n and Lee School of Law Ma shingto gazin a W e The Winter 2013
Joe Zasa ’92L Health-Care Business
Kathleen Oddo ’88L and Jeff Hatch ’88L Allies in Service W&L Lawyers Unite in Court Influential Faculty
Dejure
This page: Students compete in the Robert Grey Jr. Moot Negotiation Trials, where the teams are judged on their ability to serve client’s goals, rapport and relationship with opposing counsel, and ability to adapt to developing circumstances, as well as professionalism and ethics. This year’s judges included (opposite page, l. to r.) the Hon. Robert S. Ballou, U.S. magistrate judge for the Western District of Virginia; David S. Eggert, former partner at Arnold & Porter, immersion professor at W&L; and Robert J. Grey Jr. ’76L, partner at Hunton & Williams. photo by Kevin Remington
On the cover: Joe Zasa ’92L photo by Hillsman Stuart Jackson
Departments
2 General Stats By The Numbers
3 Law President’s Message Is Law School Worth the Cost?
4 Discovery
Why W&L?; influential faculty, endowed scholarships, faculty books and accomplishments
22 Class Notes
Alumni news and profiles
FEATURES
14 Allies in Service
Kathleen Oddo ’88L and Jeff Hatch ’88L at the Department of Veterans Affairs
—> By M e l i s s a P o w e l l ’ 1 2
16 Financial Operations
Joe Zasa ’92L, managing partner of ASD Management
—> By J a c o b G e i g e r ’ 1 0
18 A Family Divided
W&L lawyers unite in court
—> By M i c h a e l M c G u i r e ’ 1 3
In Brief
by the
Numbers
25 10,177 91.5 42.45 the
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The W&L Law School faculty has been named to the National Jurist’s list of the 25 most influential people in legal education for its work on the School’s Third-Year Curriculum. See page 10 for the full story.
The 2012 third-year class racked up 10,777 law-related service hours. Activities ranged from law-reform work to pro bono representation to access-to-justice work.
Professor Brian Murchison interviewed Dean Nora Demleitner on “Equal Time,” his radio show on WLUR. The interview was broadcast on WLUR 91.5 and via video online. Watch the interview at new.livestream.com/wlu/ conversation-with-the-dean.
Last year, 42.45 percent of W&L Law alumni participated in the Annual Fund, which is the secondhighest participation rate in the country for any law school.
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© Washington and Lee University
Volume 13 No. 1 Winter 2013
Louise Uffelman Ed ito r
Jennifer Utterback Cl a s s N ote s Ed ito r
Patrick Hinely ’73, Kevin Remington U ni ver s it y Ph oto g r aph er s
Denise Watts, Mary Woodson G r aph ic De s i g ner s
Bart Morris, Morris Design Art Di r ec to r
Published by Washington and Lee University, Lexington, Va. 24450. All communications and POD Forms 3579 should be sent to Washington and Lee, Law Alumni Magazine, 7 Courthouse Square, Lexington Va. 24450-2519. Periodicals postage paid at Norfolk, Va.
University Advancement Jeffery G. Hanna Executive Director of Communications and Public Affairs
Elizabeth Outland Branner Director of Law School Advancement
Peter Jetton Director of Communications for the School of Law
Julie A. Campbell Associate Director of Communications and Public Affairs
L aw Al u m ni A s s o ciati o n
T. Hal Clarke Jr. ’73, ’76L President (Charlotte, N.C.)
Eric A. Anderson ’82L Vice President (New York)
James J. Ferguson Jr. ’88L Immediate Past President (Dallas)
Darlene Moore Executive Secretary (Lexington)
WASHINGTON AND LEE UNIVERSITY
SCHOOL OF LAW Lexington, Virginia
L aw Co unci l E m er iti Peter Baumgaertner ’83, ’86L (New York City) J. I. Vance Berry Jr. ’79L (Jacksonville, Fla.) Michael P.A. Cohen ’90L (Washington) Thomas E. Evans ’91L (Bentonville, Ariz.) Thomas J. Gearen ’82L (Kalamazoo, Mich.) Betsy Callicott Goodell ’80L (Bronxville, N.Y.) Rakesh Gopalan ’06L (Charlotte, N.C.) Nathan V. Hendricks ’66, ’69L (Atlanta) Thomas B. Henson ’80L (Charlotte, N.C.) A. John Huss ’65L (St. Paul, Minn.) Mary Miller Johnston ’84L (Wilmington, Del.) Chong J. Kim ’92L (Atlanta) A. Carter Magee Jr. ’79L (Roanoke) Everett A. Martin Jr. ’74, ’77L (Norfolk, Va.) Andrew J. Olmen ’96, ’01L (Arlington, Va.) Diana L. Grimes Palmer ’07L (Des Moines, Iowa) Lesley Brown Schless ’80L (Greenwich, Conn.) Richard W. Smith ’98L (Washington) W. Hildebrandt Surgner Jr. ’87, ’94L (Richmond) Stacy Gould Van Goor ’95L (San Diego, Calif.) Andrea K. Wahlquist ’95L (New York City)
Write By Mail:
Now!
