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THE OLDEST LAW JOURNAL IN THE UNITED STATES 1843-2020

PHILADELPHIA, WEDNESDAY, NOVEMBER 18, 2020 VOL 262 • NO. 99 $5.00

Blank Rome Nabs Giuliani Alleges Widespread Voter – INSIDE THE LEGAL – REGIONAL New Jury Trials Not ‘Wise’...... 3 Former Co-Chair Fraud in Pa. in Trump Election Suit Chief Judge Janet DiFiore on Monday pointed to New York’s worsening coronavirus figures as Of Jackson Lewis BY P.J. D’ANNUNZIO The hearing she discussed the court system’s decision Of the Legal Staff comes as Trump’s to halt new jury trials and new grand BY JUSTIN HENRY legal challenges in juries. Of the Legal Staff n federal court Tuesday, multiple states have NATIONAL President Donald Trump’s lawyer Rudy been thrown out as A former Jackson Lewis firm co-chair, who Giuliani repeated generalized argu- meritless. Irish Cold Shoulder...... 4 I U.K. lawyers have helped found its class action and complex ments of “widespread voter fraud” in an Giuliani pointed expressed frustration at The litigation practice group, is taking his em- attempt to keep alive the president’s hopes to ’s Law Society of Ireland’s ployment law background to Blank Rome, of overturning his election loss in the state. history of pub- decision to shut out England and Wales as he looks to join a firm with more diversi- Giuliani, in keeping with Trump’s refusal AP photo by John Minchillo lic corruption as GIULIANI solicitors from practising Irish law post- fied practice areas. to acknowledge President-elect Joe Biden’s an indicator that Brexit, unless they work in the country. Employment and class action litigator 2020 electoral victory, asserted that voter the election was stolen. He continued to William J. Anthony last week transitioned fraud was rampant in Pennsylvania. He claim that election observers were not al- IN-HOUSE COUNSEL from his post at labor and employment law also attempted to cast doubt on the valid- lowed to witness vote counting in the Workforce Culture ...... 5 firm Jackson Lewis, where he led the class ity of mail-in balloting and to blame the city, which contributed to what the former The CLO is best positioned to action and complex litigation group and “Democrat machine” cities of Philadelphia mayor of New York said was the allow- advise the board on the scope recently served as co-chair for an 18-month and Pittsburgh. ance of 1.5 million “illegal” votes to be and extent of its workforce stint, to join Blank Rome’s labor and em- “You’d be a fool to think this was an ac- counted statewide. culture oversight duties and its reliance on management in the exercise of those ployment and class action defense groups cident,” Giuliani said to U.S. District Judge The president’s lawyer entered into duties, Michael W. Peregrine writes. as a partner at the New York office. Matthew Brann of the Middle District evidence photos he described as ob- Leaders at the Philadelphia-based Am of Pennsylvania in a Williamsport court- servers standing outside of polling INSIGHT ON DIVERSITY Law 100 firm say they’re looking to draw room. The hearing was held to consider places, one of which was shown with Being Inclusive About Inclusion . . . . . 7 on Anthony’s more than three decades of Pennsylvania Secretary of State Kathy a pair of binoculars. As the items were To ensure maximum buy-in, Blank Rome continues on 10 Boockvar’s motion to dismiss the lawsuit. Giuliani continues on 10 it is imperative to welcome individuals into inclusion efforts without scrutiny as to why they did not become involved earlier, contributor Ex-Employer Accuses Analysts Caution Against Forecasting Brian P. Seaman writes. Littler Lawyers of INDEX Based on Declining 2020 Demand Classified ...... 12 Misappropriating IP Public Notices...... 14 BY ANDREW MALONEY the start of 2013, the last time law firm Legal Listings ...... 15 BY DAN PACKEL The American Lawyer demand dropped by more than 2.5%. The American Lawyer Composite demand numbers declined Legal demand took a dive over the past year-over-year by 5.9% in Q2 and 2.4% The Center for Workplace Compliance, a two quarters, falling by levels that haven’t in Q3, according to the Thomson Reuters member organization that advises employ- been seen since the wake of the Great Peer Monitor Index report. For compari- ers on handling equal employment oppor- Recession. son, demand in the first quarter of 2013 tunity and affirmative action requirements, But experts cautioned against compari- contracted by 3.4% year-over-year. Postal ID on Page 8 has accused employment law powerhouse sons between the middle of this year and Demand continues on 11 Littler continues on 10 www.TheLegalIntelligencer.com Kline & Specter won the 4 largest jury verdicts in Pennsylvania in 2019 : $8 Billion; $120 Million; $80 Million and $41 Million. — /VerdictSearch 2 • THE LEGAL INTELLIGENCER WEDNESDAY, NOVEMBER 18, 2020 VOL P. 2586

