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From
the
DEan
T
he last issue of the UVA Lawyer included articles
discussing the financial crisis and its potential impact
on the markets and their regulation. In this issue, we
focus on a question more directly and immediately relevant
to most of our students and graduates how will the current
recession affect the business of law?
Legal practice has changed over the past 20 years in ways
that parallel the broader economy. The largest national
firms grew rapidly in lawyers and revenues. The gap in size
and profitability between local and national law firms grew as well. Transactional and advisory
work on complex financings and new financial products accounted for a growing share of legal
billings. Law firms entered an era of free agency, where top talents could maximize earnings by an
occasional well-timed move. Starting salaries for associates reached unprecedented levels.
The recession has slowed or reversed each of these trends. But will it result in a permanent
change in the market for legal services? One need look no further than the press coverage of law
firm layoffs, deferrals, salary cuts, and billing practices to appreciate the attention lawyers and
their clients are paying to these structural issues. Many commentators have declared that billing
by the hour will not survive the downturn; clients will insist on flat fees for particular types of
representation. Clients are also increasingly unwilling to bear the cost of training new associates,
leading some to conclude that firms will aggressively reduce the entry-level payroll, either by doing
less hiring or paying lower salaries.
Last summer, we surveyed graduates about these and other trends. We discuss the results in this
issue. I found two points particularly striking. First, despite the complaints about hourly billing, it
remains the dominant pricing model and graduates largely believe it will remain so. Second, firms
are paying a great deal of attention to whether the first year of legal practice should be something
different in kind and not just in scope from the second, third, and subsequent years.
UVA Law alumni and legal recruiters Martha Ann Sisson 85 and Amy McCormack 89
provide a careful look at the trends in legal practice. Their primary message, as I see it, is that
individual lawyers need to think of themselves as sellers of legal services, not just a part of a larger
organization that sells legal services.
The Law School, of course, is also working hard to adjust to a placement market that has
changed dramatically and faces an uncertain future. Our first step was to increase staffing in
Career Services. Fortunately for us, we were able to persuade Kevin Donovan, a litigation partner
at Morgan Lewis, to join us as the head of that office. You will enjoy reading his thoughts on the
state of the placement market and the benefits of the Virginia brand in the competition for jobs.
Stan Perry 90 and Randy Urmston 69, meanwhile, bring a note of optimism by reminding us
of the enduring value of the Virginia degree and the special qualities that make our graduates
so successful.
Fall 2009 / Vol. 33, No. 2
Departments Features
22 Business of Law Survey Paints
1 The Business of Law Mixed Picture of Legal Market
Cullen Couch
4 Law School News
28 Office of Career Services Responds
40 Faculty News & Briefs
to Market
Rob Seal and Cullen Couch
51 Scholars Corner
Richard Schragger
32 Success in 21st Century Private Practice:
Retooling for an Enterprise Culture
55 Class Notes
Martha Ann Sisson 85
and Amy Leafe McCormack 89
83 In Memoriam
FIND US ONLINE
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I NTERNATIONAL dialogue
about the worlds oceans and seas
is crucial to keeping peace between
of norms as crucial to keeping
nations peaceful and law-abiding. As
the largest archipelago in the world,
of the greatest achievements of the
international community. Adopted in
1982 by 150 countries, the convention
nations, Indonesias top diplomat said Indonesia has a special regard for has been the legal framework for the
at the Law School, September 30. maritime territory and resources, worlds oceans and seas, establishing
Foreign Affairs Minister H.E. Wirajuda said. The sea is life-giving rules governing ocean space and
N. Hassan Wirajuda S.J.D. 88 and a force for national unity and promoting stability and peace.
emphasized the sharing and shaping identity . We refer to our country as Indonesia is one of ten countries
My Land and Waters, he said. that form the Association of Southeast
Wirajuda acknowledged that the Asian Nations, which aims to
BOB TURNER
S AIKRISHNA PRAKASH, a
prominent constitutional law
scholar, joined the Law School faculty
national antecedents of the president
such as governors and the king,
Prakash said. It will also shed light
this fall as David Lurton Massee, on Washingtons understanding of his
Jr., Professor of Law and Sullivan & constitutional powers.
Cromwell Professor of Law. Previously, The original interpretations of
Prakash was Herzog Research presidential powers have changed
Professor of Law at the University of significantly over the past two
San Diego School of Law. He was a centuries, he said. The president
visiting professor at Virginia during has more military power today than
the spring 2008 semester. they understood him to have back in
Sai Prakash is a scholar of the first 1789, but has less authority over law
rank rigorous, creative, insightful and execution today than he did at the
prolific, said Professor Caleb Nelson. founding, so its a mixed bag. People
He is also a wonderful person. today tend to think that we have an Saikrishna Prakash
Prakash has written on topics that imperial presidency, and thats true
range from the removal of federal with respect to certain powers. But
the conventional understandings of
things, Ortiz said. The way he says
He wades into very controversial areas and comes it and the strength of his analysis
convinces people.
out saying something new in a way that doesnt Prakash, who relocated to
Charlottesville this summer with his
seem to be politically charged. wife and daughters, said he is happy to
return to the community and the Law
School. I thought the faculty and the
judges to the scope of federal power regarding other powers, the presidency students were amazing when I visited,
over Native American tribes, but said seems somewhat imperiled. and I really enjoyed their company
his current research interests focus on The past few years have been a ripe both in the classroom and outside, he
constitutional law, and specifically on time for the study of constitutional said. Weve found Charlottesville to
presidential powers. That includes law, and though his book will have be a very pretty place, especially in the
everything from his control of law a primarily historical focus, Prakash spring time.
execution and removal of executive said he is hopeful it will have some After graduating from Yale Law
officers to war powers and military contemporary resonance. This has School in 1993, Prakash clerked for
powers, he said. been quite an interesting and exciting Judge Laurence H. Silberman of the
Currently, Prakash is working time for people in the field, he said. U.S. Court of Appeals in Washington,
on a book that will examine the Professor Dan Ortiz said Prakash D.C., from 1993 to 1994, and for U.S.
historical origins and meanings of the has a talent for tackling contentious Supreme Court Justice Clarence Thomas
presidents constitutional powers. and divisive issues. He wades into from 1994 to 1995. He practiced in New
Itll examine what I think the very controversial areas and comes York for two years, and has also taught
Constitution meant with respect to out saying something new in a way at the law schools of the University of
executive powers in 1789 by looking that doesnt seem to be politically Illinois and Boston University.
at the English, colonial, state and charged, and which often overturns
P IERRE-HUGUES VERDIER,
a scholar of international law,
global governance, and financial
Verdier, who grew up in a town
north of Montreal, speaks French
and English. He has clerked for the
regulation, joined the Law faculty Supreme Court of Canada, worked
this fall. at a New York law firm, and served
Verdier, who this last year served as a researcher for the Committee on
as a visiting assistant professor at Capital Markets Regulation.
Boston University School of Law, He holds an LL.M. from Harvard,
is teaching international law and a diploma in public international
banking regulation. Most of my law from the Hague Academy of
research focuses on the realities and International Law, and law degrees
prospects of effective international from McGill University. He expects
governance on matters of finance to receive his S.J.D. from Harvard
and economic relations between next year.
countries, Verdier said. There is an Pierre-Hugues Verdier I knew from day one that I
abiding and very significant tension wanted to teach, said Verdier. I
inherent in attempts to create effective thought it would be useful, given
international governance that international law, from environmental the areas I am interested in, to have
is, between national autonomy and issues to human rights. real-life experience and some direct
effective international norms. Verdiers paper was recently hands-on knowledge of how things
Pierres scholarship challenges published in the Yale Journal operate in practice.
the core ideas of some of the most of International Law. It argues Verdier is now turning his
prominent scholars in the field that there are very significant scholarship toward proposing an
of international law, said School limitations on the effectiveness of alternative system to the idea of
professor Barry Cushman 86, that kind of governance and these international regulatory networks.
who chaired the entry-level faculty limitations are caused by a number The emphasis will be on mutual
appointments committee. His work of factors, including administrative recognition by different states of
displays a remarkable level of scholarly accountability mechanisms, pressures each others regulatory regimes, as
rigor, an impressive command of that arise from domestic politics contrasted with attempts to harmonize
a variety of highly technical legal and formal limits on the role that substantive rules, and it would also
subjects of great significance, and a domestic regulators can play on the be based on regional cooperation,
sure-footed mastery of both the big international stage, Verdier said. or cooperation between states that
picture and the complex nuances of Verdier said the recent global have similar levels of regulation or
factual and institutional detail. financial crisis suggests that current similar economic systems, rather than
In his most recent scholarship, regulatory networks are not enough. universal networks or institutions.
Verdier questioned the widespread My own impression is that these Verdier is happy to join the Law
endorsement by scholars as events will confirm the skepticism Schools faculty. I was very impressed
prominent as Anne-Marie Slaughter that I and others have expressed about with the breadth of the facultys
of international regulatory networks international networks like the Basel interests and just how many of them
as being key to effective global Committee on Banking Supervision were working on issues that speak
governance. Slaughter argued that and their capacity to make and enforce to the kind of work I do myself, he
informal regulatory networks rules that effectively control the risk of said. It just seemed like an ideal
could help govern in many areas of financial crises internationally, he said environment for my research.
About 27 percent identify themselves as minority students . The new class also has
The 368 enrolled students have Jason Wu Trujillo 01, senior assistant One new student is a competitive
a median LSAT score of 170 and a dean for admissions and financial aid. rifle shooter with extensive international
median undergraduate GPA of 3.85, The Class of 2012 truly has no equal competition experience and Olympic
up from 3.8 for the previous class. in the history of this law school. aspirations. Another is a philosophy
About 27 percent identify themselves The students bring a wealth of professor who decided to return to
as minority students, up from 16 experience with them. Though many school mid-career to study law.
Most people I knew who wanted It was a lot of fun, she said. It
to volunteer thought they could only made me want to come to law school
go to the inner city or go abroad, even more.
Braxton said. They didnt realize that Braxton wasnt alone in taking
there are small pockets within the some time off between undergraduate
United States that are rural and have study and law school. Her classmates
higher levels of poverty, illiteracy, and averaged about two years between the
domestic violence than many inner- two, and only 38 percent of the class
city communities. came directly from college.
Eileene Braxton While in Mullins, Braxton helped
community service workers identify
to UVA Law in part because of its he said. Its quite impressive. really talented. They exaggerated a bit,
excellence in all those areas. Peach isnt the only member of but I spent the next few years working to
Peach said both the Law School his class to enter with impressive improve my skills, she said.
and Charlottesville communities have academic credentials; 43 of his Her efforts led to a scholarship
been welcoming and accommodating classmates already have a graduate offer for competitive shooting, one
since he moved to Virginia with his degree. Many others previously served of only two collegiate sports in which
wife and three children over the in the military or worked for federal men and women compete against
summer. What I heard over and over agencies or think-tanks. Only one, each other. Morrill has also been
again is that UVA is the place to get however, is an Olympic hopeful in part the U.S. national team, and
a humane legal education, he said. competitive air rifle shooting. traveled extensively for international
Charlottesville is a fantastic place to competitions. Last year, she competed
raise children and have a family life. in World Cup events in South Korea,
The transition from teacher to Italy, China and Germany. I racked
pupil has been a smooth one so up the frequent flyer miles, she said.
far, Peach said, and hes found that In international competition,
his classmates make a significant which is separated by gender, Morrill
contribution to the quality of the competes both in small-bore rifle or
in-class discussion. .22 caliber and her specialty, air rifle.
Even though my colleagues are Though she joking refers to her air rifle
younger than I am, and in some ways as a glorified BB gun, its anything but
I have life experience that they dont, childlike. Custom built in Germany, her
I find them to be remarkably talented Feinwerkbau rifle uses compressed air
young people. Ive already changed to propel a .177 caliber pellet. Air from
my mind in class on judgments based Meghann Morrill a SCUBA tank fills the air rifle cylinder,
upon what students have said. and contestants wear suits specially
To describe his classmates, Peach
turned to concepts developed by
philosophers during the Middle Ages.
M EGHANN MORRILL was
an NCAA Division I athlete at
the University of Nevada, Reno, who
designed to neutralize any influence the
shooters pulse could have on trajectory.
Morrill tried out for the 2008
The medievals distinguished between hopes to continue her competitive Beijing Olympics, and after three
what they called ratio and intellectus, rifle shooting career while obtaining days of competition finished sixth in
he said. Intellectus is the ability to her law degree. her event out of a field of about 70.
Members of the Class of 2012 come from 10 foreign countries and 40 different states,
grasp a fundamental insight or pearl Morrill began shooting BB guns Only the top finisher made the team.
of wisdom. Often, the latter takes more with her dad in the back yard when Unsatisfied with the outcome, she
life experience. Ratio is more like the she was six, but didnt start competitive plans to continue training while in law
ability to move from insight to insight. shooting until she noticed her high school in the hopes of securing a spot
To Peachs eye, his fellow students in schools rifle team at an activities fair for for the 2012 games.
the Class of 2012 have ratio in spades. incoming freshmen. I picked up a flier, Morrill said she has always felt
They can move all around the avenues and I went and tried out for it because it drawn to the law, and that she decided
of these arguments with great fluidity, was a winter sport. They told me I was on Virginia after visiting several law
schools during the spring break of her researched and wrote on the growth
senior year in college. I visited here, of the power of judicial review from
and I took one of the student-guided the founding of the country through
tours and sat in on a class, she said. the present. So I looked back on
The students sold me on the school; the eminent domain paper, the self
it felt like home. The students who defense paper and the judicial review
gave the tour were really friendly, tome, and it was kind of obvious that
and even during the class four or five I was going to law school, he said.
students came up and asked if I was a After graduation, he worked
prospective student. They said Youd Ben Massey for over a year as a paralegal in the
really like it here. It just felt like it was
a good fit for me.
Morrill majored in accounting
B EN MASSEY is originally from
Atlanta, and worked for a variety
of law firms in Washington, D.C., before
Washington, D.C., office of a law firm
that was among the victims of the
economic downturn. After being laid
as an undergraduate, and said shes beginning law school this fall. Despite off, Massey found himself working for
interesting in areas such as tax, this, no one could have convinced him a libertarian public interest law firm
estate planning and corporate law. during his junior year at Princeton on an issue close to his heart from his
As for shooting, shes already made that law school was in his future. undergraduate days: eminent domain.
arrangements to train at a nearby rifle At that time, law school was He worked to help educate community
range she uses a special electronic explicitly crossed off my list of activities members opposed to their state or local
target that uses sound to pinpoint after graduation, he said. Part of it governments plan to seize land.
impact location and plans to begin a was this image of lawyers as ambulance Wed go through and help them
five-day per week training regimen this chasers, or people who use slimy organize and help them learn the law
fall in anticipation of an international technicalities to get around things. But of the state, county or city, and help
competition later this year. I think what converted me to a more them figure out what the process is
The Class of 2012 was chosen from the largest applicant pool in Law School history,
and set new records for both academic qualifications and diversity.
Theres no doubt that its going positive view of the legal industry and help them fight it, he said.
to be challenging, but I like being busy was the connections I made in my When searching for a place to study
and I like being involved in different independent work on political issues. law, Massey said he was interested in
activities. When I get tired of the books, A political enthusiast, Massey finding a top school where he would
I can go shooting. And when I get tired found himself drawn to the legal get a quality education, but also be able
of shooting, I can go back to the books. underpinnings of policy arguments. to work and learn in a friendly and
Morrills fellow members of the As an undergraduate, he researched collegial atmosphere.
Class of 2012 come from 10 foreign and wrote independent papers on One of the things I wanted to find
countries and 40 different states, as the governments power to seize land in a law school was an environment
well as Washington, D.C. through eminent domain and on a that was cooperative, friendly and
Florida law that repealed the duty to congenial, a place where people work
retreat, a principle of self-defense law together, he said. After a visit, I
that requires the victim to flee in the thought If I come here, Ill be happy
face of a potentially deadly attack. for the next three years, even with the
Then, for his senior thesis, Massey rigors of law school.
COMMENCEMENT 2009
D URING commencement in
May, Newsweek editor-at-large
Evan Thomas 77 encouraged the
second letter to apologize and explain
his embarrassment, but repeated his
request for a meeting. The editor
broken families. Its easy to become a
slave to pride.
I think lawyers too often have
Class of 2009 to balance confidence replied, Dear Mr. Thomas, you also become the servants of pride, their
and pride, traits he said could be misspelled the word embarrassed. own pride and the pride of their
virtues or vices for new attorneys. Though Thomas never did work clients. Back in the day, there was
I want to talk to you today for the Wall Street Journal, he has an expression, A good lawyer is a
about humility, because I think it been a staff member at Newsweek lawyer who keeps his client out of
has become an underrated virtue, since 1986, where he has served as court. I dont hear that so much
and because I think it is sometimes Washington bureau chief and assistant anymore, Thomas said. It seems to
misunderstood. Humility is too managing editor. From 1977 to 1986, me theres more emphasis now on
often associated with meekness and he was a writer and editor at Time combat, on battling the other side,
self-doubt. I see it in a different way. magazine. He has won numerous words of fighters, warriors. The idea
I see humility as a true measure journalism awards, including a is to overwhelm, to grind down the
of confidence, Thomas told the National Magazine Award in 1998 for opposing party.
graduates. Newsweeks coverage of the Monica Thomas also told the rising attorneys
Thomas said he was full of pride Lewinsky scandal. He is also the to see beyond their roles as advocates and
as he ended his third year of law author of six books. embrace the role of wise counselor.
school. He aspired to write for the Pride, Thomas told the graduates, Theres a tendency for lawyers to
Wall Street Journal, and sent a letter is a virtue when it leads people to become yes-men and yes-women,
to the editor requesting a meeting. work harder, stand up straighter and to tell their often high-paying clients
Afterward, he realized hed called the be the best that you can be. However, what they want to hear that they
editor by the wrong name. He wrote a he said, pride also leads to wars and can do whatever it is they want to do,
Thomas said. Where, you might ask, Instead of facing the impending
were the lawyers in the Enron scandal uncertainty with fear, lets view it as
or the endless debacles that have an opportunity. Times like these are
engulfed Wall Street? Where were the when citizen lawyers are needed most,
lawyers who said no to their clients, not just in the legal profession, but in
who worked with clients to help them every profession, Quillian said. Now
see the weakness of their case? is when the cooperation, integrity and
It takes a truly confident attorney community involvement we learned
to stand up to clients and offer advice here is of the utmost importance.
concerning not only what is legal, but Using the skills that UVA taught us,
what is right. A good attorney, he said, we have the opportunity over the
tells a client what he needs to hear, not course of our careers to remake the
just what he wants to hear. A good practices and institutions of this
attorney is a peacemaker, not a gladiator. country for the better.
