A Note from the CEO... CEOAugust
By: Joel Stern, NAMWOLF
Now Is The Time To Dispel The Untrue Myths About NAMWOLF Minority And Women Owned Law Firms
I have now had the honor of serving as the CEO of NAMWOLF for two years.  While I continue to be excited about more and more in-house legal groups reaching out to our firms and giving them the opportunity to compete for and win the business, I still get frustrated with untrue myths and unreasonable expectations that exist with respect to our minority and women owned firms.   Some of the more repeated untrue myths that I have heard and combated are set forth below.

Myth #1:  NAMWOLF firms are not of the same caliber as the firms we currently use.
Response:  I find this myth to be one of the most irresponsible and unfair myths I have heard. There is not enough space in this newsletter article to tackle these fallacious comments one by one. Suffice it to say that the lawyers who work at NAMWOLF firms have excellent credentials, worked at "big law" and did very well in "big law" and for a number of reasons, decided to go off on their own.  (Hint - look at the statistics about minorities and women in "big law" including the most recent NAWL report. The legal profession is behind every other profession with respect to the advancement of minorities and women.) Every law firm that is part of NAMWOLF went through an onerous, time-consuming law firm vetting process, primarily controlled by in-house counsel. The barriers are several, including having three very strong corporate references from Fortune 500 legal groups that includes statements that the law firm did a great job for the company, they would recommend using them again and would recommend to other Fortune 500 companies that they use the law firm.  The firms also must be AV rated 4.5 and higher and certified by WBENC or the NMSDC as women or minority owned. The fact that so many Fortune 500 legal groups use our firms easily dispels this myth. (
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2016 Annual Meeting Keynote Speaker Announced: Hill Harper, September 16
HillHarper
Hill Harper
Hill Harper is an award-winning actor, best-selling author and philanthropist. Harper starred on the CBS TV hit drama  CSI: NY from 2004 until 2013 followed by two seasons on USA's  Covert Affairs. Harper then returned to CBS in the fall of 2015 as Agent Spelman Boyle in the fast-paced new drama  Limitless. In theatres, he can be seen co-starring alongside Will Smith in Sony Pictures'  Concussion and the award-winning independent film  1982. Harper is the author of four New York Times bestsellers and has earned seven NAACP Image Awards for his writing and acting. Harper founded the Manifest Your Destiny Foundation which is dedicated to empowering underserved youth through mentorship, scholarship, and grant programs. 

Harper graduated magna cum laude as valedictorian of his department with a bachelor's degree from Brown University and cum laude with a Juris Doctorate degree from Harvard Law School. He also holds a master's degree with honors from Harvard University's Kennedy School of Government and has Honorary Doctoral Degrees from Winston-Salem State University, Cheyney University, Westfield State College, Tougaloo College, Le-Moyne Owen College, Dillard University and Howard University. Harper travels frequently as a motivational speaker, addressing a wide range of audiences, including youth, adults, couples, and business leaders. In 2014, People Magazine named him one of their Sexiest Men Alive.  Sponsored by: Quintairos, Prieto, Wood & Boyer, P.A.

Talkin' 'Bout My Generation: How to Keep Your Marketing Strategies Fresh for Any Generation RECAP
  
Generation
By: Marketing Best Practices Committee, Anna Ludwig, Marketing Director, Lafayette & Kumagai LLP and Jamie Cotera, Marketing Director, Rivero Mestre
If you attended the Marketing Best Practices Committee session at the NAMWOLF Business Meeting in New Orleans, you know that Millennials recently surpassed Baby Boomers as the largest portion of the U.S. workforce. [1] You also know we dispelled the myth that Millennial in-house counsel are not in decision-making roles in companies. It's important that NAMWOLF firms understand that there are now three generations they need to market to. Because of the overwhelming response we received after our presentation in New Orleans, we decided to recap our session.  A panel of three corporate counsel, representing different generations, joined us for our discussion about generational marketing: Gilda Spencer from Allstate, Vanessa Watson from MasterCard, and Ana-Paola Capaldo from Laureate Education. Each had a lot of valuable advice for NAMWOLF firms. Below are some characteristics, marketing tips, and advice from in-house counsel for each generation.  ( Click here to keep reading)
 TRZ 
By Susan Koval, Nemeth Law, P.C., Detroit, Michigan
 
