Tag: legal developments

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

Building a Successful Law Firm—Without an Office

Rent is one of the largest expenses for law firms, sometimes taking up as much as 10 percent of their gross revenue. Too, it’s not uncommon for workers in large cities to have hour-plus commutes to their offices. The majority of today’s clients are more interested in efficiency and reasonable prices than how glamorous their lawyer’s office is. As a result, firms are choosing another way to work: virtual offices.

Marcia Watson Wasserman, Founder and President of Comprehensive Management Solutions, Inc., serves as a consulting COO for boutique and mid-sized law firms, helping numerous lawyers develop and sustain virtual offices. She joined the Law Firm Marketing Catalyst podcast to share her expertise and advice for lawyers considering moving toward virtual work.

Know who you’re working with

With a virtual office, you can’t pop into a colleague’s office or bump into them in the hallway. You won’t see what they’re doing on a daily basis, so you need to trust that they share the same goals, work ethic and commitment to firm culture as you. Marcia finds that people who have worked together at a brick-and-mortar firm before going virtual tend to work best, because an in-person relationship and sense of trust is already established. If you’re going virtual, find colleagues you already know personally, or at the very least, spend plenty of in-person time with them before committing to anything.

Understand your tech tools

 It’s impossible to have a virtual firm without the help of cloud-based technology tools. To have a successful virtual firm, everyone must be an expert on those tools. Law firms are notorious for buying software, then failing to learn how to use it—that won’t fly with a virtual firm. You need remote systems and procedures that streamline your practice and benefit your clients, and everyone must be comfortable using them. At a minimum, you’ll have to invest both money and training time in document management software, video conferencing software, client portals for paying bills, collaboration tools and, of course, encryption and data security tools.

Cultivate communication

How to delegate work, how to offer feedback, how to manage work among teams, when and how to have meetings—these questions are equally important at virtual or brick-and-mortar firms. But at virtual firms, it becomes even more critical that you discuss them openly and have communications systems in place. When communication is only happening by email, it can easily break down. Video conferencing, phone calls and planned communication are the antidote to this problem. Virtual connection also needs to be backed up with in-person events like retreats and social gatherings, at least annually. Maintaining communication at a virtual firm isn’t just important for client work, it’s also crucial to maintain firm culture.

Working from home sounds great, but it’s not for everyone. Some people get lonely working remotely. Others get distracted or they lack the motivation to work if they’re not in an office. Just like lawyers, support staff must have the right personality and skillset to work virtually. Another element to consider with support staff is wage and hour law in your location. Most support staff are non-exempt, and you have to consider supervision, insurance and the myriad of issues that arise when you have staff working remotely. Management issues don’t go away when support staff is out of sight.

Take advantage of time to network

Virtual work doesn’t mean staying home staring at your computer all day. The majority of work might be done from your home office, but networking can still happen in person. Join organizations, go to meetings and attend events to stay connected to your profession and your colleagues. Virtual work also offers more flexibility to meet with clients and attend events important to their industry. You’ll get to know your clients at a deeper level, which they’ll appreciate, and it will get you out of your work-from-home routine—a win for everyone.

If you can’t go fully virtual, start small

Not every firm is suited to virtual work, but many firms can use some of its elements to their advantage. Especially in large cities, more firms are using co-working spaces or opening small satellite offices that are more convenient for lawyers to get to. With more attorneys working outside of the main office a few days a week, the next logical step for some firms is to encourage office sharing. It’s a huge cultural shift for partners to share an office, but it can offer tremendous space and cost savings, and this concept typically doesn’t faze young associates.

© 2020 Berbay Marketing & Public Relations

For more on running a law firm, see the National Law Review Law Office Management section.

IMS Insights Episode 11: COVID-19 Analysts Briefing on Litigation Impacts

To better understand how the COVID-19 pandemic is impacting the commercial litigation community, IMS ExpertServices conducted analysis and gathered input during the first half of April from more than 400 attorneys, in-house counsel, experts, and stakeholders throughout the commercial litigation community.

In this special podcast feature, you’ll hear commentary from the April 30 Analysts Briefing hosted by IMS on the study’s top findings and other key trends for commercial litigators, with discussion from a panel of thought leaders including:·

·         James Crane, Chief Revenue Officer at IMS ExpertServices

·         Rudhir Krishtel, Certified Co-Active Coach and Facilitator with Krishtel Coaching, Former Senior Patent Counsel at Apple, Former Partner at Fish & Richardson, and IMS Thought Leader and Contributor

·         Nate Robson, Litigation Editor at The American Lawyer

·         Eilene Spear, Operations and Project Manager at The National Law Review

·         Ty Sagalow, Commercial insurance expert and IMS thought leader and contributor

© Copyright 2002-2020 IMS ExpertServices, All Rights Reserved.

