Tag: law firms

“My Lawyer Made Me Do It” is Not an Absolute Defense to Bankruptcy Court Sanctions

Last year, we offered a lesson and a moral from a North Carolina district court decision reversing a $115,000 sanctions order by a North Carolina bankruptcy court.

The lesson from the case was that the bankruptcy court cannot sanction a creditor if there is an objectively reasonable basis for concluding that the creditor’s conduct is lawful.

The moral was that a creditor can avoid the time, expense, and risk associated with litigating contempt and sanctions issues by taking basic steps to ensure that confirmed Chapter 11 plans are clear and precise.  The moral is even more glaring now because a recent decision from the Fourth Circuit Court of Appeals reveals that the parties continue to fight in court over the easily-avoidable sanctions order.  The decision also clarifies when and why a bankruptcy court can sanction a creditor.

Factual Background

In 2009, the Beckharts filed Chapter 11.  At the time, they were almost a year behind on a loan secured by the property at Kure Beach.  The loan servicer objected to planning confirmation because it did not specify how post-petition mortgage payments would be applied to principal and interest.  The bankruptcy court confirmed the plan without clarifying the issue, but the servicer did not ask the court to reconsider its order, nor did it appeal.

The Beckharts paid for five years.  Shellpoint acquired the loan from the original servicer and treated it as in default based on unpaid accrued arrearages.  Periodically, Shellpoint sent default letters to the Beckharts, who disputed the default.  Counsel for Shellpoint advised that the confirmation order had not changed the loan contract terms and that the loan remained in default.  The matter escalated with the Beckharts filing complaints with the Consumer Financial Protection Bureau.  Shellpoint commenced foreclosure, then represented to the Beckharts that it was ceasing foreclosure, but then posted a foreclosure hearing notice on the Beckharts’ door (allegedly due to error).

Litigation

In January 2020, the Beckharts moved the bankruptcy court to find Shellpoint in contempt and award them monetary sanctions.  The court held a hearing in June and, in September 2020, found Shellpoint in contempt.  The court tagged Shellpoint with $115,000 in sanctions for lost wages, “loss of a fresh start,” attorney’s fees, and travel expenses.

Bankruptcy courts have the power to hold a party in civil contempt and to impose sanctions for violation of a confirmed plan.  The test for liability is based on a recent United States Supreme Court decision — Taggart v. Lorenzen.  The Taggart test prohibits sanctions if there was an “objectively reasonable basis for concluding that the creditor’s conduct might be lawful.” There can be contempt for violating the discharge injunction only “if there is no fair ground of doubt as to whether the order barred the creditor’s conduct.”

In reversing the bankruptcy court, the district court noted that the plan and confirmation order did not state how much the debtors would owe on confirmation, did not say how the $23,000 in arrears would be paid, and did not set the amount of the first payment.  Confusingly, the confirmation order also said that the original loan terms would remain in effect, except as modified.  Finally, the district court pointed out that Shellpoint was repeatedly advised by counsel that their behavior was authorized, and reliance on the advice of outside counsel is a sufficient defense to civil sanctions.  Based on all these facts, the district court found that Shellpoint acted in good faith and interpreted the confirmation order in a manner consistent with the contractual terms of the loan, and that was objectively reasonable.

Taggart was a Chapter 7 case involving a discharge violation, but the Fourth Circuit held that the “no fair ground of doubt” test applied broadly in bankruptcy – including in Chapter 11 cases.

But the Fourth Circuit disagreed with the district court’s decision to reverse the bankruptcy court because the creditor had requested and received legal advice from outside counsel.  The Fourth Circuit held that advice of counsel is not an absolute defense in civil contempt.   The Court suggested that, under the Taggart test, advice of counsel “may still be considered in appropriate circumstances as a relevant factor” and “a party’s reliance on guidance from outside counsel may be instructive, at least in part, when determining whether that party’s belief that she was complying with the order was objectively unreasonable.”

The Fourth Circuit held that both lower courts had made mistakes and sent the case back to the bankruptcy court to “reconsider the contempt motion under the correct legal standard, including any additional fact-finding that may be necessary.”

Creditors can take some comfort in the “no fair ground of doubt” test, which is more forgiving than a strict liability standard.  But creditors can’t blame their lawyer for perilous conduct and expect the court to exonerate them.

But the most important takeaway hasn’t changed:  Creditors should insist on clear and specific plan terms.  After over two years of litigation, Shellpoint remains in peril of sanctions.  All of this could have been avoided had the loan servicer insisted the plan specify how the Beckharts’ payments would be applied to satisfy the arrearage.

Article By Lance P. Martin of Ward and Smith, P.A.

For more bankruptcy legal news, click here to visit the National Law Review.

© 2022 Ward and Smith, P.A.. All Rights Reserved.

Adding Impact to Your Next Cross Examination: 5 Things to Consider When Presenting Witness Testimony

As every trial attorney knows, there are many strategies for cross examining a witness. Among the most effective is confronting a witness with their previous deposition testimony. Nothing beats an opportunity to use their own words against them.

In order to get the most impact from this practice, a savvy litigator will read transcript passages or play audio/video excerpts from the witness’s deposition. An alternate technique—most effective when there is a lot of testimony—is showing a witness’s testimony on-screen using slides. Of course, as with any PowerPoint presentation, there are several things to consider when using this tool to cross examine a witness.

Tips for Witness Testimony Presentation

1. FORMAT THE TRANSCRIPT TEXT

Rather than importing an image of the transcript page, consider copy/pasting or retyping the testimony into a slide. This will give you control over how large you make the text and can even allow you to emphasize certain words or statements that align with your case themes. In addition, most jurors sit 20-40 feet from the projection screen in the courtroom. A good rule of thumb is to use 20-point font type or larger.

2. USE BOLD FONT TYPE

By bolding questions within the transcript, jurors will more easily distinguish them from the witness’s answers to each question. Another tip is to stay away from unique fonts. While “French Script” might be a nice touch on a party invitation, it can be hard to read from the jury box.

3. ANIMATE EACH QUESTION AND ANSWER

If you are using PowerPoint or Key Note, consider adding animation to each question-and-answer text block. It’s natural for people to read ahead if there is more on the screen; by revealing each question and answer one-by-one, you will have a much better chance of holding the jurors’ attention. Effects like “appear,” “wipe,” or “fade” are all good options for this, but stay away from more flamboyant effects like “fly-in” or “zoom” since those are too distracting (and most judges will not allow that to go on for more than a few slides).

4. USE A PHOTO OF THE WITNESS

A photo of the witness will allow the jury to connect the testimony with the witness. If you didn’t videotape the witness, look for a picture on their company website or social media profiles. Obvious caveats apply here; you generally know what the court will allow and to what opposing counsel will object.

5. BE FLEXIBLE

Even though you have prepared all your testimony slides for the unexpected, consider having the entire transcript loaded in a trial presentation software (e.g., TrialDirector or Sanction) that allows you or your trial presentation consultant to jump to any portion of the transcript on the fly. It’s very possible that opposing counsel will argue that an answer is not complete, and the court might instruct you to continue on for several more lines of testimony.

