Washington Lawyer

Bar Happenings

From Washington Lawyer, April 2011

By Kathryn Alfisi

happenings Bar Hosts Reception for New Members
The D.C. Bar Board of Governors and Membership Committee will host a reception on April 11 to welcome attorneys who have recently joined the Bar.

New members—whether they have waived in or passed the Bar exam—are invited to attend this event and meet Bar leaders.

Members of the Board of Governors and other volunteer bar leaders, as well as representatives from the hosting Membership Benefits Program and Membership Committee, also will be on hand to receive the new members.

The reception takes place from 6 to 8 p.m. at the D.C. Bar reception area, 1101 K Street NW, second floor.

For more information on the reception, contact membershipbenefits@dcbar.org.

ABA International Law Section Holds Spring Meeting
The American Bar Association Section of International Law will hold its 2011 Spring Meeting from April 5 to 9 at the Hyatt Regency Washington on Capitol Hill, 400 New Jersey Avenue NW.

The meeting will bring together leading international practitioners (both in-house and outside counsel), academics, and government officials for five days of programming, networking, and events. The event features more than 70 continuing legal education programs, networking breaks, luncheons with distinguished speakers, and receptions.

Conference highlights include a joint swearing-in ceremony for attendees admitted to practice before the U.S. Court of Appeals for the Federal Circuit and the U.S. Court of International Trade, a visit to Capitol Hill to meet members of Congress, and separate luncheons with U.S. Copyright Office general counsel David O. Carson and former International Court of Justice judge Thomas Buergenthal, who is currently the Lobingier Professor of Comparative Law and Jurisprudence at The George Washington University Law School.

There also will be receptions at the Canadian embassy and at the Diplomatic Reception Rooms of the U.S. Department of State. The closing reception will be held at the Donald W. Reynolds Center for American Art and Portraiture.

To register or for more information, contact Audrey Lamb at 202-662-1663 or audrey.lamb@americanbar.org, or visit www.abanet.org/intlaw/spring11.

Ethics Courses Highlight D.C. Rules of Professional Conduct
In April the D.C. Bar Continuing Legal Education (CLE) Program will offer two ethics courses, one dealing with the D.C. Rules of Professional Conduct and the other with ethics and lawyer trust accounts.

“Answers to Frequently Asked Questions About the D.C. Rules of Professional Conduct” on April 14 will highlight the unique aspects of the D.C. ethics rules in matters involving confidentiality, conflicts, cash (trust accounts), consent, and competence.

D.C. Bar legal ethics counsel receive approximately 2,000 inquiries a year from lawyers seeking clarifications on the practical application of the ethics rules in the District of Columbia. Participants will find out what issues their colleagues are calling about and will learn the practical solutions under the D.C. Rules.

D.C. Bar Legal Ethics counsel Saul Jay Singer and Hope C. Todd will serve as faculty.

The course takes place from 9:30 to 11:45 a.m. and is cosponsored by all 21 D.C. Bar sections.

On April 28 “Ethics and Lawyer Trust Accounts” will provide lawyers and firm trust account administrators with the practical information they need to comply with the governing rules on trust accounts.

Attendees will learn how to establish and maintain a lawyer trust account properly, including the purpose of lawyer trust accounting; what, when, where, and how to deposit; the duty to keep tangible property safe; Interest on Lawyers’ Trust Accounts requirements; consequences of improper management; ethical obligations under the D.C. Rules of Professional Conduct; the duty to account; and how trust accounts are controlled.

Daniel M. Mills, manager of the D.C. Bar Practice Management Advisory Service, and Wallace E. “Gene”
Shipp Jr., Bar Counsel for the District of Columbia, will lead the course.

The course takes place from 6 to 9:15 p.m. and is cosponsored by all 21 D.C. Bar sections.

Both courses take place 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.

D.C. Bar Pro Bono Program, Veterans Consortium Host Training
On April 8 the D.C. Bar Pro Bono Program and the Veterans Consortium Pro Bono Program will sponsor a training session on providing pro bono representation before the U.S. Court of Appeals for Veterans Claims.

The court, created by the passage of the 1988 Veterans’ Judicial Review Act, allows veterans to appeal a denial of benefits by the U.S. Department of Veterans Affairs.

Since 1989 more than 45,000 veterans and family members have filed appeals in the court, but many of the veterans did so without legal representation. According to the Veterans Consortium, almost 65 percent of those who filed appeals in 2008 were unrepresented.

Attorneys who participate in the day-long training session also will be provided with a mentor and veterans law-related publications such as the Veterans Benefits Manual.

The training takes place from 9 a.m. to 5 p.m. at the D.C. Bar Conference Center, 1101 K Street NW, first floor.

For more information and to register, call 202-265-8305, ext. 118, or visit www.vetsprobono.org.

