News Feed https://jenner.com/library News Description https://jenner.com/library Partner Larry Ellsworth Elected Chair of DC Bar Community <p> Jenner &amp; Block Partner <a href="http://jenner.com/people/LarryEllsworth">Larry P. Ellsworth </a>was recently elected chairman of the newly created DC Bar Corporation, Finance and Securities Law Community in the first election since the voluntary portion of the DC Bar was reorganized.</p> <p> Mr. Ellsworth is a partner in the firm's Litigation Department and a member of its Securities Litigation and Enforcement and Class Action Practices.&nbsp; He is a former assistant chief litigation counsel for the U.S. Securities and Exchange Commission’s Trial Unit.&nbsp; Mr. Ellsworth is a former chairman of the DC Bar’s Broker-Dealer Regulation and SEC Enforcement Committee and previously served as Chairman of the DC Bar’s Corporation, Finance and Securities Law Section and of the Administrative Law Section.</p> 18 Sep 2017 https://jenner.com/library/news/17376 https://jenner.com/library Commonwealth of Puerto Rico’s Official Committee of Retired Employees Retains Firm in Restructuring Case <p> On August 9, the District Court presiding over the Commonwealth of Puerto Rico’s restructuring case held omnibus hearings in San Juan and granted the formal application of the Official Committee of Retired Employees of the Commonwealth to employ Jenner &amp; Block in connection with the restructuring proceedings.&nbsp;</p> <p> During the same hearings, one of the matters considered was a motion by the University of Puerto Rico Retirement System, seeking to reconstitute the Official Retiree Committee, alleging that the Committee is not adequately representative of holders of retirement benefits in its current composition.&nbsp; Jenner &amp; Block, on behalf of the Committee, submitted a brief in opposition to the motion, along with the United States Trustee.&nbsp; After oral argument presented by Partner <a href="https://jenner.com/people/RobertGordon" target="_blank">Robert D. Gordon</a>, the Court denied the motion from the bench and subsequently filed a memorandum order to the same effect.&nbsp;</p> <p> In addition to Mr. Gordon, the team includes Partners <a href="https://jenner.com/people/RichardLevin" target="_blank">Richard Levin</a>, <a href="https://jenner.com/people/CatherineSteege" target="_blank">Catherine L. Steege</a>, &nbsp;<a href="https://jenner.com/people/MelissaRoot" target="_blank">Melissa M. Root</a>, <a href="https://jenner.com/people/CarterKlein" target="_blank">Carter H. Klein,</a> <a href="https://jenner.com/people/LindsayHarrison" target="_blank">Lindsay C. Harrison</a> and <a href="https://jenner.com/people/ElizabethEdmondson" target="_blank">Elizabeth A. Edmondson</a> and Associates <a href="https://jenner.com/people/CarlWedoff" target="_blank">Carl N. Wedoff</a>, <a href="https://jenner.com/people/JohnVanDeventer" target="_blank">John D. VanDeventer</a>, <a href="https://jenner.com/people/WilliamDreher" target="_blank">Will K. Dreher</a> and <a href="https://jenner.com/people/OliviaHoffman" target="_blank">Olivia Hoffman</a>, along with local firm Bennazar, García y Milián CSP.</p> 18 Sep 2017 https://jenner.com/library/news/17382 https://jenner.com/library Special Counsel Amna Arshad Selected to Leadership Role on ABA Young Lawyers Division Air & Space Law Committee <p> Jenner &amp; Block Special Counsel <a href="https://jenner.com/people/AmnaArshad">Amna Arshad</a> will serve as co-chair of the Committeefor a one-year tenure. The Committee’s mission is to help members connect with experienced air and space lawyers; create strong, lasting relationships; and help young lawyers venture into the field of aviation and space law.&nbsp; &nbsp;</p> <p> Ms. Arshad is a member of the firm’s Aviation and Aerospace Practice.&nbsp; With more than 10 years of diverse experience in the public and private sectors, she has represented major US and foreign air carriers and leading aviation-related entities including airports, aerospace manufacturers, travel distribution clients, drone operators and corporations in a variety of DOT/ FAA/NTSB federal regulatory, commercial and litigation matters.