Kenneth Todd Wallace, Attorney in New Orleans

Kenneth Todd Wallace is an attorney and founding partner of the law firm Wallace Meyaski LLC.

Attorney in New Orleans at Wallace Meyaski LLC

Kenneth Todd Wallace, Attorney in New Orleans, is a lawyer and founding partner of the law firm. He has nearly 20 years of experience in the legal and business professions with established excellence in trial advocacy, negotiation, strategic and initiative planning, government relations, mergers and acquisitions, and team building. See also other references for K Todd Wallace lawyer below.

Contact

Wallace Meyaski, LLC

5109 Canal Blvd., Suite 102

New Orleans, LA 70124

(504) 644-2011

info@walmey.com

Professional Formation and Experience

Mr. Wallace received his Juris Doctor, cum laude, from Loyola University College of Law, New Orleans, LA (1998). While at Loyola, he served as the Managing Editor of the Loyola Law Review, and as a member of the William C. Vis International Commercial Arbitration Team. Before law school, he received his Bachelor of Arts, Political Science, from the University of North Carolina, Chapel Hill, NC (1994).


Kenneth Todd Wallace began his professional career at the law firm of Liskow & Lewis (1998 - 2015), where he, among other assignments, served as the Chair of the Firm's Antitrust and Trade Regulation Practice Group (2010-2015); Vice Chair of Commercial Litigation Section (2014-2015); Executive Board of Directors and Corporate Secretary (2012-2015); Hiring Partner (2007-2012); Chair of Diversity Committee (2006-2015); and Minority Recruiting and Retention Partner (2006-2008).


Thereafter, he founded KTW Resources, LLC (September 2016 – September 2017) where he provided HR Consulting and Strategic Business Solutions.


Since September 2017, he has been an attorney (and Founding Partner) of the law firm Wallace Meyaski, LLC in New Orleans, Louisiana. 

Representative Matters

Mr. Wallace has successfully represented clients in matters across a broad range of industries including:


Successfully represented and obtained judgment for Miller Act plaintiff against contractor and its sureties in federal district court bench trial, and obtained judgment affirming the district court decisions from the Fifth Circuit Court of Appeal.  United States ex rel. Jems Fabrication, Inc. v. Benetech, LLC, 2013 U.S. Dist. LEXIS 108275 (E.D. La. Aug. 1, 2013), aff’d, 2014 U.S. App. LEXIS 8175 (5th Cir. La. Apr. 30, 2014).


Obtained early dismissal of state antitrust claims on behalf of major biotechnology company brought by the Louisiana Attorney General and successfully represented the company on the remaining Average Wholesale Pricing claims (2012).


Led team in securing full dismissal of federal RICO charges and related ad valorem tax collection and fraud claims brought against a group of clients by the Terrebonne Parish tax assessor (2010).


Successfully represented a major crude oil offloading company in pursuing antitrust claims against international cartel members in the marine hose industry (2010).


Significant part of trial and appellate team, defended an international law firm and one of its senior partners in a two-week jury trial in Mississippi state court (2010).


Obtained early dismissal of state and federal monopolization claims on behalf of an international marine salvage company through a successful Rule 12(b)(6) motion (2009).


Secured full dismissal of state antitrust claims of price fixing and monopolization on behalf of Motiva Enterprises, LLP that was affirmed by the Louisiana Fourth Circuit Court of Appeal and the Louisiana Supreme Court (2009).  Tuban Petroleum, LLC v. SIARC, Inc., 09-0302 (La. App. 4 Cir. 4/15/09), writ denied, 09-0945 (La. 6/5/09), 9 So. 3d 877.


Obtained key victory on behalf of a major biotechnology company against claims of illegal tying arrangements brought by the Louisiana Attorney General (2008).


Obtained dismissal of antitrust price fixing claims filed by the Louisiana Attorney General against one of the world’s largest international consulting firms (2008).  State of Louisiana, ex. rel., James D. Caldwell v. Allstate Insurance Co., et. al., No. 07-9409 (E.D. La. Dec. 17, 2008).


Successfully defended a major maritime company in a Department of Justice investigation based on allegations of conspiracy to rig bids and fix prices in a series of government contacts (2008).


Developed a successful legal theory for removal of state attorney general suits against industry as disguised “class” and “mass” actions subject to the Class Action Fairness Act.  See State of Louisiana, ex. rel., James D. Caldwell v. Allstate Insurance Co., et. al., 2008 U.S. App. Lexis 15275 (5th Cir. July 18, 2008).


Successfully represented a major health care corporation and local hospital in pursuing attempted monopolization claims against competing hospital whereby the competing hospital ceased its attempt to monopolize the relevant clinic market following Hurricane Katrina (2005).


Assisted in successfully representing the Greater New Orleans Hotel and Lodging Association in opposition to Tax Increment Financing (TIF) of proposed hotel development where the proposed TIF statute was found unconstitutional by the Louisiana Supreme Court (2005). See World Trade Center Taxing District v. All Taxpayers, 05-0374 (La. 6/29/05), 908 So. 2d 623.


Part of legal team that secured a key victory for a federal banking agency in the United States Fifth Circuit. The class action attacked the insured status of a federally insured banking institution.  Heaton v. Monogram Credit Card Bank, 297 F.3d 416 (5th Cir. 2002).


Part of the legal team in a professional liability case for a federal banking agency that secured an important victory in the United States Fifth Circuit involving the failure of Louisiana’s largest thrift institution (2000).  FDIC v. Barton, 233 F.3d 859 (5th Cir. 2000).

Honors and Recognitions

Among the honors and recognitions that Mr. Wallace has received throughout his career are:


Martindell-Hubbell AV Preeminent Peer Review Rating. See https://www.martindale.com/new-orleans/louisiana/kenneth-todd-wallace-604175-a/


Recognized by peers in Super Lawyers in the area of Antitrust Law (2015, 2016).


Named as Top Lawyer in New Orleans Magazine in the area of Antitrust Law (2014, 2015). See http://www.myneworleans.com/New-Orleans-Magazine/November-2013/The-Top-Lawyers-in-New-Orleans/


Top-Rated Lawyer in Commercial Litigation by American Lawyer and Corporate Counsel (2013, 2014).