In Conclusion

Visually displaying a witness’s deposition testimony during cross examination allows you to drive home the points most relevant to your arguments and case themes, and most salient to jurors you hope to influence. Following these five simple rules above will make that tactic even more effective in court.

Article By Adam Bloomberg of IMS Consulting & Expert Services

For more business of law legal news, click here to visit the National Law Review.

© Copyright 2002-2022 IMS Consulting & Expert Services, All Rights Reserved.

Preparing to Testify in Response to an SEC Subpoena

When investigating companies, brokerage firms, investment advisors, and other entities and individuals, the U.S. Securities and Exchange Commission (SEC) relies heavily on its subpoena power. Once the SEC launches a formal investigation, it can issue administrative subpoenas to the company executives, brokers, and others. These subpoenas may be a subpoena duces tecum which compels the person to whom it is addressed to produce documents in his possession or control, or a subpoena ad testificandum which compels the person to whom it is addressed to appear at a specific time and place and testify under oath or affirmation. Crucially, while these subpoenas do not require judicial approval, they are subject to judicial enforcement.

With this in mind, receiving an SEC subpoena is not a matter to be taken lightly. Individuals who have been subpoenaed to testify must thoroughly prepare their testimony, and they need to make sure they know what to expect when the day arrives.

Testifying before the SEC is fraught with potential risks. It is imperative that subpoena recipients devote the necessary time to their preparations, and that they work with their counsel to proactively identify and address all potential areas of concern.

Understanding Why You Have Received an SEC Subpoena

When preparing to testify before the SEC, a key first step is to understand why you have been subpoenaed. Broadly speaking, the SEC focuses its enforcement efforts on two areas: (i) protecting U.S. investors, and (ii) preserving the integrity of U.S. capital markets. As a result, most SEC investigations target allegations of fraud, misrepresentation, conspiracy, and other offenses in one (or both) of these areas.

The SEC’s subpoena should provide at least some insight into the focus and scope of the SEC investigation. However, gathering the information you need to make informed decisions may require examination of other sources as well. For example, it will be helpful if you can identify anyone else who has received a subpoena or Wells Notice related to the investigation, and it may be prudent to conduct an internal compliance audit focused on uncovering any issues that could come to light.

Questions You Should Be Prepared to Answer During Your SEC Testimony

When preparing SEC testimony, it is important to keep in mind that you could easily be fielding questions for six hours or longer. While this can seem overwhelming, SEC subpoena recipients can generally expect to be asked questions in seven main categories. These main categories are:

  • Preliminary Matters
  • Background and Personal Information
  • Your Role Within Your Company or Firm
  • The Scope of Your Duties
  • Investors
  • Due Diligence
  • Clarifying and Closing the Record

1. Questions Regarding Preliminary Matters

SEC subpoena recipients can initially expect a series of questions that are designed to provide the SEC with insight into the steps they took to prepare their testimony. While these questions are largely procedural, some can present traps for the unwary. At the beginning of the session, you should be prepared to succinctly and confidently answer questions such as:

  • Did you get the opportunity to review the Formal Order associated with this matter?
  • Do you have any questions regarding the Formal Order?
  • Did you complete the Background Questionnaire by yourself?
  • Are the contents within the Background Questionnaire truthful and accurate?
  • Is there any information you wish to add to the Background Questionnaire?
  • Do you understand the rules and procedures of the SEC testimony process?
  • Do you have any questions on the rules and procedures of the SEC testimony process?

2. Questions Regarding Background and Personal Information

After dispatching these preliminary matters, the focus will shift to the SEC subpoena recipient’s background and personal information. Keep in mind that the SEC likely has much (if not all) of this information already—so if you omit information or provide misleading answers, this will not go unnoticed. During this phase of your testimony, you can expect to be asked questions such as:

  • What is your educational background?
  • Do you hold any professional or financial licenses?
  • Have you ever worked for a financial firm or investment advisory firm?
  • When did you first meet the other individual(s) involved in this matter?
  • Who introduced you?
  • What was the purpose of your first meeting (e.g., social meeting or business planning)?
  • Do your families know each other?
  • Where are you employed now?

3. Questions Regarding Your Role Within Your Company or Firm

If the SEC is investigating your company or firm (perhaps in addition to investigating you personally), you can expect several questions regarding your role within the organization. Depending on your position, the SEC’s investigators may ask you questions regarding the company or firm itself. Some examples of the questions you should be prepared to answer (as applicable) include:

  • When did you start working at the company?
  • What is your position at the company?
  • Can you describe the company’s corporate structure?
  • What are your title and position at the company?
  • Have your title and position changed over time?
  • What are the duties at the company?
  • Have your duties changed over time?
  • How is the company funded?
  • What is your salary at the company?
  • Who makes the majority of the decisions for the company?
  • Does the company sell securities?
  • Does the company pay dividends?
  • Does the company have voting rights?

4. Questions Regarding the Scope of Your Duties

After gaining an understanding of your role within your company or firm, the questioning will likely shift toward examining the scope of your duties in greater detail. In most cases, this is where the questions asked will begin to focus more on the substance of the SEC’s investigation. During this phase of your testimony, potential questions may include:

  • Can you describe your access to investor funds, financial statements and records, and investor details?
  • Are you aware of or do you have access to the sources of the company´s income?
  • What are the sources of the company´s revenue and projected revenue?
  • Can you describe or do you have access to the sources of the company´s expenses?
  • Who is responsible for preparing the company´s financial statements?
  • Do you have any role in preparing or compiling the company´s financial statements?
  • Who is responsible for preparing the company´s projected financial statements, including projected capital contributions, projected expenses, and projected revenues?
  • Do you have any role in preparing or compiling the company´s projected financial statements?
  • Does the company have its financial statements audited on an annual basis?
  • Did you ever act as a point of contact or intermediary between the company and third parties, such as investors or banks?
  • Do you ever serve as a representative of the company?
  • Are you involved in any of the company’s promotional efforts to the public?
  • Do you know or do you have access to details of the company’s anticipated monetization plans?
  • Are you aware of any complaints against the company?

5. Questions Regarding Investors

Once the scope of your duties has been established, the SEC’s investigators may next focus on your company’s or firm’s communications and relationships with investors. Here too, the investigators’ questions are likely to be tailored to the specific allegations at issue—and you could get yourself into trouble if you aren’t careful. To the extent of your knowledge, you should be prepared to accurately answer questions such as:

  • Does the company have investors?
  • Who are the investors?
  • What types of customers and/or investors do the company target or appeal to?
  • Do you communicate with investors?
  • How did the company attract capital contributions for its formation, project funding, and subsequent business plans?
  • Does the company adopt targeted marketing strategies, or does the company engage in general advertising?
  • What is the average contribution of the company’s investors?
  • Did you create, or do you have access to, a cap table?
  • Did you assist in the preparation of a cap table?
  • Did the company issue stock certificates or provide any other proof of equity ownership to investors?
  • Did the company register any of its investments?
  • Did the company issue a private placement memorandum or file a Form D?
  • Do you know if any investors already knew the company´s directors and officers before investing?
  • Does the company solicit investors or advertise to the general public (e.g., retail investors)?
  • Are you aware of what the company does with investor funds?
  • Can you describe your role in preparing any promotional or marketing materials?
  • Has the company distributed any investor documents or marketing/solicitation materials to the public?
  • Does the company have any plan to show, or did it show, promotional documents to investors?
  • Does the company hold regular investor calls?