Elizabeth Outland Branner Director of Law School Advancement Sydney Lewis Hall Washington and Lee University School of Law Lexington, VA 24450-2116
By E-Mail:
brannere@wlu.edu
By Phone:
(540) 458-8191 All letters should be signed and include the author’s name, address and daytime phone number. Letters selected for publication may be edited for length, content and style. Signed articles reflect the views of their authors and not necessarily those of the editors or the University.
Is Law School Worth the Cost?
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Law schools have recently received a lot of negative attention in the press as graduates struggle to find jobs in a slow economy and in a market flooded with fellow law students. Questions are being asked about the number of graduates coming out of law schools—do we have too many law schools turning out too many lawyers?—as well as the value of a legal education in a difficult market—are the cost of tuition and related expenses a good investment? As a member of the W&L Law Council for several years, I have had the opportunity to see W&L’s approach to legal education. I am convinced that W&L provides an excellent education that is an excellent value and investment. I have seen the curriculum reform, including the innovative, experienced-based Third-Year Program, as well as the revamp of the first-year curriculum, move from a concept to a fully operational and successful program. The faculty and administration should take great pride in moving legal education forward in a way that I believe makes W&L Law graduates much more competitive in the market. But W&L Law grads need more than excellent training and preparation for a successful practice. They need jobs. As alumni, we have the opportunity to make a real difference and enhance the value of a W&L legal education. We can Law Council President Hal Clarke ’73, help students one at a time through men’76L, with his wife, Nan ’76L. toring, mock interviews, networking and simply listening and answering questions. We are spread out all over the United States and know our local markets. We all have contacts in our communities. We have a wealth of differing experiences derived from our own careers and practices, which can be tremendously valuable to law students as they think about areas of practice, markets to look in and types of practice—law firm, in-house, government agency, judicial clerkship or other. We can provide useful mock-interview experiences with immediate and credible feedback. We can also become ambassadors in the profession and in our communities for W&L and the value of a W&L legal education. Take time, if you have not done so, to read about the curriculum online and in alumni publications. Talk to a recent grad about his or her experience in the Third-Year Program in particular. Talk to lawyers in your community about W&L and what the Law School is doing. We also have the opportunity to literally give back by supporting the capital campaign and the Annual Fund. Learn more about the Law School’s needs and plans as set out in the capital campaign materials. Every dollar matters and helps W&L and the students it serves. I believe that the more you learn about W&L Law today, the more impressed you will be. Our new dean, Nora Demleitner, the faculty and the administration are impressive in their abilities and accomplishments, their dedication to legal educational excellence, civility and honor, and their commitment to working collaboratively to keep W&L among the leading law schools in the U.S. The student body is also very impressive—both in its credentials and in its diversity. So please join me in finding opportunities to become or remain involved. As alumni, we can make a very positive difference in ways that help make a W&L legal education not only a good investment for grads, but also a positive influence within the profession. If you have questions or want to find a way to volunteer, please write me at lawconcil@wlu.edu.
Law President’s Message
L aw Co unci l Blas P. Arroyo ’81L (Charlotte, N.C.) Stacy D. Blank ’88L (Tampa, Fla.) J. Alexander Boone ’95L (Roanoke) Katherine Tritschler Boone ’06L (London) Benjamin C. Brown ’94, ’03L (Washington) John A. Cocklereece Jr. ’76, ’79L (Winston-Salem, N.C.) Malinda E. Dunn ’81L (Alexandria, Va.) David K. Friedfeld ’83L (Hauppauge, N.Y.) Fred K. Granade ’75L (Bay Minette, Ala.) M. Peebles Harrison ’92L (Nags Head, N.C.) Christina E. Hassan ’98L (New York City) Wyndall Ivey ’99L (Birmingham, Ala.) Bruce H. Jackson ’65, ’68L (San Francisco) W. Henry Jernigan Jr. ’72, ’75L (Charleston, W.Va.) Lauren Troxclair Lebioda ’06L (Charlotte) Susan Appel McMillan ’89L (Boise, Idaho) Samuel A. Nolen ’79L (Wilmington, Del.) W. Brantley Phillips, Jr. ’97L (Nashville, Tenn.) Moira T. Roberts ’93L (Washington) J. Andrew Robison ’02L (Birmingham, Ala.) Thomas L. Sansonetti ’76L (Denver) James S. Seevers ’97L (Richmond) William M. Toles ’92, ’95L (Dallas) Richard T. Woulfe ’76L (Fort Lauderdale, Fla.)
—Hal Clarke ’73, ’76L
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Discovery
Sarah Curry
Jasmine Brooks
Garrett Rice
Brian Buckmire
Why I Chose W&L Law We asked seven of our current first-year students to discuss their decision to attend W&L Law. Here are excerpts from their responses. Read all seven responses in their entirety at wlulaw.wordpress.com/category/why-i-chose-wl-law.
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Jasmine Brooks
Brian Buckmire
(Baylor University)
(Queens College – CUNY)
There were two main factors that highlighted [my] decision: the Admissions Office and the ThirdYear Program. The Admissions Office overwhelmed me with information about the University. They also added a personal touch with handwritten letters and directed e-mails. I felt like they really wanted me to be here, and I was not just another prospective student. These factors were of high importance because it speaks volumes about the entire school. If the Admissions Office goes above and beyond, then it reflects the character of the faculty, staff and student body of the school. The second important factor was the new Third-Year Program. W&L places great value on this program, as it should. Prospective and current law students are discouraged by the current job market. Many lawyers complain of being thrown into the field without having much experience. The Third-Year Program combats these issues. During my research, several advisers emphasized to me the importance of that real-world experience.