institutions and other creditors in work- notice in response to the practical chal- and fi nance department and is practice SPEAKERS outs, reorganizations and restructuring of lenges posed by the pandemic with respect leader of the trusts and estate group. Virginia Hinrichs defaulted credit facilities. to the execution, witnessing and notariza- She has a special focus in estate plan- McMichael, man- She represents a variety of creditors in tion of legal documents. ning and the estate administration of digital aging attorney of all types of bankruptcy, insolvency, collec- Zegel was recognized alongside Karen assets. Appellate Law tion and foreclosure proceedings. Fahrner, of counsel at Heckscher Teillon Zegel handles property transfers, which Group, was the Murphy is a board member of the Terrill & Sager, at the section’s quarterly also overlap and intersect with technology, presenter at a Consumer Bankruptcy Assistance meeting. privacy and accessibility considerations. Continuing Judicial Project and serves on the board of the Zegel was also acknowledged for her Zegel regularly counsels clients on how Education seminar Greater Philadelphia Network of work in estate planning and digital asset to incorporate digital asset planning into for the Philadelphia International Women’s Insolvency and planning. an estate plan or business succession plan. MCMICHAEL Court of Common Restructuring Federation. She was noted as one of the fi rst at- She regularly speaks at conferences, au- Pleas judges. She is a member of the Philadelphia torneys in Philadelphia to work with the thors articles and is a media source on digi- McMichael’s presentation, part of the chapter of the Turnaround Management Register of Wills Offi ce on virtual probate tal assets, cryptocurrency and blockchain. court’s Civil Conversations series, included Association and the Risk Management in Philadelphia County and for co-creating an in-depth analysis of recent state and fed- Association. the Digital Planning Podcast, which ex- eral appellate law decisions in the areas of In addition, she is a graduate of the plores all things digital in connection with ANNOUNCEMENTS election law, medical malpractice, products Young Leaders Program, a nonprofi t board estate planning, business planning and es- The Legal and Pennsylvania Law Weekly liability, personal injury and commercial leadership training program held by the tate administration. are looking for verdicts and settlements to litigation, with a focus on procedural and United Way of Greater Philadelphia and Zegel is also chair of the legislative com- report. evidentiary issues of interest to the judges. Southern . mittee for the probate and trust law section, If you’re a plaintiffs or defense attorney Appellate Law Group is a Women’s Murphy earned her Juris Doctor with which serves as a forum for members to who has obtained a verdict or settlement Business Enterprise National Council- honors from Rutgers Law School. discuss probate, wills, trusts, guardianship in Pennsylvania county or federal court certifi ed woman-owned appellate law bou- and estate law issues. recently, email Zack Needles at zneedles@ tique based in Radnor. Zegel is a partner in Kleinbard’s business .com. • HONORED Kleinbard, a Philadelphia-based law ADDITIONS fi rm, announced that Jennifer Zegel was Stradley Ronon Stevens & Young an- named a 2020 Bar Star by the probate and All potential items for People in the News should be nounced that Julie M. Murphy rejoined trust law section of the Philadelphia Bar the fi rm’s Cherry Hill, New Jersey, offi ce as Association. addressed to Aleeza Furman at The Legal Intelligencer, a partner in the fi nancial services practice The award recognizes Zegel’s assistance group. in assembling materials and being a panel- [email protected] Murphy previously practiced law at the ist on two of the section’s CLE webinar fi rm from 2009 to 2017. presentations. Murphy regularly advises fi nancial The webinars were assembled with short VOL P. 2587 WEDNESDAY, NOVEMBER 18, 2020 THE LEGAL INTELLIGENCER • 3

DiFiore: New Jury Trials Are Not ‘Wise or Prudent’ as COVID Cases Surge

BY RYAN TARINELLI prevent the further spread and resurgence of COVID-19.” DiFiore said they also made the deci- hief Judge Janet DiFiore on Monday sion in light of new restrictions from Gov. pointed to New York’s worsening Andrew Cuomo, who ordered bars, restau- Ccoronavirus figures as she discussed rants and gyms to close on a daily basis at the court system’s decision to halt new jury 10 p.m. Accompanying that restriction was trials and new grand juries. a ban on house gatherings with more than “With Thanksgiving and the year-end 10 people. holidays fast approaching, it would not By many coronavirus metrics, New be wise or prudent for us to continue York’s outbreak is headed in the wrong scheduling jury trials and summoning direction. large numbers of jurors, lawyers, liti- The number of average cases per 100,000 gants and witnesses into our courthouses people is surging statewide and spiking dra- at this time,” DiFiore said in a video state- matically in many parts of New York. The ment Monday. average rate of positive tests is climbing up- The indefinite shutdown of new jury ward too. Plus, the number of people hospi- trials was outlined Nov. 13 in a memo- talized with the virus is on the upswing to randum from Chief Administrative Judge figures not seen in months. Lawrence Marks, marking perhaps the most And, although a far cry from the rav- sweeping curb on in-person proceedings ages of the spring, daily coronavirus deaths since March. Photo by David Handschuh in New York are now consistently in the “No new prospective trial jurors” are New York Chief Judge Janet DiFiore. double figures. being summoned for jury service as of A dozen areas scattered across the state Monday for both criminal and civil matters, DiFiore, in the video, said the moves are outside of New York City have tried 47 are also subject to enhanced restrictions according to Marks’ memorandum. That in response to a number of factors, includ- cases to verdict, she said. from Cuomo as they fight an upturn in cases. goes for new potential grand jurors as well. ing the rising average rate of positive coro- “Our No. 1 priority is the health and Some areas of the state—particularly The document did not specify when new navirus tests. safety of our judges, our professional outside of downstate New York—are fac- jury trials might restart. The court system, she said, is looking staff and the public we serve,” the chief ing their worst coronavirus surges since the Sitting grand juries and ongoing civil and forward to bringing back new grand juries judge said. “We will not put anyone’s pandemic began. criminal jury trials will continue until their and restarting petit jury operations when health and well-being at risk, and we Ryan Tarinelli can be contacted at conclusion, according to the memorandum. it’s safe. Since early September, state courts will do everything in our power to help [email protected]. •

