September 2010
By Kathryn Alfisi

CNN’s Gupta Among Honorees at Helping Children Soar Event
On September 21 the Children’s Law Center (CLC) will honor Dr. Sanjay Gupta, chief medical correspondent at CNN, with its Distinguished Child Advocate Award during its annual Helping Children Soar celebration and benefit. Covington & Burling LLP will receive the Pro Bono Champion Award.

In addition to recognizing members of the legal, business, and philanthropic communities for their contributions to helping at-risk children in the District of Columbia, the event raises money for CLC programs that provide legal services on behalf of children.

The benefit takes place from 6 to 9 p.m. at The Kennedy Center Roof Terrace Restaurant & Bar, 2700 F Street NW.

For more information, contact Jessica Gelin at 202-467-4900, ext. 571, or jgelin@childrenslawcenter.org, or visit www.childrenslawcenter.org.

CLE Program Offers Two Ethics Courses in September
In September the D.C. Bar Continuing Legal Education (CLE) Program will examine the dual ethical obligations of government attorneys and, in a separate ethics course, provide guidance on how to avoid malpractice complaints.

The first course, “Ethics and Professional Conduct for Government Attorneys 2010: Complying With Dual Sets of Rules” on September 20, will teach attendees how to comply with the added ethical rules and considerations that apply only to those in government service.

Faculty experts Heather Bupp-Habuda and Peggy Love will explore what ethics rules govern, the duty of confidentiality, ethics rules that apply to outside activities such as pro bono work, and conflicts of interest. The D.C. Rules of Professional Conduct and government ethics rules that affect government attorneys’ ethical obligations also will be discussed.

The course, which takes place from 5:30 to 8:15 p.m., is cosponsored by the D.C. Bar Administrative Law and Agency Practice Section; Computer and Telecommunications Law Section; Corporation, Finance and Securities Law Section; Courts, Lawyers and the Administration of Justice Section; Criminal Law and Individual Rights Section; Environment, Energy and Natural Resources Section; Labor and Employment Law Section; Litigation Section; and Real Estate, Housing and Land Use Section.

On September 29, from 6 to 9:15 p.m., the course “Avoiding Malpractice and Bar Complaints 2010” will teach attendees daily practice and risk-prevention techniques to help reduce the possibility of a bar complaint and related malpractice claim from being filed.

In recent years more than 35,000 legal malpractice claims were filed annually against lawyers with malpractice insurance; many more complaints were filed against those who were not insured.

Participants will learn how to choose clients and cases and avoid conflicts, communicate effectively, and handle client funds properly. Faculty also will discuss the major differences among relevant ethics rules of the District of Columbia, Maryland, and Virginia.

This course will be led by Elizabeth Francis, an associate at Carr Maloney P.C.; Julia Porter, senior assistant Bar counsel; and Dennis Quinn, a member of Carr Maloney. It is cosponsored by the D.C. Bar Courts, Lawyers and the Administration of Justice Section; Criminal Law and Individual Rights Section; Law Practice Management Section; and Litigation Section.

Both courses will be held at the D.C. Bar Conference Center, 1101 K Street NW, first floor. For more information, contact the CLE Program at 202-626-3488 or visit www.dcbar.org/cle.

WBA Networking Event Honors Stars of the Bar
The Women’s Bar Association (WBA) of the District of Columbia will hold its annual Stars of the Bar fall networking reception on September 15, honoring women in the legal community for their accomplishments.

The reception, which is free to attend, offers participants the opportunity to network and learn more about the WBA. In years past, the event has attracted more than 500 attorneys, judges, and law students.

This year the WBA, in partnership with Capital Area Food Bank, will honor general counsel who have made an impact on women in the workforce. Attendees who make a food or monetary donation at the event will be entered into a drawing for a door prize.

The reception will take place from 6 to 8 p.m. at Hogan Lovells, Columbia Square, 555 13th Street NW. For more information, contact the WBA at 202-639-8880 or admin@wbadc.org, or visit www.wbadc.org.

Two CLE Courses Tackle Sexual Harassment Cases
Recognizing that sexual harassment cases are becoming an increasingly significant part of federal and state court dockets, the Continuing Legal Education (CLE) Program will offer two courses that will help lawyers respond quickly and effectively to developments in this highly charged area of civil litigation.

On September 21 the course “Sexual Harassment Cases in Federal and D.C. Courts: The Law, Cutting-Edge Issues, and How to Screen Cases” will explore the claims and defenses often raised in sexual harassment cases, with a focus on litigating these claims.

Among the topics to be discussed are quid pro quo/hostile work environment dichotomy, elements of a claim of sexual harassment, basis for employer liability, Ellerth/Faragher affirmative defense, constructive discharge as a “tangible employment action,” high-profile state harassment cases that illustrate trends and important differences in federal and state laws, key developments in the areas of employer liability in the wake of the Ellerth/Faragher cases, differences between Title VII and the D.C. Human Rights Act, and screening, asserting, and investigating sexual harassment cases.

Edward Lee Isler of Isler Dare Ray Radcliffe & Connolly, P.C. and Debra Katz of Katz, Marshall & Banks, LLP will serve as faculty.

The CLE Program is offering a $29 discount to those who register for this course and the September 28 course “Litigating Sexual Harassment Cases in Federal and D.C. Courts: Practical and Tactical Advice.”

The September 28th course will explore the practical and tactical considerations for asserting and defending against claims of sexual harassment. It will cover topics such as evaluating a claim of sexual harassment from both the employee and employer’s perspective, investigating a plaintiff’s claim, assessing damages, preparing a demand letter or administrative charge, responding to a charge of sexual harassment—best practices, investigating an employee’s complaint of sexual harassment, and advising the complainant about the outcome of the investigation.

