Strategies Wearable Tech; Growth of Smart Garments Sparks Suits of the Non-Apparel Variety — Lawsuits
March/April 2015 — Textile Insight
Washington, D.C.-based counsel and member of the firm’s Intellectual Property Group, Lisa A. Adelson, speaks with Textile Insight about a recent case in which a wearable technology company filed several complaints in the United States District Court for the Northern District of Georgia for patent infringement of wearable technology. While Adelson is not involved in the case, she notes that for brands interested in smart apparel, it is important to scan the market for similarities. "Just like in inventions historically, if this is your specialty you sort of know the state of the art. If you think you are close [to another product], you need to get legal advice," said Adelson.
McDonald's Attorney Says Company is Victim of Union Attack on Brand
March 30, 2015 — Wall Street Journal
Washington, D.C.-based counsel and member of the firm's Labor & Employment Group, Christopher Calsyn, contributes his knowledge to the Wall Street Journal article that explores the issue as to whether or not companies like McDonald's share responsibility for the actions of their franchisees, particularly regarding complaints about low wages paid to fast-food workers. Calsyn provides that traditionally a parent company would need to have direct and immediate control over personnel matters like hiring and firing, but this case could decide whether the franchiser has sufficient control over employees to be considered a joint employer.
4 Tips for Negotiating IRS Advance Pricing Agreements
March 27, 2015 — Law360
Washington, D.C.-based partner and member of the firm's Tax Group, David J. Fischer, talks with Law360 about the expert tips and best practices taxpayers should keep in mind when negotiating an advance pricing agreement (APA)."You have to think about the likelihood of succeeding with an APA and whether you're willing to take a somewhat less aggressive position. Most APAs involve transactions with affiliates in jurisdictions with tax rates similar to the U.S. rate, so the IRS's tendency to push of the results toward the middle has less impact on the overall effective tax rate," said Fischer.
Big Law on Notice after Judge Scolds Firms for Bad Writing
March 27, 2015 — Law360
Edwin M. Baum, managing partner in Crowell & Moring’s New York office and member of the firm's Litigation Group, speaks with Law360 about a New York federal judge’s recent rebuke of two Big Law firms over pleadings the judge found overly long and redundant, which experts say can lead to risking an entire case by not keeping pleadings short and sweet. Baum points out that not only are gargantuan filings burdensome for all involved, but having more pages also means more opportunities for an attorney to make a mistake. "One risk in unduly lengthy pleadings that include extraneous matters is that there is a greater chance the lawyer will get something wrong, or include something they may have thought was an accurate statement but is not," said Baum.
California's Antitrust Bar
March 2015 — Global Competition Review
Crowell & Moring's California Antitrust Group is noted as "highly recommended" in the state, in a special feature published in Global Competition Review that explores the law firms doing the best antitrust work in California. The article notes that Crowell & Moring's California antitrust practice is "one of the most remarkable in the state… [that] has found its niche splitting its time between defense and plaintiffs matters, leading for major opt-out clients in some of the top antitrust litigation matters in the country."
Ninth Circuit OK's Appeal in Superfund Case; Liability for Air Pollutant 'Disposal' at Issue
March 27, 2015 — Bloomberg BNA
Washington, D.C.-based partner and member of the firm's Environment & Natural Resources Group, Daniel W. Wolff, talks with Bloomberg BNA about the Ninth Circuit's decision to hear a case that may decide whether airborne pollutants transmitted from a smelter to a Superfund site constitute an actionable disposal for which the smelter owner is liable as an arranger. Wolff remarked that, "It's a frightening construct if you're advising a client, but my sense is that the Ninth Circuit will agree with the district court's interpretation, because it isn't an arbitrary one."
Get to Know Crowell & Moring’s New Chair: Angela Styles
March 20, 2015 — Bisnow
Newly elected Crowell & Moring chair and Washington, D.C.-based partner and co-chair of the firm's Government Contracts Group, Angela B. Styles, caught up with Bisnow on her fourth day on the job. She discusses a wide array of topics ranging from her background in government to her vision for the future of the firm. When speaking about the growth of the firm, Styles stated that "[firm growth has] been very much a key to our success," and the firm will have a continued focus on growing smartly during her tenure as chair.
A Learned Career: Crowell & Moring Alumni at Universities
March 2015 — Crowell Connect (Alumni Newsletter)
At universities across America, more than 30 Crowell & Moring alumni make their careers as in-house counsel or faculty. Among them are Beth Nolan, senior vice president and general counsel at George Washington University, Karen Petrulakis, chief deputy general counsel at University of California, and David Florin, deputy general counsel for health affairs at Yale University. And just this December, alumna Ramona Romero assumed the role of Princeton University's general counsel. All serve in key leadership positions and help their universities tackle issues ranging from cutting-edge research and intellectual property licensing to Title IX concerns and academic freedom." In the March edition of Crowell Connect, they and other C&M alumni discuss their memories of the firm and what it's like to work in higher education.
Women in Investigations 2015
March 2015 — Global Investigations Review
Los Angeles-based White Collar & Regulatory Enforcement Group partner, Janet Levine, is featured as one of Global Investigations Review's 2015 Women in Investigations. This spotlight story highlights women from all over the globe that are making waves in the high-powered field of investigations. Levine touches on what she likes most about her role as chair of the firm's trial practice stating, "In investigations, sometimes discovering that things aren't as bad as feared and other times helping clients solve today's problems and prevent tomorrow's."
Attorneys React to High Court’s Agency Rule-Making Decision
March 9, 2015 — Law360
Crowell & Moring's Washington, D.C.-based partner, Daniel W. Wolff, comments in coverage of the Perez v. Mortgage Bankers Association case in which the U.S. Supreme Court sided with the U.S. Labor Department, ruling that federal agencies don't have to go through formal rule-making to make significant changes to rules interpreting regulations. Wolff's views on this case also were featured in additional news outlets, including BNA.
DOL Wins Rule-Making Battle, But Deference Rift Lingers
March 9, 2015 — Law360
Washington, D.C.-based partner and member of the firm’s Labor & Employment Group, Tom P. Gies, comments on a U.S. Supreme Court decision that states the Department of Labor and other agencies don't need notice-and-comment rule-making to change interpretive regulations. The decision underscores a split among the justices on precedent requiring judicial deference to agencies' interpretations of their own rules.
Supreme Court Weighs Review of Army Corps' Jurisdiction Decisions
March 5, 2015 — Greenwire/E&E News
This article covers Kent Recycling Services LLC v. Army Corps of Engineers, a high-profile case which questions whether a corps jurisdictional determination for a wetland qualifies for judicial review. Crowell & Moring's Washington, D.C.-based partner, Richard E. Schwartz, focuses on the Clean Water Act and stresses the potential outcome of this decision. "It imposes a lot of hardship on the people trying to develop land because if they go ahead, they do so at their own peril," adding, "The consequences are incredibly significant, and there should be judicial review."
FTC, Private Sector Lock Horns Over Consumer Data Protection
February 25, 2015 — E-Commerce Times
@Work Advice: When Your Company Plays Fast and Loose with Your Retirement Savings
February 20, 2015 — The Washington Post Magazine
Crowell & Moring's Washington, D.C.-based counsel and member of the firm's ERISA & Employee Benefits Group, Joel D. Wood addresses a question regarding concerns over employee-sponsored retirement plans for the weekly Washington Post Magazine column focused on wide-ranging questions affecting the workplace. This particular column featured inquires about legal issues related to retirement savings in the workplace.
