$4.9M Settlement for Mother of Passenger Killed in Auto Accident

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Bayer Seeks to Resolve $4.9M Settlement for Mother of – INSIDE THE LEGAL – REGIONAL Most Essure Claims in Emailed Arbitration Agreement...... 3 Passenger Killed in Auto Accident In a case testing the bounds of $1.6B Proposed Accord employer arbitration contracts and if “acknowledging” an agreement is the BY ALAINA LANCASTER BY P.J. D’ANNUNZIO wall before com- same as “assenting” to one, the New The Recorder Of the Legal Staff ing to a stop. The Jersey Supreme Court ruled 5-1 that a fi rm said that the former Pfi zer employee’s discrimination Bayer AG and plaintiffs lawyers have he mother of a young man killed truck driver, Dale claims must be resolved through reached a $1.6 billion proposed agree- while riding in a vehicle that spun Overly, witnessed arbitration and not the courts. ment to resolve the majority of U.S. injury out of control has settled her lawsuit the accident. T NATIONAL claims involving its female sterilization with the vehicle’s owner and the driver for “Mr. Overly NY’s Bar Plan Slammed...... 4 device Essure. $4.9 million. stated he was in New York’s plan to administer The settlement includes all jurisdictions Monica Madrazo, mother of Zachary the right-hand an online bar exam in October with high volumes of Essure litigation, Garcia, who died at age 22, received $4.9 EICHEN lane when he was is misguided and inequitable, such as the coordinated cases in California million of a $7 million insurance payout to passed by the vehicle,” court papers said. according to a panel of recent law and lawsuits in the U.S. District Court for her son’s estate and other passengers in the “After passing his truck, Mr. Overly stated graduates, legal educators and state the Eastern District of Pennsylvania, Bayer car, according to the plaintiff’s representa- the vehicle attempted to merge into the lawmakers who convened Tuesday for a reports, resolving about 90% of the nearly tion, the fi rm of Eichen Crutchlow Zaslow. right-hand lane in front of him when it virtual roundtable discussion about the 39,000 total claims that the implant caused The defendants were the owner of the 2007 appeared the driver of the vehicle lost licensing test. side effects such as hair and tooth loss, Toyota Camry at issue, Karin Minkin, and control of the vehicle, which began to IMMIGRATION LAW chronic bleeding, miscarriages and death its driver, Andrew Carlon. spin clockwise, crashed off the rock- of both Essure recipients and their infants. The accident occurred on Interstate 70 wall adjacent to the right-hand travel Permanent Resident Status ...... 5 With the right strategy and A spokesperson for Bayer declined to East in Brush Creek Township when Carlon lane, flipped one and a half times onto forethought, an LPR should be comment on the settlement, but the com- tried to pass a tractor trailer at a high speed its roof, traveled on its roof across two able to reenter the United States pany stated in a news release that there is during a rain storm, according to the plain- lanes of traffic, and struck the guard rail without abandoning their hard-earned no admission of wrongdoing or liability by tiff’s court papers. on the left side of the road, where it came green card, contributor F. Oliver Yang Bayer in the settlement agreements. At that time, Carlon lost control of the to rest.” writes. Essure continues on 9 vehicle, it fl ipped over, and spun into a rock Accident continues on 10 EMPLOYMENT LAW Trump’s Payroll Tax Deferral ...... 7 The only thing Lateral Moves Pick Trump’s payroll Remote School Is Now a Marathon, Not tax deferral has managed to do is create another Up in August After Sprint. How Will Firms Support Parents? headache for employers and a mirage for employees, contributors Pauline W. Markey, Ivo Becica and Charlie L. Shute Hiring Slowdown BY DAN PACKEL virtual education, in the vast majority of Jr. write. The American Lawyer cases their children will again be doing at BY SAMANTHA STOKES least some of their learning remotely. INDEX The American Lawyer “Back to school” has a very different But compared with March, when abrupt Classiﬁ ed ...... 12 meaning in the coronavirus-wracked school shutdowns forced adjustments on Public Notices...... 14 After an initial slowdown in Big Law lat- America of 2020 than in previous years. the fl y, fi rms now have the ability to be Legal Listings ...... 15 eral moves at the onset of the coronavirus While lawyer-parents had hoped that the more deliberate in addressing and easing pandemic, hiring in August remains active. end of the previous school year also meant the anxiety of associates, younger partners Postal ID on Page 8 McDermott Will & Emery; White & Case; an end to juggling work while overseeing Remote continues on 10 Lateral continues on 10 www.TheLegalIntelligencer.com

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Accountability Offi ce and the Contract She assists both private and publicly experience advising clients in the fi nancial SPEAKERS Boards of Appeals, as well as the Court traded companies in the negotiation of services industry. Maria Panichelli, a partner at Obermayer of Federal Claims and the U.S. Court of employment agreements, severance agree- She is a member of the employee ben- Rebmann Maxwell & Hippel, is set to pres- Appeals for the Federal Circuit and other ments and plans, and director and executive efi ts committee of the American Bar ent Deltek’s webinar, “Size and Status Protests state and federal courts. compensation programs. Association tax section, as well as member Effecting Federal Set-Aside Contracts–Bases Though her practice is not limited to She designs, assists in the implementa- of the Pennsylvania, Dauphin County and and Procedures” on Aug. 25. construction, Panichelli has experience tion of, and analyzes nonqualifi ed deferred Louisiana bar associations. In the webcast Panichelli will cover the with a range of construction-related is- compensation plans, equity compensation She is also part of the National Center small-business protest process. sues such as defective designs; defec- plans and cafeteria plans. for Employee Ownership. Attendees will learn how size and sta- tive specifications; differing site condi- She also provides assistance with the She is director for the Foundation for tus protests differ from bid protests and tions; express, implied and constructive administration, compliance and termina- Enhancing Communities and serves on government-initiated size or eligibility changes; suspensions; delays; and liqui- tion of defined contribution plans, defined the grantmaking committees for the “Arts investigations. dated damages. benefit plans, profit-sharing plans, 401(k) for All” Partnership and the Foundation Panichelli will walk attendees through plans and employee stock purchase plans. for Enhancing Communities. the most common bases for size and McNees Wallace Lieux also advises clients on employee status protests—affiliation and control- & Nurick attor- benefi ts issues arising out of mergers and related issues—and explain the protest ney Renée Lieux is acquisitions, including benefi ts due dili- ANNOUNCEMENTS process, procedures and the eligibility slated to present the gence, negotiating benefi ts-related issues, The Legal is seeking contributing authors criteria for each of the small business webinar “Understand and the merger or termination of benefi t for its weekly In-House Counsel column. programs, including recent changes to a Paralegal’s Role in plans. Articles can cover a broad range of subjects Service-Disabled Veteran-Owned Small Employee Benefi ts She has experience counseling clients but should be of particular interest to in- Business eligibility. Law” for Lorman on ERISA and Sections 409A and 280G of house counsel. Panichelli is the chair of Obermayer’s Education Services the Code. Contact Kristie Rearick at krearick@ government contracting department. LIEUX on Aug. 26. She advises compensation committees alm.com for more information or to submit She focuses her practice exclusively on Lieux will explain the importance of and publicly traded companies and has a proposal. • federal government contracting and pro- paralegals to an effective employee benefi ts curement, guiding her clients through- department and will provide a road map to out the entire life cycle of their federal what is needed to be a productive benefi ts contracts. paralegal on staff. All potential items for People in the News should be She provides legal counseling that al- She will also give insight on how to lows her clients to successfully navigate best utilize a paralegal’s skills to improve addressed to Aleeza Furman at The Legal Intelligencer, the legal requirements related to federal productively. contracting while fulfi lling their own busi- Lieux practices in the McNees labor [email protected] ness goals. and employment practice group where she Panichelli represents her clients be- focuses on executive compensation and fore federal agencies, the Government employee benefi ts.