As a Torontonian and an adopted New Yorker, my first thought [about Lexington] was, “Where can I get a good bagel?” Thankfully, my second thought was to apply and see what happened, and so I did. Then I toured the school and was greatly surprised by everything and everyone I met. From private carrels to community-building events like the Law School Football League, W&L offered many unexpected touches that allowed me to envision myself here. And while there isn’t a subway system or a nightclub in Lexington, I did quickly find a good bagel spot called Sweet Treats. The people were welcoming and genuine, and Lexington has a little bit of everything—enough to keep even this city boy entertained. In my first year at Hofstra Law School, I attended a number of alumni events and interacted with many practicing lawyers, as well as politicians. At every event there was always a consistent theme in critiquing law schools: “Law students are not actually taught how to be attorneys.” This was usually followed by: “You learn more from your first internship than from your first year of law school.” After my first internship, I realized that there
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was some truth to that idea. I began to continually question why so many attorneys could have this criticism without law schools trying to address it. Then I [transferred] to W&L, and the 3L program seemed to be the answer.
Sarah Curry
(Johns Hopkins University)
Law school is tough. There’s no way of getting around that. Having gone to a rigorous undergraduate institution, I was already well versed in the art of library camping by the time I started shopping for law schools. What intimidated me even more than the potential workload, however, was the atmosphere of intense competition that schools I visited seemed to exude. Stories of students circulating intentionally sabotaged notes and ripping pages out of casebooks struck me not only as unnecessary, but also as extremely discouraging. I’ve always believed that education is about competing with yourself more so than it is about competing with others. You won’t find any of those horror stories here. It didn’t take long for me to figure out that W&L is not just a school, it is a community. Students here understand that classmates are not the enemy. Our
Natalie Wengroff
Hannah Shtein
Dan Strong classmates are one of our most valuable resources. Having spent a good three hours in my torts study group this past weekend, I can personally attest to that fact. It’s easy to feel a bit lost at times (19th-century case law will do that to you), but the truth is you’re never alone. Students and faculty alike create a support system that eases the pressure that all law students feel in their first year.
Garrett Rice
(Lafayette College)
The professors at W&L Law are not only distinguished scholars, but excellent teachers, who give their students unparalleled attention. One of my casebooks was written by a professor who teaches some of my fellow 1Ls. One of my own professors has four different law degrees. Professor Rick Kirgis is so accomplished that his portrait already hangs in the building, and he has had the peer-mentoring program named in his honor. But I emphasize that these same people also take great care in making sure their students learn. I’ve already been to my smallsection professor’s office several times in the first weeks of the semester and can attest that she has taken a personal interest in making sure I learn the material.
Hannah Shtein
(The University of Wisconsin at Madison)
While I enjoyed my time at a large institution, I wanted something more personal. I wanted an environment that engaged me academically and socially, and I wanted to feel like something
other than a point on a curve. W&L Law has exceeded these expectations tenfold. As I get into the rhythm of my classes and meet more people, the congenial and supportive environment here is even more apparent. My professors are always willing to answer questions after class, during office hours or by appointment, and have made a point of stressing their willingness to be accessible to us. On my first week here, a 2L noticed me with my clunky Contracts book at Lexington Coffee and asked me how I was settling in. I remember calling my mom and saying, “I can’t get over how friendly and forthcoming everyone is.” And we’re from the Midwest, so we know friendly.
Dan Strong
(Appalachian State University)
W&L has made industry-revolutionizing changes to the academic curriculum. The old adage is that the first year of law school they scare you to death, the second year they work you to death, and the third year they bore you to death. W&L thought that spending a third year in a lecture-based classroom would not help students transition into being practicing attorneys. The third year at W&L is now a practical application of the content that you learn in the first two years. W&L also has a wide range of clinics, journals and competitions that I am interested in. For example, I recently participated as a bailiff in the Davis Appellate Advocacy Competition. I was able to see second- and third-year students argue a Supreme
Discovery
Court case in front of a panel of judges. And unlike other schools, most of the competitions and journals are open to everyone who wants to try out. The atmosphere is also impacted by the tradition and history of the institution. This manifests itself in the Honor System. There is little worry whether the laptop that you leave sitting on the table in the library will be there when you get back. In my first week of school, someone found a couple of dollars in one of the parking lots. The next day, that student posted a notice requesting that the person who lost the money contact him so he could return it. You see this throughout the semester with sunglasses, jewelry and other personal items. At any other school, you would have little chance of seeing those items again.