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London Lawyers Frustrated by Irish Cold Shoulder Ahead of Brexit Caltech and Quinn

BY VARSHA PATEL Head to Texas to Law.com International Sue Dell and HP .K. lawyers have expressed frustra- tion at The Law Society of Ireland’s Udecision to shut out England and BY SCOTT GRAHAM Wales solicitors from practising Irish law The Recorder post-Brexit, unless they work in the country. In a move that threatens to jeopardise The U.S. District Court for the Central U.K. fi rms’ Brexit strategy, England and District of California has been very good Wales-based solicitors will no longer be to The California Institute of Technology. granted Irish practising certifi cates, the Law Earlier this year, jurors in U.S. District Society of Ireland said Nov. 11. Judge George Wu’s courtroom awarded U.K. lawyers bemoaned the fact the deci- Caltech a $1.1 billion verdict against sion has come at such a late stage, pointing Apple Inc. and Broadcom Corp. for in- to a waste of time and money as fi rms un- fringement of Caltech’s error-correcting derwent their Brexit planning. code technology. “They could have worked this out maybe Now Caltech and its same Quinn two or three years ago,” a competition consul- Emanuel Urquhart & Sullivan team are tant at a top U.K. fi rm said, “but it’s only now asserting the same patents under the same at the 11th hour that they have said no. theory against HP and Dell in ... the U.S. “It was always an artifi cial route, perhaps District Court for the Western District of slightly too good to be true. But it would’ve Photo by Shutterstock Texas. Wait, what? been much better if this was made clearer London skyline. I reached out to Joseph Abraham, co- much earlier,” he added. author of the Western District of Texas He also argued the Law Society of Ireland to revaluate their Irish offerings, several certifi cate, but the vast majority of that Patent Blog, for thoughts as to why Caltech ought to pay the fees back to these fi rms lawyers said. group have not renewed those this year, and would surrender its home fi eld advantage. who “took out practising certifi cates think- The “logical” solution would be for fi rms the fi rm is not planning a refreshed affront Abraham said the explanation could be ing it was reliable.” to set up in Ireland, the partner at a U.K. to build its presence, according to a person fairly simple. “Caltech might be prioritiz- The Law Society of England & Wales fi rm with an Irish presence said. However, at the fi rm. ing the time-to-trial schedule in Judge said it was disappointed to hear the for- he points to the heated offi ce market and The person added that obtaining a prac- [Alan] Albright’s courtroom, which is nota- mal conclusions via the Law Society of high rents, comparing the rent of their of- tising certifi cate was viewed as “nice to bly faster than the national average. Judge Ireland’s website rather than direct talks. fi ce to New York rates a few years ago as have” but not necessarily vital to servicing Albright has also been aggressive about A person with knowledge of the situation elements which may dissuade fi rms from EU clients post-Brexit. keeping his cases moving forward during said that both parties had been engaging in making any hasty moves. But for fi rms which have already opted the COVID-19 pandemic via use of remote discussions, but the review and fi nal out- The competition consultant agreed that for that, this new measure may usher in a hearings.” come itself was unexpected. Meanwhile, fi rms would need to carefully consider such new era of beefi ng up their services. Pinsent “If HP and Dell know that they’ll be fac- one lawyer said he suspected the European a move, but suggested that “relative to the Masons, Fieldfi sher and Dentons are among ing a jury in Waco in fairly short order— Commission had a part to play, pres- benefi ts a fi rm would get, it’s too expensive fi rms to have set up in Ireland in recent with the C.D. Cal. jury verdict as dam- suring Ireland to put such restrictions to set up there.” years. DLA Piper has continued to expand ages evidence—Caltech may be relying in place. One person with knowledge of the recent in Dublin, doubling its offi ce space in the on that to motivate an early settlement,” “I also think the English law society was talks noted that it is too early to tell how city in September 2019 and making various he said. being a bit too respectful and not as asser- fi rms will react. He argued if fi rms already partner hires since. That makes a lot of sense. But there tive as it needed to be, as they didn’t want have offi ces in Brussels and Frankfurt, for While the new measure will have could be an even more fundamental rea- to insult another professional bar,” he said. example, then they may not consider Dublin rankled many in the U.K. legal indus- son, Abraham notes. Caltech may not have Pressure from local fi rms in the Irish as necessary. try, the former competition partner a strong case for venue in the Central market also had a part to play, according to Numerous U.K. fi rms had increased the concludes that its effects is unlikely to District against Dell and HP. Its hard to a partner at a U.K. fi rm with an Irish pres- number of their solicitors on the Irish roll have a catastrophic impact on how it imagine neither HP nor Dell having any ence. He suggested that perhaps some fi rms and taken out practicing certifi cates, hoping does business. established business or retail presence in were leaning on the Law Society to take to bolster their post-Brexit EU law capabili- “It’s a good way of getting at the U.K. the tech-booming metropolis of 15 million certain measures in an attempt “to control ties in the region. legal profession, but it’s not the end of people. But Lex Machina data indicates the market and who can practice.” Allen & Overy is one of several interna- the world. The U.K. will remain very that nobody has sued the tech giants in tional fi rms to not have a physical presence important.” the Central District since the Supreme Ireland Launches? in the city currently. Last year, 183 of the Varsha Patel can be contacted at vpatel@ Court’s TC Heartland ruling on patent The move will likely force U.K. fi rms fi rm’s solicitors held an Irish practising alm.com. • Caltech continues on 8