For more on COVID-19 litigation, see the National Law Review Coronavirus News section.

 

What’s Ahead: An Amendment to Rule 30(b)(6) That Requires Parties to Confer

It’s getting more complicated to take and defend depositions because of the COVID-19 pandemic. And now there is a proposed new change to the Federal Rules of Civil Procedure that would require parties to confer before a plaintiff takes the deposition of a corporate representative. Specifically, the Judicial Conference Advisory Committee on Civil Rules has proposed an amendment to Federal Rule of Civil Procedure 30(b)(6) that requires parties to confer in good faith before the deposition takes place about both the topics and the identity of the witness or witnesses.

In some ways, this change isn’t new. Because many attorneys already have this type of discussion with opposing counsel before a corporate representative deposition, and the Advisory Committee notes make it clear that the parties aren’t required to reach an agreement, many think the amendment won’t change much. And its intentions are good. The Advisory Committee developed the amendment to try to avoid disputes about “overlong or ambiguously worded lists of matters for examination and inadequately prepared witnesses.”

But, as with most things, the devil is in the details. Some fear that the requirement will create more disputes about these depositions than it will prevent.

First, if the parties must confer about the identity of the witness, that could undermine a corporation’s right to choose its witness. The Advisory Committee notes state that the corporation still has the right to choose its deponent, but the rule change could encourage motion practice geared toward preventing a corporation from designating a specific person or trying to force a corporation to designate C-suite executives, rather than the person who the company believes is the right person to testify.

Second, the amendment could incentivize a party to request multiple witnesses so that they can take multiple, seven-hour depositions. These incentives already exist to some extent under the current rules, but the new rules may increase them.

Third, absent from the proposed amendment is any deadline by which the parties must confer or when the discussions should end. The Advisory Committee notes state that “the conference process must be completed a reasonable time before the deposition is scheduled to occur.” Without a set deadline, repeated or eleventh hour requests for a conference could lead to harassment and make it difficult for defense counsel to prepare a witness to testify about ever-changing topics. While this risk can be minimized by communication, it likely can’t be avoided entirely. Finally, the new rule also does not address what happens if the conference does not happen, or if one party refuses to participate.

The proposed amendment to Rule 30(b)(6) is not yet finalized. It must still be approved by the U.S. Supreme Court. If the Court approves, the new rule could take effect as early as December 1, 2020, unless Congress prevents it. If it takes effect, attorneys can expect to spend more time conferring with opposing counsel before a corporate representative witness deposition. Inside and outside counsel for corporations should begin to prepare for this new rule, even while they are facing the additional challenges of today.

© 2020 Schiff Hardin LLP

For more on changes to legal procedures, see the National Law Review Civil Procedure section.

KnowIt 2020: Intellectual Property in a Digital World

KnowIt is a groundbreaking new annual event that brings together the community of creators and protectors of intellectual property and other innovative outputs for an unprecedented discourse and collaboration. With dramatic shifts in both consumer and business technologies, as well as social trends and business models, now is the time for KnowIt.

THE DIALOGUE AT KNOWIT:

  • Includes intellectual property, but goes beyond IP to include all human (and artificial) intellectual output;
  • Includes lawyers and matters of law, but goes beyond law to include the business and science of creating and protecting innovations;
  • Includes panels and speakers, but goes beyond the passive listening experiences of the past to facilitate actionable exchange and collaboration.

Attendees at KnowIt will include lawyers (in-house and outside counsel), academics, inventors, authors, brand creators, cybersecurity and privacy professionals, leaders in government, regulators, startups, tech companies, investors, non-profits, media, Wall Street analysts and more.

As an attendee, you will be immersed in unique and engaging sessions about the future of intellectual enterprises, and will connect with peers beyond those that hold the same job title as you. The agenda features unique general sessions as well as more intimate conversations. KnowIt also provides a multitude of ways to meet and interact with your peers, clients, lawyers, creators, partners, vendors and friends.

KnowIt doesn’t focus on the nuts and bolts. Instead, it examines critical issues that are fundamental to understanding the changes happening today, and the changes that will define the innovation of the future.

Join us on May 11-14, 2020 at the Aria Hotel in Las Vegas, as we define intellectual output in a digital world and usher in the Fourth Industrial Revolution!

 

QUALIFIED IN-HOUSE AND OUTSIDE COUNSEL PARTICIPANTS GET 50% OFF TICKET PRICE!

E-Filing is Coming, E-Filing is Coming!

Spreading the news that e-filing is coming might not have quite the same importance as the message delivered by Paul Revere and his fellow riders in 1775 – but e-filing is still worth noting. I attended the Maine State Bar Association winter meeting in January, which gave Maine practitioners a sneak preview of the state courts’ new e-filing system, File & Serve. It was an interesting and informative session.

