Discovery Summer 2018 % Volume 4, No. 2
the newsletter from washington and lee university school of law
ALUMNI IN MANAGEMENT:
The Challenges and Rewards of Leading Complex Law Firms BY LINDA EVANS
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he days when a young law school graduate could hang up a sign and start a practice are rapidly becoming old school. More and more, from the vantage point of several Washington and Lee Law School alumni, law is becoming a big business. Law firms have become complex organizations needing expert leadership to meet challenges and move strategically into the future. TOM MITCHELL ’93L, chair of the management committee at Moore & Van Allen in Charlotte, North Carolina, finds himself dealing nearly full time with such issues as compensation, recruitment, budgeting and marketing. “Strategic growth and recruiting are a big part of the job,” he said. Mitchell has transitioned his financial services practice to younger partners and spends his time on business development and firm management – “making sure things are moving in the right direction” for the firm, which represents a variety of blue-chip clients, including nine of the 12 Fortune 500 companies headquartered in North Carolina. Overseeing a large, multi-location firm is “a balancing act between management and practice,” says LARRY BARDEN ’82L, management committee chair since 2014 at Sidley Austin, in Chicago. “I love staying close to client work, but my partners remind me that I also have a responsibility to them and the firm,” which has grown to 20 offices in 10 countries, generating $2 billion in gross revenue last year. Consequently, he splits his time between advising clients and corporate boards and his firm responsibilities. Having been involved in practice management and the firm’s executive committee for 20 years, Barden describes his latest role as not only overseeing firm performance, but also leading the firm’s strategic direction, looking for growth opportunities and recruiting lateral partners. Taking the business model to another level, JOHN KLINEDINST ’71, ’78L has a law degree and an M.B.A. Knowing he always wanted to go into business — even while in law school — he opened a one-person law firm in San Diego in 1983. Klinedinst PC now has 70 lawyers in five California locations. Klinedinst serves as CEO and oversees an executive committee of four members, with each branch office run by a
managing shareholder. Unlike management partners at most larger firms, Klinedinst and his management team continue practicing as active lawyers, which “gives you a much better understanding of changes taking place in the legal market; you are closer to trends, and
LIZANNE THOMAS ’82L, partner-in-charge of the South U.S. Region for Jones Day, in Atlanta, jokes that her job is “70 percent client work, 70 percent management and 70 percent other responsibilities.” She and her management colleagues in the firm’s other regions “are expected to be active practitioners
“I love staying close to client work, but my partners remind me that I also have a responsibility to them and the firm.” –Larry Barden
able to manage and adapt to maximize success,” he said. While there have been numerous overtures for him to sell or merge with other firms, Klinedinst has resisted, believing attorneys at his firm can grow faster with more hands-on experience than at a bigger firm, while also having expanded opportunities to take on vital leadership roles.
and do management around the edges.” She represents public companies on such issues as mergers and acquisitions and fiduciary issues, while overseeing her geographic region (offices in Atlanta, Dallas and Houston) and serving on the partners committee. (continued on page 4)
Law Alumni Weekend 2019 is April 12-15! Celebrating reunions for the law classes of ’69, ’74, ’79, ’84, ’89, ’94, ’99, ’04, ’09 and ’14, as well as our Legal Legacies (any alum who graduated more than 50 years ago).
Commencement 2018 The School of Law celebrated its 163rd commencement on May 5, awarding 114 juris doctor degrees. “Take Washington and Lee with you into the world and you and the world will be better for it,” said President Will Dudley. “You are well prepared to practice a noble profession successfully and with honor. ” Brant Hellwig, dean of the Law School, congratulated the students on their achievement and also thanked them for their many contributions to the life of the school, both inside and outside the classroom. He expounded on the concept of what it means to be an honorable practitioner of law, a phrase that helps anchor the School’s newly adopted mission statement. “Honor certainly encompasses individual qualities such as integrity, honesty, and dependability,” said Hellwig. “These attributes are central to the legal profession you are on the cusp of entering, and these values simply cannot yield in the face of pressures to zealously advance the interests of your client or, perhaps at an even more practical level, pressures to satisfy the demands of your boss.” “Your professional identity — based in large part on your internal code of ethical and professional conduct — that is an asset that you create,” he added. David B. Wilkins, Lester Kissel Professor of Law at Harvard Law School, delivered this year’s commencement address. Wilkins began his remarks by reminding students that as the name suggests, commencement truly is a beginning rather than an end. “After you return your cap and gown and say your tearful goodbyes to the friends you have made here, promising to stay in touch — which I hope you do — it will indeed hit you that this is a beginning, it’s the beginning of the rest of your so-called life and, in particular, your career as a lawyer.” An expert on the legal profession, Professor Wilkins is vice dean for global initiatives on the legal profession and faculty director of the Center on the Legal Profession and the Center for Lawyers
Commencement speaker David Wilkins of Harvard Law School.
Professors Hernandez Stroud and Kish Parella lead the Class of 2018.
“There are whole new fields of law that basically didn’t exist when I was a law student,” said Wilkins. “And there are many other areas that are being remade by technology. All of this has created enormous
“Take Washington and Lee with you into the world and you and the world will be better for it. You are well prepared to practice a noble profession successfully and with honor.” –Will Dudley, President and the Professional Services Industry at Harvard Law School. In his talk, he spoke of the importance of lawyers in today’s increasingly complicated and fast-changing society.
Happy graduates, Kendall Manning and Chris Losito during commencement exercises.
opportunities and new careers, for you.” Wilkins then broadened his perspective, observing that the increasing polarization in society can only be solved by a willingness to reach across
divisions to build bonds of community and trust with others, and he argued that lawyers have a special responsibility to engage in this work. “As professionals, lawyers have been given special responsibility for the laws and institutions that our founding fathers believed would hold this country together,” said Wilkins. “But lawyers are also citizens, who often assume important leadership roles throughout society, including, of course, as elected and appointed officials, often at the very highest levels of our government.” “Given these important positions of trust, it is especially critical that lawyers in their professional work, leadership roles, and even in their private lives work to preserve and extend the legal framework and fundamental rights that are so essential to our constitutional democracy.”
AWARDS John W. Davis Prize for Law
Charles V. Laughlin Award
(highest cumulative grade point average) KATHERYN PAIGE THOMAS
(outstanding contribution to Moot Court Program) THOMAS W. GRIFFIN III
Academic Progress Award
Randall P. Bezanson Award
(most satisfactory scholastic progress in final year) JACQUELIN NOEL HACKER
(outstanding contribution to diversity in the life of the Law School community) IAN ROBERTS
Virginia Trial Lawyers Association Award (effective trial advocacy) CHRISTOPHER CLAYTON BREWER
Roy L. Steinheimer Jr. Commercial Law Award
(excellence in the area of family law) MEREDITH M. TOOLE
(excellence in commercial law) ALEXANDRA SHINSEI HAKUSUI DEVIN C. WHITE
American Bankruptcy Institute Medal
Calhoun Bond University Service Award
Barry Sullivan Constitutional Law Award
(significant contribution to the university community) CRAIG ALAN CARRILLO MELINDA KATHERINE SHEILD
(excellence in constitutional law) KATHERYN PAIGE THOMAS
Frederic L. Kirgis Jr. International Law Award (excellence in international law) JEAN MARIE CHRISTY KENDALL P. MANNING
National Association of Women Lawyers Award (outstanding woman law student) JEAN MARIE CHRISTY HOLLIE NICHOLE WEBB 2
Virginia Bar Family Law Section Award
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(excellence in the study of bankruptcy law) IAN ROBERTS
James W. H. Stewart Tax Law Award (excellence in tax law) GREGORY TERRANCE FUNK
Thomas Carl Damewood Evidence Award (excellence in the area of evidence) COREY MARTIN LIPSCHUTZ
A. H. McLeod-Ross Malone Advocacy Award (distinction in oral advocacy) JOHN STERLING HOUSER
Student Bar Association President Award (recognition for services as president of the Student Bar Association) CATHERINE ELIZABETH WOODCOCK
Clinical Legal Education Association Award (outstanding clinical student) GABRIELLE LEINA’ALA ONGIES
Criminal Law Award (excellence in the study of criminal law) KATHERYN PAIGE THOMAS
Administrative Law Award (excellence in the study of administrative law) MARTHA GOODWIN VÁZQUEZ
Business Law Award (excellence in the study of business law) ALIX MYER SIROTA MARK X. ZHUANG
FIORELLA HERRERA ’18L
SARA LAMNECK ’18L
CHRIS LOSITO ’18L
JOHN FLUHARTY ’18L
CAREER PATHS: WHERE ARE THEY GOING? Below are some selections from our blog series on the job outcomes of the Class of 2018. Got a lead on a job for a W&L Law graduate? Contact Cliff Jarrett (jarrettc@wlu.edu) in the Office of Career Strategy. While at W&L, FIORELLA HERRERA ’18L represented immigrants through the Immigrant Rights Clinic, externed at the Immigration Legal Services within Catholic Charities of Baltimore through the D.C. Program, was a board member of the Public Interest Law Students Association and participated in the NYU Law Immigration moot court competition. I will be clerking for the York, Pennsylvania Immigration Court as part of the Department of Justice Honors Program. In immigration courts, law clerks are not usually assigned to one judge. Typically, the law clerks rotate through judges and are assigned to cases depending on their deadlines. Duties may vary by judge, but generally include research and writing on legal issues pending before the judge, drafting legal opinions, and acting as a liaison between the judge and attorneys. I wanted to clerk with an immigration court to immerse myself in immigration law, observe the inner workings, understand a judge’s decision-making process, and hone my research and writing skills. I am very excited about my placement in the York Immigration Court because the docket there deals heavily with criminal law and how it intersects with immigration law — also known as “crimmigration.” The York court is housed in the same building as a detention facility, so I am
looking forward to exploring issues specific to detainees. SARA LAMNECK ’18L was a law ambassador and participated in internal and external moot court competitions. After graduation, she will enter the Army JAG Corps. My father served in the Air Force, and I have other family members who have also served, so I was familiar with the military. Even though the Army did not have a formal 1L internship program, I wanted to extern with them to confirm that it was the path I wanted to pursue after graduation. Between participating in PT, conducting legal research and assisting trial counsel, I really enjoyed my 1L summer at Fort Campbell. I hope to be placed at a bigger installation so that I have the opportunity to see and interact with a wider variety of issues. Generally, most JAG officers get the opportunity to work in legal assistance, admin law, operational law and military justice. W&L has a great legal research program that has helped me prepare for my legal career. Having the opportunity to work collaboratively with my peers, and also participate in moot court activities, has helped me become more comfortable and confident about speaking in front of others.
