Mitchell on Law Spring 2007

WILLIAM MITCHELL COLLEGE OF LAW MAGAZINE

on law

Lying to Clients

SPRING 2007

(Let’s be Honest)

The Lawyer’s Lawyer — Lori Swanson ’95 pg 2 Global Patents pg 12 The Role of a CIA Lawyer pg 16 Caring for an Aging World pg 20

Spring 2007

Mitchell on Law Volume 24, No. 1 Published by the Office of Institutional Advancement, William Mitchell College of Law 875 Summit Avenue, St. Paul, MN 55105-3076 (651) 290-6400 fax: (651) 290-6461 magazine@wmitchell.edu www.wmitchell.edu/alumni Editor Mary McGlynn Grant Class Notes Editor Julie Husmoe Writers Richard Broderick Kay-Marie Jurkovich Cathy Madison Cynthia Miller Andy Steiner

Editor’s Note William Mitchell’s alumni magazine is back with an entirely different look, a new name, and redeveloped content.

The purpose of Mitchell on Law is to inform you, our alumni, about happenings at William Mitchell, connect you with your colleagues, and provide information that will help you in your career. You’ll find library research tips, notes from alums on the partner track and in small law firm practice, faculty research on newsworthy issues, and profiles of fellow alumni. We want this content to be relevant to your lives.

Mitchell on Law is a new concept for us, and we need your feedback. What issues and topics would you like us to cover? Tell us about interesting alumni we should profile. Any thoughts on the new design? What are your opinions on the stories in this issue? Please let us know. Email magazine@wmitchell.edu or send us a letter at Mitchell on Law, William Mitchell College of Law, 875 Summit Ave., St. Paul, MN 55105.

Thank you for reading.

Mary McGlynn Grant magazine@wmitchell.edu

Art Director Pamela Belding Photographers Doug Beasley Raoul Benavides Mike Krivit Tim Rummelhoff President and Dean Allen K. Easley Chair, Board of Trustees Gregory J. Stenmoe ’81 Board of Trustees Mary Cullen Yeager ’89, vice chair; Judge Elizabeth H. Martin ’80, secretary; James C. Melville ’90, treasurer; Louis L. Ainsworth ’77; Lawrence T. Bell ’79; Stephen R. Bergerson ’74; Stephen B. Bonner ’72; Patricia Ann Burke ’78; Jeffrey P. Cairns ’81; Richard R. Crowl ’76; Mary Lou Dasburg; Michelle A. Hatcher ’98; Penny A. Hunt ’77; Donald M. Lewis; David M. Lilly Jr.; William O. McCormack ’73; Ben I. Omorogbe ’95; Anita M. Pampusch; Kathleen Flynn Peterson ’81; Lewis A. Remele Jr.; Peter M. Reyes Jr. ’97; William R. Sieben ’77; Thomas W. Tinkham; Eric C. Tostrud ’90; Judge Wilhelmina M. Wright; Donald F. Zibell ’62; Richard F. Ziegler Alumni Association President Michelle A. Hatcher ’98 Alumni Association Board of Directors Mark A. Metz ’97, vice president; Jocelyn L. Knoll ’92, secretary/ treasurer; Thomas C. Baxter ’94 ; Jennifer F. Beck Brown ’03; Aaron A. Dean ’94; John M. Degnan ’76; Dyan J. Ebert ’93; Kate A. Golden ’99; Mark A. Hallberg ’79; Judge Jill Flaskamp Halbrooks ’85; Juan G. Hoyos ‘92; Imani S. Jaafar Mohammad ’04; Barbara J. Klas ’91; William M. Orth ’80; Judge George T. Stephenson ’85; Robert G. Suk ’70; Kay E. Tuveson ’87; Alan R. Vanasek ’69; Piper K. Webb ’97; Sylvia I. Zinn ’84

Mitchell on Law

Table of Contents Features and Profiles 2

The Lawyer’s Lawyer

By Kay-Marie Jurkovich Minnesota Attorney General Lori Swanson ’95 discusses her new position as chief legal officer for the state.

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Shubha Harris 2L

By Kay-Marie Jurkovich Meet Shubha Harris, the recipient of a national award for leadership and commitment to the Asian Pacific community and a second-year law student.

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Lying to Clients

By Cynthia Miller Is it ever OK to lie to clients? Professors Peter Knapp, Nancy Ver Steegh, and Brad Colbert ’85 consider this ethically challenging, but often-asked, question.

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Global Patents: Wishful Thinking or Future Reality

By Cathy Madison Jay Erstling, one of William Mitchell’s newest professors, speaks about the efforts to protect intellectual property on an international scale.

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Behind Closed Doors: Lawyers and the CIA

By Richard Broderick In the wake of unflattering news about the CIA, there is renewed interest in not just what lawyers do at the CIA but how they should comport themselves.

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Caring for an Aging World

By Cynthia Miller As the world’s population ages at a tremendous rate, we must find solutions for long-term care around the world.

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Stephen Bonner ’72: Living His Decisions

By Andy Steiner Stephen Bonner ’72 leads the Cancer Treatment Centers of America, a network of treatment hospitals and clinics established to exclusively treat cancer patients.

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Departments

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Cover photo by Mike Krivit.

Wardrobe by Milbern Clothing–1685 University Avenue, St. Paul, MN.

Spring 2007

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24

News

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Small Practice: The Inside Story

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Partner Track: The Inside Story

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Gratitude

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Class Notes

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From the Dean

Read the magazine online @ www.wmitchell.edu/alumni

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Cool revealing photo

Lori Swanson

ʼ95

Minnesota Attorney General

The Lawyer’s Lawyer

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Mitchell on Law

Alumni Profile

By Kay-Marie Jurkovich sk people about Attorney profits and lavish perks. She was also General Lori Swanson ’95, recruited to join the Federal Reserve’s and you’ll hear descriptions Consumer Advisory Council, after like brilliant, hard working, members were impressed with a capable, accomplished, tough. In speech she made lambasting the fact, she seemingly has just one Office of the Controller of Currency limitation: the fact that there are only for failing to protect depositors. The 24 hours in a day. board named her its chair in 2006.

In conversation, she is cordial and Swanson’s interest in public straightforward but rushed, as you service started in childhood. “I feel might expect, considering that the passionate about standing up for attorney general’s office receives 500 people,” she said. While still in high to 700 calls and about 100 letters school, she decided to act on that daily. Thousands of complaints are instinct by becoming a lawyer. Along mediated, investigated, or prosecuted the way, she earned a journalism and by the office every year. political science degree, graduating “The hardest part of my job with distinction from the University of is prosecutorial discretion,” said Wisconsin, Madison.

Swanson. “I want to be personally engaged, but I can’t overpromise From the Desk of the — I’ve got to be realistic.”

Attorney General Swanson was appointed deputy attorney general in 1999 by her predecessor, Mike Hatch, and advanced to solicitor general in 2003. As deputy attorney general, Swanson made the attorney general’s office more accessible to the public by dumping the A picture of Bailey, automated answering system so the family dog, that incoming calls were taken greets Swanson each morning. by real people — multilingual consumer advocates, no less. She also added a toll-free number listed Swanson in phone books throughout the state, worked full having discovered that the attorney time while attending general’s office wasn’t included in William Mitchell at night. Her directories outside the metro area. day job would have been awfully “People should know that if they are hard to give up: clerking for the harmed, the attorney general’s office Minneapolis law firm Hatch, Eiden will listen and try to help,” she said. & Pihlstrom, writing briefs for major “And if we can’t, we’ll try to direct insurance claim cases before she’d them to someone who can.” even earned her J.D. Hatch credits her with being Just after Swanson graduated a driving force during his tenure, magna cum laude from law school, instrumental in a suit against U.S. Hatch gave her a case involving Bancorp for selling private consumer insurance coverage of bone marrow information to telemarketers and an transplant as a cancer treatment. investigation of major health care The firm had built a reputation organizations that revealed exorbitant for winning such cases on behalf

Spring 2007

of breast cancer patients, but this patient had a rare disease without legal precedent for coverage, and the case was considered “unwinnable.”

Swanson won.

It’s not easy to impress Mike Hatch, but that was one of many occasions when Swanson did. “It was a tragic, life-and-death case. She was phenomenal,” he said.

Since then, Hatch has had plenty of opportunity to see Swanson at work. “Lori reads the law like a laser, and she’s the hardest working person I ever met,” he said. Hatch also cited their shared philosophy of looking out for the average person, and taking a tough stance when it’s needed.

Swanson was the chair of the Federal Reserve’s Consumer Advisory Council, an experience commemorated by a photo of her with the council in 2006.

Swanson has said many times that a successful attorney general has to be a good lawyer. Those who have worked with her think she’s more than qualified. “A lot of attorney generals are politicians,” said Hatch, who added he’s probably in that category himself, after years in public office. “Lori is a lawyer’s lawyer.”

Kay-Marie Jurkovich is a freelance writer who grew up hearing about Minnesota’s former governor Floyd B. Olson ‘15.

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Seven distinguished faculty members to join Mitchell this fall From extensive legal practice experience to prolific academic research, William Mitchell’s seven new fulltime faculty members for fall 2007 have much to offer students. Mitchell on Law will profile each faculty member as they arrive, but in the meantime, here is a brief introduction.

Mehmet K. Konar-Steenberg has been a visiting professor at William Mitchell. Previously he worked as an assistant Minnesota attorney general and as an associate at Greene Espel. He will co-direct the Writing & Representation: Advice & Persuasion program. He received his J.D. from Georgetown University Law Center.

Mary P. Byrn, an expert in family law and reproductive rights, was a visiting assistant professor at the University of Minnesota Law School. She clerked for Judge Heaney, U.S. Court of Appeals for the 8th Circuit, and Judge Tunheim, U.S. District Court, Minnesota. She received her J.D. from the University of Minnesota.

Herbert M. Kritzer, one of the world’s leading scholars conducting empirical research on the legal profession and on the civil justice system, was a professor of political science and law at the University of Wisconsin, Madison.

He received his Ph.D. from the University of North Carolina.