The tentative plan, as attendees were informed, is to begin the process of rolling out e-filing at the end of this year. As many already know, e-filing is likely to be introduced first for Penobscot and Piscataquis Counties. But, of importance for appellate practitioners, it sounds like the court is also considering including not only the Business Court but also the Law Court in the initial implementation.

We are still waiting to see all of the rules surrounding e-filing, but the system that was previewed at the winter meeting appears to be user-friendly and promises to significantly streamline the process for filing with the Law Court. And, happily, filings will be easily available online (without cost). Also of note, the e-filing system includes a search tool, re:Search, that will make it easy to find previous filings – including Law Court briefs.

These tools will be very helpful for the appellate practitioner. But, it also means that appellate practitioners (as well as any other lawyer), will need to pay attention to the new filing system. As we were reminded, Rule 5.3 of the Maine Rules of Professional Responsibility obligates lawyers to supervise their assistants and ensure compliance with all filing requirements.

So take note: e-filing is coming!

©2020 Pierce Atwood LLP. All rights reserved.

Learn more about e-filing on the National Law Review Administrative & Regulatory law page.

Media Education Is Crucial to Preparing Young Attorneys to Speak on the Record

Last month, a photojournalist for The Daily Northwestern, Northwestern University’s campus newspaper, captured photographs of student protestors who rushed a lecture hall where former Attorney General Jeff Sessions was speaking on campus. One of the pictures the photojournalist published featured a protestor sprawled on the floor. Students involved in the protest reacted with sharp criticism: being photographed in public had caused the protestor trauma, they argued. In addition, the reporters who used the student directory to attempt to contact protestors for quotes had invaded those students’ privacy.

In response to this pressure, editors at the newspaper took the photographs down and published an apology — steps that were immediately scorned by seasoned media professionals who explained that reporting on public events, through gathering quotes and taking pictures, is one of the most basic functions of journalism.

As with many stories that go viral, overheated Twitter commentary led to cross-generation attacks, straw-man arguments and handwringing over the death of traditional media. But when you push aside the noise around this story, it becomes clear that what happened at Northwestern illuminates an interesting disconnect between young people on the cusp of the Millennial-Z generations and the rest of us: we have different ideas about the purpose and function of traditional media.

What does this have to do with legal marketing? The oldest members of Generation Z are preparing to enter law school in the fall of 2020, which means firms are just a few years out from welcoming this new crop of lawyers. Forward-thinking law firms have long understood the value of media training in helping their attorneys build fruitful relationships with reporters and manage individual and firm brands across multiple channels. The Northwestern case, however, demonstrates that firms must also be prepared to offer some basic media education to their business development curriculum.

Younger lawyers may have a steep learning curve if they want to launch their careers with a productive media strategy. Here are three lessons firms will need to figure out how to teach them:

It’s hard to understand what you don’t consume. As social media has become such a central part of the way we broadcast and receive information, it fills the role traditional media used to play in some people’s lives. Not only does this mean that fewer people are reading the newspaper and relying on quality objective journalism to understand the world, but that inexperience with traditional media also breeds ignorance about what reporters, including specialists in the legal media, do all day and why they do it.

A young attorney who does not read the most important media outlets in the legal industry may not have a proper understanding of how law leaders use the information and data reporters publish to make business decisions and innovate at the practice and firm level. While managing partners may not always be pleased with the coverage of their firm, they understand and accept that the health of the industry relies on these sources of objective information. What’s more, for every article that makes a law partner squirm, there is one that amplifies a firm’s accomplishments for the entire industry to see.

Those media mentions are worth their weight in gold, but you have to respect and understand the institution of legal journalism as a whole to ever have a chance at winning one for yourself or your firm.

Not all media is the same. The media landscape of 2019 exists across four categories: paid, owned, shared, and earned. Paid media is sponsored content and pay-to-play awards and features. Owned media is the content your firm creates and distributes through your website and newsletter. Shared media is social media and all the content it spreads so rapidly. And earned media encompasses mentions in traditional media outlets.

A sophisticated communications strategy creates a plan for all four categories and, importantly, recognizes the strengths and weaknesses of each one. The first step to making sense of it all is to recognize the tension between control and authority. Media that allows your firm complete control over the content — your Twitter feed, for example — does not carry much authority. Consumers understand that anyone can make any claim they like on the internet. Media outlets that carry authority in the industry — such as Bloomberg Law or the Wall Street Journal — are not going to offer you much control over the content. Their independence is what gives them authority.

Attorneys who are too focused on controlling the message will miss out on the chance to see their work featured in an outlet that prospective clients and recruits actually trust.