Strong JAG Placement, 10-Month Employment Highlight W&L Law Graduate Report
W&L Law JAG Class of 2018 (l. to r.): Emily Springer (Army), Sara Lamneck (Army), Andrew Logan (Army), Taylor Rafaly (Army), Mark Dewyea (Marines), Jacob Thayer (Coast Guard), Nicholas Schaffer (Army), Grimes Waybright (Marines)
The employment report for the Class of 2017, available online at https://columns.wlu.edu/lawfeatures/, was prepared in accordance with requirements of the American Bar Association and includes summary data about the employment status of the 99 graduates in the class.
CHRIS LOSITO ’18L was a lead articles editor for the Washington and Lee Law Review, as well as a hearing advisor. He will be working for Norton Rose Fulbright US LLP, in New York City, as a litigation associate in the financial institutions group. I think the most useful classes or experiences were those that helped me develop my legal research and writing skills, particularly the first-year small sections and writing classes. During my second year, I fulfilled the writing requirement by working on a student Note for the Law Review. It required me to leverage a number of different sources and assemble them into one cogent piece of writing. I am looking forward to learning more about law at Norton and putting into practice the skills I learned while at W&L Law. The core skills, researching, writing and communicating, are all things I look forward to developing. One of my favorite memories of my time at W&L Law came at the beginning of my second semester. Grades from the first semester had just been posted, and I wanted to speak with one of my professors about how I could improve. Professor Buchhandler-Raphael met with me and took me through my exam. She could see I was clearly disappointed with myself, and took extra time to reassure me. I left that meeting confident and ready for the semester ahead.
JOHN FLUHARTY ’18L spent his 1L summer in a bicameral clerkship in the U.S. Senate and House, and his 2L summer working for Allen & Overy in London. I will be working as an associate in Allen & Overy’s international capital markets practice group, which has a group of U.S. attorneys working on international securities transactions that involve a relationship to parties in the U.S. When I interviewed with Allen & Overy, the partners explained that the U.S. practice in London was like “a small firm within a large one,” which I found to be the case when I worked as a summer associate. The practice group acted as a close-knit group of lawyers but was supported by the knowledge and infrastructure of a larger international firm. In that respect, it was easy to form close relationships with others in the firm while also taking advantage of the benefits of being in such a large and diverse firm. London is an exceptionally multicultural and diverse city, with many opportunities. I lived in London for several years, so I am excited to move back to the city and take advantage of everything it has to offer. Also, being close enough to the European continent to make a quick weekend trip every once in a while will provide a nice break to a new associate’s work schedule.
Data from the Office of Career Strategy (OCS) show another year of strong performance in employment rates for the Class of 2017. The report measures employment 10 months after graduation. According to the report, 83.8 percent of the class has secured a full-time job that either requires bar passage or for which a J.D. degree is an advantage. This makes W&L the second-ranked law school for employment in the Virginia, Maryland and D.C. market for the second straight year. OCS also is reporting positive employment news for the Class of 2018. Over 60 percent of the class is already employed in J.D.-required or-preferred jobs, with time remaining for more students to finalize their post-graduate plans. In particular, this year’s graduating class has enjoyed tremendous success with placement in U.S. Armed Forces JAG positions. In all, eight students will go into JAG positions, including five to the Army, which has one of the most competitive selection processes. The report shows graduates working in a diverse range of jobs. Fifty-three percent of those employed are heading to law firms, and more than a quarter of those will be working for Big Law, typically firms with over 500 lawyers. Eleven percent are working in government and 6 percent in public-interest jobs, such as legal aid offices. One particular area of strength for W&L Law has always been placement in federal and state clerkships, and this remains the case for last year’s graduates. Twenty-six percent of those employed are clerking, including placements in the U.S. Court of Appeals for the Fourth and the Sixth circuits, and federal district courts in New Mexico, Washington and West Virginia, as well as state courts in California, Colorado, Delaware, Florida, Maryland, New Jersey, Pennsylvania, South Carolina and Virginia. These 99 graduates are employed in 23 states and one foreign country. The top geographic areas for employment are Virginia, the District of Columbia, and New York.
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Leading Complex Law Firms At Jones Day, “every lawyer is a member of a geographic section and also of a practice group, which has a leader.” Those leaders, who serve on the partners committee, advise on a range of issues, including compensation. A larger advisory committee communicates the firm’s successes back to their offices. Thomas sees the role of managers of complex organizations, such as her firm’s 40 offices worldwide, as making sure the organization is run well and values are communicated and enforced. “We have a very clearly articulated set –Tom Mitchell of values; we live, talk about and use them every day.” She picks one value each year — such as integrity, courage and loyalty — and talks to practice and geographic groups around that theme. Frost Brown Todd’s ROBERT SARTIN ’95L works out of the firm’s Nashville, Tennessee, office, one of 12 offices in eight states. He was elected chair of the firm in December 2017 and began his new duties in January 2018. The first chair of his firm not to come from larger offices in Louisville, Kentucky, or Cincinnati, Ohio, he is waiting to see where the balance of management and
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Their advice to law students thinking about a leadership position? “Earn your credibility as a practicing lawyer, sweat the details and exceed expectations,” said Lizanne Thomas. Showing curiosity about the “bigger whole” is key to developing quickly and being relied upon by the partners, she says. “Management is an outgrowth of having earned that credibility and showing and developing good judgement.” Two elements critical to success as a manager include being “master of your craft” and developing relationships, said Sartin. “The rest will take care of itself.” He also advises lawyers to look for opportunities to lead teams and show a willingness to serve. Mitchell agrees, adding that integrity, honesty and great competence in your area of expertise are important. Klinedinst encourages law students to take as many business and employment-related courses as they can. “Get involved in groups and organizations that allow you to grow your leadership skills,” he advised. Also, he said, getting involved in political opportunities while in school will enhance public speaking skills.
“You can’t campaign for it. You need to garner the respect of the partners.”
Larry Barden ’82L
John Klinedinst ’71, ’78L
practice will fall. For now, he is spending about 90 percent of his time on management functions and is transitioning his clients to other lawyers in the firm. As chair, he “oversees strategic planning, growth, lateral recruiting and industry teams” — mostly externally focused; the firm’s CEO is more internally focused. SANDY THOMAS ’93L, global managing partner and executive committee chair at Reed Smith, in Washington, D.C, went from overseeing the worldwide litigation department to his current role overseeing all of the firm’s 1,700 lawyers in 27 offices in nine countries. Although not as involved with litigation as before, he spends a lot of time with clients — “the first and most important part of the job,” he says. Describing what he does as a “contact sport,” he travels often to spend quality time with clients. Back at home, he wants the firm to feel and operate like a partnership. The firm’s senior management team (five partners, the COO and himself) is responsible for day-to-day –Sandy Thomas management, strategic development; promotion, evaluation and compensation; and the financial success of the firm.
