A vulnerability so dangerous that Cybersecurity and Infrastructure (CISA) Director Jen Easterly called it “one of the most serious [she’s] seen in [her] entire career, if not the most serious” arrived just in time for the holidays. On December 10, 2021, CISA and the director of cybersecurity at the National Security Agency (NSA) began alerting the public of a critical vulnerability within the Apache Log4j Java logging framework. Civilian government agencies have been instructed to mitigate against the vulnerability by Christmas Eve, and companies should follow suit.
The Log4j vulnerability allows threat actors to remotely execute code both on-premises and within cloud-based application servers, thereby obtaining control of the impacted servers. CISA expects the vulnerability to affect hundreds of millions of devices. This is a widespread critical vulnerability and companies should quickly assess whether, and to what extent, they or their service providers are using Log4j.
Immediate Recommendations
Immediately upgrade all versions of Apache Log4j to 2.15.0.
Ask your service providers whether their products or environment use Log4j, and if so, whether they have patched to the latest version. Helpfully, CISA sponsors a community-sourced GitHub repository with a list of software related to the vulnerability as a reference guide.
Confirm your security operations are monitoring internet-facing systems for indicators of compromise.
Review your incident response plan and ensure all response team information is up to date.
If your company is involved in an acquisition, discuss the security steps taken within the target company to address the Log4j vulnerability.
The versatility of this vulnerability has already attracted the attention of malicious nation-state actors. For example, government-affiliated cybercriminals in Iran and China have a “wish list” (no holiday pun intended) of entities that they are aggressively targeting with the Log4j vulnerability. Due to this malicious nation-state activity, if your company experiences a ransomware attack related to the Log4j vulnerability, it is particularly important to pay attention to potential sanctions-related issues.
Companies with additional questions about the Log4j vulnerability and its potential impact on technical threats and potential regulatory scrutiny or commercial liability are encouraged to contact counsel.
As a result of the Sixth Circuit’s ruling, OSHA announced that it would exercise enforcement discretion with respect to the compliance dates of the OSHA ETS. To provide employers with sufficient time to come into compliance:
OSHA will not issue citations for noncompliance with any requirements of the OSHA ETS before January 10, 2022; and
OSHA will not issue citations for noncompliance with testing requirements before February 9, 2022.
These “extensions” are conditioned on an employer exercising reasonable, good faith efforts to come into compliance with the OSHA ETS.
Ultimately, the Sixth Circuit found that the petitioners (Republican-led states, businesses, religious groups, and individuals) were unable to establish a likelihood of success on the merits. In doing so, the Sixth Circuit considered and analyzed a myriad of statutory and constitutional arguments. Two out of the three judges on the panel determined that the petitioners would be unlikely to be successful on their constitutional arguments that OSHA violated the commerce clause or the non-delegation doctrine.
Under the Occupational Safety and Health Act, OSHA is required to show that health effects may constitute a “grave danger” in order to warrant an emergency temporary standard. The Sixth Circuit held that the determination as to what constitutes “grave danger” should be left, in the first instance, to the agency. The Sixth Circuit expressly disagreed with, and in effect overruled, the United States Court of Appeals for the Fifth Circuit by holding that OSHA was not required to make findings of exposure in all covered workplaces. The Sixth Circuit held that to require so would mean that no hazard could ever rise to the level of “grave danger.” Ultimately, the Sixth Circuit found that OSHA had shown that COVID-19 is a danger and relied on proper science in issuing the ETS. The Sixth Circuit further held that simply because OSHA did not issue the ETS at the beginning of the pandemic did not mean the agency did not consider COVID-19 an emergency worth addressing.
The Sixth Circuit’s decision was appealed this morning to the Supreme Court; however, this appeal does not alter the decision unless and until the Supreme Court rules. In the meantime, employers should resume (or continue) preparations to comply with the ETS requirements. For a summary of the OSHA ETS and its requirements, visit here.
Any discrimination related to consumer financial products or services or small businesses
Any use of artificial intelligence/machine learning models that is based on flawed or incomplete data sets, that uses proxies for race, gender, or other group characteristics, or that impacts particular groups or classes of people more than others;
Misleading or deceptive advertising of consumer financial products or services, including mortgages
Failure to collect, maintain, and report accurate mortgage loan application and origination data
Failure to provide or use accurate consumer reporting information
Failure to review mortgage borrowers’ loss mitigation applications in a timely manner
Any unfair, deceptive, or abusive act or practice with respect to any consumer financial product or service.
The CFPB has also announced that it seeks tips to help it combat the role of Artificial Intelligence in enabling intentional and unintentional discrimination in decision-making systems. For example, a recent study of algorithmic mortgage underwriting revealed that Black and Hispanic families have been more likely to be denied a mortgage compared to similarly situated white families.
Proposed CFPB Whistleblower Reward Program
Currently, there is no whistleblower reward program at the CFPB and sanctions collected in CFPB enforcement actions do not qualify for SEC related action whistleblower awards. In light of the success of the SEC’s Whistleblower Program as an effective tool to protect investors and strengthen capital markets, the CFPB requested that Congress establish a rewards program to strengthen the CFPB’s enforcement of consumer financial protection laws.
In September 2021, Senator Catherine Cortez Masto introduced the Financial Compensation for Consumer Financial Protection Bureau Whistleblowers Act (S. 2775), which would establish a whistleblowers rewards program at the CFPB similar to the SEC Whistleblower Program. It would authorize the CFPB to reward whistleblowers between 10% to 30% of collected monetary sanctions in a successful enforcement action where the penalty exceeds $1 million. And in cases involving monetary penalties of less than $1 million, the CFPB would be able to award any single whistleblower 10% of the amount collected or $50,000, whichever is greater.
The Financial Compensation for CFPB Whistleblowers Act is cosponsored by Chairman of the Senate Banking, Housing, and Urban Affairs Committee Senator Sherrod Brown and Senators Dick Durbin, Elizabeth Warren, Jeff Merkley, Richard Blumenthal, and Tina Smith. In the House, Representative Al Green introduced a companion bill (H.R. 5484).
A whistleblower reward program at the CFPB could significantly augment enforcement of consumer financial protection laws, including laws barring unfair, deceptive, or abusive acts and practices. The CFPB has authority over a broad array of consumer financial products and services, including mortgages, deposit taking, credit cards, loan servicing, check guaranteeing, collection of consumer report data, debt collection associated with consumer financial products and services, real estate settlement, money transmitting, and financial data processing. In addition, the CFPB is the primary consumer compliance supervisory, enforcement, and rulemaking authority over depository institutions with more than $10 billion in assets.
Hopefully, Congress will act swiftly to enact the Financial Compensation for CFPB Whistleblowers Act.