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LawCatalog.com/TLI VOL P. 947 FRIDAY, AUGUST 21, 2020 THE LEGAL INTELLIGENCER • 3

NJ Court Validates Pﬁ zer’s Emailed Arbitration Agreement

BY SUZETTE PARMLEY informed Skuse that if she remained a should have labeled the email’s subject public policy—the constitutional right to a New Jersey Law Journal Pfi zer employee for more than 60 days from matter better, she added. civil jury trial—and therefore unconscio- receipt of the agreement, she was deemed to “But that is not a basis to invalidate the nable and unenforceable under the Federal n a case testing the bounds of em- “assent to it” automatically. agreement,” said Patterson. “The agree- Arbitration Act and its state counterpart?” ployer arbitration contracts and if “ac- “Those communications clearly and un- ment was valid and binding, and the court asked Albin. “That is the great issue that Iknowledging” an agreement is the same mistakably explained the rights that Skuse concurs with the trial court’s decision to will confront the court.” as “assenting” to one, the New Jersey would waive by agreeing to arbitration, thus enforce it.” Chief Justice Stuart Rabner wrote a sepa- Supreme Court ruled 5-1 that a former complying with waiver-of-rights case law, and Justices Jaynee LaVecchia, Faustino rate 10-page dissent, in which he noted how Pfi zer employee’s discrimination claims Pfi zer’s delivery of the agreement by email Fernandez-Vina and Lee Solomon joined in the Appellate Division carefully parsed the must be resolved through arbitration and did not warrant its invalidation,” Justice Anne the 41-page opinion. online “training module” that Pfi zer used to not the courts. poke holes in its methodology. In upholding the trial court, the majority Rabner said the module “lacked clear and reversed the Appellate Division and deter- unmistakable proof” that Pfi zer’s employ- mined that plaintiff Amy Skuse’s employ- Patterson said New Jersey case law requires that a ees agreed to waive the right to have their ment discrimination claim was indisputably day in court, and said he feared that the included in the Pfi zer arbitration agree- waiver-of-rights provision be written clearly and opinion will usher in a new day for arbitra- ment’s broad language. tion agreements. Skuse fi led suit against Pfi zer, and two unambiguously—and the Pfi zer agreement was that. “What employer will ask an employee managers and an HR executive, assert- to agree to settle a dispute through ar- ing claims based on the Law Against bitration and waive the right to proceed Discrimination. in court if it is enough simply to ask the Skuse contended she never checked off Patterson wrote for the majority Tuesday. Justice Walter Timpone recused. employee to acknowledge she received a a box in a work email she received from “Pfi zer’s use of the word ‘acknowledge’ Justice Barry Albin issued an 11-page statement of company policy and deem Pfi zer some 13 months earlier in the con- was appropriate in the circumstances of this concurrence, in which he largely agreed consent from her continuing to show up for text of a “training module” to “acknowl- case, given the terms of Pfi zer’s arbitration with the majority that the “totality of evi- work?” Rabner wrote. “More is required edge” the company’s arbitration agreement. policy and other expressions of assent that dence” suggests Skuse knew what she was to show clear and unmistakable assent in Therefore, she contended, she never as- immediately preceded that request,” said agreeing to, but he said he has concerns any context. sented to it as required by law to waive her Patterson. over the ruling’s impact on employment and “More should be required before employ- right to trial. Patterson said New Jersey case law re- consumer contracts moving forward. “The ees are asked to give up their constitutional Pfi zer countered that the fi ve-page quires that a waiver-of-rights provision be court will have to address a more profound and statutory rights to have their day in “Mutual Arbitration and Class Waiver written clearly and unambiguously—and question: Are such contracts of adhesion court,” added Rabner. Agreement” and related communications the Pfi zer agreement was that, though Pfi zer contrary to New Jersey’s most fundamental Pfi zer continues on 9

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New York’s Bar Plan Slammed by Examinees and Lawmakers Longtime In-House

