News Feed https://jenner.com/library News Description https://jenner.com/library Jami de Lou Honored with Illinois Diversity Council’s Inaugural DiversityFIRST Award <p> Associate Director of Talent Development, Diversity &amp; Inclusion Jami de Lou will be recognized for her commitment to cultural diversity and inclusion at an awards luncheon hosted by the Illinois Diversity Council.&nbsp; Ms. de Lou is one of three individuals honored with the council’s inaugural DiversityFIRST Award for their “demonstrated outstanding achievements and sustained commitment to the pursuit of cultural diversity and inclusion in the community and workplace.” The luncheon will take place on April 20, 2017.</p> <p> A member of the National Diversity Council, the Illinois Diversity Council is a nonprofit organization that champions diversity and inclusion throughout Illinois academia, businesses and communities. The council creates a platform for discourse and collaboration around common inclusion issues and provides education, development and community building opportunities for all.</p> <p> To learn more, please <a href="http://www.illinoisdiversitycouncil.org/" target="_blank">click here</a>.&nbsp;</p> 7 Apr 2017 https://jenner.com/library/news/16719 https://jenner.com/library Jenner & Block Successfully Represents Internap in $325M Senior Secured Debt Refinancing <p> Jenner &amp; Block represented Internap Corporation, a leading provider of high-performance internet infrastructure including Colocation, Cloud and Network Services, in securing $325 million in new credit facilities. The deal completes Internap’s senior secured debt refinancing in an oversubscribed transaction.&nbsp; The new facility provides Internap with additional flexibility to support its long-term growth objectives, including less restrictive debt and interest coverage covenants.&nbsp; The First Lien Term Loan and Revolver will both be priced at Libor +700, and reflects a current Corporate Rating of B3 / B.</p> <p> The transaction closed on April 6, 2017.&nbsp; The team representing Internap included Partners&nbsp;<a href="https://jenner.com/people/ThomasMonson">Thomas A. Monson</a>,&nbsp;<a href="https://jenner.com/people/NeilCummings">Neil Cummings</a>, <a href="https://jenner.com/people/GeoffreyDavis">Geoffrey M. Davis</a>, <a href="https://jenner.com/people/DonaldHorvath">Donald S. Horvath</a> and <a href="https://jenner.com/people/SLing">S. Tony Ling</a> and Associates&nbsp;<a href="https://jenner.com/people/AmyInagaki">Amy Inagaki</a> and <a href="https://jenner.com/people/RafiMottahedeh">Rafi W. Mottahedeh</a>.</p> <p> To read more, please click&nbsp;<a href="http://www.prnewswire.com/news-releases/inap-successfully-completes-300m-senior-secured-debt-refinancing-300436209.html">here</a>&nbsp;for a company news release on the transaction.</p> 10 Apr 2017 https://jenner.com/library/news/16723 https://jenner.com/library CME Practice Partners Named to Variety’s 2017 Legal Impact Report <p> Three Jenner &amp; Block Content, Media &amp; Entertainment partners—<a href="https://jenner.com/people/AndrewBart">Andrew H. Bart</a>, <a href="https://jenner.com/people/BenjaminMulcahy">Benjamin R. Mulcahy</a> and <a href="https://jenner.com/people/GinaIlardi">Gina Reif Ilardi</a>—are recognized in <em>Variety’s</em> 2017 Legal Impact Report. The report is a listing of top entertainment lawyers whose work had significant impact on the industry over the past year.&nbsp;</p> <p> These three partners reflect Jenner &amp; Block’s coast-to-coast presence in the media and entertainment space, as well the firm’s wide-ranging litigation and transactional capabilities.</p> <p> In its <a href="http://variety.com/gallery/legal-impact-report-2017/#!16/andy-bart/">profile</a> of Mr. Bart, the publication highlights his work in securing a decision from the US Court of Appeals for the Second Circuit for EMI in a long-running copyright dispute with a now-bankrupt music downloading website. The opinion, which upheld the firm’s earlier trial victory that included $48 million in damages, sets a precedent limiting safe-harbor protection for websites that turn a blind eye to users who repeatedly post infringing material.</p> <p> The article quotes Mr. Bart, who said that the Second Circuit ruling “sets up a re-trial to determine whether or not the defendants are entitled to ‘safe harbor’ at all, and therefore potentially opens the door for a larger damage award.”