</p> 18 Sep 2017 https://jenner.com/library/news/17383 https://jenner.com/library Partner Neil Barofsky Offers Advice to Companies Facing a Criminal Investigation <p> Following his participation in a <a href="https://jenner.com/library/news/16746" target="_blank">panel discussion</a> earlier this year on the different ways that a corporation can respond to a criminal investigation, Jenner &amp; Block Partner <a href="https://jenner.com/people/NeilBarofsky" target="_blank">Neil M. Barofsky</a> was interviewed by <em>Metropolitan Corporate Counsel </em>on the same topic. Titled “Walking a Fine Line During a DOJ Investigation,” the article focuses on the hard decisions that companies under scrutiny may need to make in order to cooperate with investigators. Mr. Barofsky offers insight in response to a number of questions including, what general counsel need to understand about the risk of criminal liability, where companies should begin if faced with a criminal investigation and the ethical implications for inside and outside counsel during an internal investigation.</p> <p> To read the full interview, please click <a href="https://jenner.com/system/assets/assets/10336/original/Walking%20a%20Fine%20Line%20During%20a%20DOJ%20Investigation%20-%20Metropolitan%20Corporate%20Counsel%20-%20Barofsky.pdf" target="_blank">here</a>.</p> 19 Sep 2017 https://jenner.com/library/news/17384 https://jenner.com/library Firm’s Amicus Brief Challenges Trump Administration’s Travel Ban <p> Jenner &amp; Block submitted an <a href="https://jenner.com/system/assets/assets/10337/original/harrison%20trump%20travel%20ban%20amicus%20brief.pdf">amicus brief</a> before the US Supreme Court, challenging the Trump administration’s ban on entry into the United States by people from six Muslim-majority countries.&nbsp; Filed on behalf of 31 major colleges and universities, the brief argues that the ban “both threatens American higher education and offends important, defining principles of our country.”</p> <p> The Court is scheduled on Oct. 10 to hear oral arguments in the matter, which stems from the administration’s revised order in March to block citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen from entering the United States.</p> <p> “The Order directly threatens amici<em>’s</em> ability to attract persons not only from the six specified countries, but from around the world.&nbsp; The Order contradicts the values that American colleges and universities have traditionally touted as benefits of studying and working here, including the freedom of religion and equality embodied in the First and Fourteenth Amendments,” according to the brief.</p> <p> The same colleges and universities filed <a href="https://www.princeton.edu/news/2017/03/31/princeton-and-other-universities-support-challenge-second-executive-order-travel">a brief in March</a> with the U.S. Court of Appeals for the Fourth Circuit after the Trump administration appealed a Maryland federal judge’s nationwide preliminary injunction against the travel ban.&nbsp; In April, they submitted a brief with the U.S. Court of Appeals for the Ninth Circuit regarding a similar challenge before that court.&nbsp; Both of those cases are now before the US Supreme Court.</p> <p> The brief was written by Partners <a href="https://jenner.com/people/ThomasPerrelli">Thomas J. Perrelli</a> and <a href="https://jenner.com/people/LindsayHarrison">Lindsay C. Harrison</a> and Associate <a href="https://jenner.com/people/TassityJohnson">Tassity S. Johnson</a>.</p> 18 Sep 2017 https://jenner.com/library/news/17392 https://jenner.com/library Partner Ronald Peterson Takes Leadership Role with National Association of Bankruptcy Trustees <p> Jenner &amp; Block Partner <a href="https://jenner.com/people/RonaldPeterson">Ronald R. Peterson</a> is serving as the 36<sup>th</sup> president of National Association of Bankruptcy Trustees.&nbsp; The Association is “the voice of the Chapter 7 bankruptcy trustee community, serving its interests and needs through education, communication and promotion of the profession.”