6. Questions Regarding Due Diligence

Due diligence is often a key topic of discussion. SEC investigators are well aware that many company executives, brokers, and others are not sufficiently familiar with their companies’ and firms’ due diligence obligations, and charges arising out of due diligence violations are common. With this in mind, you should be prepared to carefully navigate inquiries such as:

  • Does the company have any identity verification procedures in place?
  • What kinds of identity verification procedures does the company use for its investors?
  • Can you describe the company´s know-your-customer (“KYC”) policies?
  • Do you assist with verifying investors or capital contributions?
  • Does the company maintain a compliance program?

7. Questions to Clarify and Close the Record

Finally, at the end of the session, the SEC’s investigators will ask if you want to clarify or supplement any of the answers you have provided. It is important not to let your guard down at this stage. While your testimony is nearly over, you need to remain cognizant of the risk of providing unnecessary information (or omitting information) and exposing yourself to further scrutiny or prosecution. With this in mind, it is best to consult with your counsel before answering questions such as:

  • Is there anything you wish to clarify from today´s testimony?
  • Is there anything you wish to add to your testimony before we close and go off the record?

Practicing your answers to these questions (among others) in a mock interview with your legal counsel or SEC defense attorney will help ensure that you are prepared for the SEC as possible.

Article By Dr. Nick Oberheiden of Oberheiden P.C.

For more SEC and securities legal news, click here to visit the National Law Review.

Oberheiden P.C. © 2022

May 2022 Legal Industry News: Law Firm Additions, Industry Awards and Recognition, and Pro Bono Efforts

Happy May! As the weather gets warmer, we hope you are remaining safe, relaxed, and healthy. Please read on to find the latest news in law firm hiring and expansion, legal industry recognition, and pro bono and legal aid efforts.

Law Firm Hiring and Expansion

Sidley Austin LLP has expanded its Emerging Companies practice with the addition of Cynthia Bai and Nicholas Frey, both of whom are located in the firm’s Palo Alto office. Ms. Bai, who also joins Sidley’s Global Finance group, focuses her practice on debt financing transactions across a variety of sectors, including healthcare, life science, and technology. Mr. Frey, who also joins the firm’s Employee Benefits and Executive Compensation group, focuses his practice on capital markets transaction support, equity plan and award design, mergers and acquisitions, and more.

Martin Wellington, leader of Sidley’s Emerging Companies and Venture Capital practice and a member of the firm’s Executive Committee, said:

“With over a dozen new partners nationally in the emerging growth practice over the past several years, our strategic investment in this sector is only gaining momentum. Cynthia and Nic bring the Silicon Valley-native expertise that entrepreneurial technology and life sciences companies expect in credit and executive compensation matters, as they are intimately familiar with the bespoke practices and market norms that have grown up in this sector.”

Kennedys Law LLP has promoted 22 new attorneys to partner, a record-high number for the firm. With these additions, the firm’s total worldwide partner count stands at 293. The following attorneys have been selected for promotion:

“I am delighted to recognise and reward a record number of new partners this year and to see that success shared so widely across our global offices,” said senior partner Nick Thomas. “We are incredibly fortunate to have such a dedicated and diverse workforce, which not only enables us to be where our clients need us most but has allowed us to continue growing even during a challenging couple of years.”

Akin Gump Strauss Hauer & Feld LLP has added Uri Itkin as a partner in the Investment Funds Litigation practice group. Mr. Itkin, a nationally recognized litigator and trial attorney, represents investment funds in all types of securities and commercial matters, such as real estate transactions, distressed corporate debt, and structured finance.

“Uri’s arrival is another outstanding addition to our litigation practice,” said Akin Gump chairperson Kim Koopersmith. “Uri is at the intersection of funds, litigation and regulatory, all market leading practices at our firm. He is perfectly situated to add tremendous value to our clients.”

“I am looking forward to continuing to grow my practice and building relationships with Akin Gump’s investment fund clients and my new colleagues at the firm,” said Mr. Itkin. “I am particularly excited about the firm’s wide range of knowledge and experience and its collaborative approach. They give clients valuable access to Akin Gump’s established team of knowledgeable attorneys who are experienced in a wide cross-section of investment fund practices.”

Industry Awards and Recognition

Sordum Ndam and Richard W.F. Swor, attorneys at Bradley Arant Boult Cummings LLP, have been recognized as Top 30 Under 30 professionals by the Cystic Fibrosis Foundation’s Tennessee Chapter. The honor is awarded to individuals who have shown dedication to their local communities and reached noteworthy achievements in their careers.

Ms. Ndam, an associate in the firm’s Economic Development and Environmental Law practice groups, is a member of the 2022 spring cohort of the Arts Board Matching for nonprofit board service experience in Nashville. Mr. Swor, an associate in the firm’s Litigation and Intellectual Property practice groups, serves on the board of the Belmont Wesley Fellowship and on the LGBT Law Executive Council of the Tennessee Bar Association.

“We are proud of Sordum and Richard for their professional and philanthropic efforts and for their recognition by such an important organization,” said Bradley Nashville Office Managing Partner Lauren B. Jacques.

Keith Hebeisen, a partner at Clifford Law Offices PC, is set to receive the Illinois Trial Lawyers Association (ITLA) Leonard M. Ring Lifetime Achievement Award. Each year, an ITLA committee selects one lawyer who has dedicated “a substantial part” of their work to the organization; Hebeisen has been an ITLA member since his induction as a lawyer in 1983. He also served as ITLA President in 2005-06, and has been a member of the ITLA Executive Committee for decades.

Mr. Hebeisen, a longtime medical malpractice attorney in Chicago, has represented clients in a wide array of industries, including but not limited to transportation, product liability and toxic torts. He is a Fellow in the International Academy of Trial Lawyers, and he additionally serves on the Board of Governors of the American Association of Justice.

Wilson Elser Moskowitz Edelman & Dicker LLP has been nominated for the Cyber Law Firm of the Year 2022 award by Advisen, a leading provider of data, media and technology solutions for the commercial property.

Every year, the award is presented to law firms and legal professionals who are deemed most influential in the cyber risk and cybersecurity industry. The winner will be announced on June 16th, 2022 at Gotham Hall in New York City.

Pro Bono and Legal Aid Efforts

Gilbert LLP, a complex dispute resolution-focused law firm in Washington D.C., has announced a new pro bono project, focused on assisting victims of this winter’s deadly tornadoes in Kentucky. The firm has partnered with Disaster Relief at Work and the town of Mayfield, Kentucky to rebuild the local park, which was heavily damaged by the weather. Gilbert will also make a significant financial contribution to ensure that the park is restored to its former condition.