</p> <p> <em>Variety’s</em> <a href="http://variety.com/gallery/legal-impact-report-2017/#!68/ben-mulcahy-gina-reif-ilardi/">profile</a> of Mr. Mulcahy and Ms. Reif Ilardi features their work on endorsement deals between major brands and high-profile social media personalities. These agreements feature novel issues and sticking points that vary greatly from traditional celebrity endorsement deals, but also provide brands with spokespeople who are seen as more authentic and whose platforms offer more precise consumer targeting.</p> <p> The profile notes that Mr. Mulcahy and Ms. Reif Ilardi represent, among other clients, Broad Green Pictures, Lionsgate, Paramount, STX Entertainment, Edelman, ESPN, Fiat Chrysler Automotive, MillerCoors, REI, Fox Sports, IPSY and Twitch Interactive.</p> 10 Apr 2017 https://jenner.com/library/news/16724 https://jenner.com/library Adam Unikowsky Argues Third Supreme Court Case in Four Weeks <p> On April 18, 2017, Jenner &amp; Block Partner <a href="https://jenner.com/people/AdamUnikowsky">Adam G. Unikowsky</a> argued against the Securities and Exchange Commission in <em>Kokesh v. SEC</em>, a case before the US Supreme Court that will consider whether the five-year statute of limitations in a general federal provision governing penalties and forfeitures applies to claims by the SEC seeking disgorgement of illegally obtained profits.</p> <p> When Mr. Unikowsky presented this oral argument, it was his third time before the Court in less than a month.</p> <p> On March 20, Mr. Unikowsky appeared before the Court to represent John Howell in a dispute over his ex-wife’s share of his military retirement pay after Mr. Howell opted to waive part of that pay in favor of disability benefits for a disability that arose after the divorce. Mr. Unikowsky argued that federal law pre-empted a state court’s ability to direct his client to indemnify his former spouse for the reduction in her portion of his retirement pay resulting from his post-divorce decision to take disability.</p> <p> Just nine days later, on March 29, Mr. Unikowsky appeared before the Court again, this time on behalf of Terry Honeycutt. Mr. Honeycutt, who was convicted of participating in a drug conspiracy with his brother, challenged a Sixth Circuit Court of Appeals order that he forfeit almost $70,000 in profits from the drug sales – proceeds that he never received.</p> <p> The <em>Kokesh</em> case has engendered a good deal of attention, as billions of dollars in potential liability could be at stake. Amicus briefs in support of Mr. Kokesh have been filed by organizations including the US Chamber of Commerce, the American Petroleum Institute and the Cato Institute, as well as by businessman and investor Mark Cuban, owner of the Dallas Mavericks.</p> <p> Mr. Unikowsky’s three Supreme Court appearances come on the heels of two wins he achieved during the Court’s last term, arguing and prevailing in <em><a href="https://jenner.com/library/news/14760">Commonwealth of Puerto Rico v. Luis M. Sanchez Valle et al.</a></em> and winning without argument in <em>V.L. v E.L.</em> In <em>Sanchez</em> <em>Valle</em>, the Court agreed with his argument that Puerto Rico and the United States may not each prosecute an individual for the same crime, because, for purposes of double jeopardy, Puerto Rico is not a separate sovereign.</p> <p> In <em><a href="https://jenner.com/library/news/14892">V.L. v. E.L.,</a></em> Mr. Unikowsky persuaded the Court to uphold the parental rights of an adoptive mother after her same-sex relationship with her children’s birth mother ended, ruling that the Constitution’s Full Faith and Credit Clause required Alabama to honor Georgia adoptions.</p> 18 Apr 2017 https://jenner.com/library/news/16742 https://jenner.com/library Firm Files Amicus Brief Challenging Ordinance Banning Sales of Sexual Devices <p> Jenner &amp; Block recently filed an <a href="/system/assets/assets/10122/original/Cato Amici Brief.PDF"><u>amicus brief</u> </a>in the Eleventh Circuit Court of Appeals on behalf of the DKT Liberty Project and Cato Institute, in a case challenging the constitutionality of a city ordinance criminalizing the sale of sexual devices.&nbsp; In an <em>en banc</em> review of <em>Flanigan’s Enterprises, Inc. of Georgia, et al. v. City of Sandy Springs, Georgia</em>, the appellate court will re-examine an earlier decision of a three-judge panel upholding the ordinance.&nbsp; That decision was based on a 2004 Eleventh Circuit precedent in <em>Williams v. Attorney General</em>, holding that an Alabama sex-toy sales ban did not violate the Fourteenth Amendment’s Due Process Clause.