</p> <p> Mr. Peterson served as a director of the Association since 2008 and as a member from 1991 to 2007.&nbsp; A fellow of the American College of Bankruptcy, he focuses primarily on representing debtors, trustees, creditors, committees, landlords and secured lenders in Chapter 11 cases.</p> 26 Sep 2017 https://jenner.com/library/news/17407 https://jenner.com/library Partner David Saunders Discusses Ransomware Attacks in the Healthcare Industry <p> Jenner &amp; Block Partner <a href="https://jenner.com/people/DavidSaunders">David P. Saunders </a>is featured in an article in <em>Inside Counsel</em> titled “<a href="http://www.insidecounsel.com/2017/09/28/the-global-cyber-attack-on-healthcare?slreturn=1506699992">The Global Cyber Attack on Healthcare</a>” (<em>subscription required</em>).&nbsp; He explains that going for medical treatment is “a scary enough experience.”&nbsp; “Now imagine a world in which patients are told by their doctors, hospitals, and other healthcare providers that they must wait, go to another facility, or worse yet, have their treatment postponed because the healthcare provider cannot access necessary records or machinery.&nbsp; Such is the age we live in,” Mr. Saunders observes.&nbsp; He offers key strategies for companies to defend against the next cyber attack.</p> <p> Mr. Saunders is a member of the firm’s Privacy and Information Governance Practice.&nbsp; Using his litigation experience, he helps clients in the privacy space, advising on policies, contracts, and data breach response.</p> 28 Sep 2017 https://jenner.com/library/news/17417 https://jenner.com/library Partner Ian Heath Gershengorn Discusses the New US Supreme Court Term <p> Jenner &amp; Block Partner <a href="https://jenner.com/people/IanGershengorn">Ian Heath Gershengorn</a> discussed the new US Supreme Court term in a <a href="https://www.law360.com/podcasts?podcast_article_promo=1">podcast</a> sponsored by <em>Law360</em> and in an <a href="https://www.washingtonpost.com/politics/courts_law/2017/10/01/38d5bbc2-a521-11e7-b14f-f41773cd5a14_story.html?utm_term=.f79afdc62e10">article</a> in the <em>Washington Post</em>. In the podcast, Mr. Gershengorn explained that the term could be a blockbuster, as a Supreme Court that is back to full strength takes on a number of important and highly charged issues.&nbsp; In the <em>Post</em> article, he is quoted saying, “We’ve heard the last term described as the calm before the storm.&nbsp; I think we may get to see the storm in this next sitting.”&nbsp; The term started Monday, October 2, 2017.</p> <p> Mr. Gershengorn is chair of the firm’s Appellate and Supreme Court Practice and is one of the nation’s premier Supreme Court and appellate advocates.&nbsp;&nbsp; Before joining the firm in 2017, he served in the Office of the Solicitor General at the US Department of Justice, first as Principal Deputy Solicitor General and then as Acting Solicitor General of the United States, a position he held from June 2016 until the end of the Obama administration in January 2017.</p> 2 Oct 2017 https://jenner.com/library/news/17423 https://jenner.com/library Firm Represents General Dynamics in $1.0 Billion Bond Offering <p> On September 14, Jenner &amp; Block client General Dynamics completed a public offering of an aggregate of $1.0 billion of notes that are guaranteed by certain of the client’s key operating subsidiaries. The notes consist of $500 million of 2.375% Notes due 2024 and $500 million of 2.625% Notes due 2027. This public offering was registered with the Securities and Exchange Commission using the client’s shelf registration statement that we filed in March 2015. The transaction was launched on Monday, September 11 and was priced later that day after a brief period of marketing by the client’s underwriters, led by J.P. Morgan Securities, BofA Merrill Lynch and BBVA Securities. The client plans to use the net proceeds of the offering to repay $900 million principal amount of existing notes upon their maturity in November and for general corporate purposes.