December 2012
By Kathryn Alfisi
Federal Communications Bar Dinner Features Genachowski
The Federal Communications Bar Association (FCBA) will hold its 26th Annual FCC Chairman’s Dinner on December 13, featuring remarks from Federal Communications Commission Chair Julius Genachowski.
Prior to his appointment, Genachowski worked in the technology industry as an executive and entrepreneur. He cofounded investment firms LaunchBox Digital and Rock Creek Ventures, and was a special advisor to another, General Atlantic LLC. He also served as chief of business operations at IAC/InterActiveCorp.
The evening will begin with a reception at 6 p.m. at the Washington Hilton, 1919 Connecticut Avenue NW, followed by dinner at 7:30.
FCBA is a volunteer organization of attorneys, engineers, consultants, economists, government officials, and law students involved in the study, development, interpretation, and practice of communications and information technology law and policy.
For more information, contact the FCBA at 202-293-4000 or fcba@fcba.org, or visit www.fcba.org.
CLE Program Courses Tackle Nonprofit Law, Home Foreclosures
The D.C. Bar Continuing Legal Education (CLE) Program has lined up courses in December on a variety of topics, from home foreclosures to nonprofit law to the Foreign Corrupt Practices Act (FCPA).
The December 6 course “Residential Foreclosures 2012: Who, What, When, Why, and How” will help attorneys to understand the residential foreclosure process in the District of Columbia and Maryland.
The course will begin with the basics of mortgage lending, secured real property loans, and foreclosure sales, including the identification of key documents and players. Participants will learn about alternatives to foreclosure, such as the Home Affordable Modification Program, that may be available to borrowers.
This course also will focus on foreclosure mediation programs, including how borrowers can take advantage of mediation, what happens at a mediation session, and how mediation can help lenders and borrowers avoid foreclosure sales. No prior knowledge of residential lending or foreclosure is necessary to attend this course.
Amy R. Mix of the AARP Legal Counsel for the Elderly will be among those serving as faculty.
The course takes place from 1 to 4:15 p.m. and is cosponsored by the D.C. Bar Corporation, Finance and Securities Law Section; Estates, Trusts and Probate Law Section; and Real Estate, Housing and Land Use Section.
On December 12 the CLE Program will offer the course “Foreign Corrupt Practices Act: Year in Review,” which will evaluate recent cases and trends in this area and discuss the lessons learned from the biggest cases of the year.
Faculty will provide real–world perspectives on global anticorruption compliance strategies, best practices for FCPA internal investigations, and effective strategies to deal with the government. An interactive and informative discussion will provide participants with practical FCPA compliance practices that they can implement with their client or at their company, regardless of the industry or sector.
Justin V. Shur of Molo Lamken LLP and Alexandra Walsh, a partner at Baker Botts L.L.P., will serve as faculty chair.
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.
Another December 12 course, “A Primer on Nonprofit Law in the District of Columbia 2012,” will cover basic D.C. law under the new Nonprofit Corporation Act, which went into effect January 1, 2012.
This course will highlight the duties and responsibilities of directors, with some emphasis on the restrictions imposed on federal employees serving as board members. In addition, faculty will provide an overview of federal and District legal issues involved in obtaining and maintaining tax-exempt status, and the benefits and detriments of such status. Current issues and developments in the nonprofit arena also will be covered.
This course is ideal for anyone serving on a nonprofit board and who is looked to for legal advice at board meetings, or who is consulted as an attorney on nonprofit organization legal issues. Course materials include sample articles of incorporation and many other useful forms and documents.
James M. Goldberg of Goldberg & Associates, PLLC; Elizabeth J. Kingsley of Harmon, Curran, Spielberg & Eisenberg LLP; Wayne H. Nickum of the D.C. Office of Tax and Revenue, Exemptions Organizations; Matthew S. Watson, a retired D.C. Contract Appeals Board administrative judge; and Peter C. Wolk of the Law Office of Peter C. Wolk will serve as faculty.
The course takes place from 9 a.m. to 5 p.m. and is cosponsored by the D.C. Bar Administrative Law and Agency Practice Section; Arts, Entertainment, Media and Sports Law Section; Corporation, Finance and Securities Law Section; Courts, Lawyers and the Administration of Justice Section; Criminal Law and Individual Rights Section; District of Columbia Affairs Section; Family Law Section; Government Contracts and Litigation Section; Labor and Employment Law Section; Litigation Section; and Real Estate, Housing and Land Use Section.
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.
Women’s Bar Hosts Annual Holiday Tea
The Communications Law Forum of the Women’s Bar Association of the District of Columbia (WBADC) will hold its annual Holiday Tea on December 19 with special guest Maureen K. Ohlhausen, commissioner of the Federal Trade Commission (FTC).
Prior to joining the FTC, Ohlhausen was a partner at Wilkinson Barker Knauer, LLP. She joined the FTC in 1997, first working in the general counsel’s office, then serving as attorney-adviser to former FTC commissioner Orson Swindle before eventually serving as director of the Office of Policy and Planning. She was sworn in as FTC commissioner in April 2012.
