News Feed https://jenner.com/library News Description https://jenner.com/library Partner Patrick Pearsall to Serve as 2017 Steering Committee Member of CPR’s Y-ADR Program <p> On July 24, 2017, the International Institute for Conflict Prevention and Resolution (CPR) announced the 2017 Steering Committee members for its Young Attorneys in Alternative Dispute Resolution (Y-ADR) program. Jenner &amp; Block Partner <a href="https://jenner.com/people/PatrickPearsall" target="_blank">Patrick W. Pearsall</a>, a current Steering Committee member who joined in January 2016, will continue to serve his two-year term through 2018. Y-ADR program participants consist of lawyers under the age of 46 or those with fewer than eight years of international ADR experience. Throughout the year, members attend seminars and participate in various initiatives to network with in-house counsel and learn more about dispute resolution processes in corporations and multinational organizations. The Y-ADR Steering Committee is the leadership group for the Y-ADR and members are selected through a competitive process.</p> <p> Mr. Pearsall is chair of the firm's Public International Law Practice and a member of the International Arbitration, the Government Controversies and Public Policy Litigation, and the Energy Practices. He has extensive experience representing sovereigns and investors in multi-billion dollar international disputes.</p> <p> To learn more about CPR’s Y-ADR program, please <a href="https://www.cpradr.org/news-publications/press-releases/2017-07-24-cpr-announces-new-y-adr-steering-committee-for-2017" target="_blank">click here</a>.&nbsp;</p> 26 Jul 2017 https://jenner.com/library/news/17221 https://jenner.com/library Firm Team Represents Schneider Electric in $1.25 Billion Acquisition of ASCO Power <p> A multidisciplinary firm team represented Schneider Electric in its acquisition of the ASCO Power business from Vertiv Group Corporation for approximately $1.25 billion.&nbsp; Schneider Electric will purchase the securities of ASCO Power Technologies, L.P., ASCO Power GP, LLC, ASCO Power Services, Inc. and the assets of 23 affiliated foreign entities.&nbsp;</p> <p> Schneider Electric is a global specialist in energy management and automation.&nbsp; ASCO is a global manufacturer and seller of automatic transfer switches, power control systems and industrial control products.&nbsp; According to a <a href="http://www.schneider-electric.com/ww/en/documents/finance/2017/07/27-release-asco-acquisition-tcm50-318917.pdf">press release</a> from Schneider Electric, the acquisition “further enhances Schneider Electric’s value proposition in the end-to-end energy management chain for customers in healthcare, financial services, datacenters and other critical buildings.”</p> <p> Partner <a href="https://jenner.com/people/MercedesHill">Mercedes M. Hill</a> led the team, which included corporate counsel from Associates <a href="https://jenner.com/people/JeremyCasper">Jeremy A. Casper</a>, <a href="https://jenner.com/people/BreanneLong">Breanne K. Long</a> and <a href="https://jenner.com/people/YoungWooCho">Young Woo (Ariel) Cho</a>; real estate counsel from Partner <a href="https://jenner.com/people/KristenBoike">Kristen M. Boike</a> and Associate <a href="https://jenner.com/people/AndrewCarlins">Andrew S. Carlins</a>; tax counsel from Partner <a href="https://jenner.com/people/GeoffreyDavis">Geoffrey M. Davis</a>; employee benefits counsel from Partner <a href="https://jenner.com/people/SLing">S. Tony Ling</a>; environmental counsel from Partner <a href="https://jenner.com/people/EGrayson">E. Lynn Grayson</a>; labor and employment counsel from Of Counsel <a href="https://jenner.com/people/EmmaSullivan">Emma J. Sullivan</a>; intellectual property counsel from <a href="https://jenner.com/people/AdamPetravicius">Adam Petravicius</a>; antitrust counsel from Partner <a href="https://jenner.com/people/LeeVanVoorhis">Lee K. Van Voorhis</a>; international regulatory counsel from Partner <a href="https://jenner.com/people/AndrewIrwin">Andrew D. Irwin</a>; and due diligence assistance from Associates <a href="https://jenner.com/people/WeiXu">Wei Xu</a> and <a href="https://jenner.com/people/RitaFeikema">Rita L. Feikema</a> and Discovery Attorney Kathleen Olivi.