CHALLENGES IN A CHANGING ENVIRONMENT As leaders of their firms, these six alumni are in the best position to see how the environment for legal services is changing. At the top of the list, says Barden, is the increasing growth and sophistication of in-house legal departments at top companies. He also sees a growing competition between law firms and in-house legal departments. In-house legal departments can also serve as an ally, said Lizanne Thomas. “They are extraordinarily talented and critical to the success of a company.” Clients are now “increasingly sophisticated on judgments of value they are receiving,” said Sandy Thomas at Reed Smith. “They have become more and more discerning buyers.” Some companies are also hiring contract lawyers to save money. Even during the economic recovery, “clients are looking for more efficient services,” said Mitchell. “We need to be proactive to keep and grow work.” Law firms, too, are utilizing contract attorneys. Mitchell pointed to his firm’s growing investigations practice, for which they hire contract lawyers to keep costs lower for the client. Another challenge is the way technology is changing how firms operate. On the plus side, technology is helping junior lawyers get up to speed quickly, said Lizanne Thomas. The flip side is that technology is performing some of the tasks that used to be delegated to new lawyers, said Sartin. Leaders of law firms need to learn about artificial intelligence and how to apply it to the legal profession. Technology impacts many aspects of running a firm, said Barden – everything from when and where to recruit to how to look at real estate. While AI might eliminate some jobs, Klinedinst says it also creates work for lawyers because of potential legal concerns of the technology. “If an area becomes anachronistic, another area opens up.” Another challenge leaders face is diversity, said Lizanne Thomas. “We value that mightily.” She points to more than a dozen offices led by women to show her firm’s commitment “to pure meritocracy.” With lots of lawyers coming out of
“The legal business is a relationship business. W&L lends itself to developing those relationships.”
BECOMING A LEADER Except for Klinedinst, who founded his firm, the other alumni achieved their top positions through election or promotion. Lizanne Thomas was promoted to firm-wide administrative partner before being promoted to partner in charge of the Atlanta office. She was subsequently promoted to partner in charge to lead the firm’s offices in Atlanta, Dallas and Houston. Mitchell, Sandy Thomas, Sartin and Barden attained their positions through elections. They agree that in order to move into a leadership role, a lawyer must attain the trust and confidence of the other partners. “You can’t campaign for it,” said Mitchell. “You need to garner the respect of the partners.” When his firm’s former chair was ready to step down, he approached Mitchell about taking on the role. He then was elected to a three-year term. 4
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Tom Mitchell ’93L
good law schools, firms also must find ways to distinguish themselves, said Sartin. “You have to explain what your value proposition is to the client and the organization.” Global expansion, the delivery model, and the balance between in-house and external law firms are trends that Barden has seen develop during his 20 years in leadership roles. Managing that complexity and the overall growth of the firm, along with building relationships with clients and seeking their feedback, has kept him –Robert Sartin on the go (flying 200,000 miles per year) as he leads nearly 2,000 lawyers into the future.
THE WASHINGTON AND LEE EFFECT “My Washington and Lee education has been probably the greatest factor in opening doors to my success,” said Lizanne Thomas. She looks back on her law school days with fondness, noting that’s not the case with many lawyers coming from other law schools. “We were challenged and stressed, but the professors knew us as people.” Mitchell pointed to the intimate learning environment and the emphasis on integrity as hallmarks of a W&L education. The small size leads to collaboration and teamwork. “Those are the kinds of folks who succeed at our firm,” he said. “The legal business is a relationship business,” said Sandy Thomas. “W&L lends itself to developing those relationships.” The use of the Socratic method of teaching made Klinedinst “well prepared for practice.” Because of his W&L education, “the first time in front of a judge was easier.” Some young lawyers don’t have training on “twisting” — or flipping
“You have to explain what your value proposition is to the client and the organization.”
WORK-LIFE BALANCE Even with the enormous responsibility of leading a law firm, Mitchell still finds time to coach a ninth-grade AAU basketball team and serve on the Law Council at W&L. “This sends a good message to the other lawyers,”
Robert Sartin ’95L
Lizanne Thomas ’82L
he said. “We want everybody to be productive” on the job, but the firm encourages a balance between work and life outside the office. “We are quick to recognize when a lawyer is working too hard and provide assistance to avoid overworking one person,” he said. The firm is supportive and flexible with associates and offers a telecommuting option. Reed Smith launched a wellness program for lawyers and staff. “Our business demands a lot of us; the wellness program took this head-on,” said Sandy Thomas. “Programs address workplace stress, addictions, abuse issues and the effects of highly demanding work.” Sartin said that a work-life balance that is out of equilibrium is “not sustainable or healthy.” It will impact service to the clients, who view the firm “as an expensive part of the team.” Finding that perfect balance is a tough challenge, –Lizanne Thomas he said. Sometimes a lawyer has to “course correct” and understand that perfect equilibrium is not always attainable. At Jones Day, lawyers can balance long work days with time off, said Lizanne Thomas. The firm supports “health first, family second.” Lawyers can also work part-time schedules when needed to take care of health or family issues. Another way that large firms balance the stress of client work is to encourage lawyers to take on pro bono work, giving them an opportunity to help alleviate legal situations for those less fortunate. At Reed Smith, pro bono “is our largest client,” said Sandy Thomas. He personally has worked on global refugee and asylum issues. “It is a tremendous initiative worldwide,” he said. At Frost Brown Todd, pro bono work “is part of our DNA,” said Sartin. “We expect to give back to our community.” Barden said his firm does over 100,000 hours annually of pro bono work on both the national and local levels. “We want to make a difference in our communities.” The firm’s lawyers are encouraged to serve on local nonprofit boards. “It is an essential part of what we do.”
Sandy Thomas ’93L
arguments in the midst of a trial — a necessary skill that he learned at W&L. Klinedinst tries to replicate W&L’s Honor System at his firm, and he notes that in his experience at an urban graduate school, where he earned his M.B.A., professors were there for advantages they got from being in the city. W&L is a “teaching school,” he says. “Professors focus on the students.”
THE PROBLEM SOLVERS Mitchell enjoyed being a finance lawyer for the past 25 years, but is finding his new role as managing partner “rewarding and stimulating”. He misses the day-today transactional work representing large financial institutions — “closing deals and getting to agreements” — but every day presents new challenges, often positive. Lizanne Thomas has never been bored. “The work is thrilling and fascinating.” She enjoys solving problems and feeling effective. Representing corporations, whose work provides the source of a better lifestyle for all, is important to her. Sartin also enjoys being a problem solver and trusted advisor. As a manager, he wants to help his firm become a better service provider. Barden is motivated by the chance to lead an “organization that has incredible talent, prospects and history.” He enjoys making strategic decisions and watching them play out. “It is motivating and satisfying” he said to use his finance and corporate law background to manage a legal firm and work with its talented lawyers and staff. “I like working with people,” said Klinedinst, “my clients, opposing counsel, even the judges.” He likes that his firm is people-oriented, while training is technical and research oriented. Being a lawyer is “a great way to make a living,” said Sandy Thomas. “We are able to work with our minds and interact with smart people.” He said it’s a “dynamite time to go to law school. The demand for quality lawyers has never been higher.”
“My Washington and Lee education has been probably the greatest factor in opening doors to my success.”
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NEWS BRIEFS
CHARU KULKARNI ’18L WINS OLIVER WHITE HILL PRO BONO AWARD
The team of JOSEPH ISENBERG ’19L and DANIELLE PHILLIPS ’19L was named National Champion at the Uvaldo Herrera National Moot Court Competition hosted by the Hispanic National Bar Association. This is the second consecutive year that a team from W&L has been named National Champion of the event. The team, members of the school’s Latin American Law Students Association, competed against teams from 30 other law schools. In addition to their overall victory, Phillips was named best oral advocate in the competition. The problem for competition was modeled after the Masterpiece Cakeshop case that was argued earlier this year before the U.S. Supreme Court. The judges of the final round included a federal district court judge and two judges for the U.S. Court of Appeals for the Ninth Circuit. In winning the competition, the students brought home a $13,000 scholarship award for the school for the team win and an additional $3,000 for capturing the best oral advocate award.
CHARU KULKARNI ’18 received the Oliver White Hill Law Student Pro Bono Award from the Virginia State Bar. She is the fifth W&L Law student to win the award. After graduation, she will join the Defender Association of Philadelphia as an assistant public defender. Kulkarni spent her 1L summer as a domestic relations intern at the Atlanta Legal Aid Society, where she appeared in Fulton County Superior Court and successfully argued a case to grant a temporary protective order for a domestic violence survivor. Later that summer, she worked for Greater Boston Legal Services in its immigration unit, researching asylum law and working with clients seeking asylum in the U.S. She spent her 2L summer as a law clerk with the Virginia Capital Representation Resource Center, doing legal research and factual investigation for clients. A particular focus was developing and presenting
LUISA HERNANDEZ ’18L ARGUES CASE BEFORE FOURTH CIRCUIT COURT OF APPEALS
LAW STUDENT WINS PRESTIGIOUS WRITING AWARD
STUDENTS WIN NATIONAL UVALDO HERRERA MOOT COURT COMPETITION FOR SECOND STRAIGHT YEAR
a campaign for executive clemency on behalf of a man whose crime was the result of severe mental illness. During her 3L year, Kulkarni served as a student attorney in the Virginia Capital Case Clearinghouse. There she helped launch the clinic’s new pro bono project, providing representation to an aging cohort of Virginia prison inmates who remain parole-eligible because they were sentenced before the state abolished parole in 1995. Kulkarni also achieved the first success of this new initiative, winning parole for a 70-year-old man who had served 40 years in prison. In addition to her strong commitment to pro bono service, Kulkarni has served as the Black Law Students Association’s historian and also as a member of its mock trial team. In addition, she served as vice president for community service for the Public Interest Law Students’ Association and as a senior articles editor for the German Law Journal.