Protection for CFPB Whistleblowers
Although Congress did not establish a whistleblower reward program when it created the CFPB, it included a strong whistleblower protection provision in the Consumer Financial Protection Act of 2010 (CFPA). The anti-retaliation provision of the Consumer Financial Protection Act provides a cause of action for corporate whistleblowers who suffer retaliation for raising concerns about potential violations of rules or regulations of the CFPC.
Workers Protected by the CFPA Anti-Retaliation Law
The term “covered employee” means “any individual performing tasks related to the offering or provision of a consumer financial product or service.” The CFPA defines a “consumer financial product or service” to include “a wide variety of financial products or services offered or provided for use by consumers primarily for personal, family, or household purposes, and certain financial products or services that are delivered, offered, or provided in connection with a consumer financial product or service . . . Examples of these include . .. residential mortgage origination, lending, brokerage and servicing, and related products and services such as mortgage loan modification and foreclosure relief; student loans; payday loans; and other financial services such as debt collection, credit reporting, credit cards and related activities, money transmitting, check cashing and related activities, prepaid cards, and debt relief services.”
Scope of Protected Whistleblowing About Consumer Financial Protection Violations
The CFPA protects disclosures made to an employer, to the CFPB or any State, local, or Federal, government authority or law enforcement agency concerning any act or omission that the employee reasonably believes to be a violation of any CFPB regulation or any other consumer financial protection law that the Bureau enforces. This includes several federal laws regulating “unfair, deceptive, or abusive practices . . . related to the provision of consumer financial products or services.”
Some of the matters the CFPB regulates include:
kickbacks paid to mortgage issuers or insurers;
deceptive advertising;
discriminatory lending practices, including a violation of the Equal Credit Opportunity Act (“ECOA”);
excessive fees;
any false, deceptive, or misleading representation or means in connection with the collection of any debt; and
debt collection activities that violate the Fair Debt Collection Practices Act (FDCPA).
Secure and Fair Enforcement for Mortgage Licensing Act
Reasonable Belief Standard in Banking Whistleblower Retaliation Cases
The CFPA whistleblower protection law employs a reasonable belief standard. As long as the plaintiff’s belief is reasonable, the whistleblower is protected, even if the whistleblower makes a mistake of law or fact about the underlying violation of a law or regulation under the CFPB’s jurisdiction.
ProhibitedRetaliation
The CFPA anti-retaliation law proscribes a broad range of adverse employment actions, including terminating, “intimidating, threatening, restraining, coercing, blacklisting or disciplining, any covered employee or any authorized representative of covered employees” because of the employee’s protected whistleblowing.
Proving CFPA Whistleblower Retaliation
To prevail in a CFPA whistleblower retaliation claim, the whistleblower need only prove that his or her protected conduct was a contributing factor in the adverse employment action, i.e., that the protected activity, alone or in combination with other factors, affected in some way the outcome of the employer’s decision.
Where the employer takes the adverse employment action “shortly after” learning about the protected activity, courts may infer a causal connection between the two. Van Asdale v. Int’l Game Tech., 577 F.3d 989, 1001 (9th Cir. 2009).
Filing a CFPA Financial Whistleblower Retaliation Claim
CFPA complaints are filed with OSHA, and the statute of limitations is 180 days from the date when the alleged violation occurs, which is the date on which the retaliatory decision has been both made and communicated to the whistleblower.
The complaint need not be in any particular form and can be filed orally with OSHA. A CFPA complaint need not meet the stringent pleading requirements that apply in federal court, and instead the administrative complaint “simply alerts OSHA to the existence of the alleged retaliation and the complainant’s desire that OSHA investigate the complaint.” If the complaint alleges each element of a CFPA whistleblower retaliation claim and the employer does not show by clear and convincing that it would have taken the same action in the absence of the alleged protected activity, OSHA will conduct an investigation.
OSHA investigates CFPA complaints to determine whether there is reasonable cause to believe that protected activity was a contributing factor in the alleged adverse action. If OSHA finds a violation, it can order reinstatement of the whistleblower and other relief.
As Tribes expand their economic endeavors into the cannabis industry, the growth of cannabis tourism is a natural development. Below, we offer details on how cannabis tourism could support Tribal governments’ economic development efforts. We also provide an update on the status of pending federal legislation that could bring positive impacts to the cannabis industry.
Cannabis Tourism
With the pandemic continuing to take a toll on the tourism industry, many U.S. states and territories are exploring ways to help that industry recover. One potential savior for tourism is cannabis. As states went into varying levels of lockdown in early 2020, businesses deemed “nonessential,” including recreational facilities, gyms, bars, restaurants, etc. were forced to shut down. However, early into lockdown, cannabis was deemed “essential” in California, a designation other states with functional cannabis markets quickly adopted. In total, nearly 30 states, along with the District of Columbia and Puerto Rico, deemed cannabis businesses essential. This triggered some major changes in the industry, including:
Aiding in the de-stigmatization of cannabis among consumers;
Allowing cannabis businesses to take advantage of mandated business-friendly safety measures such as curbside pickup and home delivery; and
Allowing physicians to prescribe medical marijuana through online appointments, making it easier for patients to obtain medical marijuana cards.
With all of these changes, cannabis tourism has developed into a potentially rewarding industry that Tribal governments might be able to cultivate as part of efforts to recover economic losses suffered by their tourism and other businesses
What is Cannabis Tourism?
Cannabis tourism is most generally characterized as a destination-based industry that attracts tourists because cannabis is legal in that location. But the industry can take many forms. For example, tourists might visit a dispensary to learn more about the development of cannabis crops, stay at a “bud and breakfast,” tour a cannabis farm or growing facility, or dine at a restaurant with cannabis-infused dishes. Cannabis tourism can also have a positive knock-on effect for many other Tribal businesses.
How can Tribes Participate?
Interested Tribes can create specific cannabis-centered tourist destinations. One example is opening a farm or growing facility that is similar to a wine vineyard, where consumers can tour the facility and sample the products. This concept would serve multiple functions in that the farm would supply dispensaries while providing a tourism destination that would benefit hotels, restaurants, and the local economy.
Another route is to add cannabis tourism into existing tourism infrastructure. Tribes can take advantage of their land base and natural resources by offering cannabis hikes or camping expeditions, where participants are able to experience nature while partaking. Tribes with resort properties can offer CBD-infused massages at their spa, include CBD and hemp products at their gift shops, or offer travel packages designed for cannabis tourists. The idea behind this approach is to utilize the Tribe’s existing tourism infrastructure to provide new cannabis tourism options.
Federal Cannabis Legislation Update
The following is an update on pending federal legislation that would impact the cannabis industry. Summaries of previous cannabis legislative developments are provided in past articles..