Your right to privacy is not unlimited in scope. While individuals, of course, have the right to live their private lives free from interference, attorneys engaged in work on behalf of law firms and companies, which in many cases involves actions that are matters of public record, should expect to occasionally face questions about that work. Fearing these encounters or, worse, painting this healthy professional interaction as some kind of victimization, is bad for both the legal industry and an attorney’s own career development. Attorneys who understand the role traditional media plays in their business development make themselves available to reporters and are ready to speak off the cuff about their cases, clients and the broader context of legal questions they spend time on.

Savvy lawyers have confidence that their integrity and expertise will stand up to scrutiny by a reporter, and they extend professional courtesy to journalists doing the hard work of chronicling a complex and dynamic industry.

As the media landscape continues to evolve, marketers and firm leaders will have to work harder than ever to play in all four media categories — paid, owned, shared and earned — and prepare their attorneys to build productive relationships with the reporters who can help them reach their desired audience.

© 2019 Page2 Communications. All rights reserved.

This article was written by Debra Pickett of Page 2 Communications.
For more advice for young lawyers, see the National Law Review Law Office Management section.

Legal Research News; Law Firm Updates and Awards and Law School Admission Changes: September 9, 2019

Labor Day is in the rearview, and the legal world churns on, with new developments, innovations and changes coming in on an almost a daily basis.  This week’s update on the trending news in the legal industry features Clark Hill merging with Las Vegas litigation boutique firm Gentile Cristalli Miller Armeni Savarese, former FedEx Senior Vice President responsible for US Litigation joins Bradley, and six attorneys from Le Clair Ryan move to Fox Rothschild.

Read on to learn more about what’s happening.

Law Firm Hires, Moves and Mergers

Michael Best recently announced the addition of Mark Yacura to the firm’s Washington DC office.  A seasoned attorney with more than 30 years of experience, he will join Michael Best as a partner and focus on FDA Regulatory issues.  In his career, he has advised his clients on FDA approval and clearance processes, and worked on matters regarding synthetic pharmaceuticals, biotechnology diagnostics, medical devices and conventional foods, along with regulatory matters involving other agencies, such as the Consumer Product Safety Commission (CPSC), the Environmental Protection Agency (EPA), and the Federal Trade Commission (FTC), among others.

Eric Callisto, Group Chair of Michael Best’s Regulatory Practice, sees Yacura’s experience as crucial in advising the firm’s international and domestic clients on the shifting political landscape.  Callisto calls Yacura “highly respected” and says, “it’s an honor to welcome him to our team in the Beltway.”

Conne Lensing Fed Ex Bradley
Connie Lewis Lensing

Bradley announced that Connie Lewis Lensing, formerly in house at Fed Ex, has joined the firm’s Nashville office.  Lensing had a long and storied career at Fed Ex, where she most recently served as the Senior Vice President responsible for U.S. Litigation.  In her role at Fed Ex, she pioneered the idea of an in-house law firm, bringing litigation and trial responsibilities into the corporate legal department and also  oversaw litigation across the  United States and the Virgin Islands, with an emphasis on employment matters as well as antitrust, governmental actions, and EEOC (Equal Employment Opportunity Commission charges.

Along with being a trailblazer of corporate legal services, Lensing also demonstrated her commitment to civil justice as the Vice-Chair of the Board of Directors and as Chair of the Executive Committee of the US Chamber of Commerce’s Institute for Legal Reform; additionally, she has leadership roles in the organization the Lawyers for Civil Justice.

Throughout her career Lensing has seen the experience of women in legal dramatically changed.  This life experience has given her insight, and she shares her insights by mentoring young women attorneys and championing them.   Kim Martin, chair of Bradley’s Litigation Practice Group, calls Lewis-Lensing’s record of mentoring younger attorneys as “fantastic.”  She says, “We look forward to including her insights and experience in this area to further support Bradley’s mentoring efforts.”

Bradley Nashville Office Managing Partner Lela Hollabaugh calls Lensing joining Bradley “a thrill” and “a tremendous honor” to partner with Lensing as she “enters a new phase of her career as a litigator and innovator in private practice.”

Fox Rothschild LLP recently welcomed six attorneys from Le Clair Ryan to be spread across the firm’s Washington DC, Texas, and New Jersey offices.

Joining the Washington DC office are four attorneys, with Robert Fletcher and Brian W. Stolarz coming in as partners and Kristin W. Broz as counsel in the litigation group.  Ashleigh R. Eames joins the firm as an associate, working in the labor and employment practice group.  Fletcher works with corporate clients on litigation in industries such as retail, government, insurance, pharmaceutical and biotechnology.  Stolarz works with clients on white collar criminal defense, with an emphasis on False Claims Act defense and securities enforcement.  He also assists with internal investigations and securities enforcement.  Broz has experience in class action litigation, and her background also includes experience with US and international regulations, consumer protection data privacy matters. Also joining the DC office is Ashleigh R. Eames, she will be an associate in the labor and employment practice, focusing on wage and hour issues and leave and accommodation matters, as well as hiring and workplace compliance matters.