LUISA HERNANDEZ, who came to the U.S. at age 13 from Venezuela, has wanted to be a lawyer since she was 5-yearsold. Her dream became reality this year when she argued a case before the U.S. Court of Appeals for the Fourth Circuit. Hernandez was a student attorney in W&L’s Black Lung Clinic, which represents coal miners diagnosed with pneumoconiosis, also known as black lung disease, in their pursuit of benefits from the coal companies they worked for. In this case, Hernandez appealed the denial of a survivor’s claim; the claimant was a widow whose husband spent 40 years working in coal mines. As in many of the cases the Black Lung Clinic takes on, this one has a long and complicated history. W&L Law students have been working on it for roughly a dozen years, and the case has moved back and forth several times between the administrative law judge and the benefits review board. When benefits were finally denied, the clinic appealed to the Fourth Circuit with an opening brief written by Max Gottlieb ’17L.
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Hernandez received the case last summer and authored a reply brief to the court. Then, in a rare move, the Fourth Circuit granted a request for oral arguments in the case, leaving Hernandez about six weeks to prepare, despite a heavy caseload in the clinic and her other classes. “This work really helps you focus on the fact that your client is your top priority, that they come first,” said Hernandez. “This is something that Professor Tim MacDonnell, our clinic director, always emphasizes.” Hernandez noted that the court typically takes several months to release a decision, and while the outcome in this case is far from certain, W&L Law students have prevailed in the federal appeals courts in the past, winning 10 appeals in the last 10 years. While she awaits the decision, Hernandez will prepare for the next stage of her life, as a litigator at the New York City Law Department, the entity that represents the City of New York, its officials and agencies in all affirmative and defensive civil litigation.
How do you know your Law Review Note is up to snuff ? Winning two prestigious awards is a good acid test. That’s exactly what SHAUN BENNETT’S ’18L piece, “Whistling Loud and Clear: Applying Chevron to Subsection 21F of Dodd-Frank,” has accomplished — garnering second place in the Association of Securities and Exchange Commission Alumni’s Writing Competition and receiving The Roy L. Steinheimer Law Review Award from the W&L Law Review. After graduation, Bennett will be clerking for Justice Stephen R. McCullough of the Supreme Court of Virginia. An intriguing development that makes Bennett’s Note even more noteworthy is that the Supreme Court recently issued an opinion on the underlying case, Digital Realty Trust, Inc. v. Somers. On Feb. 21, 2018, the Supreme Court held that the anti-retaliation whistleblower protections under the Dodd-Frank Act apply only to those who have reported allegations to the Securities and Exchange Commission at the time of the claimed retaliatory
conduct. The Court’s ruling was premised on the plain language of the Dodd-Frank Act and its definition of a whistleblower. The decision effectively reversed the Court of Appeals for the Ninth Circuit’s previous ruling that Somers, who had been fired after reporting alleged securities violations within the company but not to the SEC, could pursue a retaliation claim against his former employer. The Supreme Court took exactly the same approach that Bennett advocated for in his Note — an impressive testament to the soundness of his legal reasoning. “I could not help but take some satisfaction in the Supreme Court’s opinion,” says Bennett. “In my Note, I argued that the court should employ the Chevron doctrine and refuse to grant deference to the SEC’s interpretive rule. The court did just that, and for many of the same reasons I set forth in my Note — I was exhilarated when I first read the opinion.” —by Mark Dewyea ’18L
Law Alumni Weekend APRIL 13–15, 2018
Cassel Adamson ’65L, John Roberts ’68L, Mark Davis ’56, ’58L, Bob Stroud ’56, ’68L, Hardin Marion ’55, ’58L, Paul Dunbar ’65, ’68L, Dave Adams ’65, ’68L, Bob Duvall ’68L, Gil Faulk ’68L, Dean Brant Hellwig, Joe Brown ’68L, Parker Denaco ’68L, Harvey Savitt ’68L and Chuck Neustein ’68L.
Class of ’83L
Class of ’13L
Several hundred W&L Law alumni and guests returned for this year’s reunion celebration. During the awards ceremony on Saturday, Dean Brant Hellwig announced the recipients of the Outstanding Alumnus/a Award, Volunteer of the Year Award and a new honor, Young Volunteer of the Year Award. PARKER DENACO ’68L received the Outstanding Law Alumnus award for exceptional achievements in his career and unselfish service to his community and his alma mater. Denaco was the first executive director of the Maine Public Employee Labor Relations Board, later to be renamed the Maine Labor Relations Board. While at the Maine board, Denaco was instrumental in the training and preparation of court mediators, Parker Denaco ’68L (right) receives served as president and vice president his award from Dean Brant Hellwig of the Association of Labor Relations and Elizabeth Branner. Agencies, and was a founding member and director of the New England Consortium of State Labor Relations Agencies. Denaco’s “How Mediation and Fact Finding Break Deadlocks” and later articles on the organizational composition of bargaining units and the use of unit determination hearings were starting points on what had previously been a barren road map. He has been an arbitrator/mediator/fact finder in more than a dozen states and has mediated settlements for bargaining units in excess of 10,000 employees, several on a statewide basis. Denaco was inducted into the University of Maine’s chapter of Beta Gamma Sigma, the international business honor society; received the ABA Labor and Employment Law Section’s Distinguished Service award for 14 years of service as neutral co-chair of the Committee on State and Local Government Collective Bargaining and Employment Law; and received a Special Recognition Award from the The Maine Supreme Judicial Court. In 2012, he received the American Bar Association’s Arvid Anderson Public Sector Labor and Employment Lawyer of the Year award.
HOWARD T. WALL ’83L received the 2018 Volunteer of the Year award. In the 35 years since he graduated from W&L Law, Wall has served on reunion committees, including the current one. He has served as a guest speaker to the health law society, and taught health care law at the Law School. Wall is the executive vice president and chief administrative officer, general counsel and secreHoward T. Wall ’83L (right) with tary of RCCH HealthCare Partners, Dean Brant Hellwig. a Tennessee-based operator of 17 non-urban regional health systems in 12 states. Wall was recognized for his achievements in the field of health care law by being included in the first health care listing in the publication, The Best Lawyers in America, in 1989, and in all subsequent editions, until he left private law practice in 1997. The Law School’s newest alumni award, Young Volunteer of the Year, was presented to MATNEY ROLFE ’14L, who was unable to attend the event. A member of the Young Alumni Council, Rolfe has wholeheartedly accepted the call to assist our students in their job searches. The past couple of years, she facilitated the hiring of six students in summer internships and two young alumni in full-time positions, through her position as clerk to The Hon. Loren A. Smith of the U.S. Court of Federal Claims in Washington, D.C.