BY KAREN SLOAN Pharma Attorney New York Law Journal Hired by Zai Lab ew York’s plan to administer an online bar exam in October is mis- Nguided and inequitable, according BY DAN CLARK to a panel of recent law graduates, legal ed- Corporate Counsel ucators and state lawmakers who convened Tuesday for a virtual roundtable discussion The Shanghai-based biopharmaceutical about the licensing test. company Zai Lab announced Monday the Participants spent nearly two hours dis- hiring of F. Ty Edmondson to serve as the cussing the myriad challenges facing recent company’s chief legal officer. law graduates, the problems with moving “Bringing important therapeutics to peo- the exam online, and the benefits of an ple around the world is one of the great emergency diploma privilege that would callings of our time and the outstanding allow graduates to become licensed without Zai Lab leadership team is dedicated to this taking the test. More than 8,000 people task,” Edmondson said in the press release. viewed the discussion online, an indication It is not clear who preceded Edmondson of how important this issue has become, as the company’s chief legal officer or said New York state Sen. Brad Hoylman, general counsel. According to his LinkedIn who convened the roundtable with State profile, Edmondson began work for the bio- Assemblywoman Jo Anne Simon. Both law- AP photo by Hans Pennink pharmaceutical company earlier this month makers have introduced bills that would New York state Sen. Brad Hoylman. and is based in Cambridge, Massachusetts. enact a temporary diploma privilege for law The move comes shortly after the com- graduates. uncertainty over the test’s format have New York’s reputation as the gold standard pany announced its 2020 second quarter “That suggests the concern among re- had on their lives amid a pandemic, from for the bar exam is under threat. earnings. According to a transcript of the cent law graduates across the state and delayed start dates for jobs they have lined “The reputation of New York has really de- call, over the past three months the com- the need for the [New York State Board up and a loss of income, to lapses in clined in the past few months because of how pany achieved revenues of $19.2 million of Law Examiners] and the [New York health insurance, the challenges of study- this has been handled,” she said. “New York during the second quarter of 2020. During Court of Appeals] to address this issue,” ing for the bar while caring for children, has a chance to reclaim its leadership here.” that call, the company said over the next Hoylman said. and worries that the planned online exam Legal aid offices and the clients they three years it looks forward to having a Simon said after the discussion that her will run into the same technical problems serve will suffer without the traditional steady stream of drug approvals in China. fellow legislators have been reluctant to that this week forced Florida to postpone influx of new attorneys that follow the July Right now, the company has four Food and step into the fray, in part, because the bar its test with two days’ notice. Several be- bar exam, said Jared Trujillo, president of Drug Administration Assets and two ap- exam is traditionally under the purview of came emotional speaking about their wor- the Association of Legal Aid Attorneys. An provals launched in China. the court. But she added that she has seen a ries that they can’t contribute financially October bar exam will delay their entry into “I am honored to now be a part of this “growing willingness” to address the issue to their households and the mental strain practice for months, he noted. mission and to help Zai Lab expand into legislatively since bills were introduced in they carry. And numerous panelists aired concerns a fully integrated biopharmaceutical com- early July. “It seems like the test itself is being pri- over the online exam format, ranging from pany discovering, developing and commer- Hoylman said the New York State Board oritized over actual graduates,” said Kayla technical failures to the potential for dis- cializing innovative medicines for patients of Law Examiners declined an invitation Smith, a recent graduate of Brooklyn Law crimination in how the test is proctored. around the world,” Edmondson said in the to participate in the discussion. Board School who argued that her cohort has Several speakers pointed to software and press release. Executive Director John McAlary did not put in the necessary work over three years security issues that plagued the first online Edmondson was not immediately available respond to requests for comment Tuesday. of law school and months of studying for exams in Nevada, Indiana, and Michigan. for comment beyond the press release Monday. The Court of Appeals in late March an- the bar exam and should be licensed. She And Florida’s last-minute postponement is Edmondson has spent most of his career nounced that it was postponing New York’s said graduates are open to a provision that yet another signal that online exams aren’t in-house in the pharmaceutical industry. in-person exam from July to September. would require them to perform 100 or more feasible, they said. Most recently, he worked as chief corpora- Then on July 16, it announced the cancel- hours of legal work under the supervision Mike Machado, a recent graduate of tion counsel at Biogen and before that he lation of that September exam without an of a licensed attorney were they granted a the University of Pennsylvania Carey Law served as chief compliance and international alternative in place. A week later, the court diploma privilege. School, said that there is no evidence that counsel. He has also held in-house roles said it would give the Oct. 5 and 6 online Law graduates have been adrift as they software vendor ExamSoft’s servers can at Sunovion Pharmaceuticals, Dainippon bar exam being designed by the National wait months for a path to licensure, said handle the load of 20,000 or more people Sumitomo Pharma, Eisai, Boston Scientific Conference of Bar Examiners. The diploma Cornell Law Dean Eduardo Peñalver, who taking an online bar exam at the same time and Bristol-Myers Squibb. Edmondson also privilege movement has gained momentum spoke as a representative of all the law in October. And several panelists raised served as an associate at Royston Rayzor. in recent weeks—the deans of the state’s deans in the state. Recent Cornell grads, concerns that the artificial intelligence used He is a graduate of Widener University 15 law schools are now on board—but the for instance, are struggling to find places to proctor remote exams is discriminatory School of Law. court has thus far resisted calls to allow to live with their leases ending this month against people of color and those with “Ty brings decades of biopharmaceutical law graduates to bypass the test. Louisiana, as their bar exam studies drag into the disabilities. legal and compliance experience, having Oregon, Utah and Washington have ad- next academic year. Not all of them can “Diploma privilege is the only equi- advised global companies, management opted temporary diploma privileges. About temporarily move in with family members, table option right now,” said Tara Roslin, teams and boards of directors in a diverse 30,000 people are expected to take the he noted. a recent graduate of Boston University range of markets around the world,” Dr. October online test in jurisdictions such as Ohio State University law professor School of Law and the director of research Samantha Wu, founder, chairwoman and New York, California, Illinois, New Jersey Deborah Jones Merritt, who co-authored an at the National Disabled Law Students chief executive officer of Zai Lab, said in and Pennsylvania. influential white paper in March that urged Association. the press release. Five recent law graduates discussed states to quickly find alternatives to the in- Karen Sloan can be contacted at ksloan@ Dan Clark can be contacted at dclark@ the impact those exam delays and the person July bar due to COVID-19, said that alm.com. • alm.com. •

Renew Your Subscription to The Legal Intelligencer Today! 877-256-2472 VOL P. 949 FRIDAY, AUGUST 21, 2020 THE LEGAL INTELLIGENCER • 5 IMMIGRATION LAW Maintaining Permanent Resident Status During the COVID-19 Pandemic