New CLE Course Uses Mock Trial to Teach Trial Skills
The D.C. Bar Continuing Legal Education (CLE) Program will offer the new course “Advanced Trial Tactics” on April 12 using an interactive mock trial to demonstrate trial skills, including opening statements, direct and cross-examination, and closing arguments.

At the center of the mock trial is the loss of business claims suffered by businesses on the Gulf Coast attributed to an oil spill. Mock arguments and direct and cross-examinations will illustrate frequently encountered trial situations.

Participants are expected to familiarize themselves with the fact pattern before their arrival in class. Many of the skills discussed in the CLE Program’s “Essential Trial Skills Series” will be demonstrated in this course, but participation is open to all.

John J. McDermott of John J. McDermott PLLC will lead this course, which 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 Corporation, Finance and Securities Law Section; Courts, Lawyers and the Administration of Justice Section; Criminal Law and Individual Rights Section; Family Law Section; Government Contracts and Litigation Section; Labor and Employment Law Section; Law Practice Management Section; Litigation Section; Real Estate, Housing and Land Use Section; and Tort Law Section.

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

Women’s Bar Luncheon Looks at Future of Cable Industry
On April 6 the Communications Law Forum of the Women’s Bar Association of the District of Columbia (WBADC) will hold the luncheon “Rising Technologies: The Future of the Cable Industry,” featuring Comcast Corporation executive Kathryn Zachem as speaker.

As vice president for regulatory and state legislative affairs at Comcast, Zachem oversees the company’s advocacy before federal agencies and state regulatory and legislative bodies.

In her speech Zachem will address issues such as where the cable industry is going and how it will get there. With her extensive experience in private practice representing clients from nearly every segment of the communications sector, including media, telecom, wireless, satellite, and Internet service providers, Zachem is well qualified to forecast cable industry trends. Her current position also involves some of the most interesting aspects of an evolving communications industry.

The luncheon takes place from 12 to 1:30 p.m. at Dow Lohnes PLLC, 1200 New Hampshire Avenue NW.

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

April CLE Offerings Cover Securities Law-Related Developments
In April the D.C. Bar Continuing Legal Education (CLE) Program will offer three courses dealing with securities law-related issues.

First up is the April 5 course “Fundamentals of Derivatives: Regulation and Economic Characteristics,” which will explore how derivatives came into being and what general economic purposes they serve.

Participants will learn about the most typical derivative contracts from the economic perspective such as futures, options, forwards, caps, collars, swaps, credit defaults swaps, hedges, and forex trading. Attendees also will learn the basics of U.S. derivatives regulation, mainly focusing on the Commodity Exchange Act and the jurisdiction of the U.S. Commodity Futures Trading Commission (CFTC), U.S. Securities and Exchange Commission (SEC), Federal Energy Regulatory Commission, and Federal Trade Commission.

Several hypotheticals will be analyzed based on enforcement cases of the CFTC. The course, featuring Winston & Strawn LLP of counsel Peter Y. Malyshev as faculty, also will identify which of the derivatives market participants are considered regulated entities and what regulations apply to them.

The course takes place from 6 to 9:15 p.m. and is cosponsored by the D.C. Bar Corporation, Finance and Securities Law Section and Criminal Law and Individual Rights Section.

On April 11 Kenneth B. Winer, a partner at Foley & Lardner LLP, will lead the course “New Whistleblower Bounty Provisions Under Dodd–Frank,” held within days of the SEC being expected to promulgate rules implementing the bounty portion of the whistleblower provisions of the Dodd–Frank Wall Street Reform and Consumer Protection Act.

The course will explore Congress’ enhancement of employment protection to whistleblowers and its instruction to the SEC to adopt rules governing the award of bounties to individuals who provide information to the commission. The SEC was due to promulgate the implementing rules as Washington Lawyer went to press.

Participants will learn about the provisions included in the final rules and their impact on public companies and entities that do business with them.

The course takes place from 6 to 7:30 p.m. and is cosponsored by the D.C. Bar Corporation, Finance and Securities Law Section; Criminal Law and Individual Rights Section; Government Contracts and Litigation Section; International Law Section; Labor and Employment Law Section; and Litigation Section.

The Dodd–Frank Act will again be discussed at the April 13 course “Impact of Dodd–Frank Financial Reform,” focusing on the approach and substance of the implementation of the act and its likely impact on the industry.

Once the act became law in July 2010, it opened one of the most active rule-writing efforts in history at the implementing federal agencies, including the CFTC and the SEC. It is expected that both agencies will promulgate close to 300 various new rules that will have a profound impact on the U.S. financial services industry.

These changes will specifically have an impact on trading swaps, commodities, derivatives on securities, and how U.S. banks and corporations hedge their commercial risks.