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www.TheLegalIntelligencer.com VOL P. 2589 WEDNESDAY, NOVEMBER 18, 2020 THE LEGAL INTELLIGENCER • 5 IN-HOUSE COUNSEL

Workforce Culture Really Is Board’s Responsibility; CLO Has Related Role to Play

BY MICHAEL W. PEREGRINE And that affirmation has emerged in executive leadership’s efforts in this regard Corporate Counsel MICHAEL W. PEREGRINE, the form of new research by the con- are significantly more likely to have a ma- a partner at the law firm of sulting firm Accenture, contained in its ture workforce strategy whose effectiveness he debates are over, the polls are McDermott Will & Emery, October 20 report, Modern Boards: Why is driven by metrics. This insight can be closed and the decision is clear. The advises corporations, officers Workforce Strategy Needs a Seat at the critical to advancing business strategy and board does indeed have a fiduciary and directors on matters Boardroom Table. mitigating risk, and T relating to corporate gover- responsibility for oversight of workforce The report calls on can also help improve nance, fiduciary duties, and culture; it’s not solely the province of boards to “understand retention and culture, officer and director liability management anymore. And that’s a result and accept that fidu- and prepare the work- issues. His views do not The CLO is best that the CLO can comfortably report up the necessarily reflect the views of the firm or its clients. ciary responsibility force for the future. corporate ladder and take an active role as should also include positioned to advise the The Accenture re- board adviser. for culture deficiencies arising from mul- addressing workforce port thus provides the The question of board involvement in tiple failures in corporate ethics, executive challenges and stra- board on the scope and CLO with a legiti- workforce culture matters has been a sub- behavior and workplace environment. There tegic objectives such mate and timely rea- ject of dispute since the concept first arose was a view that, as important as these con- as inclusion and di- extent of its workforce son for reapproaching with the advent of the #MeToo movement cerns were, they were properly the focus versity, health and the leadership team and greater focus on matters of employee of the corporate human resources function. safety, and workforce culture oversight duties about board oversight bias and harassment. In 2017, the National Sorry, CLO, but just stay in your lane; this reduction plans.” In and its reliance on of workforce culture. Association of Corporate Directors issued isn’t a legal concern. other words, board But with that comes a groundbreaking whitepaper that identi- But the tide has begun to turn with engagement in work- management in the the need to demon- fied the oversight of culture as a key board COVID-19 and related concerns about em- force strategy “is no strate why the CLO responsibility, given its inextricable link- ployee health and safety, employee morale longer a choice—it’s exercise of those duties. should be considered age with strategy, CEO selection and risk and the pandemic’s impact on gender work- critical.” a primary adviser to oversight. force equality and inclusion. With this has The Accenture re- the board when it is Yet, while not discounting the legiti- come an increasing acceptance amongst the port notes that raising called to consider macy of the issue, some thoughtful CEOs CEO “electorate” that a positive organi- the accountability of workforce strategy to these oversight issues. For while lead- and governance commentators neverthe- zational culture is a meaningful corporate the level of the board of directors reinforces ership’s first reaction might be that the less pushed back on the suggestion that asset, worthy of board oversight. Yet some to executive leadership that their workforce chief human resources officer should be the the board had a role to play in the support executives still seek a more concrete affir- initiatives and strategies are important, and board’s workforce culture adviser, the CLO and direction of workforce culture. It was a mation of significance before recommend- monitored by the highest levels of corporate should absolutely be part of the process as tough sell, even as many CLOs pointed to ing the topic to the board for its attention; a governance. It further notes that boards well—for many reasons. developments involving corporate exposure provisional ballot, so to speak. who provide such oversight and monitor In-House continues on 8

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LawCatalog.com VOL P. 2591 WEDNESDAY, NOVEMBER 18, 2020 THE LEGAL INTELLIGENCER • 7

