national security and intelligence issues.

Shipman & Goodwin LLP is a full-service law firm with more than 160 attorneys and offices in Hartford, Stamford, Greenwich and Lakeville, Conn. and in Washington, DC. Founded in 1919, the firm’s attorneys represent many businesses, institutions, individuals and government entities in Connecticut, throughout New England and nationally. For more information, please visit www.shipmangoodwin.com.