The Cannabis Administration and Opportunity Act, S. ___ has not yet been introduced in the Senate. The bill would completely remove cannabis from the controlled substances list under the Controlled Substances Act and would allow states to implement their own laws regarding cannabis without fear of federal intervention. Senators Schumer, Booker, and Wyden published a discussion draft of the legislation on July 14, 2021, and the deadline for public comments was September 1, 2021. Once the legislation is finalized it will be referred to committee for continued review and revision.
The MORE Act of 2021, H.R. 3617, was introduced in the House of Representatives on May 28, 2021. The Act would end the criminalization of cannabis at the federal level retroactively and going forward. Federal cannabis arrests, charges, and convictions would be automatically expunged at no cost to the individual. Under the MORE Act, individual states would determine whether to criminalize cannabis. The Act would also create the Office of Cannabis Justice to oversee the social equity provisions in the law. The Act has been referred to several House subcommittees and was most recently marked up by the House Judiciary Committee on September 30, 2021.
The Democrats control both the House and the Senate (with Vice President Harris acting as the tie-breaking vote in the 50-50 Senate) but passing any cannabis legislation in the current Congress might prove difficult. The filibuster rules require 60 votes for a bill to pass the Senate, so any cannabis legislation would need relatively strong bipartisan support.
The future of federal cannabis law remains unclear, but Tribes interested in the cannabis industry can start taking steps now to establish the necessary framework to support this new area of Tribal economic enterprise.
While we enter a new season this week, the same cannot be said for the FDA which, on November 16, reiterated that its approach to regulating the cannabidiol (CBD) industry will be “the same as it ever was”—a regulatory minefield. Grail Sipes, acting Deputy Center Director for Regulatory Policy at the FDA’s Center for Drug Evaluation and Research, emphasized the agency’s position that it needs additional CBD research and safety data before the agency will consider CBD for uses beyond prescription drugs, including usage as a food additive or dietary supplement. This, she said, is because “clear answers to many important questions are still lacking, such as what adverse reactions may be associated with CBD from hemp-derived products and what risks are associated with the long term use of these products.”
So why should industry stakeholders care about the FDA’s opinion anyway? Wasn’t hemp-derived CBD legalized at the federal level by the Agriculture Improvement Act of 2018, also known as the Farm Bill?
Yes, but as we discussed in a previous blog post, the FDA and FTC have overlapping enforcement authority over CBD marketing, with the FDA having primary authority over labeling. The FDA has previously issued guidance stating that CBD can be used as an ingredient in cosmetics so long as it does not cause the product to be “adulterated or misbranded.” However, a product containing CBD cannot be marketed as a drug absent FDA approval—a lengthy and costly process. Companies marketing CBD products must therefore ensure compliance with the FDA’s labeling requirements and guidance regarding CBD products.
The FDA has not been shy to issue warning letters to CBD companies that fail to heed the agency’s labeling requirements and guidance. Starting in April 2019, the FDA (together with the FTC) began issuing warning letters to companies marketing CBD products as treatments and cures for a variety of diseases and illnesses. Those agencies continued to issue warning letters for marketing and labeling violations throughout 2019, largely for improper health-based claims about CBD products (those letters are described in more detail here and here). The most recent iteration came in 2021 when the agencies issued two warning letters to companies selling over-the-counter (OTC) drugs for pain relief that contained CBD. Sipes made clear the FDA will continue to monitor the CBD marketplace and issue warning letters to companies making improper health claims in her November 16 comments.
Given these comments, we can expect the cat-and-mouse game between federal regulators and CBD companies that push the marketing envelope to continue. To mitigate the risk of falling within the FDA’s crosshairs, CBD companies must ensure compliance with the various state and federal regulations governing the labeling and advertising of their products. We provided several marketing dos and don’ts in a previous blog post. But given the FDA’s unchanging position, the biggest takeaway remains the same: don’t make claims that a CBD product “can prevent, treat, or cure” or a disease.
Welcome back to another edition of the National Law Review’s legal industry news column. Read on for the latest news on law firm pro bono, innovation and hiring as selected by the NLR’s editorial team.
Law Firm Hiring and Moves
Elizabeth Hermann Smith joined Mayer Brown’s Chicago office as a partner in their Banking & Finance practice group. She represents clients in all areas of the financial industry, including investors, borrowers, administrative agents, lenders and more. Ms. Smith’s specialty is in the field of leveraged finance, where she has focused on buyouts, dividend recapitalizations, and other financial transactions.
“Continuing to expand our leveraged finance capabilities, particularly with private credit funds, is a primary goal of the firm’s Banking & Finance practice. Elizabeth’s addition reflects our commitment to growth and strengthens our global finance offerings,” said Frederick Fisher, a co-leader of Mayer Brown’s global Lending group.
Mayer Brown also added Brett E. Moskowitz as Counsel to the Banking & Finance practice group. Located in the firm’s Charlotte office, Mr. Moskowitz focuses on bilateral and syndicated loan transactions, specializing in acquisition financing, real estate financings, and cash flow and asset-based lending.
Mr. Tovo works in Campos Mello Advogados’ São Paulo office. Ricardo Caiado Lima, a partner at Campos Mello Advogados: “We’re delighted to announce that Antonio […] has joined our team. We’re seeing significant growth in our corporate criminal law and cybersecurity practices, and it is key for us to have highly qualified professionals with extensive experience, like Antonio […] .”
Robinson+Cole added partner Danielle H. Tangorre to the firm’s Health Law group. At the firm’s Albany office, she will focus on guiding clients through state and federal health law regulations, in particular abuse and fraud laws such as Stark Law and the Anti-Kickback Statutes. Further, Ms. Tangorre has experience in healthcare transactional matters, litigation and HIPAA compliance.
“Danielle has impressive experience and I’m delighted to welcome her to our team,” says Rhonda J. Tobin, Managing Partner at Robinson+Cole. “Continuing to expand the depth and geographical diversity of our health law practice is another step in the execution of our strategic plan to expand some of our strongest practices in our most strategic locations.”
Steptoe & Johnson PLLC opened three new offices in Texas located in Dallas, San Antonio, and Collin County. Steptoe & Johnson’s new Texas operation includes –eleven new attorneys specializing in an array of fields including commercial real estate, corporate transactions, energy, and tax law. The Dallas, San Antonio, and Collin County offices will be managed by Elizabeth Cromwell, Katherine David, and Brad Fletcher, respectively.
Steptoe & Johnson CEO, Christopher L. Slaughter said “These locations represent a strategic investment for the firm to better serve our existing clients in Texas and widen our scope of services to new clients. Our new lawyers bring substantial experience and knowledge to the firm’s practices. They are valued additions to the Steptoe & Johnson team.”