Being Inclusive About Inclusion—How to Achieve Buy-In From Your Organization

BY BRIAN P. SEAMAN When I pressed my colleague on why when a junior associate is asked to join Special to the Legal BRIAN P. SEAMAN he believed his contribution was neither a well-established group for lunch, when is chief diversity offi cer welcome nor requested, he presumed that a partner asks a colleague to join a pitch ot too long ago, my fi rm’s diversity and counsel at Stradley he did not have the individual power or team and to perform meaningful work on committee hosted an after-work Ronon Stevens & Young in position to make meaningful change within that project, or when an employee asks her Philadelphia. He can be cocktail party that was simply (but the fi rm. He was also afraid of demonstrat- co-worker about her life experience and N reached at bseaman@strad- accurately) named as an “Inclusion Happy ing his lack of cultural competency. While truly listens, even if for a short period of ley.com or 215-564-8171. Hour.” Our reasons for hosting this event I recognized that both time. All of us can— were entirely transparent—we wanted to of these notions are and must—identify invite all members of the fi rm to join com- valid, I pointed out these moments in our mittee members in their efforts to make diversity and inclusion efforts but felt ei- that these perceptions lives and take indi- Stradley Ronon Stevens & Young a more ther excluded or unsure of how to become should not and cannot To ensure maximum vidual action. The inclusive place and recognize that their involved? How many ignored these invita- stand in the way of buy-in, it is imperative sum of those actions participation and passion are necessary for tions because they were afraid of demon- individual responsi- within a fi rm can be our success. strating their lack of knowledge in these bility for promoting to welcome individuals remarkable. Nonetheless, during the event, an attor- areas? And how many failed to participate inclusion. To ensure maxi- ney pulled me aside and asked whether he simply because they did not think that a Sadly, I have dis- into inclusion eff orts mum buy-in, it is im- was “welcome” at the party. When I pressed more inclusive environment would affect covered over my perative to welcome him on what that meant, he just said, “this their happiness or success? time as the fi rm’s without scrutiny as to individuals into inclu- is a diversity event. I’m not diverse. I’m not These questions led me to scrutinize chief diversity offi cer sion efforts without gay. I’m not a woman. I’m not disabled. I what more we could do to ensure everyone that my colleague’s why they did not become scrutiny as to why think I’m an ally, but I am not exactly sure at Stradley—not just the diversity com- questions and con- involved earlier. they did not become what that means, and I’m not sure whether mittee—was promoting inclusion at the cerns are widely held involved earlier. I should be here.” fi rm. The answer was simple. We needed throughout corporate Often, the failure of I stopped and took a moment to take in to make clear that creating an inclusive America and stand in nondiverse individu- this statement. An intelligent and highly environment is not the sole responsibility the way of meaningful change. Often, indi- als to become involved in diversity and in- empathetic lawyer truly believed that he of fi rm management or the diverse attor- viduals fail to take action to promote inclu- clusion is not because these individuals are was not welcome at an event, the fundamen- neys; it is instead the obligation of each sion because they do not believe they have racists, sexists or bigots. It is instead likely tal characteristic of inclusion. This got me and every individual that makes up the the power to affect the culture of the fi rm. because those individuals never critically thinking—how many other members of the fi rm. Only when the efforts of the collective This is simply wrong. evaluated how their race, gender, sexual fi rm—and the world—felt the same way? and the individual align can meaningful The true impact of inclusion is most often orientation and disability status may have How many wanted to become involved in change occur. felt in individual moments—in a moment Insight on Diversity continues on 8

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Institute of Technology v. Dell. Partners Caltech’s team also contends that Apple Caltech J. Mark Mann and G. Blake Thompson fi led 10 IPR petitions challenging the va- from Mann Tindel Thompson are providing lidity of the asserted patent claims, with continued from 4 local counsel. the PTAB either denying institution in venue. “So it had to go somewhere else— Caltech alleges, as it did in the Apple each or upholding the patentability of the Copyright © 2020. ALM Media, LLC. All Rights Reserved. Further duplication without permission is and then it was just a matter of where,” case, that Low-Density Parity Check encod- asserted claims. prohibited U.S.P.O. No. 309260 Published daily, except Abraham posited. ers fi rst incorporated in the 802.11n Wi-Fi Apple and Broadcom are appeal- Saturdays, Sundays and holidays. Quinn partners James Asperger, standard infringe Caltech-patented technol- ing the $1.1 billion district court judg- 1617 JFK Blvd., Suite 1665 Philadelphia, PA 19103 Phone: 215-557-2300 Fax: 215-557-2301 Kevin Johnson, Todd Briggs and Brian ogy. All HP and Dell products that feature ment to the U.S. Court of Appeals for the www.thelegalintelligencer.com Biddinger are reprising their roles from 802.11n, 801.11ac and 802.11ax versions Federal Circuit. e-mail: [email protected] [email protected] the Apple case in The California Institute of Wi-Fi therefore infringe U.S. Patents Scott Graham can be contacted at Editor-In-Chief, of Technology v. HP and The California 7,116,710 and 7,916,781, Caltech alleges. [email protected]. • Regional Brands & Legal Themes Hank Grezlak Managing Editor Max Mitchell Global Director of ALM Events Sales and principles; the preparation, interpreta- legal. Perhaps corporate compliance, too. & Sponsorships Donald Chalphin Senior Director of Sales-West, In-House tion and enforcement of corporate codes of Yes, it may complicate the administrative Marketing Solutions Joe Pavone ethics and conduct; workplace health and process, increase the paper fl ow, extend Director Of Marketing Solutions, continued from 5 ALM East Carlos Curbelo safety regulations; and developing culture- meetings and require additional intra-lead- Associate Editor Alexa Woronowicz First and foremost is, of course, that the related incentive goals of executive employ- ership team coordination. But the net result Copy Editor Aleeza Furman CLO is the board’s lead adviser on corpo- ment agreements. will be that the board is far better prepared Magazine & Supplements Editor Kristie Rearick rate governance and matters of fi duciary And this is not a new concept. In its 2017 to exercise this new fi duciary obligation. Staff Reporters Ellen Bardash duty. The CLO is best positioned to advise report, the NACD referenced the value of There’s really no reason for a recount P.J. D’Annunzio the board on the scope and extent of its having the CLO (and other offi cers) “well here; no need to question the validity of the Corporate Account Executive Shawn Phillips workforce culture oversight duties and its positioned within management and in rela- process. The new Accenture report provides Key Account Executive Vivian DiStaso reliance on management in the exercise of tionship to the board to support an appropri- much welcomed affi rmation of the prin- Legal Notices Customer Service Anetra Smith those duties. ate culture.” ciples that workforce culture is a valuable Assistant Listings Editor Diane DeAngelo An additional reason is that the CLO is This is not to suggest that the CHRO or corporate asset; that it’s the board’s respon- well positioned to advise the board on the similar offi cer should be excluded from sibility to exercise related oversight; and various legal implications of workforce these conversations. Rather, it is to empha- that it should have the input of the CLO, as culture; e.g., application of labor and em- size that board workforce culture oversight well as the CHRO, when it does so. (212) 457-9400 ployment laws; liability exposure from em- requires the support of at least two different This article fi rst appeared in Corporate 150 East 42 Street, Mezzanine Level ployee claims; application of diversity laws executive functions: human resources and Counsel, an ALM affi liate. • New York, NY 10017