</p> <p> In the amicus brief filed on April 17, 2017, the firm team of Partner <a href="https://jenner.com/people/LindsayHarrison">Lindsay C. Harrison</a> and Associate <a href="https://jenner.com/people/KarthikReddy">Karthik P. Reddy</a> argue that <em>Williams </em>should be overruled <em>en banc</em> because it is inconsistent with more recent US Supreme Court precedent in <em>United States v. Windsor</em> (finding unconstitutional the Defense of Marriage Act’s definition of marriage as between a man and a woman) and <em>Obergefell v. Hodges </em>(recognizing same-sex marriage across the United States).&nbsp; Based on these decisions, the brief contends, the Supreme Court has explicitly recognized that the Constitution protects private sexual choices as fundamental, and urges the Eleventh Circuit to hold that the Due Process Clause protects a fundamental right to be free from governmental intrusion regarding private consensual sexual behavior.</p> <p> The DKT Liberty Project is a nonprofit whose mission is to promote individual liberty and defend the rights to privacy and personal autonomy.&nbsp; Cato Institute is a nonpartisan public-policy research foundation dedicated to advancing the principles of individual liberty, free markets and limited government.</p> 20 Apr 2017 https://jenner.com/library/news/16745 https://jenner.com/library Partners David Singer and Julie Shepard Discuss Mobile Rights for Live Streaming Sports <p> Jenner &amp; Block Partners <a href="https://jenner.com/people/DavidSinger" target="_blank">David R. Singer</a> and <a href="https://jenner.com/people/JulieShepard" target="_blank">Julie A. Shepard</a> are quoted in a recent article for <em>The Wrap</em> that examines why live streaming pro sports on mobile devices is so complicated. The article discusses how major pro sports leagues such as the National Football League are pitting broadcasters, mobile phone companies and streaming services against each other in the fight for broadcast rights. &nbsp;By doing so, the sports leagues are able to generate multiple streams of revenue for the same product. &nbsp;Mr. Singer and Ms. Shepard discuss how the transition from traditional cable to streaming devices is happening at a rapid pace and how the sports leagues see partnering with streaming platforms as a way to build an audience of younger viewers. &nbsp;As more and more sports fans switch from traditional cable to streaming, the lack of a unified mobile rights procedure may create issues for users seeking a seamless transition.</p> <p> To read the full article, please <a href="http://www.thewrap.com/why-streaming-nfl-games-on-your-phone-is-so-complicated-and-why-that-may-change/" target="_blank">click here</a>.</p> <p> &nbsp;</p> 20 Apr 2017 https://jenner.com/library/news/16746 https://jenner.com/library Jenner & Block Team Files Complaint For Injunctive Relief Over 'Suspicionless' Device Searches By Customs Officers <p> A team of Jenner &amp; Block attorneys recently filed a <a href="https://jenner.com/system/assets/assets/10123/original/Knight%20Institute%20DDC%20Complaint%201%2017-cv-00548.pdf">complaint</a> for injunctive relief on behalf of our client, the Knight First Amendment Institute at Columbia University, against the US Department of Homeland Security and US Immigration and Customs Enforcement, under the Freedom of Information Act (FOIA).&nbsp; The complaint asks that a FOIA request submitted by the Knight Institute to each defendant on March 15 be granted expedited review.&nbsp; The request seeks disclosure of records concerning suspicionless searches of individuals’ electronic devices at the nation’s borders.&nbsp; Directives issued in 2009 purport to authorize the search of travelers’ electronic devices—including cell phones, tablets and laptop computers—at the US border without individualized suspicion and to detain those devices indefinitely. The number of searches of electronic devices at the borders has risen sharply since 2015, with a marked increase in the first quarter of 2017.</p> <p> The Jenner &amp; Block team includes Partners <a href="https://jenner.com/people/ScottWilkens">Scott B. Wilkens</a>, <a href="https://jenner.com/people/SusanKohlmann">Susan J. Kohlmann</a> and <a href="https://jenner.com/people/MatthewHellman">Matthew S. Hellman</a> and Associates <a href="https://jenner.com/people/CarolineDeCell">Caroline M. DeCell</a>, <a href="https://jenner.com/people/JoshuaRubin">Joshua H.Rubin</a> and <a href="https://jenner.com/people/MichaelStewart">Michael E. Stewart.