“Mayfield Mayor Kathy Stewart O’Nan realized that rebuilding the park would help revitalize their town and give residents a spirit of hope going forward,” said Craig Litherland, Gilbert’s Managing Partner and Chief Operating Officer.  “Our attorneys decided that we wanted to be a part of Mayfield’s rebuilding efforts, and we are pleased to have been able to help in multiple ways.”

Partnering with Lawyers for Good Government (L4GG), law firm Katten Muchin Rosenman LLP is providing pro bono legal aid for Ukrainian citizens seeking Temporary Protected Status in the United States. Participating through L4GG’s TPS Pro Bono Project for Ukraine, the firm will offer free legal assistance from volunteer attorneys, who will assist in applying for TPS and answer any legal questions necessary.

Presently, Katten is also working with ongoing pro bono partner Airlink, providing monetary assistance through donation-matching efforts. Airlink developed a response plan to assist refugees of Ukraine through the delivery of aid and the transportation of emergency response teams into neighboring countries.

The Legal Aid Service of Broward County and the Coast to Coast Legal Aid of South Florida recently honored several legal professionals for their commitment to seeking justice for the most vulnerable members in their communities. The Annual Recognition Awards, held May 2-6, 2022, aim to promote a better understanding of the law and its role in society.

2022 Award Recipients are as follows:

Article By Chandler Ford of The National Law Review / The National Law Forum LLC

For more business of law legal news, click here to visit the National Law Review.

Copyright ©2022 National Law Forum, LLC

Top Legal Industry News for Spring 2022: Law Firm Hiring, Industry Recognition, Women in Law

We’re back with another edition of our legal industry news roundup. Read more below for the latest updates in law firm hiring and expansion, legal industry awards, and recognition of leading women in the field today.

Law Firm Hiring and Expansion

Keller and Heckman added Counsel Daniel P. McGee to the firm’s Tobacco and E-Vapor practice. Mr. McGee’s experience includes counseling companies on a broad range of complex tobacco industry and U.S. Food and Drug Administration (FDA) regulatory matters and developing strategies to help companies bring new products to market.

“Daniel’s expertise and industry perspective will be invaluable to Keller and Heckman clients who are carefully navigating the challenges and pitfalls of a highly regulated and rapidly evolving legal landscape,” said Azim Chowdhury, a Partner in the firm’s Tobacco and E-Vapor and Food and Drug practices. “In addition to expanding our tobacco and e-vapor capabilities, we are especially looking forward to utilizing Daniel’s expertise in state law compliance, particularly for clients expanding into the hemp and CBD categories.”

Richard Mann, Chair of Keller and Heckman’s Management Committee, expressed excitement over Mr. McGee’s joining the firm, saying. “The addition of Daniel to our practice demonstrates Keller and Heckman’s commitment to helping our clients understand and comply with continuously evolving regulations in this growing field.”

Mr. McGee said he’s looking forward to collaborating with the Tobacco and E-Vapor team at Keller and Heckman.

“After spending the bulk of my legal career as in-house counsel to the tobacco industry, I made a strategic decision to focus on the industry as a whole and join a law firm that is a leader in tobacco regulatory compliance and public policy initiatives.”

Norris McLaughlin, P.A. welcomed Michael J. Willner as a Member in the firm’s New York office. Mr. Willner joined the firm’s Real Estate, Finance, and Land Use Practice Group.

Mr. Willner works with individuals and entities involved with managing real estate assets, as well as condominiums and co-ops. He specializes in condominium and cooperative law, commercial and residential real estate transactions and related litigation.

Holtzman Vogel Baran Torchinksy & Josefiak PLLC opened a new office in Phoenix, Arizona. The firm held its ribbon cutting ceremony on April 26 for the office at the Esplenade with the Arizona Chamber of Commerce.

The office is led by resident Partner Christine Fort and Dallin M. Holt, Of Counsel.

“After over 20 years representing high-profile clients in all aspects of political and regulatory law, we are grateful to now open our fourth office to help support our growing roster of clients in the West,” said Managing Partner Jill Holtzman Vogel, former Chief Counsel for the RNC and a sitting member of the Virginia General Assembly. “We could have chosen anywhere to expand our reach, but Arizona and the Phoenix metro area is dynamic and fast-growing – just like our team. This is absolutely the right place for Holtzman Vogel to put down roots, and we are thrilled to open the doors and get started.”

Goldberg Segalla added Ian G. Zolty to the firm’s Workers’ Compensation group in Princeton, N.J.

Mr. Zolty has experience counseling and defending employers, insurance carriers, and third-party administrators in workers’ compensation matters throughout New Jersey, including hospitals, insurance companies and school boards, among others.

Legal Industry Recognition

City & State New York named three shareholders at Greenberg Traurig, LLP to its 2022 Energy & Environment Power 100 list: Steven C. Russo, Doreen U. Saia, and Zackary D. Knaub. The recognition spotlights significant legal professionals in the New York area that are “reshaping the energy industry – and rescuing our environment.”

Mr. Russo is the co-chair of the firm’s Environmental Practice, focusing his practice on environmental law, the National Environmental Policy Act, the State Environmental Quality Review Act, and more. Ms. Saia is the chair of the Albany Office’s Energy & Natural Resources Practice, where she focuses her efforts on supporting national and international electricity corporations and aiding in related financial transactions. Mr. Knaub is a shareholder in both the Environmental and the Government Law & Policy groups, practicing specifically in energy and environmental legal and government affairs matters, including litigation, dispute resolution, government procurement, and regulatory matters.

Tammie Alexander, chair of the Business Department at Steptoe & Johnson PLLC, is a 2022 Bar Foundation Fellow, appointed by the West Virginia Bar Foundation Board of Directors.  Recognizing lawyers and judges in West Virginia with noteworthy dedication to the practice of law, the Bar Foundation has nominated only 450 out of 6,000 eligible individuals since 1999. Since the program’s inception, 22 Steptoe & Johnson attorneys have been selected as fellows.

Ms. Alexander, located in the firm’s Morgantown office, focuses her practice on an array of topics, including banking, real estate, commercial transactions, title insurance, and construction matters. She primarily assists with large scale projects that involve multiple property owners, governmental agencies, and financial investors.

The South Carolina School of Law provided the Platinum Compleat Lawyer Award, the school’s highest alumni honor, to Erna Womble, retired litigation partner at Womble Bond Dickinson (US) LLP. Established in 1992, the Compleat Lawyer Awards are meant to recognize alumni for notable professional, civil, and legal accomplishments. Recipients are members of the field who exemplify professional competence, ethics, and integrity.

