March 2010
By Kathryn Alfisi

2010 Judicial and Bar Conference Honors Three Outstanding Advocates
The local legal community will honor the accomplishments of three colleagues in the profession when members of the bench and bar convene on April 8 and 9 for the 2010 District of Columbia Judicial and Bar Conference.

The fifth biennial conference, which takes place at the Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Avenue NW, will explore the theme “Survival Strategies for Modern Legal Times.”

At the conference luncheon, the D.C. Bar will present its 2010 Beatrice Rosenberg Award for Excellence in Government Service to Harry Fulton, chief of the Public Defender Service for the District of Columbia’s Mental Health Division. The annual award honors a Bar member whose career accomplishments include outstanding counsel to a government agency, exceptional service to the legal profession or the community, and unselfish contributions to advance the careers of colleagues.

Separately, the D.C. Bar Foundation will honor Eric S. Angel, legal director of the Legal Aid Society of the District of Columbia, and Vytas V. Vergeer, director of Bread for the City’s legal clinic, as co-recipients of its 2010 Jerrold Scoutt Prize. Angel and Vergeer are being recognized for their collaborative efforts to reform pro bono tenant representation in the D.C. Superior Court Landlord and Tenant Branch.

The prize, named in honor of the founding partner of Zuckert, Scoutt & Rasenberger LLP, is awarded annually to an attorney working with an area nonprofit organization that provides direct, hands-on legal services to the poor and disadvantaged.

The first day of the conference features afternoon programs focusing on the theme, while day two offers eight seminar programs and two plenary sessions, a musical continuing legal education program called “Ethics Rock Extreme,” a membership forum on the D.C. Bar’s first strategic plan, and another forum on judicial selections.

Two seminars on electronic communications have been lined up for the conference. The first seminar will explore emerging e-communication issues in the court before, during, and after trial, and the other will review the pitfalls for lawyers.

Other programs target topics such as the keys to successful law firm management, perceptions of race and ethnic disparities in the courts, how to navigate District tax disputes, prosecutors’ disclosure obligations, and postconviction issues.

John A. Payton Jr., president and director-counsel of the NAACP Legal Defense Fund, will be the keynote speaker at the conference luncheon.

For more information on the 2010 Judicial and Bar Conference, contact Verniesa R. Allen at 202-737-4700, ext. 3239, or conference@dcbar.org, or visit www.dcbar.org/conference.

SAVE THE DATE!
2010 Presidents’ Reception & Annual Business Meeting and Awards Dinner
The 2010 Presidents’ Reception and the D.C. Bar Annual Business Meeting and Awards Dinner will be held on Thursday, June 24, at The Renaissance Mayflower Hotel, 1127 Connecticut Avenue NW. The Presidents’ Reception will be held at the hotel’s State Room from 6 to 7:30 p.m., while the Annual Business Meeting and Awards Dinner takes place at the Grand Ballroom starting at 7:30. For more information on the Presidents’ Reception, contact Kathy Downey at 202-588-1857 or kmdowney@erols.com. For details on the Annual Business Meeting and Awards Dinner, contact Verniesa R. Allen at 202-737-4700, ext. 3239, or vallen@dcbar.org.

New CLE Offering Covers Trademark Cases
In March the D.C. Bar Continuing Legal Education (CLE) Program will hold a new course covering fraud in trademark cases.

“Fraud in Trademark Cases: Impact of the Federal Circuit’s New Standard” on March 8 is designed for trademark practitioners, in-house counsel, general practitioners, and litigators who counsel and represent trademark owners in prosecution, maintenance, and infringement matters.

Since 2003, third parties have pleaded and prevailed in opposition and cancellation proceedings before the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office based on a finding of fraud under a “knew or should have known” standard of a material misrepresentation in the facts of the registration.

On August 31, 2009, in In re Bose Corp., the United States Court of Appeals for the Federal Circuit handed down a decision that essentially eviscerated this longstanding, but purportedly lenient, standard for a finding of fraud in trademark cases.

This presentation will explore the impact of the court’s ruling, including how the TTAB is handling fraud claims post-Bose. In addition to general trademark practice and maintenance tips, participants will learn how to defend their clients against claims of fraud and how to avoid fraud claims.

Cheryl L. Black, of counsel at Goodman Allen & Filetti, PLLC; and Michael F. Clayton, a partner at Morgan, Lewis & Bockius, LLP, will serve as faculty.

The program takes place from 6 to 8:15 p.m. and is cosponsored by the D.C. Bar Corporation, Finance and Securities Law Section; Intellectual Property Law Section; Litigation Section; and Tort Law Section.

This course takes place at the D.C. Bar Conference Center, 1101 K Street NW, first floor. For more information, contact the CLE Office at 202-626-3488 or visit www.dcbar.org/cle.

Federal Bar Holds 34th Annual Tax Law Conference
The Federal Bar Association’s Section on Taxation will hold its 34th Annual Tax Law Conference on March 5 at the Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Avenue NW.

Intended for attorneys, accountants, and tax practitioners in government and private practice, the conference will include a tax legislative update and symposia covering topics such as international tax, tax accounting, domestic corporate tax, employee benefits and executive compensation, and tax treaty issues.