Featured as Attorney to Watch inaugural issue of Attorney at Law Magazine (2014). See http://www.targetmarketmediapublications.com/attorney-at-law-magazine-new-orleans/


Named to New Orleans CityBusiness' Leadership in Law Class of 2013.


DRI Leader Spotlight Award Recipient (2012).


Peter J. Compagno Citizenship Award Recipient (2010).

K Todd Wallace publishes on Technology & the Lawyer

Additional Information

In this next article in his series, noted business attorney K Todd Wallace discusses the advancements and impact of technology upon the legal profession, and how it is being utilized to enhance the client experience in terms of satisfaction and customer service.  As technology reshapes all of modern personal and professional life, the legal profession is no exception. 


Technology is advancing, and the legal profession must keep up with these technological and societal changes. Many of us still remember when they first saw a personal computer, when cell phones became widely available, and when cell phones turned into smart phones that have become indispensable for many.


Incorporating technology into a law practice can make the practice more efficient and increase client satisfaction. In fact, technology may enable the practitioner to exceed client expectations. Here are a few, simple-to-implement options.


Case Management Software


Long gone are the days of paper routing slips, desktop inboxes and consecutive reviews by paralegals and attorneys during which papers and files are shuffled back and forth. With case management software, incoming documents are reviewed in a pre-determined sequence or as authorized, and files or documents are updated the same way. The staff has real-time access to documents and status reports. Important dates are automatically entered into a calendar. Case Management Software also enables legal teams to focus on a pre-set process, thus saving time and energy, and greatly reducing the stress in this deadline-driven profession. Case Management Software can also greatly reduce costs for the law practice and the clients by standardizing and accelerating document creation and maintenance.


There are many different kinds of Case Management Software, some general ones such as:

www.capterra.com 

www.clio.com

www.mycase.com

www.trialworks.com

www.cosmolex.com

And some tailored to a specific practice:

www.smokeball.com – for probate practice

www.practicepanther.com – for bankruptcy

www.inszoom.com – for immigration law practice


These are just a few examples, and should not be considered endorsements of any of these products. Each law practice should make sure to test them carefully before buying, and take advantage of the free test versions or consultations that many software providers offer as part of their sales process. Find the right software to fit your own needs and your client’s expectations


Research and Mobile Technology


Subscription research services such as LEXIS and Westlaw have been available to attorneys online for decades, gradually rendering hard copy law libraries obsolete. The internet has done for law what it has for every other area of modern life, providing instant access to information.


Research Efficiency


The internet has placed all of society’s information at one’s fingertips, and again the legal profession is not exempt. The speed of research has dramatically increased. An attorney can analyze a legal matter much more quickly without even leaving the desk. However, that is what clients expect nowadays - instant results.


There are a few tools that can make your job easier. For example, many cases and articles are available for free on Google Scholar (https://scholar.google.com/) or on Findlaw (www.Findlaw.com). Most courts post their forms and cases on the Web, reducing search time to minutes and saving you a walk to the courthouse.


Coming back to smart phones, many attorneys today use them even for legal work. A 2016 survey conducted by the American Bar Association found that 88 percent of respondents used smart phones for law-related work. A fifth of them were using research apps, and those numbers have undoubtedly surged since. 


e-Subscriptions


To make your law practice more efficient, subscribing to multiple industry-related blogs and news outlets may deliver relevant information right to your email inbox. In turn, you may be able to tailor valuable information to specific clients and send them a proactive communication.


The Cloud/On-Line Repositories


There are many ways to incorporate a secure document repository in your practice. Online document management providers offer some limited client document sharing and also offer full-scale extranets as an add-on. 


There are many options and price points for achieving the logical benefit of client document repositories.


Web-based software enables a firm’s documents to be securely stored in “the cloud” and provide accessibility from nearly any location. The safety of such storage systems has increased greatly, and allows you to have remote access while on the road or working from home.


For example, you can set up a system whereby the lawyer uploads the documents he/she wants to share with the client and the client accesses them via a secure log-in. 


The benefit to the client includes having all the documents for a matter in a single repository, accessible at his convenience, with the lawyer taking responsibility for document management. One can update or replace the documents as needed, thus eliminating concerns over versions. 


Popular examples include www.litigationservices.com and www.alphareporting.com 


Phone Systems


Phone systems have advanced greatly. A wealth of call forwarding technologies enable clients to call a central number to reach an attorney anywhere. Skype enables you to conduct video conference calls during which you can share a screen and exchange documents.


But with phone forwarding, you may even have a remote answering such as Ruby Receptionists (www.callruby.com), which then takes a message or forwards the call to a specified phone number. Other services with great flexibility include Ring Central (www.ringcentral.com), Ooma (www.ooma.com) and Jive (www.jive.com).


Suddenly a physical office or geographical distance are less important. It has become almost normal for clients to work with law firms at a greater distance from their home or business location. Having an office close to your clients (or close to the courthouse) is suddenly not as critical.


This also benefits clients, as they may decide to hire an attorney whose office is not nearby. It affords clients access to much greater legal talent and improved access to quality representation than was once available to them in smaller towns/markets. 


What used to be an in-person consultation can now be done by email or a video conference. Since the number of in-person meetings is reduced, the cost to clients is reduced as well.


Virtual Meetings


Getting together for face-to-face meetings with clients can sometimes be difficult, especially when it includes travel. Skype (www.skype.com) and EZ Talks (www.eztalks.com), www.GoToMeeting.com and other video systems allow you to offer the experience of a live meeting, which can be much more productive and stimulating than a simple phone call, since human beings communicate to large extent non-verbally, through gestures, facial expressions, etc.  


Numerous Web-conferencing tools provide such visual and human elements of a live meeting. They allow attendees to communicate, collaborate on documents and even give presentations in real time.


In fact, there are free (or almost free) services with a lot of functionality that are useful for sharing and discussing on-screen documents, giving a presentation, recording and chat capabilities.


Client Portals


Online Client Portals are an option especially for a high-volume practice such as bankruptcy or immigration law. Instead of answering innumerable phone calls with questions such as “What is the status of my case?”, the firm offers access to a Portal where clients can see their exact case status in real time. In fact, password-protected portions of a law firm’s website may be a more secure alternative to email. Clients can access their case information day or night, comment on drafts and get updates on court dates. Examples include Practice Panther (www.practicepanther.com) and One Hub (www.onehub.com).


Still somewhat expensive due to the cost and complexity of implementation, client portals will undoubtedly proliferate further as the technology matures.