Partner Path Foggy As More Women Join Staff Atty Ranks
February 18, 2015 — Law360
Crowell & Moring managing partner Ellen M. Dwyer discusses the rise in alternative career tracks and nontraditional firm roles that are increasingly being filled by female lawyers. Dwyer views these roles, such as, firm professional, counsel, specialist, and staff attorney, as positive for the professional, as well as the individual lawyer looking for job trajectories that don’t necessarily hinge on promotion to equality partnership. "The challenge for law firms is to create interesting, fulfilling opportunities for men and women ... and then invest in talent and work on an individual basis to retain the best lawyers we have," she said.
Indian Guest Workers Win $14M in U.S. Signal Trafficking Case
February 18, 2015 — Law360
The firm’s representation of five Indian guest workers resulted in a successful $14.1 million win in a trafficking case against Signal International LLC. The suit was filed in 2008, charging that Signal used the federal government's H-2B guest-worker program to recruit Indians to work as welders and pipefitters at its facilities in Pascagoula, Mississippi, and Orange, Texas. New York-based attorneys, Alan Howard, Hugh Sandler, Amal Bouhabib, and Chiemi Suzuki, represented the five workers in this case. "The defendants exploited our clients, put their own profits over the lives of these honorable workers, and tried to deny them their day in court," Howard explains. "But they persevered and after seven long years have received the justice they so well deserve." This closely watched case was covered by a wide range of domestic and international legal and mainstream media outlets including, Law360, The New York Times, and The Times-Picayune.
Top Verdicts: U.S. ex. rel. Hopper v. Lockheed Martin Corp.
February 18, 2015 — Daily Journal
Los Angeles-based attorneys, Mark R. Troy, Jeffrey H. Rutherford, and Mana Elihu Lombardo were recognized for one of the Daily Journal's top verdicts of 2014 for their representation of Lockheed Martin in the U.S. ex. rel. Hopper v. Lockheed Martin Corp. case. After a six-day trial in the U.S. District Court for the Central District of California in Los Angeles, a jury unanimously found in favor of Lockheed Martin Corporation in a lawsuit filed under the qui tam provisions of the civil False Claims Act.
Keystone Pipeline Likely Has Life After Veto
February 11, 2015 — Law360
Washington, D.C.-based senior counsel in the firm's Environment & Natural Resources Group, Robert Meyers, talks with Law360 regarding Congress’ approval of the Keystone XL pipeline, which is likely going to be vetoed by President Obama. With a veto looming, Meyers offers that Congress may look at other areas, such as transmission siting and grid reliability, that don’t have the political history of Keystone and could have some reasonable prospect of success in 2015. “I imagine the House will reach out in a bipartisan manner on the type of economic issues where you can get that, as opposed to those that boil down to environmental issues,” Meyers said.
Crowell Reaps Benefits of Cost Management Technology, Sees 11% PPP Growth
February 10, 2015 — National Law Journal
The National Law Journal speaks with Crowell & Moring chairman and Washington, D.C.-based partner, Kent A. Gardiner, about the growth and progression the firm has made in 2014. By investing in technological advances and an industrywide recovery, Crowell & Moring reported increases in almost all of the firm's financial metrics last year. "It's partly about us and partly about the industry," said Gardiner. "We seem to be discernibly getting past the recession. We’re not in some big bounce or big rebound, but there’s solid growth at the top of the legal market." In addition to the aforementioned advancements, the firm's legal project management program, which relies on fee plans other than the billable hour, continues to help the firm retain current clients and attract new ones as well.
Crowell Bets on Belgian Experience
February 10, 2015 — Commercial Dispute Resolution
Crowell & Moring's Brussels office is featured in an article highlighting recent partner and senior counsel appointments, as well as an overview of the practice strengths of those individuals and the office as a whole. Brussels partner and office head, Kristof Roox, praises his colleagues, saying, "Jan-Diederik [Lindeman]'s promotion and the addition of Geert [Bogaert] reinforces the strength and breadth of experience that our Brussels office offers and demonstrates our continued investment" in staff appointments. The piece also focuses on the key aspects of the Brussels office, in particular the advising and litigating experience in EU and Belgian Law, intellectual property, pharmaceuticals, and life sciences.
10 Tricky Questions To Test Your Employment Law
February 9, 2015 — Law360
Washington, D.C.-based Labor & Employment Group partner, Thomas P. Gies, is quoted in a Law360 article which touches on the diverse areas of employment law. When asked about whether or not the nation can have a “zero tolerance” policy for employee marijuana use, Gies explains, “It’s a real dilemma, and I’m getting a lot of questions about that.” Simply put, the fact that marijuana remains illegal at the federal level generally puts the law on the employer’s side.
Details of Defense Department Legislative Proposals Released
February 6, 2015 — BNA
Washington, D.C.-based Government Contracts Group co-chair, Angela B. Styles, speaks to BNA about the Department of Defense (DOD) releasing details of several legislative proposals it will make to Congress for inclusion in the fiscal year National Defense Authorization Act. The proposals, also known as the Legislative Initiative, are part of the Better Buying Power program to improve acquisition. "If you are an acquisition reform advocate, you are thinking of reform of regulations for companies,” said Styles, “That is not what you are seeing here.” Styles also notes that if the proposals make it into law, they will likely help the DOD save resources.
EU Begins State Aid Investigation of Belgian Excess Profits Ruling
February 3, 2015 — Tax Analysts
Brussels-based partner, Dr. Salomé Cisnal de Ugarte, comments on the European Commission’s recent announcement that is has opened an in-depth investigation into Belgian tax rulings that allowed multinational companies to reduce their Belgian taxes by claiming a deduction for excess profits that purportedly result from the "advantage" of being part of a multinational group. Cisnal de Ugarte says the commission’s focus on Belgium isn’t surprising, especially given the low effective tax rates that some multinational companies enjoy. “They often give very favorable tax treatment in Belgium,” said Cisnal de Ugarte, “but it's too early to say whether [the program] is selective.”
Trafficking Rule Raises Subcontractor Monitoring Concerns
January 28, 2015 — Law360
Washington, D.C.-based Government Contacts Group partner, Peter Eyre, talks to Law360 regarding a final rule that will tighten restrictions on human trafficking in government contracting. Under its requirements, all contractors must disclose working conditions to employees, are barred from confiscating passports or other immigration documents, must ensure that workers aren't being charged any recruitment fees, and must provide the worker with return transportation for non-nationals. "I think another big question is: 'Who pays for this?'" Eyre said. "There are some very specific obligations, both the compliance plan ... and others. But who is going to pay for that?"
Drone Law Practices Are Beginning to Take Flight
January 26, 2015 — National Law Journal
Crowell & Moring's Unmanned Aircraft Systems (UAS) practice is recognized as one of the firms in Washington, D.C. with a drone-focused practice group, a quickly growing niche in the regulatory arena. In this realm, the firms advise on new FAA regulations and fines on drone usage from commercial entities to individuals, and client compliance with existing policies. Learn more about the firm's UAS practice by clicking here.