</p> 27 Jul 2017 https://jenner.com/library/news/17232 https://jenner.com/library Partner Gayle Littleton Appointed to the Chicago Crime Commission’s Board of Directors <p> Jenner &amp; Block Partner <a href="https://jenner.com/people/GayleLittleton">Gayle Littleton</a> was selected to serve on the Chicago Crime Commission’s Board of Directors. &nbsp;</p> <p> The <a href="http://www.chicagocrimecommission.org/">Chicago Crime Commission</a> is a non-partisan, not-for-profit organization of civic leaders committed to improving the quality of public safety and justice.&nbsp; Since 1919 the Chicago Crime Commission has worked towards improving the criminal justice system in Chicago by creating and supporting solutions to crime.&nbsp; The Commission was the first to release a list of top criminals in the area, which featured gangster Al Capone as &quot;public enemy number one.&quot;&nbsp; The FBI later adopted this list and transformed it into the FBI's &quot;most wanted.&quot;</p> <p> “The addition of Ms. Littleton to our board ensures that we are remaining receptive to the concerns of the business and civic leaders whom we represent and, just as importantly, allows us to take advantage of diverse perspectives and ideas to provide the most effective solutions to the crime plaguing our community,&quot; said J.R. Davis, chairman and president of the organization. &nbsp;</p> <p> Ms. Littleton is a member of the firm’s Investigations. Compliance and Defense Practice. &nbsp;She regularly conducts corporate internal investigations and advises clients on Foreign Corrupt Practices Act and regulatory compliance matters.</p> 1 Aug 2017 https://jenner.com/library/news/17234 https://jenner.com/library Firm Achieves Three Victories for Exelon in 11 Days <p> Jenner &amp; Block won three important litigation victories in 11 days for firm client Exelon.&nbsp;&nbsp;</p> <p> Two cases, one in the Northern District of Illinois and the other in the Southern District of New York, concern Zero Emissions Credit programs adopted by Illinois and New York to compensate nuclear power plants for the environmental benefits of producing electricity without emitting greenhouse gases.&nbsp; Challengers – consisting of fossil fuel generators in both cases and retail electric customers in Illinois – argued that the programs were preempted by the Federal Power Act because they affected wholesale power prices and interfered with wholesale power auctions regulated by the Federal Energy Regulatory Commission and that they violated the Dormant Commerce Clause because they favored in-state plants at the expense of out-of-state competitors.&nbsp;&nbsp; The cases have broad significance for states’ ability to promote environmentally friendly power plants – including not only nuclear plants, but also wind and solar – consistent with the division of federal/state authority under the Federal Power Act.&nbsp;</p> <p> The firm won on motions to dismiss in both cases (on July 14 in Illinois and on July 25 in New York).&nbsp; The courts ruled in Exelon’s favor on every issue presented – standing, whether there is a preemption cause of action, and the merits of the preemption and Commerce Clause claims.&nbsp; The programs will facilitate the continued operation of three nuclear plants in New York, and later this fall, the Illinois Commerce Commission and Illinois Power Agency will select the nuclear plants that will participate in the Illinois program.&nbsp;&nbsp; The team on these matters was led by Partner <a href="https://jenner.com/people/MatthewPrice">Matthew E. Price</a>, assisted by Partners <a href="https://jenner.com/people/DavidDebruin">David W. DeBruin</a>, <a href="https://jenner.com/people/IshanBhabha">Ishan K. Bhabha</a>, <a href="https://jenner.com/people/ElizabethEdmondson">Elizabeth A. Edmondson</a> and <a href="https://jenner.com/people/GabrielFuentes">Gabriel A. Fuentes</a>; Associates <a href="https://jenner.com/people/WilliamDreher">William K. Dreher</a>, <a href="https://jenner.com/people/ZacharySchauf">Zachary C. Schauf </a>and <a href="https://jenner.com/people/CorinneSmith">Corinne M. Smith</a>; Paralegal Cheryl L. Olson; and Project Assistant Kafayat O. Adeaga.</p> <p> Mr. DeBruin led the team that won the third case, a challenge to Exelon’s multi-billion dollar merger with PHI Holdings, which, among other things, owns Pepco, the utility serving Washington, DC and the Maryland suburbs.&nbsp; The merger, which was rejected twice by the DC Public Service Commission before it was finally approved, involved a complex negotiation and approval process not only in DC, but also in Maryland, New Jersey and Delaware.