Social Media 


Whether you like it or not, Social Media has become inescapable. Review websites like Yelp! or Avvo list Attorneys regardless and allow anybody to post reviews and comments about one’s practice. Further, Facebook creates “inofficial” Facebook pages for professionals, which in effect may force them to set up actual Facebook pages and join their platform.


In many cases, the best option for the legal practitioner may be to embrace Social Media and claim the profile to use and control it to their advantage.


Google Maps - Locations


In past, even small problems like “I cannot find your office” could interrupt a client relationship. No more. Today you can put “Directions” on your website to ensure that all clients can find your office easily when they have to. Google Maps can be customized for clients, and also shows the way to related locations to one’s Practice (i.e. Courthouse, Government Offices, etc.). Google Streetview also can show clients what your office building looks like from the outside.


Case Reminders


Everybody is busy. We all receive too many emails. Thus, many messages get lost in the shuffle. Providing communications or updates via email, text message, or voicemail can remind clients of upcoming appointments, deadlines, court dates, etc.

Sharing Information with Clients


Here at our law firm, at the commencement of services, we fully discuss communication preferences with clients. This includes discussing methods for exchanging confidential information and their preferences for receiving other, general communications.


In fact, proactive communications with clients may be an effective marketing tool, such as an alert to a client about regulatory actions that are about to affect their business 


Payment Services-Electronic Invoices


Payment by check is gradually becoming a thing of the past. Credit Card Payments are now commonplace, and even other forms of payment such as ACH, wire transfers, and Paypal are becoming more commonplace. While there are costs associated with taking credit card payments or Paypal, the ease of use and the increased speed of getting paid are often worth the fees. 


Many merchant account vendors now provide a Web portal to facilitate online payments. Google and Square (www.square.com) as well as Legal Software Systems (www.legalsoftwaresystems.com) provide technology to accept payments via smartphone. 


There are ethics opinions regarding Attorneys accepting credit cards for payments, thus one should consult the local ethics rules.


Confidentiality Protections


Maintaining the confidentiality of client information is an ethical foundation of the profession. Encryption tools may add extra security to electronic communications. Document efforts to keep their clients’ information safe and secure.


Signing Documents Electronically


Services like DocuSign (www.docusign.com), RightSignature (www.rightsignature.com)  and e-Sign Live (www.esignlive.com) can save time and effort in cases where no wet signature is required and an electronic signature is sufficient.


On-line Calendaring and Scheduling


Scheduling meetings can be an enormous drag upon staff time and efficiency. This may cause delays and confusion, especially when the client or lawyer must re-schedule a previously scheduled meeting.


There are several options for simplifying scheduling. One of them is TimeTap (www.timetap.com). For example, potential clients can instantly schedule an appointment online. It also removes impediments from new clients to make contact with one’s Firm.


Online scheduling and appointment booking products such as TimeTap synchronize with your Outlook or Google calendar and display your free and busy times to your clients and prospects. 


Then, by simply clicking on a button from your Web site or using a secure portal, they can select one of your free times and can directly set up an appointment. Time Tap offers the ability to send out automated appointment reminders, and lets one reschedule and automatically send the rescheduling information.  This added efficiency and flexibility means fewer demands on their overcrowded schedules. These services will contribute to improved quality, convenience and affordability.


Example of Technology Suite for a Small Law Firm


In case you wonder what technologies other law firms have, here is an actual real life example. This small law firm uses the following technologies:


· CosmoLex (online and App) – Law Practice Management Software

· LawPay (online and App) – Payment software for billing/invoicing.

· Google Suite (online and App) – Document creation/management.

· Dropbox (online and App) – Transfer/management of large files.

· Westlaw – Legal Research.

· Skype – Phones & video conferencing.

· Facetime – Client communications.


And since many law firms are gradually going “paperless,” a system for scanning documents and managing electronic files becomes indispensable.


Conclusion


Harnessing technology can greatly increase client satisfaction, save time and effort, and reduce the stress of practicing law in this fast-moving world. Undoubtedly, technology will continue to change the ways that legal teams serve their clients. My personal advice is to take it step-by-step: evaluate where is the greatest need in your office. Cooperating on documents? Scheduling appointments with clients? Making payments easier for clients? Then develop a strategy for best addressing those needs by implementing one of the numerous technological options and integrating it into the workflow of the office.


*NOTE: The inclusion of a technology or app in this article does not mean an endorsement or approval. The listed technologies are just for illustrative purposes. None of these particular technologies are endorsed or recommended by this author.

Kenneth Todd Wallace is an attorney and founding partner of the law firm Wallace Meyaski LLC.

Kenneth Todd Wallace is an attorney and founding partner of the law firm Wallace Meyaski LLC.

U.S. Department of Justice Antitrust Investigation

This is the second DOJ antitrust investigation into college admissions in 2018, notes K Todd Wallace

In April 2018, several universities reported that they received a letter from the U.S Department of Justice, requesting that the universities preserve and maintain certain documents in light of an ongoing investigation. The letter explained that the investigation surrounds potential arrangements that colleges and universities may have pertaining to their early decision admission program and sharing of information between such institutions. 


Specifically, the letter requests that universities and colleges maintain the following information:


- Formal or informal agreements pertaining to sharing identities of accepted students with other institutions.

- Communications with individuals at other institutions pertaining to identities of accepted students

- Internal documents regarding such communication pertaining to identities of accepted students.

- Documents pertaining to actions or decisions based in whole or part on identities of students accepted at other universities.

- Admission record of such identified students.


Although some elite institutions use to share financial aid information of applying students amongst them in the past, the practice stopped as a result of an agreement between the Department of Justice and Ivy League institutions in 1991. The agreement came at the end of a DOJ investigation into the information sharing practice. Although the agreement only involved Ivy League institutions, other institutions followed suit and stayed away from the practice. Recent signs, however, signals that certain institutions may be engaging in information sharing again.


Institutions have publicly said that they are fully cooperating with the DOJ. Some universities have noted important distinctions between the practice in 1991 versus now. First, information being shared now is part of the early decision admission process, which is entirely voluntary.  Second, students consent to such disclosure in the Common Applications utilized by the institutions. 