At Some D.C. Firms, More Women than Men Make Partner
January 19, 2015 — National Law Journal
Crowell & Moring managing partner Ellen M. Dwyer is quoted in a National Law Journal article highlighting the trend that women accounted for half or more of new partners at eight of the largest firms in Washington, D.C. This year, three of Crowell & Moring's six attorneys that were promoted to partnership were women, which Dwyer attributes to the firm's long-term campaign of making more opportunities available to women. Washington, D.C.-based tax partner, Jennifer Ray is noted as one of the firm's newly promoted partners.
Testimony begins in Indian worker-trafficking lawsuit against Signal International
January 13, 2015 — The Times-Picayune
This article covers the start of testimony for a human trafficking case in which five Indian workers took jobs at Signal International LLC with false promises of a green card and permanent residency in the United States, but instead endured harsh living conditions and crushing debts to pay recruiters. New York-based attorneys, Alan Howard, Hugh Sandler, Amal Bouhabib, and Chiemi Suzuki, are representing the five workers in this case. "When the workers got here, they didn't get what they were promised. They didn't get green cards. What they got was trapped,” said Howard. Additional coverage of this closely wanted case was reported in several national media outlets including, The Houston Chronicle, Politico, and Bloomberg/BNA’s Daily Labor Report.
Gov't Contracts Group Of The Year: Crowell & Moring
January 9, 2015 — Law360
The firm's Government Contracts Group is featured for earning Law360's "Government Contracts Group of the Year Award," highlighting the Group as a widely heralded industry go-to and noting the firm's recent wins for Lockheed Martin Corp. and BAE Systems. Washington, D.C.-based Government Contract Group co-chairs, Angela B. Styles and Daniel R. Forman, discuss with Law360 the background of the Group and the deep bench of experienced attorneys from associates to partners which sets the Group apart from others. "We have folks on our legal team who are former military personnel, former engineers and software developers, and in addition to being at the top of their game on the legal side, they can speak multiple languages and talk to both general counsel and engineers, and that's an important facet of our practice," Forman states. Styles reiterates, "We're continually able to serve clients with the right lawyer, right experience, [and] right skill set."
Outlook 2015: Legal Challenges to Subsidies, Enrollment Among Top Issues
January 7, 2015 — Bloomberg BNA
Crowell & Moring Health Care Group attorneys, Arthur N. Lerner, Christine M. Clements, and A. Xavier Baker, discuss with Bloomberg BNA the top list of issues for 2015 as noted by the BNA's Health Insurance Report advisory board members in the annual Outlook survey. Of the top 10 issues, the question as to whether or not the Affordable Care Act (ACA) subsidies will remain the law ranks high on the list. As many agree that blanket repeal of the ACA is unlikely, Lerner believes that "They [Congress] then may try to repeal individual pieces, such as the risk sharing, the medical device tax, the individual mandate, and other elements." The article continues, touching on other potential risks for health insurers and what they should be aware of and to look out for as the year unfolds.
5 Issues Gov't Contractors Need To Know About In 2015
January 7, 2015 — Law360
Law360 highlights the firm's Government Contracts Group and the recent webinar the Group conducted titled, "What Will the New Year Bring for Government Contractors?" This article details the five issues federal contractors should pay attention to in 2015, as forecasted by Crowell & Moring attorneys in their preview of the year ahead.
Q&A: Crowell & Moring's Daniel Sasse
January 6, 2015 — Global Competition Review
Head of the firm's Orange County office and partner in the firm's Antitrust Group, Daniel A. Sasse, takes part in Global Competition Review's Q&A series, and shares his views on the most compelling issues facing the competition bar both in the U.S. and abroad. Sasse touches on a number of questions ranging from what antitrust cases he is following closely, to whom he admires most in the antitrust community. When asked about which issue in antitrust he finds most interesting right now, Sasse stated, "The ability of U.S. companies to pursue damages from foreign suppliers for pricefixing on products sold in the U.S. is probably at the top of the list for those of us who spend a significant amount of our time litigating cartel cases."
Minority Powerbrokers Q&A: Crowell & Moring's Elliott Laws
January 5, 2015 — Law360
Elliott Laws, a Washington D.C.-based partner in the firm's Government Affairs and Environment & Natural Resources groups, shares his perspective on five questions about his own experiences breaking the glass ceiling in the legal industry. He also offers insight on the importance of diversity within law firms, and advice for firms looking to increase diversity within their ranks.
National Law Journal Pro Bono Hot List
January 5, 2015 — National Law Journal
Washington, D.C.-based partner Tim Means, who has won each of the four federal clemency cases he has handled, and associate Sherrie Armstrong are featured in the National Law Journal's Pro Bono Hot List for their pro bono success. Their recent notable victory came last winter, when their client, who had been sentenced to life in prison for low-level, non-violent involvement in her ex-boyfriend's drug ring, was pardoned after Means and Armstrong's diligent and persuasive work on a legal process where case law was virtually non-existent.
Labor & Employment Legislation, Regulation to Watch in 2015
January 2, 2015 — Law360
Thomas P. Gies, a Labor & Employment Group partner based in Crowell & Moring's Washington, D.C. office, talks to Law360 about the year's upcoming notable labor and employment legislation. In particular, Gies discusses the Department of Labor's efforts to revamp overtime standards under the Fair Labor Standards Act. "It would certainly generate another flood of lawsuits, and I think it's a big deal," Gies said of the overtime rule-making push.
Food & Beverage Cases to Watch In 2015
January 2, 2015 — Law360
Washington, D.C.-based Advertising & Product Risk Management Group partner John Fuson discusses one of the key food and beverage cases of 2015, Grocery Manufacturers Association et al. v. Sorrell et al, and its potential implications on federal legislation to regulate Genetically Modified Organism (GMO) labeling. "That is a really big thing to watch," Fuson said. "To some extent because that’s going on, and because other states have certainly considered so-called GMO labeling, two different bills have been introduced nationally to deal with GMO labeling."
Federal Tax Cases to Watch In 2015
January 2, 2015 — Law360
David B. Blair, a Washington, D.C.-based partner in Crowell & Moring's Tax Group, shares his thoughts on a major pricing dispute case, Amazon.com Inc. v. Commissioner of Internal Revenue, and its importance for the Internal Revenue Service (IRS). "This could be the IRS' second attempt after the Veritas case to win this issue of cost-sharing arrangements and whether a buy-in should be based on a cost-sharing method. Veritas was a big loss for the IRS," Blair noted.
Patent Legislation to Watch In 2015
January 2, 2015 — Law360
Terry Rea, a Washington, D.C.-based partner in the firm's Intellectual Property Group, comments on patent reform legislation in Congress pertaining to fee-shifting and other issues. Rea notes that while Congress appears to be eager to take action to curb abusive litigation, "there's an increased awareness of the need to do it delicately and with a proper balance. Congress has an appreciation of the fact that any legislation cannot be overarching, because there will be unintended consequences," she said.
Energy Cases to Watch In 2015
January 2, 2015 — Law360
San Francisco-based Energy partner Frank R. Lindh talks to Law360 about important energy cases to watch in 2015, noting the recent news from the U.S. Solicitor General that the government will appeal the D.C. Circuit's invalidation of the Federal Energy Regulatory Commission's rule requiring that consumers be paid for using less power during high-demand periods. "The fact that the solicitor general has elected to file a petition really increases the odds that the court will take the case," Lindh said.