Mark A. Edwards has been an affiliated scholar with the Institute for Legal Studies at the University of Wisconsin Law School, where he also earned his J.D. He clerked for Chief Judge Crabb, U.S. District Court, Western District of Wisconsin, and practiced law for five years. He specializes in criminal law.

Jay Erstling will join the intellectual property program at Mitchell. He was the director of the Patent Cooperation Treaty and advisor to the director general of the World Intellectual Property Organization. He received his J.D. from Cornell University Law School. (Read more about Jay Erstling on pages 12–15.)

Ted Sampsell-Jones has served as an appellate criminal defense attorney and a visiting assistant professor at the University of Minnesota Law School. After receiving his J.D. from Yale Law School, he clerked for Judge Fletcher, U.S. Court of Appeals for the 9th Circuit. He specializes in criminal law.

Thuy Vo, an expert in business and corporate law, was an attorney at Dorsey & Whitney for four years and then served as consultant to the CFO and director of finance at Land O’Lakes. She has been a visiting professor at William Mitchell. She received her J.D. from Harvard Law School.

William Mitchell responds to latest U.S. News rankings Allen K. Easley, president and dean of William Mitchell, said he was pleased that the 2008 U.S. News & World Report overall ranking “better reflects our strength in legal education.”

Mitchell was ranked in the third tier among the 184 law schools and also

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was recognized for its legal writing and clinical training programs.

Easley said the college continues to strengthen the student experience by focusing on the academic program, faculty, career development, and student scholarships. “We will ensure our students have an outstanding educational experience and will facilitate the success of our graduates in every way possible,” he said.

Mitchell on Law

Mitchell News

National security events draw surprise guests William Mitchell’s National Security Forum events are regularly drawing capacity crowds, media attention, and some surprise guests.

A Strange Bond: The CIA and The Cinema March 28, 2007 A panel including, from left, John Radsan, John Rizzo, Paul Kelbaugh, and Colin Covert discussed spies and Hollywood.

One 9/11 Case. Five Years of Controversy.

September 12, 2006 Juror No. 526 stands at the microphone to address the panel.

Mitchell students stand out at national competitions

Spring 2007

John Rizzo, acting CIA general counsel, made an unannounced visit to the March event, which focused on Hollywood’s perception of spies and intelligence work. He joined Mark Bowden, author of Black Hawk Down; William Daugherty, one of the American embassy hostages in Tehran from 1979 to 1981; Paul Kelbaugh, former CIA chief legal counsel; and Colin Covert, movie critic for the Star Tribune. Said Forum Director and Professor A. John Radsan, “It is rare that the public anywhere in the country ever gets to hear from somebody who works at the top of the CIA. So John Rizzo gave us a treat.”

Last fall, Juror No. 526, from the Zacarias Moussaoui trial, flew in unexpectedly from Virginia to ask a question that had been nagging him since the trial. It was a dramatic addition to an already eventful evening: the first time lead prosecutor Robert Spencer and lead defense counsel Edward MacMahon appeared together to publicly discuss the Moussaoui case, which was the only trial stemming from the attacks on September 11, 2001.

The juror asked how significantly the prosecution’s case was affected when testimony from government aviation witnesses was forbidden.

William Mitchell students have earned national standing in moot courts and competitions.

For the second year in a row, Mitchell students took third place in the National Arbitration Competition. The Mitchell team finished in the top five nationally in the American Bar Association National Client Counseling Competition. And for the third year in a row, Mitchell students advanced to the national finals of the Giles Sutherland Rich Intellectual Property Law Moot Court Competition. Each team competed and won at the regional level, in order to compete at the national level.

These student teams are coached by alumni, adjuncts, and professors, including James A. Baker ’03, Michael Gibbons ’99, and Stacy (Matthews) St. George ’04, Adjunct Professor Dawn Van Tassel, and Professors Ken Port and Christine Ver Ploeg.

Read more news online @ www.wmitchell.edu/alumni

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In the News “The danger is that these numbers will blind people.”

Vice Dean Eric Janus on formulas that calculate a sex offender’s risk of offending again. New York Times March 4, 2007

“The reality of practice in this area today is that providing you a lawyer and not providing expert witnesses is like having a lawyer go into court with one hand tied behind his back.”

Professor Peter Knapp on an Anoka County judge’s refusal to reimburse the public defender’s office for expert witnesses for the accused parents in a child homicide case. St. Paul Pioneer Press March 15, 2007

“The CIA is not supposed to have any law enforcement powers, or internal security functions, so if they’ve been issuing their own national security letters, they better be able to explain how they don’t cross the line.”

Professor A. John Radsan on the CIA’s issuing of national security letters to gain access to financial records. International Herald Tribune Jan. 14, 2007

“Once appointed, he or she finds an enormous amount of work to be done, which makes it difficult or impossible for them to service their clients.”

Professor James Hogg on the problem large law firms have when a partner becomes CEO of the firm and then must give up clients in order to do the job.

Minneapolis St. Paul Business Journal Jan. 26, 2007

Legal Research Tips from the Mitchell Reference Librarians

Old Hat Goes High Tech

Do you dread legal research when your issue warrants a review of federal administrative regulations? Let us ease your pain.

Federal regulations, current and historical versions, are available online and free. The Government Printing Office disseminates official information online at www. gpoaccess.gov. Here you can find the Code of Federal Regulations from 1996 to current and the Federal Register from 1994 to current. You can locate rules and regulations by citation, browsing through the tables of contents, or by keyword search. You can even sign up to have the daily

Keep track of rulemaking activity as it’s delivered to your inbox.

What if you’re stuck trying to track down a really old regulation? Library to the rescue! The HeinOnline research database, available at the Warren E. Burger Library, includes the Code of Federal Regulations from 1938 to 1983 and the Federal Register from 1936 (vol. 1) to the current volume. The documents are in PDF format and can be retrieved by citation or keyword search.

If you have further questions, email the reference librarians at reference@wmitchell.edu.

table of contents of the Federal Register delivered via email.

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Mitchell on Law

In Print Failure to Protect: America’s Sexual Predator Laws

By Nina C. Ayoub Eric S. Janus has set himself a thankless task.

For more than a decade, the vice dean and professor at William Mitchell College of Law has been an active critic of aggressive new statutes aimed at “sexual predators.”

Along with his research, Mr. Janus served as co-counsel in a 12-year case that unsuccessfully challenged Minnesota’s civil-commitment law, which is used to reconfine sex offenders after they have completed their prison sentences.

Now he offers Failure to Protect: America’s Sexual Predator Laws and the Rise of the Preventive State (Cornell University Press).

Nowhere in the book does the author minimize the damage done by such criminals as Dennis Linehan, who was central to the Minnesota case. Mr. Linehan sexually assaulted and killed a 14-year-old girl in 1965, was released after serving 27 years, and has since been reconfined under a commitment law.

The problem, Mr. Janus says, is that such extreme offenders have been incorrectly cast as the archetypal sex criminal. The result has been laws that reflect and reinforce a distorted view of sexual violence, remove resources from more effective policies, and are signs of a constitutionally questionable “preventive state.”

Mitchell News Mr. Janus argues that sexual-predator laws reflect a conservative backlash against hard lessons learned from the feminist movement about the systemic nature of sexual violence in society and the fact that most sexual offenses are committed by a member of the victim’s family or social circle. He identifies misconceptions about recidivism and questions “actuarial” approaches that assign a static risk rating to an individual and ignore changes from treatment, aging, or altered circumstances.

Centrally, he argues that sexual-predator laws have helped resurrect the kind of “outsider jurisprudence” once used to justify such practices as forced sterilizations under eugenicist laws and the wartime internment of Japanese Americans. But the scholar has other arguments for those who don’t see a slippery slope or don’t care if ex-cons have been reconfined indefinitely under commitment laws, absent a new crime.

Money issues are unavoidable, he says, and he has numbers. In 2004, for example, California spent more than $78 million locking up 535 men in its predator-commitment program while providing no substantial treatment for the 17,000 sex offenders in its prisons, most of whom will rejoin the community.

Among approaches he finds promising for such inevitably released offenders is intense supervision, such as in a Colorado program in which each participant is under the watch of a parole or probation officer, a treatment provider, and a polygraph examiner who conducts the sex-offender’s equivalent of a urine test.

Copyright 2007, The Chronicle of Higher Education.

Reprinted with permission.

Products Liability Law (Thomson-West) Addressing an increasingly high-stakes area for many corporations and entrepreneurs, this book, by Professors Michael Steenson and David Prince and S. Brew, provides a comprehensive history of product liability cases in Minnesota and analysis of primary issues that arise.

Administrative Law: Cases and Materials (LexisNexis/Matthew Bender) A practical approach to teaching administrative law, this textbook, by Professor Richard Murphy, C. Koch, and W. Jordan, has students follow a fictitious agency through the implementation of a new regulatory program.

Jury Instruction Guides – Civil (Thomson-West) Professors Michael Steenson and Peter Knapp present a contemporary approach to providing jury instructions. An excellent guide for practitioners preparing for civil trials in Minnesota.

A Basic Course in International Law Research (University Press of America) Professor Anthony Winer and Mary Ann Archer ’90, an associate director in the Warren E. Burger Library, provide an interactive, student-centered approach to research for public international law.

Spring 2007

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Student Profile Prior to attending Mitchell, as well as during her first year and a half as a student, Shubha Harris was deputy Minnesota chief of staff to Sen. Mark Dayton. In that position, she advocated for Asian Americans on issues including federal assistance, health care, and immigration. Now she is the director of constituent services for Sen. Amy Klobuchar. Her work with Dayton was recently recognized when she received the Chris B. Nakamura Scholarship, given by the National Asian Pacific American Bar Association Law Foundation in Washington, D.C. Birthplace: Kerala, India. I grew up in Ohio, but visit India often. We were there recently for my older brother’s wedding.

Family: Very supportive husband, very close family, very active Brittany spaniel.

My work: I hire, train, and supervise staff as director of constituent services for Senator Amy Klobuchar. Before that, I was deputy chief of staff for Senator Mark Dayton, advocating for his constituents.

How it’s rewarding: I have worked with thousands of immigrants and their families overseas. It is an amazing feeling when you can help children in refugee camps and reunite them with their families.

