SEC Departures Gather Steam: The Morning Minute
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August 23, 2022 at 06:00 AM
6 minute read
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WHAT WE'RE WATCHING
MIGHT AS WELL JUMP - We all remember that dreaded scolding from mom when we were kids: "If all your colleagues left the U.S. Securities and Exchange Commission, would you follow them just because 'everybody's doing it'?" The Securities and Exchange Commission has already seen a significant flow of attorneys leaving for private practice this year, and industry observers told Law.com's Bruce Love that they foresee more on the horizon. "It's certainly unusual to see more lawyers leave the SEC the year after an administration change," said one Washington-based legal recruiter on the condition of anonymity because the recruiter works closely with government lawyers looking to move into private practice. "Usually, the SEC is more settled a year after a new president and commissioner. It could speak to unease in the ranks, or it could simply be a product of market demand. SEC lawyers are hot right now." That unease could come from the very top of the agency. Chairman Gary Gensler, appointed last year by the Biden administration, is apparently making good on his mission to move the SEC to an enforcement model of broken windows, targeting more cases and more individuals, according to sources with knowledge of how the SEC operates. And this "broken windows" policy has translated into more work—and sometimes disagreements—with staff attorneys over the direction of the agency.
TECH GUT CHECK - Experts say many legal departments aren't good at harnessing the power of data. That's not exactly a revelation. But if tech-challenged in-house teams are under the impression that they still have plenty of time to figure it out, they may be sorely mistaken. "As if in-house legal departments needed another problem—explosion of technology and data only adds to their list of anxieties," Jason Winmill, managing partner of the legal consulting firm Argopoint, told Law.com's Trudy Knockless. He added: "Technology has traditionally been a bit of a weak point of legal departments. That is no longer an acceptable position for a best-in-class legal department or even an adequate legal department." A Deloitte white paper released this year put it this way: "Companies today expect more than just advice purely based on individual experience or acumen; another level of persuasion and confidence comes from advice that is supported or enhanced with objective metrics." Beyond decision-making, savvy data management is critical to mitigating legal risks, wrote Jeffrey Wolff, director of e-discovery solutions at ZyLAB, in a November blog post. While underretention of data can starve a business of the intelligence it needs to make business decisions, holding too much data and for too long can bog down discovery during litigation and expose the company to liability from data breaches, Wolff said.
WHO GOT THE WORK?℠ - Holland & Knight partner Sara Schretenthaler Staha has entered an appearance for restaurant owner and operator Ra Sushi Addison Corp. in a pending collective employment action over alleged wage-and-hour violations. The complaint was filed July 1 in Texas Northern District Court by Sanford Law Firm on behalf of individuals employed by defendant as hourly paid servers who contend that they were not paid for overtime hours worked. The case, assigned to U.S. District Judge Karen Gren Scholer, is 3:22-cv-01437, Mims v. Ra Sushi Addison Corp. >> Read the filing on Law.com Radar and check out the most recent edition of Law.com's Who Got the Work?℠ column to find out which law firms and lawyers are being brought in to handle key cases and close major deals for their clients.
ON THE RADAR - General Electric was sued Monday in Connecticut District Court alleging unlawful business conduct. The lawsuit was brought by Holwell Shuster & Goldberg on behalf of Aenergy S.A. and its subsidiary Combined Cycle Power Soyo S.A. The complaint contends that GE falsely accused the plaintiffs of committing 'irregularities' under a $1.1 billion financing facility that GE Capital extended to Angola's Ministry of Finance to permit state-owned entities to pay for the plaintiffs to install GE-manufactured turbines. The plaintiffs further allege that after the false statements were made, Angola proposed transferring all of the plaintiffs' contracted work directly to GE. Counsel have not yet appeared for the defendant. The case is 3:22-cv-01055, Aenergy, S.A. et al v. General Electric International Inc. Stay up on the latest deals and litigation with the new Law.com Radar.
EDITOR'S PICKS
As Public Comment Period Winds Down, Debate Heats Up Over ABA Proposal to Make LSAT Optional By Christine Charnosky |
Judge Signals Support for DOJ in Challenge to Idaho Abortion Ban By Andrew Goudsward |
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Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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