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Endowed Chair Lectures
Sam Calhoun
Robert Danforth
Joshua Fairfield
SAM CALHOUN, Class of 1960 Professor of Ethics Professorship Lecture “Separation of Church and State: Jefferson and Lincoln Both Show It Was Never Intended To Separate Religion From Politics” Professor Sam Calhoun’s address considered an issue he has encountered in teaching the Abortion Controversy Seminar. One class session is devoted to the role of religious values in the abortion dispute. Several times over the years, students have expressed themselves along these lines: “I’m personally pro-life on abortion because I believe that life is a gift from God. Abortion is therefore wrong because it takes a human life. But I’m politically pro-choice on abortion because our country is committed to the separation of church and state. It’s not right for me to impose my religious views upon another person.” Calhoun has always been puzzled by this stance because he has never believed that separating church and state was intended to separate religion from politics. He points out that the abolitionist and civil rights movements, for example, were largely motivated by Christian values: “These pivotal human rights campaigns are now heralded parts of American history. Should they instead be viewed negatively because they violated the principle of separating church and state?” He answers, “no,” and asserts that it’s perfectly fine for religious citizens to rely on their faith in advocating solutions to public policy disputes. Calhoun’s address, which will be published by the Washington and Lee Law Review online edition, contained a three-step argument. First, the founders, as exemplified by Thomas Jefferson, never intended to separate religion from politics. Second, religion and politics have been continuously intermixed ever since the nation’s founding. Abraham Lincoln’s opposition to slavery is a prominent example. Third, there are no other convincing reasons for barring faith-based arguments from the public square. Because Calhoun is a Christian, his address emphasizes Christianity. But his defense of the appropriateness of religious values in public life isn’t limited to Christianity. He believes that those of all faiths are free to bring their faith-based values to the public square. BOB DANFORTH, John Lucian Smith Jr. Memorial Term Professorship Lecture: “Sweet Briar College and the Law of Trusts” Professor Bob Danforth presented a public lec-
ture in honor of his appointment to the John Lucian Smith Jr., Memorial Term Professorship. The lecture described Danforth’s involvement in the litigation over the threatened closure of Sweet Briar College in 2015. Opponents of the closure, led by the Amherst County Attorney, filed suit in the Amherst County Circuit Court, arguing that the closure violated the Virginia Uniform Trust Code because the college was a charitable trust and, as such, was obliged to seek judicial approval of a modification of its terms under the cy pres doctrine. However, the trial court dismissed this claim, ruling that the college was nonstock corporation subject only to the business judgment rule, under which the actions of the president and the board of trustees were presumptively proper. The county attorney sought expedited review of this ruling by the Supreme Court of Virginia and invited Danforth and two other professors of trust law, Professor John Donaldson, of The College of William & Mary, and Professor Rodney Johnson, of the University of Richmond, to file an amicus brief in support of the county attorney’s appeal. Danforth and his colleagues’ amicus brief explained how the college could be both a charitable trust and a non-stock corporation. The college was created under the will of Indiana Fletcher Williams, who died in 1900. The terms of the will named several individuals as trustees and set forth the terms of a charitable trust, for the purposes of creating and operating in perpetuity a college for the education of young women. The will also directed the trustees to obtain a special charter from the Virginia General Assembly, for the creation of a non-stock corporation, Sweet Briar Institute, which would succeed the individual trustees in administering the assets used to form the college. Danforth’s brief argued that the proper reading of Mrs. Williams’s will was that the institute merely succeeded the named individuals as trustees and that the purpose of the special charter was to have a trustee — in this case, a corporation — that could act in perpetuity. The supreme court reversed the trial court’s order, albeit on more narrow grounds than those argued by Danforth in his brief. Nevertheless, during proceedings before the trial court on remand, the court indicated that the views expressed in the amicus brief were correct and that the charitable trust did
not cease to exist upon formation of the non-stock corporation. Ultimately, the case was settled and a new president and board were appointed to continue the operation of the college. JOSHUA FAIRFIELD, William Donald Bain Family Professor of Law Chair Lecture: “Can Law Keep Up?” As do-it-yourself biohacking, election engineering and cryptocurrencies cast shadows across the legal landscape, the critical question is: Can law keep up? Silicon Valley’s informal motto is: “move fast and break things.” In a new line of thinking recently laid out in the William Donald Bain Family Chair Lecture, Professor Joshua A.T. Fairfield developed a new theory that might permit legal systems to move faster by not breaking things. Fairfield pointed out that the question of whether law can keep up with technology is nonsense, since law is itself a form of technology, termed “social technology.” Just like a marriage, or the word “reasonable” in a language, words and cultural traditions can act as small pieces of social technology. A post office acts as a router for information; a water cooler acts as a hub for conversation. Legal rules are social constructs suspended in a medium of language, said Fairfield. And once clearly seen for the social technology that they are, legal rules can be studied using the standard rules of science. This collapses the question of “Can law keep up with technology?” into the far easier-to-answer question of whether technology can keep up with technology. It can, and it should. Building on Lon Fuller’s notion that law is the enterprise of subjecting human conduct to rules, Fairfield’s theory treats laws that no longer impact or affect human conduct as evolutionary dead ends. It is no wonder that the legal landscape is littered with failed attempt to regulate technology. That is not the sign of a failed process. Rather, technology acts as an adverse selector to some laws. Those laws no longer impact human society, and as rules they have no impact on the world. On the other hand, those laws that survive the adverse selection force of technology are the kind of rules that are robust in the face of technological change — rules such as legal reasonableness. Those rules will give us the foundation for building a kind of law that can keep up with technology.
Toronto, Florida International University in Miami, The College of William & Mary, and the University of Zagreb in Croatia. While in Croatia he also lectured on the extraterritorial application of U.S. law in a program held in Dubrovnik. In March he spent time in Beirut, Lebanon, at the invitation of the U.N., where he taught international criminal law at law schools and a military academy. In addition, he spoke at conferences and delivered public talks in San Francisco, Toronto, Amsterdam, The Hague and Montreal and also served as external reviewer for a Ph.D. defense on child soldiers held in Geneva, Switzerland. He continues to work in the area of child soldiers, and is helping draft a military policy manual for the “Organization for Security and Cooperation in
Europe” and is co-editing the “Research Handbook on Child Soldiers.”
FACULTY ACCOLADES DAVID BALUARTE delivered a lecture at UC Santa Barbara as part of the series “Critical Issues in America,” entitled “Citizens of Nowhere: The Case for Embracing the Stateless.” His new article “Sovereign Restraint: Examining the Durability of the ‘Right to Migrate’ in Argentina” is forthcoming in the Florida Journal of International Law. Baluarte proposed the topic for the W&L Law Review’s annual Lara D. Gass Symposium, “President Trump’s Executive Orders and Emergent Issues in Immigration Enforcement,” and organized the speakers for this event in spring 2018. MARK DRUMBL began a new project on the destruction of cultural property as a war crime. He presented this research to law faculties at York University in 8
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In February MICHELLE DRUMBL presented “Tax Attorneys as Defenders of Taxpayer Rights in the United States” at the Journal of Tax Administration symposium in London. She also published a commentary on the Cheshire v. Commissioner decision in “Feminist Judgments: Rewritten Tax Opinions,” an edited volume published by Cambridge University Press, and co-authored a chapter, “Understanding the Earned Income Tax Credit,” for the 7th edition of the ABA Section of Taxation’s reference manual, “Effectively Representing Your Client Before the IRS.”
SARAH HAAN presented her forthcoming article, “The Post-Truth First Amendment,” at the sixth annual Yale Freedom of Expression Scholars Conference in New Haven, Connecticut, and at Wake Forest University School of Law. BRANT HELLWIG presented at the Florida Tax Institute in February on “Exiting a Partnership: Comparing the Tax Consequences of Cross-Purchases and Redemptions.” J.D. KING was selected as a member of the Virginia Criminal Justice Conference, a group of judges, academics, defense lawyers and prosecutors seeking to improve the state of criminal justice in Virginia. During W&L’s Law and Literature Weekend Seminar, he spoke on the topic of “ ‘Good Character and Bad Company’: Criminality and Punishment in Charles Dickens’s ‘Great Expectations.’ ” His article “Privatizing Criminal Procedure” is forthcoming in the Georgetown Law Journal. JAMES MOLITERNO presented his forthcoming paper, “Independence without Accountability: The Harmful Consequences of EU Policy toward Central and Eastern European Entrants,” at Fordham Law School. He is co-authoring the paper with three Slovak colleagues, Peter Curos, Lucia Berdisova and
Jan Mazur, all of whom visited Lexington following the New York conference. He presented at the AALS annual conference in San Diego regarding his “Experiencing” casebook series, and in particular, the second edition of his book “Experiencing Civil Procedure.” At the invitation of Andrew Atkins ’11L, he participated in an ABA Roundtable Teleseminar on issues of lawyer-client privilege. In Ukraine, he is working with a team of professors to design a model of professional responsibility course for the country’s law schools. In Georgia, his work is wide-ranging and includes continuing work on lawyer discipline with the country’s Lawyer Ethics Commission and work with a law school on the design of a new professional responsibility course. BRIAN MURCHISON’S article, “The Visibility Value of the First Amendment,” was published in the William & Mary Bill of Rights Journal. This academic year, he chaired the Commission on Institutional History and Community, whose report was released to the W&L community on May 18. He co-organized this year’s interdisciplinary Questioning series, featuring university-wide lectures and discussions. KISH PARELLA published “Reputational Regulation” in the Duke Law Journal. She presented her work in progress, “Public Relations Litigation,” at the 2018
Yale/Stanford/Harvard Junior Faculty Forum at Harvard Law School and at the annual meetings of the American Law and Economics Association and the Society for Institutional and Organizational Economics. She will present a second draft, “Compliance as a Bargain,” at a number of workshops this upcoming summer, including Northwestern University’s Global Capitalism and Law Colloquium and the Institute for Global Law and Policy’s 2018 conference at Harvard Law School. DOUG RENDLEMAN published two articles in the Washington and Lee Law Review, “Rehabilitating the Nuisance Injunction to Protect the Environment” and “Commercial Bribery: Choice and Measurement within a Remedies Smorgasbord.” CHRIS SEAMAN’S article “The DTSA at One: An Empirical Study of the First Year of Litigation Under the Defend Trade Secrets Act” (with David S. Levine) was published in the Wake Forest Law Review. His article “Toward a Federal Jurisprudence of Trade Secret Law” (with Sharon K. Sandeen), which was originally published in the Berkeley Technology Law Journal, was selected for inclusion in the 2018 edition of the Intellectual Property Law Review by Thompson Reuters (West) as one of the top articles related to IP law published within the past year.
Students, faculty and staff gather to applaud Professor Grunewald after his last class.