Natalie Wengroff
(University of Michigan)
W&L was the only school where alumni sent me letters congratulating me on my acceptance. Alumni relationships were important to me, especially coming from an undergraduate school that prides itself on alumni loyalty. I was fortunate enough to attend an alumni event while in D.C. and was shocked both with the turnout and the variety of legal fields represented by W&L Law alumni. The fact that these individuals were congratulating me and wanting to know more about me made me feel secure in my decision to attend W&L. I must admit that I was very apprehensive about coming to a small town, as I am not the most outdoorsy person and did not envision myself taking advantage of the area’s hiking, biking and camping. But unlike my friends elsewhere, I have been able to actually meet everyone in my class and know almost everyone’s name. And, for those of us who aren’t as interested in exploring the outdoors, the school does a great job of providing enough activities so that you are never bored. There are intramurals such as Law School Football League on Fridays in the fall, Student Bar Association-sponsored events such as a patio party and pig roast, community events like the wine festival, and a host of speakers and special events to keep you entertained. Winter
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Discovery
Read All About It
The Law News celebrates 40 years in print
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including Justices Joseph Lamar 1878L and Lewis his academic year marks the 40th anPowell ’29, ’31L, and how the Law School began, niversary of The Law News, and the along with more recent milestones including the editorial board is extremely excited. We history and future of W&L’s Third-Year Program. have already implemented quite a few significant We are also planning the history section changes in the newspaper, from the format and of this special edition to look just like a 1850s the design scheme to the content and editing newspaper. We have already asked many alumni process. We have made it a priority to fully cover to write articles and have received a fantastic important events on campus and to ensure that response. If you have any ideas for the Legacy Edimembers of the W&L Law community, includHoward M. Wellons ’14L, tion and would like to contribute to our efforts, ing alumni, are spotlighted. This year, we are editor in chief please let us know. hoping to reinvigorate The Law News and reaf We hope you will take the time to read firm its necessary role at the School of Law. through our two most recent editions, both of which are A large part of what we hope to accomplish is to reconnow online, and that you will continue to support W&L Law nect with our valued Law School alumni. In the ’80s and in all its efforts. Thank you for everything you do to help ’90s, alumni would write letters to the editor concerning the W&L Law be a leader in legal education. previous issue. We would love to revive this tradition. The —Howard M. Wellons ’14L, editor in chief Law News would love to get your thoughts as to how we can improve the publication, what you liked (or hated) and Write to us at: The Law News, where you think we should go from here. Washington and Lee University School of Law, In addition, we are planning a special edition due out Sydney Lewis Hall, Law News Office, in February. The Legacy Edition will commemorate the 40th Lexington, VA 24450, wellons.h@law.wlu.edu. anniversary of The Law News by diving into the history of the School. Planned articles include the early history of Syd Visit law.wlu.edu/lawnews to read the current issue. ney Lewis Hall, biographical sketches of prominent alumni,
Admissions Office Launches Pilot Program Shawn McShay has launched a pilot program that incorporates
an optional interview with an alum as part of the admissions process for prospective students. He joined W&L as assistant dean for admissions from Hofstra University Law School, where he was senior director of enrollment management. “Dean Demleitner and I had discussed this idea while we were both at Hofstra,” said McShay. “With a school that size, however, interviewing prospective students wasn’t practical. But at W&L—with its smaller size and strong law alumni network—we felt it was a much more feasible project.” He noted that while strong academic credentials are critical for a student’s success at W&L, other factors, such as life experiences, provide a more holistic profile. “A one-on-one interview can give us important feedback on whether a
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student might be a good match for W&L,” he explained. “It’s another useful perspective in our overall evaluation process.” The W&L Admissions Office receives thousands of applications a year, so McShay is initially implementing the interview process through a pilot program, which runs January-April 2013. For this first round, the optional interview is offered only to admitted students. It will expand the following admissions cycle to all prospective students. Since W&L attracts students from around the U.S., the main focus for McShay has been to line up law alumni to represent all geographical regions. “Obviously we don’t have the staff to interview all prospective students, but we have many willing alumni, and I’ve been able to line up key contacts in every major city.
Shawn McShay (right) meets law students during orientation.
“Alumni volunteers are strong advocates for W&L,” added McShay. “In this role they can provide interested students with a wealth of information about the School and that will only help us even more in attracting strong candidates.” To learn more about the program, contact Shawn McShay at (540) 458-8533 or mcshays@wlu.edu.
Help PILSA raise $50,000 for summer internships Announcing the inaugural
pilsa silent auction
law alumni weekend • april 19-20, 2013 What is PILSA? The Public Interest Law
tickets to a basketball/football/baseball game, a piece of artwork, a service or anything else. Make a contribution online at www.law.wlu.edu/ways togive or call (540) 458-8587. Why? Your participation in this auction not only gives students the opportunity to pursue work in public service, but also helps to give back to the greater community.
Students Association is a student organization dedicated to helping fellow students interested in pursuing careers in public service and public interest law. PILSA’s goal is to promote a commitment to community service and pro bono work. Why $50,000? Last year, PILSA awarded $8,000 to five students for summer internships, while turning away countless other deserving students. $50,000 will provide 20 grants of $2,500 each. All proceeds will provide grants for summer internships for first- and second-year law students.
Which employers qualify? Legal aid
offices, public interest organizations, social service agencies, non-profit organizations, governmental agencies (including work for a judge, public defender or prosecutor) and tribal entities. Qualifying work may take place outside of the U.S. and need not necessarily involve direct client services.