Interestingly, this is the second DOJ antitrust investigation into college admission standards in this year alone. Earlier this year, DOJ launched an investigation into whether the revised National Association for College Admission Counseling ethics code constitutes restraint on trade among the institutions pertaining to recruitment of student athletes. It remains to be seen as to where these investigations will lead, but suffice to say, DOJ antitrust division seems to be taking an interest in university admission policies.


References


Law Firm Website: http://www.walmey.com/

http://www.walmey.com/our-attorneys/k-todd-wallace/

Facebook page of the Law Firm: https://www.facebook.com/WallaceMeyaski/

Facebook page of Kenneth Todd Wallace, Attorney at Law: 

https://www.facebook.com/kennethtodd.wallace.3

LinkedIn Profile of Kenneth Todd Wallace: https://www.linkedin.com/in/k-todd-wallace-03895358/

Lawyer Profile at: http://lawyers.lawyerlegion.com/louisiana/kenneth-todd-wallace-18001529

Attorney Profile: https://www.lawyers.com/new-orleans/louisiana/kenneth-todd-wallace-604175-a/

Attorney Profile: https://solomonlawguild.com/k-todd-wallace

Lawyer Profile: http://www.lawyerdb.org/LawFirm/Wallace-Meyaski-LLC-New-Orleans/

http://www.lawyerdb.org/LawFirm/Wallace-Meyaski-LLC-New-Orleans-Lawyer/

Twitter: www.twitter.com - Todd Wallace@tarheeltodd94

Blog at: http://ktoddwallaceblog.blogspot.com/

Kenneth Todd Wallace is an attorney and founding partner of the law firm Wallace Meyaski LLC.

Kenneth Todd Wallace is an attorney and founding partner of the law firm Wallace Meyaski LLC.

K. Todd Wallace introduces “Fresh Start” Flexible Billing

Everyone’s legal case is different and requires an individually-tailored strategy, so do payments

“Affording a lawyer can be a difficult and challenging hurdle to overcome for many individuals and small businesses alike. It should not be. As a result, the law firm of Wallace Meyaski, LLC, wants to assist as many individuals and companies as possible, by offering flexible payment plans, individually-tailored installment payments, flat-fee cases, retainers, and even success-based fee options depending on the unique circumstances and needs of each client” …  said K. Todd Wallace, Attorney at Law. 


“That’s the driving force behind our new ‘Fresh-Start’ Payment Plans. As everyone’s legal case is different and requires an individually-tailored strategy, so does a client’s and/or a company’s financial situation and circumstances; and our new payment plans offer our clients exactly that,” adds Mr. Wallace. The amount of the “flat-fee” and/or any hourly billing will vary depending on the case and client.  


However, the law Firm of Wallace Meyaski, LLC aims to be competitive and just with their law services pricing.  “We fully understand that not all clients are going to be able to pay all fees up front, therefore flexible payment arrangements may be made.” 


These will vary depending upon what is agreed to by both parties, whether it is a lump sum and then small payments after that or monthly/weekly arrangements.  A retainer fee is a “lump sum” payment charged to commence legal services which retains the lawyer’s services and creates the underlying attorney-client relationship.  


Part of the firm’s philosophy, according to Mr. Wallace, is that the New Orleans community has embraced us as part of legal community in such a short period of time,  therefore, our goal is to give back whenever possible” … Mr. Wallace went on to say. “Not everyone will qualify elsewhere but the Wallace Meyaski firm is willing to work with potential clients to make it more affordable to retain a lawyer.”  


Although not unique in an of itself, some cases may be handled on a “Success-Basis” or contingency-fee basis.  This essentially means that the potential client is not required to pay any fees to the Law Firm at the outset to commence services.  The law office will determine when this possible payment plan applies. This may be an option for a potential client when specifically agreed upon and authorized by the Firm.


In most cases, Wallace Meyaski does not charge for Initial Consultation, however, in those cases where a Consultation Fee is charged, once retained, the Initial Consultation Fee is thereafter applied and fully credited to the Client’s Case Account. 

  

References


Law Firm Website: http://www.walmey.com/

http://www.walmey.com/our-attorneys/k-todd-wallace/

Facebook page of the Law Firm: https://www.facebook.com/WallaceMeyaski/

Facebook page of Kenneth Todd Wallace, Attorney at Law: 

https://www.facebook.com/kennethtodd.wallace.3

LinkedIn Profile of Kenneth Todd Wallace: https://www.linkedin.com/in/k-todd-wallace-03895358/

Lawyer Profile at: http://lawyers.lawyerlegion.com/louisiana/kenneth-todd-wallace-18001529

Attorney Profile: https://www.lawyers.com/new-orleans/louisiana/kenneth-todd-wallace-604175-a/

Lawyer Profile: http://www.lawyerdb.org/LawFirm/Wallace-Meyaski-LLC-New-Orleans/

http://www.lawyerdb.org/LawFirm/Wallace-Meyaski-LLC-New-Orleans-Lawyer/

Twitter: www.twitter.com - Todd Wallace@tarheeltodd94

Blog at: http://ktoddwallaceblog.blogspot.com/ 

Kenneth Todd Wallace is an attorney and founding partner of the law firm Wallace Meyaski LLC.

Kenneth Todd Wallace is an attorney and founding partner of the law firm Wallace Meyaski LLC.

K. Todd Wallace - Apple iPhone apps antitrust litigation

The U.S. Supreme Court has decided to hear Apple’s appeal

The U.S. Supreme Court has decided to hear Apple’s appeal of the Ninth Circuit’s decision allowing the litigation to proceed in a case brought against Apple by purchasers of iPhones and iPhone applications (hereinafter “apps”).  In early 2017, the Ninth Circuit Court of Appeals overturned a dismissal by the district court for lack of statutory standing. 


Plaintiffs in the case are purchasers of iPhones and iPhone apps between 2007 and 2013. Plaintiffs allege “that Apple has monopolized and attempted to monopolize the market for iPhone apps.” As familiar to many users, the Ninth Circuit outlined the factual background of the iPhone ecosystem.  “The iPhone is a ‘closed system,’ meaning that Apple controls which apps— such as ringtones, instant messaging, Internet, video, and the like—can run on an iPhone's software. In 2008, Apple launched the ‘App Store,’ an internet site where iPhone users can find, purchase, and download iPhone apps. Apple has developed some of the apps sold in the App Store, but many of the apps sold in the store have been developed by third-party developers.” Noting that Apple receives a 30% commission from any sale of apps developed by third-party developers, the Ninth Circuit went on to explain that “Apple prohibits app developers from selling iPhone apps through channels other than the App Store, threatening to cut off sales by any developer who violates this prohibition. Apple discourages iPhone owners from downloading unapproved apps, threatening to void iPhone warranties if they do so.”


