Media Mentions
2012
“Coventry Rips Sanctions Bid in OSF Hospital Merger Fight”
Law360, January 30, 2012
David Marx, William Schuman and Amy Carletti were noted as representing Rockford Health System in its proposed merger with OSF Healthcare System, a transaction now being contested by the Federal Trade Commission in federal court and in FTC administrative proceedings.
Amy J. Carletti, David Marx Jr., William P. Schuman PC, Antitrust & Competition, Trial
2011
“Insured’s Parent Company Cannot Be Sued in Dispute Over Attorney Fee Award”
Insurance Law & Litigation Week, October 10, 2011
William Schuman, Katharine O’Connor and Monica Quinn Halloran were counsel to Merge Healthcare in securing a ruling in U.S. District Court for the Northern District of Illinois that their client was entitled to dismissal from a declaratory judgment action over an attorney fee coverage dispute with an insurer.
Monica Quinn Halloran, Katharine O'Connor, William P. Schuman PC, Trial
“Merge Healthcare Exits Coverage Fight Over $3M Award”
Law360, September 8, 2011
William Schuman called it “an absolutely clear result in our favor” that an Illinois federal judge allowed the removal of Firm client Merge Healthcare from an insurer’s lawsuit filed involving a company Merge recently acquired. “The court said we were correct – the parent company does not belong in the lawsuit – and said that so clearly, the court denied [the insurer] even the right to amend the complaint,” stated Mr. Schuman, who represented the client together with Monica Quinn Halloran and Katharine O’Connor.
“Ex-Diebold CFOs Eye Janus Defense in SEC Fraud Case”
Law360, August 19, 2011
Steven Scholes, on behalf of one of two former CFOs of Diebold Inc., asked an Ohio federal judge to allow use of the U.S. Supreme Court ruling in Janus Capital Group v. First Derivative Traders in objecting to a recommendation that federal fraud claims against the CFOs be allowed to stand. Mr. Scholes asserted that “Janus requires the court to dismiss all of the 10(b)5 and Section 17(a) fraud allegations,” which would gut the SEC’s fraud case. Serving on the McDermott team with Mr. Scholes are William Schuman, Jocelyn Francoeur and John Kocoras.
Jocelyn D. Francoeur, John C. Kocoras, Steven S. Scholes, William P. Schuman PC, Trial, White-Collar & Securities Defense
“Vetting Controversial Clients: How AmLaw 200 Firms Do It”
American Lawyer, May 3, 2011
William Schuman, head of McDermott’s professional responsibility committee, said the Firm’s client intake process includes conflict checks and review of public information. “We, like most big firms, have become more cautious and want to be careful about not taking on bad risk,” he stated. Mr. Schuman added that such a process “doesn’t mean we don’t defend clients that need defense,” but rather that “the principle can have limits,” as in looking carefully at a matter that could “demoralize people at the firm.” Such matters are “red flagged” and reviewed by the firm’s leadership, he said.
2010
“5 Legal Malpractice Case To Watch”
Law360, September 24, 2010
William Schuman spoke on the general issue of legal malpractice lawsuits. Such cases, which can arise when law firm clients accused of not paying their bill respond with an allegation of malpractice, often become “a battle of experts” regarding such issues as standards of care, actual harm and damages, Mr. Schuman said. He added that plaintiffs frequently accuse firms of conflict of interest, a claim Mr. Schuman said gets the jury’s attention even if it is made to bolster an otherwise weak case.
William P. Schuman PC, Professional Responsibility, Trial
2009
The AmLaw Daily interviewed William Schuman (May 29), discussing the increase in lateral movement and how partners can make a graceful exit. Mr. Schuman said that the most important thing for partners to remember is that they're not allowed to solicit clients or associates of their firm while they're still there. "Once you're gone you can solicit your old clients." He noted that some clients may have a need to know what their lawyers intentions are. "Some clients have a need to know, especially if they've got an urgent matter....In an emergency circumstance, you're allowed to call your client and tell them you're leaving. You can give them three options: come with you to your new firm, stay at the old firm, or go with another firm entirely. You just tell them those options so they can evaluate them."