The truly confident people I know
are self-knowing enough to be
humble, Thomas said. They are not
just smart, but wise. They have a true
appreciation of the pitfalls and limits
of human nature.
After Thomas spoke, 404 J.D.
graduates, 30 LL.M. graduates and one
S.J.D. graduate received their diplomas.
Law School Dean Paul Mahoney
reminded class members to remember
the many skills they learned in law
school, including the importance of
leadership. 2009 GRADUATION AWARDS
You have been trained to be leaders,
and you will be in your careers, in Margaret G. Hyde Award Rebecca Dopkins Vallas
your communities and, in some cases, James C. Slaughter Honor Award Douglas Matthew Andre
in appointed or elected government Thomas Marshall Miller Prize Susan Joyce Ruggero
service, Mahoney said. I do not Z Society Shannon Award Matthew Brian Nicholson
doubt that at some future reunion of Law School Alumni Association Best Note Award Elizabeth-Ann Dater Katz
the Class of 2009, we all will marvel in Robert E. Goldsten Award for Distinction in the Classroom James David Nelson
the variety of ways in which you have Roger and Madeleine Traynor Prize James David Nelson
succeeded in the intervening years. James Yarbrough Stern
Outgoing Student Bar Association Herbert Kramer/Herbert Bangel Community Service Award Phillip Thomas Storey
President Ryan Quillian commented Mortimer Caplin Public Service Award Rebecca Dopkins Vallas
on his peers overwhelming support Edwin S. Cohen Tax Prize Daniel Joseph Walter
for the class gift, to which 93 percent Earle K. Shawe Labor Relations Award Olushola Ayanbule
of the students contributed. Quillian Eppa Hunton IV Memorial Book Award Benjamin Ryan Sachs
reminded his classmates that even in Virginia Trial Lawyers Trial Advocacy Award Joseph Barlow Warden
a time of uncertainty caused by the Virginia State Bar Family Law Book Award Elizabeth-Ann Dater Katz
economic downturn, the Class of Stephen Pierre Traynor Award Lee Alexander Peifer
2009 is dedicated to becoming not just Daniel Rosenbloom Award Matthew Brian Nicholson
lawyers, but citizen lawyers.
A
MID-SUMMER ONLINE SURVEY of UVA something akin to a hotel approach where you pay for X
Law alumni shows that the economic downturn is number of rooms for Y number of nights and get an overall
clouding the business and culture of the nations discount off the rate for the rooms.
law firms and in-house legal departments. Its intensity
depends largely on the size of the firm or company, and
to a lesser degree the size of the city in which the firm or
company is based. National and international firms are
faring worse than their local and regional counterparts, and BILLING RELATIONSHIP WITH OUTSIDE COUNCIL
publicly-traded entities are struggling more than privately- Non-profit Privately-held Publicly-held
held companies and non-profits. Over 95% of all legal
100%
employment sectors report moderate to severe impacts. 100%
91.4%
89.3%
Smaller firms seem to feel less pressure on fees, possibly We negotiated a flat blended rate with one firm, a
because of greater competitive stability in smaller markets. discount with another firm, a set fee by job, and have still
Our clients compare our rates to those of the national paid hourly rates, says one respondent in a privately held
firms and know that they are getting a bargain, and have company. We are trying to move more outside counsel to
told us so, says a regional firm. Another regional firm alternative fees, says counsel in a publicly-held company,
respondent agrees, reporting that [w]e have turned away but find it difficult to do so where firms continue to
more prospective clients and argued more and more why measure productivity and profitability based on the billable
we should be allowed to be paid for work done. But a small hour. Firms have been more willing to move certain
firm attorney admits that the firm is willing to entertain types of matters (e.g., some IP and labor matters) to
alternative rate structures as needed. fixed-fee arrangements where the level of work is more
On the client side, corporate counsel continue routine and predictable. In the M&A arena, firms are very
grudgingly to accept the hourly rate structure. Although resistant to fixed-fee arrangements they say because of
55% say they are looking for set fee arrangements to replace unpredictability of deals (some truth to this) but also
hourly rates, over 90% of them report that they still use because this is a highly profitable area for law firms and
hourly billing arrangements with outside counsel but are they dont want to harm the golden goose.
seeking lower billable rates.
Even with those few who are experimenting with
alternative fee arrangements, the hourly rate still resonates. FIRM LAYOFFS, SALARIES, AND CHANGING ROLES
FOR NEW GRADUATES
On the hiring front, the good news is that a majority Law associates need not be so concerned, but lower-
of international (84%), national (74%), and regional ranked schools graduates have reason to be concerned
(63%) firms are still hiring new graduates. The difference that traditional lucrative partnership-track jobs are
is that 74% of them are hiring fewer new graduates than disappearing.
in the past. In contrast, although only 26% of local firms Firms will likely reduce their hiring of new lawyers,
are hiring this year, two-thirds report that they will hire says another. Some firms will try and keep their mid-level
the same number (in some cases zero) of new lawyers as associates busy by having them perform work that younger
were hired last year. Of those firms that are hiring, only the lawyers might have done in the past. This may cause new
international and national firms show a majority deferring hires to do work that might previously have been done
start dates. by paralegals. In other cases, firms may have let mid-level
Most respondents in all law firms (61%) believe that lawyers go, which would have the effect of increasing the
firms will continue to hire new graduates, although many substantive demands on new hires (while at the same time
believe the current reductions may last for some time. In removing lawyers that might have previously served as
addition, there is widespread agreement across all sectors mentors).
that new hires must expect significantly lower starting A respondent from an international firm observes
salaries and become more productive sooner. that clients are less willing to pay first year lawyers a
There will be different tiers of associates in most high hourly rate for them to learn. What is more likely to
firms, predicts a national firm respondent. Virginia develop is lower billing rates for first-year lawyers, coupled
100% 100%
95.8%
83.8% 82.3%
80% 80%
75.1%
74.3% 73.8%
67.1%
63.1%
60% 60%
40% 40%
36.9%
32.9%
20% 20%
16.2% 17.7%
4.2%
0% 0%
Yes No Yes No
with lower salaries and, one would hope, a less crushing A CHANGING PARADIGM IN THE BUSINESS OF LAW?
hours requirement. The respondent praises what could
be a shift towards a more sustainable model, where a new More than half of all respondents (53%) believe that
lawyers focus for the first year is to learn. It could be viewed the economic downturn will fundamentally change the
as analogous to medical interns, a real hands-on year of business of law going forward. In predicting what kind
learning that is paid somewhat. Another agrees that client of change that might be, respondents cited the decline of
demands and economic realities mean that some practice mega-firms and the rise of smaller firms, greater reliance
areas (and firms) will abandon the first-year market. on experience and training, and lower billing rates and
Training first-years will become an issue, an issue that law alternative fee structures. Some also believe that changes in
schools should address (by more practice oriented training the business of law will filter down to law school curricula,
in the third-year of laws school). requiring schools to reduce tuition, provide more practical
training, and/or do away with the traditional three-year
degree program in favor of an intensive two-year, year-
IN-HOUSE COUNSEL: PUBLICLY-HELD round version.
CORPORATIONS HIT HARDEST IN LAWYER LAYOFFS An international firm respondent further estimates that
we will see [fewer] junior lawyers being billed out (they
In the corporate counsel survey, 32% of all respondents will be interns with lower salaries while they train) and less
reported lawyer layoffs. Hardest hit were publicly held leverage (clients will want more experienced lawyers). The
corporations where 46% experienced layoffs. But layoffs
are not the only concern for in-house counsel: 74% of the
respondents reported they were cutting costs by handling
more matters in-house, with 53% saying they were not
allowed to hire more staff if needed. To further cut costs, DEFERRED ASSOCIATE START DATES
close to half of non-profits and three-quarters of private Local Regional National International
and publics have negotiated lower billable hour rates with
outside counsel. 97.4%
100%
A majority of corporate counsel respondents (59%)
do not believe the economic downturn will change how
corporations view the role of their legal departments. Those
80%
who do believe it will change think inside counsel will have
71%
greater governance responsibilities, maintain tighter control 69.8%
on legal expenses, and keep more work in-house.
There obviously is more pressure to cut outside costs 60%
and bring more work in-house, where control is better, says 50% 50%
one counsel. [T]hose things dont easily reverse. But apart
from that, there is also more realization that legal costs can 40%
be better controlled with counsel involved at the outset,
31.1%
rather than being sought ought only to solve problems that 29%
2.6%
0%
Yes No
same individual theorizes that perhaps the huge Big Law enable law firms to pay incoming associates $80-100,000
firms will shrink (to reduce overhead costs to compete with instead of the ridiculous amounts paid now. In addition,
top boutiques or mid-size firms). Another believes you the respondent predicts that law firms are going to adopt
have two things at worklaid off lawyers are starting small different programs for different types of lawyers, giving
shops, and larger regional firms are still trying to become each one a different status. Some will be associates on the
national firms, often through merger: fragmentation and partner track; others will be contract attorneys that are
consolidation at once. It may be that eventually we end paid much less. Finally, I think law firms will eventually
up looking more like the accounting profession, with a shed lock-step for good and go to a pure profitability and
handful of dominant national/international firms and merit-based formula. I cant envision things staying as they
then a bunch of small firms with really not much name are forever.
recognition, as opposed to 7 8 AmLaw 100 firms in each A regional firm respondent agrees that change is on the
middle-market city. horizon, but believes any change will be more incremental
A respondent in a regional firm is convinced that with than fundamental. Large companies continue to hire
the soaring student loan debt, somethings gotta give. I brand name large firms (and pay ridiculous hourly rates
think the law schools that start trimming the number of for inexperienced associates) because decision-makers
required years at school are the ones that will lead us into view that as a safe path no one is going to second-guess
a balance. Two years of school and $80,000 of debt makes your decision to hire Cravath if things dont work out.
more sense than three years and $120,000. This would Nevertheless, the respondent concludes that the halcyon
days, with yearly salary bumps and escalating starting
salaries, are history.
And finally, a respondent in a national firm sums it all
up. A very tough year to be a lawyer. Lots of depressing
IN-HOUSE COUNSEL LAYOFFS news. I am fortunate that Ive been really busy this year, but
Non-profit Privately-held Publicly-held I know folks who lost their jobs, and the overall atmosphere
about law firms has been very negative. I am, however,
100% optimistic about the second half of 2010 and all of 2011.
91.5% 2009 will go down as a year where you just did the best you
could to survive.
The survey was emailed in July to 10,500 UVA alumni,
80%
yielding almost 1200 responses for an 11.5% response
82.4%
rate. About one-third of the responses came from alumni
in international firms, with the remaining two-thirds
60% split equally among local, regional, and national firms.
54.5%
Two-thirds of the responses came from alumni in a large
45.5% metropolitan area, 28% from a mid-size city, and 5.5%
40% from a small town.
In the corporate counsel survey, 11% of the responses
came from non-profits, 29% from privately-held firms, and
61% from publicly-held corporations.
20%
17.6%
8.5%
0%
Yes No
A
TANGIBLE BUT ELUSIVE era of change the associate and partner levels. Successful partners began
is emerging in how private sector lawyers to operate as free agents. If the needs of their practice,
provide services and receive compensation. their personal economic shares, or their management
The very definition of success what it goals were being stymied in their present firms, they could
will look like, how it will be measured, and enter a hiring environment that rewarded movement and
the feasibility of annually replicating it are in flux. change. Firms accepted the premise that someone who
This article is written from the perspectives of two former had not thrived in one firm could succeed in a different
practicing attorneys who are now legal recruiters. Our goal environment. And, if things did not work out in the new
is to identify the qualities necessary to achieve success in firm, profitability really was not affected, and the attorney
21st century private practice. We believe, at a minimum, would simply move on.
these qualities will include the initiative, innovation, and The emerging world of private practice since mid-decade
responsibility required by an enterprise culture. provides a sharp contrast to those days. Law firms now
Until twenty years ago, it was easy to measure success: define success by economic contributions made by members
attend a prestigious law school, get a clerkship that leads in much the same manner as their commercial clients
to employment at one or two AmLaw 200 firms, and examine sales figures. In short, What have you done for me
become a partner or member of a Fortune 500 legal this quarter?
department. You used your legal skills to get work from The current obsession with immediate return has
(and develop relationships with) the firms longstanding crowded out long-term planning. In time, the need for
institutional clients. In the corporate world, the guarantee immediate returns and investment in the future will
of uninterrupted employment with a stable and growing balance; individuals and institutions will be more agile,
company fostered avenues of career diversification. This was able to respond to economic challenges and opportunities
the path for many UVA Law alumni. in a manner more reflective of successful businesses.
The paradigm changed in the early 1990s when the Achieving and maintaining success in 2010 and beyond
onset of vibrant economic growth and greater financial requires a new approach.
transparency in law firm economics caused a major upheaval.
The American Lawyers annual publication of the AmLaw
200 and its analysis of profits per partner awoke a sleeping Creating an Enterprise Culture
giant. Grumbles arose from the ranks of law firm attorneys
who wanted to share in the wealth they helped create in Historically, firm affiliation branded the quality and
emerging growth companies. In-house attorneys questioned nature of work performed by its lawyers. With increased
whether the trade-off in lower pay for more predictability in lateral hiring and firm mergers, however, this quality-by-
schedule and job security seemed nave in the aftermath of association branding has been diluted, resulting in the
corporate failures, relocations, and industry consolidations. current client trend of hiring individual lawyers based
In the 1990s and continuing until the last few years, law on their professional reputations rather than their law
firms and corporate entities grew through lateral hiring at firm affiliations. We believe that specialized expertise
or Are you Experienced before 1993, the year Jimi Hendrixs father,
help restore the family as rightful owner of Jimis music. It turned out to be very complex
litigation, involving many defendants and multiple off-shore corporations throughout the
world, but Lewis succeeded. After two years of intense and often acrimonious litigation, the
defendants conveyed to the Hendrix family all rights, claims, and interests to any and all
and Carbon Fuel. The paper was George Cohen Research on False Convictions and
background for a debate on U.S. completed Exonerations.
energy policy that was aired on PBS. articles to be In October Garrett spoke at the
Also in April, Cannon spoke to the included as University of Torontos lecture series,
Society of Fellows of the University of chapters in two Current Controversies in Forensic
Virginia, on emerging national policy different books. Science & Medicine, hosted by
on climate change. The first is their Centre for Forensic Science &
Over the summer Cannon Interpretation Medicine. He presented research on
wrote an article on the Supreme and Implied Terms in Contract Law, forensic science testimony in wrongful
Courts decision in Entergy Corp. v. which is an updated version of a conviction cases, as well as discussed
Riverkeeper, Inc., which addresses previously published article in the current issues regarding forensic
use of cost-benefit analysis in EPA Encyclopedia of Law and Economics, science reform.
decisions. The article has been the second edition of which will be Garrett is working on a book,
accepted for publication in the published in 2010. The second article, Misjudging Innocence, about
Harvard Environmental Law Review. How Fault Shapes Contract Law, the criminal investigations, trials,
Cannon serves on the National will be included in a book on fault appeals, and post-conviction litigation
Academy of Sciences Committee on and contract law (title TBA), also to of people exonerated by post-
Americas Climate Choices, which be published in 2010, and edited by conviction DNA testing, for which
has been tasked by Congress to Ariel Porat and Omri Ben-Shahar. he recently received a contract from
investigate and study the serious Cohen also expects to finish this fall Harvard University Press. As part of
and sweeping issues relating to work on the fifth edition of the Law that project, Garrett is working on
global climate change and make and Ethics of Lawyering, a casebook analyzing data concerning eyewitness
recommendations regarding what co-authored with Geoffrey C. Hazard, identifications in cases of exonerees.
steps must be taken and what Jr., Susan P. Koniak, Roger C. He presented that data in a talk at the
strategies must be adopted in response Cramton, and W. Bradley Wendel. American Society of Criminology
to global climate change, including The casebook will also be published meeting in November.
the science and technology challenges in 2010.
thereof. The committees final report
will issue in 2010. Two articles from
In September Cannon presented Brandon George Geis are
a critique of Regulation by Litigation Garretts work forthcoming
by Andrew Morriss, Bruce Yandle, was cited in the this year: An
and Andrew Dorchak at a roundtable Supreme Courts Empirical
at Case Western Reserve University opinion in Examination of
School of Law. Cannon also serves on Melendez-Diaz Business
the board of advisors for the Institute v. Massachusetts Outsourcing
for Policy Integrity at NYU Law and in the Transactions in the Virginia Law
School and participated as a panelist majority opinion and a dissenting Review and Internal Poison Pills, in
at a workshop there in November on opinion in Osborne v. District Attorneys the New York University Law Review
cost-benefit analysis in regulation. Office of the Third Judicial District. (offering a novel type of security for
Garrett spoke about the Osborne case governing the tensions between
at a summer workshop at the Law majority and minority shareholders).
School.