</p> <p> The Jenner &amp; Block team was led by Partners <a href="https://jenner.com/people/JosephGromacki">Joseph P. Gromacki</a> and <a href="https://jenner.com/people/BrianBoch">Brian R. Boch</a> and included Partner <a href="https://jenner.com/people/DavidLynn">David M. Lynn</a> and <a href="https://jenner.com/people/BrianHart">Brian S. Hart</a> and Associates <a href="https://jenner.com/people/JeremyCasper">Jeremy A. Casper</a> and <a href="https://jenner.com/people/AmyInagaki">Amy Inagaki</a> from the Corporate Practice; Partner <a href="https://jenner.com/people/EGrayson">E. Lynn Grayson</a> from the Environmental and Workplace Health and Safety Practice; Partner <a href="https://jenner.com/people/GeoffreyDavis">Geoffrey M. Davis</a> and Associate <a href="https://jenner.com/people/RafiMottahedeh">Rafi W. Mottahedeh</a> from the Tax Practice and Associate <a href="https://jenner.com/people/GrantSchweikert">Grant B. Schweikert</a> from the Government Contracts Practice.</p> 3 Oct 2017 https://jenner.com/library/news/17428 https://jenner.com/library Partner Christian Tuddenham Featured in <i>Risk & Compliance</i> Magazine <p> Jenner &amp; Block Partner <a href="https://jenner.com/people/ChristianTuddenham">Christian Tuddenham</a> participated in a roundtable discussion on the subject of “Fraud, Asset Tracing and Recovery: International Challenges”for <em>Risk &amp; Compliance</em> magazine.&nbsp; “The modus operandi of any fraudster is often specific to his or her environment, and the opportunities and weaknesses inherent within that environment,” he tells <em>Risk &amp; Compliance</em>.&nbsp; “It is therefore essential for any adviser to&nbsp; understand the operations and business model of the organization in question before he or she will be in a position to help design protections against potential fraudsters.”&nbsp; Looking ahead to the next year and beyond, Mr. Tuddenham anticipates that data and cyber security weakness will be an area of focus – both for those who commit fraud and those fighting to stop it.&nbsp; Mr. Tuddenham also comments on the developing face of English jurisprudence with regard to piercing the corporate veil and identifies some of the key factors and strategies in successful international asset recovery and enforcement.</p> <p> Mr. Tuddenham is a solicitor-advocate and member of the firm’s Complex Commercial Litigation Practice. He advises financial institutions and companies worldwide across a range of specialisms in both litigation and arbitration, including securities litigation, fraud and economic tort claims, shareholder and joint venture disputes, and asset tracing/enforcement matters. He also advises and represents organisations and individuals in connection with public and private investigations.</p> 4 Oct 2017 https://jenner.com/library/news/17436 https://jenner.com/library Partner Jessica Ring Amunson Makes Two Appearances before US Supreme Court <p> Jenner &amp; Block Partner <a href="https://jenner.com/people/JessicaAmunson">Jessica Ring Amunson</a>, co-chair of the firm’s Appellate and Supreme Court Practice, made two appearances before the US Supreme Court in the Court’s first week of the new term.</p> <p> On October 3, 2017, Ms. Amunson sat as second chair to firm alum Paul Smith, who now serves as vice president of Litigation and Strategy at the Campaign Legal Center, in the high-profile gerrymandering case <em>Gill v. Whitford</em>.&nbsp; The Center and the firm, representing the Democratic plaintiffs, argue that partisan gerrymandering claims are justiciable and, similar to racial gerrymandering, violate voters’ rights to be treated equally.&nbsp;&nbsp; They seek to affirm that the lower court correctly held that Wisconsin’s Assembly districts were unconstitutional partisan gerrymanders.&nbsp;</p> <p> An article in <em><a href="http://www.nationallawjournal.com/supremecourtbrief/id=1202799424413">The National Law Journal</a></em> (<em>subscription required</em>) noted that Ms. Amunson would both appear alongside Mr. Smith in <em>Gil</em> and also argue before the Court for the first time.&nbsp; That case is <em>Class v. United States</em>; Ms. Amunson represents Rodney Class, a man convicted of possessing firearms on US Capitol grounds.