Plaintiffs’ complaint went through multiple versions and amendments following complex history of legal procedure at the trial level. The last amended complaint addressed only Apple’s monopolization of the iPhone app market. At the trial level, Apple sought and was granted a dismissal based on statutory standing to sue in an antitrust case. 


“Under § 4 of the Clayton Act, ‘any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue . . . and shall recover threefold the damages by him sustained[.]’” U.S. Supreme Court has limited the definition of any person under the act in Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977) to “only ‘the overcharged direct purchaser, and not others in the chain of manufacture or distribution’". 


Therefore, the Ninth Circuit framed the issue as “whether Plaintiffs purchased their iPhone apps directly from the app developers, or directly from Apple. Stated otherwise, the question is whether Apple is a manufacturer or producer, or whether it is a distributor. . . . [I]f Apple is a manufacturer or producer from whom Plaintiffs purchased indirectly, Plaintiffs do not have standing. But if Apple is a distributor from whom Plaintiffs purchased directly, Plaintiffs do have standing.”  


Apple argued that “it does not sell apps but rather sells ‘software distribution services to developers.’ In Apple's view, because it sells distribution services to app developers, it cannot simultaneously be a distributor of apps to app purchasers. Apple analogizes its role to the role of an owner of a shopping mall that ‘leases physical space to various stores.’" The Ninth Circuit rejected Apple’s argument, noting that “part of the anti-competitive behavior alleged by Plaintiffs is that, far from allowing iPhone app developers to sell through their own ‘stores,’ Apple specifically forbids them to do so, instead requiring them to sell iPhone apps only through Apple's App Store.” 


The Ninth Circuit explained that the decision is compelled “on the fundamental distinction between a manufacturer or producer, on the one hand, and a distributor, on the other. Apple is a distributor of the iPhone apps, selling them directly to purchasers through its App Store. 


Because Apple is a distributor, Plaintiffs have standing under Illinois Brick to sue Apple for allegedly monopolizing and attempting to monopolize the sale of iPhone apps.”


The issue reached by the Ninth Circuit obviously has potential for far reaching effect in the digital age. Many tech companies, such as Google, will likely be watching the Supreme Court case closely as the Court shapes the antitrust exposure of not only Apple but many others who follow such a business model.  


The Ninth Circuit case is In re Apple iPhone Antitrust Litigation, 846 F.3d 313 (2017), available at https://scholar.google.com/scholar_case?case=13642149723808458466&q=in+re+apple+iphone+antitrust&hl=en&as_sdt=3,47

Kenneth Todd Wallace is an attorney and founding partner of the law firm Wallace Meyaski LLC.

Kenneth Todd Wallace is an attorney and founding partner of the law firm Wallace Meyaski LLC.

Kenneth Todd Wallace is an attorney and founding partner of the law firm Wallace Meyaski LLC.

K. Todd Wallace is a featured presenter at ASHRM

Additional Information

Kenneth Todd Wallace is a featured presenter at the Acadiana Society for Human Resource Management (ASHRM) Annual Conference


Kenneth Todd Wallace is the legal update presenter at Acadiana SHRM's Annual Conference and Expo in Lafayette, Louisiana, discussing significant legal challenges facing HR professionals.


The law firm of Wallace Meyaski, LLC announced that attorney Kenneth Todd Wallace will be the legal update presenter at the upcoming Annual Conference and Expo in Lafayette, Louisiana, of the Acadiana Society for Human Resource Management (ASHRM) on September 12, 2018. ASHRM was formed in 1978 by local Human Resource Professionals, and is an affiliate of the national Society for Human Resource Management (SHRM). 


Mr. Wallace’s presentation will provide an overview of the current legal issues facing Human Resource managers, personnel, and practitioners in today’s work environment. His presentation will focus on discrimination based on Title VII, the Americans with Disabilities Act, and other laws. He explains that today the challenges for Human Resource professionals are greater than ever: “It has become quite clear that there is a growing legal trend towards expanding Title VII protection. The courts are reviewing matters that, in many cases, are matters of first impression, meaning that the legal issues have not yet been raised by litigant employees. These decisions have profound impacts on employers and their policies and procedures, while prompting many employers to ensure that their internal practices are evolving with the expansion of Title VII protection.”


Mr. Wallace will also address other challenges facing HR professional. Mr. Wallace recounts that in preparing for his presentation, he ran an internet search for “greatest Human Resource challenges” and found many blogs and articles on this subject. “The number of ‘Greatest Challenges’ differs according to the various writers, from ‘Top 5 trends and challenges for HR in 2018’ (https://www.humanresourcesonline.net/top-5-trends-and-challenges-for-hr-in-2018/), to ‘The 15 Biggest HR Challenges in 2018’ (https://www.benefitnews.com/slideshow/the-15-biggest-hr-challenges-in-2018), but all shortlists of such ‘Greatest Challenges’ include technology and the human nature that is still at the basis: ‘communications,’ ‘keeping up with laws and regulations,’ ‘finding and nurturing talent’, and ‘new technologies.’ Many of these issues will be addressed by colleagues as part of the ASHRM conference. My personal challenge as part of this conference is to provide a legal update that is both educational and practical. 


Understanding the legal trends is part of it; helping an HR professional to apply the principles learned by these legal trends is the other goal of this presentation.”


Other presenters at the Annual conference include:


Steve Rizzo “Motivate This!”

Tracy Butz “Candid Conversations that Drive Results”

Sherry Johnson “The Future of HR: Promoting Business Success in a Changing Global Workplace”

Aileen Bennet “The Inward Facing Brand”

Rob Roux & John Williams “Sexual Harassment”


About ASHRM


ASHRM was formed in 1978 by local Human Resource Professionals. In February 1980, the organization was chartered with the Society for Human Resource Management (SHRM), which is a worldwide organization of Human Resource Professionals.