Why I want to be a lawyer: My work with Senator Dayton’s constituents made me want to be able to provide a higher level of advocacy and to have a more in-depth understanding of how the government functions.

Study spot: On the bed. For a real change of pace, I go downstairs and study on the couch.

Dream job: Doing work that impacts people’s lives. I’ve wanted to effect change in policy and education issues, ever since I worked with underprivileged children through Teach for America.

Soon I will be: A mother! I’m due in August.

— Kay-Marie Jurkovich

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Mitchell on Law

Photo by Raoul Benavides

Secret from my past: I was a professional performer of classical Indian dance, in the Bharatha Natyam style. I enjoy sharing my culture with friends and learning about theirs.

Shubha Harris

2L

“Law school is very difficult, but working with constituents who are separated from family abroad or struggling to keep their housing definitely helps me keep my perspective.”

– Shubha Harris 2L

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Lying to Clients (Let’s be Honest)

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Mitchell on Law

Is it ever OK to lie to clients? Mitchell professors address this ethically challenging and often-asked lawyering question.

By Cynthia Miller

Photo by Mike Krivit

When can I lie to clients? That’s

including deliberate omission, the lawyer to decide, creating another the double-bind question students have misstatement, misrepresentation, and gray area: Should the counselor be asked Peter Knapp, professor of law manipulation. trusted to sift the truth, providing and co-director of the clinic program “We all lie in our relationships,” reasoned judgment? Or should at William Mitchell. It’s a question that commented Colbert matter-of-factly. information and counsel be disclosed can weigh on the practicing attorney, as “So working from that, is there ever a in stages, another form of therapeutic well. Yet the politically correct answer— rationale for lying? It gets dicey when a privilege? a resounding “Never!”—implies that criminal defendant, for instance, says, Knapp said as they worked through law, like medicine, has no ethical gray ‘Do you believe me?’ If you don’t say examples, the list of appropriate areas. times for lying narrowed, In his search for and in clinical “It gets dicey when a criminal defendant, professionally a nuanced response, practice. Yet the examples Knapp thought of the disappear entirely. for instance, says, ‘Do you believe me?’ If didn’t analogy of therapeutic Ultimately, the professors privilege, a physician’s believe the response to you don’t say ‘yes,’ they hear ‘no.’ right to withhold “When can I lie to clients?” is information deemed contextual, since there are no detrimental to a patient’s psychological ‘yes,’ they hear ‘no.’ You can’t finesse absolutes in law or in life. Their answer or physical well-being. For instance, it by saying ‘It doesn’t matter what I could be summarized as: Occasionally. doctors exercise therapeutic privilege believe.’”

Maybe. But only if you’re convinced it when they refrain from saying that an Ver Steegh could also imagine times serves the client’s greatest good, not illness is terminal or that symptoms when therapeutic privilege would be yours, and you aren’t undercutting the might be psychosomatic. While this pertinent to family law practice. For client’s autonomy. has sometimes led to malpractice example, an attorney might decide to Lying mainly appears appropriate suits, courts continue to uphold the withhold triggering information, such as when overheated emotions or a physician’s right. a spouse’s new address, from a volatile pathological mindset put the client at So, Knapp wondered, should a client for a couple of days. While that risk of making poor choices. Lawyers, similar therapeutic privilege exist for protects the client and isn’t plain lying, like doctors, shouldn’t have to respect lawyers? He began to brainstorm with it is deceptive. She was also concerned someone’s suicidal tendencies. Since Visiting Professor Brad Colbert ’85, with subtle presentational aspects of attorneys will constantly confront longtime supervisor of William Mitchell’s counseling, such as manipulative facial different situations, they must practice Legal Assistance to Minnesota Prisoners expressions or vocal tones, and like reflection and self-evaluation.

(LAMP) Clinic and an assistant state Knapp and Colbert, with the issue of Currently, the article is still in draft public defender, about “the justifiable seemingly benevolent lies, which might form, but the authors foresee it leading professional lie.” They subsequently intrude on the client’s autonomy. to CLE and clinical offerings. Ironically, pulled Professor Nancy Ver Steegh, a All three of the professors were despite real concerns about appearing family law expert, into the discussion. uncomfortable with the paternalistic to be advocates of lying, the professors’ The trio embarked on writing an article rationale: “I can tell when my clients shared motivation was to be honest with two starting points. First, despite want the truth and when they don’t.” with themselves and others in the the attorney’s duty to disclose, there On the other hand, they agreed that profession about this shadowy aspect of might be valid reasons why that would legal overwhelm is a genuine problem, lawyering. be unwise. Second, for clarity’s sake, the when the client is bombarded with Cynthia Miller is a Minneapolis-based freelance uncomfortable word “lies” would cover details, options, and jargon at the writer. She works on communications and all deceptive communications, start. In such cases, clients might ask marketing projects for a wide range of clients.

Spring 2007

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Global Patents:

Wishful Thinking or Future Reality

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Mitchell on Law

Patent harmonization—a uniform set of rules for international patents—would save inventors substantial amounts of time and money. But is getting the world to agree on one system possible? And is it the best solution?

By Cathy Madison

Illustration by Cathy Gendron

In

individual patent applications in every that’s the greatest genius of the system country in which protection is wanted, — the tension between the private rights an era when someone may indeed an applicant submits a single PCT of the patent holder and the rights of build a better mousetrap, perhaps one application that covers all member the public.” Exclusivity vs. public interest that monitors its prey’s DNA, patent law countries. “One application, filed in is at patent law’s core, he explains; the has never been more important. In the one country, in one language, with one inventor gets exclusive rights for his United States, updating laws created in set of fees,” Erstling summarizes. A invention for 20 years in exchange for the smokestack era to foster and protect major patent office then examines the disclosing to the public what makes that 21st-century innovation is a top priority. application to determine the invention’s invention an invention.

Around the globe, the challenge is even potential patentability, and WIPO But not every country defines more formidable. publishes the application to disclose it invention in the same way, and not every “There is no such thing as a global to the world. It is only at the end of this country has a well-defined patent policy. patent,” says Jay Erstling, who joins process that applicants must convert The resulting gaps, especially between William Mitchell’s intellectual property their applications to accommodate the industrialized and developing countries, program this fall as its fourth fullnational laws of the countries in which can be large. Because published time faculty member. Since 2002 he they want protection. applications are a valuable depository of has served as director of the Patent technical knowledge, Cooperation Treaty industrialized (PCT) and advisor to “Ever since patent law was created, there has countries want strong, the director general of transparent, effective the World Intellectual been a built-in tension inherent in the system. systems in place Property Organization worldwide. Developing (WIPO) in Geneva. While In fact, that’s the greatest genius of the system countries may want the focus of Erstling’s systems, too, but work has been on the — the tension between the private rights of the those they want them framed international patent in such a way that less filing system, he has patent holder and the rights of the public.” advanced economies also kept his finger on and their populations the pulse of patent The PCT simplifies filing and gives can also benefit. harmonization progress, which, despite applicants valuable information and Divergent views in the pharmaceutical significant procedural advances, remains additional time to make important field illustrate the inherent conflict. agonizingly slow. patenting decisions. It has also served According to the Paris Convention, The PCT does not issue patents. to bring national patent provisions into Erstling says, countries were required to However, it does provide applicants close proximity with each other, but protect the process for manufacturing with a centralized and streamlined distinctions in national law and practice a pharmaceutical product but not the international application process, and remain a fact of life. Hence the goal of product itself. But the World Trade it is Erstling’s job to make sure it runs Organization’s Trade-Related Aspects smoothly. Since the treaty was concluded harmonization: to simplify search and conversion, ease international trade, of Intellectual Property Rights (TRIPS) in 1970 and the first application filed curb corporate legal costs, and ultimately agreement requires that protection in 1978, it has been gaining purchase. benefit the consumer by lowering prices. also be granted for products. This has That first year, 459 applications were But Utopia won’t happen anytime alarmed some developing countries, filed, and 18 countries were party to the soon. The road to harmonization, who say that if patents are available for agreement. It took 22 years to receive which arguably began with the Paris products, then prices will go up, and the first half million applications, but Convention for the Protection of people won’t have access to the drugs the next half million arrived in only four Industrial Property in 1883, is long, they need. years. Last year, 145,000 applications bumpy, and littered with conflict.

“A compromise has been struck that poured in, and 136 countries now “Ever since patent law was created, is still controversial. Nobody on either participate. there has been a built-in tension inherent side likes it terribly well,” Erstling says.

On the surface, the process seems in the system,” says Erstling. “In fact, Certain provisions allow developing simple enough. Instead of filing

Spring 2007

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Jay Erstling: Basics Education: B.S., Cornell

University School of Industrial and Labor Relations; J.D., Cornell University Law School Most Recent Position:

Director of the Patent Cooperation Treaty and Advisor to the Director General of the World Intellectual Property Organization, Geneva, Switzerland, 2002-2007 Law Career: Officer,

Intellectual Property and International Law practice groups, Fredrikson & Byron, 2000-2002; Professor and Chair, Department of Legal Studies in Business, St. Thomas University, 1986-2003; Senior Legal Officer, Industrial Property Division, WIPO, Geneva, Switzerland, Photograph by Tim Rummelhoff 1976-86; Legal Officer, International Labor Organization, Geneva, Switzerland, 1975-76; and Associate, Thorp, Reed and Armstrong, Pittsburgh, 1974-75 Favorite Things about Switzerland: 1. Being surrounded by

beauty, especially the mountains, the old city of Geneva, the lake, and the vineyards 2. Being part of a truly international community 3. Skiing, hiking, chocolate, and wine Favorite Patent Applications: 1. The PCT applications for

“genetic inhibition by double stranded RNA” and “RNA interference pathway genes as tools for genetic interference,” which can be used to switch off disease-causing genes or to characterize certain types of tumors. 2. The PCT application for getting the nut inside a Ferrero Rocher or other kind of chocolate candy. The title of the invention is “a food product with a filling and a method of producing it.”

Family: Wife, Pixie Martin, a consultant in communications and

training and native Minnesotan; two children: Rachel, an MD completing a residency in psychiatry at McMaster University, and Micah, a 14-year-old who loves sports; one grandchild: Caleb Heard on the Street: “I view him as one of the most

important individuals in the intellectual property community today, and I expect he will continue to be influential in the international patent arena.”