&nbsp; He argues that his guilty plea doesn’t bar him from appealing the conviction on Second Amendment grounds.&nbsp; “Our moot courtroom here at Jenner &amp; Block has gotten a lot of use over the past couple of weeks,” Ms. Amunson said in the <em>National Law Journal</em> article.&nbsp; “It has been very helpful in preparing for my first argument at the court to have the assistance and insight of my many Jenner colleagues who have already been through this experience themselves.”</p> <p> Arguments in <em>Class</em> were held on October 4, 2017.&nbsp; In a <em><a href="https://essential.bna.com/login/signin?msg=deny&amp;url=https%3A%2F%2Fwsauth.bna.com%2Fwsauth%2Fblawauth%3Ftarget%3Dhttps%3A%2F%2Fwww.bloomberglaw.com%2Fdocument%2FOXBP2V3H65TS%3Fbc%3DW1siU2VhcmNoIFJlc3VsdHMiLCIvbmV3cy9hZHZhbmNlZF9zZWFyY2gvc2VhcmNoL3Jlc3VsdHMvYTc4ZDFiNjE2YTI4Zjg5Y2NkZjNkZTQ5MzBmN2ZiYTMiXV0--b601a8409931658d07cad154597944af3ab2355e%26headlineOnly&amp;lddty=-518&amp;pcv=">Bloomberg Law</a></em> article covering the arguments (<em>subscription required</em>), Ms. Amunson is quoted saying that her client is not challenging his factual guilt but rather the statute itself.&nbsp; Therefore, she said, Mr. Class may be guilty under the statute but the government still cannot constitutionally prosecute and convict him.</p> <p> In addition to Ms. Amunson, others on the team representing Mr. Class include Associates <a href="https://jenner.com/people/JoshuaParker">Joshua M. Parker</a>, <a href="https://jenner.com/people/CorinneSmith">Corinne M. Smith</a> and <a href="https://jenner.com/people/LeonardPowell">Leonard R. Powell</a>.</p> 5 Oct 2017 https://jenner.com/library/news/17437 https://jenner.com/library Patrick Pearsall Discusses What a Future Trade Agreement Between the UK and the US Might Look Like <p> Jenner &amp; Block Partner <a href="https://jenner.com/people/PatrickPearsall" target="_blank">Patrick W. Pearsall</a> participated in a <a href="https://lawofnationsblog.com/2017/10/04/podcast-6-predictions-post-brexit-ukus-trade-agreement/" target="_blank">podcast</a> titled “Predictions for a Post-Brexit UK/US Trade Agreement” as part of the <em>Law of Nations</em>’ ongoing series. Mr. Pearsall lent his insight as former chief of investment arbitration at the US State Department and shared his thoughts on what a future trade agreement between the United Kingdom and United States might look like. He was joined by Luis González García, Brexit expert and former deputy general counsel for international trade negotiations of the Government of Mexico. The podcast first aired on October 4, 2017.</p> 6 Oct 2017 https://jenner.com/library/news/17442 https://jenner.com/library Firm Secures Dismissal of Class Suit Against FanDuel <p> Jenner &amp; Block won a victory for daily fantasy sports company FanDuel Inc. when a judge dismissed a putative class action filed by former college football players. Suing under Indiana’s right-of-publicity laws, the athletes objected to the use of their “names and likenesses” in online fantasy sports gaming sites run by FanDuel and another daily fantasy sports company, DraftKings Inc. On September 29, the US District Court for the Southern District of Indiana held that the companies could use the athletes’ names and statistics under express statutory exemptions to Indiana’s right-of-publicity law because the players’ names and statistics were of public interest and had “newsworthy value.” The team representing FanDuel Inc. included Partner <a href="https://jenner.com/people/KennethDoroshow">Kenneth L. Doroshow</a>. News of the dismissal was reported in <a href="https://www.bloomberglaw.com/product/blaw/exp_blp/ewogICAgImN0eHQiOiAiRE9DIiwKICAgICJpZCI6ICJYNE82NkZDQzAwMDAwMD9yZXNvdXJjZV9pZD05ZjEzOWM0NjFmNmY3OGU2ZjVkNWYwZGMyYmRmMDhjZCIsCiAgICAic2lnIjogImJiT0pqYkVvYTFCa2U4ZlJNRlA3UjFHcXRVTT0iLAogICAgInRpbWUiOiAiMTUwNzEzMzAyOCIsCiAgICAidXVpZCI6ICJcL3F3ZlhSVTNDRXNETzdcL0NhdTFScFE9PVwvVTJ3SzFYV1ZpeFVhcUUxb0NyU2VBPT0iLAogICAgInYiOiAiMSIKfQo=?emc=BLAW:148336473:5">Bloomberg</a>.