Erna Womble, who graduated from the University of South Carolina School of Law in 1986, joined Womble Bond Dickinson in 1987. Today, she serves as the Co-President of Clearly Bespoke Strategies, Inc., a strategic advising company. Ms. Womble said of the award: “I am profoundly honored by the award from the law school which began my career as a lawyer-in-training. One of my excellent professors often admonished that when lawyers cease to learn, they cease to be good lawyers. More than three decades later, I’m still a lawyer-in-training. I am forever grateful to my beloved firm which afforded me the singular privilege of raising children whilst working with scions of industry and holders of the public trust in serving some of the firm’s best clients.”

Women in the Legal Industry

The Los Angeles Business Journal announced their “Women of Influence: Attorneys,” list which included Stubbs, Alderton & Markiles’ Heather Antoine. The list highlighted lawyers working for large businesses in legal areas such as data protection and intellectual property law.

Heather Antoine focuses her law firm practice on corporate property and data protection as Chair of the firm’s Trademark & Brand Protection practice, and Co-Chair of the Privacy & Data Security practice group. Some of her credits include features in the Los Angeles Times and CNBC.

Robinson & Cole LLP voted partner Britt-Marie K. Cole-Johnson to join the firm’s Managing Committee, allowing her to participate in the firm’s policy and practice strategic development. This comes after a series of noteworthy recognitions in the legal field: Cole-Johnson was recently presented with the Distinguished Leader Award by the Connecticut Law Tribune’s Connecticut Legal Awards, and she was additionally selected as an honoree for The 100 Women of Color Gala & Awards.

“[Ms. Cole-Johnson] is well-known for her talents as a legal advisor but also for her deep commitment to community organizations. She joined the firm thirteen years ago after law school and has been a true and constant champion for equitable and inclusive business practices within the firm, with her clients, and within the community. I look forward to her bringing that leadership and perspective to our Managing Committee,” said Robinson & Cole colleague Rhonda J. Tobin.

The accolades followed a recent appointment by Connecticut Governor Ned Lamont for the Connecticut Paid Leave Authority board.

Romer Debbas, LLP formed an all-female, diverse Agency Lending & Affordable Housing Department, focusing on representation in the property market. Partner Carmen I. Pagan, and Associates Catherine M. Azevedo and Pamela U. Norbert lead the new team with years of legal knowledge in real estate financing, commercial property law and lending service providers.

The new department expanded the firm’s practice areas in bankruptcy, corporate and business law, immigration, litigation, taxation and trusts and estate law.

For more business of law legal news, click here to visit the National Law Review.

Article By Rachel Popa, Chandler Ford, and Jessica Scheck of The National Law Review / The National Law Forum LLC

Copyright ©2022 National Law Forum, LLC

Return to Work Considerations – COVID and the ADA

Employers are contending with difficult challenges unlike any time in modern history. Even though many employees, especially in the manufacturing industry, returned to work after working from home during the COVID pandemic, the effects of the increased flexibility seen during the COVID era linger. Many employees enjoyed the benefits of working from home during the last two years, even if only part-time, and do not want to give up the benefit. By contrast, and especially as COVID restrictions ease, employers often desire their workforce return to work in a more consistent and routine capacity. These tensions are further complicated by an extremely competitive labor market. Recruiting and retaining employees is a challenge in the current environment. Against this backdrop, prudent employers will keep in mind employment law considerations when developing return-to-work and work-from-home policies.

Where should an employer look to determine what accommodations it should make for an employee who wishes to work from home, either due to a COVID diagnosis and/or a condition that places the employee at a heightened risk for severe COVID? Early in the pandemic, local or state health orders answered such questions regarding COVID-related leave. As the pandemic continued, many of those local health orders were rescinded or expired. As a result, employers are left without clear local guidance. When local requirements are of no assistance, employers should look to CDC guidance for quarantining and isolating guidelines.

In addition, employers should keep in mind that COVID may qualify as a “disability” depending on the symptoms and their severity. If an employee tests positive for COVID and is experiencing symptoms that require an absence from work that is longer than the CDC recommended quarantine period, employers should involve legal counsel to analyze whether the employee’s COVID diagnosis constitutes a disability under the ADA. If it does constitute a disability, the employer is then required to engage in the interactive process under the ADA with the employee to determine whether a reasonable accommodation for the disability can be made. Leave can be an accommodation under the ADA, as can working from home, in certain circumstance and for certain roles.

Likewise, some disabilities may heighten the risk of severe COVID symptoms. In the event that such a disabled employee requests an accommodation related to this heightened risk of COVID, the employer should treat the request as it would any request for accommodation under the ADA. As always, employers should seek legal counsel and check local requirements regarding COVID leave when considering accommodations for employees in these circumstances.

Employers have many competing and challenging considerations when determining a company’s return-to-work policy. While the labor shortage, industry, and specific role considerations certainly play a part in those decisions, employers should not lose sight of the ADA’s additional requirements. The ADA may play a role on an individual level and affect whether an employee may seek leave, work from home, or is entitled to other accommodations related to a COVID diagnosis or high-risk factors.

Article By Felicia S. O’Connor of Foley & Lardner LLP

For more labor and employment legal news, click here to visit the National Law Review.

© 2022 Foley & Lardner LLP

A Lawyer’s Guide to Integrated Marketing

Like many lawyers, I did not learn about marketing in law school. I knew nothing about communications or media relations before law school, either. When I graduated and began practicing at a boutique matrimonial law firm, there was no internal or external marketing resource, and no direct conversations or plans about public relations or branding. One founding partner talked about the importance of reputation for connecting with potential clients and how his connections in the legal community resulted in many referrals, but he never mentioned marketing.

Yet, as I tagged along to bar association meetings, drafted articles that the partner published in a legal journal, and received encouragement to network at Inns of Court sessions, I saw this side of legal practice come to light. We didn’t call it marketing, or PR, and it was well before social media, but I understood that the partner was intentionally marketing the practice and generating awareness of the firm’s experience — an effort that resulted in new client engagements.

When I decided to leave law after a few years, I enrolled in a New York University course about marketing for professional services. As luck would have it, the instructor was Deborah Brightman Farone, an extraordinary legal marketer then and now — she was inducted into the Legal Marketing Association’s Hall of Fame at the organization’s 2022 annual conference. Deborah introduced me to the field of law firm marketing, and since then, I have worked with hundreds of lawyers and professional marketers on business development and integrated marketing plans, and have helped them make marketing part of their daily practice.

Most lawyers need to understand what this marketing thing is all about. I see firsthand their appreciation for the importance of building client relationships, cross-selling expertise within the firm, and networking. However, I don’t see an understanding of the terms and tactics of legal marketing as often. I think that with so much to learn in law school, there just isn’t time to learn the business side of law. Once a lawyer is practicing law, there may be little direction about how to reach prospects and referral sources, stand apart from other lawyers doing similar work, and find time to “market oneself.”

I frequently read articles where lawyers describe their routes to becoming partner or managing a practice or office. The words “PR” or “marketing” may not appear in their answers, but as someone who has advised lawyers about practice growth for more than 20 years, I know that positioning themselves as knowledge leaders played a role in the success of their relationship-building and practice development. And that, of course, is marketing.