In May Garrett participated in
a panel at the annual Law & Society
Conference in Denver titled New
Risa Goluboff Afghanistan with Post-Traumatic In July Howard gave his inaugural
published an Stress Disorder, (with Nicole A. lecture at the Center. His subject was
essay called Stockey), in the Indiana Law Journal Founding Principles: The French
Dispatch from (forthcoming December). Connection. In his lecture, Howard
the Supreme In addition, this summer, as considered the early American state
Court Archives: editor of Developments in Mental constitutions, French interest in
Vagrancy, Health Law, Hafemeister published American developments, the activities
Abortion, and Volume 28, Number 1, which of Benjamin Franklin and Thomas
What the Links Between Them Reveal contained an article by Benjamin Jefferson in Paris, the drafting of
About the History of Fundamental Holley 09, Its All in Your Head: the Declaration of Rights of Man
Rights in the Stanford Law Review, Neurotechnological Lie Detection and and the Citizen and of Frances
and gave a workshop at Harvard Law the Fourth and Fifth Amendments, first Constitution, and enduring
School on the same essay. She made a and an article by Amanda Muller 10, themes of French and American
presentation at a Yale Law School And His Roommate Told constitutionalism.
conference called The Constitution in Me; Should Forensic Mental At the Fourth Circuit Judicial
2020, on a panel on social rights. She Health Evaluators Be Barred from Conference, Howard organized
also made a presentation at a sympo- Recounting Third-Party Statements and moderated a panel reviewing
sium on the NAACP at the Carter When Explaining the Basis of Their principal decisions of the United
Woodson center at UVA. Opinions?, and 30 pages of case States Supreme Courts 200809 term.
notes that he authored. Holley with His panelists included two prominent
his partner, Lee Pfeifer 09, won the journalists, Jan Crawford Greenburg
Thomas William Minor Lile Moot Court of ABC News, and Linda Greenhouse,
Hafemeister Competition this spring. formerly of the New York Times
had three and now a senior fellow at Yale Law
articles pub- School. The other panelists were John
lished this A. E. Dick McGinnis, of Northwestern University
summer; Howard 61 has School of Law, and Ted Olson, a
Beware Those been appointed frequent litigator before the Supreme
Bearing Gifts: by the National Court.
Physicians Fiduciary Duty to Avoid Constitution The Virginia Bar Association
Pharmaceutical Marketing, (with Center and the invited Howard to speak on The
Sarah Payne Bryan) in the University University of Struggle for the Supreme Court at
of Kansas Law Review; The Fiduciary Pennsylvania a special meeting at the Old Capitol
Obligation of Physicians to Just Say School of Law as their visiting scholar Building in Williamsburg. He reviewed
No if an Informed Patient Demands for 2009-10. The joint appointment the efforts of successive Republican
Services that Are Not Medically does not entail the scholars being in presidents to undo the legacy of the
Indicated,(with Richard M. Gul- residence; instead, the scholar gives Warren Court and to move the Court
brandsen, Jr.), in the Seton Hall Law several lectures or programs during in a more conservative direction.
Review; and Lean on Me: A Physi- the course of the academic year. In Washington, Karamah:
cians Fiduciary Duty to Disclose an Previous scholars have included Akhil Muslim Women Lawyers for Human
Emergent Medical Risk to the Patient, Amar, Lillian BeVier, Ted Olson, Rights, convened its annual Law
(with Selina Spinos) in the Washington Kathleen Sullivan, and Lawrence Tribe. and Leadership Summer Program.
University Law Review. A fourth has The theme for the next year is global Howard organized a workshop
been accepted for publication, Last constitutionalism, a focus that builds on the distinctive features, in a
Stand? The Criminal Responsibility of on Howards work with constitution- comparative setting, of American
War Veterans Returning from Iraq and makers in other countries. constitutionalism. In Charlottesville,
Howard was a faculty member at American Commission on Human insight into the institutional forces
the National Security Law Institute, Rights. Professor Hurwitz presented that determine how doctrine is
sponsored by the Center for some of the conclusions from the implemented, and an appreciation of
National Security Law. He spoke report at a conference hosted by the the public impact of doctrinal and
on the prospects for constitutional University of Los Andes in Bogota. institutional choices, including the
democracy in other parts of the world. The Law School Human Rights consequences for fundamental values
As the fall semester got underway, Program has received a grant from such as fairness, participation, and
the editors of the Virginia Law Review the Office of the Vice Provost for transparency.
invited Howard to speak at their International Programs to bring In August Magill became the Law
annual luncheon for faculty. Reflecting Rashida Manjoo, the U.N. Special Schools Academic Associate Dean.
on his days as a law clerk to Supreme Rapporteur on violence against In October she presented
Court Justice Hugo L. Black, Howard women, its causes and consequences, Standing for the Public: A Lost
recounted significant ways in which to UVA for one month, January - History at NYUs Constitutional
the Court has changed from the days February 2010. Manjoo will be a Theory Colloquium.
of the Warren Court to the present distinguished international fellow and
time. He emphasized changes in the a visiting professor. The purpose of
Justices background and experience, the UVA Distinguished International In June Tom
in the process of nomination and Fellows Program is to broaden and Massaro
confirmation, in way the Justices deepen the relationships between became
conduct their business, and in the UVA faculty and colleagues outside founding Dean
selection and role of the law clerks. of the U.S.; increase opportunities of the medical
for research collaborations; provide school at the
opportunities to exchange ideas about University of
effective teaching; expose students Botswana. It is
to the expertise of the International the first medical school in the country
fellows through classroom lectures, and the newest one in Africa.
seminars, and individual meetings;
and to expose members of the larger
University community and residents In October Dan
of Central Virginia to the interests and Meador
Deena Hurwitz at University of Los Andes in scholarship of the fellow. participated in a
Bogota, Columbia.
panel discussion
on the election
In September Deena Hurwitz was in This summer of state court
Colombia to participate in the launch Liz Magill 95 judges at the
of the Spanish version of a report on received from annual meeting
the Right to Education of Afro-de- the American of the American Academy of Appellate
scendant and Indigenous Constitution Lawyers in Philadelphia.
Communities in the Americas. (Full Societys At a conference on the Supreme
text online.) The International Human Richard D. Court at the George Washington
Rights Law Clinic wrote the report in Cudahy Writing University Law School in November,
2008, in collaboration with the Robert Competition an award for her paper Meador participated in a panel
F. Kennedy Memorial Center for Standing for the Public: A Lost discussion on a proposal to regularize
Justice and Human Rights, and the History. The competition seeks to Supreme Court appointments by
Cornell Law School International identify legal scholarship that shows a providing for the appointment of one
Human Rights Clinic, for the Inter- keen grasp of legal doctrine, deep new justice every two years.
This fall the up comedians, published last year in public university board members
Carolina the Virginia Law Review. and presidents), while advising the
Academic Press In October Oliar presented two University System of Maryland on
published papers, Secondary Fair Use, and film exhibition policies, and presented
Jeffrey Naked and Gross: Restrictions on a virtual seminar on campus speech
OConnells Alienation in Trademark Law (with issues for the National Association
book, Political Rich Hynes) at the Works in Progress of College & University Attorneys
and Legal in IP conference in Seton Hall Law (NACUA). He has also continued
Adventurers: From Marx to Moynihan, School, N.J. to work with the Association of
co-authored with his brother Thomas Oliars article, Conventional Governing Boards (revising their
E. OConnell. The book is a collection IP: A New Reading, is forthcoming basic document for new trustees,
of biographical essays on lawyers and (2009) in UCLA Law Review. It Effective Governing Boards), serving
others whose careers intertwined with sheds light on puzzling occurrences on an advisory council on conflict of
law, public policy, and politics, in the Constitutional Convention interest, and the board of consulting
including Adlai Stevenson, Felix surrounding the framing of the IP editors of Trusteeship, the AGB
Frankfurter, Tommy Corcoran, Pat Clause, and on the framers intent and magazine).
Moynihan, Bayard Rustin and others. the clauses original understanding. In the spring ONeil spoke at
In early 2010 the Columbia the annual meetings of the American
Business Law Review will publish an Library Association (Chicago), AGB
article by OConnell and Patricia Robert ONeil (San Diego), and NACUA (Toronto).
Born on the similar cost and other spent the spring He is continuing to direct the Ford
advantages of an early offers reform semester as a Foundations Difficult Dialogues
proposal for product liability claims as visiting professor Initiative, which is entering its final
compared to general liability claims. at the University year. Also this fall, he has an article
of Texas School commissioned by NACUA for the 50th
of Law in anniversary symposium issue of the
In August Dotan Austin, teaching Associations scholarly publication,
Oliar presented a course, Con Law: Church and State. Journal of College & University Law.
Secondary Fair During that time he lectured
Use at the IP at the University of Missouri-
Scholars Columbia (annual Friends of the Dan Ortiz is
Conference at Library Dinner), Rice University, working on a
Cardozo Law Trinity University/San Antonio, the journal piece
School, N.Y. The University of Arkansas-Little Rock, the called Nice
project studies the liability that should Valencia Community College Annual Legal Studies,
be imposed on technology companies Program for Community College which he hopes
for copyright infringement related to administrators and lawyers, and co- to have pub-
their products. presented the William Cotter Debate lished next
In September Oliar published at Colby College in Maine. spring; and with Liz Magill on a book
From Corn to Norms: How IP In February ONeil received the chapter called Comparative Positive
Entitlements Affect What Stand UP first William Kaplin Award, presented Political Theory and Institutional
Comedians Create (with Chris by Stetson University at its annual Design.
Sprigman) in Virginia Law Review higher education law conference. The Supreme Court Litigation
In Brief. This essay replies to four law He also conducted workshops and Clinic, directed by Ortiz, has had
professors who published responses to programs for several governing boards several cases going on this past
our article on IP norms among stand- (Butler University, all West Virginia summer, which Ortiz and others have
been working on together. First, theres Mildred Legal Perspective on Teacher Compen-
Bloate v. United States, which concerns Robinson sation Reform, in Performance
whether time spent preparing published Incentives: Their Growing Impact on
pre-trial motions is automatically Transfer Tax American K12 Education (forthcom-
excludable under the Speedy Trial Reform after ing, Brookings Institution Press 2009).
Act. It was argued on October 6 by EGTRRA-2001: Ryan also taught constitutional
Mark Stancil. The clinic also worked Reconstruction law to a group of foreign students in
on two cert petitions. One, in Rollins or Further Columbia Law Schools Summer in
v. United States, concerns whether a Deconstruction, in the Virginia Tax Amsterdam program, and in January
federal court can impose a sentence Review. will begin a four-month fellowship
consecutive to a not-yet-imposed state Robinson also made a number at the University of Auckland Law
sentence. The other, Mincey v. United of appearances in conjunction School in New Zealand. Ryan stepped
States, concerns whether a person who with Law Touched Our Hearts: A down as the Law Schools Academic
has the renters, but not the rental Generation Remembers Brown v. Associate Dean at the end of August.
companys, permission to drive a car Board of Education, (with Richard
can have a reasonable expectation of Bonnie; Vanderbilt Press, 2009). She
privacy in it. The clinic has also been moderated a penal discussion in George
working hard to identify and line up Williamsburg at the William & Mary Rutherglen has
new cases to pursue. Law School featuring four of the five new editions of
contributors from the William & two books
Mary Law faculty; presented during coming out:
In September the Virginia Festival of the Book Employment
Mimi Riley in March (with Richard Bonnie); Discrimination
presented two presented at the Robert Russa Moton Law: Visions of
talks at Bio2Biz Museum in Farmville, Va., in May; Equality in Theory and Doctrine (a
South Africa, and participated as a panelist during third edition), and Major Issues in the
South Africas Larry Sabatos Massive Resistance Federal Law of Employment Discrimi-
annual national conference in July in Richmond. nation (a fifth edition). He also has a
biotechnology book under contract with Oxford
meeting. The first is Challenges and University Press on Slavery, Freedom,
Solutions in Commercializing In the summer and Civil Rights. Also, over the
Genetically Engineered Animals and Jim Ryan 92 summer, his article, Textual Corrup-
their Products, and the second, published an tion in the Civil Rights Cases, came
Regulating Cloned and Genetically article and book out in the Journal of the Supreme Court
Engineered Animals: Opportunities, chapter: The Historical Society.
Perils and Pitfalls. The following week Big Picture: Five
Riley spoke at the Virginia IRB Legal Issues
Consortium in Charlottesville on That Have
The Genome Information Nondis- Changed the Face of Public Schooling
crimination Act (GINA) of 2008 in the United States in Phi Delta
and Regulatory Aspects of Genetic Kappan; and The Real Lessons of
Research. School Desegregation, in From
Schoolhouse to Courthouse: The
Judiciarys Role in American Education
(Brookings Institution Press 2009).
Ryan has another chapter, entitled A
Fred Schauer published as an article in the UCLA Economy: Local Economic and
continues to Law Review. He also delivered the Immigration Policy held at the UC
serve on the annual Sibley Lecture at the University Hastings College of Law. In June he
board of of Georgia School of Law, with the presented Rethinking the Theory
governors of the title When and How (If At All) Does and Practice of Local Economic
James T. & Law Constrain Official Action? The Development at a conference entitled
Catherine D. lecture will be published as an article Reassessing the State and Local
Macarthur Law in the Georgia Law Review. Government Toolkit held at the
and Neuroscience Project, and In November Schauer was a Chicago Law School. The paper will be
presented Can Bad Science Be Good featured speaker at a university-wide published in the Chicago Law Review
Evidence?: Neuroscience-Based Lie conference on racial profiling at next year. He also published The
Detection and the Mistaken Confla- Washington University in St. Louis. Progressive City, an essay for Why
tion of Legal and Scientific Norms as He also spoke at the University of the Local Still Matters: Federalism,
his inaugural lecture for the Law Michigan Law Schools Legal Theory Localism, and Public Interest
Schools David and Mary Harrison Workshop on Llewellyn on Rules Advocacy, in Papers from the Eleventh
Distinguished Professorship in April; Schauer has also published Annual Liman Public Interest Program
at the Duck Conference on Social Paltering, with Richard Zeckhauser, Colloquium (2009), a conference at the
Cognition in June; at the Mino-Foro in Deception: From Ancient Empires to Yale Law School.
on Proof and Truth in the Law at the Internet Dating (Stanford University
Institute for Philosophical Research, Press, 2009); and Institutions and the
UNAM, Mexico City, in September; at Concept of Law: A Reply to Ronald Gil Siegal S.J.D.
the University of Virginia Department Dworkin, in Law as Institutional 09 (with Moti
of Psychology in October; and at the Normative Order (Ashgate Publishing, Mark) has
State University of New York at 2009). published
Buffalo in November. Mental Health
In May Schauer lectured on Rights in
jurisprudence at the University of Richard Israel A
Palermo and the University of Genoa Schragger has Multi-dimen-
in Italy. returned to UVA sional Analysis in the Journal of
In September Schauer wrote after a year in Health Law and Bioethics. Siegal is a
The Trouble with Cases with New York City, member of the Israeli Statutory
Richard Zeckhauser for a National first as a visiting National Committee on Brain Death
Bureau of Economic Research professor at and Organ Transplantation; the
conference, Regulation by Litigation, NYU in fall 2008 European Society of Cardiology
with the paper to be published in and then as the Samuel Rubin Visiting Special Task Force; and the Ethics
the conference proceedings by the Professor at Columbia in spring 2009. Committee of the Medical University
University of Chicago Press. He also Schraggers article, Mobile of Graz, Austria. He is also on the
spoke on Guidance and the Supreme Capital, Local Economic Regulation, international advisory board of the
Court Docket at a Yale Law School and the Democratic City, will be Austrian Biobank Project (GATiB II
conference on the Supreme Court published in the Harvard Law Review Project).
docket. in December. He presented the Siegal has received a research
In October Schauer delivered the paper at faculty workshops at NYU, grant from the Israeli National
annual Melville Nimmer Memorial Columbia, and Cardozo. Institute for Health policy for A
Lecture at the UCLA School of Law In October of 2008 he gave the Multi-disciplinary Approach to
with the title Facts and the First keynote address at a conference, Quality Control of Child Abuse
Amendment. The lecture will be Cities and Counties in the Global Identification in Emergency Care.
In January and government representatives who would reverse a policy decision made
George Yin have ties to the Law School and are exactly 100 years ago); Reforming the
presented his interested in tax policy issues. The Taxation of Foreign Direct Investment
paper, Tempo- program focused on ways to finance by U.S. Taxpayers, National Tax
rary-Effect the economic recovery effort and many Association., Proceedings of 100th
Legislation, preexisting government obligations, Annual Conference on Taxation;
Political with specific panels on energy and The Story of Crane: How a Widows
Accountability, environmental taxes, the corporate tax, Misfortune Led to Tax Shelters
and Fiscal Restraint, to a tax confer- and the value-added tax. in Tax Stories (Paul L. Caron, ed.,
ence held in Los Angeles, Tax Policy In June Yin participated in a Foundation Press, 2d ed. 2009); and
in the Obama Era, jointly sponsored five-day workshop on international Lawyer, Teacher, Public Servant in
by the UCLA School of Law and the taxation, Berkeley, Calif., jointly John Gamino, Robb A. Longman &
Urban Institute-Brookings Tax Policy sponsored by the Robert D. Burch Matthew R. Sontag, eds., Careers in Tax
Center. The paper, published in April Center for Tax Policy and Public Law: Perspectives on the Tax Profession
in the New York University Law Finance and the Oxford University and What It Holds for You (Amer. Bar
Review, explains why legislation with a Centre for Business Taxation. Assn. Section of Taxation 2009).
specific expiration date promotes In July the first edition of Yins
accountability and budget restraint. casebook, Partnership Taxation
In March Yin testified before the (Aspen 2009), co-authored with
U.S. Senate Finance Committee at a Karen C. Burke, was published. Yin
hearing on whether the expiring Bush is continuing work on a companion
tax cuts for middle-income taxpayers text, Corporate Taxation, also to be
should be extended. He argued that published by Aspen.
because of the countrys dire fiscal In November Yin will participate
situation, all of the tax cuts, including in the 62nd Annual Federal Tax
those applicable to middle-income Conference sponsored by the University
taxpayers, should be allowed to lapse of Chicago Law School. He will
as soon as the country achieves a comment on a paper concerning the
target level of economic growth. The taxation of publicly traded partnerships.
testimony was published in Bush In December Yin will deliver
Income Tax Cuts Should Not Be the luncheon talk at the 57th Annual
Extended, 123 Tax Notes 117 (2009). Taxation Conference sponsored by
Yin also participated in a conference the University of Texas School of Law.
on The Federal Budget and Tax Policy His topic will be Tax Legislation
for a Sound Fiscal Future, sponsored (including Tax Reform?) in 2010 and
by the Washington University Law Beyond.