The Holiday Tea takes place from 3 to 5 p.m. at the Crystal Room of the Willard InterContinental, 1401 Pennsylvania Avenue NW.
For more information, contact the WBADC at 202-639-8880 or admin@wbadc.org, or visit www.wbadc.org.
Save the Date
BADC 141st Annual Banquet
The Bar Association of the District of Columbia (BADC) will hold its 141st Annual Banquet on December 1 at the JW Marriott, 1331 Pennsylvania Avenue NW. The event, which starts at 6 p.m., includes the presentation of the BADC Judge of the Year and Lawyer of the Year awards. For more information, contact the BADC at 202-223-6600 or staff@badc.org, or visit www.badc.org.
Two Criminal Law Offerings Bolster December Courses
The D.C. Bar Continuing Legal Education (CLE) Program will offer two criminal law courses in December, one focusing on key issues and legal developments in 2012, the other on law and procedure for investigating criminal cases.
The December 5 course “Criminal Law Highlights 2012” will help attorneys stay current with important U.S. Supreme Court and District of Columbia Court of Appeals decisions from 2012 on issues ranging from Miranda rights and the Fourth Amendment to the duties of defense counsel advising a client on a guilty plea. The impact of these decisions is important for all criminal law practitioners. Both defense attorneys and prosecutors should not miss this opportunity to get practical, relevant advice on the latest legal developments.
Faculty includes Jaclyn Frankfurt and Alice Wang from the Appellate Division of the Public Defender Service for the District of Columbia, and Chrisellen R. Kolb and Elizabeth Trosman from the Appellate Division of the U.S. Attorney’s Office for the District of Columbia.
The course takes place from 2 to 5:15 p.m. and is cosponsored by the D.C. Bar Courts, Lawyers and the Administration of Justice Section; Criminal Law and Individual Rights Section; and Litigation Section.
On December 13 the CLE Program will offer “Conducting Investigations in Criminal Cases: The Law and Practice Tips,” a new course that will explain the law and procedures for investigating criminal cases in the District, with an emphasis on DUI cases.
Faculty will discuss topics such as collecting, copying, and preserving digital evidence; challenging digital evidence; different types of video recording equipment and how video evidence can be captured; how to access information on video surveillance cameras; the preservation and collection of video and photo evidence; strategies for investigation; and much more. Bryan W. Brown of the Law Office of Bryan W. Brown and Thomas E. Lester of the Law Office of Thomas E. Lester are among the featured panelists.
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.
Pro Bono Program Training Ranges From Family Court to Bankruptcy
In December the D.C. Bar Pro Bono Program will offer several training programs for attorneys interested in volunteering.
On December 4, from 12 to 2 p.m., part seven of the public benefits training session will focus on unemployment insurance benefits. Erin Loubier of Whitman–Walker Health, and Jennifer Mezey and Andrew Patterson, both of the Legal Aid Society of the District of Columbia, will provide an overview of eligibility and benefits for public health insurance. There also will be an update on how the District of Columbia is implementing federal health care reform.
The Family Court Self-Help Center volunteer training session on December 7 will teach attorneys how to assist pro se litigants with matters in the Domestic Relations and Paternity and Child Support branches of the D.C. Superior Court’s family court. No particular expertise is required to participate.
Attendees will be asked to volunteer for three morning or afternoon shifts at the center within six months of completing the training. Neither the Superior Court nor the D.C. Bar Pro Bono Program provides malpractice insurance for attorneys who volunteer at the center.
The training takes place from 1 to 5 p.m. and is cosponsored by the D.C. Superior Court and the D.C. Bar District of Columbia Affairs Section, Family Law Section, and Litigation Section.
Finally, on December 11 and 13, the Pro Bono Program will offer the two–part training session “Bankruptcy Training for Pro Bono Attorneys,” which will prepare attendees to provide legal representation to Chapter 7 debtors.
Topics include client interview procedures, case screening and evaluation, automatic stay, completion of schedules, exemptions, discharge provisions, and conflicts of interest. These sessions are appropriate for attorneys and attorney/paralegal teams.
Attorneys must be admitted to practice before the highest court of any state, and must be willing to file a certificate saying that the attorney is providing representation without compensation. Participants must agree to accept two pro bono referrals from one of the sponsoring organizations, and they must attend both sessions.
The sessions take place from 9 a.m. to 4 p.m. and are sponsored by the Archdiocesan Legal Network, American College of Bankruptcy and the American College of Bankruptcy Foundation, D.C. Bar Pro Bono Program’s Bankruptcy Clinic, and the Legal Counsel for the Elderly. The trainings are cosponsored by the D.C. Bar Antitrust and Consumer Law Section; Corporation, Finance and Securities Law Section; and Litigation Section.
All trainings will be held at the D.C. Bar Conference Center, 1101 K Street NW, first floor. For more information, contact the Pro Bono Program at 202-626-3489.