Automotive Legislation and Regulation to Watch In 2015
January 2, 2015 — Law360
Robert Meyers, Washington, D.C.-based senior counsel in the firm's Environment & Natural Resources Group, discusses potential new fuel economy regulations after record Clean Air Act fines were levied last year for greenhouse gas emission and fuel economy reporting violations. "In broad brush, I think this is a signal of increasing scrutiny, and I would attribute some of it to the fact of the suggested rulemaking," Meyers said.
Life Sciences Legislation and Regulation to Watch In 2015
January 2, 2015 — Law360
John Fuson, a Washington, D.C.-based partner in Crowell & Moring's Advertising & Product Risk Management Group, discusses potential legislative changes in the life sciences sector in the upcoming year, including a possible repeal of the Affordable Care Act Medical Device Tax. Fuson also discusses the FDA's intent to regulate laboratory developed tests, noting, "This is a segment of the health care industry that has resisted oversight from the FDA. I'm sure that the agency is going to get a lot of feedback."
Government Contracts Cases to Watch In 2015
January 2, 2015 — Law360
Stephen J. McBrady, a Washington, D.C.-based partner in Crowell & Moring's Government Contracts Group, discusses trends in government contracts litigation and their potential impacts. In particular, he notes that a recent Federal Circuit decision upholding the dismissal of an $80 billion overbilling suit against Sikorsky Aircraft Corp. may affect strategy for contractors and the government, as they can now potentially agree to toll the statute of limitations for the Contract Disputes Act, which establishes the procedures for handling claims related to federal government contracts. "Because the statute of limitations was jurisdictional, it could not be waived, or tolled my mutual agreement," McBrady said. "In that respect, Sikorsky is a game-changer."
Competition Legislation and Regulation to Watch In 2015
January 2, 2015 — Law360
Washington, D.C.-based antitrust partner Shawn R. Johnson talks to Law360 about the potential passage of a bill to align the preliminary injunction standards for mergers at the U.S. Department of Justice and the Federal Trade Commission. "It got passed out of committee in the House, but had not been taken up in the Senate. But with the new Republican leadership, I think the likelihood of getting it passed out of the Senate is much higher," Johnson said. "Even in that situation it's quite unknown whether it would end up being passed and whether there's support in the White House."
Life Sciences Cases to Watch In 2015
January 2, 2015 — Law360
Washington, D.C.-based partners, Terry Rea, of Crowell & Moring's Intellectual Property Group, and Keith J. Harrison, of the firm's Labor & Employment and Litigation groups, weigh in on two important cases in the life sciences arena. Harrison discusses Teva Pharmaceuticals USA, Inc.'s challenge of a California appellate decision that a generic-drug manufacturer can be held liable for failing to warn consumers of the side effects listed on the equivalent brand-name drug, which may potentially be taken up by the U.S. Supreme Court. "This is going to be a case that is going to further define the scope of federal preemption," Harrison said. Additionally, Rea talks about the Cuozzo Speed Technologies LLC suit, which argues that the Patent Trial and Appeal Board uses the incorrect standard during America Invents Act (AIA) proceedings, making it difficult for inventors to retain their patents. "Everybody is going to be very, very careful how they handle this [case]," Rea said of the suit, which may upend new IPR standards.
Competition Cases to Watch In 2015
January 2, 2015 — Law360
Shari Ross Lahlou, a Washington, D.C.-based partner in the firm's Antitrust and Litigation groups, talks to Law360 about two notable antitrust and employment cases to watch in the upcoming year, including the NCAA's appeal of a California district's ruling blocking the NCAA's ban on student-athlete compensation. Lahlou said of the unusual nature of the district court's opinion, "The court dictated what the payment should be and how to deal with it, and I'm not sure what that was based on. It was really kind of novel."
Government Contracts Legislation and Regulation to Watch In 2015
January 2, 2015 — Law360
Washington, D.C.-based Government Contracts partner, Peter Eyre, discusses the potential impact of executive orders on the government contracts industry, including a 2012 order that will recruit federal contractors in U.S. efforts to fight labor trafficking at home and abroad. "That proposal came out months ago. That is now, as far as we can tell, ready to come out in final form. Because of the compliance requirements of that rule, it's something that will get a lot of attention," Eyre said.
Patent Cases to Watch In 2015
January 2, 2015 — Law360
Brian M. Koide, a Washington, D.C.-based partner in Crowell & Moring’s Intellectual Property Group, discusses the significance of Teva Pharmaceuticals USA Inc. v. Sandoz Inc., a key claim construction case in which Teva is appealing a Federal Circuit decision invalidating its patents on the multiple sclerosis drug Copaxone after a district court found them valid. A new standard that makes it more difficult for the appeals court to reverse claim construction decisions could "change the dynamic of how cases are litigated," Koide said.
GCR 100 – 15th Edition
December 2014 — Global Competition Review
Crowell & Moring's Antitrust Group has been recognized as "highly recommended" in Global Competition Review's (GCR) 15th edition of the "GCR 100: The World's Leading Competition Practices." The report highlights the group's 2014 success in all facets of the practice, including advising on in-depth merger investigations and prevailing in a dozen dispositive motions in litigations. The Washington, D.C. and New York based teams are specifically cited for three pillars of their practice, including big-ticket merger work, criminal cartel investigations, and civil antitrust litigation. The editors note the strength of the group can be seen through their Fortune 500 clients including, AT&T, DaVita, and Amazon.
@Work Advice: Health, Welfare and Obamacare
December 31, 2014 — The Washington Post Magazine
Washington, D.C.-based counsel and member of the firm's ERISA & Employee Benefits Group, Joel D. Wood, provides insightful background for a weekly Washington Post Magazine column touching on issues regarding health insurance, welfare, and Obamacare in the workplace.
Crowell & Moring Identifies Three Phases of CPP Consulting
December 2014 — Climate Change Business Journal
Washington, D.C.-based counsel and member of the firm's Energy Group, Cameron Prell, shares his views regarding the consulting efforts related to the Clean Power Plan (CPP), which establishes state-by-state carbon emissions rate reduction targets, and offers a flexible framework under which states may meet those targets. Prell explains his belief that the CPP consulting work will unfold in three phases and says "Utilities, independent power producers, and even public sector agencies are reaching out for counsel."
Big Business Gets Generous
December 21, 2014 — Washington Post
Crowell & Moring's Washington, D.C. office is featured in the Washington Post for dedicating time and efforts to charitable organizations throughout 2014. In addition to 23,000 hours of pro bono legal services, the firm's lawyers and staff joined together to celebrate the firm's 35th anniversary by participating in several volunteer service days throughout the year that supported local charities.
2014 Litigation Trailblazers & Pioneers
December 2014 — National Law Journal
Janet Levine, a Los Angeles-based White Collar & Regulatory Enforcement Group partner, is featured as one of National Law Journal's "2014 Litigation Trailblazers & Pioneers." The article shines a light on Levine's white collar defense work and some of the extremely high-profile cases she has handled. When discussing her thoughts regarding the future of her area of focus, Levine explains that white collar is here to stay as, "It's part of our criminal justice system now to have fraud allegations dealt with in the criminal system."