How can you help? Donate items to auction, such as a weekend at your vacation home,
Students, faculty and staff participated in the 2011 Run for the Law PILSA fund-raiser.
photo by P atrick H inley ’ 7 3
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Discovery
Russell Miller Publishes New Edition of German Constitutional Law Treatise
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ussell Miller has published a major revision of a landmark study of German constitutional law. The book is titled “The Constitutional Jurisprudence of the Federal Republic of Germany” (Duke University Press), and the new third edition has been considerably expanded, brought up to date and comprehensively revised. In her foreword to the new edition, U.S. Supreme Court Justice Ruth Bader Ginsburg called it a “masterful text” and an “indispensable source.” First published in 1989 by Donald P. Kommers (Notre Dame University), the book has become a vital resource for scholars and practitioners of comparative, international and constitutional law, as well as of German and European politics. The third edition, which Miller joined as co-author, covers previously omitted topics as well as all the important decisions of the German Federal Constitutional Court from the past 15 years. “The German high court has developed into an institution of major policy-making and legal importance within Germany and Europe,” says Miller. “Today it is commonly acknowledged to be, alongside the U.S. Supreme Court, one of the world’s most influential constitutional tribunals.”
Miller notes that there is much that is new in this edition, a project on which he has worked for the past seven years. Most importantly, there is an entirely new chapter that addresses Germany’s open constitution, which creates a tangled relationship between German law and European and international law. This is the jurisprudence involved in the German Constitutional Court’s frequent intervention in European Union policy. This fall, the court’s review of Germany’s massive contributions to the Euro-Zone rescue package led the L.A. Times to conclude that the justices held “Europe’s fate in their hands.” Conscious of the budgetary challenges facing most western democracies in the 21st century—including Germany—the new edition surveys Germany’s conflicting constitutional commands for social welfare, budgetary stability and economic liberty. The new edition also gives expanded treatment to the jurisprudence related to issues of equality, particularly involving gender and sexual identity. German constitutional law’s struggle to balance security and liberty following 9/11 also receives extensive coverage.
Tim Jost Inducted into the Institute of Medicine This fall, Timothy S. Jost, the Robert L. Willett Family Professor of Law and one of the nation’s leading voices in health-care law, was
inducted into the Institute of Medicine (IOM). Election is considered one of the highest honors in the fields of health and medicine and recognizes individuals who have demonstrated outstanding professional achievement and commitment to service. The IOM elected 65 new members, and Jost is the only lawyer among them. Jost, the author of numerous books and articles on health policy, including the nation’s leading casebook on the subject of health law, has been a fixture of the health-care-reform debate since it began. He first drew the attention of policy makers for his comparative healthsystem research and analysis of early failed health co-op systems. Whether the subject was so-called death panels, the timing of legislative triggers, the function of health exchanges, potential constitutional challenges to a health-care mandate, or provisions regarding federal funding of abortion, Jost has been a frequent commentator in the print and broadcast media.
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Professor Tim Jost (left) with Dr. Harvey Fineberg, president of the Institute of Medicine
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authored two books in the area of civil enjamin Spencer, professor procedure, “Acing Civil Procedure” of law, has been appointed and “Civil Procedure: A Contempoassociate dean for research by rary Approach.” Dean Nora V. Demleitner. Over the Spencer’s scholarship is among summer he was named director of the the most-cited law review articles of Frances Lewis Law Center. all time. “Plausibility Pleading,” in the In these two positions, Spencer Boston College Law Review, was the oversees the center’s agenda, which third most-cited article of 2008 and includes sponsoring symposia, “Understanding Pleading Doctrine,” in enhancing the intellectual life at the the Michigan Law Review, was third Law School and providing support to in 2009. faculty in their scholarly endeavors. Spencer has also been honored Demleitner said the additional desigfor his teaching. In 2007 he received nation of associate dean for research the Rising Star award from the Virginreflects W&L’s long-standing commitia State Council of Higher Education. ment to scholarly excellence. Spencer was the first law professor to “In this expanded role, Dean Benjamin Spencer, professor of law receive this award. Spencer will be able to build on the and director of the Spencer serves as a special as35-year legacy of the Frances Lewis Frances Lewis Law Center sistant U.S. attorney for the Western Law Center by supporting faculty in District of Virginia. In this capacity, he their efforts to share their work with has argued and won several cases in a wider audience,” says Demleitner. the U.S. Court of Appeals for the Fourth Circuit on behalf of “This administrative position, which is found at nearly all of the government, including United States v. Stewart, United the top law schools in the nation, will allow W&L to bring States v. Hicks and United States v. Burns. Spencer is also even greater attention to the outstanding work our faculty chair of the Virginia State Bar’s Section on the Education of undertakes in shaping the law.” Lawyers and a member of the West Publishing Company Spencer is an expert in civil procedure and federal jurisLaw School Advisory Board. diction. In addition to numerous law review articles, he has
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Benjamin Spencer Named Associate Dean for Research and Director of Law Center
W&L Law Students to Serve as Court-Appointed Advocates in Child Abuse Cases
Several law students completed training to serve as advocates for abused and neglected children appearing in local juvenile and domestic courts. The stu-
dents received the training through Court Appointed Special Advocates (CASA) for Children, part of an association of CASA organizations nationwide. CASA volunteers are appointed by judges in abuse and neglect cases to gather information to help the judge decide what is best for the child, whether that means removing the child from his or her home or helping a struggling family get access to social services. The students will talk to everyone involved in the child’s life—including parents and relatives, foster parents (if any), teachers, medical professional, attorneys and social workers. The court will use that information to determine what would be the best placement. W&L adjunct professor Tammi Hellwig, director of externships and Third-Year Program administration, serves as a facilitator for students volunteering for CASA. A CASA volunteer and former guardian ad litem herself, Hellwig says that the most important role these advocates play is as a reliable presence in the child’s life. “Child abuse and neglect cases are very complex, and children often interact with a number of different social workers or lawyers as the case proceeds through the system,” said Hellwig. “CASA volunteers are the one adult constant in the child’s life, and they stay with the cases until it is closed and the child is in a safe, permanent home.”