Professor Mark Grunewald The “consummate Law School citizen” takes a bow. Professor MARK GRUNEWALD, James P. Morefield Professor of Law, sometimes jokes that he “came with the building” when Sydney Lewis Hall opened in 1976. This spring, after 42 years of selfless dedication to the Law School and its students, Grunewald taught his final class before retiring from the full-time faculty. A graduate of Emory University and George Washington University Law School, Grunewald practiced for two years with the Arent Fox firm in D.C., where he specialized in labor law. From there he moved on to the Justice Department, Office of Legal Counsel. His duties with the Justice Department included serving as a legal advisor to the various departments within the Executive Branch. He established himself as an expert not only in labor and employment law, but also in administrative law, as well. He has undertaken extensive research on the Freedom of Information Act and its application and, more recently, examined the origins of this legislation through an oral history project. During his long tenure on the faculty, Grunewald wielded the laboring oar for the School frequently and with great skill. His service includes a four-year stint as associate dean for academic affairs from 1992-96 and two terms as interim dean, first in 1999-2000 and again in 2010-12. This latter period, one of the most challenging for the legal industry and legal education as a whole and for the law school in particular, epitomized the calm but focused leadership Grunewald brought to the post. In a Washington and Lee Law Review tribute, former W&L Trustee and Law Committee chair Jack Vardaman ’62 wrote, “I will never forget how in the
midst of this chaotic time, with faculty and students wondering about employment and the board wondering about the Law School’s future, Mark, with his calm and deliberate manner, projected a confidence that was contagious.” The Law School thrives today in no small part because of Grunewald’s dedication, both in the long term and short term. But as Professor Robert Danforth noted in another tribute, Grunewald’s list of accomplishments as dean understates the value of his service to W&L Law. “The intangibles that accompany Mark’s leadership are difficult to articulate,” wrote Danforth. “Attributes such as honor, trust and judgment come to mind. I and many others count the times that we worked with Mark as dean as among the most satisfying experiences of our professional lives. This is true in large part because Mark cares about and holds in high regard the people he works with, and he demonstrates that care and regard in a myriad of ways — he listens carefully and respectfully, he is quick to praise and to give credit to others, and he is quick to acknowledge his need for advice. He is honest, fair, and loyal. “But most of all, Mark is the consummate Law School citizen, willing to give more than he takes and always with the best interests of the School at heart.” Grunewald’s retirement plans include more travel with his wife, Sally. Having already visited Tanzania, the Amazon and Antarctica, their next trip will take them to Borneo. But those remaining in Lewis Hall certainly hope that the venerable structure that Grunewald helped open and fill with so many great memories has not seen the last of him.
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CLASS UPDATES AND SUCCESS STORIES
DAN GOLDMAN ’11L
Leading Northern Virginia Capital Defender Office BY MARK DEWYEA ’18L
It’s no secret that law students read a lot. Whether or not they retain every single page is a different story. Ask any attorney, however, and they’ll tell you that during their three years of legal training, certain gems of judicial brilliance they stumbled across have stuck with them — a reminder of why they wanted to become a lawyer in the first place. For DANIEL GOLDMAN ’11L, the first W&L Law alumnus to head one of Virginia’s four regional capital defender offices, that inspiration comes from Justice Hugo Black’s opinion in Gideon v. Wainwright: “[I]n our adversary system of criminal justice, any person hauled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him. This seems to us to be an obvious truth.” Goldman began law school with aspirations of pursuing a career in indigent criminal defense. During his 3L year, he received the Oliver White Hill Law Student Pro Bono Award. Goldman amassed over 100 hours of volunteer service during each of his three years at W&L, including helping to revive the Southwest Virginia Innocence Project; teaching in Roanoke’s Street Law Program; co-founding the W&L chapters of
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the National Lawyers Guild and the Middle East and North Africa Law Society; and serving as a student attorney in W&L’s Virginia Capital Case Clearinghouse. He also clerked with the Public Defender Service supporting attorneys in felony trials. All of his hard work has paid dividends in his legal career. Goldman now serves as the lead capital defender for the Northern Virginia Capital Defender Office. The office delivers capital defense services through a staff of dedicated attorneys, mitigation specialists and investigators, and office manager, as well as contracting with outside fact investigators, mental health professionals, and other experts. The office emphasizes team-based defense and a holistic approach to questions of culpability and mitigation. While Daniel admits that the work can at times be “emotionally draining and often sad,” he finds his role particularly rewarding due to the countless opportunities he has to “build relationships of trust and friendship with my clients and help them find hope in what at first appears to be a completely hopeless situation.”
managing partner of the firm’s new Baltimore location.
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1974L Gregory N. Stillman retired from Hunton & Williams. He lives in Virginia Beach, Virginia.
David Timmins joined Husch Blackwell LLP as a partner. He lives in Dallas.
1993L 1978L The Rev. Keith D. Boyette was named president of the Wesleyan Covenant Assoc. He lives in Spotsylvania, Virginia.
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Thomas L. Mitchell has been named chairman of Moore & Van Allen PLLC’s management committee. He lives in Charlotte, North Carolina.
1995L Scott Ford and Brian Richardson ‘02L started their own law firm, Ford Richardson, in Richmond.
Michael Weinsier joined Pryor Cashman as a partner. He lives in New York City.
Robert V. Sartin was named chairman of Frost Brown Todd LLC, a firm based in Louisville, Kentucky.
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Edward L. Allen, grandson of the founder of the Allen, Allen, Allen & Allen law firm, has been tapped as its president. This appointment marks the first time in more than a decade that an Allen family member will serve as the firm’s president. He lives in Fredericksburg, Virginia.
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Timothy A. Hodge Jr. joined Nelson Mullins as the 10
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Michael H. Spencer joined Sykes Enterprises Inc. as vice president, ethics and compliance department. He lives in Tampa, Florida.
1997L Tina Clark Beamon was promoted to executive director, global R&D, operations and business development compliance, at Alexion Pharmaceuticals Inc. She lives in Meriden, Connecticut.
Terry Smith ’75L, Tom Wotring ’75L, Perry Thompson ’75L and Jeff Willis ’75L at San Xavier Mission near Tucson, Arizona. On our way to Tubac Golf Club to recreate Tin Cup experience. Go Generals!
M. Bryan Slaughter, partner with MichieHamlett in Charlottesville, has been elected president of the Virginia Trial Lawyers Association for 2018-2019.
1998L John W. Bateman has signed a contract with Unsolicited Press to publish his first novel “Who Killed Buster Sparkle?” for release in June 2019. He lives in Starkville, Mississippi, where he serves as the executive director of the Starkville Area Arts Council. Marc A. Nichols joined Saab Defense and Security USA LLC as general counsel. He lives in Manlius, New York.
00s 2000L Brent A. Andrewsen was elected chair of the board of directors at Kirton McConkie. He lives in Draper, Utah. Kathleen A. Kelley joined Bean, Kinney & Korman PC in its Arlington office.
2001L Scott A. Houser was named associate division counsel for the FBI, in its Miami office.
2002L 1999L Brian J. McNamara joined Ford Richardson as an associate. He lives in Lexington.
Brian Richardson and Scott Ford ‘95L started their own law firm, Ford Richardson, in Richmond.
Terry and Hiram Ely III ‘76L retired at the end of 2017.
2004L Matthew Z. Earle was named partner at Kates Nussman Ellis Farhi & Earle LLP at its Hackensack, New Jersey, office. Susan Gibbons Parrett joined Upwork as senior manager of Talent Services, in San Francisco.
2005L Jill Marie Lowell, an attorney in the Rochester office of Littler, was promoted to shareholder. She lives in MacEdon, New York. Luis E. Rivera II was recognized by the American Bankruptcy Institute (ABI) as an emerging leader in ABI’s inaugural 40 Under 40 initiative. He lives in North Fort Myers, Florida. Michael J. Sartor is a partner with Kirkland & Ellis, in its Boston office. He focuses on
representing private equity sponsors, as well as public and private companies in connection with mergers and acquisitions.
2006L Gus M. Centrone was named partner at Dunlap Bennett & Ludwig PLLC. He lives in Tampa, Florida. Brant D. Kuehn is a partner at Wollmuth Maher & Deutsch LLP. He lives in New York City. Nathan P. Lebioda was named executive vice president, head of recovery and resolution program office, at Wells Fargo, in Charlotte, North Carolina.
2008L Casey Knapp Fleming was promoted to partner at Foley & Lardner LLP. She lives in Grafton, Wisconsin. David L. Hillman was promoted to partner at Ellis & Winters LLP. He lives in Raleigh, North Carolina. Lindsay Wise Wikle joined Hedrick Gardner Kincheloe & Garofalo LLP as special counsel in its Charlotte, North Carolina, office.
Jane J. Du was named principal at Fish & Richardson PC. She lives in Dallas. Christopher W. Henry joined Latham & Watkins as an associate, in Boston. Sepideh C. Khansari joined Ascension as senior attorney, in Nashville, Tennessee. Roger Miksad was promoted to partner at Wiley Rein, in Washington, D.C.
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2010L Joshua B. Cannon joined DigiCert Inc., in Lehi, Utah, as commercial counsel. Joshua J. Coleman joined Graves Carley LLP, in Baton Rouge, Louisiana, as a construction and commercial attorney. James Collins Jr. is director of partnerships and collaborations at FableVision, in Washington, D.C. Rajeeve Thakur joined ICE MGX, in Calgary, Canada, as general counsel and CCO.
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2009L Rebecca Stanglein Bullard was promoted to partner at Doerner, Saunders, Daniel, and Anderson, LLP in its Tulsa, Oklahoma, office Michael Chiusano joined Katten Muchin Rosenman LLP, in Dallas, as an associate.
Fadil Mamoun Bayyari joined Baker & McKenzie, in Dubai, United Arab Emirates, as a corporate associate. Katie Abplanalp Brown (’05) was promoted to shareholder at Maddin Hauser.