Center for Interdisciplinary Studies Other publications during 2009
in St. Louis. He presented his paper included Corporate Tax Reform,
on temporary-effect legislation and Finally, After 100 Years (forthcoming
fiscal restraint and also commented on Tax Notes), a short essay, which will
a paper concerning tax expenditures be included in a compilation of tax
and the federal budget. reform proposals for the Volcker Tax
In April Yin organized the annual Reform Panel, that argues in order
meeting, held at the Law School, to prevent a major tax shelter, only
of the Virginia Tax Study Group, a public firms should be subject to the
group of practitioners, academics, corporate tax (if adopted, the proposal
R
ICH SCHRAGGER is one of the nations leading power affects the distribution of power between private capital
young scholars of local government law whose work and government.
expands considerably the traditional boundaries of In the following excerpt, Schragger considers the
that field. Schragger looks at issues that are conventionally appropriate scale for economic regulation. Despite the
analyzed as problems of state-federal relations, such as conventional wisdom that sub-national governments cannot
economic regulation or same-sex marriage, and shows that the effectively control or redistribute capital, Schragger observes
relevant policy actors are often mayors and other local officials. that cities have increasingly sought to do both. This new
He uses that observation to illuminate federal constitutional regulatory localism is noteworthy because it challenges the
law and federalism but federalism considered as a three-tier proposition that industrial policy, redistribution, and other
rather than a two-tier problem. Local, and not merely state, responses to global economic restructuring must be addressed
rules may be protectionist or interfere with the free movement at the national level. It also challenges the proposition that
of people and goods. Schraggers work challenges us to think local economic development policies must necessarily be biased
more deeply about the ways in which the division of political in favor of corporate capital.
EXCERPT FROM:
regulatory power.
In light of these phenomena, we need to reframe our When one turns away from the dominant conception
approach to city power. The conventional approach to of rights and markets, however, a different idea of
the allocation of powers between the federal, state, and vulnerability emerges. A competing political tradition
local governments involves assessing those governments tells us that governments are also vulnerable to markets,
relative competences and the political effects of particular though this vulnerability tends to be less visible. Indeed,
allocations. These debates occur, however, with little the vulnerability of the city to mobile capital is often
consideration of the allocation of power as between interpreted as the reverse the vulnerability of capital to
government and capital. Debates about decentralization local government.
make little sense without reference to the private-side Kelo [v. New London] is a nice example: mobile
exercise of economic power as well as the public-side capital dictates the terms of New Londons economic
exercise of regulatory power. The relevant question is: How strategy, but the salient and legally-cognizable act was
is the citys power exercised vis--vis capital in particular, the governments invasion of the homeowners property
vis--vis large-scale, mobile capital? That question should rights. The liberal economic order has the necessary tools
to prevent the public sphere from invading a protected power to intervene in the private marketplace by enforcing
private sphere the language of rights does most of this a rigid public/private distinction and adjusting the citys
work. But we have more trouble understanding when the powers vis--vis higher level governments have been the two
private sphere is invading the sphere of the public that primary ways of dealing with the pathologies of the city-
is, we have more trouble preventing the distortion of public business relationship. These conceptual narratives continue
decision-making for private ends. Explicit corruption or to dominate the current law of local government.
capture of public processes can be guarded against, but Those efforts are quite imperfect, however. More
the form of corruption that worries those concerned with importantly, they appear unable to effectively cabin the
capitals political power the narrowing of the public politics of capital attraction, retention, and exploitation.
sphere, the loss of political and economic independence, That is because the relationship between the legal regulation
government policy driven by unaccountable and unelected of the city and mobile capital is not a linear one. The city
The sense that government has lost the power to control the chief determinants of
citizens well-being drives local economic reform efforts like the minimum wage.
economic actors is more difficult to articulate. The sense develops in tandem with private investment, commercial
that government has lost the power to control the chief activity, and capital formation city power cannot be
determinants of citizens well-being sometimes described disentangled from the power of private economic activity.
in terms of democracy deficits drives local economic Mobile capital operates through the instruments of local
reform efforts like the minimum wage. government; the rules that bind the latter might well be for
Our difficulty in articulating this concern reflects the the purpose of binding the former. Reformers legitimately
pervasiveness of the negative conception of rights as trumps worry that public power will be used as an instrument for
to be asserted against government invasions. That difficulty private gain, but private gain is the citys lifeblood.
also stems from the fact that we have come to discount the The notion of city power is thus more complicated
notion of the common good itself; the public no longer than it appears. Cataloguing the powers or limitations of
exists, but is an amalgam of private interests. Indeed, our municipal government does not tell us very much. Rather,
current theories of democratic process dominated as they one needs to ask how lodging authority to make certain
are by public choice tend to undermine the idea of an kinds of decisions at a particular level of government
identifiable democratic public at all. The democratic public federal, state, or local affects the city-business relationship.
either does not exist or has no interests that can be invaded Indeed, the city power debate to the extent it only
by private-side rights-bearers. looks at the legal powers of cities vis--vis other levels
But this one-sidedness masks the central problem, of government is somewhat beside the point. Local
which is that the political pathologies of local government autonomy is not an available option: first, because the city
are, in significant part, a function of local governments and private investment are inextricably linked; and second,
relationship to capital. Indeed, both concerns the because different allocations of legal authority as between
public invasion of rights and the private corruption of the city, state, and federal governments will have different
the public good have and continue to be dominant (and not always predictable) consequences for the citys
problems in the city-business relationship. Recall that vulnerability to private-side control and manipulation.
the original 19th century limitations on city power were
a means of restraining giveaways to mobile capital; the
counter-movement to limit state authority was motivated
by similar concerns that business-dominated interests were
corrupting good municipal government. Limiting municipal
1964 1965 Reunion Year Virginia Super Lawyers in the area of real
estate. He is a partner with Crenshaw, Ware
W. Thomas Grimm lives in Ruskin, Fla., Stuyvesant K. Bearns has been included & Martin in the firms Norfolk office.
where he has embarked on a new career as in Best Lawyers in America 2010 in the area
an adjunct professor teaching American of trusts and estates. He was also listed Henry L. Young, Jr., is a sole practitioner
government, political science, and business in Connecticut Super Lawyers in the area in Dawsonville, Ga. He serves as
law at Hillsborough Community College. of estate planning and probate. He is of National Judge Advocate of the 82nd
His daughter, Emily, recruits physicians counsel in the Lakeville office of Shipman Airborne Division Association, a veterans
for a regional hospital in Thomasville, Ga. & Goodwin. organization. In 2008 the Association
His son, Lars, graduated from Yale medical honored him with Airborne Man of the
school this spring and is at Duke for his Year at its annual awards ceremonies in
residency. His son, Nils, just graduated 1966 Atlanta.
from Vanderbilt and is attending UVA Law.
Guy Farmer recently joined Gray
Edward J. Handler III is the founder, Robinson in Jacksonville, Fla., where 1968
chair, and CEO of The Bronx Project, Inc., he will continue to practice labor and
a developmental stage drug company. employment law. He was recently David D. Biklen was elected a lifetime
The company has finished pre-clinical recognized as having been named in every member of the Uniform Law Commission
testing of Pharmaceutical C3 in mice and edition of Best Lawyers in America. at the organizations recent annual meeting
expects to conclude trials in non-human in Santa Fe, N. Mex. Biklen, executive
primates soon. Pharmaceutical C3 will be director of the Connecticut Law Revision
effective in arresting Parkinsons. Studies 1967 Commission, was first appointed a
with rodents have shown it to be effective Connecticut commissioner in 1982 and
against schizophrenia and ALS as well. J. Rudy Austin has been included in has been reappointed by three succeeding
Publication of articles (on Parkinsons) Virginia Super Lawyers in the area of governors.
in juried journals is anticipated as well as construction litigation. He is a partner in
some media coverage. the Roanoke office of Gentry Locke Rakes Donald C. Greenman has been included
& Moore. in the International Whos Who of Shipping
Whayne Quin is a partner in the & Maritime Lawyers 2009. He has been
Washington, D.C., office of Holland & Howard W. Martin, Jr., included in Best Lawyers in America in the
Knight, where he practices municipal law. recently received the maritime category since 1989 and has been
Eggleston-IAnson editor of American Maritime Cases since
Gilbert Wright practices insurance and Award from the 1993. He is a principal in the admiralty
contract litigation law as a solo practitioner Norfolk & Portsmouth and maritime group in the Baltimore, Md.,
in Jacksonville, Fla., after many years as Bar Association. The office of Ober/Kaler.
counsel with larger law firms. In 2006 he award, given in a
moved to Jacksonville from Massachusetts formal ceremony at Barry C. Hawkins has been selected for
with his wife, Nancy. They have a son the associations annual meeting in May, inclusion in Best Lawyers in America 2010
who practices law in Chicago, a son who honors attorneys who epitomize the in the area of real estate law. He was also
works in banking in Montana, and two highest standards of professionalism listed in Connecticut Super Lawyers.
grandchildren. throughout their careers. Martin has been Hawkins is a partner in the Stamford office
selected for inclusion in Best Lawyers in of Shipman & Goodwin.
America 2009 and has also been listed in
Tell us the important things that happen in your life! We welcome submissions for inclusion in Class Notes. Online, submit them at www.law.
virginia.edu/alumni; E-mail them to lawalum@virginia.edu; mail them to UVA Lawyer, University of Virginia School of Law, 580 Massie Road,
Charlottesville, VA 22903; or fax them to 434/296-4838. Please send your submissions by February 19 for inclusion in the next issue.
by Rebecca Barns
Edward B. Lowry has firm, Sugarman & Susskind, represents G. Franklin Flippin has been selected for
been selected for labor unions, employee benefit funds, and inclusion in Virginia Super Lawyers in the
inclusion in Virginia workers. area of business law. He is a partner in the
Super Lawyers and in Roanoke office of Gentry Locke Rakes &
Best Lawyers in Jim Turner, retired captain, U.S. Naval Moore.
America 2010. He is Reserve, enjoys retirement and tending
with Michie Hamlett his garden and lawns in the idyllic hills of
Lowry Rasmussen & central New York, just outside picturesque 1974
Tweel in the Charlottesville office, where his Cooperstown.
practice focuses on commercial litigation. Ralph Hornblower and Cynthia Edmunds
were married on November 6, 2004.
John McVickar is on the board of the 1973 Hornblowers daughter, Natalie, was
Capital Region Land Conservancy in born on June 21, 2007. His son, Sam, is a
Richmond, a private, non-profit land trust George Bostick has been appointed producer for the CBS program, 60 Minutes,
that helps preserve and protect areas of benefits tax counsel at the U.S. Department and his son, Luke, entered a JD/MBA
scenic, historic, and ecological significance of the Treasury. He will advise the Assistant program in Claremont, Calif., this fall.
in Richmond and seven surrounding Secretary for Tax Policy, the General
counties. Counsel of the Treasury, and others in In April 2008 Victor V. Ludwig was elected
Treasury regarding employee benefits by the Virginia General Assembly to serve
Ronald R. Tweel was and executive compensation policy. as a circuit court judge of the 25th Judicial
selected for Bostick practiced with Sutherland Asbill Circuit. He is the resident judge of Augusta
membership in the & Brennan in Washington, D.C., for 30 County.
American College of years and was one of the founders of the
Family Trial Lawyers, firms employee benefits and executive James T. OReilly is
one of only two compensation team. co-author of Punishing
lawyers in Virginia to Corporate Crime: Legal
be so honored. Tweel Lee F. Feinberg has Penalties for Criminal
has also been selected for inclusion in the been selected for and Regulatory
Virginia Super Lawyers and in Best Lawyers inclusion in Best Violations, published
in America 2010. Tweel practices with Lawyers in America by Oxford University
Michie Hamlett Lowry Rasmussen & Tweel 2010 in the area of Press in August.
in Charlottesville, where he focuses on the energy law. He is a OReilly is an international lecturer on
area of domestic relations. member in the environmental law and part-time professor
Charleston, W. Va., at the University of Cincinnati College of
office of Spilman Thomas & Battle. Law. He is the vice-mayor of the city of
1972 Wyoming, Ohio, and has been elected to
Mark E. Feldmann the executive committee of the Ohio-
In May Robert A. Sugarman was honored was selected for Kentucky-Indiana Regional Council of
by the Jewish Labor Committee for his inclusion in Legal Elite Governments. He is of counsel in the
contributions to labor and employee 2008 by Virginia Indianapolis, Ind., office of Baker &
benefits law and his accomplishments on Business magazine in Daniels, where he is a member of the life
behalf of working people. A reception the area of sciences practice group concentrating on
was held for him at the AFL-CIO lawyers construction law and FDA regulatory matters. (See In Print)
coordinating committee conference at the the Virginia Super
Fontainebleau Resort in Miami Beach. Lawyers for business litigation. He is a Bruce Stanley, Sr., was
Growing up in Miami, the son of a union- shareholder/director and president of selected for inclusion
member butcher, Sugarman became a Glenn, Feldmann, Darby & Goodlatte in in Florida Super
union member himself as a teenager, and Roanoke. Lawyers. He is a
later a union organizer. His Miami law stockholder with
Henderson, Franklin,
Starnes & Holt in the
firms Fort Myers office. Stanley practices Lee F. Mercier has been selected for Auburn United Methodist Church, and a
civil litigation with special focus on inclusion in Florida Super Lawyers in estate dedicated Democrat who formerly served
medical malpractice, aviation cases, planning and probate. He has been board as chairman of the Montgomery County
products liability defense, and eminent certified in wills, trusts, and estates since Democratic Committee.
domain. He also has an agency practice 1986 and is a shareholder with Dale, Bald,
dealing with licensing and disciplinary Showalter, Mercier & Green in the firms John V. Little has been
issues before the Florida Department Jacksonville office. selected for inclusion
of Health. in Best Lawyers in
America 2010 in the
1976 areas of corporate and
1975 Reunion Year real estate law. His
Peter E. Broadbent, Jr., has been practice focuses in the
Kent E. Agness retired after practicing recognized in Virginia Super Lawyers as areas of business law
business law for 30 years with Barnes one of the top five percent of lawyers in and commercial real estate law, including
& Thornburg in Indianapolis, Ind. His the state for his practice in utilities law. formation and operation of business
daughter, Karin, graduated from the Law He has also been reappointed by the entities; business and real estate finance;
School in May, and Kent reports that he speaker of the Virginia House of Delegates banking; real estate development; and
really enjoyed getting to Charlottesville to as one of the non-legislator members of business and commercial real estate
visit her over the past seven years. the Virginia War of 1812 Bicentennial transactions. He is in the Charlottesville
Commission. Broadbent practices business, office of Michie Hamlett Lowry Rasmussen
Charles L. Howard has been selected intellectual property, governmental and & Tweel.
for inclusion in Best Lawyers in America communications (utilities) law as a partner
2010 in the area of commercial litigation. with Christian & Barton in Richmond. Ann Margaret Pointer
He was also listed in Connecticut Super has been selected for
Lawyers in the area of intellectual property Fred Gleaton recently inclusion in Best
litigation. He is a partner in the Hartford became one of the first Lawyers in America
office of Shipman & Goodwin. ten lawyers in Georgia 2010. Pointer is a
certified by the partner in the Atlanta,
John H. Lawrence, Jr., has been included American Board of Ga., office of Fisher &
in Best Lawyers in America 2010 in the Professional Liability Phillips, where she
areas of corporate and health care law. Attorneys. He has been focuses on representing management in
He was also listed in Connecticut Super involved in the defense labor and employment matters. She is also
Lawyers in the area of business/corporate of physicians and medical care providers in an adjunct professor at Emory University
law. He is a partner in the Hartford office medical liability cases for the past 25 years. Law School.
of Shipman & Goodwin. Gleaton has been named an advocate by
the American Board of Trial Advocates, a David B. Shapiro has
Don P. Martin was fellow of Litigation Counsel of America, been selected for
named in Southwest and has been recognized in Georgia Super inclusion in Best
Super Lawyers Lawyers, 2007-2009. He is a founding Lawyers in America
magazine as among partner in the Atlanta firm of Owen, 2010 in the area of
the top five percent of Gleaton, Egan, Jones and Sweeney, which corporate law. He is a
attorneys in Arizona was recently named by Georgia Trend as member in the
and New Mexico. He is one of the Best Places to Work in Charleston, W. Va.,
also included in Georgia. office of Spilman Thomas & Battle.
Chambers USA 2009 in the area of
litigation. Martin was also selected for Phillip Edwin Keith passed away on M. Hamilton Whitman, Jr., has been
inclusion in Best Lawyers in America 2010 August 15, after a long battle with brain selected for inclusion in International Whos
in the area of commercial litigation/legal cancer. Keith was the head prosecutor Who of Shipping & Maritime Lawyers 2009.
malpractice law. He is a partner in the at the Montgomery County (Virginia) He was also included in Maryland Super
Phoenix office of Quarles & Brady, where Commonwealth Attorneys office, a Lawyers in the area of transportation/
he handles complex commercial litigation. Hokie fan, a lifelong member of the maritime law, and has been listed in Best
Lawyers in America since 1989. Whitman focus was collective redress/class action in Eric Solomon, most recently the U.S.
serves on the advisory board of Historic the European Union. DAngelo delivered Treasury Assistant Secretary for Tax Policy,
Ships in Baltimore and the national Hearing of the Alliance of Liberals and has been named director of national tax in
advisory board of the Maritime Arbitration Democrats for Europe on Collective Ernst & Youngs national tax department in
Association of the United States. Whitman Redress and What Did Go Wrong with a New York City.
is a fellow of the American College of Trial Well-Meant Idea in the U.S.?