This article will take you through five steps I always examine with lawyers who are just getting started with marketing, or participating in a firmwide marketing program.

  1. Acknowledge the Need for Education

Earning a JD and passing the bar exam prepare a lawyer for the practice of law, but not the business of law. My colleague Vivian Hood recently wrote, “Law schools focus on teaching the art of law, and not so much on the art of connections.” Courses about marketing, public relations, or social media are not part of the law school curriculum. Rather, law school teaches students to read cases and apply precedent, analyze facts and frame arguments, and spot the real issues and see the red herrings. Likewise, legal writing courses, moot court competitions, internships, and other hands-on work prepare them for practicing law. Their understanding of marketing may extend to billboards they see on their way to work, law firm ads in legal journals, or networking events with bar associations.

Lawyers know how to practice law, but do not know what marketing is or how it supports business development and revenue. Education is the first step to heightening awareness. On many occasions, I have explained how PR works so lawyers understand the events that result in being quoted in a trade publication, or the behind-the-scenes steps that go into earning a speaking engagement at an industry event.

  1. Discuss Perceptions of Marketing

The only way to know how an attorney perceives marketing is to ask, and then provide guidance about worthwhile and suitable marketing efforts.

Lawyers often shy away from marketing because they associate it with sales. My colleague Glennie Green explains, “Most attorneys envision some sort of sales when the idea of marketing and business development comes up. They see car salespeople, or aggressive pitches for timeshares. But that is the wrong mindset. Business development is not sales. Business development is cultivating and nurturing relationships.”

Relationships can be built in many ways. A common misconception is that marketing success is based on the ability to be a natural rainmaker who can walk into any room and instantly make connections for the firm. That belief can create unrealistic expectations and undue stress, because rainmakers are few and far between. Relationships can be built and nurtured without that unique rainmaker quality. Everyone adapts to situations differently ­— some of us are introverts, others extroverts, or a combination of traits.

  1. Assess the Impact of Previous Experiences

Lawyers may base their perceptions of marketing on prior experiences. Lawyers have told me, “I wrote many articles in the past, and they never amounted to any new business.”

“I traveled to speak at a conference, and not a single attendee turned out to be a new client.”

“I did an interview with a reporter who misquoted me.”

“I have a LinkedIn profile, but I’m not interested in doing anything with it; it’s just like Facebook.”

Many people fear failure, and many transactional lawyers and litigators are driven by winning. It is no surprise, then, that lawyers question the value of something that has not been a winner in the past. Understanding and acknowledging these hesitations can lead to productive discussions about marketing and, more specifically, about techniques that may be better suited for the lawyer.

  1. Discuss the Time Commitment

The billable-hour model of legal practice can affect a lawyer’s availability to market their practice. Too many business-driving commitments will inevitably frustrate a lawyer and diminish the success of marketing. It’s better to work with a distinct set of action items that can take only a few minutes a day rather than many hours each week.

Glennie Green has helped lawyers identify their advocates — assistants, paralegals, the firm’s librarians; people they can partner with to achieve their action items. One managing partner with a busy practice serves as an example of this effort. “He has made a commitment to conduct a certain number of meetings a month with current and potential referral sources,” she says. “He enlists a paralegal in the office to help schedule those meetings, as well as maintain his ‘marketing’ calendar. This allows him to keep his focus on his practice and manage the firm. He regularly checks his calendar for new appointments, and he says he looks forward to seeing whom he will meet with next. Once he realized that he didn’t have to do it all and enlisted some help, his plan and marketing goals became not only manageable but systematic.”

  1. Find the Comfort Zone

Marketing efforts must be tailored to a lawyer’s personality and interests. Everyone has a different comfort level. Some lawyers love to speak at conferences, and others would rather research a case and write an analysis for a journal. One lawyer may already enjoy engaging on social media, and another may feel crushed for time but would be amenable to doing a 30-minute interview with a reporter. Perhaps a lawyer may enjoy participating in an association’s events or committees. Green explains, “Knowing a lawyer’s areas of confidence, and recognizing what causes any discomfort, is crucial to establish the right marketing plan with the flexibility to change direction as needed.”

The avenues for marketing include website content and branding, social media posts and engagement, media relations, published quotes and articles, rankings submissions and awards, conferences and speaking opportunities, networking, events, and more. The questions and conversations I’ve provided lead to more precise choices of marketing tactics, as well as more informed expectations of results. An integrated marketing and business development program offers lawyers a selection of tactics, with deliberate matching to their preferences and the flexibility to change as needed.

Article By Liz Bard Lindley of Jaffe

For more business of law legal news, click here to visit the National Law Review.

© Copyright 2008-2022, Jaffe Associates

Law Firms Respond to Russia’s Invasion of Ukraine: How the Legal Industry & the Public Can Help

On February 21, 2022, Russian President Vladimir Putin ordered ground troops into the eastern Ukrainian provinces of Donetsk and Luhansk. Invading under the guise of establishing independence for the region on February 24, Russia started bombing key points of interest around the country, including the capital city of Kyiv. At the time of writing, the skirmishes remain ongoing, with Russia expanding its invasion force as the days go on.

The ramifications of Russia’s war are widespread. In Ukraine, infrastructural damage is considerable, an estimated 2 million civilians are evacuating or have been driven from their homes. The death toll remains uncertain at this time, but the Ukrainian health ministry estimates that hundreds of citizens have been killed as a result of the violence. Globally, financial markets are in a state of rapid flux, seeing huge rises in inflation, a strained supply chain and plummeting stock prices.

Law firms in the United States and abroad have responded to the conflict by offering pro bono services in anticipation of resultant legal complications and organized means by which money can be donated to Ukrainian humanitarian efforts.

How Have Law Firms Responded to Russia’s Invasion of Ukraine?

In some instances, firms have also closed offices in Ukraine to protect workers, and severed ties with Russian businesses. Law firms that have closed offices in Ukraine include Dentons, CMS and Baker McKenzie, which have closed offices in Kyiv.

“Dentons has established a taskforce to monitor and manage the crisis situation, with a primary focus on protecting our people,”  Tomasz Dąbrowski, CEO of Dentons Europe, told the National Law Review. “We are in regular contact with our team in Kyiv and are providing our colleagues and their families with any possible assistance, including transport, relocation and accommodation assistance in the neighboring countries. Furthermore, we have seen a wave of kindness and generosity from our people across Europe, who have volunteered to provide accommodation in their homes for Ukrainian colleagues.  Furthermore, in addition to the financial support our Firm is providing to our Ukrainian colleagues, we have also received financial donations from around the world to help them resettle.”

Many law firms have announced they are closing offices in Russia, including Squire Patton Boggs, Latham & Watkins Freshfields Bruckhaus Deringer, Akin Gump Strauss Hauer & Feld and Morgan Lewis & Bockius, among others. Norton Rose Fulbright announced March 7 that they are winding down their operations in Russia and will be closing their Moscow office as soon as they can, calling Russia’s invasion of Ukraine “increasingly brutal.”