ALM Senior Management CEO Bill Carter can build inclusion into the DNA of will face reprimand for speaking up in these President, Information Services Jon DiGiambattista Insight on Diversity your fi rm: situations. President, Events and CFO Mark Fried First, make it a requirement that all de- Third, recognize contributions to inclu- continued from 7 President, Marketing Services Matthew Weiner partment, administrative and practice group sion when considering compensation or ad- Sr. VP, Human Resources Erin Dzieken affected their lives and successes, either meetings actively embrace diversity and vancement. While every fi rm would prefer Chief Technology Officer Jimi Li positively or negatively. These individuals inclusion. This can take the form of includ- that all of their members actively engage Chief Content Officer Molly Miller did not become involved because these ef- ing an agenda item at every meeting where in diversity and inclusion efforts volun- Chief Sales Officer, Paid Content Allan Milloy forts did not directly affect them. However, a member of your diversity group reports tarily, there will always be those who ask VP and GM, Legal Media Richard Caruso instead of critiquing past inaction, fi rms on the status of the fi rm’s efforts or leads why they should or need to participate. VP, Legal Media Sales Keith Edwards should welcome them now and retain and a discussion on a specifi c diversity topic. It To provide that incentive and indicate that VP, ALM Legal Intelligence Patrick Fuller support their passion for becoming an ally can involve setting ground rules to ensure diversity and inclusion contributions will of inclusion. that the conversation is not dominated by be considered in the same way that market- Newsroom: 215-557-2486 Display advertising: 215-557-2340 Conversely, firms must respect and any one individual (or group of individuals) ing efforts, pro bono hours or mentorship Classified advertising: 347-227-3147 recognize that certain individuals may and that interruptions are not tolerated. Or contributions are considered. And be sure Legal notice advertising: 215-557-2332 choose to opt out of inclusion efforts. it may involve merely reviewing the invited to provide an opportunity in self-evaluation Trial listings: 215-557-2313 Subscriptions/billing/delivery: 877-256-2472 This is especially true of underrepre- participants at each meeting to ensure that forms for attorneys to describe the specifi c sented and diverse individuals who may the group is diverse. efforts they have made to promote inclu- The Legal Intelligencer has been designated by the Court of feel like the burden of these efforts has Second, embolden members of your fi rm sion at the fi rm. Sometimes simply asking Common Pleas of Philadelphia County, the Philadelphia Municipal been placed squarely on them or who to speak up and take action when they the question year after year will encourage Court, the Commonwealth Court of Pennsylvania, the Superior Court may feel a responsibility to champion is- witness anti-inclusive behavior. I always participation. of Pennsylvania, the United States District Court for the Eastern District of Pennsylvania, and the Bankruptcy Court for the Eastern sues they are not passionate about. Firms recommend the three Cs—Cut in and stop So back to my colleague, the one who District of Pennsylvania as the official newspaper for the publication must create environments where oppor- the behavior, Challenge the speaker (either questioned whether he belonged at an inclu- of all notices in Philadelphia County. tunities exist and where everyone under- immediately or in private), and Comfort sion event—I now speak with him almost For authorization to photocopy items for internal or personal use, stands their individual role in creating an the affected individual. Not all of these op- every week about diversity issues. He is a please contact Copyright Clearance Center at: inclusive workplace. tions fi t every situation, but every situation vocal proponent of inclusion. He takes per- Phone 978-750-8400 | Website http://www.copyright.com One of the most effective ways requires action on the part of witnesses. It sonal responsibility for making the fi rm a For customized reprints and any additional questions, to achieve buy-in from all members of is not enough for a member of your fi rm to place where everyone is treated with respect please contact: Syndia J. Torres-Peña, Director your organization is to be strategic about refrain from using anti-inclusive language; and has an equal opportunity to succeed. He Phone 877-257-3382 | Email [email protected] changing fi rm habits and culture since that individual must speak up in any in- is completely bought in. And I have a feel- The Legal Intelligencer assumes no responsibility for failure to the importance of participation is hard stance where that language is used. It is also ing he will be the fi rst to RSVP to the next report any matter inadvertently omitted or withheld from it. to ignore. Here are three techniques that crucial as a fi rm to communicate that no one Inclusion Happy Hour. • Member of Pennsylvania Newspapers Association and American Court and Commercial Newspapers. Hand-delivery customers must notify the circulation department of non-delivery before 10 a.m. to guarantee same-day delivery. Periodicals postage paid at Philadelphia, PA.

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Pennsylvania Commercial Litigation Harry F. Kunselman - Strassburger McKenna Gutnick & Gefsky

Pennsylvania Commercial Litigation is an important resource for the general practitioner that addresses procedural and substantive issues encountered in commercial litigation. This book gives a concise overview of commercial litigation, providing detailed research and analysis, and is intended to guide the reader through every stage of a commercial dispute.