CASA volunteers (l. to r.) Rebecca Reed ’14L, Alisa Abbott ’13L and Cara Parcell ’13L following their swearing-in ceremony. Also participating are students Mitzi Hellmer ’14L and Lydia Cancilla ’13L. Winter
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The W&L Law faculty. Front (l. to r.): Nora Demleitner, Sally Wiant, Margaret Howard, Ann Massie, Jill Fraley, Robin Wilson, Mark Drumbl. Middle: Mary Natkin, Brian Murchison, David Bruck, Beth Belmont, Tim Jost, Ben Spencer. Back: Erik Luna, Brant Hellwig, Sam Calhoun, Bob Danforth, Tim MacDonnell, Christopher Bruner, J.D. King. Not pictured: Johanna Bond, Michelle Drumbl, Josh Fairfield, Susan Franck, Mark Grunewald, Lyman Johnson, Russ Miller, David Millon, Jim Moliterno, Doug Rendleman, Chris Seaman, Joan Shaughnessy.
Most Influential The faculty of Washington and Lee University’s School of Law has been named to the National Jurist’s list of the 25 most influential people in legal education. Joining some of the most prominent voices from law schools around the country, the W&L faculty was recognized for its visionary leadership in adopting the School’s Third-Year curriculum reform. The National Jurist requested nominations from every law school in the nation. Its editorial team narrowed the list down to 50 and then asked 350 people in legal education, including every law school dean, to rate each nominee based on how much they influenced them in the past 12 months. W&L has led the way on curriculum reform since announcing the Third-Year Program in March 2008. After several years of partial implementation, the program is now in its second full year of operation. “It is exciting to see our faculty recognized for the monumental amount of effort it has put into the development of the 3L curriculum and for its commitment to 10
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making a major change in legal education become reality,” said Dean Nora V. Demleitner. W&L’s third-year curriculum is entirely experiential. The course of study consists of practice-based simulations that bring together doctrine and practice across the curriculum, real-client experiences and advanced explorations into legal ethics and professionalism. The curriculum builds upon and expands the lessons of the first and second years of instruction, moving students from a passive classroom role into one more closely connected to a sophisticated world of legal practice. The Most Influential finalists will be published in order of influence in the January issue of National Jurist.
transfer tax regime.” Hellwig recently completed a casebook on estate and gift taxation with fellow W&L Law professor Bob Danforth. He is working on a major project for the United States Tax Court, whereby Congress has significantly expanded the jurisdiction of the U.S. Tax Court
in recent years as Congress has sought to provide judicial review of a host of new taxpayer rights. Hellwig is drafting a text detailing the evolution of that court’s jurisdiction and describing its increasing influence in the larger tax administration regime. Hellwig holds a J.D. from Wake Forest University and an LL.M. in taxation from New York University School of Law, where he received the Harry J. Rudick Memorial Award and served as an editor of the Tax Law Review. He earned his B.S. in mathematical economics from Wake Forest, graduating summa cum laude and Phi Beta Kappa. Prior to entering academia, Hellwig was an associate with Bell, Davis & Pitt in Winston-Salem, N.C., and a clerk to the Hon. Juan Vasquez of the U.S. Tax Court in Washington.
he has critiqued recent efforts to expand voter identification rules. “I am an avid student and reader of American history,” said Seaman. “The civil rights movement of the 1950s and 1960s is a great example of how the law can be used to implement social change. The passage of the historic 1965 Voting Rights
Act, and its implementation by federal officials and courts, resulted in a sea change; more AfricanAmerican voters were registered to vote in the half-decade following the act than in the previous century. It is dismaying now to see some states attempting to dismantle some of the most important parts of the Voting Rights Act.” He holds a J.D. from the University of Pennsylvania Law School, where he was executive editor of the University of Pennsylvania Law Review. He received his B.A. from Swarthmore College, where he studied history and public policy. Previously, Seaman worked 2005–2009 as an associate in the IP litigation practice group at Sidley Austin L.L.P. in Chicago. In addition, he served as a law clerk to the Hon. R. Barclay Surrick in the U.S. District Court for the Eastern District of Pennsylvania.