BY F. OLIVER YANG a temporary visit abroad. An SB-1 visa ap- of entry and assert no abandonment. The Special to the Legal F. OLIVER YANG, plicant must demonstrate that he departed Customs and Border Protection (CBP) offi- an attorney at Klasko the United States with the intention of cials at the port of entry can waive the LPR OVID-19 has impacted many things Immigration Law returning to an unrelinquished residence into the United States if there is a convinc- we took for granted for decades as it Partners, manages the and that the alien’s stay abroad was for ing reason for his absence. In this case, the process to obtain long-term reverberates through every corner of reasons beyond the alien’s control and for LPR may be asked to complete Form I-193 C residence through E-2 visa/ the world and disrupts every aspect of our which the alien was to apply for a SB-1 Grenada citizenship. He lives. Green card holders (lawful permanent not responsible. visa waiver and pay also manages all stages residents, or LPRs) overseas who plan to of the EB-5 process. As We will discuss the $585 filing fee. come back to the United States will not only a native Mandarin Chinese speaker, he guides relevant case law re- With the right strategy While this appears have to deal with health concerns associ- Chinese investors with I-526 petitions, as well as garding the first prong to be a less onerous ated with international travel, but also many investors from Taiwan, Canada, Singapore, India, later in this article. and forethought, an endeavor than apply- practical and economic inconveniences Indonesia and South Africa. The second prong ing for a SB-1 visa caused by the imposition of significant gov- is relatively easy to LPR should be able to at a U.S. Consulate, ernmental restrictions in many regions of the travel document that allows LPRs to main- satisfy if it can be it is a much riskier world. As a result, many are forced to stay tain permanent residence status when trav- shown that travel- reenter the United States approach as the CBP overseas for a protracted period. This pres- eling abroad for up to two years. It is not an ing from the LPR’s officials at the port ents a unique challenge when it comes to option for LPRs who are currently overseas foreign residence to without abandoning of entry have the full maintaining their permanent resident status. because it can only be applied from within the United States has their hard-earned green discretionary power Upon each entry into the United States, the United States), the green card will tech- been impacted by to grant or deny the an LPR is required to present a valid green nically be invalidated under the regulations. COVID-19, or if trav- card. waiver. It is also worth card and show that he is “returning to an In this case, an LPR will typically have two eling would place the noting that even if the unrelinquished lawful permanent residence choices: apply for an SB-1 visa or arrive at LPR at risk given his waiver is not granted, after a temporary visit abroad.” If the ab- the border and assert no LPR abandonment. health conditions. an LPR has the right sence is less than a year but more than 180 to a hearing before an immigration judge, days, the LPR will be subject to more scru- APPLYING FOR A RETURNING COMING BACK TO THE US which would afford him a chance to reliti- tiny at the port of entry. If it can be shown RESIDENT (SB-1) VISA AT A US DIRECTLY AND ASSERT NO gate the abandonment issue in an immigra- that the absence was caused by COVID-19 CONSULATE OVERSEAS ABANDONMENT AT THE PORT OF tion court proceeding. restrictions, the LPR will likely be admitted ENTRY In determining whether an LPR has aban- into the United States. Under the Immigration and Nationality doned the permanent resident status, both If the absence is more than a year with- Act, the SB-1 visa is a “special immigrant” An LPR who has been absent for more options above will look at whether the out a reentry permit (the reentry permit is a visa for an immigrant who is returning from than a year can choose to appear at the port Immigration Law continues on 8 6 • THE LEGAL INTELLIGENCER FRIDAY, AUGUST 21, 2020 VOL P. 950

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LawCatalog.com VOL P. 951 FRIDAY, AUGUST 21, 2020 THE LEGAL INTELLIGENCER • 7

Trump’s Payroll Tax Deferral: Another Headache for Employers

BY PAULINE W. MARKEY, he will forgive the such payroll taxes from their employees’ IVO BECICA payroll tax obliga- paychecks and hand those funds to the AND CHARLIE L. SHUTE JR. tions and terminate IRS periodically during the tax year. If Special to the Legal payroll taxes going employers fail to collect the payroll taxes forward. He has or fail to hand those collected funds to the n Aug. 8, President Donald Trump since backpedaled IRS, the employers are liable to the IRS signed several presidential memo- from these state- for those funds. To encourage compliance Oranda, including a memorandum, ments, ostensibly, and discourage embezzlement, the IRS has which allows employees earning less than because reducing the authority under certain circumstances $104,000 to defer certain payroll tax obli- payroll taxes means to even hold officers of the employers per- gations beginning Sept. 1 through Dec. 31. MARKEY BECICA SHUTE reducing funding to sonally liable for the tax obligations. The purpose of this deferral was to “put PAULINE W. MARKEY is a tax partner at Obermayer Rebmann Maxwell & the Social Security Unless the payroll taxes deferred by money directly in the pockets of American Hippel. She focuses her practice on U.S. federal income tax. She is also the co- program, which is the presidential memorandum are forgiven workers and generate additional incentives chair of the fi rm’s diversity and inclusion committee. generally an unpop- before Dec. 31, employers, on behalf of for work and employment, right when the ular political move. their employees, will be required to pay money is needed most.” However, the only IVO BECICA is a partner in the fi rm’s labor relations and employment law This is especially those taxes to the IRS in a lump sum at the thing Trump has managed to do is create an- department. He focuses his practice on representing employers, including advising true since the presi- end of the year. For an employee earning other headache for employers and a mirage companies on how to handle employee issues, and defending employee claims when dential memoran- $104,000 annually, the deferred tax amount for employees. they are fi led. dum only defers the will be approximately $2,149. If employers The COVID-19 pandemic was declared Social Security tax stop withholding payroll taxes from Sept. a federal disaster by Trump on March CHARLIE L. SHUTE JR. is an attorney in the fi rm’s labor and employment portion of the em- 1 through the end of the year, they may be 13. Under Section 7508A of the Internal department. He focuses his practice on representing management in all aspects of ployees’ portion of stuck holding the bag for the entire tax obli- Revenue Code, the secretary of the Treasury labor and employment law. the payroll tax. gation. Employers could withhold the entire has the authority to defer the payment of Under the deferred amount at the end of the year from tax if a taxpayer is affected by a presiden- memorandum. Only a congressional act can Internal Revenue Code, employees are their employees’ paycheck, but some em- tially declared disaster. This is the same accomplish this. required to pay what are generally referred ployees may not be able to afford the lump authority the secretary invoked to push Recognizing the limits of his execu- to as payroll taxes. Payroll taxes consist of sum payment, or some employees may no back the 2019 income tax fi ling and pay- tive authority, Trump instructed Treasury two different components: Social Security longer be employed at that time. ment deadline from April 15 to July 15 Secretary Steven Mnuchin to “explore av- tax (6.2%) and Medicare tax (1.45%). Employers are left with the difficult earlier this year. Notably, this authority enues” to eliminate the payroll tax obliga- Under current law, even though these pay- task of deciding to either stop or con- does not permit the secretary to forgive the tions. As reported by the media, Trump has roll taxes are the employees’ obligations, tinue to withhold payroll taxes from their payroll tax obligations deferred by Trump’s indicated that if he is reelected as president employers are legally required to withhold Employment Law continues on 8