&nbsp; It was challenged in the DC Court of Appeals by the District of Columbia, the Office of People’s Counsel and other groups.&nbsp; On July 20, the court affirmed the merger approval.&nbsp; Assisting Mr. DeBruin were Mr. Schauf, Mr. Price and Ms. Olson.</p> 2 Aug 2017 https://jenner.com/library/news/17237 https://jenner.com/library Jenner & Block Insights Video: 2016 Supreme Court Term in Review <p> <iframe allowfullscreen="" frameborder="0" height="255" mozallowfullscreen="" src="https://player.vimeo.com/video/229135171" webkitallowfullscreen="" width="450"></iframe></p> <p> At Jenner &amp; Block’s annual Supreme Court Term in Review program, the firm’s leading appellate lawyers discussed the US Supreme Court’s 2016 Term, implications of Justice Neil Gorsuch’s addition to the Court, the Court’s relationship with the Trump administration and what to expect next Term.<br /> <br /> Other topics included a review of significant business, securities, First Amendment and voting rights cases.<br /> <br /> The program’s panelists included Ian Gershengorn, incoming partner and chair of the Appellate and Supreme Court Practice, <a href="https://jenner.com/people/JessicaAmunson">Jessica Ring Amunson</a>, partner and co-chair of the Appellate and Supreme Court Practice, <a href="https://jenner.com/people/MatthewHellman">Matthew S. Hellman</a>, partner and co-chair of the Appellate and Supreme Court Practice, <a href="https://jenner.com/people/AdamUnikowsky">Adam Unikowsky</a>, partner and Erica Ross, former partner who recently joined the Office of the Solicitor General.</p> 10 Aug 2017 https://jenner.com/library/news/17267 https://jenner.com/library Firm Partners Elected to Leadership Roles on the CBA’s Alternative Dispute Resolution Committee <p> Two Jenner &amp; Block partners have been elected to leadership roles Chicago Bar Association’s Alternative Dispute Resolution Committee.&nbsp; Partner <a href="https://jenner.com/people/AndrewMerrick">Andrew F. Merrick</a> has been elected chairman and Partner <a href="https://jenner.com/people/CaseyGrabenstein">Casey T. Grabenstein</a> has been elected vice chairman.&nbsp; The Committee promotes and educates Chicago lawyers on issues relating to alternative dispute resolution, including arbitration and mediation.</p> <p> Mr. Merrick is a member of the firm’s International Arbitration, Complex Commercial Litigation and Class Action Practices.&nbsp;&nbsp; He represents corporations and individuals in a variety of complex commercial litigation disputes in state and federal courts and alternative dispute resolution forums across the United States and abroad.&nbsp; He previously served as the Committee’s vice chairman.</p> <p> Mr. Grabenstein represents corporations in complex commercial litigation disputes in state and federal courts and arbitration forums across the United States.&nbsp;&nbsp; He has significant experience representing Fortune 500 and other major companies at the trial and appellate level in a wide range of cases, including breach of contract, product liability, toxic torts, trade secrets, securities fraud, and intellectual property matters.</p> 11 Aug 2017 https://jenner.com/library/news/17270 https://jenner.com/library Matthew Hellman and Geoffrey Davis Discuss Facing the Government in Federal Tax Code Case <p> Jenner &amp; Block Partners <a href="https://jenner.com/people/MatthewHellman">Matthew S. Hellman</a> and <a href="https://jenner.com/people/GeoffreyDavis">Geoffrey M. Davis</a> are featured in an article about <em>Marinello v. United States</em>, a high-profile case set to be argued before the US Supreme Court this fall.&nbsp; Titled “<a href="http://www.nationallawjournal.com/id=1202795342329/Jenner-Lawyers-Attack-Uber-Tax-Crime-Law-in-New-High-Court-Term?mcode=1202615432992&amp;curindex=1&amp;curpage=ALL&amp;slreturn=20170714111001">Jenner Lawyers Attack ‘Uber Tax Crime Law’ in New High Court Term</a>,” the article in <em>The National Law Journal (subscription required</em>) explains that the Court will be asked to decide whether Internal Revenue Code Section 7212 (a) requires proof that the defendant acted with knowledge of a pending IRS action or proceeding.&nbsp; Mr. Hellman and Mr. Davis lead the team representing the petitioner, Carlo Marinello, on a pro bono basis.&nbsp; The article quotes Mr. Hellman's argument that prosecutors are using an “omnibus” clause in the tax code as an “uber tax-crime statute” that puts unwary businesses and individuals at risk.