William E. Hammel joins the firm as a partner focusing on labor and employment matters in Dallas, Texas, he has broad experience across labor and employment law, and in arbitration and litigation, but he has a focus on avoiding litigation through prevention and training, utilizing internal auditing tools and conducting investigations. His Texas roots run deep, with a JD from Baylor University and a BA from the University of Texas.

Christopher L. Pizzo joins Fox Rothschild as a partner in the corporate group in the Morristown, New Jersey office. He has a diverse group of clients, frequently working in industries that have a lot of regulation, and focusing on corporate, transactional and Mergers and Acquisitions.

In other big moves, Clark Hill recently announced it was joining forces with Las Vegas litigation boutique firm Gentile Cristalli Miller Armeni Savarese (GCMAS), with six attorneys joining Clark Hill, four as members, two as senior counsel.  This combination grows Clark Hill’s presence in Las Vegas.  Donald Ridge, Member in Charge of Clark Hill’s Los Angeles, San Francisco and Las Vegas offices, says “We’re excited about the combination as the team brings significant litigation and trial experience, along with a strong presence and network in Nevada that will benefit all of our clients.”

Dominic Gentile Attorney
Dominic Gentile

The attorneys from Gentile Cristalli Miller Armeni Savarese will work out of Clark Hill’s Las Vegas office.  Dominic Gentile, a founding member of GCMAS is a trial attorney with an impressive record of representing his clients in white collar and bet-the-company litigation matters, nationally and internationally on civil, criminal, securities and commercial fraud investigations and litigations.  Gentile is involved in a variety of organizations associated with trial and litigation law, and he has a long career teaching trial advocacy and evidence at law schools across the country.  Michael Cristalli will be a member with Clark Hill, using his experience representing clients in complex criminal, corporate and civil litigation matters.  Some of the cases he worked on may seem familiar, as they have been featured on dateline NBC, CBS 48 Hours, and Cristalli has been a legal analyst on shows like Good Morning America, MSNBS and Fox and Friends.  Ross Miller is a former Secretary of State of Nevada, the youngest to serve in this role in both Nevada and in the country. In this position, he oversaw Commercial Recordings, Securities, Elections, Nevada Business Portal, and Notaries Public.   His public service also includes serving on State of Nevada Boards including the Board of Prison Commissioners, the Governor’s Office of Economic Development, and the State Audit Committee.  Along with this public service, Miller was the Deputy District Attorney in Clark County.  Paola Armeni will join Clark Hill as a Member, and she has a resume that includes representing clients in criminal defense and civil rights cases in Nevada state and federal courts.   Vincent Savarese has worked in federal criminal defense, constitutional law, federal civil rights and asset forfeiture, in complex litigation at the pretrial, trial and appellate stage in state and federal court. He will join Clark Hill as Senior Counsel.  Mark Dzarnoski is joining Clark Hill in the securities and investments group as a Senior Counsel having 30 years of experience.   He guides clients through allegations of criminal fraud and SEC/FTC investigations and civil enforcement actions. s.

Gentile indicates this is a merger based on shared values.  He says, “It was important to all of us that we merge with a firm that shared our client service philosophy, work ethic and values, and in Clark Hill we found the perfect alignment.” (image of Gentile?)

Law Firm Victories, Achievements and Awards

On September 3, 2019, Gilbert LLP announced that the Commercial Division for the Supreme Court for the State of New York ruled that Gilbert client, Michael Cohen, could continue his litigation against the Trump Organization, his former employer.  Cohen is arguing that the Trump Organization failed to provide attorneys’ fees and reimburse his costs in connection to a variety of legal proceedings and investigations.  Hunter Winstead, who serves as the lead attorney on the matter, indicated an intention to pursue this matter to conclusion, saying, “We intend to obtain full payment of Mr. Cohen’s claims.”

Just in time for back to school, Hinshaw & Culbertson LLP, announced the publication of their Third Edition of a 50 State Guide on Student Loan Servicing Regulations.  The second edition was published in June of 2018, and this edition captures the changes in the regulatory landscape of this industry, with 6 additional states enacting laws concerning student loan servicing: Colorado, Maine, Nevada, New Jersey, New York and Rhode Island.  The third edition covers changes up to May of 2019, and captures some of the updated regulations on licensing fees, processes and actions—demonstrating the steps loan servicers need to take to remain in compliance.  Additionally, changes made in regulation requirements in Washington, DC-based on court rulings are covered by the guide. In this rapidly shifting regulatory landscape, this guide is designed to be a quick reference for student loan servicers (but does not constitute legal advice or create an attorney-client relationship) with state by state summaries covering state laws, licensing processes, and loan servicers’ duties, as well as each state’s enforcement mechanisms. (link to guide?)