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well settled that “an alien’s desire to retain travel. Khoshfahm’s mother had to stay in Immigration Law his status as a permanent resident, without Iran to care for the father, and Khoshfahm more, is not suffi cient; his actions must stayed in Iran with his family until 2007. In continued from 5 support his professed intent.” Therefore, it determining whether Khoshfahm’s parents LPR’s visit abroad was temporary in nature. is important for an LPR seeking admission ceased to maintain their continuous uninter- Copyright © 2020. ALM Media, LLC. All Rights Reserved. Further duplication without permission is In Chavez-Ramirez v. INS the court clari- to provide documents to show his intent rupted intent before Khoshfahm turned 18, prohibited U.S.P.O. No. 309260 Published daily, except fi ed the exact meaning of “temporary visit when pursuing the options above. Factors the court found that it is critical to examine Saturdays, Sundays and holidays. abroad” after reviewing decades of sparse Chavez-Ramirez provided that to be consid- if the father failed to purchase a ticket after 1617 JFK Blvd., Suite 1665 Philadelphia, PA 19103 Phone: 215-557-2300 Fax: 215-557-2301 case law on abandonment: ered generally include family ties, property his condition improved. The court eventu- www.thelegalintelligencer.com A permanent resident returns from a holdings and business affi liations in the ally decided the case in Khoshfahm’s favor e-mail: [email protected] [email protected] “temporary visit abroad” only when the United States and abroad. It is also helpful because the government did not meet its Editor-In-Chief, permanent resident’s visit is for “a period to provide relevant documentation if the burden of proof with respect to the father’s Regional Brands & Legal Themes Hank Grezlak relatively short, fi xed by some early event,” LPR initially booked fl ights (or made any failure to purchase a ticket after travel- Managing Editor Zack Needles or the permanent resident’s visit will ter- other documentable efforts) to return to the ing became possible for him. However, Global Director of ALM Events Sales minate upon the occurrence of an event United States at the onset of the COVID- Khoshfahm demonstrates that the timing & Sponsorships Donald Chalphin Senior Director of Sales-West, having a reasonable possibility of occurring 19 outbreak that later got canceled due to of return is also important, and procras- Marketing Solutions Joe Pavone within a relatively short period of time. If travel restrictions. tination may negatively impact the case. Director Of Marketing Solutions, as in, the length of the visit is contingent Last but not least, as more and more Even if one has a strong case now due to ALM East Carlos Curbelo Associate Editor Alexa Woronowicz upon the occurrence of an event and is not countries have now started to ease travel COVID-19-related reasons, an LPR can Copy Editor Aleeza Furman fi xed in time and if the event does not occur restrictions, LPRs overseas should start be found to have abandoned his permanent Magazine & Supplements Editor Kristie Rearick within a relatively short period of time, making plans to come back to the United residence if the trip back to the United Staff Reporters Ellen Bardash the visit will be considered a “temporary States sooner rather than later. Khoshfahm States gets delayed beyond a reasonable P.J. D’Annunzio visit abroad” only if the alien has a con- v. Holder is a case worth examining. In timeframe after the COVID-19 restrictions Max Mitchell tinuous, uninterrupted intention to return Khoshfahm, the LPR (aged 13) traveled are lifted. Erica Silverman to the United States during the entirety of back to Iran with his parents right before The unique challenges for LPRs created Corporate Account Executive Shawn Phillips his visit. See Chavez-Ramirez, 792 F.2d the terrorist attacks of Sept. 11, 2001. by the COVID-19 pandemic are not impos- Key Account Executive Vivian DiStaso at 936-37. The terrorist attacks prevented the fam- sible to overcome. With the right strategy Legal Notices Customer Service Anetra Smith Assistant Listings Editor Diane DeAngelo The big takeaway from Chavez-Ramirez ily from getting a ticket for two or three and forethought, an LPR should be able to is that COVID-19 does not confer blanket months thereafter. In November 2001, Salar re-enter the United States without abandon- protections if an LPR does not possess Khoshfahm’s father was hospitalized due ing their hard-earned green card. It just may continuous uninterrupted intent during his to a heart condition. The condition lasted take a little more effort and paperwork dur- absence. Further, in Singh v. Reno, it is several years and restricted his ability to ing these unprecedented times. • (212) 457-9400 150 East 42 Street, Mezzanine Level New York, NY 10017

not required to defer the payment of the to implement individual changes for each ALM Senior Management Employment Law payroll tax, but has provided no guidance employee quickly. President & CEO Bill Carter to employees. Additional guidance from If the purpose of the payroll tax defer- continued from 7 Chief Content Officer Molly Miller either the Treasury or the IRS is needed ral is to put “money into the hands of employees. On the one hand, stopping for this issue. If it is ultimately deter- Americans” it was poorly thought out. Chief Financial Officer & President/Events Mark Fried withholding would mean much-needed fi- mined that employees control the deci- Without an act of Congress forgiving the President of Information Services Jon DiGiambattista nancial assistance to employees. On the Chief Sales Officer/Paid Content Allan Milloy other hand, continuing to withhold payroll Chief Sales Officer/Marketing Solutions Matthew Weiner taxes would safeguard employees (and the Chief Technology Officer Jimi Li employers) from a large year-end tax liabil- Employers generally rely on administrative programs to Senior Vice President, Human Resources Erin Dziekan ity. Unless the law changes or the secretary of the Treasury provides additional guid- generate payroll and these programs likely do not have Newsroom: 215-557-2486 ance, most employers will likely continue Display advertising: 215-557-2340 to withhold the payroll taxes and either Classified advertising: 347-227-3147 the fl exibility needed to implement individual changes Legal notice advertising: 215-557-2332 remit the funds to the IRS immediately Trial listings: 215-557-2313 or set them aside. This means employers for each employee quickly. Subscriptions/billing/delivery: 877-256-2472 will need to explain to their disappointed (and perhaps angry) employees why they The Legal Intelligencer has been designated by the Court of Common Pleas of Philadelphia County, the Philadelphia Municipal will not see an increase in their paychecks Court, the Commonwealth Court of Pennsylvania, the Superior Court despite the media hype of a “payroll sion to withhold or defer payroll taxes, payroll taxes (which is not expected, espe- of Pennsylvania, the United States District Court for the Eastern tax holiday.” employers may struggle to accommodate cially now that the House and Senate have District of Pennsylvania, and the Bankruptcy Court for the Eastern District of Pennsylvania as the official newspaper for the publication What is also unclear is how much control their employees’ requests. Employers gen- adjourned), Trump’s memorandum has not of all notices in Philadelphia County. employees would have over the decision to erally rely on administrative programs only failed to achieve its purpose, but also continue to withhold or defer payroll taxes. to generate payroll and these programs created another headache for employers in For authorization to photocopy items for internal or personal use, please contact Copyright Clearance Center at: Mnuchin has indicated that employers are likely do not have the flexibility needed the midst of the COVID-19 pandemic. • Phone 978-750-8400 | Website http://www.copyright.com