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years—defending multiparty actions against “I think companies are facing a lot of dif- Anthony is also credited with launch- Blank Rome companies, especially in the employment ferent but interrelated issues right now due ing and spearheading Jackson Lewis’ and wage space—to continue as his primary to an evolving legal landscape, and the abil- class actions and complex litigation continued from 1 focus, with the added ability at Blank Rome ity to answer for them questions that crop group in 2006 and growing it into one experience in representing employers, as to offer clients “broader advice and exper- up in a variety of areas was very attractive of the largest class action practices in the firm expects a “spike in litigation” as a tise in issues that crop up over the course of to me and I think will best serve clients and the country. result of the challenges that 2020 has pre- employment class action.” companies that I’ve worked for over the “We needed to beef up our class action sented to companies. “Blank Rome has tremendous experience years,” Anthony said. capabilities so the firm asked me to lead that “The U.S. workforce is living through and will be very helpful to my practice and Anthony, who said his first day at effort,” Anthony said, in reference to his a time of crisis and uncertainty due to the the ability to offer my clients the broader Blank Rome was Nov. 13 and within the work on building that practice at Jackson implications of the COVID-19 pandemic,” range of services,” Anthony said. “For ex- same week of his last day at Jackson Lewis. “We did a very nice job of convey- Jason E. Reisman, partner and co-chair of ample, there’s a lot of questions right now Lewis, said it’s too early to comment on ing to companies that the expertise in em- the labor and employment group at Blank regarding structuring, bankruptcy and in- whether his clients will follow him to his ployment law, coupled with the geographic Rome, said in a statement Monday. “We surance recovery; Blank Rome affords me new practice. platform, was a good fit to handle the cases look forward to drawing on Will’s impres- the ability to tell clients that we can be a During his 31 years at Jackson Lewis, that we were seeing.” sive litigation talent and experience, as well one-stop shop for those kinds of issues.” Anthony’s tenure included serving in high- A spokesperson for Jackson Lewis, as his ability to inspire and drive teams, For Anthony, the prospect of servicing level leadership roles, including firm co- reached Monday for comment on Anthony’s to help deliver positive outcomes for our clients with a wide variety of issues that chair from January 2019 to June 2020, departure, said in a statement “the firm clients.” arise in the labor and employment space board member from 2005 to 2020 and the wishes Will the best.” In an interview Monday, Anthony was a significant draw to Blank Rome, Harford, Connecticut, office managing prin- Justin Henry can be contacted at said he expects his work for the last 16 he said. cipal from 2000 to 2008. [email protected]. •

accord with state law in its handling of elec- mail doesn’t mean that the plaintiffs’ right to equal protection violations just don’t,” Giuliani tion observers. to vote was impeded. he said. Then came the defendants’ turn. Attorney Attorney Mark Aronchick, who repre- Aronchick also took issue with Giuliani’s continued from 1 Daniel Donovan, who represented the sec- sented several counties’ boards of election comparison of trying Trump’s voter fraud admitted, Giuliani urged the judge to bear retary of state, argued that the Trump cam- in the case, criticized Giuliani’s assertion case—laden with remarks about corruption with him. paign had no standing to bring its claims in that ballot drop boxes were susceptible to in Democratic jurisdictions—to prosecuting “I used to be a clerk. I hope I’m doing federal court. The plaintiffs claimed that the fraud, and implied that Trump’s lawyers the Mafia in New York. this right,” he said. “In case I need a job alleged voter fraud abridged the plaintiffs’ had acknowledged the plaintiffs’ case to be “This is just disgraceful,” Aronchick said, after this.” right to vote, in violation under the equal weak by recently removing several claims adding, “Please dismiss this case.” During a break in the hearing due to tech- protection clause of the 14th Amendment. from the lawsuit. P.J. D’Annunzio can be contacted at nical difficulties, the Pennsylvania Supreme Donovan said the fact that Pennsylvania “The kinds of claims Mr. Giuliani is ped- 215-557-2315 or [email protected]. Court ruled 5-2 that Philadelphia acted in counties made it easier for people to vote by dling today [claiming] that they amount Follow him on Twitter @PJDannunzioTLI. •