“Serving as ABA president and representing the legal profession is an honor. The ABA is committed to advancing the rule of law and increasing access to justice. As president, I will work tirelessly towards achieving those goals,” said Mr. Turner.
Ankura is one of 83 firms to contribute intelligence to the 2021 Verizon Data Breach Investigations Report (DBIR), which provides an analysis of data breaches and security incidents and provides ways to proactively mitigate future risks. The Verizon Data Breach Investigations report is important for law firms because of the technical information and metrics that are associated with cyber-attacks. Ankura’s team provided intelligence related to almost one hundred cyber matters including ransomware, espionage and other financially motivated actions.
“Leaders at every level need to understand technology and the benefits and risks it poses to their organizations. The 2021 Verizon Data Breach Investigations Report does an extraordinary job capturing many of these risks, and Ankura’s inclusion on the DBIR team is testament to the quality of work and collaboration our team brings to every engagement, every day,” says Hon. Patrick J. Murphy of Ankura’s Cybersecurity practice.
Mr. Sheinvold brings the expertise of commercial and business litigation, regulatory and administrative litigation and product liability defense to the IADC team. “I am honored to be invited as a new member of the prestigious International Association of Defense Counsel and to join my distinguished colleagues of the corporate defense bar who rely on the IADC to provide valuable, high-level education and professional support and development opportunities,” said Mr. Sheinvold.
Legal Innovation & Pro Bono Programs
In July, Ropes & Gray hosted a “Legal Bootcamp” in partnership with BUILD (Broader Urban Involvement & Leadership Development), a Chicago youth development organization that focuses on gang intervention and violence prevention.
“A hallmark of Ropes & Gray Chicago has always been our commitment to the Chicago community,” said office managing partner Paulita Pike. “This dedication is evident by the extensive efforts from our Chicago office family in launching the Legal Bootcamp. We’re thrilled at the positive responses we’ve received from the students and BUILD, and I’m proud of my colleagues.”
Ropes & Gray worked with five high school and college age students to participate in a three week pilot program, which highlighted professions in the legal industry, including judges, attorneys and commercial support professionals. The curriculum included a corporate legal clinic, a speaker series and a preliminary injunction hearing workshop.
“Launching our inaugural Legal Bootcamp, together with BUILD, has been a highlight for our Chicago office over this summer,” said Ropes & Gray litigation and enforcement partner Tim Farrell. “We hope that by giving students who otherwise would not have access to or a background in the legal industry a front row seat at a corporate law firm, we’re advancing our mission of inclusion while hopefully the students are getting a broader perspective of the world of possibilities that lie ahead for them.”
Barnes & Thornburg selected five undergraduate students as members of the first class of its Pre Law Scholars Program, which aims to assist students’ pursuing a law degree. Through the program, Barnes & Thornburg will cover the cost of the students’ Law School Admission Test (LSAT) and LSAT prep coursework, as well as helping with the cost of law school applications. Additionally, attorney mentors from Barnes & Thornburg will work with the students to help guide them through law school.
“We are very excited to welcome the inaugural class of Prelaw Scholars to the Barnes & Thornburg family. They are all amazingly accomplished individuals and we are thrilled to be a part of their journey to law school,” said Sarah Evenson, Barnes & Thornburg’s director of law school programs. “Our hope is this program not only lessens the financial burden and administrative obstacles of applying to law school, but also provides key mentoring connections helping to prepare them for law school and ultimately rocket them to the legal career they desire.”
The Pre-Law Scholar program is presented in conjunction with Barnes & Thornburg’s Racial Justice Committee, which strives to support diverse candidates interested in pursuing law as a career.
“Our core belief as a firm and as a committee was to identify ways to build relationships with a pipeline of diverse legal talent and to mentor these aspiring legal professionals as they prepare to enter law school. The Prelaw Scholars Program does just that and I’m proud to be a part of it,” said William A. Nolan, member of the firm’s management committee and Racial Justice Committee.
The first class includes:
Phillip Arrington IV, Loyola University Chicago, B.A. in Political Science
Natalie Frazier, Emory University, B.A. in Women’s Gender and Sexualities Studies
Esther Oluwapelumi Durosinmi, Loyola University Chicago, B.A. in Political Science
Alexa M. Carpenter, Central State University, B.S. Criminal Justice
Jasleen Gill, University of California Berkeley, B.A. Philosophy and Legal Studies
“Leigh Anne, Lela and Kim continue to demonstrate superior skill and client success in their litigation practices, and we are proud to see them recognized once again in this prestigious list,” said Bradley Chairman of the Board and Managing Partner Jonathan M. Skeeters.
Ms. Hodge is leader of the Litigation Practice Group and a member of the firm’s Healthcare Practice Group and is based in the Birmingham office. She represents clients in the healthcare industry in cases involving product liability litigation, medical malpractice litigation, peer review and staff privileges matters, administrative hearings before licensure boards, ERISA litigation, Medicare Advantage plan litigation, managed care litigation, insurance disputes and insurance fraud cases.
Ms. Hollabaugh works in the firm’s Nashville office, and advises leading natural gas pipeline companies and other infrastructure clients on issues involving location, land acquisition, construction and operations. She recently co-authored an amicus curiae brief to the U.S. Supreme Court supporting the industry’s position on the scope of the Natural Gas Act and the state’s 11th Amendment immunity.
Ms. Martin focuses on general litigation with an emphasis on medical device and pharmaceutical products liability litigation. She is based in the firm’s Huntsville office, and recently served as trial counsel defending a nationwide hospice provider in a three-month False Claims Act trial brought by the Department of Defense, which resulted in a dismissal.
The National Law Review (NLR), one of the highest volume business law news services in the United States, announced that Tracey Goldvarg joined the company as Business Development Director. Goldvarg brings extensive legal business development and B to B publishing experience from her previous leadership roles at American Lawyer Media (ALM), Today’s General Counsel, and Inside Counsel. Goldvarg’s wealth of knowledge and legal industry know-how will enhance the National Law Review’s initiatives involving various advertising, promotional and other new product offerings.
The National Law Review is a leading source of information for companies and individuals looking for guidance on compliance and regulatory matters. The NLR’s COVID-19 pandemic coverage garnered over 4.3 million readers in both March and April of this year, and the NLR’s pandemic coverage continues following Congressional and Executive directives and local Coronavirus mandates.
Goldvarg joins the National Law Review at an exciting time, when the company is poised for exponential growth as traffic levels to the National Law Review have tripled in the last year.
Jennifer Schaller, Managing Director of the National Law Review:
“We are excited to welcome Tracey to our team. Her depth of experience in the publishing and in the legal and financial services fields is invaluable as we continue to grow and develop new markets, expand coverage in new areas and amplify our product offerings to our clients and in new verticals. Tracey’s upbeat attitude and exceptional commitment to client service is just what we need to keep our momentum going.”