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Motley Rice’s Fidelma Fitzpatrick, who on trial is reassuring for many,” Fitzpatrick inserted into the fallopian tubes. Side ef- Essure is lead counsel of the plaintiffs’ executive said in a statement. “Women have suffered fects have included hair and tooth loss, committee for the California Joint Council for years not only physically, but also emo- chronic bleeding, miscarriages and death continued from 1 Coordinated Proceedings and helped to tionally and fi nancially from the often enor- of both Essure recipients and their infants. Plaintiffs attorneys from Motley Rice; negotiate the deal, said the proposed settle- mous Essure-related medical bills they face. Bayer took the product off the market in Fibich Leebron Copeland Briggs; Wexler ment would provide expedited relief to We look forward to working through the July 2018. Wallace; and Grant & Eisenhofer primarily thousands of women. details of the settlement terms as quickly as The deal follows the company’s $10.9 negotiated for plaintiffs in the resolution, “While we would have been ready for trial possible to fi nalize the agreement.” billion agreement to resolve claims alleging with DLA Piper largely stepping in for if needed against Bayer, to be able to get As of December 2018, the FDA re- its Roundup weed killer causes cancer. Bayer, according to a spokesperson from the assistance Essure’s victims need while ceived 32,773 medical device reports Alaina Lancaster can be contacted at Motley Rice. avoiding putting their very personal lives related to Essure, a permanent implant [email protected]. •

and New Jersey Chamber of Commerce. agreement, including a link to the document Skuse fi led suit claiming LAD viola- Pﬁ zer André e Laney, legal adviser at EANJ, repre- of frequently asked questions, according to tions, and the defendants, invoking the sented her group. Korr and Laney declined the decision. Federal Arbitration Act and the New Jersey continued from 3 requests for comment. The last page stated: “You understand Arbitration Act, moved to dismiss the com- In reversing the trial court last year, Other amici supported Skuse’s position, that your acknowledgement of this agree- plaint and to compel arbitration. Appellate Division Judges Jack Sabatino, contending that “there must be a meeting of ment is not required for the agreement to be Skuse opposed the motion, contend- Michael Haas and Stephanie Ann Mitterhoff the minds for an agreement to exist before enforced. If you begin or continue working ing that she was not bound by Pfi zer’s took issue with: Pfi zer’s use of emails to enforcement is considered.” for the company 60 days after receipt of agreement, arguing that she was asked disseminate the agreement to employees William Wright of the Wright Law Firm this agreement, even without acknowledg- only to acknowledge, not to assent to, already inundated with emails; its use of a in Stafford Township represented the New ing this agreement, this agreement will the agreement. “training module” or a training “activity” Jersey Association for Justice, and the be effective, and you will be deemed to The court granted certifi cation late last to explain the agreement; and its instruc- National Employment Lawyers Association have consented to, ratifi ed and accepted year. tion that Skuse click her computer screen of New Jersey was represented by Richard this agreement through your acceptance On Tuesday, Patterson wrote, “New to “acknowledge” her obligation to assent Schall of Schall & Barasch in Moorestown, of and/or continued employment with the Jersey contract law recognizes that in cer- to the agreement rather than “agree” to the New Jersey. Company.” tain circumstances, conduct can constitute agreement. Wright said the majority ruling “con- One of the FAQs was: “Do I have to contractual assent,” referring to Skuse’s The case was argued before the court on tinues the gradual erosion of our citizens’ agree to this?” to which the response was, showing up for work way beyond the 60- Feb. 3. constitutional right to a jury trial,” adding “The arbitration agreement is a condition of day threshold. Thomas Linthorst of Morgan, Lewis & that the court “has the opportunity to ad- continued employment with the company. In its ruling, the Appellate Division noted Bockius in Princeton, New Jersey, repre- dress the issue raised in Justice Albin’s If you begin or continue working for the a distinction between this case and Leodori sented Pfi zer. Through a spokeswoman, concurrence, because contracts of adhe- company 60 days after receipt of this agree- from 2003, in which the employer sought Pfi zer issued this statement Tuesday: “We sion that strip New Jerseyans of their con- ment, it will be a contractual agreement that but did not obtain the employee’s physical are pleased with the decision, which refl ects stitutional rights are unconscionable and binds both you and the company.” signature on an “agreement” form. Like that our arbitration program was appropri- contrary to New Jersey’s most fundamental Additional emails followed, including the arbitration agreement in Leodori, the ately implemented and communicated to public policy.” a different link to launch Pfi zer’s module- panel said the arbitration agreement in our employees, consistent with applicable Wright also said he shares Rabner’s “con- based training program, which consisted of this case was not agreed to and was thus legal requirements.” cern that in the future, employers will not four slides. unenforceable. Alan Schorr of Schorr & Associates in ask an employee to agree to settle a dispute The third slide contained language simi- The majority saw it differently. Cherry Hill, New Jersey, represented Skuse. through arbitration, when by this court’s lar to the fi nal page of the agreement; a box “This appeal raises no such consider- “We are disappointed and very concerned ruling, it is enough to simply ask the em- with an arrow pointing upward to that lan- ations,” Patterson wrote. “No form intended that, as Chief Justice Rabner stated in his ployee to acknowledge she received a state- guage instructed the employee to “CLICK to confi rm the employee’s assent was left dissenting opinion, the Supreme Court has ment of company policy and deem consent HERE to acknowledge.” The fourth slide unsigned. now made it much easier for employers to from her continuing to show up for work.” thanked the employee for reviewing the “Instead, the prescribed form of assent force employees to abandon their rights Schall, in an email Wednesday, said: agreement, provided an email address for here was the employee’s decision to remain under the Law Against Discrimination with- “The court has unfortunately given employ- questions, and included a means to exit the employed after the effective date of the ar- out the employee ever actually agreeing ers a free hand to force arbitration agree- “course,” the court said. bitration policy,” and “Pfi zer’s May 5, 2016 to do so,” Schorr said. “This is a serious ments on their employees whether they On June 9, 2016, Pfi zer sent Skuse an email under the agreement states arbitration setback for the workers of New Jersey who agree to them or not. In no other area of email confi rming that she had completed will replace state and federal courts as the have long looked to the Supreme Court for contract law can you have one party decide the “Mutual Arbitration and Class Waiver place where certain employment disputes protection of their civil rights.” for another party that they have agreed to Agreement” training module at 7:33 p.m. are ultimately decided and that arbitrators, Among the amici in support of Pfi zer a contract. Now, the Supreme Court has on that date. rather than judges or juries, would resolve were New Jersey Business & Industry vested in employers a unique power to tell Fast-forward a year later. Pfi zer termi- their disputes.” Association, Commerce and Industry their employees what they have agreed to. nated Skuse’s employment Aug. 11, 2017, The agreement, Patterson added, “com- Association of New Jersey, New Jersey Judge Sabatino at the Appellate Division after she refused to take a vaccine for yel- plied with the court’s mandate in Atalese Chamber of Commerce, Chamber of had gotten it right in his decision, and low fever that was required for corporate that a waiver-of-rights provision clearly Commerce of the United States of America there were no legitimate grounds for the fl ights. Skuse, a practicing Buddhist follow- and unambiguously state that the plaintiff and Employers Association of New Jersey. court to reverse.” ing a strict vegan diet, claimed she couldn’t is ‘waiving her right to sue or go to court to David Kott of McCarter & English in On May 6, 2016, four years after it receive the vaccine based on her religious secure relief.’” Newark represented the NJBIA, Commerce hired Skuse, Pfi zer’s HR department sent beliefs, and because the vaccine contained Suzette Parmley can be contacted at and Industry Association of New Jersey, her an email announcing a new arbitration animal products. [email protected]. •