least in November 2018, Defendant Littler’s and requested the client’s updated password to identify or stop the pair’s alleged Littler servers were used to unlawfully obtain multiple times after it was changed, accord- behavior. CWC Members-Only Site materials ap- ing to the suit. “Defendant Littler failed to implement continued from 1 proximately four hundred forty-two (442) Gibbons and Gokturk then allegedly used appropriate controls and reasonable safe- Littler Mendelson and two of its attorneys of times,” the CWC said in the complaint. these materials to prepare their own presen- guards including best practices for employ- improperly accessing its website and misap- The organization said that since it was tations for clients, removing CWC copy- ers to avoid the recurring and voluminous propriating its intellectual property. founded in 1976, it has specifically ex- right notices and substituting Littler’s own misappropriation of intellectual property of The CWC lined up Morgan, Lewis & cluded law firms and consulting firms from copyright notice. CWC by defendant Gibbons and defendant Bockius, which itself has a formidable labor membership, in order to prevent these out- “Littler values and respects intellectual Gokturk, along with possibly other employ- and employment practice, for the 80-page fits from accessing its proprietary informa- property rights, and we expect our attorneys ees, over a substantial period of time,” the complaint filed in Virginia federal court tion and to allow member employers to to do the same,” a firm spokeswoman said complaint said. Nov. 13. In the filing, the organization ze- engage in candid and open discussion of Monday. “The firm had no knowledge at Altogether, the organization alleged roed in on the actions of two attorneys who workplace compliance and risk manage- the time of the alleged actions. As soon as two counts of copyright infringement, two previously worked for the organization. ment issues. we were made aware of the situation, we counts of violating the Computer Fraud The group alleged that Littler shareholder It alleged that both Gibbons, who was initiated an investigation and took immedi- and Abuse Act, one count of fraud and one Lance Gibbons, who previously served as a Littler shareholder before joining CWC ate action based on our findings. As this count of alternation of copyright manage- CWC’s assistant general counsel, and Littler in 2015, and Gokturk were both aware is an ongoing litigation matter, we cannot ment information. principal Chris Gokturk, who worked as of these restrictions when they arrived at provide any further comment.” The organization tapped Morgan Lewis CWC’s senior adviser for compliance solu- Littler in the summer of 2018 and winter of A review of Littler’s website shows trademark and copyright litigation prac- tions, were well aware that law firms were 2019, respectively. The lawyers are based in Gibbons is no longer listed as an attor- tice co-leader J. Kevin Fee and litigation among the groups barred from accessing its Washington, D.C., and Virginia. ney there while Gokturk remains on the partner Mark Krotoski to lead the lawsuit. materials, but they did so anyway, using the Nonetheless, Gibbons allegedly told a site. Gibbons’ voicemail response in- Fee declined to comment on the suit when firm’s computer resources. Littler client and CWC member that he dicated that he was no longer with the reached Monday. “The scale and scope of this unlawful needed access to the client’s CWC pass- firm. Gokturk declined to comment on This suit was first identified through Law. conduct from the Littler IP address was word to access one particular CWC memo- the allegations, referring a reporter to a com Radar. extraordinary. Over the course of approxi- randum. Instead, Gibbons gained access to a firm spokesperson.” Dan Packel can be contacted dpackel@ mately seventeen (17) months beginning at significant number of materials over months CWC alleges Littler didn’t do enough alm.com. •

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international markets, measuring drivers closer to what we would consider ‘normal’ bad for airlines and hospitality businesses, Demand of law firm profitability, including de- demand fluctuations.” for example, technology companies and mand, rates, productivity and expenses. The peer monitor report also noted that grocery chains are booming, and “from the continued from 1 On that overall measure, it gave the in- with many firms cutting costs and scal- law firm perspective, it’s created work in a However, the peaks and valleys in year- dustry a score of 58 for the third quarter, ing back hiring, they are “lucratively po- lot of those sectors,” she said. over-year figures can sometimes be more up seven points from Q2 of 2020. That sitioned as year-end approaches.” Josten Bruce MacEwen, president of Adam noise than signal, legal industry consultants index score was 50 during the first quarter said in an interview that although de- Smith Esq., noted there were fears said, and the Great Recession that charac- of 2013, when demand showed a 3.4% mand is still down from where it was in early to mid-2013 of rate increases terized the early 2010s was a fundamentally year-over-year decline. in 2019, it did increase between Q2 from the Federal Reserve, which can different type of calamity than the COVID- Both time periods were typified by eco- and Q3, which is encouraging for law “dampen demand and tend to slow the 19 pandemic. nomic concern. But that could be where the firm leaders. economy down.” “The fact pattern of this one is so dif- similarities end. “It’s a situation where less bad is good,” The continued spread of COVID-19, as ferent than prior ones that I’m just not “The market has simply never experi- he said. well as preelection uncertainty, could be sure how many lessons we can take from enced anything like the unique challenges Smith, of Fairfax, also said trends within the root of the contraction in demand during prior downturns,” said Lisa Smith, principal of 2020,” said Bill Josten, manager of en- a given year are sometimes a more helpful the middle part of 2020, MacEwen said in at Fairfax Associates. “[Previously], there terprise content for Thomson Reuters, in an indicator about the market’s health, as the an email. But, he added, it’s also difficult to were market crashes and shareholder suits. email this week. comparisons between different quarters of extrapolate law firm performance from indi- It’s just a very different environment in “While 2013 was the last time the mar- different years can “over-amplify uneven vidual quarters of data, especially as many terms of what’s going to create demand for ket saw a quarterly drop in demand simi- patterns.” firms have billing cycles that go longer than law firms.” lar to that recently seen in Q3 2020, the She added that one of the differences three months. The peer monitor index, released circumstances were vastly different,” he between 2020 and 2013 is that heading into “I’d say sit tight another quarter and see last week, is a composite score created said. “In 2013, the market had somewhat the pandemic-induced recession, the fun- what happens,” he said. with data collected from 160 major law choppy demand throughout the year that, damentals of the market “were pretty darn Andrew Maloney can be contacted at firms in the United States and some even though there were fluctuations, were strong.” Although 2020 has been especially [email protected]. •

Pennsylvania Products Liability By Bradley D. Remick - Marshall Dennehey Warner Coleman & Goggin

Pennsylvania Products Liability provides an authoritative and comprehensive review of Pennsylvania product liability law, an area of law that has undergone dramatic changes in recent years. This book is updated to include current Tincher case law and provides thorough analysis of the essential concepts and the new standard set out by the Pennsylvania Supreme Court.

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