Washington Lawyer

Bar Happenings

From Washington Lawyer, January 2011

By Kathryn Alfisi

happenings

Law Students Employers Meet for 9th Public Service Career Fair
On January 28 area law students and employers will get together once again for the annual Washington, D.C./Baltimore Public Service Career Fair, which gives participants an opportunity to discuss local public interest and government job opportunities.

Participating organizations and agencies will hold individual interviews, conduct table talk sessions, and accept résumés. Last year’s fair attracted more than 75 employers and over 400 students.

The event takes place from 9:30 a.m. to 4 p.m. at George Mason University School of Law, 3301 North Fairfax Drive, Arlington, Virginia. It is sponsored by American University Washington College of Law, Federal Bar Association, George Mason University School of Law, The Catholic University of America Columbus School of Law, University of Baltimore School of Law, University of the District of Columbia David A. Clarke School of Law, and University of Maryland School of Law.

For more information, visit www.law.gmu.edu/career/
employerservices/job_fair
or contact Laurie Neff, senior assistant director for career services at George Mason University School of Law, at 703-993-8179 or lneff@gmu.edu.

Sections Host ‘Poker & the Law,’Finance Professionals Mixer
On January 6 the Young Lawyers Committee of the D.C. Bar Corporation, Finance and Securities Law Section will hold the first part of its luncheon program “Poker & the Law: How Poker Can Make You a Better Litigator.”

The litigation process is often described in poker terms. Large firms frequently advertise their specialization in “bet the firm” litigation, lawyers are advised to “keep their cards close to the vest” when dealing with opposing counsel, and when “the hand you are dealt” is weak, lawyers hope the opponent will think they have an “ace in the hole” and won’t “call your bluff.”

This entertaining and informative program will explore some of the ways that poker and poker theory can contribute to a richer understanding of the subtle and not-so-subtle nuances of effective litigation.

Speakers include Ken Adams, a partner at Adams Holcomb LLP and owner of the Washington Poker School, and Joshua D. Wright, assistant professor at George Mason University School of Law. Tim Clinton of Clinton & Peed, PLLC 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 Administrative Law and Agency Practice Section; Antitrust and Consumer Law Section; Arts, Entertainment, Media and Sports Law Section; Family Law Section; Health Law Section; Labor and Employment Law Section; Law Practice Management Section; Litigation Section; Taxation Section; and Tort Law Section.

On January 20 the Derivatives, Securitization and Project Finance Committee of the Corporation, Finance and Securities Law Section will hold a Project Finance Professionals Networking Event.

The evening reception will bring together finance attorneys, experts, and consultants to kick off the first in a series of project finance-related events to be organized by the committee.

The reception takes place from 6 to 7:30 p.m. at Fulbright & Jaworski LLP, 801 Pennsylvania Avenue NW.

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

CLE Offers Two New Courses Covering Probate Issues
Beginning January, the D.C. Bar Continuing Legal Education (CLE) Program will offer two new courses useful to attorneys who handle estates, trusts, and probate law matters, as well as those appointed by court to probate panels.

“Intervention Proceedings, Guardianships, and Conservatorships in the District of Columbia” on January 12 will help attorneys guide their clients, or themselves, through the process of establishing a guardianship or conservatorship. The course will explain how to effectively set up and administer a conservatorship and guardianship after appointment.

Faculty will offer tips to avoid problems and obstacles, and discuss ethical issues unique to this area of law. This course will benefit both attorneys new to the topic and those who have participated in intervention proceedings.

Attorney Kimberly K. Edley, Edward G. Varrone of the Law Office of Edward G. Varrone, and Katherine M. Wiedmann of Crowley, Hoge & Fein P.C. will serve as faculty.

The course takes place from 6 to 9:15 p.m. and is cosponsored by the D.C. Bar Estates, Trusts and Probate Law Section; Health Law Section; Labor and Employment Law Section; and Law Practice Management Section.

On February 2 the course “Onshore, Offshore, or Unsure: Asset Protection Planning in 2011” will examine all forms of asset protection planning from both tax and nontax perspectives.

Participants will learn whether family limited partnerships (FLPs) and limited liability companies (LLCs) are good asset protection vehicles, and how to advise their clients on the use of onshore and offshore trusts.

Charles D. Fox IV, a partner at McGuireWoods LLP, will discuss traditional asset protection methods such as gifts and trusts; sophisticated techniques for asset protection such as FLPs and LLCs; how to avoid fraudulent conveyances; expatriation; offshore asset protection trusts; domestic asset protection trusts; estate, gift, and income tax consequences of asset protection trusts; conflict of laws relating to perpetuities and asset protection trusts; and practical problems with respect to domestic asset protection trusts.