Goldvarg:
“I am thrilled to be joining such a dynamic and nimble organization at such a pivotal time in its growth. I look forward to continuing our on-going collaboration and welcome the opportunity to join a women-owned organization, that values the insights and talents of its team-members and has such high standards of customer service to its clients. Their client retention numbers are unparalleled.”
The NLR is a certified women-owned business enterprise that reports breaking legal news on emerging and on-going business issues ranging from business immigration to the regulatory and operational challenges of the Coronavirus pandemic.
The National Law Review’s U.S based editorial team publishes around the clock and optimizes legal thought leadership for search engine visibility, and for distribution via news syndication partners. The NLR also promotes our published content through their extensive social media network, and to their over 135,000 daily newsletter subscribers.
About the National Law Review: The National Law Review is a daily legal news website with a mission to provide objective, reliable and practical litigation, legislative and administrative legal news and analysis through partnership with law firms, other legal and business organizations and our own staff journalists. The NLR’s online platform was developed by corporate attorneys and is the online descendant of a legal publication tracing its roots back to 1888. With the talents of our own writers and contributing authors, the National Law Review has grown into one of the highest volume business law publications in the U.S., with an average of 2 million visitors each month. Visit us at www.NatLawReview.com.
As we move into fall, the National Law Review’s editorial team takes a look at the constantly evolving legal industry landscape—paying special attention to law firm hires, attorney awards and law firm innovation.
Law Firm Moves & Hires
Securities attorney Paul McCurdy joined Katten’s Financial Markets and Funds group as a Partner in New York. Before joining Katten, McCurdy led the broker-dealer regulatory practice for over 20 years at his previous firm, and he also previously served as an executive committee member and as the firm’s chairman.
In his practice, McCurdy represents investment banking, retail, clearing and direct broker-dealers and advisory firms in regulatory and enforcement matters. He has defended witnesses in over 200 interviews before the Securities and Exchange Commission, the Financial Industry Regulatory Authority and the Department of Justice.
“Katten is a solid leader in the financial services industry, well-known as a one-stop resource with a deep bench of talent and some of the most experienced litigation and regulatory enforcement attorneys there are,” McCurdy said.
“John and Roxanne join our national team at an extremely opportune time,” said Michael L. Stevens, labor & employment practice leader. “Since the start of the year, our clients have increasingly sought our counsel as the COVID-19 pandemic has forced them to shift their business and employment strategies and operations. Now, we’re starting to see a growing number of disputes with employees on a variety of fronts and adding John and Roxanne will strengthen our support for clients in California and across the country.”
Wilson focuses her practice on advising clients on employment-related class actionsregarding drug and alcohol policies, sick leave, employment application and wage and hour issues.
Grant Schneider joined the Washington, D.C. office of Venable as the senior director of cybersecurity services. Previously, Schneider was the federal chief information security officer for the White House Office of Management and Budget. He also served as the senior director for cybersecurity policy on the White House National Security Council.
During his time working for the federal government, Scheider oversaw the review of the government’s cybersecurity enterprise and worked with Congress on the SECURE Technology Act which established the Federal Acquisition Security Council.
“Grant joins us from a distinguished career in the federal government, where he led numerous initiatives that were pivotal to managing risk and enhancing our national cybersecurity, not least of which was his recent work on supply chain security, encryption, and identity management. We look forward to welcoming him to our team and leveraging this experience in service to our clients,” said Ari Schwartz, managing director of cybersecurity services at the firm.
Schneider also worked as the senior director for cybersecurity policy for the National Security Council, helping gain presidential approval for the first National Cyber Strategy in more than 15 years.
“Venable presented the rare opportunity to work with some of the nation’s leading minds in shaping the future of cybersecurity from within the private sector. I have spent my nearly 28 years of government service implementing innovative programs and policies on a national scale and am eager to stretch these muscles in new ways to advance the cybersecurity goals of the firm’s clients,” Schneider said.
Marc Boiron and Rebecca Rettig joined Manatt law firm as partners in the firm’s financial services group and fintech practice. Boiron will be based out of the firm’s Los Angeles office and Rettig is joining the firm’s New York office.
Boiron, a leading corporate lawyer and blockchain and virtual currency advisor, has experience guiding clients through issues such as token distributions, regulatory compliance and financings. Boiron is admitted in California and Delaware and advises companies on governance and corporate issues.
Rettig was recognized as one of the top 100 women lawyers in New York City by Crain’s New York Business, and represents blockchain and virtual currency companies in litigation and private arbitrations. She works with Fortune 100 companies on securities, shareholder derivative and contract disputes.
“We were really drawn to Manatt due to its groundbreaking approach to client services, which blends legal and business advisory services, as well as its bench of nationally recognized lawyers, consultants and technologists,” said Boiron. “We believe that the firm’s hybridized platform and collaborative culture will resonate with and be an invaluable resource for our clients as they prepare to tackle any challenge they may face in today’s new, and unprecedented, economy,” Rettig added.
“I am very pleased to welcome Maja to the team. She is a talented lawyer with significant experience in some of the most complex bankruptcy cases and restructuring matters,” said Michael Messersmith, chair of the Bankruptcy and Restructuring group at Arnold & Porter. “Maja’s expertise, energy and business-focused mindset will complement our existing strengths and help our clients navigate the challenging restructuring landscape during this unprecedented time.”
Zerjal Fink was named a Pro Bono Star by Human Rights First and is a 2020 member of the International Insolvency Institute’s NextGen Class IX.
“I am thrilled to be joining Arnold & Porter’s world-class Bankruptcy and Restructuring practice,” Zerjal Fink said. “I look forward to expanding my practice and helping clients achieve their goals with a sophisticated and collegial team of lawyers.”
Norris McLaughlin Chairman John N. Vanarthos said the additions of Cassin and Switkes are critical components of the firm’s pandemic strategy.
“To be able to provide services our clients need, in a time of need, is so crucial to us. We are excited to have Jeff bring our already-well-established business group to New York, and to have Ross as an essential member of our bankruptcy group is truly a testament to our firm’s commitment to client service,” Vanarthos said.
Cassin’s expertise includes representing companies at every stage of the corporate lifecycle, and has led successful acquisitions and divestitures and has closed transactions in restaurant management, media, technology and human capital.
“Norris McLaughlin’s approach throughout the pandemic has been to help clients work through it so they come out stronger on the other end, which is a value that I share. I’m excited to be joining the team,” Cassin said.