&nbsp; “This isn’t even a statute – it’s a clause in a statute that has been turned into the all-purpose tax felony,” Mr. Davis observes.</p> <p> To read more about <em>Marinello</em>, please click <a href="https://jenner.com/library/news/17186">here</a>.</p> 14 Aug 2017 https://jenner.com/library/news/17275 https://jenner.com/library Firm Files Amicus Brief On Behalf of the ABA In Challenge to Unlawful Money-Bail Systems <p> On August 9, 2017, Jenner &amp; Block filed an <a href="https://jenner.com//system/assets/assets/10321/original/ABA_Harris_Co_Bail_AMENDED%20Amicus%20brief.pdf">amicus brief</a> in the Fifth Circuit Court of Appeals on behalf of the American Bar Association (ABA), in suit challenging the constitutionality of Harris County, Texas’ money-bail system’s practice of detaining defendants prior to trial.</p> <p> In <em>O’Donnell v. Harris County</em> and <em>McGruder et. al. v. Harris County</em>, the plaintiffs were arrested under misdemeanor charges and bail was set at prescheduled amounts, which they could not pay. &nbsp;A federal district court ruled that the predetermined bail schedule was treated as a “nearly irrebuttable presumption in favor of applying secured money bail at the prescheduled amount.” The court issued a preliminary injunction ordering the court to release misdemeanor defendants on personal bond – not secured by cash in advance - within 24 hours of being arrested. Harris County appealed to the US Court of Appeals for the Fifth Circuit.</p> <p> The brief in support of the plaintiffs argues that money-bail systems that fail to consider adequately a defendant’s ability to pay violate the ABA’s criminal justice standards and that jailing otherwise release-eligible defendants because they cannot buy their freedom is unconstitutional.&nbsp; It explains that, after studying the issue over many decades, the ABA has concluded that money bail harms criminal defendants, does not serve the fair and proper administration of justice, and does not advance public safety or the interest of justice.&nbsp; The brief also explains that a consensus has developed that money-bail schemes are unfair and do not work.&nbsp; It urges the Fifth Circuit to affirm the decision of the federal district court.</p> <p> The Jenner &amp; Block team includes Partner <a href="https://jenner.com/people/LindsayHarrison">Lindsay C. Harrison</a> and Associates <a href="https://jenner.com/people/PeterGoldschmidt2">Peter A. Goldschmidt</a> and <a href="https://jenner.com/people/GraceCSignorelliCassady">Grace C. Signorelli-Cassady</a>.</p> 9 Aug 2017 https://jenner.com/library/news/17277 https://jenner.com/library Partner Suedeen Kelly Featured in Podcast about FERC <p> Jenner &amp; Block Partner <a href="https://jenner.com/people/SuedeenKelly">Suedeen G. Kelly</a> was featured in a <a href="https://soundcloud.com/user-179076100/ep7-mysterious-frontiers-the-new-ferc">podcast</a> hosted by Goodgrid on August 9, 2017.&nbsp; Titled “Mysterious Frontiers: The New FERC,” the podcast explored the “new” Federal Energy Regulatory Commission.&nbsp; Now that the Senate has confirmed the appointment of two commissioners, FERC has a quorum for taking action and making decisions.&nbsp; Ms. Kelly, a FERC commissioner from 2003 to 2009, offers her insight on the commissioners and looks ahead to issues likely to come before the new FERC.&nbsp; These include electricity wholesale power market design and transmission planning, and Ms. Kelly provides her thoughts on how the Commission might proceed with them.&nbsp;</p> <p> Goodgrid is a clean energy and advanced grid strategy and policy consulting firm.&nbsp; Ms. Kelly was interviewed by the firm’s founder, Allison Clements.</p> 9 Aug 2017 https://jenner.com/library/news/17279 https://jenner.com/library Special Counsel David Sussman Named Co-Chair of the New York City Bar Association’s Sports Law Committee <p> Jenner &amp; Block Special Counsel <a href="https://jenner.com/people/DavidSussman" target="_blank">David W. Sussman</a> was named co-chair of the New York City Bar Association’s Sports Law Committee. The <a href="http://www.nycbar.org/member-and-career-services/committees/sports-law-committee" target="_blank">Sports Law Committee</a> explores current legal issues across professional and amateur sports, including labor-management relations and collective bargaining, intellectual property licensing and protection, antitrust issues, drug and performance-enhancing drug testing, amateurism and international sports law. Members of the Committee include representatives from major sports leagues, players' unions and player agents, professional teams, sports-related media firms and law firms with specialties in sports law. The Committee has organized a wide range of panels addressing important legal issues in the world of professional and amateur sports.