Samson Helfgott, director of patents at KattenMuchinRosenman in New York and head of international intellectual property matters for the American Bar Association intellectual property section 14

countries to grant compulsory licenses that would not break the patent, but would require the patent owner to make available patented drugs on reasonable terms in cases affecting public health. “It’s an attempt to strike a balance between public and private rights. The pendulum keeps swinging,” he adds.

Preserving traditional knowledge, much of which is unwritten and passed down through oral traditions, is also tricky. In China, for instance, controversy surrounds the patent protection issues related to traditional medicines. According to Jia Hepeng, writing recently in Intellectual Property Watch, China’s patent law, revised in 1993, now protects “pharmaceutically effective chemical ingredients.” But because these medicines often combine 20 or more herbs whose individual contributions to the drug’s effectiveness have not been determined, that protection is difficult to apply. Patenting the combination is not seen as a solution either, because, with minor tinkering, a formula’s healing effects could easily be duplicated.

The principle of independence of patents, a bedrock provision embedded in the Paris Convention, may also work against harmonization. Even industrialized countries have significantly different patent laws. The same patent application could be accepted in one country and rejected in the next, Erstling says.

“In the U.S., you can patent pretty much anything— a method of doing business, a surgical procedure, computer software.

Most countries “In the U.S., you can have much greater restrictions. Claims patent pretty much are also drafted anything — a method differently, which can affect the scope of the patent of doing business, a right. In addition, surgical procedure, in the U.S., the first person who computer software. invented something wins the patent.

Most countries In the rest of the world, whoever have much greater files the application first wins. And restrictions.” a U.S. inventor who discloses his invention has a year to file, but a European who discloses before he files may be out of luck.”

Emerging countries have tended to be resistant to and suspicious of harmonization, he adds.

“Developing countries fear giving up the flexibility they feel they might need as they move along,” he says. “Some of their most valuable intellectual property exists in traditional knowledge and genetic resources, and Western IP systems in general don’t recognize these to the extent that they might. The ultimate goal of developing countries is not to block

Mitchell on Law

medicines or advances, but to be able to say, ‘Wait a second—we have contributed significantly to this, and we want our share of the benefits.’”

Most agree that harmonization provisions should ensure that technology transfer takes place on a fair, just basis.

But should they focus on narrow areas of patent law, or encompass broader areas that significantly affect how developing countries profit and benefit from their intellectual property? The PCT has managed to bring countries closer together by implementing a common set of procedural rules, Erstling says. Because every international search takes place on the basis of agreed-upon standards and definitions, individual countries are increasingly willing to rely upon a positive international search report in granting a patent because they assume it meets suitable patentability standards.

Two major shifts have occurred during his PCT tenure, he adds. A cultural shift has made the PCT process more userfriendly and better attuned to applicant needs and a patent-filer mentality. The PCT also has created a rich database and is moving toward a paperless system.

Efficiency has increased while costs decrease, although the large backlogs that still exist in some national patent offices make timeliness a continuing goal.

A shift in focus is also occurring, with the biggest growth coming from the East.

China, which didn’t have a patent system 23 years ago, now has one of the world’s largest, and Korea has become the fourth largest filer of PCT applications. Other emerging countries such as India are “quickly waking up to the notion that as their own industrialization advances, intellectual property is now in their self-interest. They’re participating more and more, but they’re also demanding that there be a fair balance in the way patent policy moves forward,” Erstling says. “With respect to the PCT, we want not only to bring more countries into the system, but also to make sure those countries benefit from being in the system. We want to meet increased PCT demand in a quality way.”

Yet gaps still exist in PCT membership, primarily in Africa and Latin America, and countries such as Thailand and Argentina, which have long considered joining the PCT, are still outside the system. In the

Spring 2007

United States, increased recognition of the importance of international protection has led both to increased use of the PCT and to a push for substantive harmonization as well as national patent reform. Companies welcome the streamlined simplification that a reliable, transparent, international process represents. Erstling foresees the possibility of significant reform, with the United States moving closer to the rest of the world by adopting a first-to-file policy, for example, and other countries adopting some U.S. law features, such as a grace period for disclosure.

“As the international patent process becomes so much more the norm, the realization that there has to be some solution to national discrepancies will grow,” he says. “International protection is really at the core. Everyone wants filing ease, clear rules about how applications are examined and granted, and a greater sense of certainty about patents that are issued. The closer laws come to each other, the less burdensome and costly that protection will be.”

Whether harmonization is in itself a worthy goal provokes endless debate.

“There’s something about diversity that we inherently value, something good about local flavor that needs to be honest, cherished, and retained. Yet we need to reduce costs to the consumer. It’s a tricky balance,” says Kenneth L. Port, head of William Mitchell’s intellectual property law program. “It seems to me that we’re rapidly harmonizing the IP procedure, but we’re held up on harmonizing the IP substance. And we’ve been held up on that for 130 years.”

Erstling doesn’t disagree, but neither is he discouraged. Given the recent strides and future hopes of the PCT, combined with the growing willingness of countries to participate in the international patent process, harmonization may be further along than it seems. “It’s almost as if it’s beginning to exist in practice,” he concludes. “The problem is that we can’t write it down.”

Top International Patent Applications 2006 1. Philips Electronics N.V. 2. Matsushita 3. Siemens 4. Nokia 5. Bosch 6. 3M 7. BASF 8. Toyota 9. Intel 10. Motorola

Top International Patent Applications

by Country 1.

2.

3.

4.

5.

United States Japan Germany Republic of Korea France

Cathy Madison is a freelance writer and editor based in Minneapolis. She is working on a memoir about her father, a Korean prison camp survivor, and the effects of war on future generations.

15

Behind Closed Doors: Lawyers

and the CIA

In the wake of unflattering news involving the CIA, the agency’s lawyers have come under fire.

16

Mitchell on Law

By Richard Broderick or most of us, the CIA conjures up images of spymasters and intrigue, of wheels within wheels and enigmas.

Peering into the inner workings of what is, after all, a large, bureaucratic government agency can be as difficult as deciphering the plot of Syriana, the George Clooney movie inspired, it so happens, by a book written by a former CIA officer.

In the popular imagination, the CIA is about the last place where one might expect to find lawyers thick on the ground. And yet lawyers have been an integral part of the CIA since its inception back in the late 1940s. Like their counterparts in the agency’s intelligence gathering operations, CIA lawyers tend to avoid the limelight.

They are forbidden to discuss most of what they do with outsiders (and even with most other CIA personnel) while employed by the agency. Even after leaving its service, they still must clear almost anything they write about their CIA experiences.

It’s just part of the life — and the mystique. As William Mitchell Associate Professor of Law A. John Radsan observes, “There are lots of mentions in the press of lawyers at the Justice Department and the Pentagon. I think the lawyers at the CIA are happy that they’re not subject to a lot of attention.” Radsan should know. Before joining the William Mitchell faculty in 2004, he was assistant general counsel at the CIA working in the agency’s Litigation Division.

Since leaving the agency, Radsan has emerged as one of a small number of former CIA lawyers to write critically and analytically about the role attorneys play at America’s premier spy agency. His recent article “Sed Quis Custodiet Ipsos Custodes: The CIA’s Office of General

Counsel?,” which will be printed in the Journal of National Security Law & Policy, examines the role of the CIA lawyer, covering many of the issues in this article, while also suggesting ways the CIA could foster better attorneys and a better legal environment.

While Radsan supports the overall mission of the agency, he raises trenchant questions about the proper balance CIA lawyers, especially in the upper levels of the CIA’s Office of the General Counsel, should strike when weighing the legal pros

a division head who reports directly to the general counsel. Legal work in the agency is doled out among five divisions: Administrative Law and Ethics, Litigation, Intelligence Support, Contracts Law, and Operations. But no matter what division an attorney is assigned to, all the lawyers at the CIA work in the Office of the General Counsel, whose director is a political appointee. In theory, a CIA attorney has a chance to work in several different divisions, but only if he or she stays on for more than a few years. Many lawyers, like Radsan, leave fairly quickly; he joined the agency in 2002.

“I enjoyed my time [at the CIA], though the aura and mystique evaporated rapidly,” he says. “When I left, it was with the feeling that I had been essentially a government bureaucrat.”

As a federal prosecutor, Radsan recalls, his job was to investigate and prosecute people who violated the law. In contrast, at the CIA, he spent much of his time acting as a liaison with the Justice Department on civil and criminal cases that might touch upon the CIA. “My job was to protect and keep information from being revealed,” he says. “In the end, I realized that those who find satisfaction working in the general counsel’s office tend to find it in the overall mission of the agency rather than in any individual cases they have handled,” he says.

For some CIA lawyers, the agency’s system of “compartmentalization,” in which information, including legal reasoning, can generally only be shared on a need-to-know basis, is itself a source of difficulty, being so at odds with the collegial give-andtake that’s an integral part of the law. In the absence of collaboration, some question whether attorneys can actually perform their duties to the best of their ability. If there have been questionable legal judgements made

Photo by Mike Krivit

“Many of us were cheerleaders for case officers at the agency the way corporate lawyers are cheerleaders for business leaders doing their deals.”

Spring 2007

and cons of agency policies: Should they be watchdogs, lapdogs, or something in between? In the wake of several years of unflattering news about or involving the CIA, from the legality of interrogation techniques to extraordinary renditions, there is renewed interest in not just what lawyers do at the CIA but how they should comport themselves within an organization operating on the outer limit of public oversight and accountability.

Currently, the CIA employs about 100 attorneys. Some, like Radsan, who served as an assistant U.S. attorney before joining the agency, are experienced lawyers. The agency also operates its CIA Legal Honors Program, hiring freshly minted attorneys right out of law schools.

As one might expect, there is a strict pecking order. Most attorneys begin as attorney-advisers. From there, they can work their way up to assistant general counsel, and finally to associate general counsel,

17

Behind Closed Doors: Lawyers and the CIA

by CIA attorneys in the past few years, it may very well be a result of this isolation more than anything else.