The course takes place from 6 to 8:15 p.m. and is cosponsored by the D.C. Bar Estates, Trusts and Probate 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 Office at 202-626-3488 or visit www.dcbar.org/cle.

Program Focuses on Becoming a Board Member
Shemin Proctor, a partner at Andrews Kurth LLP, and Leslie Thornton, a partner at Dickstein Shapiro LLP, have organized the January 12 program “How to Become a Member of the Board of Directors of a For-Profit Corporation.”

Panelists include Thornton; H. Russell Frisby Jr., a partner at Stinson Morrison Hecker LLP; Charles A. Tribbett III of Russell Reynolds Associates; and Benjamin Wilson, a principal at Beveridge & Diamond, P.C. 

The program takes place from 12 to 2 p.m. at Andrews Kurth, 1350 I Street NW, suite 1100.

To reserve a space, contact Shemin Proctor at sproctor@akllp.com.

Courses on Horizontal Mergers, DUI Cases Among January Offerings
The D.C. Bar Continuing Legal Education (CLE) Program has lined up two additional new courses in January, one to update attorneys on antitrust developments and the other to review the law and process for handling DUI and speeding cases in the District of Columbia.

“A Plain English Guide to the Revised FTC/DOJ Horizontal Merger Guidelines” on January 26 will explore what has changed, how the revised guidelines will impact merger proceedings before relevant federal agencies, and how it may affect competition analysis in areas such as entry market definition and unilateral effects analysis in merger and even nonmerger proceedings.

The revised Horizontal Merger Guidelines, issued by the Federal Trade Commission (FTC) and U.S. Department of Justice in August 2010, will impact any attorney who advises clients on major acquisitions or competition-related regulatory matters.

This course will discuss developments in acquisitions of partial interests and mergers of competing buyers. It is useful to attorneys who represent or counsel clients in regulated industries (including banking, communications, energy, and transportation) on antitrust and competition matters, as well as merger proceedings. The course also is ideal for government attorneys who are new to antitrust or who handle competition-related regulatory matters.  

Matthew C. Hammond of the Justice Department’s Antitrust Division; John L. Longstreth, a partner at K&L Gates LLP; Elizabeth McIntyre of the Federal Communications Commission; and Greg Sivinski, a senior attorney for the Antitrust Group at Microsoft Corporation, will serve as faculty.

The course, which takes place from 6 to 9:15 p.m., is cosponsored by the D.C. Bar Antitrust and Consumer Law Section; Arts, Entertainment, Media and Sports Law Section; Computer and Telecommunications Law Section; Corporation, Finance and Securities Law Section; Environment, Energy and Natural Resources Section; and Litigation Section.

The January 31 course “Handling DUI and Speeding Cases in the District of Columbia” will take participants through the complete process of a DUI case, from police stop to court to the collateral consequences of DUI convictions, including visa and travel restrictions, insurance issues, and implications for security clearances and professional licenses.

Bryan W. Brown of the Law Office of Bryan W. Brown will discuss how testing machines operate, how field sobriety tests are administered, successful defenses to impaired driving cases, and current issues on the calibration of testing devices in the District.

The course takes place from 6 to 9:15 p.m. and is cosponsored by the D.C. Bar Courts, Lawyers and the Administration of Justice Section and Criminal Law and Individual Rights 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 Office at 202-626-3488 or visit www.dcbar.org/cle.

Save the Date!
2011 Presidents’ Reception & Annual Meeting and Awards Dinner
The 2011 D.C. Bar Pro Bono Program Presidents’ Reception and the Bar’s Annual Meeting and Awards Dinner will be held on Thursday, June 30, at the historic Mayflower Renaissance Hotel located at 1127 Connecticut Avenue NW.

The Presidents’ Reception 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.

Highlights of the Annual Meeting and Awards Dinner will include the announcement of the 2011 D.C. Bar election results; the presentation of awards to D.C. 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 Beatrice Rosenberg Award for Excellence in Government Service and the 2011 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 Annual Dinner, contact Verniesa R. Allen at 202-737-4700, ext. 3239, or vallen@dcbar.org.

WBADC Program Focuses on Effective Communication for Women Lawyers
On January 13 the Insurance Law Forum of the Women’s Bar Association of the District of Columbia will hold a program on effective communication skills for women lawyers.

“Advocacy and Gender: Women, Speech and Power,” featuring University of Virginia School of Law professor Molly Bishop Shadel, will discuss gendered behaviors women may exhibit while speaking in public.

Shadel will talk about ways to overcome common pitfalls that women encounter in public speaking, including issues of voice, eye contact, body language, tone, assertiveness, and handling emotion-laden topics. The skills that will be explored in this program can help women succeed in team meetings, client presentations, and arguments before a court.

The program takes place from 12 to 2 p.m. at Wiley Rein LLP, 1776 K Street NW.