“The wellbeing of our staff in the region is a priority. We thank our 50 colleagues in Moscow for their loyal service and will support them through this transition.”

Norton Rose Fulbright said they “stand unequivocally with the people of Ukraine,” and are taking steps to respond to the invasion.

“Some immediate actions are possible and we are taking them. We are not accepting any further instructions from businesses, entities or individuals connected with the current Russian regime, irrespective of whether they are sanctioned or not. In addition, we continue to review exiting from existing work for them where our professional obligations as lawyers allow. Where we cannot exit from current matters, we will donate the profits from that work to appropriate humanitarian and charitable causes,” the statement read. “We are working with our charitable partners in every region to raise funds to help the people of Ukraine, as well as providing pro bono support to those Ukrainians and others who are being forced to relocate.”

Law firms have also stepped forward to offer pro bono assistance to those affected by the Russian invasion of Ukraine.

Law Firms Offering Pro Bono Assistance to Ukraine

Akin Gump Partner and Pro Bono Practice leader Steven Schulman explained how the legal industry is collaborating and working to provide assistance:

“So what we often do in these crises, we will self organize, [and] say who’s a point person who knows what’s going on, and then we will share information so that again, we’re lightening the load on the legal aid organizations.”

Another law firm offering assistance to Ukraine is  Covington & Burling, which the country hired to help pursue its claim against  Russia at the International Court of Justice (ICJ). Specifically, Ukraine asked the court to order Russia to halt its invasion. Covington filed a claim on behalf of Ukraine to the ICJ.

Nongovernmental organizations (NGOs) are providing emergency aid in Ukraine, as well as in neighboring countries, such as Poland, Hungary, Slovakia and Romania to help people displaced by the war as they come across the border, Mr.Dąbrowski said. These organizations are providing food, water, hygiene supplies and other necessities, and urgent psychological counseling. Specific NGOs on the ground in Ukraine include Mercy Corps, Fight for Right, Project HOPE, Hungarian Helsinki Committee, and  Fundacja Ocalenie, among others.

However, NGOs need cash donations in order to keep providing aid. Mr.Dąbrowski detailed what pro bono work Dentons is doing, and how the firm is supporting NGOs:

“Our Positive Impact team is in touch with numerous NGOs and lawyers from our firm to identify opportunities for pro bono legal advice, mainly in the countries which share a border with Ukraine.  We are already working with NGOs in Poland and Hungary which are helping Ukrainian refugees displaced by the war. We are assisting with issues related to employment law, contracts, establishment of charitable foundations, etc… We are also in discussions with an international relief agency which is looking to set up operations within Ukraine.

While men between the ages of 18 and 60 are currently prohibited from leaving Ukraine, as of March 10, 2022, the conflict has created one of the largest refugee crises within the last few decades.

“We have activated our registered charitable foundation to collect donations from our people around the world to support Ukrainian families – and particularly children –  displaced by the war, including some of our own people from Kyiv.  So far, our colleagues from around the world have donated or pledged close to €300,000,” Mr.Dąbrowski said. “We have already distributed €60,000 of that to eight NGOs in Poland, Hungary and Romania, which are providing emergency aid, food and water, hygiene supplies, transportation, medical and psychological care, shelter and schooling to Ukrainian civilians fleeing from the war”

Concerns with immigration and refugee asylum is the next expected complication. In the short-term, the Department of Homeland Security is prioritizing Temporary Protected Status (TPS) designations for those already in the U.S.

For the public, there are a number of actions to take to support Ukrainians. However, those wishing to help should make sure to do their research before making any donations in order to ensure the funds end up in the right hands.

How Can Members of the Public Help Ukraine?

Possible scam organizations and outreach programs are common during international crises, so it’s important to know the signs of fraudulent charities. Some best practices for providing support include:

  • Giving directly to an organization rather than through shared donation links on social media

  • Being wary of crowdfunding efforts

  • Doing a background check on an organization and its donation claims using Charity Watch, Give.org, and Charity Navigator.

Some examples of charitable organizations focused on Ukraine relief include:

Informational resources for those affected are provided below:

Conclusion

Law firms and the public alike have stepped up to offer assistance and financial help to those most affected by the Russian invasion. Law firms cutting ties with Russian businesses and closing offices in Russia shows that the legal industry is standing behind Ukraine as the conflict continues to escalate.

In upcoming coverage, the National Law Review will be writing about how law firms are helping clients handle Russian sanctions, as well as the immigration implications of refugees displaced by the war in Ukraine.

*The quotes and input of interviewees reflect the latest information on the Russian invasion of Ukraine as of March 7, 2022. Readers can find the latest legal news from around the world on The National Law Review’s Global Law page.*

Article By Chandler Ford, Jessica Scheck, and Rachel Popa of the The National Law Review / The National Law Forum LLC

Copyright ©2022 National Law Forum, LLC

February 2022 Legal News Roundup: Women in Law, Promotions & More

Happy belated Valentine’s Day from the National Law Review team. Please read on for new legal industry hires, promotions and awards.

Firm Recognition & Awards

Much is included on the 2022 Top Workplaces USA list, which recognizes organizations with a people-centered culture.

“At Much, our culture centers on people: our employees, our clients, and our community partners,” said Managing Partner Mitchell Roth. “We work each day to support a collaborative, kind, and service-oriented environment, so to be recognized for our culture on a national level is a tremendous honor.”

The rankings are based on employee feedback from a survey administered by Energage, an employee engagement technology partner. The survey gauged various aspects of workplace culture, including  alignment, execution, connection, and more.

Womble Bond Dickinson is one of the Best Places to Work for lesbian, gay, bisexual, transgender and queer (LGBTQ+) workplace equality, earning a perfect score of 100 percent on the 2022 Corporate Equality Index (CEI).

The survey is administered by the Human Rights Campaign, and acts as a benchmarking tool to track how businesses are adopting equitable workplace policies, practices and benefits for LGBTQ+ employees. Womble Bond Dickinson earned perfect scores every year since 2015.

“We are honored to be named one of the HRC’s Best Places to Work for LGBTQ+ Employees once again,” said Betty Temple, Chair & CEO of Womble Bond Dickinson (US) LLP. “We at Womble Bond Dickinson have worked hard to promote diversity and inclusion. These efforts include earning Mansfield Rule 4.0 Certification. The goal of the Mansfield Rule is to boost the representation of historically underrepresented lawyers—including LGBTQ+ attorneys—in law firm leadership, partner promotions and lateral hires by broadening the pool of candidates considered for these opportunities. We have much more work to do, but we are proud to be recognized for the progress we have made.”

Lawdragon recognized Foley & Lardner partners Daniel Kaplan, John (Jack) Lord, Jr., and Rachel Powitzky Steely on its 2022 edition of 500 Leading U.S. Corporate Employment Lawyers, an annual recognition of the nation’s top advisors on workforce issues. Lawdragon selected the honorees based on submissions, editorial vetting and journalistic research.

Lawdragon said that this year’s honorees “specialize in defending corporations in everything from wage and overtime claims to trade secret disputes, while helping companies maintain global workforces throughout a pandemic.”