“When you argue a brief in court, you find out whether it’s any good or not,” says Radsan. “If you are working on a brief at the Department of Justice no one tells you not to consult with other members of the department. If you teach at a law school or work at a law firm or submit an article to a journal, you are constantly consulting with colleagues, getting feedback and advice.”

But opinions rendered within the general counsel’s office are not similarly tested. Even when reviewed by lawyers from the National Security Council or the White House, the attorneys in question tend to be a self-selected group, members of a team who identify — perhaps overly so — with the goals of the institutions they serve. “Many

of us,” Radsan says, “were cheerleaders for case officers at the agency the way corporate lawyers are cheerleaders for business leaders doing their deals.”

Of course, if a business deal goes sour and the legal advice offered by a corporate lawyer is unsound, sooner rather than later, the public gets to know about it. Can the same be said for the CIA? Not necessarily. And therein lies the unresolvable tension for lawyers working for a secret agency putatively serving the interests of an open society.

Richard Broderick is a former contributing editor to Minnesota Law & Politics and co-founder of the Twin Cities Media Alliance.

A. John Radsan builds National Security Forum at Mitchell A. John Radsan, a former federal prosecutor and assistant general counsel at the CIA, joined the William Mitchell faculty as an associate professor in 2004. A year later he founded the National Security Forum at William Mitchell College of Law. Through research, scholarship, and events, the Forum is one of the few places outside the Beltway that has been examining national security issues on a sustained basis.

As director of the forum, Radsan has organized several high-profile lectures, with speakers such as Frederick Hitz, former inspector general of the CIA; Edward MacMahon and Robert Spencer, lead attorneys in U.S. v. Zacarias Moussaoui; and William Daugherty, former CIA operations officer and American hostage in Tehran. Several events have aired on Twin Cities Public Television, and an April 2007 event, which focused on Islam and Judeo-Christianity, was produced in cooperation with Minnesota Public Radio.

Go to www.wmitchell.edu/national+security+forum for more information.

Pursuing the Balance Between Safety and Security

18

Mitchell on Law

Scholarships Change Lives

Full-time student Amie Penny, the recipient of the Patricia Ann Burke Scholarship and mother of triplets, recently spoke to a group of scholarship donors and recipients about how the scholarship she received has changed her life.

“First, receiving this scholarship allows me to work less, which means I’ve received the gift of time. As not only a law student, but a mom, this gift is invaluable to me.

For me, this means that I get to read my children more books, have extra cuddle sessions, and I get to attend their school carnival instead of working that night.

Second, receiving this scholarship gives me encouragement. Most, if not all, law students are smart and capable. Law school, however, is very challenging. For many law students, law school can be one of the first endeavors that doesn’t just come easily. It can really make you doubt your abilities. Enter the encouragement that being a scholarship recipient gives me. And it’s not just any scholarship. Instead it’s an individual, Ms. Burke, who is essentially telling me that she’s so thoroughly convinced that I’ll be such a valued addition to the legal profession, she’s willing to help finance my education. The power of that encouragement cannot be overstated.

Third, receiving this scholarship gives me the gift of incentive.

Because Ms. Burke has invested in me, which directly eases some of the stress and financial burden of law school, I want to give back by being a better attorney. Clearly, then, this scholarship impacts not only me and my family, but also my future clients, firm, and, ultimately, the legal community.”

Amie Penny

2L

William Mitchell College of Law

There are many ways you can make a difference in a student’s life. Call William Mitchell’s Institutional Advancement Office at (651) 290-6370 or email alumni@wmitchell.edu.

Spring 2007

19

Caring for an

20

Aging World Mitchell on Law

Worldwide, the population of older people over age 60 is projected to more than triple over the next half century. Professor A. Kimberley Dayton is researching long-term care solutions for this aging population.

By Cynthia Miller

Consider this paradox: In the

United States, under current Medicare regulations, a 100-year-old person with a heart ailment can be approved for a $100,000 pacemaker but not $20,000 in home-care services if he or she prefers living at home. Such skewed priorities are symptomatic of a health care system that hasn’t come to terms with the realities of an aging population and the need to finance long-term care.

William Mitchell Professor A. Kimberley Dayton, a leader in the field of elder law, is currently turning her lens on this problem and has teamed up with a group of international scholars to write a proposal for a book, titled Global Perspectives on Long Term Care, which will compare long-term care policies in different nations. As she points out, many countries that we think of as having a more socialized approach to health care aren’t dealing effectively with the issue, either.

In fact, long-term care is a new challenge for all of the more affluent nations, as life spans continue to lengthen. The need for such care typically occurs when people reach their 80s.

“Japan and the European nations are 15 to 20 years ahead of us in terms of dealing with the aging issue,” says Dayton. “Their populations are peaking now, because the birthrates in Europe and Japan were lower than ours after World War II. They don’t have the base of economic support in terms of a younger population that we have, so the problem is becoming critical earlier.”

Dayton notes that some nations, such as Germany, are trying to solve the problem by paying people bonuses to have more children, which in theory would strengthen the base of the

Spring 2007

population pyramid. However, the payments aren’t high enough to be an effective inducement. She finds it more useful to compare the approaches used by Japan, which has the oldest population, and Italy, which has the second oldest.

As Dayton explains it, Japan has created a new social insurance program for long-term care by levying an automatic payroll tax averaging around $30 per worker per month on taxpayers aged 45 and older. Longterm care is available to people 65 and older; with the amount of the benefit tied to their level of need.

Italy, on the other hand, has forced a lot of responsibility on families and encouraged immigration to supply a source of cheap service labor. Its policy is to make families pay for the care, a lead that the United States is currently following.

Dayton regards Japan’s approach as a more functional, compassionate model and believes it also presents a solution to the problem of money being siphoned from the Medicaid program. By imposing a small worker tax beginning at age 40 or 45 when people tend to have more disposable income, we could remedy the deficit.

She comments that Americans are not very well-educated about how social programs work, or we’d be better able to make decisions that affect our lives in any number of ways. She also notes that with Medicare, administrative costs are 2 percent, versus 25 percent with private health insurance, so allowing the private sector as much control as we do makes no sense at all.

The essays in Global Perspectives on Long Term Care will focus on financing efforts and public policy reform in Canada, Australia, and Israel, with possible chapters about Japan

and New Zealand, each written by a research scholar from that nation.

Dayton plans to write the introduction to the overview of U.S. policies. She has also written an article on the subject which is pending publication in the Canadian Journal on Elder Law and presented another article at a symposium at Marquette University.

Dayton’s intent is to influence financing efforts and reform of the current system by raising awareness, educating, and networking.

Professor A. Kimberley Dayton, who joined the William Mitchell faculty in 2006, was recently elected to the Council of Advanced Practitioners by the National Association of Elder Law Attorneys, in recognition of her pre-eminence in the practice of elder law. She is credited with pioneering the National Elder Law Network (NELN) Web site, www.neln.org, a first in this fast-growing field.

21

Small Practice

| The Inside Story

The decision to start a small or solo law firm usually hinges on a mix of logic and intuition — and a dash of the unexpected. We asked alumni to what degree their startup was planned and to what degree chance was a factor.

Do What You Love Partnership was not on the radar for Scott Dunham ’94. He says it was more of a natural progression. He originally clerked at a firm that did personal injury and loved the variety. After switching from a large to mid-size to small firm, solo practice was the natural next step.

His practice area also lent itself to solo practice. He remarks, “Personal injury tends to be more entrepreneurial, since you only make money if you win the case.”

Know Thyself — and Thy Clients!

For Lori-jean Gille ’79, a key career motivation that led to starting her own firm was her desire for in-depth knowledge about a business area.

Securities practice at a large firm, jumping from client to client, frustrated her. After holding general counsel positions at an HMO management company and a pharmaceutical company, a chance meeting led to project work for a former law school 22

colleague. She liked being independent and focusing on a select client basis and now specializes in representing pharmaceutical and device companies.

She says, “It’s much easier to give good legal advice if you really understand the business.”

Trust Your Gut — and Sometimes — the Guy on the Barstool Tom Plunkett ’95 always wanted his own practice as a criminal defense attorney, even before graduating from William Mitchell. However, chance connections led him to a job at a midsize firm, which he enjoyed so much he stayed for eight years, instead of the two he envisioned. After drinks one night with a seasoned criminal attorney and a street-savvy private investigator, he realized he needed to make the leap.

Four years later, he says, “It’s been a lot more hours, a lot more hassles, and a lot more fun. On occasion, there’s a little extra money, too.”

Honor Your Values To add to her experience in clinical psychology, Audra Holbeck ’00 knew she wanted her own family law practice someday. “But,” she writes, “I quickly discovered that litigation and family law go hand-in-hand.” Repelled by the mudslinging and nasty affidavits she encountered in family law, she

looked for a more effective, diplomatic approach to divorce, which she found with collaborative law. Clients liked the idea of staying out of court, which inspired her to start her own collaborative practice. Her practice now keeps divorcing parents out of the courtroom and helps them stay focused on their children, goals, and values.

Trust Harmony Fate played a hand when Jeff Gram ’04 and Jeremy Greenhouse ’03 met on their first day of law school. The two had a lot in common—both had graduate degrees in music and had worked as professional musicians.

They became fast friends and ended up playing in the same band—the Sweet Colleens. After graduating, they became associates at major law firms but experienced frustration with the lack of client contact and oversight and the long hours. The two decided to leave their big-firm jobs and hang out a shingle. Greenhouse & Gram was born June 1, 2006.

— Cynthia Miller Please let us know if there are subjects you would like to see explored in this Small Practice column and if you would be willing to share your perspective.

Email magazine@wmitchell.edu.

Mitchell on Law

Partner Track

| The Inside Story

The partner track at law firms is notorious for wreaking havoc on associates’ family and social lives. But is that still true? Are Mitchell alumni maintaining some balance?