Lawyers. He is a principal in the admiralty In June he spoke at the Product
and maritime group in the Baltimore office Liability Advisory Councils conference 1979
of Ober/Kaler. in Boston, Mass. In his presentation, The
Times They Are a Changin, he discussed Robert Burton has served for over 21
his work with the European Parliament years as a procurement law attorney in the
1977 and the EU Commission regarding Department of Defense. In 2001 he was
proposals for class actions in Europe, appointed deputy administrator for federal
William C. Crenshaw has joined Akerman noting what consumer rights actions in procurement policy in the Executive Office
Senterfitt as a shareholder in the firms Europe and Australia could mean for U.S. of the President and became the top career
Washington, D.C., office, where he focuses and multinational companies. DAngelo is procurement policy official in the federal
his practice in the areas of bankruptcy and a partner with Montgomery, McCracken, government.
creditors rights, commercial litigation, and Walker & Rhoads in Philadelphia, Pa. In 2008 Burton retired from federal
real estate. service and joined Venable in Washington,
Mark Duvall recently retired from Dow D.C., as a partner, where he works with
Dennis A. Henigans book, Lethal Logic: Chemical and has moved to Washington, the firms government contracts and
Exploding the Myths that Paralyze American D.C., joining Beveridge & Diamond to government affairs practice groups.
Gun Policy was published by Potomac practice environmental regulatory law. His Burton is a fellow of the National Contract
Books in June. The book explores the daughter, Amy, graduated from Michigan Management Association and the National
impact of bumper-sticker logic on the Law School and will work in New York. Academy of Public Administration and
gun control debate and explains how previously served on the Council of
the gun lobbys tireless trumpeting of Lyn Gammill Walker has been selected for the American Bar Associations Public
simple, misguided messages has helped it inclusion in Best Lawyers in America 2010 Contract Law Section.
maintain political power. Henigan is the in the area of trusts and estates. She was Burton and his wife, Jane Urling,
vice president for law and policy at the also listed in Connecticut Super Lawyers in have four children: Beth, Jim, John, and
Brady Center to Prevent Gun Violence and the area of estate planning and probate. Danny. Beth is a junior at George Mason
is the founder of the centers Legal Action She is a partner in the Hartford office of University; Jim is a first-year student at
Project. For two decades he has been an Shipman & Goodwin. UVA; John is a sophomore at the Heights
outspoken advocate for stronger gun laws. School in Potomac, Md.; and Danny is a
(See In Print) Michael P. Haggerty 4th grader.
has been appointed to
Charles S. Sharp has been elected by the the North Dallas Bank F.B. Webster Day has
General Assembly to the position of judge & Trust Co. Board of been selected for
of the 15th Judicial Circuit, sitting in Directors. He is a inclusion in Best
Stafford, Va. partner with Jackson Lawyers in America
Walker, where he leads 2010 in the area of
the finance practice corporate and public
1978 group in the firms Dallas office. He is finance law. He
listed in Best Lawyers in America 2010 in manages the Roanoke,
In May Christopher the area of real estate law and has been Va., office of Spilman Thomas & Battle.
Scott DAngelo was a named a Texas Super Lawyer by Texas
featured speaker at the Monthly for the past six years. David Furrow has been running his own
International firm for 20 years. With two other lawyers,
Association of Defense Furrow & Dudley is now the largest private
Counsel meeting in firm in Franklin County, Va. The firms
Prague. The meetings office is in Rocky Mount.
Sally C. Merrell has joined Von Briesen acquisitions law. He is a member in the the public sector services and business
& Roper in the Milwaukee, Wis., office. Charleston, W. Va., office of Spilman services groups in the Pittsburgh office of
She is a shareholder in the business Thomas & Battle. Babst, Calland, Clements and Zomnir.
practice group, where she focuses on estate
planning, estate and trust administration, William M. Herlihy Allen Morgan has been elected a company
charitable gift planning, and private has been ranked by director of Oversee.net, a business
foundations. Chambers USA 2009 in headquartered in Los Angeles, Calif.,
natural resources law offering integrated services to register,
W. David Paxton has been included in and has been selected appraise, buy, and sell domain name
Virginia Super Lawyers in the area of for inclusion in Best properties. For the past ten years he has
employment and labor. He is a partner in Lawyers in America been a managing director and most recently
the Roanoke office of Gentry Locke Rakes 2010 in the areas of a venture partner at the Mayfield Fund.
& Moore. corporate law, energy law, and natural
resources law. He is a member in the David N. Schaeffer was installed as the new
Beat U. Steiner has Charleston, W. Va., office of Spilman president of the Atlanta Bar Association,
been elected a fellow Thomas & Battle. the largest voluntary bar association in
of the American the Southeast, at the bars annual meeting
College of Real Estate Christine Hughes was selected for the list, and awards luncheon in June. He served
Lawyers (ACREL). In-House Leaders in the Law, compiled as chair of the Litigation Section of the
ACRELs lawyers are by Massachusetts Lawyers Weekly and Atlanta Bar Association in 20032004, and
elected to fellowship featuring attorneys who demonstrate has been a board member and officer of
for their legal ability, innovative and practical business and legal the organization for seven years. Schaeffer
experience, and high standards of skills as general counsel or staff attorney is a partner in the Atlanta office of Holland
professional and ethical conduct in the and who have an uncanny ability to Schaeffer Roddenbery Blitch (formerly
practice of real estate law. Steiner is the inspire and lead. Hughes is vice president known as Kidd & Vaughan), where his
administrative partner of the Boulder, and general counsel to the president and practice includes civil litigation, personal
Colo., office of Holland & Hart, the largest board of trustees at Emerson College in injury claims, employment litigation, and
law firm in the Rocky Mountain West, and Boston. malpractice litigation. With the passing
chairs the firms resorts, lodging, and of Charles Kidd 62 and the retirement
leisure group. Tom Keane is a columnist for the Boston of Woodrow W. Vaughan, Jr. 78, the
Globes op-ed page and regularly writes remaining partners have renamed the firm.
for the Globe Sunday Magazine. His pieces David is now the only remaining UVA Law
1981 have also appeared in the Boston Herald alumnus at the firm.
and a number of other publications. Keane
Lora Dunlap has been included in Best has established a reputation for calling The recent acquisition of AbCRO by
Lawyers in America 2010. Dunlap is a things as he sees them (i.e., describing the Pharmaceutical Product Development
partner in the Orlando, Fla., office of Rose Kennedy Greenway as wretched created a serendipitous instance of Law,
Fisher, Rushmer, Werrenrath, Dickson, and weighing in on whether eating locally Darden, and other UVA alumni working
Talley & Dunlap, where she focuses her grown food will really save the planet in together, writes Bob Webb.
practice on professional liability defense his opinion it wont). Keane is a partner AbCRO, a clinical research
in the area of attorney and accountant with Murphy & Partners, a New York- organization operating in Central and
malpractice. based private equity fund. Eastern Europe, was cofounded in 1999
by Darden alumna Dana Leff Niedzielska.
David P. Ferretti has Blaine Lucas has been Under Danas leadership as CEO, AbCRO
been selected for named by Pennsylvania expanded operations throughout Eastern
inclusion in Best Super Lawyers as one Europe, including Bulgaria, Poland,
Lawyers in America of the top lawyers in Romania, Serbia, Croatia, Ukraine, and
2010 in corporate law the state in the Russia, and had over 230 employees.
and mergers and government/cities/ The sale transaction brought together
municipalities section. more Virginia graduates, as Darden
He is a shareholder in alumna Cecilia (Vidaeus) Gleason and
Robert Bettacchi, a former senior vice office of Morris, Nichols, Arsht & Tunnell,
president of Grace and the president of where he focuses his practice in the area of
the construction products division, was commercial law counseling.
charged with conspiracy to violate the
Clean Air Act, knowing endangerment Jeffrey Levinger is
under the Clean Air Act, and conspiracy included in D
to defraud the United States. He faced Magazines listing of
a maximum prison sentence of up to the Best Business
15 years. The indictment alleged that Lawyers in Dallas. He
Bettacchi, several other Grace executives, is a co-founder of
and the company had endangered Hankinson Levinger,
the citizens of Lincoln County due to an appellate boutique
UVA ties abound. From left: Neal McCarthy, Dana the release of asbestos from Graces firm, and has been recognized among
Leff Niedzielska, Lukasz Niedzielski, Cecilia
former vermiculite mining operation Texass top lawyers every year since the
Vidaeus Gleason, and Bob Webb.
near Libby, Mont. The Department of Texas Super Lawyers list was first published
McIntire alumnus Neal McCarthy, both of Justice characterized the case as the in 2003. Levinger has also been named
investment banking boutique, Fairmont most significant criminal environmental repeatedly to lists of the top 100 attorneys
Partners, served as financial advisors to case ever prosecuted by the federal in both the Dallas-Fort Worth area and
AbCRO, while Webb of the Tysons Corner, Government. throughout the state of Texas.
Va., office of Squire, Sanders & Dempsey The Weil Gotshal trial team, headed
served as legal counsel to AbCRO and its by Frongillo, conducted the cross- Will Lindsey recently closed his office in
shareholders. examination of the Governments key Salem, Va., after 27 years of private practice
Not to be left un-Wahooed, however, witness that exposed the Governments and joined the Capital Public Defenders
Pharmaceutical Product Development suppression of exculpatory evidence. Office as a senior assistant capital defender.
turned to Mark Allebach 98 of the As a result, the district court imposed The office, based in Christiansburg, is one
Wilmington, N.C., offices of Murchison, sanctions against the Government during of four regional offices in the state, and
Taylor & Gibson for its outside legal counsel. the trial and struck all testimony of the represents indigent defendants who face
witness against Bettacchi. The jurys verdict the death penalty throughout southwest
exonerated him on all charges. Frongillo Virginia.
1982 leads Weil Gotshal & Manges litigation
practice in the firms Boston, Mass., office. Jay M. Tannon has helped create a new
Joe Dischinger is vice president of the transatlantic clean energy fund called
Colorado Bar Association. Dischinger is Michael Houghton Novus Energy Partners, with offices in
with Fairfield and Woods in Denver, Colo., has been elected chair Alexandria, Va., and Oslo, Norway. He
where he focuses his practice on water of the executive is a founder and outside counsel for the
rights and environmental law. committee of the fund. Tannon is a partner with DLA Piper
National Conference in the Washington, D.C., office, where he
Wendell Fleming has started a new of Commissioners on counsels private equity funds and other
job as executive director of the LARRK Uniform State Laws businesses on acquisitions and other
Foundation in Denver, Colo., which (Uniform Law strategic transactions.
focuses on helping at-risk kids. I have Commission). The ULC oversees the
never enjoyed a job this much, he says. It drafting and promotion of uniform state
is especially gratifying to be giving away laws, including the Uniform Commercial 1983
money during these tough times. Code, Uniform Probate Code, and
Uniform Securities Act. James P. Cox III has
Thomas C. Frongillo was the lead attorney Since first appointed to the ULC from been selected for
in United States v. W.R. Grace, et al., an Delaware in 1995, Houghton has served inclusion in Virginia
11-week federal criminal jury trial in on drafting committees, as chair of two Super Lawyers and Best
Missoula, Mont., that resulted in acquittal committees, and as ULC vice president.
on all counts and was the subject of He is a partner in the Wilmington, Del.,
newspaper articles throughout the country.
Lawyers in America 2010. He practices with Jeff Horner has been selected for inclusion John Serpe recently
Michie Hamlett Lowry Rasmussen & Tweel in Best Lawyers in America 2010 in the opened Serpe, Jones,
in the Charlottesville office, where he area of education law. He is a partner in Andrews, Callender &
focuses on estate planning and the Houston, Tex., office of Bracewell & Bell in Houston, Tex.
administration, estate litigation, and real Giuliani. The firm handles all
estate. areas of litigation with
Robert Maguire has joined Perella special expertise and
Stephen S. Edelson earned an MBA from Weinberg Partners as a partner in the firms experience in medical
Stanford after Law School and has been corporate advisory group in the London malpractice, health law, and commercial
a biotech and clean tech entrepreneur office. Maguire provides strategic advisory litigation.
since then. Currently he is co-founder and services to clients in the global energy
president of FogGusters, Inc., which has a sector. Prior to joining the firm, Maguire
novel, eco-friendly technology to remove was active in the global energy markets for
fat, oil, and grease (FOG) from oil refinery over 20 years, including his tenure at Basin
and food factory wastewater so the FOG Capital Partners, where he continues to
can be used to make biodiesel cash serve on the advisory board. Prior to Basin
from trash. Edelson has also founded and Capital, Maguire was an investment banker
headed companies in precision farming in Morgan Stanleys energy group.
(using GPS to grow crops using less
water, fuel, and fertilizer) and in electric Wayne Moore,
power efficiency (digital filters that clean associate professor of
polluted AC electricity). Steve, his wife, political science in the
Meg, and their daughter live in the San College of Liberal Arts
Francisco, Calif., area. and Human Sciences
at Virginia Tech,
Patrick O. Gottschalk is nearing the end of received the A fond memory from the class of 1983s 25th reunion
in 2008: (from left) Craig Van de Castle, Frank
his four-year term as the Virginia Secretary Universitys 2009
Vecella, Jeff Oleynik and Bob Latham.
of Commerce and Trade. Thus far in Alumni Award for Excellence in
Governor Tim Kaines administration, Undergraduate Academic Advising. Craig Garett Van de Castle passed away
more than 70,000 jobs have been created Recipients may be nominated by faculty on August 2 from pancreatic cancer. As an
and over $11 billion invested in Virginia. members or students, and are selected by a undergraduate at UVA he was an Echols
committee of former award winners. Scholar and lived on the Range. Craig
Lee Guerry married Witney Schneidman Moore has served as a pre-law adviser graduated with a B.A. in history and won
on November 15, 2008, in Alexandria, for the Department of Political Science a scholarship from the Victorian Society
Va., with a reception at the Mayflower since joining the Virginia Tech faculty in for the study of Victorian architecture in
Hotel in Washington, D.C. Lee has two 1992 and has been the universitys sole England. After law school he clerked for
stepchildren: Sam, a junior at Sewanee in pre-law adviser since 2003. He also teaches Ellen V. Nash and practiced with Wood
Tennessee, and Ellie, a sophomore at St. constitutional law for the department. and Stone until 1986, when he joined the
Joes in Philadelphia, Pa. Lee is with Keller National Legal Research Group, where
Williams Realty in Alexandria. Julie K. Oldehoff has he specialized in the law of governmental
joined Greenspoon bodies.
Don K. Haycraft has Marder in the firms Craig was one of the first garden
been selected for West Palm Beach, Fla., guides at Monticello in 1984 and became
inclusion in Best office, where she a gardener there in 1987. In 1994 he
Lawyers in America focuses her practice in became a groundskeeper at the University,
2010 in the areas of commercial litigation maintaining Monroe Hill, the Lawn,
maritime law and and collections and Pavilion gardens, and the cemetery. In
personal injury appellate law. 1997 he became a private landscaper
litigation. He is a and worked on estates in the counties
shareholder in the New Orleans, La., office surrounding Charlottesville. The work he
of Liskow & Lewis. loved the most was the 36 years of blood,
Reunion Weekend
500+
Belgian waffles consumed at Sunday brunch 225
(at the very least)
sweat, and tears that he put into Blackberry Mark Mamantov has and singles, both gay and straight, have
Hill Farm, where he created an extensive been named as one of children through surrogacy and egg
series of trails, rock walls, terraced lawns, the 101 most donation. Circle Surrogacy has had about
and flower beds throughout the beautiful influential people in 300 children born through its program and
40 acre farm in Crozet. commercial real estate expects another 100 or so this year. Last
Craig is survived by his brothers, Keith in Tennessee by year alone, the agency was featured in the
of Nashville, Tenn., and Drake of Crozet, BusinessTN magazine. New York Times, the Wall Street Journal,
and his father, Robert, of Charlottesville. The magazine has the front cover of Newsweek, the London
named him one of the best lawyers in the Times, CNN, and many other magazines,
Missy Young, who is no longer at state of Tennessee every year since 2004, newspapers, radio stations, and television
Monticello, traveled to England this and has recognized him as one of programs worldwide. Circle Surrogacy
summer and had lunch with Bob Maguire Tennessees leaders in commercial real has clients from nearly 40 countries and
in London. Bobs wife, Katherine Bucknell, estate since 2007. has been growing even in this time of
is a literary scholar and novelist. All economic crisis.
three of their children are accomplished Winsor Schmidt LL.M. has been
musicians: son Bobby just graduated from appointed Endowed Chair/Distinguished
Cambridge, daughter Lucy has begun Scholar in Urban Health Policy at the 1985 Reunion Year
studies at the New England Conservatory, University of Louisville. He is also
and 10-year-old Jack follows in his siblings professor of psychiatry and behavioral Paul A. Lombardo and his research on
footsteps as a talented violinist. sciences, and professor of family and state-sponsored sterilizations were the
geriatric medicine, at the Universitys focus of a full-length cover story in USA
School of Medicine, and professor of Today on June 24.