2014 Federal Tax Litigation In Review
December 19, 2014 — Law360
Washington, D.C.-based partner and member of the firm's Tax Group, David J. Fischer, talks with Law360 about the major high-stakes tax cases that closed in 2014. Fischer provided his viewpoints on three of the cases, including U.S. v. Clarke, which the court said taxpayers have a right to examine their IRS agents if they can point to specific facts or circumstances — including circumstantial evidence — that raise an inference of bad faith. "Tax law is like a pendulum, and right now our pendulum is swinging toward procedural fights because the IRS has changed its summons process and the Supreme Court has changed the litigation standards for looking behind an IRS summons," stated Fischer.
Steering Through Rough Waters
December 2014 — American Lawyer
Crowell & Moring chairman and Washington, D.C.-based partner, Kent A. Gardiner, shares his thoughts about American Lawyer’s 12th annual "Law Firm Leaders Survey." The results from the survey show that law firm leaders expressed optimism as they were constantly tweaking their practices, technology platforms, and staffing mixes to better position themselves in an ever more competitive environment. When Gardiner was asked about where the growth will be in the legal industry, he responded, "…we are seeing more deal flow," as "this increase in demand is taking place amid pricing challenges and challenges to be more innovative in the delivery of legal services."
Holcim, Lafarge Show Tortoises Can Beat Hares to EU Finish Line
December 15, 2014 — Bloomberg News
Brussels-based partner, Dr. Salomé Cisnal de Ugarte, discusses with Bloomberg News the recent merger of two cement makers which stalled the official European Union (EU) merger process for more than half a year. When weighing whether or not the EU will conduct an in-depth merger review, Cisnal de Ugarte states that, "During the pre-notification discussions you can already get a relatively clear idea of how the commission sees your case."
Crowell Works Offering by Signature Group
December 3, 2014 — Daily Journal; December 30, 2014 — San Francisco Daily Journal
The Daily Journal highlights Crowell & Moring in the paper's "Dealmaker" column for the firm’s representation of Signature Group Holdings Inc. (SGH), a Sherman-Oaks-based holding company, as it offered 3.7 million shares of common stock in an underwritten public offering. The firm
provided additional representation when SGH offered over four million shares of common stock for $6.50 per share. San Francisco-based senior counsel, Murray A. Indick, served as counsel for SGH for both of these deals.
Court Annuls EU State Aid Ruling on Ireland’s Air Travel Tax
November 28, 2014 — Tax Analysts
Tax Analysts interviewed Crowell & Moring, Brussels-based partner, Dr. Salomé Cisnal de Ugarte, regarding the EU General Court's recent annulment of the European Commission's ruling that Ireland's air travel tax doesn't constitute illegal state aid by effectively favoring other airlines. Cisnal de Ugarte explained that because the court based its decision on purely procedural grounds without addressing the substance of the matter the decision doesn't set a precedent on the state law aspects of the case.
For Former Embassy Hostages, a Special Interest in Iran Talks
November 25, 2014 — New York Times
Washington, D.C.-based partner and member of the firm's International Dispute Resolution Group, Stuart H. Newberger, talks with the New York Times about the United States' recent agreement to extend the nuclear negations with Iran for another seven months. Newberger, offers insight based off his own client counseling and stated, "If and when they do reach an agreement on the nuclear nonproliferation issue, there must be at some point an agreement between the U.S. and Iran similar to the one the U.S. did with Libya."
Legislative Remedies for the Injustice of D.C.'s Real Property Tax Sale System
November-December 2014 — Sargent Shriver National Center on Poverty Law "Clearinghouse Review"
Crowell & Moring is featured for its pro bono work in Washington, D.C. on behalf of Legal Counsel for the Elderly (LCE). LCE sought to build a coalition to advocate for legislative reform for D.C.'s method of unpaid property tax collection, which had allowed private third-party purchasers to gain all of the equity in a home over the amount of outstanding property tax debt and fees. Under the firm's counsel, LCE formed a wider coalition named HOME (the Alliance to Help Owners Maintain Equity), who drafted legislation to remedy problems with the tax sale system. After several months of inaction in the D.C. Council, the issue of the city's problematic tax lien sales program and the proposed legislation to remedy the problems were featured in a front page investigative series in the Washington Post. The compelling articles described the city's "predatory system of debt collection." Within a week of the Post series being published, the Council passed emergency legislation freezing the sale of homes belonging to seniors, veterans, and the disabled, after which the Council turned to LCE and Crowell & Moring for expert advice in drafting revised legislation.
The Evidentiary Expert: Judge Paul W. Grimm
November 18, 2014 — Law360
Washington, D.C.-based partner and co-chair of the firm's e-Discovery & Information Management Group, David D. Cross, tells Law360 about working with Judge Paul W. Grimm, who has recently been appointed one of the newest federal judges on the Maryland federal bench. Cross, who is familiar with Grimm's 16 years of experience as a magistrate judge, sheds light on Grimm's well-regarded reputation. When Judge Grimm wants to address something, "his decisions are written like law review articles," Cross says. "He makes his opinions very useful beyond the confines of his own case."
LifeNet Wins $35M Verdict In Tissue Graft Patent Suit
November 18, 2014 — Law360
This article heralds an exciting win for the Washington-D.C. based members of Crowell & Moring's Intellectual Property Group. A Virginia federal jury awarded the firm's client, LifeNet, nearly $35 million in damages for LifeCell Corp.'s infringement of a patent improving the preservation of bone and soft-tissue grafts, rejecting LifeCell's invalidity defenses. News of this victory was also highlighted in "Law360's Weekly Verdict: Legal Lions & Lambs," found here.
Minority Powerbrokers Q&A: Crowell & Moring's John Gibson
November 14, 2014 — Law360
Orange County-based Antitrust Group partner, John S. Gibson, is featured as one of Law360's Minority Powerbrokers. In the Q&A article, Gibson answers a wide-array of questions focusing on his successful career, including some of the unique challenges he has overcome. As Gibson has seen a promising increase in diversity throughout his 25 years as a trial lawyer, he encourages his peers to keep up the momentum stating, "Let's help the next generation dream big, be bold, and achieve a legal profession without glass ceilings."
On Veterans Day, Georgetown Law Salutes Its Own
November 13, 2014 — Georgetown Law
Washington, D.C.-based Government Contracts Group associate, Gordon Griffin, served as a panelist at Georgetown Law's second annual Veteran's Day program. Griffin, a Georgetown Law alumni and former Marine Corps fighter pilot, addressed the crowd and gave a special shout-out to the student veterans in attendance.
Expert's Secret Links Scrutinized In Railroad Antitrust MDL
November 12, 2014 — Law360; November 20, 2014 — The Policy and Regulatory Report
There has been recent coverage of a case in which a D.C. federal judge expressed concerns over revelations that a lead expert for the plaintiffs accused rail freight companies of fuel surcharge price-fixing that may have had improper financial ties to the case, telling the parties to consider whether the suit's class certification briefings should now be scrapped. Washington, D.C.-based partner and co-chair of the firm's e-Discovery & Information Management Group, David D. Cross, who is representing the defendant in the case, is quoted in this coverage of the matter.