North Carolina law firm Poyner Spruill announced partners Karen Chapman, Sarah DiFranco, and Susie Gibbons were recognized as North Carolina Lawyers Weekly’s 2019 Women of Justice Award honorees.  This is a designation that recognizes the highest ideals of the legal profession, and women attorneys in North Carolina who demonstrate leadership, integrity, service, sacrifice and accomplishment in improving justice quality across the state.

Peter Friedenberg and Sara Jane Shanahan of Sherin and Lodgen were both recognized as a “Lawyer of the Year” in Best Lawyers.  Friedenberg was recognized for his work in Real Estate Law, and Shanahan was recognized for Litigation—Insurance.  This is a designation reserved for one attorney in each specialty and location who has received the highest overall peer-feedback for their specific practice area.

Legal Industry and Law School Developments

ScantronContinuing with the back to school theme of this edition of NLR’s Legal Industry Trends; at the end of August Berkeley Law School announced that it will now consider some applicants on the basis of a GRE or GMAT score, and those applicants can avoid the LSAT.  The GRE and GMAT will be accepted for those interested in concurrent or combined degree programs, or for those who are enrolled in graduate school at the time of their application to Berkeley Law.  Part of the reasoning behind this development is the school’s goal to admit “outside-of-the-box thinkers” and a holistic approach to application review, according to Kristin Theis-Alvarex, Assistant Dean of Admissions and Financial Aid.  She says, “Test scores—from any source—are important, but not dispositive.”  Dean Erwin Chemerinksy says, “Allowing these students to apply with the GRE and GMAT will further our interdisciplinary mission and help us to continue to attract outstanding law students.”  This move is part of a pilot program, and the school will evaluate the results of this decision over the next three years carefully to maintain ABA compliance.

ABA ReportOn the other end of the spectrum, The American Bar Association released its white paper, the ABA’s 2019 Profile of the Legal Profession. This report is the first of its kind from the ABA, crammed full of data about the state of the legal profession, compiling information from surveys, studies and reports about lawyers and law firms across the United States.  The report has specific sections devoted to lawyer demographics, pay, legal education, and specific information related to women attorneys, pro bono efforts and legal technology.  Some interesting points below:

  • Male attorneys still outnumber female attorneys, almost 2 to 1. Male attorneys are 64% of all attorneys while women attorneys are at 36%.
  • Most state bar associations do not track race and ethnicity of attorneys, but more did in 2019 (20 states) compared to 16 states tracking in 2009.
  • The average lawyer salary is $144,230, but increases have slowed down after the recession of 2008-09, but from 1998 to 2018 overall, lawyer salaries almost doubled, but the cost of living rose 53%.
  • Of the students who enroll in law school, 35% enroll right after undergrad and 65% take at least a year off between undergrad and law school. The most common reason cited for going to law school was a route to careers in politics, government or public service, at 44%.

Full of information and factoids, this report deserves a close reading by anyone interested in getting a handle on the legal industry.

Gartner, a leading research and advisory company, recently reported the results of a survey on cost-effective legal departments.  To provide this data, Gartner surveyed more than 140  companies in different locations,  industries and revenue size to identify those that spend in the lowest quartile of their peer group, while handling a similar workload.  Overall, the study indicated in house legal departments that invested in improving internal processes and growing internal capabilities with investments in staff training as well as standardizing legal work and developing legal ops capabilities were the most cost-effective.  In fact, 63% of in-house legal work is routine, and can be standardized, and departments that lack legal operations capabilities spend 30% more than those with those abilities.  These steps assist legal departments in bringing work in house and saving outside counsel expenditures for critical matters.

Michael Mayfield, research director in Gartner’s Legal & Compliance practice, says, “General Counsel also need to invest in the right areas to equip their teams to be successful, this is most clearly on display when looking at the differential in training spend between cost-effective legal departments and their higher-cost peers.”

That’s a wrap for this week.  We’ll have more later in the month!

Copyright ©2019 National Law Forum, LLC

NLR Legal Industry News July 1, 2019: Law Firm Recognition, Tech and Talent

The legal industry is continuously changing and we want to share the good news about strategic hires and notable industry achievements. We’re also looking to pass on interesting legal tech developments that aid lawyers and law firms in streamlining and growing their practices.

