California Supreme Court Ruling on Pharmaceutical Settlement Agreements


Copyright: <a href=''>jirkaejc / 123RF Stock Photo</a>In a recent Wall Street Journal article, Ed Silverman reports that a recent California Supreme Court ruling is being hailed as a victory for consumers.  The article focuses on the California Supreme Court’s ruling that so-called pay-to-delay settlements that keep generic pharmaceuticals off the market violate California’s anti-trust law. Some analysts have hailed the decision as a victory for consumers by ensuring generic competition and lower prices are not forestalled, while others said that the ruling will open up the industry to further legal attack.


Mark Lemley, a Stanford Law School professor said, “The decision is a big win for consumers, because it means that the vast majority of pay-for-delay settlements will be illegal in California, and companies will be less likely to enter into those agreements if they are banned in the country’s largest market,”


The court’s ruling can be read here.


The full article can be read here.


Photo Credit: jirkaejc 

What You Can Do to Help Prevent Texting & Driving


Watch President and CEO Michael J. Swanson‘s recent interview with Larry Bodine from as he talks about the dangers of texting & driving and how you can help prevent it.



To contact Mr. Bodine, visit the following webpage:


To read Mr. Bodine’s article about texting and driving, click here.


To watch the video mentioned during this interview, click here.


LA Supreme Court Decision Has National Impact on Bad Faith Claims


Advocate Capital Inc. client Frank Tomeny IIIThe Louisiana Supreme Court recently issued a decision that will have national implications on how insurance companies defend bad faith claims.  Advocate Capital’s friend and client, Frank Tomeny III of Tomeny Law Firm APLC was instrumental in bringing the issue before the Louisiana Supreme Court. Tomeny successfully argued that an insurer can be found liable for bad faith for failing to settle a claim even if it never received a firm settlement offer.


Frank represented his client in a claim against the defendant, and the defendant’s insurer, State Farm.  Mr. Tomeny recommended settlement for the entire policy limit, which State Farm ignored for months.  After plaintiff obtained an excess judgment, the defendant assigned his bad faith claim against State Farm to plaintiff.  The bad faith matter was removed to Federal Court and subsequently appealed to the US Fifth Circuit Court. The Fifth Circuit certified two questions to the Louisiana Supreme Court. The Louisiana Supreme Court agreed to answer the certified questions, and after oral argument, unanimously held:


1)       “an insurer can be found liable for a bad-faith failure-to-settle claim under La. R. S. 22:1973(A), notwithstanding that the insurer never received a firm settlement offer and

2)       an insurer can be held liable under La. R. S. 22:1973(B)(1) for misrepresenting or failing to disclose facts that are not related to the insurance policy’s coverage; the statute prohibits the misrepresentation of “pertinent facts”, without restriction to facts “relating to any coverages.”


Mr. Tomeny said of the Supreme Court’s decision:


This clearly establishes all Louisiana insurers owe an affirmative duty to adjust claims fairly and promptly and to make reasonable effort to settle claims with the insured or the claimant and must not engage is misrepresentation of pertinent facts.  We hope this decision will be a wake up call to State Farm and all insurers who do not fairly and promptly make reasonable efforts to adjust claims fairly and end the practice of withholding the policy limits from third party claimants.


For more on the Supreme Court’s answers raised in Kelly v State Farm case click here.


Tomeny Law Firm APLC is located in Baton Rouge, LA representing clients in personal injury matters throughout the Louisiana.  Frank‘s peers nominated him as a Martindale-Hubbell top-rated lawyer and The National Board of Trial Advocacy certified Frank in Civil Trial Advocacy.  He is a member of the Baton Rouge Bar Association, the American Association for Justice, the American Bar Association, the Texas and Louisiana Bar Associations, and is on the Board of Governors for the Louisiana Association of Justice.


Congratulations to Frank Tomeny and his team at Tomeny Law Firm APLC!  Advocate Capital, Inc. is proud to support the important work done by trial lawyers like Frank Tomeny.


Donna Jones

Senior Vice President


Advocate Capital, Inc. Preakness Party


Advocate Capital, Inc. 2015 Preakness Party WinnersOn Friday, May 15th, Advocate Capital, Inc. Nashville office employees enjoyed a Preakness themed party for this month’s employee appreciation event. Box lunches were provided by South Street Smokehouse & Crab Shack and dessert featured Preakness favorite, Bergers Cookies.


The first party activity was voting for the Best Derby Hat. The winner with 11 votes was Quality Assurance Analyst Sarah Hazelwood. Next, employees raced to finish their custom ‘jockey jersey’ in a timed event. After 5 minutes and tallying votes, Business Development Manager Michelle Simms won Best Jockey Jersey with her duck themed design.


Advocate Capital, Inc. 2015 Preakness Party Shirley Johnson winnerThe fun didn’t stop there as employees were divided up into heats to race against each other in the miniature magnetic horse races.  Each employee received a personalized horse name to cheer for in four different races. The winners from each race were Sarah Hazelwood, Todd Jackson, Shirley Johnson and Paul Myers. During the final championship race, Shirley Johnson’s horse, Don’t Call Me Shirley, got off to a flying start and never looked back. She received two of the miniature horse race games as her grand prize.