The mission of the chapter is to:


  • Encourage the professionalism of Human Resource Administrators
  • Raise standards of performance in all aspects of Human Resource Administration
  • Encourage adherence to SHRM's code of ethics
  • Provide opportunities for exchange of information and cooperative research among members

The vision of the chapter is to provide networking opportunities and local support to Human Resource Professionals in order to help them become better leaders with in their organizations. 


Website: http://www.acadianashrm.org/index.asp


Details about the Annual Conference are at: https://www.runmyclub.com/ashrm/eventcalendar.asp


About K. Todd Wallace


Kenneth Todd Wallace is an attorney and founding partner of the law firm Wallace Meyaski LLC. He has nearly 20 years of experience in the legal and business professions with established excellence in trial advocacy, negotiation, strategic and initiative planning, employment law compliance, government relations, mergers and acquisitions, and team building. He received his Juris Doctor, cum laude, from Loyola University College of Law, New Orleans, LA. While at Loyola, he served as the Managing Editor of the Loyola Law Review, and as a member of the William C. Vis International Commercial Arbitration Team. Before law school, he received his Bachelor of Arts, Political Science, from the University of North Carolina, Chapel Hill, NC.


Website: http://www.walmey.com/our-attorneys/k-todd-wallace/

Facebook page of the Law Firm: https://www.facebook.com/WallaceMeyaski/

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 K Todd Wallace is the legal update presenter at Acadiana SHRM's Annual Conference and Expo in Lafayette, Louisiana.

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Website of Law Firm Wallace Meyaski, K. Todd Wallace

Wallace Meyaski offers unique "fixed fee" Counsel service

Affords small and mid-sized companies on a budget access to legal advice without large retainer

New Orleans, LA (August 2018). The New Orleans Law Firm of Wallace Meyaski, LLC has announced that they are offering designated General Counsel legal services for an agreed-upon "fixed fee" for small and mid-sized companies. Given the increasing legal and regulatory complexity of today’s business environment, many companies are faced with the choice of either committing more and more resources to pay escalating outside counsel fees, or of taking on additional headcount and the associated costs and expenses to build an in-house legal and/or human resource team. 


Explains attorney K. Todd Wallace: “We set out to find a way to encourage our clients to contact us more regularly, to involve us before an issue becomes a problem, and to depend upon our extensive experience in advising our corporate clients.  What we offer is a third and, hopefully, more appealing option: a cost-effective way to retain the services of experienced corporate attorneys on a fixed-fee basis to guide and advise a corporate client each step of the way.”


With the costs of legal fees soaring to all-time highs, the law firm understands that businesses are too often reluctant to call upon outside counsel for fear of uncertain and excessive legal bills. Of course, when businesses fail to address important legal, HR, and corporate issues on the front-end, the legal costs associated with cleaning up the mess can easily exceed five to six times the cost had the client simply brought a lawyer in early on.


The team at Wallace Meyaski offer this unique approach whereby the client pays an agreed-upon fixed monthly fee to serve as the client’s outsourced General Counsel. At the end of the day, this approach encourages businesses to use and rely on the firm as the “inside” counsel on a regular basis while, at the same time, providing the client with a fixed cost that that it can properly budget without having to worry about surprising and unexpected legal costs.  


K Todd Wallace adds, “we have developed a unique approach to helping small to medium size businesses who cannot afford to hire an in-house lawyer.  We offer to serve as a client’s General Counsel for a fixed-fee (monthly fee) based upon a defined bucket of services.” He went on to add “that in today's environment small to medium size business are the ones that are hurt the most impacted by the increasing legal and regulatory complexity of today’s business environment, because they are not properly represented. We hope this offers a solution for that problem.”


Wallace Meyaski, LLC offers a wide array of general counsel outsourced services, including the following areas:


Human Resources and Employment Services


Wallace Meyaski, LLC brings over twenty years of broad experience in the area of labor and employment law and human resources.  As a result, they can provide you with day-to-day advice on how to handle every aspect of employee hiring, promotion, and termination and to implement policies and procedures to protect clients from unnecessary and costly litigation.


Commercial Contract Preparation and Review


As part of our monthly fee, the firm can draft new commercial contracts and review and revise any existing commercial agreements, including purchase and sale agreements, master service agreements, terms and conditions, commercial contracts, non-disclosure agreements, confidentiality agreements, employment-related contracts, consulting agreements, and property leases.


Corporate Succession and Corporate Governance


Wallace Meyaski, LLC recommend that companies regardless of size and scope take a good hard look at long-term business succession planning.  In the simplest terms, succession planning is a process whereby an organization ensures that employees at all levels are recruited, developed, and maintained to fill each key role within the company. Succession planning also anticipates and addresses issues that inevitably arise with any change in management and/or ownership to ensure a smooth transition and long-term success for the company. Through a proper succession planning process, businesses recruit superior employees, develop their knowledge, skills, and abilities, and prepare them for advancement or promotion into ever more challenging roles.


For additional information:

Wallace Meyaski, LLC

5109 Canal Blvd., Suite 102

New Orleans, LA 70124

(504) 644-2011

info@walmey.com


Mr. Kenneth Todd Wallace is an attorney and founding partner of the law firm Wallace Meyaski LLC. He has nearly 20 years of experience in the legal and business professions with established excellence in trial advocacy, negotiation, strategic and initiative planning, employment law compliance, government relations, mergers and acquisitions, and team building.  

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More information is available on the website of the law firm Wallace Meyaski, LLC (K Todd Wallace, lawyer).

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Website of Law Firm Wallace Meyaski, K. Todd Wallace

Attorney moves court case to Client Home State of Texas

Individual defendant living and working in Texas does not have minimum contacts with Louisiana

New Orleans, LA (August 2018) - The law firm Wallace Meyaski LLC announced today that attorney Kenneth Todd Wallace was able to successfully move a federal court case to his client’s home state of Texas. Judge Eldon E. Fallon of the Eastern District of Louisiana ordered that this case (Security Data Supply, LLC et al v. Nortek Security and Control, LLC et al) be transferred to the United States District Court for the Northern District of Texas.


Comments K. Todd Wallace: “This order is of crucial importance in this case in that the Court properly concluded that it does not have personal jurisdiction over an individual client who lives and works in another state. Instead, to continue a lawsuit against him, it must be pursued in his home state of Texas.”