Notable Legal Industry Recognitions 

The law firm of Frost, Brown & Todd was honored by the Women in Law Empowerment Forum (WILEF) for their diversity and inclusion efforts with a 2019 Gold Standard Certification, and the firm was only one of 45 firms to receive this honor.  In order to be recognized firms had to meet a variety of criteria, including the mandatory criterion that at least 20% of all equity partners are female, or 33% or more of attorneys who became equity partners during the last year were women.  Additionally, there are other criteria that must be met, some incorporating other diversity measures including LGBT attorneys or women of color in equity partner roles.  FBT has been honored with this designation by WILEF seven times.

top-50-construction-law-firmsCarlton Fields and K&L Gates both ranked in the Construction Executive’s inaugural “The Top 50 Construction Law Firms” list. Carlton Fields’ Construction practice has received multiple accolades, including being named by Chambers USA as the No 1. Construction practice in Florida for 17 years straight. K&L Gates has over 2,000 attorneys in offices on five continents, and was named one of the top 5 firms in the inaugural edition of the list.  The list considered the number of attorneys working in the area, as well as the number of states where the firm is licensed to practice, the year the practice was established and percentage of the firm’s total revenue that comes from the Construction practice.

Wiggin and Dana LLP Corporate M&A practice was recently recognized by IFLR 1000 US 2019 edition as a Tier 1 firm for Corporate M&A work in Connecticut.  Additionally, five attorneys with Wiggin and Dana were specifically recognized: Paul Hughes, William Perrone, and Mark Kaduboski were named as Highly Regarded, while Evan Kipperman and James Greifzu were designated as Future Rising Stars.

For the fourth time, Chambers USA named McDermott Will & Emery the 2019 Healthcare Team of the Year. The health practice at McDermott earned a Band 1 ranking in the Healthcare category for the 10th year in a row earlier this year, and it is the only firm to hold that distinction.  In fact, the practice group has picked up a variety of accolades over the years, including commendations from US News and World Report and The Legal 500.  Practice Chair Eric Zimmerman says, “Our team is dedicated to helping health care companies push the boundaries of what it means to be innovative.”

Ballard Spahr attorney Judy Mok, has been named to the New York Law Journal‘s 2019 Rising Stars list. Ms. Mok has extensive experience negotiating payments transactions for some of the world’s largest retailers and financial institutions. Prior to joining the firm, Ms. Mok served as Senior Payments Counsel for Apple Inc.

Per Alan S. Kaplinsky, Practice Leader of Ballard Spahr’s Consumer Financial Services Group. “Judy represents the best that our legal profession has to offer—she has a sophisticated understanding of the payments ecosystem, she leads by example, and she fosters an inclusive environment.”

Legal Talent Update

EDITThomasSengelwaltSJ
Thomas J. Sengewalt

Steptoe & Johnson PLLC announced that Thomas J. Sengewalt has rejoined the firm’s Denver litigation practice.  Sengewalt has experience in energy litigation and energy transactions.  Steptoe & Johnson CEO Susan S. Brewer expressed excitement for Tom’s return to Steptoe & Johnson, saying,   “His work in litigation and transactions helped some of the Appalachian region’s largest energy producers, and we know he will bring the same skill and passion to our clients in the Rockies.”

Former Commissioner of the California Department of Business Oversight, Jan Lynn Owen joined Manatt, Phelps & Phillips, LLP as a senior advisor in the financial services group.  Owen is known for her embrace of technology and using technology to foster innovation, and she worked to find banking solutions for the cannabis retail industry, working with state regulators and business owners to innovate practical and safe solutions for these businesses.  Additionally, she worked to develop fintech start-ups, working to reduce regulatory burdens in this industry while safeguarding consumer privacy. Owen says, “I knew Manatt’s financial services group would be the ideal place for me to advise and counsel businesses that face a number of complex regulatory and marketplace challenges in today’s rapidly evolving new economy.”

Feinberg Day Alberti Lim & Belloli LLP in Menlo Park, California is increasing its intellectual property punch with the addition of five intellectual property attorneys, including two new Partners Robert Kramer and Russell Tonkovich.  The firm will undergo a name change and be called: Feinberg Day Kramer Alberti Lim Tonkovich & Belloli LLP.  Kramer and Tonkovich each have assembled an impressive resume of awards and a history of winning verdicts in significant patent infringement cases.  Tonkovich is a medical doctor as well as an attorney.  Additionally, Feinberg Day is also adding attorneys Kate Hart, Aidan Brewster and Nick Martini to their IP focused law firm.  Feinberg Day was founded in 2011, and has a reputation for assisting clients in monetizing their patent portfolios.

EDITMonahanChris.WinstonStrawn.DC
Christopher B. Monahan

Winston Strawn announced the addition of Christopher B. Monahan to their Washington DC office. Monahan works with clients on compliance with International Traffic in Arms regulations, the Export Administration Regulations and sanctions programs under OFAC and FCPA.  He assists clients with internal investigations and compliance reviews, and he helps clients in determining jurisdiction and export control classification of their products and technology.  Monahan will join the firm as a partner in the White Collar, Regulatory Defense & Investigations Practice.