Switkes’ practice includes corporate restructuring, and commercial litigation, debtor/creditor rights and corporate restructuring. He currently serves as the Vice-Chair of the Lawyers Advisory Committee for the U.S. Bankruptcy Court, District of New Jersey, and is a Trustee of the Mercer County Bar Association.
“I am excited to join Norris McLaughlin and its Bankruptcy Group. It is a privilege to join such a well-respected team. Not only am I benefitting from having access to the kind of business platform and infrastructure that I need to grow my practice, but my clients will benefit from the opportunity to take advantage of the broader range of high-quality legal services that Norris McLaughlin offers, and they can do so without an interruption in value,” Switkes said.
Dunning graduated from Harvard Law School in 1977 and went on to achieve equity partnerships at two Am Law 200 firms in a career spanning four decades. Dunning is recognized as a top employment law attorney in Utah and nationwide, and she has dedicated her time to educating others in the profession, serving as a mentor to junior women attorneys.
“Terry truly is the whole package—she is smart, hard-working, and devoted to her clients, her colleagues, her community, and to the rule of law,” said Brit Merril, one of the newer members of Holland & Hart’s Employment team and Denning’s mentee. “Terry is an exceptional mentor, a skilled advocate, and the embodiment of civility and professionalism.”
In addition to her legal career, Denning has served in leadership roles on the Board of Trustees for the Presbyterian Church Foundation and the Committee on Mission Responsibility Through Investment for the Presbyterian Church.
The St. Louis Business Journal named Armstrong Teasdale Partner Sarah Sise as one of its Most Influential Business Women for 2020, selecting Sise as one of 24 recipients out of 225 nominations.
Sise is the co-leader of Armstrong Teasdale’s Employee Benefits and Executive Compensation practice and has over 20 years of experience in the field. Sise also serves as co-chair of Armstrong Teasdale’s Inclusion Committee and is involved in the firm’s Women’s Inclusion Network.
Paul Klimos of DLA Piper
DLA Piper announced Paul Klimos, an associate in DLA Piper’s Corporate Practice, was appointed to the Global Future Council on Agile Governance of the World Economic Forum (WEF). Klimos will begin his one-year period of membership on October 1, 2020. The WEF Global Future Council’s is invitation only, and is comprised of thought leaders from across academia, business, civil society and government, dedicated to innovation and sustainability with an eye to the future. Klimos’ experience working with emerging technologies and entrepreneurs will inform his time on the WEF Global Future Council. In his practice, he represents emerging growth companies at all levels, as well as investors.
Nancy S. Shilepsky, partner in Sherin and Lodgen’s Employment Department, has been appointed to a three-year term as Employee Co-chair of the American Bar Association (ABA) Section of Labor and Employment Law’s International Labor and Employment Law Committee. Her term began on September 1, 2020 and will run through the end of August 2023. In this role, Shilepsky will study and report on foreign labor relations law and employment practices, with an emphasis on US executives and foreign executives working in the US. Shilepsky, along with her role at Sherin & Lodgen, has an internationally recognized reputation in executive employment compensation. On her role with the ABA, Shilepsky says:
The International Labor and Employment Law Committee has the unique responsibility of staying apprised of legal developments across the world. I’m honored to receive this appointment and look forward to working with members of the Committee to offer the most up-to-date analysis of international employment law.
Nancy is a leading influence in the world of executive advocacy and employment law and litigation and is a Fellow of the College of Labor and Employment Lawyers. She is a champion of the interests of individuals and a trusted counselor to executives, professionals, and partners across a wide range of industries. Nancy has established an internationally recognized reputation representing such clients in complex matters involving executive employment and compensation. She is known for her pioneering efforts in wrongful termination and discrimination cases. Her work includes a high-profile sexual harassment case involving the impact of the First Amendment on workplace speech restrictions and a landmark case dealing with the eradication of race-based discrimination in compensation.
The ABA’s Labor and Employment Law Section is comprised of more than 20,000 members who represent all perspectives of labor and employment law: management, union, plaintiff, neutral, and public. The Section is committed to a balanced discussion of employment issues throughout the world.
Sonny Haynes of Womble Bond Dickinson
Womble Bond Dickinson announced that Sonny Haynes, a partner in the Winston-Salem office, has been named one of the Minority Corporate Counsel Association (MCCA)’s Rising Stars for 2020. Attorneys who are given this honor must have at least eight years of experience in the legal profession, have leadership and achievements that are outstanding and have demonstrated a commitment to community service, pro bono work, and diversity, inclusion and equality.
Haynes fulfills these requirements through her practice focused on insurance defense, product liability and mass tort litigation. She has been a member of the City of Winston-Salem’s Human Relations Commission since 2013, and she served on the Minorities in the Profession Committee of the North Carolina Bar association. In her community, Haynes has recently focused on improving communication between community leaders and law enforcement on racial inequalities in the criminal justice system, among other community service efforts.
Law Firm Innovation and Development
“Necessity is the mother of invention,” and the stress and constraints of COVID-19 has inspired many ideas to facilitate the adaptation required by the virus. The Pandemic Technology Resource Center, operated at PandemicIp.org is a non-profit website with a searchable database of COVID-19 adaption ideas and technology, contributed to the public domain. The goal of this initiative is to ensure useful adaption ideas are spread quickly, to reduce the spread of COVID-19. PandemiciP.org is led by Jim Sulciner, a technology entrepreneur for over 30 years and former CEO of RTD Company and the website PandemicIP.org was organized by the intellectual property law firm Schwegman Lundberg & Woessner, P.A. (Schwegman).
PandemicIP.org’s board members Janal Kalis, a partner at Schwegman, and Russell Slifer, a former Deputy Director of the U.S. Patent and Trademark Office, infuse the endeavor with their expertise in patent licensing and commercialization. This innovative website is a great place for users to search ideas and solutions, so others may benefit from the adaptations and discoveries made necessary by the virus. By sharing work, innovators can stand on each other’s shoulders and make the innovation’s required by these interesting times.
M&T Bank recently announced Nota, a Fintech tool designed to assist attorneys manage their trust accounts from their bank accounts. The ABA recommends attorneys complete a three-way reconciliation process and balance their books against client ledgers and their bank statement. Mistakes in this process can be time-consuming and expensive errors can lead to being out of compliance with state requirements and could mean inquiries, audits and possible disbarment. Nota was designed to simplify the trust account management process, creating a seamless and efficient tool for lawyers to adhere to their accounting requirements. The tool was designed for small law firms and solo attorneys, which may not have extensive staff for accounting procedures. Paul Garbian, president of Nota, says, “Nota is transforming the way lawyers manage their trust accounts. We’ve reimagined the process by connecting it directly to the bank accounts and making it more intuitive, so attorneys spend less time managing their trust accounts and more time practicing law.”