Gina Sauer ’90, career coach and marketing director for The Representing the partner viewpoint, John Degnan ’76, with Esquire Group, a recruitment firm, vividly remembers a couple Briggs & Morgan since 2003, believes firms must be open to she knew while working as an associate 15 years ago. They different employment arrangements with lawyers to achieve were both litigators, up for partnership, and their nanny more diversity. “In order to make that work, firms and the quit unexpectedly. Their solution was to divide each day into individuals involved have to be open to creative arrangements alternating segments, allowing one “face time” at work that work for both,” he says. He urges associates to interview while the other was home — including a 3–8 a.m. shift! She carefully to make sure they understand what is expected of comments that such insanity is less common now because them and then think about whether that fits with their life associates currently on the partner track are often members of goals. “Be ready to work hard but still maintain a balance with Generation X, who are bringing your personal life,” he says. “That work-life balance to the forefront. is a constant tension for all busy “If anyone tells you having a Daniel Berglund ’03 and lawyers.”

Damien Riehl ’02, associates at family life won’t interfere, they’re By all reports, associates on the Robins, Kaplan, Miller & Ciresi partner track still struggle with with small children, typify the not being realistic. Something maintaining a work-life balance. trend. Berglund makes time in Berglund notes that many young has to give.” the morning to jog with his dog lawyers feel any time spent and hang out with his daughter, away from the firm is time they though he arrives at work later. Riehl leaves the office in time should be billing, which is hard on family life. However, many for dinner and works later at his home office. He writes, “The associates have alleviated some of the stress by seeking law flexibility that comes with legal practice is more conducive to firms that allow flexible schedules and telecommuting. And raising a family — knowing I can work sometimes from home some have found a better work-life balance through creative when my son can’t go to day care.” measures—moving the family meal to breakfast rather than Not all alumni are equally sanguine. Tiernee Murphy ’01 dinner or bringing their kids to work on the weekends, for says, “If anyone tells you having a family life won’t interfere, example. Finally, almost all the associates Mitchell on Law they’re not being realistic. Something has to give.” She left contacted spoke of the need for a good support network—a the partner track for a part-time assistant attorney general spouse, partner, family, or friends who understand the position, allowing her to cut back hours without giving up demands of the partner track. trial work. Typically, she spends Wednesdays at home, but by paying for full-time day care she can be at a trial, if necessary. ­— Cynthia Miller John Marsalek ’03 of Dorsey & Whitney comments that Please let us know if there are subjects you would like to see while partners in his firm are understanding about family explored in this Partner Track column and/or if you would be obligations, clients are less so. He finds himself weighing the importance of family events against professional commitments, willing to share your perspective. Email magazine@wmitchell.edu. but says it helps to communicate early about potential conflicts. Last year, when his wife’s concert performance conflicted with an intense negotiation, he mentioned the plan in advance, and everyone got an evening off.

Spring 2007

23

Alumni Profile

Steve Bonner ’72

Living His Decisions

Steve Bonner’s family tree

experiences at previous hospitals and the empowering experience they had is filled with lawyers—his grandfather, at CTCA.” father, and brother are all attorneys— CTCA now owns three hospitals so when he finished college, he, too, and one clinic—in Philadelphia, pursued the family tradition. He went Zion, Ill., Tulsa, and Seattle, has just to law school announced that it will build another But Bonner’s family tree may also in Phoenix, and is in the midst of have played a role in his post-J.D. negotiations to purchase another ambition to someday leave in Atlanta. The the legal profession and get growth is part of a a job in the business world. “I always knew I wanted to move out of the legal larger plan, Bonner “I really liked working role. ... I wanted to roll up my sleeves and step explains: To have one as a lawyer,” Bonner of CTCA’s hospitals says, explaining that into the middle of it. In business, I felt like I “within 300 miles for several years after of every later-stage earning his degree from could live the decisions.” cancer patient in the William Mitchell he was country.” employed as legal counsel began working there July 1, 1999.

It’s rare to find a job that satisfies for Prudential Life Insurance. “But I “When I showed up on the on both a personal and a professional always knew I wanted to move out scene, CTCA was a company with a level, but Bonner believes he’s found of the legal role. The role of a lawyer powerful mission and a compelling that at CTCA. is analyzing and advising. You are not model of care for cancer that hadn’t “We all have a personal living with the business implications found its way strategically,” Bonner connection to cancer somewhere,” he of the decisions you make, and I says. “It was going nowhere, but says, “and I’ve experienced enormous wanted to roll up my sleeves and step I believed in the mission, and in motivation having stood with many into the middle of it. In business, I felt the past eight years, we’ve shown CTCA cancer patients who have like I could live the decisions.” amazing progress.” told me that if it wasn’t for CTCA, Eventually, Bonner realized his The organization advertises directly they’d be dead. It is really a very rare dream of living the decisions, landing to cancer patients—not doctors—and opportunity in business to be able to a series of top management jobs people who travel to CTCA’s hospitals have that type of individual human at different corporations, including for treatment have usually already impact.”

The Prudential, Capital Holding, had unsuccessful cancer treatments Keyport Life Insurance Company, — Andy Steiner closer to home. “The thing that McGraw-Hill Companies, and now really connected for me with this job Cancer Treatment Centers of America was when I got to spend time with Andy Steiner is a St. Paul-based (CTCA). patients and hear about their negative freelance writer. She is a regular contributor to Mitchell on Law. In 1996, while working as 24

executive vice president of Keyport, he joined the board of the Cancer Treatment Centers of America, a network of treatment hospitals and clinics established to exclusively treat cancer patients. After serving on the board for three years, Bonner was asked to join CTCA as the organization’s president and CEO. He

Mitchell on Law

Gratitude

Getting Your Head & Heart Around Philanthropy

By Cynthia Miller Philanthropy is as much a perspective and attitude as it is an act of giving. It is a reflection not only of generosity, but also of a focused desire to make a measurable impact in our communities, society, and world. In his financial planning practice at Smith Barney, Bruce Nerland ’88 helps clients discern the many potential impacts of their gifts — from supporting a particular organization, to living out spiritual values, to leaving a legacy for families and communities. He shared his thoughts on philanthropy for this article.

What’s your motivation?

Nerland says the first step in philanthropy is to consider why you’re giving. Of course, philanthropy also can generate some benefits considered to be more quid pro quo, such as tax deductions and public recognition. It’s important to consider all the potential impacts of a gift to help prioritize the many philanthropic opportunities in today’s world.

How much should you give?

The amount of a gift is tied to many different factors. While most prospective philanthropists put a great deal of effort in assessing their financial capacity, it is just as important to assess the desired level of impact you wish your gift to have. Sound philanthropy balances these two critical issues. For example, while a modest annual gift can help an organization acquire short term resources, a large gift placed into an endowment can literally ensure excellence for perpetuity.

Have you talked with your family?

Communication between family members is essential to wise giving. Nerland says he encourages people to have family meetings to talk about assets, values, financial attitudes, and estate planning. Often those with the most resources pay the least attention to communication and dialogue, which can be very problematic when differences of opinion are present. Families can tap into many different resources to help them navigate these issues, including professional mediation of differences by trained advisors.

The power of connection According to Nerland, most people are naturally attracted to organizations that have changed their lives, and the lives of friends and family, for the better. Sometimes, the personal connection might be very short term (such as a hospital that helped a family member with an acute illness) or very long term in nature (such as an educational institution that fostered a successful career). Having a personal connection with a particular organization is also important because it allows a donor to leverage key contacts and relationships to ensure their gift will have the greatest possible impact.

Getting started As with any important decision, the best first step is to connect with a financial consultant who can inform you and help you make a decision that best addresses all the issues described above. When you’re ready to make a gift, development officers in the organizations you care about can help you discern the best way for you to achieve your philanthropic goals. To contact a development officer at William Mitchell, call (651) 290-6370.

Spring 2007

25

Class Notes John “Jack” T. Chapman ’62

1960

Llewellyn (Lew) H. Linde received the 1st Judicial District’s Annual Pro Bono Award for 2006 for his volunteer activities involving family law cases.

1962

Joseph S. Micallef rang the closing bell at the New York Stock Exchange.

1974

Stephen R. Bergerson was named one of America’s Premier Lawyers by Fortune magazine. He also authored a chapter in the newly released book Inside the Minds: Advertising and Marketing Law, which features thoughts from department chairs and senior partners from the country’s leading law firms.

Gregory A. Gaut co-authored with his wife the article “’Save the Lady’: The Struggle for the Winona County Courthouse,” which appeared in the Winter 2005/2006 issue of Minnesota History. He is associate professor and chair of the History Department at Saint Mary’s University in Winona, Minn.

John T. Chapman, founder of the Minneapolis firm that bears his name, Arthur, Chapman, Kettering, Smetak & Pikala, has retired. For the past 40 years, he has practiced in personal injury, catastrophe fire, property, and insurance matters.

He devoted much of his practice to complex multiparty products liability and automobile casualty cases, as well as arbitration and mediation.

1975

Robert M. Small was appointed to the 4th Judicial District trial court bench by Gov. Tim Pawlenty.

1976

Steven J. Cahill was appointed to the 7th Judicial District trial court bench by Gov. Pawlenty.

1978

Dennis J. Trooien left his real estate law practice and is pursuing his real estate investments and developments on a full-time basis through his company Dennis Properties.

1979

1980

Conrad I. Freeberg was appointed to the 7th Judicial District trial court bench by Gov. Pawlenty.

1982

Kenneth J. Abdo, founding partner of Abdo, Abdo, Broady & Satorius, Mpls., announced partnership with Lommen, Nelson, Cole & Stageberg, Mpls., to form Lommen, Abdo, Cole, King & Stageberg, a firm specializing in entertainment law.

1983

Thomas J. Griggs was appointed chair of the Arizona Board of Legal Specialization for the Arizona State Bar.

Gary L. Huusko was named 49th chair of the board by the Northern Dakota County Chamber of Commerce in Eagan, Minn.

John “Jack” Meyer ’58

After 20-plus years as the city attorney for Sauk Centre, Minn., Jack Meyer has retired. Meyer worked as a claims representative for an automobile insurance company while attending William Mitchell. After graduating, he moved to Sauk Centre and opened his firm. Establishing a law practice was

26

difficult, especially since Sauk Centre is 45 miles from the county courthouse, but he persevered and was successful.

Meyer and his wife, JoAnn, have three children. He says of the place where he spent his 48-year career, “Sauk Centre has been very good to me and my family.”