Lastly, employees cast their votes for the actual winner for the 140th Preakness Stakes Race. Thirteen employees won with their vote for American Pharaoh.


Thanks to all the employees for making this such a fun event across the board. Special thanks to the Marketing Team for planning and hosting the event.


Be sure to check out our Facebook and Google+ albums to see photos.


Tina Burns

Vice President


Memorial Day Hours


Copyright : Richard Laschon In observance of the Memorial Day holiday, our offices will be closed on Monday, May 25th.  All payments, fundings and other transactions received on this day will be processed promptly on Tuesday, May 26th. Should you have any questions regarding the processing of any transaction, please feel free to contact our Accounting Team at 1-615-577-5448 or by email to this address:


The entire Advocate Capital, Inc. Team wishes a safe holiday to all of our customers, staff and their families.


Michael J. Swanson

President and CEO


Photo Credit : Richard Laschon 

2015 Advocate Capital, Inc. / AAJ Paralegal of the Year Award Nominations Now Open


As seen on Boston GlobeMarketWatchReuters and Yahoo! Finance.


AAJ / Advocate Capital, Inc. Paralegal of the Year AwardFor the fourth year, Advocate Capital Inc. is partnering with the American Association for Justice (AAJ) to sponsor the Advocate Capital, Inc. / AAJ Paralegal of the Year Award. We hope that this award continues to bring well deserved attention to the crucial role that paralegals play in our civil justice system.


The Advocate Capital, Inc. / AAJ Paralegal of the Year Award is presented to a paralegal that has consistently demonstrated knowledge of the law, perseverance in their cases and to their attorneys’ clients, superior paralegal skills and whose commitment and overall attitude is an inspiration to other paralegals. Judging criteria is based on a candidate’s commitment to the paralegal community, continuing legal education and their community through volunteering. Any Paralegal Affiliate of AAJ who has been a member for at least one year is eligible for nomination. A candidate must be nominated by an AAJ Attorney Member in good standing or by another AAJ Paralegal Affiliate. The deadline for nominations is June 5, 2015.


(Download the 2015 Paralegal of the Year Award nomination form)


The 2015 Paralegal of the Year Award recipient receives free airfare, hotel and registration to AAJ’s 2015 Annual Convention in Montreal, Canada on July 11-14.


If you know someone who fulfills these criteria, please submit your nomination via email to Jennifer Rafter, Caucus Group Manager, at or Mary Skinner, co-chair of the Paralegal Affiliates at


Advocate Capital, Inc. is the premier provider of strategic financial products and accounting services for successful trial law firms nationwide. They serve the plaintiff bar from their headquarters in Nashville, Tenn. and now enjoy a client base that extends nationwide. For more information, visit


Meet Attorney Lance Cooper


President and CEO Michael J. Swanson interviews Attorney Lance Cooper of The Cooper Firm about how Advocate Capital, Inc.’s case expense financing has benefited his practice and his clients.



Industry News: May is Motorcycle Awareness Month


Copyright : Karen RoachI was reminded by Attorney Timothy J. Ryan that in the State of California May is Motorcycle Awareness Month.


Mr. Ryan notes the following statistics in his blog:


• The fatality rate is SIX TIMES HIGHER for motorcyclists than passenger car riders.


• 4,668 people were killed and 88,000 injured in motorcycle accidents in 2013.


Mr. Ryan also shares multiple tips for avoiding motorcycle accidents all together. You can read all about them in his most recent blog:


Bottom line for all motorists…be aware, be careful, be mindful and most of all share the road.


Jeff Glueck

Vice President – Business Development


Photo Credit: Karen Roach

Google’s Plans to Eliminate Doorway Pages


Photo Credit: Stuart MilesIsn’t it frustrating when you do a Google search, click link after link for information, yet still find yourself back at square one with nothing? Well, Google is working on improving users’ experiences just like this by eliminating the internet world of doorway pages.


These doorway pages, as they are called, are pages or complete websites that people land on following a Google search that are, ultimately, the middleman between users and content. These doorway pages do not contain quality information, but are ranked highly for the keywords searched.


For more information on doorway pages and how Google is working to solve this issue, read the full Brafton article here.


Tina Burns

Vice President


Photo Credit: Stuart Miles

Industry News: Congratulations Darren Penn!


GTLA President Darren PennDuring the Georgia Trial Lawyers Association annual meeting held in Atlanta on April 30th, Darren Penn of the law firm Harris Penn Lowry was named its 60th president. He replaced outgoing president Linley Jones of The Linley Jones Firm, PC.


You can read the announcement here.


Mr. Penn pledges his one year term will be focused on protecting Georgians right to a trial by jury.




Every  year, it seems it’s a little more difficult to get your cases to trial and more difficult to get the evidence you need in discovery….Every year, more bills are introduced at the Capital that could affect the right to trial by jury in Georgia.


Mr. Penn has been practicing law since 1994.  He formed his current firm in 2006.  He goes on to say, “I am one of those who will tell you I am a trial lawyer.  I love what I do.”


From everyone here at Advocate Capital, Inc., congratulations Darren Penn!  Thank you for what you do.


Jeff Glueck

Vice President – Business Development


Photo Credit: GTLA

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