Brant Hellwig, professor of law,
joins W&L from the University of South Carolina School of Law, where he taught 2002–2012. He visited at W&L in fall 2011. An expert in federal taxation, Hellwig will teach a variety of tax courses, including basic income tax, corporation taxation, partnership taxation and estates and gift taxation. Hellwig focuses his scholarship on federal taxation, including the tax treatment of deferred compensation and the estate tax treatment of closely held business entities. “The expiration of the Bush tax cuts at the end of 2012 will significantly expand the reach of the federal estate and gift tax,” said Hellwig. “Additionally, the focus on the tax system brought about by the scheduled tax changes increases the likelihood of fundamental reform of the federal income tax and
Chris Seaman, assistant professor of law, joins W&L from ChicagoKent College of Law, where he served as a visiting assistant professor 2009-2012. His research and teaching interests lie at the intersection of intellectual property (IP) and procedure and remedies in civil litigation, interests born out of his prior experience as a judicial clerk and an IP litigator. Seaman’s forthcoming scholarly pieces include an article in the Yale Journal of Law & Technology exploring recent patent reform legislation, and an article in the Harvard Journal of Law & Technology examining how juries apply instructions from the court regarding the burden of proof for finding patents invalid. In addition, he is conducting an empirical study of attorney fee awards in copyright litigation. Seaman writes on the issue of voting rights and election law, and
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Faculty Accomplishments Discovery
Johanna Bond presented “Wenches
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in the Trenches/Bitches in the Ditches: Women’s Agency and the Construction of Gender, Sex and Nation” at the University of Minnesota Law Conference on Gendering Conflict and Post-Conflict Terrains. Bond also presented her research on gender-based violence and notions of honor at the Law and Society Conference; her work at the Social Justice Feminism conference at the University of Cincinnati Law School; and her research on female perpetrators in armed conflict at a conference in Dakar, Senegal, which was hosted by the International Association of Women Jurists.
Christopher Bruner presented his scholarship on corporate governance in financial firms at University College London as part of a symposium jointly sponsored with the Adolph A. Berle, Jr. Center on Corporations, Law & Society (Seattle University School of Law), and then subsequently at the Southeastern Association of Law Schools annual meeting. He traveled to the Russian Federation at the invitation of the U.S.-Russia Foundation for Economic Advancement and the Rule of Law (USRF) as part of a delegation of corporate law experts that included Justice Henry duPont Ridgely of the Delaware Supreme Court. In Moscow, the delegation met with practicing corporate and securities lawyers, and in Vladivostok they participated in two events at the invitation of Russia’s Supreme Commercial Court; a seminar with commercial court judges, where Bruner spoke about U.S. shareholders’ access to corporate information; and an Asia-Pacific Region forum that included supreme court judges from Russia, China, Kazakhstan and Singapore, where Bruner spoke about post-crisis U.S. corporate governance reforms and moderated a panel on cross-border corporate relations. More recently Bruner participated in a roundtable discussion at the Wharton School (University of Pennsylvania), jointly sponsored with the Aspen Institute Business & Society Program, where he lead a discussion examining the state of the social contract between corporations and society, as well as the distribution W&L
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of rewards and risks associated with corporate activity.
Mark Drumbl gave lectures at Cambridge, Oxford, University of London, University of Pittsburgh and William and Mary and spoke at the University of Melbourne, the University of Minnesota and a major conference held in the Peace Palace in The Hague, Netherlands. His recent publications include “Child Soldiers and Clicktivism: Justice, Myths and Prevention” and “From Oblivion to Memory: A Blueprint for the Amnesty.” Drumbl contributed to the Official French Commentary to the Rome Statute of the International Criminal Court (Université de Paris, 2012). He was appointed to the advisory committee on global engagement of the Association of American Law Schools and was appointed to the board of editors for Brill International Criminal Law Series. Michelle Drumbl published
“Decoupling Taxes and Marriage” in the December 2012 edition of the Columbia Journal of Tax Law. She also contributed to a recent Slate.com “Explainer” feature discussing the tax consequences of comedian and actor Janeane Garofalo’s recently revealed mystery marriage.
Joshua Fairfield published two articles: “Mixed Reality: How the Laws of Virtual Worlds Govern Everyday Life” and “Avatar Experimentation: Human Subjects Research in Virtual Worlds.” He presented his research at a featured panel for the White House Office of Science and Technology Policy on emerging ethical issues in the study of virtual worlds and at the Second Annual Symposium on Digital Ethics on emerging ethical issues in machine learning and privacy in virtual world studies. Fairfield is working in Germany under a Fulbright grant to study how groups handle private information in social networks. Susan Franck presented “New Evi-
dence in Investment Treaty Arbitration” to the United States Department of State, office of the legal adviser. She gave several talks on her empirical research on international investment disputes, including at the American
Society of International Law, the International Economic Law Interest Group and at the Third Biennial meeting of The Society for International Economic Law, in Singapore. Franck has several published works forthcoming, including “Bridging the Divide between Theory and Practice” and “Managing Expectations: Beyond Formal Adjudication.”