1984 health management and systems sciences, For nearly 30 years Lombardo
at the Universitys School of Public Health has delved into the facts involved in
Jeanne Bynum Hipes opened Hipes Law and Information Sciences. Schmidt was the Buck v. Bell case in which the U.S.
in Alpharetta (metro Atlanta), Ga., in July previously professor of health policy and Supreme Court ruled it was legal for
2008. Hipes Law (www.HipesLaw.com) administration, and chair, Department the State of Virginia to order the tubal
consists of four seasoned trial lawyers who of Health Policy and Administration, at ligation of Carrie Buck because she was
focus on the representation of business Washington State University. deemed feeble minded. His book, Three
executives and professionals in disputes Generations, No Imbeciles, published in
involving employment and commercial Bill Stuntz reports that in the spring of 2008, presents his careful research on Buck,
business matters. 2008 he was diagnosed with advanced- the first victim of a 1924 sterilization law,
stage cancer. So far, his treatment is and the history of eugenics in the United
Sarah P. Clement is an administrative going well. Stuntz is on the law faculty at States.
judge with the U.S. Merit Systems Harvard University. Lombardo is professor of law at
Protection Board in Alexandria, Va. She Georgia State Universitys College of Law,
still sees Joanne Schehl 84 and Kathleen John Weltman continues his practice as where he teaches courses in the history of
Nilles 85, who also live and work in the a commercial litigator, handling business, bioethics, genetics and the law, and mental
D.C.-area. real estate, and art-related disputes across health law and legal regulation of human
Clements work involves adjudicating the U.S. and abroad. He recently won an research.
employment appeals of Federal employees. international arbitration involving burn
She reports that the work is very unit facilities for oil workers in Algeria and Andrew J. Morris has joined the
interesting, involving lots of human is now handling a hedge fund partnership Washington, D.C., office of Carr
interest stories. dispute with mediation in London. Maloney, where he focuses his practice
Weltman writes that he and his on commercial litigation and government
Jory Hingson Fisher is a certified life and husband, Cliff, were one of the first gay investigations with emphasis on high-
career management coach in Lynchburg, couples in the country to have children stakes disputes involving financial
Va. (www.joryfishercoaching.com) Jory also through surrogacy. Shortly following the reporting, professional liability, securities
practices law part-time as a child advocate birth of his second son, Weltman founded fraud, and corporate governance. He was
and as a collaborative family practice a surrogate parenting agency, now called previously with Mayer Brown.
attorney. Circle Surrogacy, to help other couples
Dr. Shireen Lewis 89 received an Unsung Hero award from quite young. That mentoring relationship profoundly changed my
Ebony magazine, for making a difference for children, schools, and life and boosted my self esteem to such an extent that I went on to
communities. Lewis is the executive director of EduSeed and founder excel in college, earn a law degree, and a Ph.D.
of its SisterMentors program, based in Washington, D.C. SisterMentors women and girls are African Americans, Latinas,
Lewis career includes almost 30 years of mentoring and Asian Americans and immigrants. The program helps doctoral
coaching women and girls. Through SisterMentors, Lewis has helped candidates to complete their dissertations and get their doctorates.
32 women of color earn doctorates and two groups of girls of color The women in turn, while in the program, give back by mentoring
get into college, including to Duke University, Goucher College, girls of color from disadvantaged backgrounds, inspiring girls to stay
and Bates College. Many of the women graduates now serve roles in school, do well and go to college. They serve as role models for
in communities in the U.S. and abroad, including as leaders of women of color who have achieved academic success despite the
nonprofits and professors at universities. odds.
The impetus for my work, said Lewis, is my experience This spring, Lewis brought a group of elementary, middle, and
attending the first school in my village in Trinidad and Tobago. It was high schools students from the Washington, D.C.-area to spend two
there that I was mentored by a young woman teacher when I was days at the University.
By Shireen Lewis 89
will focus on labor and employment. Webster Los Angeles with his wife, Amy, and their Leo Kane works at the Financial Industry
had been with Pillsbury Winthrop Shaw 3-year-old daughter, Paige. He is working Regulatory Authority - Enforcement to
Pittman for 21 years. on a new novel and a childrens book. protect retirement accounts. He lives in
Bethesda, Md., with his wife, Carol, and
Irene Daisy Williams, aka author Treva In September Colleen three daughters, Elise (12), Julia (10), and
Harte, was featured in the style section Marea Quinn moved Lauren (8).
of the Washington Post on June 28. The her adoption,
article traces her journey from U.S. Patent surrogacy, and Willis Lanier has completed a judicial
and Trademark Office attorney to novelist, personal injury law clerkship for the Virginia Court of Appeals,
editor-in-chief, and co-owner of Loose Id, practice to Locke, and has worked in the private sector as a
an e-publishing company that specializes Partin, DeBoer & corporate in-house counsel. He is happily
in romance laced with paranormal events. Quinn. She was married with four children. He enjoys
Williams co-founded the company selected by Virginia Super Lawyers environmental activism and is interested in
in 2004 after a frustrating experience magazine as one of the class of 2009 all that life has to offer.
getting her first digital novel published. leaders in the law. Her practice (including
She streamlines the publishing process the Adoption & Surrogacy Law Center and
and revels in taking on titles that more Womens Injury Law Center) was a finalist 1990 Reunion Year
established publishers would probably for the Altria Rising Star Award in June
turn away. She runs the thriving company 2009 at the Richmond National Mary Bauer was
(more than 1 million books sold, most Association of Women Business Owners recently named the
online) from her home in Falls Church, Va. Enterprising Women of Excellence Awards. legal director for the
Southern Poverty Law
Matt Myers and his wife, Daisy, recently Center in Montgomery,
1988 began their second tour as a diplomatic Ala. She will guide the
family. Matt retired from the U.S. Army course of SPLCs legal
John M. Cooper has JAG Corps in June 2007, served a tour advocacy, including
been appointed as of duty as a diplomat in Ciudad Juarez, litigation in state and federal courts, public
designated legal Mexico, and is now a consular officer at the policy advocacy, and legislative reform.
counsel for the U.S. Embassy in Manila, Republic of the Bauer has directed the Centers Immigrant
Transportation Philippines. Justice Project since it began in 2004,
Communications overseeing lawsuits aimed at protecting the
International Union. rights of migrant workers, immigrants, and
Cooper is in the 1989 foreign guest workers. She has served as
Virginia Beach office of Shapiro, Cooper, legal director for the Virginia Justice Center
Lewis & Appleton, where he focuses his Elissa Cadish was appointed as a district for Farm and Immigrant Workers and for
practice exclusively on personal injury and judge in Las Vegas, Nev., in the summer of the Virginia ACLU and has testified before
wrongful death cases, primarily on behalf 2007. She successfully ran to retain her seat Congress on issues concerning the
of railroad industry employees under the in 2008 and began serving a six-year term exploitation of migrant workers in the U.S.
Federal Employers Liability Act. in January 2009. She now handles civil and
criminal cases of all kinds.
Richard Forsten has joined Saul Ewing 1991
as partner in the firms Wilmington, In November Joan Cohen successfully
Del., office, where he focuses his practice ran for a seat in the Maine House of Matthew Pachman has been named to
in the areas of land use and land use Representatives. In December her husband, the 2009 Attorneys Who Matter list by the
litigation and commercial and real estate Jim, retired after 6 years on the Portland Ethisphere Institute, an international think
transactions and litigation. City Council, including a term as mayor. tank dedicated to creating and sharing best
On winter weekends, Cohen and her practices in business ethics and corporate
Michael Kun is the national chairperson husband ski at Sugarloaf with their two social responsibility. The list recognizes
for Epstein, Becker and Greens wage- sons, Spencer (12) and Devon (8). legal professionals who have advanced the
hour and class action practice. He lives in cause of corporate ethics and compliance
inside and outside their organizations.
Pachman is vice president for ethics of Andrews Kurth, where she focuses on Management. The couple lives in London
and compliance at Freddie Mac in the the areas of antitrust litigation and with their three children, Zoe (8), Liesel
corporations McLean, Va., office. counseling, class actions, and other (6), and Atticus (4).
complex commercial and business
Ken Paxton was re-elected to the Texas litigation matters.
House of Representatives in November 2008 1994
and recently completed his fourth legislative
session. He currently serves on the ways and 1993 Fran Cannon Slaytons recent book, When
means committee and the house land and the Whistle Blows (Philomel Books/Penguin,
resource management committee. Paxton Amy Y. Jenkins has June 2009), has been voted one of the top
also operates a private practice, specializing been named one of the ten recommended childrens books for fall
in estate planning, probate, real estate, and top attorneys in South by independent booksellers. Visit Fran at
general business matters. He and his wife, Carolina by South www.FranCannonSlayton.com.
Angela, and their four children currently Carolina Super Lawyers
reside in McKinney. magazine. She was also Amelia A. Fogleman
selected for inclusion has been included in
in the 2009 and 2010 Best Lawyers in
1992 editions of Best Lawyers in America. America 2010 in the
Jenkins is in the Charleston office of areas of antitrust law,
Patrick Jackman has joined the McAngus Goudelock & Courie, where appellate law, and
international tax practice at Weil Gotshal employment law is the focus of her commercial litigation
& Manges as partner in the New York practice. law. She is a
office. Jackman was previously with shareholder with GableGotwals in the
Merrill Lynch, where he concentrated on Robert J. Schmidt, Jr., has been recognized Tulsa, Okla., office.
improving the tax efficiency of cross- by Chambers USA 2009 as one of Ohios
border operations. leading lawyers in the area of natural Stephanie Shepard Cobb is general
resources and the environment. He counsel of the investment firm, New
Paul G. Lannon, Jr., has been appointed is listed in Best Lawyers in America Amsterdam Capital Management, in
chair of the board of editors of the Boston in environmental law and has been London, where she lives with her husband,
Bar associations publication, the Boston Bar recognized as an Ohio rising star by Ohio Shane 93, and their three children, Zoe
Journal. The quarterly magazine features Super Lawyers. He represents clients in all (8), Liesel (6), and Atticus (4). Shane is
news, analysis, and opinion for lawyers major environmental programs, including general counsel of Circle, a private hospital
in nearly every area of practice. During the Clean Water Act, the Clean Air Act, group in the UK.
his three-year term, Lannon will lead the emergency planning, Superfund sites, solid
board in selecting and editing articles for and hazardous waste, and agricultural Richard L. Winston has been recognized
publication. He is a partner in the litigation issues. Schmidt is in the Columbus office as a leading U.S. international tax lawyer
section of Holland & Knight. of Porter Wright Morris & Arthur. in the 2009 edition of Chambers Global:
The Worlds Leading Lawyers for Business.
Kay Lynn (Vincent) Wendy Silliman is a partner in the real Winston is a partner with K&L Gates in the
Brumbaugh has been estate section of Troutman Sanders in
recognized as one of Atlanta, Ga., where her practice centers
the top 15 business primarily on cellular communications. She
defense lawyers in is married to R. Todd Silliman, who is a
Dallas in The partner in the environmental section of WANTED:
Defenders, a McKenna Long & Aldridge. They have two A few good annual giving
publication of the children. volunteers
Dallas Business Journal. She has also been Join the Law Schools volunteer team.
listed as a leading antitrust lawyer in Texas Shane Shepard Cobb is general counsel of Contact Helen M. Snyder 87
by Chambers USA, Americas Leading Circle, a private hospital group in the U.K. helensnyder@virginia.edu
Lawyers for Business in 200709. Stephanie 94 is general counsel of the 434-924-4668
Brumbaugh is a partner in the Dallas office investment firm New Amsterdam Capital
Miami, Fla., office, where his international Amy Tisinger was recently sworn in as Kathleen Grillo is senior vice president
tax practice focuses mainly on Europe and the newest judge on the 26th General of federal regulatory affairs for Verizon,
Latin America. District Court. She was selected by the becoming the companys main advocate
Virginia General Assembly, becoming on policy issues before the Federal
the first woman to sit on the 26th district Communications Commission. She joined
1995 Reunion Year bench, and will serve a six-year term. Verizon in 2002 as counsel in the legal
She previously served as the Shenandoah departments federal regulatory group and
In March Trey Cox County Assistant Commonwealth Attorney. became vice president of federal regulatory
tried and won a affairs in 2003.
trademark case on Peter S. Vincent has
behalf of Mary Kay. been appointed Gregory L. Maurer recently spoke at the
After a two-week trial, principal legal advisor Indian Institute of Science in Bangalore on
the jury found in his for U.S. Immigration The Global Future of Software Patents.
clients favor on all and Customs He is a partner in the Portland, Ore.,
counts, finding Enforcement (ICE), office of Klarquist Sparkman, where his
trademark infringement and willfulness, U.S. Department of practice focuses on computer-related and
and forfeiting the defendants profits for Homeland Security. In bioinformatics patent applications and
the past three years. this position, he oversees the largest legal business methods and intellectual property
Cox has recently been honored with program in DHS, supervising nearly 1,000 counseling.
an invitation to join the Litigation Counsel attorneys across the country who are
of America, a trial lawyer honorary society responsible for representing ICE in
representing less than one-half of one removal proceedings before immigration
percent of American lawyers. He has also courts and the Board of Immigration
been recognized in Chambers USA 2009 Appeals. He also advises ICEs numerous
as a leading lawyer in general commercial enforcement components on issues
litigation. He is in the Dallas, Tex., office ranging from customs law to Fourth
of Lynn Tillotson Pinker & Cox, where his Amendment search and seizure issues.
practice focuses on business disputes. Vincent previously served as the judicial
attach at the U.S. Embassy in Bogot,
J. Travis Laster has been nominated Colombia.
by Delaware Governor Jack Markell to
serve as Vice Chancellor on Delawares Erik Petersen and his wife, Andrea, welcomed
Court of Chancery. Laster practices in 1996 their daughter, Marley Joan Petersen (9 lbs.,
the Wilmington, Del., office of Abrams 10 oz.), into the world on July 14. Mother and
& Laster, a corporate and business law Cory C. Caouette has been appointed to daughter are doing fine.
boutique firm he co-founded in 2005. the board of governors of the American
Immigration Lawyers Association and Mark H. Vacha recently gave a presentation
Anne H. Littlefield has been selected continues to manage his own Southern entitled The Current U.S. Economy and
for inclusion in Best Lawyers in America California immigration practice. He Its Impact on Local Government at the
2010 in the area of education law. She is a was instrumental in founding By Sea Government Finance Officers Association
partner and current chair of the labor and Immigration Services in 2002, and has of Pennsylvanias east regional chapter
employment department in the Hartford represented clients from more than 40 meeting in Villanova. In July he presented
office of Shipman & Goodwin. countries in immigration matters. His a talk entitled Bedrock Tools - Bonds
clients include sole proprietors, athletes, and the Basics at a seminar in Allentown
Shannon Nash and her husband were entertainers, business investors, Fortune organized by the Pennsylvania State
featured in a Black Enterprise magazine 500 companies, and corporate executives. Association of Township Supervisors and
article on their familys approach to Catherine 04 has returned to the the Council of Development Finance
financial matters. employment and labor division of Paul, Agencies on the fundamentals of economic
Hastings, Janofsky & Walker in San Diego development. Vacha is a partner in the
following maternity leave after the birth of public finance group of Dilworth Paxson
their son, Kieran. in Philadelphia.
1997 Jennifer Morgan DelMonico was recently is of counsel with Troutman Sanders in
elected as the secretary and general Richmond, Va., where her practice focuses
counsel of the Greater New Haven (Conn.) on pharmaceutical and medical device
Chamber of Commerce. She has served products liability litigation. Melissa is
on the Chambers board of directors since currently the chair of the Defense Research
2005. She is a partner at Murtha Cullina in Institutes Young Lawyers Committee,
New Haven. which has over 4,000 members nationwide.
by D magazine. She was also recently anniversary of Jonathans litigation and Stanley Panikowski was selected by San
recognized as a leading franchise lawyer in general practice firm, Day PLLC (www. Diego Metropolitan magazine as one of
the sixth annual Legal Eagle poll conducted daypllc.com). its 40 Under 40 honorees for 2009,
by Franchise Times. She is a partner with recognizing him as one of the brightest
Strasburger and Price in the firms Dallas Darren Dragovich and Parker Whitfield and most enterprising young people in San
office, where she leads the franchise and Dragovich welcomed their first son, Diego County. Panikowski is a partner
distribution group. Josiah Charles, in November, joining his in the San Diego office of DLA Piper,
two big sisters, Reese and Sydney. Darren where his practice focuses on intellectual
Jeff Kreislers first book, the satire Get Rich serves as counsel at Western Union and property, antitrust, and other areas of
Cheating, was published by Harper Collins Parker practices at Holland & Hart in business litigation.
in June. He misses his Law School friends Englewood, Colo.
and lives in New York City. (See In Print)
In November 2008 Kathleen Evey Walters
was asked by the Department of the Treasury
1999 to assist in developing a compliance
program for the Troubled Asset Relief
Carlos Brown and his wife, Tamara, Program. After completing her temporary
welcomed a new daughter, Chelsea Joanne, assignment at Treasury in April, she
in September 2008. Carlos recently ran for returned to the IRS, where she serves as
a seat in the Virginia House of Delegates. the director of privacy and information
protection. In March she was selected to be
In March Jody Calemine was named a member of the Senior Executive Service, Sali and Michael Rakower are happy to
general counsel, handling labor issues for becoming one of the youngest career announce the birth of their daughter,
the U.S. House Committee on Education executives in the federal government. She Rebecca Brooke Rakower, on August 11.
and Labor. He previously served as the lives in Northern Virginia with her two
Committees Deputy Director for Labor Cavalier King Charles Spaniels, Katie and Kelly Riordan Horwitz was elected to the
Policy. He and his wife, Daria, welcomed Charlie. Tuscaloosa, Ala., Board of Education for
their first child, Annabella, in March 2007. a four-year term beginning in November.