Mitchell on Law

Class Notes 1984

James L. Beattie is assistant general counsel for BEVCOMM, Blue Earth, Minn., a rural independent telecommunications company serving areas of Iowa and southern Minnesota.

Elliot A. Herland joined the Union Construction Workers’ Compensation Program as the dispute facilitator, Bloomington, Minn.

Kathy Mock was named the vice president of public affairs for Blue Cross and Blue Shield of Minnesota.

1985

William J. Egan has joined Oppenheimer, Wolff, and Donnelly, Mpls., as a partner practicing in the areas of labor and employment law and litigation.

James L. Forman received the Donald G. Balmer citation from Lewis & Clark College, Portland, Ore., which honors an alum who has rendered outstanding volunteer service to the college. He also co-authored the chapter “Importance of IP Audits” in the publication IP Value 2006.

1986

Elizabeth J. Keyes was named president of the Ramsey County Bar Association.

1987

T. Joseph Crumley joined Bradshaw and Bryant, Waite Park, Minn., as a shareholder.

Spring 2007

Sandra Trenda was promoted to vice president and general counsel of Great Clips, Mpls.

1988

Laurie L. Anderson was named assistant general counsel at Apogee Enterprises, Bloomington, Minn.

Dennis W. Erickson received the Public Attorney of the Year Award for 2006 from the MSBA. Lenor A. Scheffler was honored with the Turtle Award by the Minnesota American Indian Chamber of Commerce.

1990

Eric A. Aarseth was appointed to the Anchorage Superior Court bench by Alaska Gov. Frank Murkowski.

1991

Nancy E. Anderson has been named first vice president and planning director of the Wealth Planning Center of Smith Barney/Citigroup’s Global Wealth Management group in the Twin Cities.

Lance P. Bradley joined Shands Jacksonville as its first corporate compliance director.

Gina M. Brandt was appointed to the 4th Judicial District trial court bench by Gov. Pawlenty.

Peter D. Mikkalson is a sales representative for Mercedes-Benz at Feldmann Imports in Bloomington, Minn.

1992

Tammi A. Fredrickson was appointed to the 10th Judicial District trial court bench by Gov. Pawlenty.

Annette P. Friedley and her husband, Tarell ’85, celebrated nine years in practice as Tarell A. Friedley, Apple Valley, Minn. The firm specializes in family business succession planning and corporate tax.

Joseph P. Lally, vice president of strategic planning at Delta Dental Plan of Minnesota, was appointed to the Mendota Heights Planning Commission.

Susan L. Gasway owns and operates the new Kumon Math and Reading Center, Westport, Conn.

Courtney E. Ward-Reichard announced the birth of her daughter, Sarah Elizabeth, March 7, 2006.

1993

Richard L. Baum has received his masters of business administration from the University of St. Thomas, St. Paul. He is a marketing manager at West Publishing.

Judge Melissa Miller-Byrnes ’87 Melissa Miller-Byrnes, presiding judge for New Mexico’s Las Cruces Municipal Court, graduated from the Institute of Court Management through the National Center for State Courts. She is pictured with Chief Justice John Roberts, her husband, Bart, and her daughters, Megan and Robyn.

Read the magazine online @ www.wmitchell.edu/alumni

27

Class Notes 1993 (continued)

Stephen C. Kelly was named shareholder of Rosene, Haugrud & Staab, St. Paul. He practices in the areas of union employee benefits and commercial litigation. He lives in St. Paul with his wife Colleen (Dobie) Kelly ’95 and their four children, Seamus, Liam, Ciaran, and Keegan.

Gretchen A. Otto and Frank Pimentel welcomed their daughter, Johanna, into the world in July 2006. She joins three brothers.

1994

Michael J. Brandt has formed Brandt Criminal Defense, Anoka, Minn., focusing on criminal defense.

Michelle R. Jester of Messerli & Kramer, Mpls., received the 2006 Top Women in Finance award by Finance and Commerce.

Roger J. Stelljes published The St. Paul Conspiracy, his first novel.

1995

John S. Grayson joined M&I Bank as vice president of the Wealth Management Group.

Nnamdi Okoronkwo and Sabrina Okoronkwo announced the birth of their second child, son Grayson Nnamdi, October 6, 2005.

Nnamdi writes that Grayson came into the world very quickly, and the Minneapolis Fire Department nearly had the honor of witnessing his birth on the living room floor. He joined brother, Spencer, 18 months, who is very happy to have a younger sibling.

Krista and Douglas P. Spanier had a baby boy, Samuel Alexander, Nov. 8, 2005.

Markus C. Yira was board certified as a civil trial specialist by the MSBA and is currently practicing with Bradford-Yira in Hutchinson, Minn.

1997

Dayn A. Hansen joined Coldwell Banker Burnet Realty’s Highland Park, St. Paul, office as a sales associate.

Megan J. Hertzler was named assistant general counsel for Xcel Energy, St. Paul.

1996

James K. Littleton became city attorney for Greenwood, Miss.

Tracy L. Dauser joined Deer & Stone, Chicago, practicing in the areas of commercial litigation, real estate transactions, and family law.

Thomas K. Hagen was named one of Ten Outstanding Young Minnesotans by the Minnesota Jaycees. He is the assistant to the commissioner at the Minnesota Department of Commerce.

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Donald J. McPherson purchased Heartland Ford Mercury in Du Quoin, Ill. Will F. Stute joined Faegre & Benson, Mpls., as a partner in the business litigation group.

David L. Wilson ’97 and Cassondre K. Buteyn ’05 (shown above) married on October 8, 2005, in St. Paul.

1998

Dereck R. Brower became a partner at Michael Best & Friedrich, Milwaukee, Wis. Lisa Watson Cyr joined McCullough, Smith, Williams, and Cyr in St. Paul as an associate.

Jonathan G. Filas joined FINCA International in Washington, D.C., as its international corporate counsel and regional counsel for Africa.

Laura K. Graf was named partner at Parsinen Kaplan Rosberg & Gotlieb, Mpls.

Patrick T. Grove is a rule of law liaison in Vladivostok, Russia, for the American Bar Association/Central European and Eurasian Law Initiative.

He works with the Russian Bar Association and supports law reform activities in Europe and Eurasia.

Shayne M. Hamann joined Arthur, Chapman, Kettering, Smetak & Pikala, Mpls., as an associate.

Steven B. Mayeron was elected shareholder of Leonard, Street and Deinard, Mpls.

Edward G. Woodland was elected mayor pro-tem of Eagle, Colo.

Mitchell on Law

Class Notes 1999

Gregory J. Bucher joined Stoneberg, Giles & Stroup, Marshall, Minn., as an associate in business law and litigation, estate planning, and agricultural law.

Kevin R. Coan was named partner at Parsinen Kaplan Rosberg & Gotlieb, Mpls.

reporter for the Vladivostok News, an online Russian English-language newspaper.

Shawn and Nichol (Miegel) Harris celebrated the birth of their first child, Aubrey, on Dec. 14, 2005.

Hilary D. Marden-Resnik was appointed vice president of human resources for Hennepin County Medical Center, Mpls.

Jefferson C. Pappas joined Messerli & Kramer, Mpls., as an associate in the credit and collections group.

Michael J. Mahoney has been named vice president of government affairs for Essentia Health in Duluth, Minn.

Brian L. McMahon announced the formation of McMahon Law Firm, St. Paul.

Karen E. McMahon was named principal at Gray Plant Mooty, Mpls.

Kimberly A. Small joined the Illinois Association of School Boards as a policy consultant.

Anne C. Towey formed Anne C. Towey, a child-focused practice located in Edina, Minn.

2002

Vicki K. Anderson married Aaron Wait on Oct. 7 in Taylors Falls, Minn.

Jeffrey M. Bruzek joined Trepanier & MacGillis, Mpls., as an associate attorney, practicing in commercial litigation, bankruptcy, and employment law.

Diane M. Dodd opened Dodd Law Offices in St. Paul. Her practice focuses on criminal defense, with an emphasis on juvenile law.

Michelle D. Mitchell and her husband, Kai Hovde, had a baby girl, Liv Hovde, on Oct. 25, 2005.

Aaron P. Frederickson announced the birth of his daughter, Eden LaNae, June 1, 2006.

2000

Jennifer D. Henderson was appointed lead lawyer for the Cargill Value Added Meats and Cargill Meat Logistics Solutions business units of Cargill Meat Solutions Corporation, Wichita, Kan.

Kassi E. Grove relocated to Vladivostok, Russia. She works as a professor at Far Eastern State University Law School within the International Department teaching the U.S. Judicial System. She is also an editor and

Spring 2007

Jamie and Kip Knippel announced the birth of their second son, Thomas Keegan, Feb. 22, 2006. He joined brother, Kip, 2.

Barbara J. Leiran announced the opening of Metro Mediation, Consulting & Legal Services in St. Paul.

Metro Mediation specializes in family dispute resolution.

Erica L. (Thompson) Roettger and her husband, Philip, welcomed their first child, Luke Aaron, on July 7, 2005.

Thomas A. Sieben opened Sieben Law Office, Mendota Heights, Minn., which specializes in criminal defense.

2003

Molly McGinty Borg joined Briggs and Morgan, Mpls., practicing in the business litigation section.

Mary E. BriedĂŠ joined Murnane Brandt, St. Paul, as an associate. She practices in the areas of general insurance defense, asbestos litigation, and premises liability.

Jill A. Liska joined Sargent & Lundy, an international engineering firm in Chicago, as an associate counsel.

Robin J. Moulin Radke and her husband, Rich, welcomed their daughter, Ann Louise, May 23, 2006.

Samuel S. Rufer joined the Pemberton Law Firm in Detroit Lakes, Minn. He is the third generation of Rufers at the law firm.

Jon R. Schindel joined Steingart, McGrath & Moore, Mpls., as an associate.

Tracy E. Tracy joined Medica, Minnetonka, Minn., as associate general counsel.

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Class Notes 2004

Deborah E. Arndell is the chief compliance officer, bank secrecy act/anti-money laundering officer, CRA officer, and investment advisor officer for Ameriprise Financial’s new bank in New York City.