Vestager: State Aid Probe Continues in Luxleaks Storm
November 7, 2014 — Global Competition Review
Brussels-based partner, Dr. Salomé Cisnal de Ugarte, talks with Global Competition Review about the parameters of recently leaked documents which exposed the Luxembourg government as facilitating tax avoidance on an enormous scale. Cisnal de Ugarte touches on the tax systems currently in place and how Europe’s newly elected competition commissioner is expected to handle the situation.
IP Bills Have Momentum In New Congress
November 5, 2014 — Law360
Mark A. Klapow, a partner in Crowell & Moring's Trade Secrets Practice, discusses with Law360 how the newly elected Congress may have an impact on the efforts to federalize trade secrets. Despite the fact there isn’t a clear partisan divide on trade secrets issues, Klapow and others hope the new members of Congress will lessen the general gridlock Congress has displayed in the past several years. "Trade secret protection is not a partisan issue, so it's more about the ability to get things done generally than one outcome or the other," said Klapow.
Vestager Takes Office in Europe
November 3, 2014 — Global Competition Review
Brussels-based partner, Dr. Salomé Cisnal de Ugarte, discusses with Global Competition Review the recent change in Europe's competition commissioner. Margethe Vestager will take over as Europe's competition commissioner and Cisnal de Ugarte notes that Ms. Vestager is well-suited for the role based on her knowledge of technology, financial services, and energy markets.
2014 Intellectual Property Trailblazers & Pioneers
October 2014 — National Law Journal
Terry Rea, a Washington, D.C.-based Intellectual Property Group partner and director with C&M International, is featured as one of the National Law Journal's "2014 Intellectual Property Trailblazers & Pioneers." The National Law Journal highlights the strides Rea made as acting and deputy director at the United States Patent and Trademark Office (USPTO), as well as her predictions for the intellectual property space. "We will see some targeted limited specific legislation—and some rule changes—in 2015," said Rea.
Influential Women in IP Law: Teresa Stanek Rea
October 27, 2014 — Law360
Washington, D.C.-based Intellectual Property Group partner and director with C&M International, Terry Rea, was featured as one of Law360's "20 Most Influential Women in IP Law." The article details her astounding accomplishments and provides some kind words that speak to Rea's reputation from those she has worked with throughout her career. David Kappos, who worked with Terry as a director of the USPTO during Rea's tenure as deputy director there told Law360 about the special kind of person Rea is. "What makes Terry special is it's not about training on any specific issue — something you can read about in a book, or what you can do to win a case in an adversarial context where you have practically an infinite amount of time to get ready on a very specific set of facts and laws," Kappos states. "Being the face of the American innovation system to wide-ranging groups is something that you do because you've developed a very different unique set of skills, and that you do well if you've developed those skills to the highest level."
Worries Over Supreme Court's Flirting with 101
October 24, 2014 — Managing Intellectual Property
Washington, D.C.-based Intellectual Property Group partner and director with C&M International, Terry Rea, was acknowledged in Managing Intellectual Property for her role as a moderator at a recent panel discussion. The panel Rea moderated discussed the impact of the Supreme Court on Section 101 and featured panelists David Kappos and Laurie Self.
Legal Champions Greater Washington 2014
October 24, 2014 — Washington Business Journal
Washington, D.C.-based Intellectual Property Group partner and director with C&M International, Terry Rea, made the Washington Business Journal’s inaugural list of Legal Champions in the "New Additions" category. Rea, who recently came back to work in the private sector after spending time at the United States Patent and Trademark Office (USPTO) as the first female acting and deputy director, touched on why she became a lawyer as well as the changes she has seen in the patent law arena along the way. Additionally, Rea was highlighted in three videos where she provided her thoughts on the misconceptions about lawyers, how the legal profession has changed, and the toughest part about being a lawyer.
On-Air Interview with New York Real Estate Journal
October 24, 2014 — Frequency
New York-based Financial Services Group partner, Barbara E. Champoux, speaks to New York Real Estate Journal radio hosts about all things infrastructure. As Champoux notes the three main aspects of infrastructure are transportation, energy, and social infrastructure, she goes on to detail what each aspect entails and how they are financed. Champoux also touches on the Transportation Infrastructure Finance and Innovation Act (TIFIA) and its ongoing legislation.
Young and Generous Lawyers
October 22, 2014 — Legal Bisnow
Washington, D.C.-based public service partner and D.C. Bar Foundation (DCBF) vice-president, Susan M. Hoffman, was featured in Legal Bisnow for her attendance at the DCBF kick-off gala for National Pro Bono Week. The firm participated in events throughout the week-long celebration, including the banner event, the DCFB's sixth annual "Go Casual For Justice" fundraiser to raise money for grants to D.C. legal aid providers.
Judge Blocks Subpoena Against Sidley Austin
October 20, 2014 — Global Investigations Review
Washington, D.C.-based White Collar & Regulatory Enforcement Group partner, Philip T. Inglima, speaks to Global Investigations Review regarding his experience with subpoenas being blocked by a judge, even when it appears that all the appropriate steps have been taken to avoid a waiver or broad disclosure of the privileged materials. "These types of subpoena requests are becoming routine now, so companies are having to be ever more careful in making disclosures or presenting evidence to the DOJ so as not to waive attorney-client privilege and work product protection," states Inglima. "Delivering limited presentations orally is one way of reducing the risk."
5 Tips For Getting New Lawyers Trial-Ready
October 9, 2014 — Law360
San Francisco-based partner and co-chair of the firm's Litigation Group, Gregory D. Call, discusses with Law360 the importance of preparing lawyers for trial, and the ways Crowell & Moring is able to provide this crucial experience, given that the percentage of federal court cases being resolved through trial has plummeted to less than two percent. To help prepare attorneys, Crowell & Moring conducts a one-week trial academy at which young attorneys across the firm are brought together to work with experienced trial lawyers and play different roles in a mock trial. "The young attorneys participate in direct and cross-examinations, openings, closings, voir dire and all the things that happen at trial," Call said. "It's valuable for lawyers to get an opportunity to stand up and do a cross-examination, and then hear what people think about what they did well and what they could have done better." Continuing to drive home the importance of trial readiness, Call adds, "By having a real role on a case, associates can see how what they are doing is relevant to the outcome of a possible trial, and when a trial happens, they are part of it."
Supreme Court Could Hear Challenge to EPA Rule on Emissions
October 2, 2014 — The Indianapolis Star
Washington, D.C.-based partner and steering committee member of the Environment & Natural Resources Group, Kirsten L. Nathanson, discusses a challenge to a federal rule cutting toxic emissions from power plants, which is one of the issues facing the Supreme Court this term. The federal rule in question limits toxic pollution, such as mercury, from coal- and oil-fired power plants, and is being appealed but 23 states and industry groups. Nathanson argues that, "The regulated community believes it was completely irrational and inappropriate for EPA to ignore the high cost," adding, "we will see if the Supreme Court latches onto it."
CREW Network Lauds 2014 Award Winners at Annual Convention
October 2, 2014 — Commercial Property Executive
New York-based Financial Services Group partner, Barbara E. Champoux, was recognized in Commercial Property Executive as one of the recent winners of the Commercial Real Estate Women’s Network (CREW) Impact Awards. Champoux and fellow New York CREW member, Beth Zafonte, accepted the Member-to-Member Business award for their efforts in the Gemological Institute of America Inc.’s $51 million purchase of an 80,000-square-foot space in the International Gem Tower in New York City.
