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Bar Happenings

November 2012
By Kathryn Alfisi

Illustration by Mick Wiggins
Former Sen. Mitchell Delivers Fourth Flannery Lecture
Former U.S. Sen. George J. Mitchell, now a partner at DLA Piper LLP, will deliver the Fourth Annual Judge Thomas A. Flannery Lecture on November 14. 

The lecture commemorates the contributions of Judge Flannery, a native of the District of Columbia who served as assistant U.S. attorney for D.C. from 1950 to 1962 and as U.S. attorney from 1969 to 1971. Judge Flannery served on the U.S. District Court for the District of Columbia from his appointment in 1971 until he assumed senior status in 1985. 

Previous lectures were delivered by former U.S. Attorney Earl Silbert and U.S. Supreme Court Justice Antonin Scalia. Chief Judge Royce Lamberth of the U.S. District Court for the District of Columbia, who delivered the first Flannery Lecture, will serve as this year’s master of ceremonies.

The lecture takes place at 5 p.m. in the Ceremonial Courtroom of the E. Barrett Prettyman United States Courthouse, 333 Constitution Avenue NW. A reception will follow in the courthouse atrium.

For more information, contact Roger Zuckerman at rzuckerman@zuckerman.com or Judy Elam at jelam@zuckerman.com.

Superior Court, CFSA Observe National Adoption Day
On November 17 the Superior Court of the District of Columbia and the D.C. Child and Family Services Agency will hold its annual Adoption Day Ceremony, joining courts around the country in celebrating the event.

Numerous adoptions will be finalized during the program, which starts at 10 a.m. in the third–floor atrium of the H. Carl Moultrie Courthouse, 500 Indiana Avenue NW. The event is open to the public and will feature guest speakers who will talk about the joys and importance of adoption and foster families. Social workers will be present to talk to anyone interested in fostering or adopting. NBC News 4 anchor Barbara Harrison will emcee the program.

For more information on D.C.’s Adoption Day event, contact Leah Gurowitz at 202-879-1700 or leah.gurowitz@dcsc.gov. For general information on foster care or adoption in the District of Columbia, call 202-671-LOVE (5683).

Course Tackles Tax, Immigration Issues for Foreign Business Entities
On November 8 the D.C. Bar Continuing Legal Education (CLE) Program will offer the course “Advising Foreign Nationals on Starting a Business in the United States,” an all–day program that outlines the key issues attorneys need to know to advise foreign nationals on setting up a business in the country.

Part one of the course, from 9:30 a.m. to 12:45 p.m., will focus on corporate formation and tax issues. This session will cover issues such as assisting foreign nationals in forming a corporation; corporate tax and individual tax implications; business investment scenarios for small, medium, and large businesses; and which type of organizational structure—sole proprietorship, partnership, limited liability company, or C corporation—is most appropriate and what needs to be assessed. Faculty also will discuss investor and corporate due diligence when acquiring an existing U.S. business, federal and state securities issues, and strategic business considerations when entering the U.S. market.

Laura E. Jordan, managing principal at The Capital Law Firm, PLLC; Tazeem Pasha, manager of Global Business Attraction at SelectUSA, an initiative that operates under the U.S. Department of Commerce; and Max Riederer von Paar, a partner at Rubin, Winston, Diercks, Harris & Cooke, L.L.P., will lead this session.

Part two, from 1:30 to 4:45 p.m., will tackle business strategy and immigration issues. Topics include business visitor, intra–company transferee, and investor visas; preparing and filing visa applications (in–depth overview of the L–1, E–1, and E-2 visa categories); how to respond if the government requests more information; bringing family members and others into the country; and getting a green card.

In addition to Jordan, this session will be taught by Jim Alexander, a managing shareholder at Maggio & Kattar, P.C., and Frederick D. Troncone, senior advisor for employment affairs at the U.S. Department of Homeland Security’s Office of the Citizenship and Immigration Services Ombudsman. Alix Mattingly, counsel at Maggio & Kattar, will moderate both sessions.

The course takes place 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; International Law Section; Labor and Employment Law Section; and Taxation Section.