William P. Schuman PC, Professional Responsibility, Trial
William Schuman was quoted in a June 10 story by the ABA/BNA Lawyers Manual of Professional Conduct Current Reports, summarizing his presentation on loyalty and confidentiality to the ABA National Conference on Professional Responsibility. Mr. Schuman commented on a federal court ruling that outside counsel had breached their duty of loyalty to a corporate executive by not stating during an internal investigation interview that they represented the executive’s employer and not him.
William P. Schuman PC, Professional Responsibility, Trial
William Schuman, chair of McDermott's Professional Responsibility Committee, spoke to Law.com about how lawyers should properly leave their firms. For partners, he said, "The first thing to remember is you're not allowed to solicit clients or the associates of your firm while you're still there. The right way to go about this is to at least let your firm know you're planning on moving before you tell your clients." Mr. Schuman noted that the economic downturn has made some lawyer departures from their firms messier, but he advises departing lawyers to "always err on the side of caution. These people [at the previous firm] are not only your partners, but often your friends. The more open you are, the better. If things get nasty, you still have a duty to protect the client's interests."
2008
William P. Schuman was quoted on December 19 by Law360 in an article regarding experts' predictions that the economic crisis may lead to a rise in legal malpractice lawsuits. He stressed the importance of screening clients to ensure that they are not involved in questionable activities, that they don't have a history of suing their lawyers and that they are able to pay their legal bills. "Do some background checking to determine whether it's someone you want to represent," he said. Mr. Schuman added that it is also important to efficiently record time spent on client matters, noting that McDermott requires its lawyers to record time within three days of performing the work. "We believe that's important, because if lawyers get lazy and wait two weeks, the accuracy of reporting has to suffer. And if there's ever a quarrel with the client, demonstrating that you were timely in recording helps," he said.
William P. Schuman PC, Professional Responsibility, Trial
William P. Schuman was quoted extensively in the March 5 issue of the ABA/BNA Lawyers' Manual On Professional Conduct in an article regarding his presentation at the 2008 Legal Malpractice and Risk Management Conference held February 27 to 29, 2008, in Chicago, Illinois. Mr. Schuman’s presentation discussed the risks and legal exposure for attorneys arising out of their representation of multiple clients in complex transactions.
William P. Schuman PC, Professional Responsibility, Trial
2007
William Schuman was quoted in the February issue of CFO in an article on a recent Delaware Supreme Court decision regarding director liability. Ruling in the case Stone v. Ritter, the court stated that the complainants must prove directors "knew that they were not discharging their fiduciary obligations." Mr. Schuman said, "Proving simple negligence is not going to be enough. What [the Delaware court] is looking for is something very close to intent. It's a really tough standard to meet."
William P. Schuman PC, Corporate Responsibility and Governance, Professional Responsibility, Trial
2006
William P. Schuman was quoted in the September 25 issue of The National Law Journal in an article about the government increasingly holding general counsel liable when a company's actions come into question. Mr. Schuman stated that enforcement agencies currently take the stand that GCs should not just look out for their employer but also need to also protect the shareholders' interests. "We're seeing more inquiries and investigations where the conduct of in-house counsel is being examined every bit as much as the business people's." he said.
William P. Schuman PC, Securities, Trial
William P. Schuman was quoted in an August 24 article published by Securities Law360 regarding options backdating investigations targeting attorneys and auditors involved in the development of executive stock options plans. Mr. Schuman commented that a new trend is arising where companies that are accused of options backdating may try to avoid severe punishments by arguing that they were merely following the direction of their legal and financial advisors. "If the companies and their management are being accused of wrongdoing, they may point to their legal and accounting advisors," he said.
William P. Schuman PC, Securities, Securities Litigation, Trial