With primary offices in Cleveland and Toledo, Ohio, Thacker Robinson Zinz LPA has a national practice in insurance coverage litigation, litigation/discovery management, corporate and commercial litigation including trade secret protection and litigation involving the ramifications of complicated historical transactions. The firm includes experienced litigators who love what they do and share a commitment to provide world-class advocacy, counseling and responsiveness to their clients.

1.  When was the firm founded and who are the firm's founders?  TRZ was founded in 2010 by seven shareholders, six women and one man.

2.   Who are the firm's current leaders and how would you describe the firm's culture and personality?
As of January 2016, Marguerite Zinz is President of the firm and heads TRZ's Litigation Management practice.  For almost ten years, Marguerite has led a national discovery counsel team responsible for handling all aspects of discovery in a major American tire manufacturer's tire defect cases nationwide.  Marguerite is a resident in TRZ's Toledo office. In 2013, Marguerite presented at the NAMWOLF Annual Meeting on Best Practices for Managing Discovery in National and Multi-Forum Parallel Litigation.  TRZ prides itself on a culture of collaboration and congeniality.  A lot of effort has gone into integrating our Cleveland and Toledo offices so that we truly function as one seamless firm.  As a group, we focus on personal and professional growth with a goal of offering our clients the best representation and counsel available.  But humor and the genuine enjoyment of what we do are also critical to TRZ's DNA. 
( Click here to keep reading )
AtkinsonVendor Spotlight:
Atkinson-Baker
By: Angela H. France, Esq., PCT Law Group, PLLC, Alexandria, Virginia
 
Atkinson-Baker is proud to be the preferred provider of deposition services to many Fortune 500 companies, government agencies and well-respected law firms nationwide. Its services include last-minute coverage, conference rooms, interpreters, online scheduling, case management, certified realtime reporters, live deposition video streaming, videographers, teleconferencing and e-transcripts - all of which are provided at competitive local rates.   Certified by Women's Business Enterprise National Council, the largest third-party certifier of businesses owned and operated by women in the United States, Atkinson-Baker differentiates itself from competitors by its commitment to obtaining and training professional and customer-service oriented staff and expert court reporters of professional caliber. Atkinson-Baker offers friendly, on-time, and accurate services in both large and small cities, and is known for covering unforeseen scheduling emergencies where others lack the resources.   (Click here to keep reading)  
TPWalmart
Trials PAC Training Session to Walmart -- 30(b)(6) Witness Depositions: Picking and Preparing the Right Person to Stand up for the Company and Cause the Plaintiff to Stand Down
By: Bryan L. Paschal from Rivero Mestre LLP (Miami, FL)
Submitted by the Trials PAC

On April 4, 2016, in Bentonville, Arkansas, the NAMWOLF Trials Practice Area Committee (the "Trials PAC") presented to Walmart's legal department a continuing legal education course entitled "30(b)(6) Witness Depositions: Picking and Preparing the Right Person to Stand Up for the Company and Cause the Plaintiff to Stand Down." During the CLE, members of the Trials PAC role-played in four hypothetical fact patterns to demonstrate best practices and pitfalls in selecting and preparing Rule 30(b)(6) witnesses. Below, we'll discuss a few of the substantive takeaways from that CLE.  (
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UpdateUPDATE TO: "Handling Pension Plans in M&A Transactions after Sun Capital Partners"
By: Sherrie Boutwell; Boutwell Fay LLP; Irvine, California
Submitted by the Transactional PAC

Last y ear, we alerted NAMWOLF readers to concerns about a recent First Circuit case - Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension Fund, 724 F.3d 129 , 56 EBC 1139 (1st Cir. 2013), cert. denied (March 3, 2014). In that case, the First Circuit held that a private equity firm could be liable for the multi-employer pension wit hdrawal liability obligations of one of its portfolio companies and remanded the case to the District Court for further proceedings.  