Team Marriott: Five Crowell Alumni on Agility, Growth, and Why People Still Come First
October 2014 — Crowell Connect (Alumni Newsletter)
Crowell & Moring alumni Ed Ryan, Michael Martinez, Lisa Greenlees, Carnot Evans, and Dave Bell are all part of Marriott International Inc.'s 65-person legal department, which this spring was named National Law Journal's "Washington In-House Legal Department of the Year." In the debut edition of Crowell Connect, they discuss their memories of the firm and what it's like to be a part of an iconic American company.
Private Bank Fuels Fortunes of Putin's Inner Circle
September 27, 2014 — New York Times
Washington, D.C.-based International Trade Group partner, Cari N. Stinebower, is quoted in New York Times cover story that offers in depth analysis on the workings of Russian President Vladimir Putin's inner circle and their financial transactions. In particular, the article notes that Bank Rossiya, an entity subject to U.S. sanctions, was created for what the Obama administrations calls the "personal bank" of the Putin inner circle. The article notes that this bank, like many others, is webbed into a shell of companies – but that the ownership structure for these companies is not readily identifiable. The lack of transparency into ownership structure says Stinebower, who advises clients on compliance with sanctions, raises "red flags" and corresponding enhanced due diligence requirements. Treasury has clarified that any entity 50 percent or more owned by a sanctioned person is also blocked by operation of law. With regard to CTC Media (CTC), a company with several television channels that was partially owned by a subsidiary of Bank Rossiya, Video International and an agreement CTC had with the subsidiary, Stinebower comments, "The way the law works, it's incumbent on CTC to understand the beneficial ownership of the company they are doing business with" to ensure that there is not "some sanctioned entity at the end of the chain." It has been reported that Video International was able to maneuver around Russian law and placed CTC at risk for violating American sanctions.
Record Night for Children's Law Center
September 24, 2014 — Legal Bisnow
Crowell & Moring is featured in Legal Bisnow for being honored with the 2014 Children's Pro Bono Champion award at the Children's Law Center annual "Helping Children Soar" benefit. The event took place at the Kennedy Center rooftop terrace where Washington-D.C.-based partners, Susan M. Hoffman and Daniel R. Forman accepted the award on behalf of the firm.
Crowell & Moring's Committed to the OnRamp Fellowship Program
September 2014 — Law360, National Law Journal, Bloomberg Businessweek, The Recorder, Legal Intelligencer
Multiple outlets highlight Crowell & Moring's involvement with the innovative "OnRamp" initiative, a new fellowship program that is the first of its kind for BigLaw. The OnRamp fellowship program is bringing back women who took breaks from their legal careers and placing them back into law firm jobs. "By participating in the first 'returnship' ever launched in the legal field, these 15 law firms are trailblazers," OnRamp founder Caren Ulrich Stacy said in a statement. "They are benefiting the profession as well as their own firms by forging a new pathway back for women lawyers who took a break and want to return."
Dealmakers Q&A: Crowell & Moring's Bryan Brewer
September 19, 2014 — Law360
Washington, D.C.-based partner and co-chair of the firm's Corporate Group, Bryan Brewer, speaks with Law360 as part of their dealmaking movers and shakers Q&A series. Brewer shares his personal perspective on an array of questions such as what advice he would give to other inspiring dealmakers and what aspects of regulation affecting his practice are in need of reform. In response to what upcoming trends or under-the-radar areas of deal activity to anticipate, Brewer believes that, "Based on a competitive intelligence view of the market, we do not see divestures or complete transformative transactions as ruling the deal landscape in the short term. For example, based on recent deal flow and other trend data, technology, pharmaceutical, medical, and biotech M&As have all demonstrated a strong opening in the first quarter of 2014, and we expect that to continue."
FCA Free Speech Defense Tested In DOJ-PhRMA Fight
September 19, 2014 — Law360
Washington, D.C.-based partner and co-chair of the firm's False Claims Act Practice, Robert T. Rhoad, discusses the Solis v. Millennium case currently taking place in a California federal court between the U.S. Department of Justice and Pharmaceutical Research and Manufacturers of America (PhRMA) with opposing sides clashing over whether the First Amendment always shields honest off-label promotion. "What the industry really wants here are bright lines and safe harbors," Rhoad said. "And to the extent they get a decision here saying truthful speech cannot be used to support a False Claims Act case, I think that would be a huge victory."
Antitrust Opt Outs Open Doors for Defense Lawyers
September 19, 2014 — The Recorder
Los Angeles-based Antitrust Group partner and head of the firm's Los Angeles office, Jason C. Murray, spoke with The Recorder for a piece examining the increasing number of large firms working on opt-out antitrust cases. Antitrust lawyers say the appetite for opt-outs is growing because recent Supreme Court decisions, including Comcast v. Behrend, have made it more difficult and costly to reach class certification. Because of the risks involved with opting-out, firms conducting plaintiffs-side work are often asked to employ alternative billing arrangements. "Our [plaintiffs] antitrust recovery practice is a traditional plaintiffs practice," Murray said. "We share risk with our clients." Murray, who spends a majority of his time focusing on opt-out cases, attests that "it was really about being entrepreneurial," he said. "It was about finding ways to talk to clients about other opportunities."
EPA High Court Wins Leave Openings For Industry Challenges
September 18, 2014 — Law360
Washington, D.C.-based Environment & Natural Resources Group partner and steering committee member, Kirsten L. Nathanson, speaks with Law360 regarding the U.S. Supreme Court's decisions last term upholding much of the U.S. Environmental Protection Agency's cross-state air pollution and greenhouse gas regulations. Nathanson notes that while this year's term doesn't have as many environment-specific cases, the non-environment cases of Perez v. Mortgage Bankers Association and Nickols v. Mortgage Bankers Association would have an impact across federal agencies including the EPA, the Army Corps of Engineers, and others. "The key issue in the case involves an agency's ability to change its mind — and to change its mind on the interpretation of its own regulations, and to do so without having to go through notice and comment," Nathanson said.
Corporate Inversion Executive Order Possible, Crowell Partner Advises Contractors
September 11, 2014 — BNA
Washington, D.C.-based Government Contracts Group attorneys, Angela B. Styles and Stephen J. McBrady, discuss how President Obama might soon issue an executive order making it tougher for corporations that move overseas for tax purposes to win federal contracts. "How hard they will make it to do business with the U.S. government is anyone's guess," Styles said. The order requires contractors to disclose violations of more than a dozen state and federal labor laws and regulations. McBrady added that, "As a result, contractors should review labor law compliance and current arbitration agreements, as well as submit comments on any proposed regulations."
Dealmakers Q&A: Crowell & Moring's Patrick Lynch
September 11, 2014 — Law360
Washington, D.C.-based Energy Group partner, Patrick W. Lynch, took part in Law360's "Dealmakers Q&A" series featuring dealmaking movers & shakers. As part of this series, Lynch shared his perspective on five intriguing questions pertaining to the most challenging deal he has worked on and other dealmakers who've impressed him. When asked about what advice he would give to other aspiring dealmakers, Lynch shared, "When negotiating the complex web of contracts that are part of a large infrastructure project, try and ask yourself "what if" for as many eventualities as could practically (or perhaps not so practically) occur."