Law firm Hiring & Additions

Varnum LLP expanded its intellectual property practice with the addition of Timothy D. Kroninger. Joining the firm’s Detroit office as an associate, Mr. Kroninger focuses his practice on copyright law, trade secret law, patent and trademark prosecution and more. He also has experience in drafting design patent applications, as well as participating in United States Patent and Trademark Office (USPTO) trademark opposition proceedings.

Beyond his practice at Varnum, Mr. Kroninger works as a supervising attorney in the Trademark and Entrepreneur Clinic at University of Detroit Mercy College of Law. There, he instructs law students on copyright registration, drafting corporate documents, and protection of trademarks.

Beveridge & Diamond PC elected four new principals: Eric Christensen, located in Seattle; Allyn Stern, located in Seattle; Michael Vitris, located in Austin; and Gus Winkes, located in Seattle. Mr. Christensen practices in energy law, assisting companies and consumers in navigating the legal and regulatory landscape. Ms. Stern, former U.S. EPA regional counsel, helps clients develop environmental compliance strategies. Mr. Winkles practices in a variety of fields, providing solutions-oriented legal representation in the areas of enforcement defense, regulatory compliance, and contaminated site cleanup. Mr. Vitris, former litigation attorney with the Texas Commission on Environmental Quality, defends companies in class actions and environmental mass torts.

“Each of these Principals’ talents, skills, and expertise deepen and enhance B&D’s dynamic regulatory compliance and litigation practice as environmental and energy law continue to evolve,” said firmwide managing principal Kathy Szmuszkovicz. “They’ve proven their ability to deliver top-notch service to clients and to serve as thought-leaders at a particularly exciting time in our practice. We look forward to their continued success and contributions in their new roles.”

Barnes & Thornburg LLP added five new attorneys and legal professionals across various offices. Associate William Choi  joined the firm’s Los Angeles office, and associate Albert D. Farr joined the New York office. Mr. Choi focuses his practice on product liability and complex civil litigation, and he is well-versed in all aspects of pretrial case management. Likewise, Mr. Farr practices in transactional tax law, counseling multinational strategic and private equity clients on transaction tax structuring, tax diligence and more.

Furthermore, legal professionals Amit Datta, Al Maloof, and Soyoung Yang joined Barnes & Thornburg’s Chicago, Indianapolis, and Washington D.C. offices, respectively. Dr. Datta, a business transaction advisor, provides targeted legal advice and strategic insight for European clients conducting business in the U.S. Mr. Maloof, a client relationship specialist, provides strategic consultation among the firm’s government services, compliance and regulatory attorneys. Ms. Yang, a legal fellow, aids attorneys and clients on matters related to international trade, customs and the supply chain.

William L. Nimick  joined the Construction Litigation and Counsel practice group at Goldberg Segalla LLP. An experienced litigator, Mr. Nimick is located in the firm’s Raleigh office, where he counsels insurers, contractors, subcontractors and corporate entities in liability claims including but not limited to property damage, personal injury and construction defects.

Previously, Mr. Nimick worked as a civil litigator across North Carolina, representing clients in areas such as wrongful death, workers’ compensation, and subrogation. Specifically he  handled subrogation claims such as motor vehicle accidents, product liability lawsuits and large fire losses.

Women in the Legal Industry

Angela Bowlin of Frilot LLC law firm has accepted a position serving on the International Association of Defense Council (IADC), an organization for attorneys who represent corporate and insurance matters. Ms. Bowlin focuses her practice on mass torts and class actions, with experience in asbestos and other toxic tort cases.

“I am honored to have been selected as a member of IADC and look forward to working on the many important committees related to the law and its many facets,” said Ms. Bowlin.

Nicole Archibald joined Foley Hoag LLP as their Director of Legal Recruiting. Ms. Archibald will work alongside the Foley Hoag team to attract and promote a diverse group of attorneys to help the firm achieve its diversity and inclusion goals.

“We’re very pleased to welcome Nicole to Foley Hoag, and are confident that she will be a great asset to the firm and its culture. Her considerable prior experience as a director of recruiting, legal search consultant and practicing litigator will prove a valuable asset as we look to 2022 and beyond. Our executive committee, practice leaders, hiring committee and I are excited to begin working with Nicole to attract new talent and strengthen our market-leading practices,” said Foley Hoag Co-Managing Partner Kenneth Leonetti.

“I look forward to collaborating with Foley Hoag’s management, department chairs and practice leaders, and hiring committee to develop, implement and execute proactive recruiting initiatives to further the firm’s hiring goals and strategic growth plan,” said Ms. Archibald.

Norton Rose Fulbright appointed New York partner Robin Adelstein as the Co-Head of Commercial Litigation, joining Houston partner Andrew Price. Ms. Adelstein brings extensive experience in litigating complex commercial disputes and advises companies with respect to antitrust issues regarding mergers, joint ventures and more.

“Robin has long been respected as a leader within the firm as our Global and US Head of Antitrust and Competition, and she is a highly-recognized practitioner in her field. I look forward to seeing the great work that our commercial litigation group will do under Robin’s and Andrew’s leadership,” said Jeff Cody, Norton Rose Fulbright’s US Managing Partner.

“Our firm has a longstanding reputation for advising clients on their most complex and significant matters. It is an honor to head Norton Rose Fulbright’s commercial litigation group along with Andrew; I am proud to be leading such a talented group of lawyers,” said Ms. Adelstein.

Article By Rachel Popa, Hanna Taylor, and Chandler Ford of The National Law Review / The National Law Forum LLC

For more on the business of law and legal news, click here to visit the National Law Review.

Copyright ©2022 National Law Forum, LLC

Legal News: Law Firm Hires, Professional Recognition and Legal Innovation

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.

Patent attorney Pierre R. Yanney joined Bressler, Amery & Ross law firm as a principal in its Corporate and Commercial Transactions Practice Group. Previously, Yanney was a principal at Baker & Hostetler law firm.

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.

Hughes Hubbard & Reed law firm launched a coronavirus and CARES Act tracker that monitors enforcement actions across the country, targeting Paycheck Protection Program loan fraud, fraudulent COVID-19 cures, as well as violations of state and federal laws. Hughes Hubbard & Reed is monitoring coronavirus government agency filings, and will update the tracker frequently.

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).

Bender was presented the award by Amy Quick Glenos, an of counsel attorney at Ogletree, Deakins, Nash, Smoak & Stewart, P.C., and a reserve component soldier and captain in the U.S. Army JAG Corps, Alabama Army National Guard, for which she also serves as trial counsel.

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.”

Tycko & Zavareei law firm won a $11 million settlement representing a healthcare whistleblower in a False Claims Act lawsuit.  Jonathan Tycko of Tycko & Zavareei and Felix Gavi Luna of Peterson Wampold Rosato Feldman Luna law firm represented the whistleblower.

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.”

That’s it for now.  We’ll have more soon.

 

Copyright ©2020 National Law Forum, LLC