To register or for more information, visit www.wbadc.org.

Ethics Courses Target Litigators, Lawyer–Lobbyists, Corporate Counsel
Start the year off by signing up for fantastic winter ethics offerings from the D.C. Bar Continuing Legal Education (CLE) Program.

First up is the January 4 course “So Little Time, So Much Paper: Effective Time Management Techniques for Lawyers,” which will illustrate how good organization and time management can help attorneys attain their goals and become more effective lawyers.

Meg Spencer Dixon of Spencer Consulting will cover various time management techniques such as effective goal-setting; planning on a regular basis; using filing systems/information management techniques; addressing the lawyers’ top-10 law practice/client service problems; and avoiding procrastination. The D.C. Rules of Professional Conduct will be discussed to demonstrate how many ethical violations can be avoided by implementing these techniques.

The course takes place from 6 to 9:15 p.m. and 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; Criminal Law and Individual Rights Section; Environment, Energy and Natural Resources Section; Family Law Section; Health Law Section; Labor and Employment Law Section; Law Practice Management Section; Litigation Section; and Real Estate, Housing and Land Use Section.

The course “Ethics for District of Columbia Litigators” follows on January 5, where faculty will use a hypothetical set of facts to explore the ethical dilemmas that arise in litigation and trial-related contexts.

Topics include meritorious claims and non-meritorious claims and contentions, expediting litigation, candor toward tribunals, fairness to opposing counsel, impartiality and decorum of tribunals, trial publicity, lawyers and witnesses, special responsibilities of prosecutors, truthfulness in statements to others, communications between lawyers and opposing parties, and dealing with unrepresented persons. Relevant provisions of the D.C. Rules of Professional Conduct will be highlighted in the discussion.

Administrative Law Judge Samuel McClendon of the District of Columbia Office of Administrative Hearings; H. Phil Fox, of counsel at Sutherland Asbill & Brennan LLP; and Assistant Bar Counsel H. Clay Smith III will serve as faculty.

The course takes place from 6 to 9:15 p.m. and is cosponsored by the D.C. Bar Courts, Lawyers and the Administration of Justice Section; Criminal Law and Individual Rights Section; Environment, Energy and Natural Resources Section; Family Law Section; Labor and Employment Law Section; Law Practice Management Section; Litigation Section; Real Estate, Housing and Land Use Section; and Tort Law Section.

Up next is the January 25 offering “For Lawyers Who Lobby (and Their Firms): Legal Ethics and Unauthorized Practice Update,” which will help attorneys and their firms understand the implications of recent decisions by the District of Columbia Court of Appeals Committee on Unauthorized Practice of Law and the D.C. Bar Legal Ethics Committee.

Using hypothetical scenarios, this course will explore important issues and recent developments for lawyer–lobbyists, such as when lobbying is governed by the ethics rules, the ethical implications for law firms with nonlawyers engaged in lobbying, issues that arise for law firms that lobby and have law offices in different jurisdictions, and how conflict of interest ethics rules apply to lobbying matters.

Faculty also will discuss nonwaivable, personal, and other conflicts of interest that come up in the lobbying context; lobbying and the rules preventing contact with represented parties; confidentiality and attorney–client privilege in the lobbying context; and advance waivers and lobbying.

Arthur D. Burger, a director at Jackson & Campbell, P.C., and Albert W. Turnbull, a partner at Hogan Lovells, will lead this course, which runs from 6 to 8:15 p.m.

The course is cosponsored by the D.C. Bar Administrative Law and Agency Practice Section; Computer and Telecommunications Law Section; Corporations, Finance and Securities Law Section; Environment, Energy and Natural Resources Section; Labor and Employment Law Section; and Law Practice Management Section.

Lastly, the CLE Program is offering the course “Ethics Issues Facing Corporate Counsel” on February 7, with McGuireWoods LLP partner Thomas E. Spahn as faculty.

Participants will learn the dangers of not properly identifying one’s exact client in the corporate entity, what to do when one of the client’s affiliates disagrees with another affiliate; and who owns the attorney–client relationship after a company that counsel represents sells its stock or assets.

Spahn also will discuss the ramifications, including unauthorized practice of law and privilege issues, of counsel representing both the client and one of its executives or employees, and how to handle requests for privileged documents from employees and former employees of the company that counsel represents.

The course, which takes place from 6 to 8: 15 p.m., is cosponsored by all 21 D.C. Bar sections.

All courses will be held 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.

Save the Date!
2011 Hispanic Bar Association Annual Meeting and Elections
The Hispanic Bar Association of the District of Columbia will elect board members and officers during its 2011 Annual Meeting and Elections on January 20 at the St. Gregory Hotel, 2033 M Street NW.

For more information on the annual meeting, visit www.hbadc.org.

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