Legal Technology News

Legal Services Link recently launched ioRefer™ Referral Software designed to streamline the referral process within law firms, bar associations, legal networks and corporate law departments.  ioRefer’s interactive database helps attorneys looking for assistance on particular projects to quickly post and distribute staffing needs notices either within their law firm or within a broader legal network.  Conversely, law firm attorneys or network professionals with extra capacity can search the database for staffing needs on specific projects. ioRefer for Corporate law departments simplifies the process of retaining qualified law firm talent via targeted matter postings or by searching an intuitive, current directory of qualified professionals.

Attorney and co-founder, Matthew Horn: “ioRefer solves the ineffective, outdated, manual processes used to refer and staff client matters and helps balance the workload distribution of matters to qualified professionals who are looking to take on more work.  For law firms, it keeps client matters from being sent outside the firm and at the same time helps lawyers become more interconnected with their colleagues.”

Cheryl Kaufman, CEO of Alliance Legal Solutions
Cheryl Kaufman

Alliance Legal Solutions recently launched Fundafi.com, a technology-enabled lending platform that improves access to financing for small U.S.law firms.  Fundafi’s business model is designed to nurture a law firm’s growth much like a private equity firm would do for an emerging business. Fundafi has deep knowledge of small law firm practices gained during 8 years of experience working with thousands of law firms. Alliance Legal Solutions was founded in 2011, by Cheryl Kaufman, a graduate of Wake Forest School of Law.

Over three billion images are shared online each day, and around 85% of them are unlicensed, with estimated revenue lost at more than $600 million daily,  as reported by COPYTRACK and summarized in its recently released  2019 Global Infringement Report.

Some of the more interesting findings from the 2019 report reveal that the U.S. is the world leader in image theft comprising 22.96% of worldwide theft.  But less obvious is the #2 offender, Panama, a country with four million inhabitants, comprising a 6.76% share of global image theft. This anomaly is likely the result of “Privacy Protection Services,” who registers site domains in Panama to mask the owners’ personal information. China, considered by many to be the world leader in authorized use, comes in third place with a surprisingly small 6.57%.

2018 bus email graphicCyber Special Ops, LLC, recently announced a new delivery model for cyber services called Concierge Cyber™ which is modeled after the growing practice of concierge medicine.  It includes à la carte or bundled service offerings. same day appointments, phone or email access on evenings and weekends, and pre- and post-breach services as needed at pre-negotiated rates. Breach response services are provided by My-CERT™, a team of highly credentialed legal, information security, credit and identity restoration, and public relations specialists

Per Kurtis Suhs, founder and managing director of Cyber Special Ops, LLC: “Currently only 2 of 10 organizations have purchased cyber insurance, and their policies may not cover theft of monies. So, who do organizations call in the event of a wire fraud loss on a Friday evening? Concierge Cyber makes it possible for organizations of all sizes and budgets to have immediate access to world-class cyber risk management support. The My-CERT™ team provides expertise, experience and agility to effectively respond to a cyber incident under the protection of attorney-client privilege.”

Notable legal industry news?  Submit your stories for consideration in the National Law Review’s Legal Talent and Tech Update.

Copyright ©2019 National Law Forum, LLC
For more on the business of law, please see the National Law Review Law Office Management page.

7th Annual ABA GPSolo National Solo & Small Firm Conference

The National Law Review is pleased to bring you information about the upcoming 7th Annual ABA GPSolo National Solo & Small Firm Conference:

When

October 11 – 13, 2012

Where

  • Westin Seattle
  • 1900 5th Av
  • Seattle, WA, 98101
  • United States of America

The Seventh Annual ABA GPSolo National Solo & Small Firm Conference is an educational and professional forum that will discuss legal developments in the law that impact solo, general practitioners, and small firms.  The conference is designed to engage and inform attorneys at all levels of practice.  Attendees will gain practical knowledge from an expert faculty comprised of well-known nationally acclaimed speakers.

This conference will cover a wide spectrum of topics including Practice Empowerment, Technology, and Basic Skills.

Practice Empowerment topics include:

  • Law firm and client development
  • Unbundling of legal services
  • Mastering the courtroom
  • Ethics 20/20 update
  • Estate planning for same sex couples
  • Persuasive legal writing

Technology programs will explore:

  • Using an iPad in litigation
  • The best apps and technology for your practice
  • Virtual offices and cloud computing
  • The ethics of legal technology
  • Building your practice through technology and advertising

The Basic Skills programs are a must for law students, new practitioners, and those looking to change or expand practice areas. Topics include:

  • Immigration
  • Criminal Law
  • Federal Estate Tax
  • Federal Rules of Evidence
  • Bankruptcy
  • Intellectual Property
  • Real Estate
  • Business Law