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

Washington Council of Lawyers Pays Homage to Pro Bono Attorneys
On December 4 the Washington Council of Lawyers (WCL) will honor the work of pro bono attorneys during its annual awards ceremony, which also features remarks from Harold Koh, legal advisor to the U.S. Department of State.  

One of the highlights of the event is the presentation of the WCL’s Presidents’ Award, Outstanding Government Pro Bono Service Award, and Law Firm Award. The Presidents’ Award honors an individual whose work exemplifies the values of pro bono and public service that the WCL seeks to promote. It recognizes an individual whose work benefits low–income residents of the Washington metropolitan area and supports the local public interest community’s efforts to improve access to justice.

The Outstanding Government Pro Bono Service Award is presented to government attorneys who have demonstrated a commitment to providing all types of pro bono service.

The Law Firm Award recognizes one or more law firms that have demonstrated significant support for the WCL and its mission. 

The event takes place at 6:30 p.m. at Arnold & Porter LLP, 555 12th Street NW. For more information, contact WCL Executive Director Nancy Lopez at NALopez@wclawyers.org or 202-942-5063.

CLE Series Explains Basics of Bank Regulatory Laws
In November the D.C. Bar Continuing Legal Education (CLE) Program will explore the basics of bank regulatory laws in its newly revised “Introduction to Bank Regulatory Law Series: Structure, Establishment and Expansionary Activities, Control, and Lending–Related Issues.”

The course provides a practical introduction to important basic aspects of bank regulatory laws, including relevant updates on the laws following the passage of the Dodd–Frank Act and its implementing regulations. It is designed both for attorneys new to banking regulation and for practitioners looking for a refresher course in light of the momentous changes to the regulation of the financial industry.  

Attendees will qualify for a substantial discount to three additional bank regulatory law sessions to be held next year. Future sessions will address bank supervision, closings, deposit insurance, enforcement, consumer protection and significant Dodd–Frank Act changes.

Part one, “Introduction to the Bank Regulatory Structure, Regulators, and Permissible Activities,” takes place on November 1. This session will describe the roles of federal and state bank regulators as well as other regulators with a role in bank supervision following the enactment of the Dodd–Frank Act. Attendees will gain a basic understanding of permissible activities of banks, savings associations, bank holding companies, savings and loan holding companies, and financial holding companies, and the changes to those activity restrictions under the Act.

Part two, “Establishment, Expansionary Activities, and Change in Control of Banking Organizations,” on November 8 will begin with a description of the process and legal requirements to obtain a bank charter. Faculty members will discuss the process and legal requirements for a company to become a bank holding company, financial holding company, or savings and loan holding company. This session will explain what is required for holding companies to acquire another depository institution, the application and interaction of the Bank Merger Act and Change in Bank Control Act, and the meaning of “control” under the Bank Holding Company Act and Home Owners Loan Act.

On November 15 part three, “Lending Issues, Affiliate Transactions, and Capital Requirements,” will help attendees avoid pitfalls in their practice by examining the legal lending limits and restrictions on bank transactions with insiders and affiliates. This session will conclude with an overview of bank capital requirements, including prompt corrective action requirements, risk-based capital definitions, capital ratios and basic capital requirements, and additional capital requirements for market risk, operational risk, and systemic risk.

Martha Vestal Clarke, counsel at the Office of the Comptroller of the Currency, and Andrea Tokheim, special counsel at Sullivan & Cromwell LLP, will serve as faculty cochairs.

All sessions take place from 6 to 9:15 p.m. at the D.C. Bar Conference Center, 1101 K Street NW, first floor. The series is cosponsored by the D.C. Bar Administrative Law and Agency Practice Section and Corporation, Finance and Securities Law Section.

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

NWLC Celebrates 40th Year at Annual Dinner
On November 14 the National Women’s Law Center (NWLC) will mark its four decades of improving the lives of women and their families with its annual awards dinner, one of the largest in the Washington area.

Last year President Obama gave the keynote speech to more than 2,000 policymakers and leaders from the women’s, civil rights, corporate, and legal communities.

This year’s dinner will take place from 6 to 9 p.m. at the Washington Hilton, 1919 Connecticut Avenue NW.