Garcia in particular was gravely injured. In the answer to the plaintiff’s complaint, The defendants’ lawyer, J. David Zeigler Accident Garcia died before the paramedics reached the defendants issued boilerplate denials of of Dickie, McCamey & Chilcote, also did the scene. liability. not respond to a request for comment. continued from 1 “Zachary suffered a crush injury to the The plaintiff’s attorney, Barry Eichen of P.J. D’Annunzio can be contacted at Overly approached the vehicle and saw right side of his head and suffered a broken Eichen Crutchlow in Edison, New Jersey, 215-557-2315 or [email protected]. that the occupants were distressed and that jaw,” court papers said. did not respond to a request for comment. Follow him on Twitter @PJDannunzioTLI. •

therapies, antibodies, diagnosis and phar- acquisitions and out of court restructurings in early 2019 after serving as co-chair of Lateral maceutical formulations for biotech and life and advised hedge funds, banks and credi- Latham & Watkins’ financial institutions sciences spaces. tor committees in oil and gas bankruptcies and fintech practice groups. continued from 1 Several firms have also hired litiga- and restructurings. Maese has said that the coronavirus pan- McGuireWoods; Gibson, Dunn & Crutcher; tors this past week, including White & In its own energy sector hiring, Mayer demic prompted her decision to join Alston Mayer Brown; and Alston & Bird, among Case, Goldberg Segalla, FisherBroyles Brown brought on Carl von Merz as a part- because of its robust payments practice, others, have all announced new attorney and Gibson Dunn. Matthew Devine joined ner in its corporate and securities practice which complements her work advising cli- hires in the last week. White & Case’s commercial litigation prac- in Houston. The partner, who joined from ents on tech-related transactions and regula- McDermott brought on Michael Siekman tice in Chicago. Devine, who arrived from Bracewell, will head the firm’s U.S. up- tory issues. and Jenny Chen as partners in the firm’s a 16-year stint as a Jenner & Block partner, stream oil and gas group. Demand for new hires also extended intellectual property practice. Based focuses on class action defense, trade se- “Carl is a widely recognized and highly to some employment practices. Seyfarth in Boston, the pair joined the firm from crets and contracts and partnership disputes. respected energy lawyer, who has built a Shaw hired Thomas Posey as a partner in Polsinelli and earlier practiced at Wolf, Gibson Dunn added New York-based robust practice in M&A and private equity its labor and employment department and Greenfield & Sacks. Karin Portlock as of counsel in its white- investments in the energy industry,” said labor-management relations practice group. The pair’s hiring highlights an increased collar defense, investigations and litigation Alex Chequer, leader of the Mayer Brown’s Posey, who will be based in Los Angeles demand for patent prosecution expertise practice. Portlock was an assistant U.S. at- oil and gas group, in a statement. and Chicago, joined from Reed Smith and during the pandemic—a turnaround from torney in the Southern District of New York Multiple other firms have snatched up also practiced at Fagre Baker Daniels, now previous years when firms shed lower- in the last five years. corporate and finance partners recently, Fagre Drinker, and Franczek Radelet. billing-rate patent prosecution groups. The Bryana Blessinger, a Portland, Oregon- including Arnold & Porter Kaye Scholer, Firms are not only hiring lawyers to hiring also reflects the broader need among based insurance coverage litigator, joined which hired Ben Fackler, formerly the head meet client needs. Cozen O’Conner last firms to expand their life sciences practices. Goldberg Segalla’s global insurance ser- of Allen Matkins Leck Gamble Mallory week expanded its government relations “The last few years have shown an in- vices practice in Chicago and Los Angeles & Natsis’ San Francisco M&A group and public affairs capabilities into Western creasing need for breakthrough innovations offices from Portland-based Markowitz as a corporate finance partner based in Pennsylvania by hiring Kevin Kerr as a in the life sciences market,” said Bill Gaede, Herbold. FisherBroyles picked up Delaware San Francisco; and Taylor English Duma, principal to help grow the firm’s presence leader of McDermott’s global IP practice, and New York litigator Carl Neff from Fox which hired Harold “Sonny” Cohen as a in Harrisburg and Philadelphia. Karr was said in a statement. “Patent protection is Rothschild as a partner in its litigation partner in its corporate finance practice previously a public policy and government essential for bringing necessary technol- practice. in Atlanta. affairs leader at Uber. ogy to market, and Michael and Jenny truly Meanwhile, law firms continue to have In addition, Thompson Hine hired two “Recognized as one of the state’s top up- understand what it takes to be a fearless an appetite for restructuring as clients look lawyers to its investment management prac- and-coming government relations profes- client advocate during every stage of the IP for advice in navigating the pandemic and tice—senior counsel Marc Minor, who fo- sionals, [Kerr will] provide comprehensive lifecycle.” recession. cuses on fintech, and member Eric Miller, advocacy and lobbying services to a range Siekman’s practice focuses on patent McGuireWoods last week added James who focuses on broker-dealer regulation of clients,” said Howard Schweitzer, CEO prosecution strategies, life sciences partner- Donnell, a New York- and Houston-based and fund governance—in Columbus, Ohio. of Cozen O’Connor public strategies. “He’s ing and transactions, licensing, post-grant partner in the firm’s restructuring and in- For its part, Alston & Bird hired Vivian the perfect choice to help us plant our flag proceedings and litigation for biotechnol- solvency group. Donnell, who joined from Maese as a New York-based fintech partner in Western Pennsylvania.” ogy and pharmaceutical industry clients. Baker McKenzie in New York, who ad- who arrived from Cadwalader, Wickersham Samantha Stokes can be contacted at Chen’s practice focuses on cell and gene vised clients on distressed mergers and & Taft. Maese had moved to Cadwalader [email protected]. •