Sara N. Dady has relocated to her hometown of Rockford, Ill., where she practices immigration law.

Rachel K. Fitzgerald joined DiRenzo & Bomier in Appleton, Wis. Mary C. Kilgus is assistant district attorney for Lycoming County in Williamsport, Pa. Jodi L. Lindor joined the law firm of Wilford & Geske, Woodbury, Minn., as an associate, practicing in the areas of mortgage banking, creditor’s remedies, and real estate.

Capt. Louis K. Romain is deployed with the Minnesota Air National Guard in the Middle East. He provides aeromedical evacuation for U.S. Central Command.

Melissa A. (Jensen) Saunders joined Dunlap & Seeger in Rochester, Minn., as an associate in the area of estate planning.

Brian Thatcher is an officer/legal advisor with the Phoenix Police Department.

2005

Chad E. Bayse has returned to his native city of Apple Valley, Minn., to join Severson, Sheldon, Dougherty & Molenda as an associate in the areas of commercial, banking, and real estate law.

Jeff Ehrich joined Leonard, Street, and Deinard, Mpls., as an associate in their products liability group.

Rebecca L. Kuehn joined Honsa & Michales, Mpls., as an associate working in family law.

M. Ryan Madison announced the formation of Madison Law Firm, a general practice focused on estate planning, landlord/tenant, and family law, in Inver Grove Heights, Minn.

Reed T. Mahlke joined Pemberton, Sorle, Rufer & Kershner in Fergus Falls, Minn.

Nicholas B. Schutz moved to Duluth, Minn., with his wife and daughter to work as an attorney with Brown, Andrew & Signorelli, practicing in the areas of estate planning, general civil litigation, and family law.

2006

Ellen A. Brinkman joined Briggs and Morgan, Mpls., as an associate in the business litigation section.

Leigh K. Currie joined Leonard, Street and Deinard, Mpls., as an associate attorney, focusing on administrative and environmental law.

Dawn M. Isackson joined the business litigation group at Messerli & Kramer, Mpls.

Signe L. Levine joined Leonard, Street and Deinard, Mpls., as an associate attorney, focusing in commercial real estate.

Cassandra R. Hoffmann joined McCullough, Smith, Williams and Cyr in St. Paul as an associate.

Andrew J. Steil joined the credit and collection group at Messerli & Kramer, Mpls.

Daniel J. Supalla joined Briggs and Morgan, Mpls., as an associate in the business litigation section.

Dustin E. Thornburg joined Kennedy & Nervig, in Wadena, Minn., as an associate.

Keep Us Posted: Send your Class Notes updates to magazine@wmitchell.edu or fill out the online form at www.wmitchell.edu/alumni. You can also fax (651) 290-6461, call (651) 290-6370, or mail your updates to Mitchell on Law, 875 Summit Ave., St. Paul, MN 55105. We (and your classmates) look forward to hearing from you!

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Mitchell on Law

Obituaries 1940

William R. “Bill” Arneson (St. Paul College of Law), 95, Madison, S.D., died Dec. 15. Practiced law in Madison for over 50 years. Served as a state senator, 1961–64. Survived by daughters Gayle Pierson and Mary Whealy.

William G. “Bill” Finley (St. Paul College of Law), 94, St. Paul, died Oct. 12. Longtime attorney. Survived by children George and Mark.

1951

Justice George M. Scott (Mpls.– Minnesota College of Law), 83, died May 25.

World War II veteran.

Involved in writing the first searchwarrant applications and Miranda warning cards as Hennepin County attorney, 1955–73. Minnesota Supreme Court justice, 1973–87.

Survived by wife, Joyce; children Dan, Neil ‘75, George, Brian, and Sheila.

1953

Earl W. Nordgren (Mpls.-Minnesota College of Law), 84, Edina, Minn., died Sept. 27. World War II U.S. Army veteran. Survived by wife, Pattiann.

1954

Seth S. Stoltz (St. Paul College of Law), 77, Dodgeville, Wis., died in Dec. Spent 20 years with the Wisconsin Public Defender Program, serving Iowa, Grant, Richland, and Lafayette counties. Survived by wife, Janice; children Sarah, Eric, and Alex.

Spring 2007

William Paul Scott (St. Paul College of Law), 77, Pipestone, Minn., died Aug. 29. Served in the Korean War and made the Incheon Invasion. Probate and juvenile judge in Sibley County, Minn. public examiner, Sibley County attorney, and Pipestone city attorney.

Survived by wife, four sons, and a stepdaughter.

1976

1957

Clark A. Tuttle III, 56, New Ulm, Minn., died Aug. 7. Worked as assistant Brown County attorney for 22 years.

Partner at Berens, Rodenberg & O’Connor, New Ulm, and then Brown County assistant attorney. Survived by wife, Wendy; children Samantha and Charlotte.

Cranford “Pete” A. Ingham, 78, Naples, Fla., died June 30. Served as a paratrooper in the Korean War. Worked at State Farm Insurance for 45 years and retired as vice president and general counsel. Survived by wife, Barbara; children Deborah, Nancy, Sally, and Barbara.

Daniel W. Hergott, 56, Eden Prairie, Minn., died Oct. 30. Practiced with Hanley, Hergott and Hunziker and later with Dunkley and Bennett, Minneapolis. Survived by wife, Gail; children Nick and Katie.

1977

1978

1958

LeRoy F. Werges, 88, died March 23, 2005.

Larry J. Klun, 54, Ely, Minn., died Nov. 20. Longtime Ely city attorney. Survived by wife, Judy; children Kelly, Lauren, Barbara, and Thomas.

1959

1980

Howard A. Knutson, 77, Burnsville, Minn., died Oct. 1. Practiced law for 40 years and served as Minnesota state representative, 1967–72, and state senator, 1973–90. Survived by wife, Jerry; children David ‘86, Doug, Eric, Annette, and Amy.

1961

Paul M. Joyce, 74, Phoenix, Ariz., died March 6, 2006. Served as an officer in the U.S. Army for two years during the Korean War and practiced law in Arizona. Survived by wife, Theodosia; children Christopher and Jennifer.

1964

Paul A. Welter, 72, Mpls., died Jan. 6.

Joined Merchant & Gould in 1965 and had a long and distinguished career in trademark law. He worked there until 2005. Served on William Mitchell’s board of trustees. Survived by wife, Phyllis ’79; children Eric and Darren.

Milton S. Lysdahl, 81, Mpls., died Oct. 4. Served in the U.S. Navy during World War II. Retiree of IDS/American Express.

Survived by wife, Beverly; children Jan, Jill, and Holly.

1984

Glenn E. Hendrix, 54, Mpls., died Nov. 22, 2005. Most recently employed at Thomson West. Survived by wife, Shirley Yeoman.

2003

Paula Elizabeth (Happe) Thomas, 49, Spirit Lake, Iowa, died Nov. 1. When her two sons were in their teens, she returned to school to obtain a bachelors degree and a J.D., fulfilling a lifelong desire to practice law and own her own firm. Survived by husband, Brian; children Chad and Grant.

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To the Point Message from the Dean

The Perfect Bridge Bridges have always fascinated me. The ones that get it right have a perfect balance of elegance and engineering. If a bridge is all science without the art, you just have an ugly, functional bridge. If it’s all art without the science, you have a beautiful bridge that will fall apart.

Finding the right balance seems to apply to all aspects of life. You’ve read in this issue about alums striving for a work-life balance and countries balancing cultural needs versus the need for patent law. At William Mitchell we’re working to find the right balance of new initiatives to work with our historic strengths.

For example, we have • Hired seven new outstanding faculty members who will begin teaching at Mitchell this fall.

• Welcomed a talented new leader to our career development office.

The Perfect Bridge

• Made raising money for student scholarships a priority.

I look forward to sharing with you more about William Mitchell in magazines to come. Thank you for your involvement.

Allen K. Easley, President and Dean

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Photo by Doug Beasley

President and Dean Allen K. Easley is a bridge aficionado. His favorite bridges in the Twin Cities are the Stone Arch Bridge (pictured) and the Third Avenue Bridge.

Mitchell on Law

A Campaign That«s Still Giving William Mitchell’s capital campaign ended two years ago, but everyone in the Mitchell community is still reaping the rewards. Here are just a few ways.

Classrooms The 14 new and renovated classrooms have hosted 470 student courses 20,383 students and laptops

“The new classrooms make it much easier for students to see and hear, enhancing their learning experience.

The technology allows me to project statutes, cases, Web pages, and other images on large screens, which allows us to work collaboratively.

Students say that they really like each classroom’s combination of comfort and technology.” ­– Professor Eileen Roberts

Scholarships 72 new scholarships were created by the campaign, giving 304 more financial awards to students.

“The scholarship was vital to my decision to attend William Mitchell.

It is unlikely I would have been able to attend Mitchell without it.

More importantly, I place high expectations on myself, strengthened with the knowledge an individual donor chose to invest in me. It is an honor that I take great pride in.”

– Randall Ryder 1L

Student Center

The campaign created a beautiful student center at the heart of campus. Since its opening 37,173 cups of coffee have been purchased 10,665 Rice Krispie bars have been eaten 408 evenings have been spent by the fireplace 16,425 hours of open study space has been available Thousands of friendships (and at least one engagement) have been formed

“Before the renovation and addition, there wasn’t that much space for students to ‘hang out.’ Now I see students using the student center to catch a meal, study before, during, and after classes, visit with friends, catch something on TV, sleep...anything that a William Mitchell student might need to do that doesn’t involve sitting in class. I think the entire space helps William Mitchell provide a great atmosphere that any law student would want to have available. What an improvement!”

– Steve Hennessy 4L

www.wmitchell.edu/alumni

Thank you to all those whose gifts are making a big difference.

Visit Your Alma Mater @ www.wmitchell.edu

If you can’t visit campus, William Mitchell’s Web site is the next best thing. Visit us online to learn the latest college news and happenings and connect with other alumni.

On the home page, you will find a listing of current news, upcoming events, and links to lectures and the events calendar.

From the home page, click on the tab Alumni.net for alumni news, photographs from alumni events, this alumni magazine, and access to the alumni online directory.

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