For more information, contact the NWLC Development Department at 202-588-5180 or visit www.nwlc.org.

CLE Offers Two Ethics Courses in November
The D.C. Bar Continuing Legal Education (CLE) Program will hold two ethics courses this month, starting with “Withdrawing From a Client Representation: Breaking Up Is Hard to Do” on November 14.        

The course will guide the practicing attorney on the issues surrounding the termination of a representation before the conclusion of the matter, addressing situations where a lawyer must withdraw and where he or she may withdraw.

Led by Thomas B. Mason of Zuckerman Spaeder LLP, this course also will cover the steps a lawyer must take to withdraw from a client matter, including issues relating to permission from courts or tribunals, notice to clients, deadlines, and confidentiality.

The course takes place from 6 to 8:15 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; Government Contracts and Litigation Section; Health Law Section; Labor and Employment Law Section; Law Practice Management Section; Litigation Section; and Real Estate, Housing and Land Use Section.

On November 27 the course “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.

Topics include 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; IOLTA (Interest on Lawyers’ Trust Accounts) requirements; consequences of improper management; ethical obligations under the D.C. Rules of Professional Conduct, including a new legal ethics opinion on the disposition of trust account funds of missing clients; the duty to account; and how trust accounts are controlled.

Dolores Dorsainvil, a senior staff attorney at the Office of Bar Counsel for the District of Columbia, and Daniel M. Mills, assistant director of the D.C. Bar Practice Management Advisory Service, will serve as faculty.

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

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.

Shuker Fundraiser Samples Wines From South Africa
The Robert A. Shuker Scholarship Fund will hold its Annual Wine Tasting fundraiser on November 15, featuring the wines and food of South Africa.

Previous wine tastings have explored unusual varietals as well as food from around the world, including those from Australia, California, and Spain.

The Shuker Scholarship Fund, established in 1993, provides scholarships to deserving students entering law school. It is named in honor of the late Robert A. Shuker, who served as associate judge on the Superior Court of the District of Columbia.

The fundraiser will be held from 5:30 to 8 p.m. in the atrium and terrace of the National Wildlife Federation building, 1400 16th Street NW.

For more information, contact Richard L. Cys at 202-973-4217, Lisa J. Dessel at 202-466-3883, or Alan D. Strasser at 202-775-4500. To learn more about the Shuker Scholarship Fund, visit www.shukerscholarship.com.

Litigation Courses Cover Deposition Techniques, Pretrial Motions
The D.C. Bar Continuing Legal Education (CLE) Program has lined up two general litigation courses in November dealing with pretrial topics.

“Deposing the Artful Dodger: Advanced Deposition Techniques” on November 2 will identify and analyze the many dodges that witnesses attempt in a deposition and how best to attack them. 

Robert Musante of Robert Musante’s CLE Seminars will use video clips of a high–profile witness in high stakes interviews to illustrate the techniques used to avoid questions and to indicate where the questioners failed to recognize and counter deft question dodging.

Experienced litigators could use attend this course to improve their deposition skills. Attorneys starting out in their litigation practice can take advantage of this opportunity to discover the right approach to adverse depositions early in their litigation careers.

The course takes place from 9:30 a.m. to 4:15 p.m. and is cosponsored by the D.C. Bar Corporation, Finance and Securities Law Section; Criminal Law and Individual Rights Section; Family Law Section; Government Contracts and Litigation Section; Labor and Employment Law Section; Litigation Section; and Tort Law Section.

On November 29 the course “Pretrial Motions in the District of Columbia: TROs, Preliminary Injunctions, and More” will survey commonly used motions, including motions for a temporary restraining order, preliminary injunction, dismissal, summary judgment, expedited appeal, summary reversal, and stay/injunction pending appeal.

Charles L. Eisen, a partner at K&L Gates LLP; David T. Fischer, of counsel at Shook, Hardy & Bacon L.L.P.; Richard H. Gordin, a partner at Butzel Long Tighe Patton, PLLC; and Brian L. Schwalb, vice chair of  Venable LLP, will serve as faculty.

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

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

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