</a></p> 21 Apr 2017 https://jenner.com/library/news/16747 https://jenner.com/library Firm’s Trade Secret Win for Epic Systems Corp. Ranked Fifth Largest Verdict of 2016 <p> The <em>National Law Journal</em> has ranked the $940 million trade secrets verdict for Jenner &amp; Block client Epic Systems Corp. fifth on its list of the top 100 verdicts of 2016. &nbsp;Partner <a href="https://jenner.com/people/RickRichmond" target="_blank">Rick Richmond</a>, who led the Epic trial team, is quoted in the <em>National Law Journal</em>’s article summarizing the top verdicts of the year. &nbsp;He explains that the 10-day time limit imposed by the judge during the trial presented a particular challenge. &nbsp;The trial was bifurcated so each side had two opening statements and two closing arguments. &nbsp;On top of that, the plaintiff alone had 50 witnesses. &nbsp;To fit everything in within the 10-day limit required a creative and efficient approach. &nbsp;Mr. Richmond explains, “We narrowed the number of ‘live’ witnesses to a bare minimum [and] we substantially trimmed down the number of excerpts from the videotaped depositions that we showed to the jury.” &nbsp;The Top 100 Verdicts report is assembled by <em>National Law Journal </em>affiliate VerdictSearch.</p> <p> To read the full article, please <a href="http://www.law.com/sites/almstaff/2017/04/24/top-100-verdicts-2016-juries-return-four-billion-dollar-awards/" target="_blank">click here</a>.</p> 26 Apr 2017 https://jenner.com/library/news/16785 https://jenner.com/library Adam Unikowsky's Supreme Court "Hat Trick" Featured in Law360 <p> Jenner &amp; Block Partner <a href="https://jenner.com/people/AdamUnikowsky">Adam G. Unikowsky</a> is the subject of a<em>Law360</em> profile titled “<a href="https://jenner.com/system/assets/assets/10129/original/High%20Court%20Hat%20Trick%20Jenner%20Atty%20Appears%203%20Times%20In%20A%20Month.pdf">High Court Hat Trick:&nbsp; Jenner Atty Appears 3 Times in A Month</a>,” which was published on April 20, 2017.</p> <p> The article details Mr. Unikowsky’s three oral arguments before the US Supreme Court, presented between March 20 and April 18 this year.&nbsp; It underscored the amount of preparation, including multiple moot courts, that went into each argument, made particularly difficult because it was all occurring contemporaneously.</p> <p> The three appeals before the Court were <em>Howell v. Howell</em>, a dispute over an ex-wife’s share of a military veteran’s retirement benefits; <em>Honeycutt v. United States</em>, examining whether an individual convicted of conspiracy can be made to forfeit proceeds from the crime that he never received, under a joint liability theory; and <em>Kokesh v. Securities and Exchange Commission</em>, addressing a circuit split on whether the five-year statute of limitations in a general federal provision governing penalties and forfeitures applies to SEC claims for disgorgement of illegally obtained profits.&nbsp;</p> <p> Mr. Unikowsky, a former law clerk to the late Supreme Court Justice Antonin Scalia, told <em>Law360</em> that anticipating “left field questions” was key in his marathon stretch of high court arguments.&nbsp; “The justices are always extremely well prepared,” he said.&nbsp; “You have be extremely prepared … Anything is fair game.”</p> 26 Apr 2017 https://jenner.com/library/news/16786 https://jenner.com/library Lindsay Harrison to Debate on the Topic of Repealing and Replacing the US Constitution <p> On April 28, 2017, Partner <a href="https://jenner.com/people/LindsayHarrison" target="_blank">Lindsay C. Harrison</a> will be a guest on WNYC Studios’ podcast series “Persuade Me” hosted by Elie Mystal, managing editor of <em>Above the Law</em>. In the series, Mr. Mystal tries to convince the live audience of an unconventional position while debating another advocate with a more mainstream view. In this installment, Ms. Harrison and Mr. Mystal will debate on the topic of repealing and replacing the US Constitution. Ms. Harrison will argue in support of the existing Constitution, while Mr. Mystal will take an opposing stance. The debate will be judged by Kai Wright, editor and host of WNYC’s Narrative Unit and a columnist for&nbsp;<em>The Nation</em>&nbsp;magazine. The program will take place at The Green Space in New York and will be broadcast live as part of WNYC Studios’ Live Podcast Tapings series.</p> <p> To learn more, please <a href="http://www.thegreenespace.org/events/thegreenespace/2017/apr/28/persuade-me/" target="_blank">click here</a>.</p> 27 Apr 2017 https://jenner.com/library/news/16788