Gail M. Deady joined the Center for Reproductive Rights as a staff attorney. She will be relocating to New York City. Christina O. Hud joined the U.S. Department of Justice as an assistant U.S. attorney in the District of New Jersey. Previously, she was a senior associate in the white collar investigation and litigation practice group at Pepper Hamilton LLP in Philadelphia. Hud clerked for The Hon. Noel L. Hillman ’P15, U.S. district judge in the District of New Jersey, and the Hon. Ronald L. Buckwalter, senior U.S. district judge in the Eastern District of Pennsylvania. William B. Larson Jr. (’08) is senior city solicitor with Mayor Mike Purzycki’s administration in Wilmington, Delaware.
2012L Ashleigh M. Greene joined Nexsen Pruet, in Greensboro, North Carolina, as an associate. Ashley Bowen MacNamara joined Fletcher, Farley, Shipman, & Salinas LLP, in Dallas, as an attorney.
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Matthias J. Kaseorg joined Spotts Fain PC, in Richmond, as an associate. First Lt. Anaeli Sandoval and Kyle Hoffman ’14L were stationed in Afghanistan.
2014L Randall W. Miller will be assistant attorney general in the general litigation division office of the attorney general of Texas, in Austin, starting in June. Glenn D. Williams joined DLA Piper’s finance group, in Atlanta, as an associate.
2015L Brittany Duke Boldt joined Babst Calland in the firm’s mineral title department in the Energy and Natural Resources Group. She lives in Pittsburgh. Cameron T. Crowther was named the executive director of personal and career development and advancement officer at Southern Virginia University, in Buena Vista. Ellen C. Johnston joined Baltimore city as an assistant state’s attorney, where she will be working as a criminal prosecutor.
L. Penn Clarke is an attorney with Morris, Russell, Eagle & Worley PLLC, in Raleigh, North Carolina.
Thomas Olik joined Martineau King PLLC, in Charlotte, as an associate.
Carter L. George joined King & Spalding, in Los Angeles, as an associate.
Scott Salmon is of counsel with Jardim, Meisner & Susser PC, in Florham Park, Florida.
Daniel E. Howell joined McGuire Woods LLP, in Richmond, as an associate.
Cameron E. Tommey joined The Nature Conservancy’s global legal team. He lives in Arlington, Virginia.
2016L Ashley N. Barendse joined Dunlap Bennett & Ludwig PLLC. She lives in Winchester, Virginia. Marc E. Foto joined Wilson Sonsini Goodrich & Rosati, in New York City, as an associate. Maggie Long Hayes joined Ogletree Deakins, in Indianapolis, Indiana, as an associate in the employee benefits group.
2017L Atanasio Fernandez Sanchez joined Westermann Sheehy Keenan Samaan & Aydelott LLP as an associate. He lives in Sunnyside, New York. Charli Gibbs-Tabler joined Covington & Burling LLP, in Washington, D.C., as a law clerk.
WEDDINGS Cristina Macioch ’15L to Zach Agee ’15L on Sept. 9, 2017, at the Homestead Resort in Hot Springs, Virgina. In attendance were Cameron Tommey ’15L, Amy Forman ’15L, Elliott Harding ’15L, Candice Furnald ’14L, Zachary Furnald ’15L, Matthew Winer ’15L, Stevi Frost ’15L, Brandon Raphael ’15L, Sean Twomey ’15L, Tim Kucinski ’15L, Bret Marfut ’15L, Jessica Girvan ’15L, Haley White ’15L, Julian Harf ’16L, Meg Sawyer ’15L, Richard Doelling ’15L, Bo Frith ’15L, Krista Consiglio ’15L, Georgia Crinnin ’15L and Elaine McCafferty ’16L.
Off the Beaten Path From corporate big law to outdoor gear, Ferrell and Koral Alman (both ’12L) demonstrate the versatility of a W&L legal education. BY MARK DEWYEA ’18L
FERRELL and KORAL ALLMAN are trailblazers — both literally and figuratively. Ferrell, the lawyer-turned entrepreneur, spent a gap year between his undergraduate and law school years hiking the Appalachian Trail. A few years later, the dynamic duo walked away from lucrative corporate law gigs in Silicon Valley to build an eco-friendly outdoor company from the ground up. Not exactly the traditional career arc for most legal practitioners, but eschewing custom in favor of adventure has proven to be a winning formula for the Roanline founders. After obtaining their J.D.s, Ferrell and Koral both handled complex litigation as big-law associates in Los Angeles, where they sharpened their business acumen negotiating complex contractual agreements for corporate elites. All those hours spent in the midst of up-and-coming software companies — coupled with the framework of their legal education — paid dividends when Ferrell and Koral started entertaining the idea of opening up their own business. According to Ferrell, the ability to “see things from
a lawyer’s perspective is something different in the corporate world. The attention to detail, intuitive thinking and creativity needed to succeed as a trial lawyer are easily transferrable to many other fields — entrepreneurial endeavors included.” After over four years of working in the corporate world, Koral spotted a now-or-never market opportunity. Having spent years hitting the trails — and buying the gear to do so —she had grown tired of her favorite brands’ lack of products tailored specifically for women: “During one of our hikes, we had a conversation about outdoors clothing and gear marketed towards women and the obvious need to fill the niche for fashionable, but functional products,” said Koral. “A lot of items on the market in the early 2010s were really just men’s items that were more fitted, and I felt like there was little effort being made to provide women with items that worked when necessary, but that looked great on them.” The forward-thinking couple also wanted to provide fellow outdoor-lov-
ers with access to emergent brands with compelling backstories and a proven commitment to giving back to the nature-focused community. Corporate social responsibility and Roanline go hand in hand. Ferrell and Koral plan for the company to become a certified B corporation in the near future — a third-party standard that requires companies to meet social sustainability and environmental performance and to be transparent
to the public regarding their business practices. The business model is producing results for the quickly growing Roanline, and the company is preparing to open its first brick-and-mortar location to complement its booming online marketplace. It’s exciting times for the Almans, who demonstrate to young lawyers everywhere that a little sense of adventure goes a long way in pursuing one’s career goals. Summer
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Character Counts Austin Brown ’13L shares the real secret to success as a player-agent with Creative Artists Agency.
PHOTO BY JESSE D. GARRABRANT/NBAE VIA GETTY IMAGES
BY MARK DEWYEA ’18L
Austin Brown ’13L with client and 2018 Slam Dunk Contest winner Donovan Mitchell (Utah Jazz).
BIRTHS AND ADOPTIONS Edward V. Arnold ’03, ’08L and his wife Maia, a daughter, Emerson Victoria, on Sept. 25, 2017. Nathaniel James ’08, ’11L and Mallory Frewer James ’08, a son, Jon-William Bennett James, on July 25, 2017. He joins sisters Evelyn and Eliza. The family reside in Fort Worth, Texas. Sarah Ratzel Hartsfield ’09, ’12L and Chris Hartsfield ’11L, a daughter, Eleanor Hazel, and a son, McKinley John Hartsfield, on July 18, 2017. They live in Charlotte, North Carolina. John Badman ’15L and his wife, Alex, a son, Quinn, on Feb. 8, 2017. They live in Richmond, Virginia.
OBITS Frederick Bartenstein Jr. ’39 ’41L, of Mendham Township, New Jersey, died on Jan. 12. He served in the Navy and had a 30-year career with Merck. In 1977, he received the Distinguished Alumni Award from W&L. E. Austin McCaskill Jr. ’41, ’42L, of Little Rock, Arkansas, died on Dec. 15, 2017. He served in the Army. He practiced with Barber, McCaskill, Amsler, Jones and Hale. He was father to Roddy McCaskill ’75 and the Rev. Elmer McCaskill III ’73. He belonged to Sigma Chi. The Hon. Samuel M. Hairston ’51L, of Chatham, Virginia, died on April 11. He served in the Army during World War II. He was a judge in the 22nd judicial circuit. He was father to Henry Hairston ’79 and belonged to Phi Gamma Delta. Albert L. Jeffreys ’52L, of Denton, Texas, died on Dec. 16, 2017. He served in the Army.
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Jerry McGuire could learn a thing or two from AUSTIN BROWN ’13L. The slick-talking and opportunistic sports agent played by Tom Cruise is defined by the iconic line “Show me the money!” But for Brown, who is one of the most successful young NBA agents at the industry-leading Creative Artists Agency (CAA), it is more about “Show me the character!” He has learned a little secret Hollywood doesn’t let you in on; as he puts it: “Money and talent fade, character doesn’t. I only work with people I respect.” It sounds like a simple rule, but it has served Brown well. It’s not every day that you’re listed among Forbes magazine’s “30 Under 30: The Sports World’s Brightest Young Stars” or sign three top-40 NBA draft picks all less than a year after graduating from law school — but that’s exactly what Brown has done. Brown is no stranger to the limelight. Prior to law school, he was a first team all-Southern Collegiate Athletic Conference Selection, and even made a memorable national television appearance on ESPN2
Francis L. Summers Jr. ’52, ’54L, of Charlottesville, died on March 8. He served in the Navy. He co-founded Nelson, McPherson, Summers and Santos, where he was partner for over 55 years. He served as vice mayor for the city of Staunton. He belonged to Phi Kappa Sigma. Jay W. Jackson ’53, ’55L, of Madison, Connecticut, died on Dec. 30, 2017. He served in the Army. He was a former senior partner in the law firm of Jackson O’Keefe. He became involved with politics and served as a West Hartford town councilman, Connecticut state senator, commissioner of insurance, and legal counsel to governors Ella Grasso and William O’Neill. He belonged to Sigma Nu. Joseph F. Rowe Jr. ’55, ’58L, of Hampton, Virginia, died on Dec. 21, 2017. He served in the Army and worked in finance. He was father to Dr. Joseph Rowe III ’89 and belonged to Pi Kappa Alpha. H. Alfred Tarrant Jr. ’57, ’59L, of Newark, Delaware, died on Dec. 17, 2017. He had a 50-year career with Cooch and Taylor Attorneys at Law. He was cousin to John Cover ’63. Charles E. Jenkins II ’63L, of Norfolk, Virginia, died on April 25. He served in the Marine Corps, and practiced law with Goldblatt, Lipkin & Cohen and had a solo practice. Richard K. “Tiny” White Jr. ’60, ’63L, of Baltimore, died on March 15. He practiced with Miles and Stockbridge PC, in Easton, Maryland. He belonged to Kappa Alpha. Raymond H. Vizethann Jr. ’66L, of Atlanta, died on Jan. 20. He served in the Navy. He was a partner and trial lawyer at Greene, Buckley, Derieux and Jones. He belonged to Sigma Nu. John A. Stewart ’67L, of Woodbridge, Connecticut, died on April 12.