The American Constitution Society Kelly recently was admitted to the Alabama
Stephanie Chandler for Law and Policy has given the first Bar and continues to work part-time,
has been named a 2009 David Carliner Public Interest Award to telecommuting as an appellate litigator for
rising star in Texas Tim Freilich, the legal director of the Benedon and Serlin of Woodland Hills,
Monthly magazine. She Charlottesville-based Immigrant Advocacy Calif. She and her husband, Paul, had a
is a partner in the Program (IAP). The award honors mid- son, Isaac, on November 28, 2008. He was
intellectual property, career public interest lawyers who do welcomed by his older sister, Samantha.
energy, finance, advocacy work for marginalized people.
corporate and During Freilichs time with the IAP, he has Riley H. Ross III was elected to the
securities, telecommuni-cations, life served as co-counsel on a class action suit board of directors of the newly formed
sciences and medical technology, on behalf of Hispanic workers brought Pennsylvania Innocence Project (PIP),
internet/e-commerce, and technology to America to plant trees under the H-2B an organization dedicated to exonerating
practice areas in the San Antonio office of work visa program, and helped promote persons imprisoned in Pennsylvania
Jackson Walker. immigrant-friendly policies. for crimes they did not commit. This is
the first innocence project launched in
Jonathan Day and Kate Henderson Thomas Funke LL.M. is a partner in the Pennsylvania. Since the first innocence
Day 97 welcomed their second child, Cologne, Germany office of Osborne project was founded in New York in 1992,
Charles Clark Day, in January. Charlie Clarke, where he is head of the department more than 400 individuals serving long
joined his big sister, Molly (3), for fun and for antitrust & EU law. Thomas, his wife, prison sentences have been exonerated
games in Houston, where the Days live and Alexa, and their son, Jonathan, live in based on DNA analysis. In many of these
work. Kate is a finance partner at Bracewell Cologne. cases, the exoneration led to the capture of
& Giuliani, and July marked the two-year the actual perpetrator. The PIP will operate
A few years ago, Sali A. Rakower 99 co-judged a moot court Centers grand opening. Military and judicial experts, economists,
competition at the Law School with Brig. Gen. Patrick Finnegan 79, and world leaders addressed a range of issues, including national
the dean of the academic board at West Point. For Rakower, this first security, international relations, and criminal justice. U.S. Attorney
connection to West Point was an auspicious one. While practicing General Eric Holder, President Mary Robinson of Ireland, former U.S.
at White & Case and lecturing at West Point, Rakower was asked Navy General Counsel Alberto Mora, and Her Majesty Queen Noor
to become the director of the schools new Center for the Rule of of Jordan were among the keynote speakers.
Law. She did not hesitate. I jumped at the chance to be part of Queen Noor described the importance of the rule of law
this historic Center whose mission is so much in line with my own in securing international peace, and told how her own life has
passions, she says. been a journey that bridges two worlds. Her story has personal
meaning for Rakower, who was born
in the Middle East then raised and
educated in the United States. She says
she knows what it means to traverse
sometimes conflicting cultures and
worldviews and learn to harmonize
the best from both worlds.
Its a profound honor for me to
be the Centers first director, says
Rakower, whose background as an
Iraqi-American and opportunities
for world travel have given her an
invaluable perspective on how the
rule of law can impact domestic and
international affairs. In 2002 she served
in the prosecutors office of the U.N.
International Criminal Tribunal for
Sali Rakower 99 and Her Majesty Queen Noor of Jordan at West Point before the Queens address on the Rwanda in Tanzania, where she assisted
importance of the rule of law in securing international peace.
in prosecuting Rwandan military leaders
for acts of genocide committed in 1994.
The West Point Center for the Rule of Law, the first of its kind As director, Rakower would like to see the Center have a strong
in U.S. history, was established in 2008 to promote international influence in shaping U.S. domestic and foreign policy and continue
justice, human rights, and respect for the rule of law in times of war to provide a wealth of learning opportunities for West Point cadets.
and peace. Its location at an institution renowned for academics As her first year comes to a close, she has been asked to continue in
and military leadership sends a signal that the United States takes a her role as Director an extension she would be happy to accept if
major role in establishing respect for the rule of law everywhere. the funding for her position is secured.
Issues involving the rule of law U.S. policy on torture, debate While at the Center, Rakower is on sabbatical from White &
about what exactly defines torture, and the decision to close the Case, where her practice focuses on complex litigation involving
detention facility at Guantanamo Bay, to name just a few are international law.
among the most hotly debated topics of our time. A significant
component of the Centers mission is to educate military and non-
military leaders in principles of the rule of law as they apply to the
military justice system and civil-military relations.
In April Rakower facilitated a conference to celebrate the
out of Temple Universitys Beasley School and a honeymoon in Greece and Turkey, David Stuckey has recently been made a
of Law. Ross is in the Philadelphia office of the newlyweds held a U.S. reception on senior consultant for expatriate placement
Drinker Biddle & Reath. May 30 in Dallas, where they reside. at Hudson Legal in emerging Europe,
Attending the Dallas reception were Toni with regional responsibility across Central
Anthony M. Russell has been selected for Thomas Bacon, Steven Geiszler 01, and Eastern Europe. He has been asked to
inclusion in Virginia Super Lawyers and Cortland Kelly Grynwald 99, Jason spearhead the companys expansion into
was named a rising star by Law & Politics Metcalf, Michael Moore, Karen Randolph Latin America.
magazine in the areas of personal injury Rogers 99, and Kathleen Evey Walters 99.
and medical malpractice. He is a partner
with Gentry Locke Rakes & Moore in the Ryan Clinton has been named a rising star 2002
Roanoke office. for 2009 in Texas Monthly magazine. He is
in the Dallas office of Hankinson Levinger. Daniel Brozost has
Johanna W. Schneider has been accredited been named partner at
by the U.S. Green Building Council as David F. Gieg moved from Atlanta, Ga., Raines Law Group in
a LEED (Leadership in Energy and to Charleston, S.C., in May 2008. He is the firms Beverly Hills,
Environmental Design) Green Associate. at Parker Poe Adams & Bernstein in the Calif., office, where he
She is one of the first attorneys in the U.S. business law group with a focus on resort, focuses his practice on
to earn this designation, which required hospitality, and planned developments. He has commercial real estate,
her to demonstrate thorough knowledge two daughters, Kate (4) and Lindsey (2). finance and corporate
of green building design, construction, matters.
and operations, and an understanding of Robert D. Probasco has been named
the complex LEED certification system. a rising star for 2009 by Texas Monthly Earlier this year, Padraic Fennelly left
Schneider is a partner in the Boston, Mass., magazine. He is a partner in the Dallas his position as a litigation partner in the
office of Choate, Hall & Stewart. office of Thompson & Knight, where he Washington, D.C., office of Kirkland &
focuses his practice on IRS audits and Ellis to accept a position as counsel for
appeals and tax litigation. global law affairs at the Boeing Company.
2000 Reunion Year Padraic and his wife, Robin, live in
Arlington, Va., with their two children,
Amy Ashton Shaw is an associate in the 2001 Caitlin (10) and Ryan (8).
Cincinnati, Ohio, office of Griffin Fletcher
& Herndon, a real estate boutique firm. David Bell and his wife, Elizabeth, are Adam Green recently co-founded the
Her practice focuses on commercial real pleased to announce the birth of their son, Progressive Change Campaign Committee
estate, construction, development, and Andrew Joseph (AJ) Bell on February 14. (see Boldprogressives.org) to help
business entity formation. Two-year-old Charlotte is excited to be a progressive Congressional candidates run
big sister. David was recently promoted effective campaigns and win. The PCCC
to counsel at Crowell & Moring in has been featured in the New York Times,
Washington, D.C., where hes a litigator in Politico, MSNBC, ABC, and the Huffington
the international dispute resolution and Post. The organization has been praised by
E-discovery & information management elected members of Congress, including
groups. Charlottesvilles U.S. Representative, Tom
Perriello.
Stephanie Golden and Eric Menell proudly
welcomed a son, Jake Golden Menell, in Eric Magnell and his wife, Stephanie
July of 2008. 03, welcomed Clara Christina Nicole
Erica Bachmann and Andrew Cerminara (5lbs., 13oz.) and Elise Sophia Theresa
were married on April 18 in Pizzo Calabro Andrew H. Lippstone has joined Saul (6lbs., 7oz.) on February 15. All are doing
(VV), Italy. In attendance at the wedding Ewing in the firms Wilmington, Del., fine and are looking forward to more
were matron of honor Elizabeth Kinsaul office, where he focuses on land use sleep in the coming months.
Dugas 01, Jason Dugas 01, Ryan Farney, and real estate, as well as transactional
Steven Geiszler 01, and Kathleen Evey work and litigation relating to Delaware
Walters 99. After their Italian wedding corporate law.
Najwa Nabti Russo sends news that Paulus working as a partner at TMI Associates, Geoff Grindeland has been named a rising
Russo was born August 13, weighing in specializing in asset finance, project star by Law & Politics magazine for 2009.
at 3.2 kilograms. Baby, mom, and dad are finance, financial regulations, corporate He is in the Seattle office of Mills Meyers
doing well and thank everyone for all their finance, and international business. Swartling, where he focuses his practice
good wishes and prayers. on civil litigation, including civil rights,
Karin Ottens Prangley recently joined the insurance coverage, business disputes, and
Michael L. Whitlock just celebrated his law firm of Krasnow Saunders Cornblath in aviation law.
first wedding anniversary to Monica Chicago. Her practice continues to focus on
V.M. Arc-Whitlock. Michael, a federal wills, trusts, and estates. John Newby and his wife, Reba, welcomed
prosecutor with the United States Jillian Grace Newby into the world on
Department of Justice, and Monica live in On April 5 Stacey Rose Harris and February 9. Jillian weighed 7 lbs., 9 oz., and
Arlington, Va. Daniel Harris were married at the Sixth measured 19.5 inches.
and I Historic Synagogue in Washington, John is an associate at Arnold & Porter
D.C. Stacey practices commercial and in Washington, D.C.
2003 civil litigation at DiMuroGinsberg
in Alexandria, Va. Daniel is a family John A. Sensing has joined Potter Anderson
In December Melissa B. Arbus will receive physician, and completed his residency & Corroon as an associate. He is in the
a 2009 Women to Watch award from at Georgetown University in June. Lori litigation group in the firms Wilmington,
Jewish Women International, a leading Hildebrand, Rebecca Brown, Alison Del., office, where he focuses his practice on
organization committed to empowering Keith, Whitney Smith Pellegrino, corporate and commercial litigation. He was
women and encouraging leadership. She Alexander Tuneski, and Heather Faltin 04 previously an associate at Morris, Nichols,
currently serves as an assistant to the attended the festivities. Arsht & Tunnell.
Solicitor General representing the United
States before the Supreme Court. She Craig D. Story has joined the J.P. Morgan Sean S. Suder was
previously worked at Latham & Watkins in Private Bank in New York. He advises recently certified as a
the firms Washington, D.C., office, as an attorneys on managing their assets, with LEED (Leadership in
associate in the appellate practice group. emphasis on investments, capital needs, Energy and
and trusts and estates. Previously, Craig Environmental Design)
Andy Beshear and his wife, Britainy, was an investment banker in the M&A accredited professional
welcomed their first child, William Bradley group at Citigroup in New York. He also in new construction by
Beshear, who was born on June 15. William practiced law in the New York and London the Green Building
(7 lbs, 1 oz.) is quite healthy. Thus far, offices of Skadden, Arps, Slate, Meagher Certification Institute. Certification enables
William enjoys eating, eating, and eating, & Flom. him to advise real estate clients on the
and has quickly and effectively altered his regulations and requirements involved in
parents daytime and nighttime schedules. green building, helping them to navigate the
Andy is currently practicing at Stites & 2004 complex LEED certification process. He is
Harbison in Louisville, Ky. an attorney in the real estate group in the
Catherine Caouette has returned to the Cincinnati, Ohio, office of Keating
Stephanie Magnell and her husband, employment and labor division of Paul, Muething & Klekamp, where he is a
Eric 02, welcomed Clara Christina Nicole Hastings, Janofsky & Walker in San Diego founding member of the firms Green Team.
(5lbs., 13oz.) and Elise Sophia Theresa following maternity leave after the birth of
(6lbs., 7oz.) on February 15. All are doing son, Kieran. Jeremy Sylestine was married on February
fine and are looking forward to more 23, 2008, to Molly Ann Jorgensen in
sleep in the coming months. Justin Dobbie and his wife, Mary Chris Austin, Tex. Alba-Justina Secrist and
Dobbie, welcomed their son, Jack, on Steven Gieseler were both in attendance.
Yoshikazu Noma LL.M. and Ritsuko August 24, 2008. Justin is an attorney in Jeremy has been with the Travis County
Noma LL.M. 06, welcomed their first the Division of Corporation Finance of the District Attorneys office for over two years,
son, Keitarou, on June 2. They thank their Securities and Exchange Commission, and and is currently assigned to the family
LL.M. 03 and 06 friends for the warm Mary Chris is an Assistant U.S. Attorney in justice division, which handles prosecution
congratulations and lovely baby gifts. The the District of Columbia. of felony-level child abuse and domestic
family lives in Tokyo, where Yoshikazu is violence cases.
ALUMNI EVENTS
D.C. Luncheon
More than 100 alumni attended the annual D.C. Luncheon at
the Mayflower Hotel on June 24. As alumni enjoyed a light
lunch, Dean Mahoney introduced Professor John Harrison who
shared an outsiders inside view of the U.S. Department of State,
where he spent 2008 as a counselor on international law in the
Office of the Legal Adviser.
Richmond Reception
The annual Richmond Reception took place on June 11 at the
Jefferson Hotel. Alumni sampled hors doeuvres while catching
up with Law School friends. Dean Paul Mahoney addressed the
crowd of 40 regarding the current
news of the Law School and
answered questions.
Kathryn Walter recently joined Goldberg group, where she focuses her practice on Tiffany Marshall Graves will serve as
Kohn in the litigation, intellectual property, providing regulatory and legal compliance president of the Mississippi Women
and labor & employment practice groups assistance to financial institutions. Lawyers Association (MWLA) for 2009-
in the Chicago office, where she focuses 10. MWLA is a statewide organization
primarily on general commercial contract Last year Kristin Johnson Aldred married founded to enhance the image of lawyers
and tort litigation. She served as clerk Booth Aldred, a medical student from in Mississippi, promote fellowship among
to Judge Humphrey Lefkow of the U.S. her hometown of Dallas, Tex. They live in the members of the legal community, and
District Court for the Northern District of Houston, where Kristin is a trial associate advance women in the legal profession.
Illinois and to Judge Richard D. Cudahy of at Baker Botts. She was recently named a In addition to her leadership position
the U.S. Court of Appeals for the Seventh rising star by Texas Monthly magazine. with MWLA, Graves will also serve on the
Circuit. executive committee of the Jackson Young
Lawyers Association, an organization that
Dara Zelnick Kesselheim and her husband, 2006 strives to strengthen the bonds between
Dr. Jared Adam Kesselheim, were overjoyed attorneys in the Jackson metropolitan area
to welcome their first child into the world On August 26 Jessica Blaemire and her by emphasizing community, education,
on July 22. Zachary Morton was born husband, Peter Thaxter, had their first and service. Graves is in the Jackson office
at 9:52 p.m., weighing 9 lbs., 7 oz. and baby, Brynna Campbell Thaxter. She was of Watson & Eager, where she practices in
measuring 20.5 inches. The whole family is 7lbs, 13oz., and the whole family is doing the areas of labor and employment and
doing great, writes Dara. She is an associate well. We are still in Chicago, Jessica notes, tort and general litigation.
in the Boston, Mass., office of Choate Hall and are loving it.
& Stewart, where she focuses her practice Ritsuko Noma LL.M.
in the area of government enforcement and On May 9, 2009, Diego Blanco Carrillo and Yoshikazu Noma
compliance. LL.M. married Alejandra Bartlett, and LL.M. 03 welcomed
they are now happily living in Mexico City. their first son,
Diego joined Ritch Mueller, S.C., last year as Keitarou, on June 2.
2005 Reunion Year an associate and has been participating in They thank their
M&A and restructuring deals. LL.M. 03 and 06
Andrew Crapol passed away on March friends for the warm
13 from cancer. He was an associate for Soohye Cho LL.M. started her career as congratulations and lovely baby gifts. The
Debevoise & Plimpton, first in Washington, a researcher at the Korean Constitutional family lives in Tokyo, where Yoshikazu is
D.C., and more recently in New York City, Court on July 16, after the completion of working as a partner at TMI Associates,
where he resided. Andys family includes her J.S.D. degree at University of Illinois specializing in asset finance, project
his wife, Allison Simmons Crapol, parents in May. finance, financial regulations, corporate
Edward Crapol and Jeanne Zeidler, sister finance, and international business.
Heidi Crapol and brother-in-law Milam
Walters, sister Jennifer Sedbrook and Patricio Pablo Pantin LL.M. has joined
brother-in-law John Sedbrook, brother Fortunati & Associates law firm in Buenos
Paul Crapol, and sister-in-law Kimberly Aires. His practice focuses on debt
Simmons. restructuring and complex litigation.
In recognition of the many friendships
Andy made as a member of the soccer Juan Pinzon LL.M. is the attorney in
community and his love of the beautiful charge of securities and derivatives
game, a scholarship has been established for Citigroup in Colombia. He is also
in his name at the College of William & Xun (Sean) Liu LL.M. and Dan Jin were due to finish an MBA at INALDE, the
Mary Foundation. (www.AndyCrapol.com) married on May 17 in Beijing, China. Xun Management and Business School of
is a senior associate in the Beijing office of Universidad de la Sabana in Colombia in
Meredith Crowell is an associate attorney Fangda Partners, a leading Chinese law June 2010.
in the Tallahassee, Fla., office of Williams, firm. He is also the marketing director of
Gautier, Gwynn, DeLoach & Sorenson. the firm. Xuns wife, Dan, is a TV producer On May 24, Tom Reece married Jessica
She is in the firms corporate compliance in Beijing. The couple first met not long Chilson 08 at Grace Episcopal Church
after Xun returned to Beijing from UVA. in Charlottesville. Jonathan Light, Will
When the credit crisis hit Wall Street last year, financing for big and graduate when he expanded his staff this fall. Sean Conway 09
small energy projects alike hit major roadblocks. Yuri Horwitz 06 began working with Sol Systems this summer while he waits to start
had firsthand experience with these problems as a renewable energy as an associate with Akin Gump Hauer Strauss and Feld LLP next year.
lawyer, and he was determined to help solar energy overcome this Like many members of the Class of 2009 I had my start date
financial hurdle. deferred due to the slow economy, says Conway, who was a
Horwitz is the co-founder, President, and CEO of Sol Systems, a teammate of Horwitzs on the mens track team at the College of
Washington, D.C. based solar energy financing and development William & Mary where both earned their undergraduate degree.
company. The mission of Sol Systems is to serve as a bridge I looked at my deferment as an opportunity to gain practical
between the renewable energy and traditional energy sectors with business experience with an environmental company, and my work
the end goal of making solar energy more affordable, says Horwitz. with Sol Systems has exceeded my expectations.