Malyshev will be joined by Susan C. Ervin of the SEC’s Division of Investment Management as faculty.

The course takes place from 6 to 9:15 p.m. and is cosponsored by the D.C. Bar Corporation, Finance and Securities Law Section and Criminal Law and Individual Rights Section.

All courses take place 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.

Save the Date!
2011 District of Columbia Bar Celebration of Leadership
The D.C. Bar will celebrate accomplishments in fiscal year 2010–2011 with two special events on Thursday, June 30, at the historic Mayflower Renaissance Hotel located at 1127 Connecticut Avenue NW.

The Presidents’ Reception at 6 p.m. will honor incoming D.C. Bar president Darrell G. Mottley of Banner & Witcoff, Ltd. and will benefit the D.C. Bar Pro Bono Program, which is supported entirely by voluntary contributions.

The Awards Dinner and Annual Meeting will follow at 7:30 p.m., featuring the announcement of the 2011 D.C. Bar election results; the presentation of awards to Bar sections, pro bono attorneys, law firms, and others who have served the Bar and its community; and Mottley’s swearing-in ceremony.

The dinner also will include the presentation of the 2011 Beatrice Rosenberg Award for Excellence in Government Service and the William J. Brennan Jr. Award.

For information about the 2011 Presidents’ Reception or to make a donation to the D.C. Bar Pro Bono Program, contact Kathy Downey at 202-588-1857 or kmdowney@erols.com. For information about the 2011 Awards Dinner and Annual Meeting, contact Verniesa R. Allen at 202-737-4700, ext. 3239, or vallen@dcbar.org.

Labor and Employment Law Update Examines Court Decisions, Trends
On April 5 the D.C. Bar Labor and Employment Law Section will hold a luncheon program that will update practitioners on employment law decisions and trends at the federal and District of Columbia courts.

Robert B. Fitzpatrick of Robert B. Fitzpatrick, PLLC will provide an overview of recent decisions by the federal and D.C. courts concerning labor and employment law, as well as discuss the import and impact of these decisions and the trends in the law. H. David Kelly of Beins, Axelrod, P.C. will moderate.

The luncheon 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 Administrative Law and Agency Practice Section and Computer and Telecommunications Law Section.

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

Two CLE Courses Address Intellectual Property Issues
Intellectual property (IP) is another topic on which the D.C. Bar Continuing Legal Education (CLE) Program will be offering several courses in April.

The two-part “Preserving Intellectual Property Rights in Government Contracts Series: A Beginner’s Guide” was designed with the needs of both the intellectual property attorney and government contract practitioner in mind.

Part one, “Relationship Between Intellectual Property and Government Contracts and Remedies for Government Misuse of IP,” on April 7 will examine the relationship between intellectual property—patents, copyrights, trademarks, and trade secrets—and government contracts.

Participants will learn how the government acquires IP rights and the significance of the acquisition of IP rights in government contracts. This session also will address government misuse of intellectual property and possible remedies, including injunctions and damages.

Part two, “Practical Strategies for the Preservation of IP Rights in Government Contracts,” on April 14 will cover practical strategies for preserving copyrights, trade secrets, patents, and other IP rights when contracting with both the U.S. Department of Defense and civilian agencies within the government, including financing, pre-contract submissions, types of transactions, the monitoring process, and data policies.

David S. Bloch, a partner at Winston & Strawn LLP; Richard M. Gray, associate general counsel at the Defense Department’s Office of the Deputy General Counsel for Acquisition and Logistics; John T. Lucas, assistant general counsel at the Office of Technology Transfer and Intellectual Property under the U.S. Department of Energy; and James G. McEwen, a partner at Stein McEwen LLP, will serve as faculty.

The course is cosponsored by the D.C. Bar Corporation, Finance and Securities Law Section; Government Contracts and Litigation Section; and Intellectual Property Law Section. Both sessions will take place from 6 to 9:15 p.m.

Intellectual property as it relates to software development contracts will be explored in the April 11 course “Software Development Contracts: Practical Advice on Drafting, Managing, and Litigating.”

Participants will learn how software development agreements should be drafted, how to use insurance and surety bonds effectively in software development efforts, how changes in scope should be managed, and how to address key issues in prosecuting or defending software failure cases.

The course will address the most common mistakes that cause software development projects to fail, how to minimize the likelihood of failure, and how to survive a failed effort. It also will briefly discuss recent developments in the Uniform Computer Information Transactions Act case law, with a particular focus on warranty and damages issues.

David A. Temeles Jr. of Cornerstone Venture Law, PLC will serve as faculty.

The course takes place from 6 to 9:15 p.m. and is cosponsored by the D.C. Bar Computer and Telecommunications Law Section; Corporation, Finance and Securities Law Section; Government Contracts and Litigation Section; Health Law Section; and Intellectual Property Law 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.

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