On remand, the District Court has now imposed that liability on two co-investing private equity funds, holding that by acting in concert, the two funds created a "partnership-in-fact" under federal common law and that the de facto partnership was also engaged in a trade or business.(Click here to keep reading)
EqualPayEqual Pay for Equal Play: U.S. National Women's Soccer Team's Fight For Equal Pay Parallels Equal Pay Initiatives Across The Country
By: Ryan C. Carlson, Nukk-Freeman & Cerra, PC, Chatham, New Jersey
Submitted by the Labor & Employment PAC

On March 30, 2016, the U.S. Women's National Soccer Team ("Women's Team") captured headlines when five of its members filed a Wage Discrimination Complaint against the U.S. Soccer Federation with the Equal Employment Opportunity Commission ("EEOC"), the federal agency that enforces federal anti-discrimination laws such as Title VII of the Civil Rights Act of 1964 and the Equal Pay Act. 
 
The Complaint alleges that despite the success of the Women's Team, which includes four Olympic championships and three World Cup titles (including the heralded 2015 World Cup title over Japan), the Women's Team is paid significantly less than the U.S. Men's National Soccer Team ("Men's Team"), which has never won a World Cup and advanced to the World Cup Quarter Finals just once in the last three decades.  In particular, the following figures underscore the pay disparity between the Women's and Men's Teams:   ( Click here to keep reading )
Europe Europe's New Data Protection Regulation
By: Patrick Del Duca and Gediminas Ramanauskas, Zuber Lawler & Del Duca LLP, Los Angeles, California
Europe has been a leader in privacy and data protection initiatives for the last 45 years.  In reaction to state surveillance practices in some countries during and following World War II, Europe today protects privacy as a fundamental human right.  European law accordingly mandates that use of personal data of Europeans conform to specific requirements of privacy law.

After four years of deliberations, on April 27, 2016 the European Parliament and the Council of the European Union (EU) adopted the General Data Protection Regulation 2016/69 (the "Regulation"), redefining the protection of the fundamental right to privacy of European citizens.  Published in the EU Official Journal May 4, 2016, the Regulation provides a two-year grace period, until May 25, 2018, for businesses and others to achieve compliance.  The Regulation is directly applicable; unlike the heretofore applicable Directive, the Regulation does not require national implementing action for its implementation.  The Regulation's scope extends beyond European borders:  it will apply to any business targeting European customers or processing European employees' data, even businesses without a European-based data manager or use of European-based technology to handle personal data. The Regulation can be enforced with hefty fines, up to 4% of a business's annual worldwide revenues per breach. (Click here to keep reading)
NewFedThe New Federal Trade Secret Act and What It Means to Your Business
By: Amir Amini; Sanchez & Amador, LLP; Los Angeles, California
Submitted by Emerging Leaders

Congress recently passed the first federal trade secret law, the "Defend Trade Secrets Act of 2016," or "DTSA." Passed with overwhelmingly bipartisan support, the President is expected to sign it before this article is published.  The DTSA covers all trade secret misappropriation occurring after its enactment.  The most significant impact of the DTSA is that it creates a federal private right of action for trade-secret misappropriation, provides an  ex parte seizure remedy, and contains a safe harbor for whistleblowers and employees.  Each of these is addressed below, along with other notable provisions. (Click here to keep reading)
DigitalAre Your Legal Terms Ready for Digital Advertising? Five Ways to Digitize Your Commercial Agreements in Response to the 
Lord & Taylor FTC Action
By: Farah F. Cook; Patrick Law Group, LLC; Atlanta, Georgia
Submitted by Emerging Leaders

The advertising and digital marketplace are evolving almost daily; however, two things remain the same: (i) the Federal Trade Commission's ("FTC") Policy Statement and Business Guides on Native Advertising (the "Policy Statement") reinforces tried and true advertising principles and (ii) negotiating strong commercial terms in advertising services and promotional agreements remains the cornerstone of protection in the digital arena.