In this case, Plaintiffs Security Data Supply, LLC (“SDS”), and its franchise locations, brought claims for antitrust and price discrimination violations and violations of state laws in Louisiana, Texas, and California. While SDS is a wholesale distributor of electronic security systems and sells these systems through franchise retail locations, SDS filed antitrust and price discrimination claims against Defendants Nortek Security and Control (“Nortek”), Wave Electronics, Inc. (“Wave”), and Mr. Earnest Bernard. Nortek is a manufacturer of electronic security systems; Wave is a wholesale distributor of electronic security systems in competition with while E.B. is a former sales representative.


SDS and Wave sell Nortek products in direct competition with each other. SDS alleges that while E.B. was employed at Nortek, he provided Wave with preferential pricing on Nortek products to the exclusion of Wave’s competitors. SDS further alleges that Nortek sold identical products to SDS and Wave but intentionally discriminated in price, providing a lower price to Wave through a “Four Star Program,” a type of rebate program. SDS believes that this program allowed Wave to sell Nortek products at a lower price than SDS could purchase them. SDS also alleges that Nortek management was aware of this preferential pricing scheme and allowed it to continue long after E.B. left the company. The defendants, including E.B., have denied these unfounded allegations throughout the litigation. SDS alleges that they have been been injured and SDS has lost at least 59 clients and $9.5 million per year. Therefore, SDS bring claims against Defendants for violations of the Robinson-Patman Act (“RPA”) (15 U.S.C. §13(a), (c), (d), (f)), and state law claims of corporate bribery and violations of state trade practices acts.


E.B sought to dismiss all claims against him, in part, based upon a lack of personal jurisdiction in a Louisiana federal court. Judge Eldon E. Fallon of the Eastern District of Louisiana found that Mr. B. is an individual residing in the state of Texas. The Court noted that, since he was an employee of Nortek and worked in Texas, therefore, the Eastern District of Louisiana does not have general jurisdiction over him. Additionally, the Court found that Plaintiffs did not allege in their complaint that Mr. B. traveled to, or acted in, or directed any other actions within the state of Louisiana. 

Therefore, Mr. B. lacked sufficient contacts with Louisiana that would allow the Louisiana Court to exercise specific jurisdiction over him.


Mr. Wallace states, “as you can imagine we are very pleased that the Court properly considered the arguments we presented that Mr. B. lacks sufficient minimum contacts with Louisiana necessary to force a non-resident to defend himself in another state. If this case is to continue, Texas is the only appropriate venue.”


About K. Todd Wallace, Attorney in New Orleans


Mr. Wallace has nearly 20 years of experience in the legal and business professions with established excellence in trial advocacy, negotiation, strategic and initiative planning, employment law compliance, government relations, mergers and acquisitions, and team building. He received his Juris Doctor, cum laude, from Loyola University College of Law, New Orleans, LA and while at Loyola, he served as the Managing Editor of the Loyola Law Review, and as a member of the William C. Vis International Commercial Arbitration Team. Before law school, he received his Bachelor of Arts, Political Science, from the University of North Carolina, Chapel Hill, NC.


The underlying court case is at https://law.justia.com/cases/federal/district-courts/louisiana/laedce/2:2017cv10578/204023/62/

ABA Intellectual Property Deskbook, Chapter 13 by Kenneth Todd Wallace and Dana M. Douglas.

K. Todd Wallace Co-Authors Chapter in ABA Deskbook

Antitrust Attorney K. Todd Wallace Co-Authors Chapter on Intellectual Property & Antitrust issues

Antitrust Attorney Kenneth Todd Wallace of the law firm Wallace Meyaski, LLC (New Orleans, LA)  announced today that he has co-authored a revised chapter with Dana M. Douglas for the upcoming fourth edition of the American Bar Association (ABA) Intellectual Property Deskbook for the Business Lawyer: A Transaction-Based Guide to Intellectual Property Law. Co-Author Ms. Douglas is a shareholder with Liskow & Lewis, whose practice is focused on commercial litigation and intellectual property. Mr. Wallace focuses his practice on complex commercial litigation matters, including the prosecution and defense of potential antitrust and other trade regulation violations.


The ABA Intellectual Property Deskbook for the Business Lawyer, Fourth Edition is a valuable and practical "go-to" reference guide for general practitioners, business lawyers, and corporate counsel who need to quickly learn and understand the intellectual property (IP) issues and challenges that may arise in various business contexts. Some of the topics to will be featured in the upcoming edition will be start-up companies, security interests, licensing, due diligence, bankruptcy, antitrust law, real property transactions and many more topics.


Most importantly, Wallace and Douglas remind companies and their legal counsel that if intellectual property rights are licensed to others, there are potential antitrust implications that must be considered. This flows from the fact that most antitrust laws prohibit certain “combinations in restraint of trade,” and many license agreements contain provisions that restrain how the licensed IP can be used. Therefore, license agreements may (even unintentionally) be interpreted as unlawful restraints on trade.


Mr. Wallace states that “I am honored to have been asked once against by the ABA Business Law Section to contribute with Ms. Douglas to the latest edition of the Intellectual Property Deskbook. I strongly believe that this particular deskbook serves as an important resource to both practitioners and in-house lawyers alike. It is an easy-to-follow resource that outlines effectively the key IP issues to be aware of and consider when drafting business agreements and considering business ventures. Our contribution is Chapter 13 entitled ‘Intellectual Property and Antitrust Law.’” He went on to add that “we look forward to the anticipated publication of the fourth edition of this deskbook by the end of 2018 or within the first quarter of 2019.”


This is not the first time that Mr. Wallace has been asked to write for the ABA. In 2006 and 2014, Mr. Wallace drafted and updated a chapter of the ABA Business Torts and Unfair Trade Competition Handbook, Ch. 9 (3d ed), entitled “Subject Matter Jurisdiction in Antitrust and Business Torts Litigation.” In 2009 and 2013, Mr. Wallace and Ms. Douglas co-authored the updated chapter on Intellectual Property and Antitrust Law for the second and third editions of the ABA Intellectual Property Deskbook for the Business Lawyer: A Transactions-Based Guide to Intellectual Property Law,” Ch. 13 (2d and 3d eds.). 


Mr. Wallace frequently gives presentations and seminars on various business litigation matters. Most recently he gave a presentation at the New Orleans Louisiana (NOLA) Society for Human Resources Management (SHRM) (July 24, 2018).