IP Law Year in Review Series Provides Important Updates
In December the D.C. Bar Continuing Legal Education (CLE) Program will offer the two-part series “IP Year in Review 2012,” which will provide updates on important developments in intellectual property law in the past year and explain the significance of each.
The emphasis will be on case law and legislative developments that dealt with new legal issues, applied existing law to an interesting set of facts, and extended or repudiated existing case law. This course is ideal for all IP practitioners, but is particularly helpful to corporate counsel who are not IP specialists but have some responsibility for handling their companies’ IP issues.
The series opens on December 4 with “Copyright and Trademark Update,” which will review new developments in copyright and trademark law, focusing on 2012 court decisions in these areas. Faculty Terence P. Ross, a partner at Crowell & Moring LLP, and others will discuss significant decisions and developments and explain their implications.
Part two, “The New Patent Law and More,” on December 11 will teach participants when, what, and how the new patent law (America Invents Act) will impact the patent application process and patent litigation. Participants also will learn about significant patent cases in 2012 and other legislative and patent office developments. Andrew R. Sommer, a partner at Winston & Strawn LLP, and Bradley C. Wright of Banner & Witcoff, Ltd. will serve as faculty.
The series is cosponsored by the D.C. Bar Arts, Entertainment, Media and Sports Law Section; Government Contracts and Litigation Section; and Intellectual Property Law Section.
Both sessions take place 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.
December Offers Diverse Mix of Ethics Courses
The D.C. Bar Continuing Legal Education (CLE) Program has lined up several ethics courses in December that cover an array of topics, from substance abuse to marketing to the D.C. Rules of Professional Conduct.
The December 5 course “Legal Ethics and Substance Abuse” will address the connection between substance abuse and ethical violations. It will offer practical advice and explore considerations for managing partners and employers when dealing with substance abuse by attorneys. Faculty will examine the rules related to addiction issues in bar disciplinary proceedings and key cases involving addiction.
Judge Samuel McClendon of the District of Columbia Office of Administrative Hearings; Denise Perme, manager of the D.C. Bar Lawyer Assistance Program; H. Clay Smith III, assistant Bar counsel, Office of Bar Counsel; Roger E. Warin, a partner at Steptoe & Johnson LLP; and volunteers from the D.C. Bar Lawyer Assistance Program will serve as faculty.
The course takes place from 6 to 9:15 p.m. and is cosponsored by all D.C. Bar sections.
On December 10 the interactive course “Lawyer Marketing: An Ethics Guide” will use hypotheticals to cover various topics involved in lawyer marketing.
Faculty Thomas E. Spahn, a partner at McGuireWoods LLP, will address issues such as the risks of law firms “associating” with other firms, engaging in referral arrangements, or creating law-related subsidiaries; permissible law firm names (including trade and domain names); advertising using new technology; the use in law firm advertisements of fictional depictions, testimonials, and comparisons with other firms; individual lawyer marketing issues, including the use of honorary titles, descriptions of past successes, and areas of practice; different state rules governing direct mail marketing and solicitation; and the applicability of solicitation rules to online marketing.
The course takes place from 6 to 8:15 p.m. and is cosponsored by the Corporation, Finance and Securities Law Section; Courts, Lawyers and the Administration of Justice Section; Criminal Law and Individual Rights Section; Law Practice Management Section; and Litigation Section.
On December 18 the course “Answers to Frequently Asked Questions About the D.C. Rules of Professional Conduct” 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 Ethics Counsel Saul Jay Singer and Hope C. Todd will tell participants what their legal colleagues are calling the D.C. Bar Legal Ethics hotline about and teach practical solutions under the D.C. Rules of Professional Conduct.
The course takes place from 9:30 to 11:45 a.m. and is cosponsored by all D.C. Bar Sections.
Finally, on December 27 the new course “Ethics Acceleration: Keeping Pace With Legal Ethics Change” will allow participants to hone their skills as the course focuses on recent legal ethics developments and strategies.
Faculty Jack Marshall of ProEthics, Ltd. will use hypothetical problems based on current cases and developing issues that will help participants learn new tools, skills, and insights into the rapidly changing professional responsibility landscape.
Issues to be discussed include new thinking about direct adversity conflicts, representing a corporation and its board members, the duty to protect new secrets of former clients, waiving privilege, new pressures for mandatory reporting of ethics violations, working with foreign lawyers, and preengagement billing conundrum.
The course takes place from 1:30 to 4:45 p.m. and is cosponsored by the D.C. Bar Administrative Law and Agency Practice Section; Arts, Entertainment, Media and Sports Law Section; 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; Health Law Section; Intellectual Property Law Section; International Law Section; Labor and Employment Law Section; Law Practice Management Section; Litigation Section; and Real Estate, Housing and Land Use Section.
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.
Reach D.C. Bar staff writer Kathryn Alfisi at kalfisi@dcbar.org.