At the end of December 2015, the FTC issued its Policy Statement to provide guidance and examples of how to avoid deceptive advertising in native ad placements.  (Click here to keep reading)
CLEOFor nearly 50 years, CLEO has been the country's main "gateway" for diverse students to get into law school and learn about the legal profession!
 
The Council on Legal Education Opportunity (CLEO) has served as the pre-eminent "pipeline to the legal profession" national organization for many years. Founded in 1968, when the total number of lawyers of color was less than one percent, CLEO has helped more than 10,000 traditionally underrepresented students enroll in law schools across the country. Although best known for its Pre-Law Summer Institute, a rigorous, residential simulation of the first year of law school ( which, in 2016, will take place at Drake University Law School in Des Moines, IA); since the year 2000, CLEO has also sponsored two hugely popular and demanding weekend seminars: 1L Prep - Attitude Is Essential (AIE) and Achieving Success in the Application Process (ASAP). ( Click here to keep reading)
By: Timothy J. Reckart; Rusing Lopez & Lizardi, P.L.L.C.; Tucson, Arizona
 
If you missed the 2016 Business meeting in New Orleans, you  were one of the few, as this was the highest attended NAMWOLF Business meeting ever. And was it ever worth it!  One of the things I treasure about each NAM WOLF meeting, whether it's the Business Meeting or the Annual Meeting, is the chance to see folks who have become friends, not just professional acquaintances.  I know of no other organization for lawyers where friendships have sprung up so readily and where new acquaintances can be so readily made.  It was nice to welcome some folks whom my firm had invited to join NAMWOLF attending their first meeting ever.  Because it's a smaller meeting than the annual meeting and, therefore, a more intimate setting, friendships can be made all the more easily. ( Click here to keep reading )
PAC
Accomplishment Type Accomplishment Description Firm 

Trial - Voluntary Dismissal
Subsequent to the filing of Motions  in Limine , convinced the United States Attorney for the Northern District of Illinois to voluntarily dismiss with prejudice a criminal indictment alleging in 5 counts that a physician intentionally and knowingly used the DEA registration number of another physician in the course of the distribution and dispensing of controlled substances. The dismissal order was entered less than 30 days before a jury trial was set to commence. Case was handled by Anthony L. Schumann, who was assisted by Michael Cohen.

Quintairos, Prieto, Wood & Boyer P.A - Chicago, IL office

Trial Victory
25-year old Plaintiff alleged back injury with future fusion surgery, loss of normal life, and permanency.  Defendant pled to speeding. Defense alleged road rage and discredited future surgery. Battle of the experts! Plaintiff asked for $2.8 million.  Jury awarded plaintiff $5,980.49.  Susan Chae Corcoran & Renee Ziolkowski tried the case (Cook County/Nov 2015).
Sanchez Daniels & Hoffman, LLP


Trial Victory
Defended class action suit against large international corporation defeating certification of class claims for violation of privacy rights under the Song Beverly Act and California Consumer Legal Remedies Act.  Successfully excluded the application of the Song Beverly Act to business credit cards in published appellate decision.
Hollins Law

Upcoming         






2016 Annual Meeting 
September 14 - 17, 2016
Houston, TX

                               
OpportunityKnocksLeadership Opportunity Insurance Practice Area
Committee...Application Due June 30
The NAMWOLF Insurance PAC is seeking one new Co-Chair to take the leadership reign after the Annual Meeting in Houston in September.  It is expected that the new Co-Chair will serve in this role for two years.  The current Co-Chairs, Emilia Quesada and Heather Erickson, will be available to transition the new Co-Chair into the role.  Click here to download the application for the Insurance PAC Co-Chair role position.  Applications should be submitted to Emilia Quesada and Heather Erickson by Thursday, June 30, 2016. If you have any questions, please contact Emilia A. Quesada (equesada@smgqlaw.com) or Heather Erickson (HErickson@SanchezDH.com).  