Horwitz founded Sol Systems with George Ashton, who serves Conway credits the socially conscious legal work in a business
as Vice President and CFO of the company. The financing solutions setting as a top reason for his happiness at Sol Systems.
we offer our customers have a substantial impact on their decision
to purchase solar energy explains Ashton.
Sol Systems helps customers finance the purchase solar
generation systems, in part, through the monetization of solar
renewable energy credits. Solar renewable energy credits are
tradable commodities that represent the green attributes associated
with solar energy production. Many states now require electricity
retailers to include a certain percentage of solar generated power
within their overall electricity portfolio or pay a hefty fine.
Sol Systems has partnered with solar panel installers to buy solar
credits directly from homeowners and small businesses, allowing the
company to provide electricity retailers with a large-scale solar credit Sean Conway 09, left, and Yuri Horwitz 06
supplier they can trust.
What makes this so exciting is that Sol Systems is helping to
make solar energy affordable for people all over the country who In my first week at the company I was drafting comments for a
only two years ago could not take advantage of this subsidy, says state rulemaking proceeding one day and speaking with solar panel
Horwitz. installers about problems on the ground the next, says Conway. It is
When Horwitz founded Sol Systems in 2008, the company an interesting mix of responsibilities that I do not think I could have
was virtually alone in the industry, effectively creating the solar found anywhere else.
credit markets in states such as Indiana, Ohio, and Virginia. While It does not appear that the work will slow for Sol Systems, either.
competitors have materialized over the past year, Sol Systems The company currently operates in nine states, including Delaware,
remains the largest solar credit aggregator, an important position in Indiana, Maryland, New Jersey, North Carolina, Ohio, Pennsylvania,
a market that is estimated to grow to $1.4 billion in the next 10 years. Virginia, and Washington, D.C., and Horwitz plans to expand to a
With sales reaching over $5 million in a little over a year, Horwitz number of other states in the upcoming months. In addition, Sol
recently left his job in the renewable energy practice at the law firm Systems recently began to expand its financing options available
of Alston and Bird, LLP in Washington, D.C. to focus his attention on to potential solar customers, enabling more customers to take
Sol Systems expansion. Leaving the traditional practice of law does advantage of solar energy while diversifying the companys business
not mean Horwitz no longer considers himself a lawyer, however. portfolio.
Whether it involves drafting a contract with an installer or Our end goal is to get as many systems in the ground and
interpreting a new state regulation, I could not have started this running as possible, says Horwitz.
company without my legal education, says Horwitz. With a pair of Virginia Law educated lawyers working to make
It was for this reason that Horwitz looked to a Law School this happen, the future is looking bright for the solar energy.
Igoe, Michael Bailey, Steve OConnor, Casa Grande, for which he worked on were 06 classmates Chris Kavanaugh,
Nick Margida, and Will Mason served as immigration issues and human rights Jasmine Yoon, Mike Buchwald, Dan
groomsmen. Also in attendance were: Chris awareness education. In October he Reing, JoAnn Koob, Steph Johnson,
Kavanaugh, Jasmine Yoon, Mike Buchwald, will begin a six-month internship at the Gabe Meyer, Brooke Nelson Bailey, and
Dan Reing, JoAnn Koob, Steph Johnson, European Commission Privacy and Data Molly Crall Light; as well as Seth and Lisa
Gabe Meyer, Brooke Nelson Bailey, and Protection subunit in Brussels. (Perrygo) Ragosta, John Myers, Justin
Molly Crall Light; Seth and Lisa (Perrygo) Lowery, Jesse Crew, Laura Fairneny, and
Ragosta 08, John Myers 08, Justin Lowery Lauren Rogoff; Sarah Copeland 09 and
08, Jesse Crew 08, Laura Fairneny 08, and 2007 Michelle Bryant 09.
Lauren Rogoff 08; Sarah Copeland 09 and
Michelle Bryant 09. Melany Grout is director of the Conflict
Risk Network, a program that is part
Lars Rueve LL.M. received the Dr. iur. of the Genocide Intervention Network,
degree from the University of Munich, headquartered in Washington, D.C. She
Germany, for his dissertation on conflict oversees a network of financial service
of laws and employees inventions. Virginia providers and institutional investors
Law Professor Emeritus Graham Lilly that have come together to work toward
supervised his research paper on a related responsible foreign investment in areas
subject in 2006. Lars is now a third-year affected by genocide and mass atrocities. Lauren King finished second in figure and
associate with Sullivan & Cromwell in the third in fitness at her first figure/fitness
firms Frankfurt office. competition, the 2009 National Physique
2008 Committee Washington State Championships
Ignacio Salvarredi LL.M. has joined Philip on July 18. She qualified in both categories
Morris International as counsel in its Ericka Alonso married Kevin Clouther for the national bodybuilding, figure, and
South America subsidiary based in Buenos in June in Harwich Port, Mass. Kevin bikini championships to be held in
Aires, Argentina. His practice focuses on teaches writing at Stony Brook University. Hollywood/Ft. Lauderdale, Fla. in
contracts, finance and corporate law. Matthew Brady officiated the ceremony, November. She is an associate in the
and Briggs Wright, Sarah Hughes, and Seattle, Ore., office of K & L Gates.
John Sherman married Mary Hobson Brian Leung were members of the
Williams on April 18 in Richmond, Va. wedding party.
2009
Olivier Winants LL.M. has moved from On May 24 Jessica Chilson married Tom
Spain back to Belgium, after living a Reece 06 at Grace Episcopal Church in Matthew D. Stachel has joined Potter
year and a half in Valencia. There he Charlottesville. Classmates Jonathan Light, Anderson & Corroon in the firms
taught languages and did volunteer work Will Igoe, Michael Bailey, Steve OConnor, Wilmington, Del., office.
for the Campaign Section of Amnista Nick Margida, and Will Mason served
Internacional Valencia and the NGO La as groomsmen. Also in attendance
leaders in favor of stricter gun controls are Get Rich Cheating: The Crooked Path Punishing Corporate Crime:
reluctant to speak out against the NRA for to Easy Street Legal Penalties for Criminal and
fear of the political consequences, while the Jeff Kreisler 98 Regulatory Violations
alliance between the Republican Party and Harper James T. OReilly 74
the NRA strengthens and continues to be a In a world where so many Oxford University Press
force to be reckoned with. people seem to bend the rules from James T. OReilly and four colleagues
In his book, Dennis A. Henigan exposes Congressmen to baseball players to slick at Baker & Daniels have written a timely
the pro-gun slogans as wrong-headed financiers whats holding the rest of book about corporate
marketing ploys and helps raise the debate us back? Jeff Kreislers first book, Get crime. As scrutiny of
to a higher plain. Dennis Henigan has Rich Cheating, is a humorous, tongue-in- corporate business
long been one of the nations leading cheek guide to getting what isnt ours (but deals increases in
thinkers on the gun violence issue, says sometimes seems as if it ought to be). He the post-Enron
Sarah Brady, honorary chair of the Brady dedicates his book, To money, the root of era, so do novel
Campaign to Prevent Gun Violence, the all good, and throughout he gently pokes remedies to address
sister organization of the Brady Center. In and prods readers to stop daydreaming the problem. The
Lethal Logic, he has given us a clear roadmap about a life of luxury and go out and grab authors summarize
toward destruction of the any gun, any time, it to boldly go where upright, ethical the historical background of corporate
any place arguments of the gun lobby. people would never dare. punishment, which has traditionally played
Henigan is vice president for law Kreislers thoroughly researched out in fines, or in more extreme cases,
and policy at the Brady Center to Prevent guide presents the stories of famous and sanctions that terminate the business.
Gun Violence, a national non-profit not-so-famous Punishing Corporate Crime also analyzes
organization that works to reduce gun cheaters and what we the latest remedies used by the United
violence in America through education, can learn from them. States Government, including restitution,
research, and legal advocacy. He is the He has the answer for receivership and monitoring, deferred
founder of the centers Legal Action Project, anyone nave enough prosecutions, integrity agreements, and
which represents gun violence victims in to ask, Why cheat? disbarment from regulated fields.
lawsuits against gun manufacturers and And
A he follows up Punishing Corporate Crime analyzes
sellers. He has been a leading advocate with lots of tips on preventative programs and offers advice on
for stronger gun laws for 20 years, how to exploit some ways to address the changing punishments
appearing on national TV shows including of the people all of the time. Kreisler that challenge modern corporations.
60 Minutes, The Today Show, Nightline, put his J.D. to use in writing the handy OReilly serves as counsel at Baker
Larry King Live, and Dateline NBC. section on what to do if youre unfortunate & Daniels of Indianapolis, as well as a
Henigan has written and spoken enough to get caught. part-time professor at the University
extensively on liability and constitutional A brilliant and brilliantly sustained of Cincinnati College of Law. He is an
issues relating to gun laws and violence satirical broadside, writes Tony Hendra international lecturer on environmental law
committed with guns and has testified of National Lampoon. On just about and author of more than 40 textbooks. He
before Congressional committees on gun every page youll find a pithy, pointed barb provides safety and environmental health
issues. Under his direction, the Brady worthy of the late great George Carlin. Get consulting to a wide variety of clients, and
Centers Legal Action Project has recovered Rich Cheating is a Boston Globe bestseller. currently chairs the FDA Committee of the
millions of dollars in damages for victims of It has been noted in The New York Post, Fox American Bar Association.
gun violence. Henigan coauthored another News, and on a number of popular comedy
book on the issue of gun control, Guns blogs.
and the Constitution: The Myth of Second Kreisler has written for Comedy Anatomy of an Execution:
Amendment Protection for Firearms in Centrals Indecision 2008, the Huffington Post, The Life and Death of Douglas
America in 1995. Shoot The Messenger, and the Independent Christopher Thomas
Film Channel. He wrote a humorous business Todd C. Peppers 94 and
column for Jim Cramers TheStreet.com Laura Trevvett Anderson
and hes won the Bill Hicks Spirit Award Northeastern University Press
for thought-provoking comedy. Kreisler University Press of New England
performs internationally and resides in At the age of 17, Chris Thomas
New York City. committed a brutal double homicide of his
girlfriends parents. The facts of the case, Fiction mother to live with her father in Athena,
and his guilt, are undisputed. In 2000 he South Carolina. An African American
was executed by the Commonwealth of servant named Calvin Lemoyne ends up
Virginia by lethal injection, one of the last True Blue taking care of Billy that summer of 1940,
juvenile offenders put to death before the David Baldacci 86 in the Depression-wracked South. Their
Supreme Court ruled that execution of such Grand Central Publishing relationship unfolds in the unforgettable
young offenders was cruel and unusual Mason Mace Perry was a respected months that lie ahead,
punishment. police officer in the nations capital until a troubled time of war
Co-authors Todd C. Peppers and she was framed for a crime. She spent two and segregation.
Laura Trevvett Anderson, Chris Thomass years in prison, stripped of her freedom Calvin is a
high school teacher, trace the complete and her career. When she walked out she brilliantly told tale ,
story from a desolate childhood, a set her sights on one goal reclaiming her writes one reviewer,
twisted first romance that led to the crime, badge and her reputation. There was only that illustrates the
the trial, the time in jail, and death row. one way to prove that she had the right to darkness, mysteries,
Peppers examines the pros and cons of wear her uniform again; she would have to and occasional joys
the court-appointed counsel and takes a solve a challenging case on her own. She of life as they all occur: with complexity,
careful look at the execution of juvenile works undercover and theres someone natural suspense, and ultimate if bittersweet
offenders in terms of public policy and shadowing her a clarity. Littlejohn, who was born in
constitutional law. He describes conditions U.S. attorney who the South and grew up there, describes
on death row and how a spiritual advisor wants nothing more everyday scenes in spare, vivid prose:
can give a condemned criminal a chance at than to send her back
redemption in his final days. Is a murders behind bars. He splashed cold water on his face
life worth nothing Despite the fact for a few seconds. Then he picked
more than its most that her sister is the up a white bar of Ivory soap and
violent act? Readers police chief, Mace is vigorously scrubbed his head and
of Anatomy of an on her own until neck working hard to raise suds
Execution will find she meets a lawyer named Roy Kingman in the cold water. Every now and
themselves looking who worked with poor people before he then he blew through the growing
more deeply into that landed a job at a D.C. law firm. Together suds like a breaching whale.
question. they investigate the mysterious death of a With the suds thick and white,
Anatomy of an female partner at his firm. With every twist shrouding his blackness, he rinsed.
Execution combines excellent scholarship and turn they unravel dark secrets from Splashing about he ducked his
and legal analysis with a compelling both the private and public realm. head under the faucet. He made
and tragic life story, says Victor Streib, Baldacci has written 17 best-selling loud noises, puffing and snorting
professor of law and former dean, Ohio novels on themes ranging from more than needed to keep the soap
Northern University of Law. As such, international intrigue to coming of age out of nose and mouth.
it is accessible to lay readers and true in the rural South. With his wife, Michelle,
crime buffs, as well as instructive to he is co-founder of the Wish You Well Calvin captures a sense of place and
criminologists and lawyers. Very few if any Foundation, which works to promote reveals how war changed everything in
books of this genre are its match. literacy. this small Southern town. Through it all,
Peppers is associate professor in the Calvin, the central figure and the man of
Department of Public Affairs at Roanoke few words, emerges as an unforgettable
College in Salem, Virginia, and lectures Calvin character.
in law at Washington and Lee University William L. Littlejohn 55 After serving in the U.S. Marine Corps,
School of Law. His first book was Courtiers Washington Writers Publishing House Littlejohn practiced law for 30 years in
of the Marble Palace: The Rise and Influence William Littlejohn won the 2009 Chicago. He took a sabbatical year to try
of the Supreme Court Law Clerk. Washington Writers Publishing House his hand at writing and enjoyed it so much
fiction writing contest with his first novel, he decided to leave his law practice to write
Calvin. As the novel unfolds, 10-year- full-time. He lives with his wife, Marcia, in
old Billy Smithson is abducted from his Washington, D.C.
fathers home and taken by his unstable
IN AUGUST I was in Charlottesville for on-campus lawyers, past and present, that we are part of something
recruiting. Boy, what a difference a year makes. grand and special. In fact, I was impressed two weeks ago, as
Last year, the talk among the Big Law firms, of which always, by the quietly confident but self-assured law students
Im a member, was how to get to $1 million in profits per at UVA.
partner unless your firm was already at $1 million in So, what is the good news? Is UVA special because of the
profits per partner, in which case the focus was how to get beauty of Charlottesville, the sanctity of the Grounds, and
to $1.25 million. Another hot topic before The Fall was the enduring legacy of Thomas Jefferson? Yes and no. Yes,
whether less profitable practice groups, such as labor and Charlottesville, the Grounds, and Thomas Jefferson make
employment or mass tort litigation, should be eliminated. UVA special. But no, as important as they are, they do not
Fast forward to 2009, and the talk in Big Law has help prepare UVA lawyers for the throes of modern legal
changed, and changed dramatically no more $1 million practice.
profit goals. Rather, articles and blogs chronicle layoffs and
reductions (performance-based only, of course). Labor and
employment and mass tort litigation are now growth areas
in this abysmal market. Firms are embracing them like long
lost Prodigal Sons.
Nevertheless, there are three keys to the UVA Law teamwork and a lesson that life is not fair. As UVA Lawyers,
experience that help equip the current students, and those we know that, as in softball, we must practice to get better,
of us not so current, to survive these dark days in the legal learn from our mistakes, and ensure we are playing on a
profession. team committed to teamwork and not just a collection of
individuals who happen to be on the same field.
Honor Code: If youre a self-promoter, you wont like
UVAs honor code. The self-promoter does not trust his No Class Rank: If your goal is to be first, to make sure
classmates to be fair, honest, and ethical, whereas the UVA everyone knows how high you rank, then the Law School is
Law student understands the freedoms that come with living not for you. What a joy to say, when asked about class rank,
in a community of honor and the knowledge that honor At UVA we did not have class rank. Not only that, but we
violations will be dealt with swiftly and seriously. Lawyers had the B mean (now officially the B+ mean). How does
face all kinds of ethical temptations from trust accounts the lack of class rank better adapt UVA Law students for the
to billing time. For the UVA Lawyer, these are nothing new. current market? It helps us realize that our commitment to
We walked out of classrooms with our exams in hand and hard work is simply that: our own commitment to do the
a time limit to complete them. One can either live with this best we can. It is not, as most of the legal world would have
freedom and trust her classmates, or become paralyzed with you believe, a commitment to grind our competition (inside
the fear that others will cheat and gain an unfair advantage. our law firms and opposing counsel) into sawdust. If we
The practice of law is no different you can either set your do the best we can, and do so in a professional and ethical
own professional and ethical conduct, or you can fret about manner, we will survive these difficult times. An individual
how others are cheating the system, the firm, or the court. commitment to do your best will help you survive layoffs,
reductions in force, career changes, and even personal defeats.
Softball: In softball, individual accomplishments must
be part of an overall team effort. An individual bats and I suggest that every UVA Lawyer with the experience
fields the ball but, in isolation, can accomplish nothing. of the Honor Code, Softball, and No Class Rank can adapt
A batter, short of a home run, cannot get an RBI without to these harsh times because we know that money will
a runner on base. A base runner cannot drive herself in. come and go, and busts will follow booms, but our personal
A simple groundout requires a ball thrown by the pitcher, commitment to effort, integrity, and teamwork will not
fielded by an infielder, and thrown to the first baseman. change.
Creating that one out requires three of the nine players.
If you are a true UVA Lawyer, you understand teamwork.
A non-UVA Lawyer might prefer to play golf an Stan Perry is a partner in the Houston office of Haynes Boone.
individual sport based on ones own accomplishments. One He is one of the leading environmental litigation counsels in
can learn many things on the golf course, but one thing you Texas.
wont learn is teamwork. Softball, however, is a lesson in