Mr. Wallace is a founding member of Wallace Meyaski, LLC in New Orleans, Louisiana. He focuses his practice on complex commercial litigation matters. His practice includes the prosecution and defense of potential antitrust and other trade regulation violations while also serving as antitrust advisory counsel for several clients. Mr. Wallace’s experience includes the seeking and obtaining of regulatory approval of mergers and acquisitions in compliance with the Hart-Scott-Rodino Act. 


The current version (3rd Edition) of the ABA Deskbook is available at https://shop.americanbar.org/eBus/Store/ProductDetails.aspx?productId=214020

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The American Bar Association (ABA) Intellectual Property Deskbook for the Business Lawyer: A Transaction-Based Guide to Intellectual Property Law, Fourth Edition is forthcoming. Chapter 13 entitled ‘Intellectual Property and Antitrust Law’ was co-authored and revised by Kenneth Todd Wallace and  Dana M. Douglas.

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Mr. Kenneth Todd Wallace is an attorney and founding partner of the law firm, http://www.walmey.com/

K. Todd Wallace featured Guest Speaker at NOLA SHRM

Presentation discussed discrimination based on an employee’s physical appearance

Attorney Kenneth Todd Wallace served as the guest speaker at the New Orleans Louisiana (NOLA) Society for Human Resources Management (SHRM) Legal Perks meeting on July 24, 2018. This presentation followed a similar discussion led by Mr. Wallace on May 22, 2018. Due to the interest generated by the important topics addressed by Mr. Wallace in May, he was asked to lead a second round-table discussion at this most recent meeting.


Mr. Wallace led a presentation to local HR professionals on the latest developments and court decisions involving discrimination based on an employee’s physical appearance.  His discussion included potential liability under Title VII, the American with Disabilities Act, and relevant state laws. Recent decisions regarding alleged discrimination based upon an employee’s hairstyle, weight, clothes, jewelry, sexual orientation, and transgender status present significant issues for employers to consider. As Mr. Wallace explained, a number of recent court decisions have potentially expanded an employer’s liability in the workplace due to discrimination based on an employee’s physical appearance. Employees and employers alike should understand the implications of this evolving area of the law.


Mr. Wallace had this to say during his presentation to local labor, employment attorneys and HR professionals, “[for years, the courts rarely interfered with an employer’s business judgment to impose appearance and grooming standards unless the standard bore a clear and unequivocal relationship to a protected class However, such policies should not have a disparate impact on any particular protected class regardless of the employer’s intention. Today, more and more courts have begun to expand Title VII liability in certain areas and, as a result, employers must stay on top of these developments.” He went on to add “employers should conduct training sessions with their human resource departments and supervisory personnel to ensure any workplace investigations, employment decisions and benefit offerings comply with Title VII protections as this area of the law evolves and potentially expands.”


Mr. Wallace also explained that most employers would agree that appearance is important. As a result, courts have upheld an employer’s legitimate business interest in employee appearance because first impressions, maintaining a certain corporate image, and the appearance’s impact on the perception of certain characteristics are important and legitimate considerations.

 

While Title VII prohibits discrimination based on certain protected classes including race, color, age, religion, national origin, or disability, there are no comprehensive federal laws preventing an employer from making an employment decision based on an employee’s hairstyle, jewelry, facial hair, etc. However, an employer’s insistence on an employee’s “professional appearance” and “maintaining the right image” can be legitimate or nothing more than a means of cloaking intentional discrimination.


NOLA SHRM serves local affiliate of the Society for Human Resources Management, the world’s largest HR professional society representing 285,000 members in more than 165 countries. With more than 530 local members, NOLA SHRM is the only Louisiana SHRM Chapter to reach Mega-level membership providing us a greater professional networking benefit. Through NOLA SHRM learning opportunities, its members are empowered to be the voice of the profession using sound and ethical practices on human resource management issues. Since 1962, NOLA SHRM has served as a resource for local human resources professionals and businesses providing a forum for personal and professional development on issues related to human resource management, promoting fellowship, and offering various networking experiences to keep our members engaged and current on industry trends.


Mr. Wallace received his Juris Doctor, cum laude, from Loyola University College of Law, New Orleans, LA. While at Loyola, he served as the Managing Editor of the Loyola Law Review, and as a member of the William C. Vis International Commercial Arbitration Team. Before law school, he received his Bachelor of Arts, Political Science, from the University of North Carolina, Chapel Hill, NC.


Website of NOLA: https://nola.shrm.org

About the event: https://nola.shrm.org/events/2018/07/legal-perk-july

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 NOLA SHRM serves local affiliate of the Society for Human Resources Management, the world’s largest HR professional society representing 285,000 members in more than 165 countries. With more than 530 local members, NOLA SHRM is the only Louisiana SHRM Chapter to reach Mega-level membership providing us a greater professional networking benefit.  

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K. Todd Wallace Starts Legal Blog on Antitrust Matters

Shares the experience gained in almost 20 years of antitrust practice

Kenneth Todd Wallace, a respected Antitrust Law attorney based in New Orleans, LA, announced today his new legal blog http://KToddWallaceBlog.blogspot.com/ which will focus primarily on complex legal issues in the area of Antitrust Law, unfair trade-related legal matters, and complex commercial litigation.


The experienced antitrust law attorney has launched this blog with legal commentary and analysis in this complex area of the law in response to his perceived void of commentary in this area, particularly in the Gulf South.

 

“With all the recent developments and complex summaries regarding the evolving nature of Antitrust Law, I felt that I could help simplify the real issues at hand for those impacted by this area of the law.” said Kenneth Todd Wallace. As a legal practitioner, I am sharing the experience I have gained in almost 20 years of solving complex Antitrust Law issues,” he added.


The Blog features legal analysis and commentary on precedential court decisions and the impacts of those decisions on businesses in a broad range of industries. It will also include legal commentary and updates on important regulatory developments.


About K. Todd Wallace


Kenneth Todd Wallace is an attorney and founding partner of the law firm Wallace Meyaski, LLC. He has nearly 20 years of experience in the legal and business professions with established excellence in trial advocacy, negotiation, strategic and initiative planning, antitrust and employment law compliance, government relations, mergers and acquisitions, and team building. 

Blog of Kenneth Todd Wallace at https://ktoddwallaceblog.blogspot.com/

Blog of Kenneth Todd Wallace at https://ktoddwallaceblog.blogspot.com/