</p> <p> Mr. Sussman, a member of the firm’s nationally recognized <a href="https://jenner.com/practices/109" target="_blank">Content, Media &amp; Entertainment Practice</a>, represents sports organizations, network, studio and online distributors, and media and other businesses in licensing, distribution and other agreements to use content, litigations,&nbsp;mergers, acquisitions, joint ventures and strategic alliances. He has more than 25 years of experience in legal and leadership positions at some of the most prominent companies in the sports, media and entertainment industries, including having served as general counsel and chief operating officer of the New York Yankees where he handled player contract negotiations, media deals, stadium lease and relocation issues.</p> 21 Aug 2017 https://jenner.com/library/news/17297 https://jenner.com/library Firm Wins Victory for Emerald Casino’s Bankruptcy Trustee in Long-Standing Dispute <p> Jenner &amp; Block won a victory for the bankruptcy trustee of Emerald Casino when the Seventh Circuit upheld a judge’s ruling that six casino executives failed to comply with gambling regulations, causing Emerald to lose its gaming license and go out of business.&nbsp; In a unanimous opinion, the panel found that an Illinois federal court did not err when it handed down a $272 million judgment against the executives.&nbsp;</p> <p> The August 11, 2017, decision means that the trustee, Frances Gecker, can try to collect $219.66 million from the defendants.</p> <p> Partner <a href="https://jenner.com/people/CatherineSteege">Catherine L. Steege</a> led the team representing Ms. Gecker and argued the case before the Seventh Circuit earlier this year.&nbsp; The team also included Partners <a href="https://jenner.com/people/KeriHollebHotaling">Keri Holleb Hotaling</a> and <a href="https://jenner.com/people/BarryLevenstam">Barry Levenstam</a> and Of Counsel <a href="https://jenner.com/people/RobertGraham">Robert L. Graham</a>.</p> <p> News of the ruling was reported in media outlets including <em><a href="https://www.law360.com/articles/953564/7th-circ-says-casino-execs-to-blame-for-lost-license">Law360</a></em> and the <em><a href="http://www.chicagolawbulletin.com/Articles/2017/08/16/272M-casino-liability-8-16-17">Chicago Daily Law Bulletin</a></em>, which quoted Ms. Steege saying that the trustee is “very pleased” with the ruling.</p> 4 Aug 2017 https://jenner.com/library/news/17298 https://jenner.com/library Firm Wins Victory for Emerald Casino’s Bankruptcy Trustee in Long-Standing Dispute <p> Jenner &amp; Block won a victory for the bankruptcy trustee of Emerald Casino when the Seventh Circuit upheld a judge’s ruling that six casino executives failed to comply with gambling regulations, causing Emerald to lose its gaming license and go out of business.&nbsp; In a unanimous opinion, the panel found that an Illinois federal court did not err when it handed down a $272 million judgment against the executives.&nbsp;</p> <p> The August 11, 2017, decision means that the trustee, Frances Gecker, can try to collect $219.66 million from the defendants.</p> <p> Partner <a href="https://jenner.com/people/CatherineSteege">Catherine L. Steege</a> led the team representing Ms. Gecker and argued the case before the Seventh Circuit earlier this year.&nbsp; The team also included Partners <a href="https://jenner.com/people/KeriHollebHotaling">Keri Holleb Hotaling</a> and <a href="https://jenner.com/people/BarryLevenstam">Barry Levenstam</a> and Of Counsel <a href="https://jenner.com/people/RobertGraham">Robert L. Graham</a>.</p> <p> News of the ruling was reported in media outlets including <em><a href="https://www.law360.com/articles/953564/7th-circ-says-casino-execs-to-blame-for-lost-license">Law360</a></em> and the <em><a href="http://www.chicagolawbulletin.com/Articles/2017/08/16/272M-casino-liability-8-16-17">Chicago Daily Law Bulletin</a></em>, which quoted Ms. Steege saying that the trustee is “very pleased” with the ruling.</p> 11 Aug 2017 https://jenner.com/library/news/17299