COFC Ruling May Hasten Commercial Contracting's Decline
September 2, 2014 — Law360
Washington, D.C.-based Government Contract Group partner, J. Chris Haile, discusses a recent Court of Federal Claims decision that exempts Federal Supply Schedule contracts from some streamlined commercial acquisition rules, which is causing some concern about the long-term relevance of commercial contracting rules. Because FAR Part 8.4 only provides that FAR Part 12 applies in three instances, it doesn't cover situations in which CMS deviated from commercial practices when making an order under the schedules. "The general presumption has been that the schedules are commercial item contracts, so that while they're subject to FAR Part 8, they're also subject to FAR Part 12," Haile said. "I think that the decision certainly could have come out differently."
Self-Reporting Is All The Rage In Recent Contractor Regs
August 25, 2014 — Law360
Washington, D.C.-based partner, David C. Hammond, talks with Law360 about the recent trend of self-reporting requirements and the effect it's going to have on the government when dealing with the expanding disclosure requirements. "It's going to cost the government to review these disclosures," Hammond said. "It's going to drive up the contractors' costs of compliance ... and that is going to result in higher indirect costs being charged to the government."
States Offering Veteran Tax Credits To Combat High Unemployment Rates
August 22, 2014 — Bloomberg BNA
Washington, D.C.-based Government Contracts Group associate, Gordon Griffin, discusses the growing trend of states that have adopted tax credits for businesses that hire veterans. Griffin, a major in the U.S. Marine Corps Reserve, believes that, "Tax credits are only one tool that states have at their disposal for lowering veteran unemployment, and will be most effective when implemented as part of a larger scheme that includes education, job training, and mechanisms for translating military work experience into civilian licenses and credentials."
The 2014 Working Mother & Flex-time Lawyers 50 Best Law Firms for Women
August 2014 — Working Mother
Crowell & Moring is featured in Working Mother magazine as one of the Working Mother and National Association for Female Executives (NAFE) Flex Time Lawyers "50 Best Law Firms for Women." This is the third consecutive year the firm has received this award, which recognizes law firms for their commitment to the development, retention, and advancement of female attorneys into leadership positions.
What To Remember When Creating a Product Safety Compliance
August 19, 2014 — PPAI Publications
Washington, D.C.-based partner and co-chair of the firm's Advertising & Product Risk Management Group, Cheryl A. Falvey, was a featured luncheon speaker at Promotional Products Association International's Product Safety Summit. Falvey's keynote presentation provided her audience with a few of the basics toward building a scalable compliance program for their companies and began by defining what that entails. "The policy needs to be a living, breathing commitment," she advised, "and should lay out your commitment, define your responsibility including who and how, and define legal compliance. You'll need to monitor products out in the marketplace that should be reported to the government." Falvey continued, providing many key points and elements to help companies achieve an ideal compliance program.
BigLaw Pairs Up Attys To Move Needle On Diversity
August 19, 2014 — Law360
Law360 examines how law firms are making the most of professional relationships through implementing formal sponsorship initiatives, a type of individualized advocacy and promotion of proven talent. Crowell & Moring's managing partner, Ellen M. Dwyer, discusses how the firm recently launched a successful sponsorship program in consultation with the Center for Talent Innovation. The article also highlights counsel, Shamiso Maswoswe, who comments on her positive experience participating in the innovative program.
Employee Secrecy Pacts Don't End Whistleblower Threat
August 15, 2014 — Law360
Washington, D.C.-based Government Contracts Group co-chair, Angela B. Styles, shares with Law360 her thoughts on False Claims Act allegation cases. Styles believes that simply getting a defensible confidentiality agreement or litigation waiver in place isn't always enough for companies looking to protect themselves. "It's not the agreement that's critical, it's the employee's understanding of what's confidential and proprietary," Styles said.
New Rule Increases Pressure On Homeland Security Contracts
August 14, 2014 — Law360
Washington, D.C.-based Government Contacts Group partner, Peter Eyre, discusses the expanded authority of the Defense Priorities and Allocations System (DPAS) and how it will effect various companies and agencies, especially the U.S. Department of Homeland Security and its contractors. "Contractors and subcontractors that traditionally haven't dealt with rated orders are more likely to see them because of this expansion. Companies will need to become familiar with these obligations," Eyre said. "And I suspect that civilian agencies — especially DHS — are going to be figuring out how to use the expanded coverage and authority."
Riley's Implications on Future Jurisprudence and Fourth Amendment Discussed in Webinar
August 14, 2014 — Bloomberg BNA
Justin P. Murphy, a counsel in the Washington, D.C. office and member of the firm's E-Discovery and Information Management and White Collar & Regulatory Enforcement groups, participated in a webinar panel discussing the landmark case of Riley v. California, which is the third decision the Supreme Court has issued since 2010 discussing advanced technologies. In this case, the Supreme Court unanimously held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Murphy described Riley as an opinion "that brings together and harmonizes two earth-shattering revolutions—the American Revolution and the digital revolution." Murphy continues, telling the audience how, "Riley resolved years of inconsistent lower court decisions," and that, "the Court concedes that we are indeed in a new digital age."
Most Allegations Survive In Signal Human Trafficking Suit
August 13, 2014 — Law360
This article covers the case, David et al. v. Signal International LLC et al., which alleges that Signal International LLC coerced citizens of India to pay expenses for temporary work visas after they came to the U.S. on temporary H2-B work visas, based on false promises that they would eventually secure more permanent work and immigration status. In a recent ruling, a Louisiana federal judge denied most of a motion to dismiss filed by Signal. New York-based attorneys, Alan Howard, Hugh Sandler, Amal Bouhabib, and Chiemi Suzuki, are representing a number of the workers in this case.
5 Tips For Internal False Claims Act Investigations
August 13, 2014 — Law360
Angela B. Styles, co-chair of Crowell & Moring's Government Contracts Group, shares her insights on False Claims Act investigation cases and provides helpful tips for outside counsel and internal employees. Styles warns that outside attorneys, like herself, often have to overcome poor first impressions with the internal employees they’re interviewing. She noted that it's crucial to quickly develop a rapport and deliver an "Upjohn warning," reminding them that they represent only the corporation and not the individual, in a way that is both gentle and clear, allowing the interview to proceed smoothly.
NCAA Ruling Clears Path For More Antitrust, Labor Brawls
August 11, 2014 — Law360
Los Angeles-based Antitrust Group partner, Jason C. Murray, discusses a California federal judge's ruling that the National Collegiate Athletic Association's (NCAA) ban on paying elite football and men's basketball players broke antitrust laws could incite anti-competition suits from other divisions and sports teams in the NCAA. Murray argues that the decision could spur challenges under Title IX, which bars sex discrimination in athletics programs that receive federal funding. "That could be the next big issue in these cases, since the ruling could open up larger 'scholarship' opportunities for men than women athletes, raising the specter of unequal treatment under Title IX," said Murray.
7 Lingering Questions On Contractor Labor Violation Reports
August 6, 2014 — Law360
Washington, D.C.-based Government Contacts Group partner, Peter Eyre, speaks with Law360 regarding the lingering questions on contractor labor violation reports. When speaking to the mandatory disclosure rule, Eyre says, "It's taken years to get clarity on what happens to the information when it's disclosed [under the mandatory disclosure rule], and here, too, industry will need clarity on how the government will weigh and act upon these new disclosures."