We’ll be back with more legal industry news in two weeks. Thanks for reading!
Before James Comey headed up the F.B.I., he served as general counsel of Lockheed Martin Corporation. While at Lockheed, he spoke at the National Security Agency about how studying law is similar to the education intelligence analysts receive. “You read a case and decipher…relevant facts, the [outcome] of the case…you are drilled on your reasoning, challenged by other interpretations…clear writing matters…facts matter.” He went on to praise legal training “because it is an extraordinarily valuable tool in the world of intelligence.”
He elaborated on what he called a “uniquely lawyerly ability…to transport ourselves to another time and place. The ability to present facts to an imaginary future fact-finder, in an environment very different from the one in which we face current crisis and decision…we know that our actions, and those of the agencies we support, will be held up in a quiet, dignified, well-lit room, where they can be viewed with the perfect, and brutally unfair, vision of hindsight.”
Comey talked about how lawyers “must know how to say both ‘yes’ and ‘no,’ even when ‘no’ must be spoken into a storm of crisis, with loud voices all around, with lives hanging in the balance…and often, ‘no’ must be spoken in competition with the voices of other lawyers who do not have the courage to echo it.”
While I find Mr. Comey’s short remarks to be thoughtful and on target, I do take exception to his assertion that presenting facts to an imaginary future fact-finder is “uniquely lawyerly.” I would argue that same skill set is present in the men and women who practice the specialized art and craft of crisis management and crisis communications. They, too, must be able to quickly perform a situation analysis (often within the fog of information overload), look for connections and quickly play out a variety of scenarios, also knowing they will be second-guessed if things go awry. And just as important as lawyers giving red light-green light counsel, so must crisis management counsel be able to take a stand – and speak truth to power.
Bad things do happen to good people, to good companies, agencies, nonprofits, schools and hospitals. But as Greek philosopher Epictetus said, “It’s not what happens to you, but how you react to it that matters.” And when those things do happen, it’s important to have both lawyers and seasoned crisis managers in the room, each with the ability to say “yes” or “no” with conviction, backed up with the kind of experience that can’t be found in a book.
In that talk at the National Security Agency, Comey said, “It takes far more than a sharp legal mind to say ’no’ when it matters most. It takes moral character. It takes an ability to see the future. It takes an appreciation of the damage that will flow from an unjustified ‘yes’ (and) when it can be, to ‘no’ when it must be.”
With plenty of adjustments and creativity, the legal industry churns into August. The legal industry has shown remarkable ingenuity as law firms adapt to the challenges of COVID-19 and the ancillary impact of the pandemic. Below we highlight some law firm hires, law firm innovations and accolades, and legal technology news.
Law Firm Hires and Lateral Attorney Moves
Labor and employment lawyer Ryan McCoy rejoined Norton Rose Fulbright as a partner. McCoy split the past seven years between Baute Crochetiere Hartley & Velkei and Alston & Bird, previously spending eight years as part of Norton Rose Fulbright’s dispute resolution and litigation practice from 2005 until 2013.
McCoy represents clients from the healthcare, pharmaceutical, retail, insurance, transport and insurance industries, focusing his practice on wage and hour class actions, discrimination suits, wrongful termination and retaliation, commercial litigation, and complex insurance coverage. He has also defended clients before the American Arbitration Association in wage and hour violations, sexual harassment, pregnancy discrimination, disability discrimination as well as meal and rest period disputes.
“Ryan impressed us as a young lawyer, and we are thrilled to have him return in his prime. The client demand for employment and labor law seems to be at an all-time high during this unusual time for businesses,” said Shauna Clark, Norton Rose Fulbright’s U.S. head of employment and labor.
“I am delighted to return to Norton Rose Fulbright and collaborate once again with these talented lawyers. The firm’s unmatched global reach and wide range of offerings will benefit my clients significantly,” McCoy said.
Mr. Yanney focuses his practice on all aspects of patent law, ranging from patent litigation, opinions and counseling, to Patent Office prosecution, and has experience in handling a wide range of technologies including RFID, cellular systems, medical electronics and devices, signal processing, communication systems, electronic tolling, and elevator control systems. Yanney has prosecuted more than 2,000 patent applications and written more than 100 patent opinions, in addition to arguing several cases before the U.S. Court of Appeals for the Federal Circuit and the Patent Trial & Appeal Board.
“I’m excited to welcome Pierre Yanney to our New York office. Pierre is known for the breadth and depth of his IP experience. It’s rare that you come across someone like Pierre who can write a patent application, get it allowed at the Patent Office, and also litigate patents in district court. His talents and business insights will be a positive addition to our active Corporate and Commercial practice,” said Bressler New York Managing Principal, Mark Knoll.
Labor and employment attorney Scott Nelson joined Hunton Andrews Kurth as a partner in the law firm’s Houston office. Nelson previously was a partner at Seyfarth Shaw LLP, and led Baker McKenzie’s domestic U.S. Employment Counseling and Litigation practice.
Nelson’s practice focuses on complex employment litigation, specifically wage and hour class and collective actions, ERISA litigation, and trade secret and restrictive covenant matters. He also counsels clients on employment law compliance, including international employment law issues, restrictive covenants, wage-and-hour matters, internal investigations, executive terminations, mass layoffs, employee policies, employee training and due diligence.
“Scott’s thorough understanding of the many complex issues our clients face and his impressive track record of experience handling ERISA litigation and advising on international employment law matters complement the strengths of our comprehensive labor and employment practice,” said Emily Burkhardt Vicente, co-chair of Hunton Andrews Kurth’s labor and employment group. “We are pleased to welcome him to the firm.”
Bergeson & Campbell attorney Timothy D. Backstrom passed away on July 24. Backstrom joined Bergeson & Campbell in 2007, and was an expert in the Federal Insecticide, Fungicide, and Rodenticide Act, also contributing to the law and regulation of fuel and fuel additives under the Clean Air Act.
“Tim was an incredibly gifted lawyer, respected by his peers, loved by his fellow colleagues here at Bergeson & Campbell, P.C., and a wonderful man, husband, and father. He is survived by his wife Lydia Cox Backstrom, his (step) son Christopher Blancato, his brother Paul Backstrom (Kathy), and his cousins Dan and Don Backstrom,” Bergeson & Campbell said in a statement following his death.
Backstrom grew up in Illinois and Wisconsin, later moving to the East coast to earn his undergraduate degree at the Massachusetts Institute of Technology. He earned his law degree at Yale Law School, and then went on to work for the U.S. Environmental Protection Agency’s Office of General Counsel on pesticide, toxic substances, and air quality issues for 25 years, developing a deep understanding of FIFRA.