Conference highlights include a luncheon featuring Judge Francis Allegra of the U.S. Court of Claims and the presentation of the 2010 Kenneth H. Liles Award to Fred T. Goldberg Jr., a partner at Skadden, Arps, Slate, Meagher & Flom LLP and former IRS commissioner.

Registration begins at 7:30 a.m. and the conference closes with a reception from 6 to 8 p.m.

For more information, contact the Federal Bar Association at 571-481-9100, or fba@fedbar.org, or visit www.fedbar.org.

Sections Luncheon Looks at Securities Class Actions
On March 10 the Investor Rights Committee of the D.C. Bar Corporation, Finance and Securities Law Section will hold the luncheon program “Private Securities Litigation: Critical Trends and Developments in Securities Class Actions.”

The luncheon features a panel of practitioners who will explore the legal and practical considerations impacting pleading standards, class certification, secondary liability, subject matter jurisdiction of U.S. courts over claims of non-U.S. investors, and trends in the number and nature of securities class actions.

Speakers include Charles Davidow, a partner at Paul, Weiss, Rifkind, Wharton & Garrison LLP; Daniel S. Sommers, a partner at Cohen Milstein Sellers & Toll PLLC; and Andrew Tulumello, a partner at Gibson, Dunn & Crutcher LLP. Michael Lowman, a partner at Jenner & Block LLP and former assistant chief litigation counsel for the U.S. Securities and Exchange Commission’s Division of Enforcement, will moderate.

The program takes place from 12 to 2 p.m. at the D.C. Bar Conference Center, 1101 K Street NW, first floor. It is cosponsored by the D.C. Bar Courts, Lawyers and the Administration of Justice Section; Litigation Section; and Labor and Employment Law Section.

For more information, contact the Sections Office at 202-626-3463 or sections@dcbar.org.

New Course Examines D.C. Fee Agreements
On March 16 the D.C. Bar Continuing Legal Education (CLE) Program will offer advice on developing fee agreements and the ethical issues involved through its new course “Fee Agreements in the District of Columbia: Ethical and Practical Guidance.”

This course will explain the requirements of a written agreement, including the scope of the agreement; fee structure (hourly, fixed, contingency, and others); and handling of expenses. Attendees will learn about the implications of the recent In re Mance decision dealing with flat fees and restrictions on nonrefundable fees, how to deal with client files and property in fee agreements, and how to address fees to be charged for the services of associates and legal staff.

Joel P. Bennett of the Law Offices of Joel P. Bennett, P.C.; attorney Heather C. Bupp-Habuda; Daniel M. Mills of the D.C. Bar Practice Management Advisory Service; and Wallace “Gene” Shipp Jr., bar counsel for the District of Columbia, will serve as faculty.

The course takes place from 6 to 9: 15 p.m. at the D.C. Bar Conference Center, 1101 K Street NW, first floor. It is cosponsored by the D.C. Bar Administrative Law and Agency Practice Section; Corporation, Finance and Securities Law Section; Courts, Lawyers and the Administration of Justice Section; Estates, Trusts and Probate Law Section; Family Law Section; International Law Section; Labor and Employment Law Section; Law Practice Management Section; Litigation Section; and Tort Law Section.

For more information, contact the CLE Office at 202-626-3488 or visit www.dcbar.org/cle.

FCC’s Ruth Milkman Speaks at Women’s Bar Luncheon
On March 11 Ruth Milkman, chief of the Wireless Telecommunications Bureau of the Federal Communications Commission (FCC), will speak at a Women in Government luncheon hosted by the Women’s Bar Association of the District of Columbia (WBADC).

Milkman will discuss her duties at the FCC, as well as her career path leading to her current position.

Milkman has been with the FCC since 1986, serving in various positions such as deputy chief of the International Bureau and of the Policy and Program Planning Division of the Common Carrier Bureau.

The luncheon, presented by WBADC’s Communications Law Forum, takes place from 12 to 1:30 p.m. at Willkie Farr & Gallagher LLP, 1875 K Street NW.

To register or for more information, contact Jade Nguyen at 202-639-8880, or admin@wbadc.org, or visit www.wbadc.org.

ASIL Explores International Law Changes at 104th Annual Meeting
The American Society of International Law (ASIL) will hold its 104th Annual Meeting from March 24 to 27 at The Ritz-Carlton, 1150 22nd Street NW, under the theme “International Law in a Time of Change.”

ASIL’s annual meeting brings together more than 1,000 practitioners, academics, and students to discuss the latest developments in international law. This year’s meeting will explore the remaking of international law through new modes of lawmaking, new methods of global governance, new substantive rules to address evolving problems, and new individuals and institutions involved in international and transnational problems.

Highlights include a keynote lecture by Harold Hongju Koh, legal adviser to the U.S. Department of State, and comments from Edith Brown Weiss, a professor at the Georgetown University Law Center; Meg Kinnear, secretary-general of the International Centre for the Settlement of Investment Disputes; and Georgetown Law professor Dinah Shelton.

Various panels will discuss topics such as climate change, China on the world stage, extraterritoriality, corruption and human rights, women’s rights, detention and interrogation policy in the Obama administration, and environmental justice.

For more information, contact Wendy Roller at 856-642-4218, or wroller@asil.org, or visit www.asil.org.

Reach D.C. Bar staff writer Kathryn Alfisi at kalfisi@dcbar.org.