responses. Further sessions, two targeted Casey Ryan. “One is any sort of help that management. A recent conversation with Remote at parents of younger children and two for the firm can provide to make difficult things the firm’s managing partner about chal- parents of older children, are scheduled easier. Two, there’s an ask for empathy and lenges presented by the new school year continued from 1 for later in August. The firm also con- understanding from leadership that this is a prompted a reminder from the top about the and staff who face this dual burden. They’re tracted with a retired Centers for Disease difficult situation.” firm’s openness to alternative work arrange- responding with partnerships with orga- Control and Prevention epidemiologist ments, including transitions to part-time nizations devoted to supporting children at the start of the pandemic to deliver GROUPING UP status. and parents, heightened roles for internal podcasts based on common questions, Reed Smith unveiled its new family sup- “If we have those questions, we can parents groups, and—in some cases—a which recently included a discussion of port initiative Wednesday, joining a growing easily give them answers,” said Wilgus, a message that no one should worry about schooling options. list of firms formalizing parents’ groups. parent of 9- and 7-year-olds who has been missing billable-hours targets. Koopersmith said she recently received According to Ryan, the group—a product working from home three days a week for The spring might have been a “sprint,” an email from an attorney at the firm who of discussions between the firm’s associ- the past five years and was promoted to according to Nina Markey, co-chair of the was facing an immediate decision about ates’ committee, women’s initiative and partner at the start of 2020. staffing, independent contractors and con- school, noting that the information garnered board—is an attempt to gather resources in Littler’s parents initiative also predates tingent workers practice group at Littler from the Child Mind Institute and the epi- one place and start a dialogue among par- the pandemic, with a January launch date. Mendelson and parent of two elementary demiologist prompted him and his wife to ents at the firm. The goal is similar: compile resources and schoolers. But “most of the parents now are reverse course. “I want people to know that we have interface with the firm’s leadership. And preparing for a marathon,” she said. “We don’t always know how to make the things like flexible work and resources so Perkins Coie has also used feedback from To that end, firms are looking to line up best decisions, and as lawyers we want to they can work full-time, if they want to,” parents to curate links to services like child resources to make the race more manage- feel that we’re making the best decision we Ryan said. care and tutoring. able, like the organizers who line mara- can,” Koopersmith said. Blank Rome was on the ball with the “When you’re a stressed-out parent trying thon routes with stations for hydration and Firms are also enlisting outside partners timing of its own affinity group for parents, to homeschool your kids, the last thing you carbohydrates. for aid in providing emergency or ongoing which launched in March. Co-chairs Ariel want to do is have to go online and hunt for “One of the things we felt we could offer child care options. Perkins Coie this year Glasner and Lauren Wilgus said the plans resources,” said Perkins Coie chief talent was how to educate people to make wise has twice doubled the number of days of had already been in the works, but the pan- officer Jennifer Bluestein. decisions,” said Akin Gump Strauss Hauer backup child care it offers through Bright demic lent urgency to a program that would & Feld chairperson Kim Koopersmith. Horizons, from 20 to 40 and now 80 over provide support and networking opportuni- ‘JUST TELL US WHAT YOU NEED’ For one source of insights, her firm the course of 2020. Foley & Lardner is of- ties to fellow parents. For many lawyer-parents—particularly has turned to the Child Mind Institute. fering paid memberships for attorneys and The pair have used surveys to solicit those in two-earner households, single par- A recent firmwide “fireside chat” with staff to Care.com, which helps families find, feedback from parents to determine specific ents and those caring for children with spe- founding president Harold Koplewicz manage and pay for child care. challenges and areas of need. They’ve used cial needs—webinars and links on a firm’s generated a number of questions about “We’re getting a consistent ask for two the feedback to develop resources for sup- intranet aren’t nearly enough. parenting challenges that received direct things,” said Reed Smith chief talent officer port and to guide their discussions with firm Remote continues on 11 VOL P. 955 FRIDAY, AUGUST 21, 2020 THE LEGAL INTELLIGENCER • 11

“you don’t need to give us any explana- school-age children. They’re pledging to an impact on everybody’s mental health. Remote tion. Just tell us what you need from us.” be flexible and recognize the exceptional Some people aren’t able to focus.” That could be unusual hours or a part-time nature of 2020. Koopersmith had a similar message. continued from 10 schedule. “We know we can’t judge people simply “I repeat it every time I speak to as- Bluestein said Perkins Coie recognizes “We’re also letting people know that if based on an outlier year around billable sociates and counsel, and in every email I this and is urging lawyers and staff to reach you need a reduced work schedule or a hours,” Bluestein said. “There are some send: ‘Take this off the list of things you’re out with regard to their own capabilities leave of absence, you’re not tanking your people who got COVID themselves, others worried about.’ There’s enough on every- and needs. career,” Bluestein said. with parents with COVID. That’s apart from body’s mind,” she said. “Just be the best “Rather than focusing on accommoda- She and other leaders are aware that parents who are just home taking care of you can.” tions, we’re trying to focus on transpar- billable hours targets are a key source of children. Then there’s been the violence and Dan Packel can be contacted dpackel@ ency,” she said. For associates that means anxiety among associates and counsel with activity around racial justice. That has had alm.com. •

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