Practice Area Committee (PAC) Director/Co-Director...Application Due July 8
We are soliciting NAMWOLF members to submit an application for the Position of Practice Area Committee (PAC) Oversight Director or Co-Directors, currently held by Linda Burwell.  The PAC Oversight Director, in conjunction with the NAMWOLF Team, assists members in navigating the process of creating new PACs, increasing the communication between the PACs and building relationships between the PACs and In-House Counsel.  The Oversight Director works with the Leaders of the PACs, the Board of Directors, and the Advisory Council and the NAMWOLF Team. If you are interested in being the Oversight Director or sharing the position with another NAMWOLF Member as Co-Directors, please fill out the application and submit it to Linda Burwell and Jane Kalata by Friday  July 8, 2016.  Thanks to each of you for all your hard work to date and please get your application to Linda and Jane (linda@nationalemploymentcounsel.com and jane_kalata@namwolf.org).   Click here to download the application .

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Leadership Opportunity Newsletter...Application Due July 15
The NAMWOLF Newsletter seeks a new Co-Editor to take the helm after the Annual Meeting in Houston in September.  Editing the Newsletter is a great way to build relationships within NAMWOLF while supporting the organization.  Co-Editors serve for two years. The new Co-Editor will have ample support and guidance, as one of the current Co-Editors will continue in her position until approximately February 2018 and the other will remain in an advisory role.  Prior NAMWOLF Newsletter Committee experience is not required, but will be considered.    Click here to download the application.  Submit applications to Co-Editors Jamie Rudman ( rudman@sanchez-amador.com)  and Angela France ( afrance@pctlg.comby Friday, July 15, 2016.  

Leadership Opportunity...2017 Business Meeting (Fort Lauderdale, FL) and 2017 Annual Meeting (New York, NY) Co-Chair...Application Due July 15
We are seeking applications for the 2017 Business Meeting and 2017 Annual Meeting Co-Chairs.  The Law Firm Co-Chair works with the In-House Co-Chair that is selected by the NAMWOLF Board of Directors, and works with the NAMWOLF team, the Board, the National Development Committee and other NAMWOLF committees to develop and implement the program and activities for a successful Business and/or Annual Meeting.  By submitting the application, the applicant understands that the Business Meeting and/or Annual Meeting Law Firm Co-Chair position requires a significant amount of time and commitment.  Although the selected Law Firm Co-Chair will work with the In-House Co-Chair approved by the NAMWOLF Board of Directors, the Law Firm Co-Chair will handle the bulk of the effort. For more detailed information and to apply for the positions, please download the applications.  
                               
LetterEditors A Letter From the Editors.... 
 
Dear NAMWOLF Members -

The Newsletter Committee has some exciting developments of our own to report this issue.   First, because the NAMWOLF community submitted a record-high number of articles for the Second Quarter 2016 edition, we will be publishing an extra Newsletter this July.  The current edition also includes a new feature column  Victory Lap, which highlights our members' successes. 

We also congratulate and welcome our new Co-Editor, Angela France of PCT Law Group in Alexandria, Virginia. The rest of our hard-working Newsletter staff consists of: Susan D. Koval (Nemeth Law, Detroit, MI), Crystal Vanderputten (The Livingston Law Firm; Walnut Creek, CA), Oscar Lizardi/Pat Lopez/Tim Reckart (all of Rusing Lopez & Lizardi; Tucson, AZ), Joshua Brown (Lee + Kinder; Denver, CO), Lauren Hunt (Alvarez Arrieta & Diaz-Silveira; Miami, FL), Elizabeth Carter (Hill, Hill, Carter, Franco, Cole & Black; Montgomery, AL) and Michele Desoer (Zuber Lawler & Del Duca; Los Angeles, CA) and of course, our own Jane Kalata (NAMWOLF).

Please read, enjoy and CIRCULATE this email to all the members of your firm or organization.  As always, feel free to share your comments and suggestions - and keep sending articles to us and Victory Lap submissions to your PACs so that we can highlight your expertise and successes.
Co-Editors:
Jamie Rudman 
Sanchez & Amador, LLC - Oakland, CA 
rudman@sanchez-amador.com        
 
Angela France  
PCT Law Group, PLLC - Alexandria, VA