after draining an impressive 61-foot, game-winning shot that carried his team from DePauw University to the NCAA tournament. Even at that early stage in his sporting career, Brown displayed remarkable humility, stressing to the news anchor that DePauw’s big win was a team effort. It’s a mindset he still adheres to — and is undoubtedly one of the secrets to his quick rise as a player-agent: “I love the game of basketball. I get immense satisfaction from helping extremely talented individuals realize their dreams in the sport.” Despite the success, Brown will be the first to tell you that the life of an NBA agent is not all glitz and glam. Behind the scenes are hundred-page contracts to review, sponsorship deals to negotiate, and travel plans to coordinate. “This definitely isn’t your typical 9-5,” says Brown. But for him, the fact that no two days are exactly alike is a positive aspect of the job: “It keeps things interesting and allows me to constantly add to and sharpen my skill set both as an agent and an attorney.”
HOWARD DOBBINS ’41, ’42L Howard W. Dobbins, a W&L student body president and member of the Athletic Hall of Fame who managed to complete both his undergraduate and law degrees in five years, died on Dec. 25, 2017. He was 98. Originally from Louisville, Kentucky, Dobbins was a four-year member of the basketball and football teams, the leading scorer on the basketball team, an all-state basketball selection his junior and senior years and team captain. He served as president of the student body his senior year and as co-editor in chief of the Washington and Lee Law Review. He was elected to Phi Beta Kappa and Omicron Delta Kappa as an undergraduate and to Phi Delta Phi and Order of the Coif in law school. He graduated with high honors in 1942. After serving in the Atlantic, Mediterranean and Pacific theaters with the Navy in World War II, Dobbins joined a Richmond firm that eventually became Williams Mullen. Throughout his long legal career, Dobbins focused on banks and other financial institutions. He was a former member of the Lawyers Committee of the Association of Bank Holding Companies and acted in an advisory capacity to numerous banks and bank holding companies. For many years, he served as general counsel to one of Virginia’s largest financial institutions and as a member of its board of directors. Dobbins served as president of the Virginia State Bar and also as a member of the House of Delegates of the American Bar Association. He was elected as a fellow to the American Bar Foundation, the Virginia Bar Foundation and the American College of Trial Lawyers. He was a permanent member of the Judicial Conference of the U.S. Court of Appeals for the Fourth Circuit. In addition to being kind and a dedicated mentor to younger attorneys, Dobbins was remembered for his versatility and prowess across an array of practice areas. “You have these best lawyer listings, and he was listed as one of the top lawyers in the country as a corporate lawyer, a securities lawyer and a litigator, which is really sort of unheard of to be that good in so many different ways,” said Julious P. Smith Jr., a fellow partner at Williams Mullen. He was grandfather to Elizabeth Crenshaw ’14; uncle to Charles Dobbins Jr. ’70 and Luther Jones III ’70; and great-uncle to Charles Dobbins III ’96. He belonged to Alpha Tau Omega.
Paul M. Neville ’68L, of Ridgeland, Mississippi, died on Jan. 20, 2017. He belonged to Sigma Nu and was cousin to Frederick Hulett ’64. Thomas C. Spencer ’69L, of Lexington, died on April 22. He operated Spencer Law Firm and was also co-founder of Lime Kiln Theater. E. Starke Sydnor ’66, ’73L, of Lynchburg, Virginia, died on Feb. 11. He served in the Air Force. He retired from Vulcan Materials Co. as assistant general counsel. He was father to Edgar Sydnor Jr. ’89 and belonged to Sigma Alpha Epsilon.
Robert L. Hillman ’73, ’76L, of Raleigh, North Carolina, died on Dec. 30, 2017. He was an attorney and CPA. He spent most of his career in public service as counsel for the offices of the attorney general and state auditor. He was father to David Hillman ’08L and belonged to Phi Delta Theta. John J. Witzig III ’77L, of Verona, Wisconsin, died on March 4. John L. White ’74, ’85L, of Bronx, New York, died on March 19. He worked for the Edgar Waters College and Monroe College. He was one of the founders of SABU.
Dr. Robert D. Brickman ’89L, of Charlottesville, Virginia, died on Nov. 19, 2017.
A VOICE FOR THE HOMELESS:
Sam Petsonk ’13L in the Spotlight for Advocacy Work Those who remember SAM PETSONK ’13L will not be surprised by the recent feature in WV Living detailing his work for the homeless population of Charleston. Petsonk, an attorney with the public interest law firm Mountain State Justice, came to the assistance of the residents of a large tent city along the Elk River after local officials ordered the police to break up the camp. He filed a class action suit against the mayor and police department alleging that the eviction and destruction of residents’ property had violated both the U.S. and state constitutions. The lawsuit largely remained out of the public eye because Petsonk went directly to city officials with the complaint, hoping that the city, legal
aid attorneys and other homeless-service providers could collaborate to find a better solution. And that is exactly what happened. In addition to monetary restitution for the residents of the tent city, the agreement included the construction of storage lockers for the homeless population to use and 14 days written notice before taking action against an encampment. Charleston is now one of only two U.S cities required to provide alternative housing prior to evicting an encampment. Petsonk gave credit to the homeless community for working alongside him and city officials for making progress on this difficult issue. This resonates with something Petsonk said in a 2012 interview, when he received
the prestigious Skadden Fellowship as a third-year. “Public interest legal advocacy is not just about relationships in a courtroom; it’s about building a community of advocates.” Petsonk was born and raised in the coal-mining area around Morgantown, West Virginia, and used the financial support from his Skadden Fellowship to work at Mountain State Justice representing low-income West Virginians, primarily in workers’ compensation cases. “It was only after I left home for a time that I realized how much of who I am I owe to the region and the people of Appalachia,” said Petsonk in 2012. “I have always felt powerfully drawn to return to West Virginia and work on these issues.”
HONORED FOR WORK:
Law Alumni Honored by Anti-Defamation League Washington and Lee law graduates CHRIS WOLF ’80L and JOE BROWN ’68L have been honored for their work by the Anti-Defamation League (ADL). On May 6, at its National Leadership Summit, the ADL presented Wolf, Senior Counsel at Hogan Lovells, with its Barbara Balser Lifetime Achievement Award in recognition of Wolf’s 30 years of volunteer service. Wolf’s contributions to the ADL include service as Washington, D.C. regional board chair; national chair of civil rights, strategic planning and technology; founder and chair of the ADL Task Force on Internet Hate; originator of ADL: In Concert Against Chris Wolf ’80L Hate, an annual event in its 24th year at the Kennedy Center featuring the National Symphony Orchestra and honoring people who have stood up against hate; and co-author with then-national director Abraham Foxman of the book “Viral Hate: Containing its Spread on the Internet” (Macmillan, 2013). Wolf also has served on the national boards of the ADL and the ADL Foundation.
Brown, who is of counsel at the Las Vegas law firm Kolesar & Leatham, was the recipient of the Anti-Defamation League Jurisprudence Award. The award was established to recognize individuals who have made outstanding contributions to the legal profession and community at large while exemplifying the principles upon which the Anti-Defamation League was founded. Brown practices in the areas of government affairs, administrative law and business law. He is a former appointee of President Ronald Reagan to the State Justice Institute and the Foreign Claims Settlement Commission of the U.S. (1981-88) and Joe Brown ’68L has served as an officer or director of many businesses, civic and charitable organizations, including the Nature Conservancy, the Department of Wildlife, the Nevada Development Authority, the Nevada Athletic Commission, Wells Fargo Bank, and as a commissioner for the Nevada Gaming Commission. He is the founder and former vice chair of the Nevada Military Support Alliance.
COMMENCEMENT
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Sara Lamneck ’18L, pg. 3
Charu Kulkarni ’18L, pg. 6
Parker Denaco ’68L, pg. 7
Mark Grunewald, p. 9
Discovery
Ferrell ’12L & Koral Alman ’12L, p. 11
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