</p> 9 Oct 2017 https://jenner.com/library/news/17444 https://jenner.com/library Partner Todd Toral Featured in the Daily Journal for His Fund-Raising Efforts for Veterans <p> Jenner &amp; Block Partner <a href="https://jenner.com/people/ToddToral">Todd C. Toral</a> is featured in a <em>Daily Journal</em> <a href="https://jenner.com//system/assets/assets/10383/original/Toral%20Daily%20Journal%20Oct%206%202017.pdf">profile </a>that focuses on his fund-raising efforts on behalf of veterans.&nbsp; The profile highlights Mr. Toral’s participation in Ironman triathlons, including the 2016 Ironman Wisconsin, at which a competitor accidentally punched him in the right eye during the swim.&nbsp; A former Marine Corps infantry captain, Mr. Toral kept going and collected around $25,000 for the nonprofit Semper Fi Fund.&nbsp; He and his training partner – who is quoted saying, “There’s no quit in Todd Toral” – are now gathering donations and training for the Ironman Santa Rosa, scheduled for May 2018.&nbsp; “They need resources. And if I can do these events, which give me joy and pleasure, while at the same time raising awareness and money for those who can’t, that sounds like a good way to spend my time,” Mr. Toral says.</p> <p> Mr. Toral is an accomplished commercial litigator with significant experience handling complex litigation and cross-border matters. He practices in the firm’s Complex Commercial Litigation Practice.</p> 6 Oct 2017 https://jenner.com/library/news/17453 https://jenner.com/library Associate Jonathan Beitner Joins ABA Group on Attorney Well-Being <p> Jenner &amp; Block Associate <a href="https://jenner.com/people/JonathanBeitner">Jonathan A. Beitner</a> was recently appointed to the ABA’s Working Group to Advance Well-Beingin the Legal Profession.&nbsp; The group’s members come from around the country and are charged with developing ways to promote well-being in the profession.&nbsp; Mr. Beitner’s tenure runs through August 2018.</p> <p> Mr. Beitner is a member of the firm’s Litigation Department. He is a frequent author and speaker on issues related to lawyer well-being.</p> <p> &nbsp;</p> 13 Oct 2017 https://jenner.com/library/news/17462 https://jenner.com/library Partner Samuel Feder Discusses the Need to Streamline Review of Transactions in the Communications Industry <p> Jenner &amp; Block Partner <a href="https://jenner.com/people/SamuelFeder">Samuel L. Feder</a> is speaking and writing on the topic of regulatory reform in the communications industry.</p> <p> On October 18, 2017, he will be a panelist in a session sponsored by the Georgetown Center for Business and Public Policy.&nbsp; Titled “Will Ideology Block Opportunity? Regulatory Reform in the Communications Sector,” the panel will feature a “robust” discussion of regulatory reform options in the communications sector.&nbsp; Click <a href="https://www.eventbrite.com/e/will-ideology-block-opportunity-regulatory-reform-in-the-communications-sector-tickets-38594334694">here</a> for information on the panel.</p> <p> In a <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3054194">paper</a> that he wrote on the subject, Mr. Feder explains that companies in the communications industry must submit to various regulatory requirements before they can proceed with transactions.&nbsp; “Whether engaging in significant transactions (such as acquisitions or mergers) or even small ones (such as intra-family corporate reorganizations or taking on secured debt), companies holding communications licenses frequently must obtain signoffs from both state and multiple federal regulators before their transactions can move forward,” he observes.&nbsp;</p> <p> Mr. Feder argues that the process should be reformed.&nbsp; He proposes concrete reforms that would help the Federal Communications Commission and state public utilities commissions focus their regulatory review on matters “within their core expertise.”&nbsp; Under his proposals, these agencies would then be limited in the way they “unnecessarily obstruct transactions in the public interest.”&nbsp; The paper is published by SSRN, which disseminates research worldwide and is composed of a number of specialized research networks.</p> 17 Oct 2017 https://jenner.com/library/news/17468