“We will miss Tim’s uncompromising commitment to legal excellence, his passion for the law, his exuberance for any work composed by Gustav Mahler, and his unrelenting belief that the rule of law will ultimately prevail over the societal challenges we are now experiencing,” Bergeson wrote in a statement.
Law Firm Innovation
Winston & Strawn announced the formation of an Environmental, Social and Governance (ESG) Advisory Team, designed to help companies navigate their ESG profiles. The advisory board will be co-chaired by Winston & Strawn partners Mike Blankenship and Eric Johnson, and utilizes the firm’s experience across disciplines to oversee the ESG issues companies are facing during these challenging times. Blankenship identifies the correlation between successful businesses and their attention to ESG values, saying, “successful businesses are placing ESG principles at the forefront of their core values and leveraging those principles to chart a path for financial success and future growth to the benefit of all their stakeholders, including employees, customers, vendors, local communities, and stockholders.”
The team includes Chicago partners Mike Melbinger, Eleni Kouimelis, Cardelle Spangler, and Rex Sessions, of counsel Stephanie Sebor; New York partner Tara Greenberg, London partners Peter Crowther and Anthony Riley. The group will focus on ESG disclosure and messaging, Board oversight of ESG risks, shareholder activism, corporate governance and regulatory compliance. With an eye to these principles, the Winston & Strawn ESG team will “work closely with clients to develop and execute ESG-related initiatives that best fit their specific needs to the benefit of all of their stakeholders,” Eric Johnson says.
To date, Hughes Hubbard & Reed has identified 110 coronavirus and CARES act cases brought by the Department of Justice and Securities and Exchange Commission, with 12 state attorneys general bringing cases. Pennsylvania’s attorney general’s office has been the most active with COVID-19 related legal actions. Forty percent of cases involve alleged criminal violations, and 30 percent of coronavirus related cases include a suspension of securities trading by the Securities and Exchange Commission, with the number of cases growing steadily since April.
The tracker can be accessed here with detailed information on each case, including links to court filings and relevant statutes.
DLA Piper law firm received the 2020 Beacon of Justice Award from the National Legal Aid & Defender Association (NLADA), recognizing the growth of the firm’s pro bono practice focusing on the needs of immigrant children facing abuse, neglect and abandonment. The NLADA also recognized the firm’s collaboration with the American Bar Association to develop habeas corpus petition template pleadings and practice advisories for unaccompanied children.
“We are honored to play a role in advocating for the rights of vulnerable individuals and families seeking a better life in the US,” said Lisa Dewey, pro bono partner and director of New Perimeter, DLA Piper’s nonprofit affiliate that provides long-term pro bono legal assistance in under-served regions around the world. “I am proud of the dedication to serving immigrants that our lawyers have demonstrated through their pro bono service, and we look forward to continuing this important work.”
Jay Bender, a partner at the Birmingham, Ala. office of Bradley Arant Boult Cummings law firm, received the Alabama Commendation Medal from the Alabama Army National Guard for his work on the “Honoring American Veterans in Extreme Need Act of 2019” (HAVEN Act; H.R. 2938).
The HAVEN Act was signed into law last year, changing bankruptcy laws to protect disabled veterans experiencing financial hardship. Bender worked pro bono alongside other Bradley attorneys on the law, serving as co-chair of the Legislative Committee of the American Bankruptcy Institute Task Force on Veterans and Service Members Affairs – of which Mr. Bender is a founding member.
“We congratulate Jay on this prestigious recognition of his many years of work and unwavering commitment to protecting disabled veterans in financial distress and ushering the HAVEN Act into reality,” said Bradley Birmingham Office Managing Partner Dawn Helms Sharff. “This recognition is reflective of Jay’s outstanding work and the importance of this landmark law in helping disabled veterans and their families achieve financial stability.”
The settlement involved allegations that a testing laboratory owned by Cordant Health Solutions paid kickbacks to two major clients of the laboratory to encourage further testing referrals to the laboratory from those clients. The whistleblower, who was a former employee of Cordant, filed the lawsuit under the qui tam provision of the False Claims Act five years ago. Cordant agreed to pay the government $11,942,913 to settle the claims. The government awarded the whistleblower approximately $2.4 million, or 20 percent of the settlement amount.
“This settlement shows that the False Claims Act works,” Tycko said. “Through the qui tam provisions of that law, our client was able to bring the kickbacks to the attention of the government in a way that led to both criminal and civil remedies. We are proud and humbled to represent brave whistleblowers, such as the individual who brought this case.”
“We are grateful for how seriously the U.S. Attorney’s Office, and all the government lawyers and investigators who have worked on this matter, took our client’s allegations, and for the work they did to reach this settlement,” said Luna.
Bryan Cave Leighton & Paisner recently announced that Denver associate, Ivan London, was recently elected to serve on the Board of Advisors for Western Energy Alliance. Comprised of 300 member companies, the Western Energy Alliance focuses on environmentally responsible exploration and production of oil and gas in the region. The Western Energy Alliance supports policies to encourage investment and job growth in the region. London’s practice with Bryan Cave focuses on regulation in energy, environmental and with other natural resource matters.
Legal Technology Innovations
At the end of July, Clariviate Plc announced an agreement to combine with CPA Global, a global leader in IP software and tech –enabled services. The transaction will be all-stock with an enterprise value of approximately $6.8 billion. The transaction is expected to go through regulatory approvals, is expected to close fourth quarter of 2020. By combining efforts, CPA Global and Clarivate will provide an IP solution that provides market-leading software, data, technology and services throughout the IP lifecycle, from academic research to IP portfolio management.
Jerre Stead, CEO of Clarivate indicates the company’s share similar core values and expects the partnership to lead to more innovation. He says, “This is a transformative combination with a strong strategic fit between the two companies. It will create a full-service IP organization which will provide customers with a wide range of products and services to help them make faster and smarter critical decisions.” Simon Webster, the CEO of CPA Global, echoes the sentiment, calling the move “a natural next step.” He says, “The fit between our respective product offerings across the innovation and IP lifecycle, the commonality of our vision for the future of the industry, and the alignment of both companies’ cultures and values makes for an extremely exciting future for our customers, employees and shareholders alike.”
Leading accounting firm BDO USA, LLP launched Athenagy, a business intelligence platform for legal professionals, designed to provide the legal department with transparency and critical insight throughout the litigation cycle. Athenagy is designed to integrate with Relativity®One and can provide critical insight into where data lives and what it does through the steps of a legal hold, providing information to legal professionals.
Daniel Gold, managing director of BDO Managed Services practice, says “Athenagy solves persistent problems that legal departments face when it comes to managing their data. By providing transparency and detailed analytics throughout the data lifecycle, Athenagy is empowering legal professionals to make better, more informed decisions at every step of the e-discovery process, and beyond.”