Apart from Katz, attendees will hear from Elaine Bredehoft of Charlson Bredehoft Cohen & Brown, P.C.; Christine Nicolaides Kearns, a partner at Pillsbury Winthrop Shaw Pittman LLP; Richard Salzman, a partner at Heller, Huron, Chertkof, Lerner, Simon & Salzman, PLLC; and Grace Speights, a partner at Morgan, Lewis & Bockius LLP.

Both courses are cosponsored by the D.C. Bar Corporation, Finance and Securities Law Section; Family Law Section; Labor and Employment Law Section; and Litigation Section. The classes will be held from 6 to 9:15 p.m. at the D.C. Bar Conference Center, 1101 K Street NW, first floor.

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

Patent Infringement, Immigration, and Trademark Courses on Deck
Among other Continuing Legal Education (CLE) Program offerings in September are courses focusing on patent infringement cases, immigration and how to manage a global workforce, and trademark rights.

The September 13 course “How to Litigate a Patent Infringement Case” is a practical introduction to patent infringement litigation, from pre-filing investigation to appeal.

Patrick Coyne, a partner at Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, will discuss pre-filing investigations, jurisdiction and pleading issues, joinder of parties and claims, preliminary motions practice, discovery, working with experts, Markman (claim construction) motions, summary judgment, and pretrial and trial, including evidence, witnesses, and demonstrative exhibits.

Ethics issues, including conflicts of interest that may arise in the context of patent cases, will be explored through a series of hypotheticals. This course is ideal for both trial attorneys with a general civil litigation background and patent attorneys.

The course takes place from 6 to 9:15 p.m. and is cosponsored by the D.C. Bar Arts, Entertainment, Media and Sports Law Section; Intellectual Property Law Section; and Litigation Section.

On September 16 the course “Managing a Global Workforce: Key Issues in Immigration, Employment, Export Control, and Tax” will explore the issues that impact a global workforce.

Faculty will answer questions relating to the difference between a temporary and permanent assignment in the United States, and how a company can apply for the appropriate immigration status for each; when an individual needs an I-9; what the Internal Revenue Service wants to know about foreign workers; when U.S. export control regulations affect overseas employees; what an employer should do if he or she receives a Social Security No-Match letter; what could happen to a foreign worker in a merger, acquisition, or layoff situation; and what considerations are there for moving a U.S. employee overseas.

Patty Brickett, a partner at Argy, Wiltse & Robinson, P.C.; Alix Mattingly, a senior attorney at Maggio & Kattar, P.C.; John Nahajzer, a managing shareholder at Maggio & Kattar; and Thomas Scott III, of counsel at Ladner & Associates PC, will serve as faculty for this program.

The course, which takes place from 5:30 to 8:45 p.m., is cosponsored by the D.C. Bar Administrative Law and Agency Practice Section; Corporation, Finance and Securities Law Section; International Law Section; Labor and Employment Law Section; and Taxation Section.

On September 22, from 6 to 9:15 p.m., the course “How to Protect and Enforce Trademark Rights” will provide participants with an overview of the different types of trademarks, their use, and basis for a claim of ownership.

Attendees will learn about pre-litigation matters, including cease-and-desist letters, temporary restraining orders, and settlement issues. Faculty experts Steven Hollman, a partner at Hogan Lovells, and Shauna Wertheim, a partner at the Marbury Law Group, PLLC, also will discuss the basis for a claim such as infringement, unfair competition, dilution, and the anti-cyber squatting statute; jurisdiction and evidentiary issues; affirmative defenses and remedies; and appellate litigation issues.

The course is cosponsored by the D.C. Bar Computer and Telecommunications Law Section; Corporation, Finance and Securities Law Section; Intellectual Property Law Section; and Litigation Section.

All courses will take place at the D.C. Bar Conference Center, 1101 K Street NW, first floor.

For a listing of all September CLE courses or for more information, contact the CLE Program at 202-626-3488 or visit www.dcbar.org/cle.

Columbus School of Law Explores Ethical Impact of Therasense
On September 27 The Catholic University of America Columbus School of Law will hold a program focused on intellectual property and, in particular, the recent decision of the U.S. Court of Appeals for the Federal Circuit in Therasense, Inc. v. Becton, Dickinson & Co.

The program, titled “The Ethical Ramifications of Therasense: Inequitable Conduct Before the Patent Office,” will explore questions such as must parties disclose hundreds of prior art references or risk a finding of inequitable conduct, rendering the patent unenforceable; what does it mean to intentionally fail to disclose all material information; and is the defense of inequitable conduct being abused in litigation as parties seek to render unenforceable the patent they are accused of infringing.

The program starts at 5 p.m. at the National Press Club, located at 529 14th Street NW.

For more information, contact Thomas Haederle at the Columbus School of Law at 202-319-5438 or haederle@law.edu, or visit www.law.edu.

Asian Pacific American Bar Installs New Officers
On September 15 the Asian Pacific American Bar Association of the Greater Washington DC Area, Inc. (APABA–DC) will welcome its new officers and board of directors for the 2010–2011 term at its annual Installation Dinner at the National Press Club, 529 14th Street NW.

Secretary of Commerce Gary Locke will deliver the evening’s keynote address. Locke was sworn into office in March 2009 and is the first Chinese American to serve in his position.

The evening begins with registration and a reception at 6 p.m., followed by dinner at 7:30.

The APABA–DC, which was founded in 1981, is a network of about 500 local lawyers, judges, law professors, students, and other interested individuals. The association sponsors programs of interest to the community as well as an array of pro bono activities.

In addition to its volunteer board, the APABA–DC works through its affiliate organizations, the Asian Pacific American Bar Association Educational Fund and the Asian Pacific American Legal Resource Center.

To register or for more information, visit www.apaba-dc.org.

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