Brant Hellwig published “Examining the Tax Advantage of Founders’ Stock” (with Greg Polsky) in the Iowa Law Review. The article contends that the beneficial tax treatment afforded to equity compensation issued to founders of start-up companies often is counterbalanced by the loss of a compensation deduction to corporate employer. He is working on a major project for the United States Tax Court, detailing the evolution of the tax court’s jurisdiction and describing the increasing influence of the tax court in the larger tax administration regime. Lyman Johnson published two articles: “Gender and Securities Law in the Supreme Court” and “Law and the History of Corporate Responsibility: Corporate Personhood.” In addition, he published a book chapter (co-authored with Professors Robert Danforth and David Millon) on W&L’s third-year reform in “Reforming Legal Education: Law Schools at the Crossroads.” Johnson delivered the Pileggi Distinguished Lecture in Corporate Law in Delaware and the Osler Distinguished Business Law Lecture at Queens University in Ontario, Canada. He served as an expert witness for the plaintiffs in a major corporation ruling that ordered the dissolution of a Virginia mining company due to unfair treatment of minority shareholders and misuse of corporate assets (see p. 18). Timothy Jost was inaugurated into
the Institute of Medicine in October (see p. 8). He continues to blog about health reform issues at HealthAffairs. com. He was interviewed extensively by the news media concerning the Supreme Court’s Affordable Care Act decision, about which he also published an article in the New England Journal of Medicine (with Sara Rosen-
J.D. King presented on the techniques
to harmonize clinical- and traditionallaw teaching to advance social justice in the area of criminal justice at the Society of American Law Teachers teaching conference in Baltimore, Md. He also organized a panel on teaching race, discretion and implicit bias in the criminal justice system at the Southeastern Association of Law Schools annual meeting. His article “Beyond Life and Liberty: The Evolving Right to Counsel” was selected as a must read by the National Association of Criminal Defense Lawyers and will be
David Millon serves as president of the Southeastern Association of Law Schools. He published a book chapter (co-authored with Professors Robert Danforth and Lyman Johnson) on W&L’s third-year reform in “Reforming Legal Education: Law Schools at the Crossroads.” Millon presented papers on shareholder social responsibility at the conference on The Future of Financial/Securities Markets in London and a paper on institutional shareholders and corporate social responsibility at the fifth international conference on Corporate Social Responsibility in Berlin. Chris Seaman presented “Standards of Proof in Civil Litigation” at the seventh annual conference on Empirical Legal Studies at Stanford Law School and a work-in-progress, “Improving Patent Joint Ownership,” at the MidAtlantic Patent Law Works-in-Progress workshop at American University Law School. Seaman authored an oped that appeared in the Centre Daily Times (State College, Pa.) on Pennsylvania’s voter ID-law controversy.
Benjamin Spencer published “The
Law School Critique in Historical Perspective” in the W&L Law Review. His panel presentations include “Who Are We, Where Are We Going and How Do We Get There?” during the Inaugural National Symposium on Experiential Education in Law at Northeastern University; “Access to Justice: What Process is Due?” during the Appellate Judges Education Institute 2012 Summit; and “How are Law Schools Addressing Major Changes in the Practice of Law and Accrediting Standards for Legal Education?” at the 20th anniversary conclave on Legal Education in Virginia. Spencer was also re-elected to a third term as chair of the Virginia State Bar Section on the Education of Lawyers and named associate dean for research at W&L Law (see p. 9).
Sally Wiant participated in a panel
on Copyright Law and Fair Use Rights at a conference of the Virginia Library Association in Williamsburg, Va. Topics included the Google book settlement, licensing restrictions and claims of copyright in previously considered public domain information.
Discovery
featured in an upcoming issue of its magazine, The Champion.
Faculty Accomplishments
baum). He participated in symposia at Columbia University and Saint Louis University and presented the Rob Roy lecture at Southern Methodist University. He also gave presentations at AcademyHealth and at the Society of Actuaries annual meeting on healthreform topics. He testified before the House Governmental Affairs Committee and debated representatives of the Cato Institute on the question of whether federal exchanges can issue premium tax credits. He continues to serve as a consumer representative to the National Association of Insurance Commissioners.
Get updates on W&L faculty publications, conference presentations and more at the W&L Law Faculty Scholarship Blog. It is also a robust source for conference announcements, calls for papers and fellowships available in the U.S. and abroad.
wlulawfaculty.wordpress.com w&l faculty at work—recent posts Professor Susan Franck Presents Her Work to U.N. Conference on Trade and Development W&L Law Professor Susan Franck presented her work in the Palais des Nations in Geneva to UNCTAD’s Division of Investment and Enterprise, which is a portion of UNCTAD dedicated to exploring issues related to international investment and sustainable development, in an effort to understand the scope of and implications for investment treaty dispute resolution and conflict management.
Professor David Bruck’s Advocacy in Murder Case Profiled in South Carolina Newspaper W&L Law Professor David Bruck recently participated in oral arguments before the South Carolina Supreme Court on behalf of his client, Billy Wayne Cope. Cope was convicted of raping and killing his own 12-year-old daughter in a 2001 crime that he confessed to but claims he did not commit.
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photo by Kevin Remington
Kathleen Oddo ’88L and Jeff Hatch ’88L serve our nation’s veterans in the U.S. Department of Veterans Affairs. They also coordinate an externship program that not only helps meet their office’s staffing needs, but also gives W&L law students real-world experience.
Allies in Service By Melissa Powell ‘12
Kathleen Oddo ’88L is honest about how she ended up at the U.S. Department of Veterans Affairs. It wasn’t an epiphany or a calling. She stumbled into the job because it was part time, and she was starting a family. 14
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working experience. The goal is for externs to leave our offices having a solid, foundational understanding of work that is done for service veterans in the Office of General Counsel.” For Tyler Brown ’12L, a VA externship in Roanoke led directly to full-time employment after graduating in May 2012. Brown now works in the VA’s Hampton office as an agency representative, working on employment and personnel matters. “Having the opportunity to do that externship was a really valuable opportunity for me,” Brown said. “And I was able to leverage that experience into a job.” Brown was interested in government contracts, so when he saw the VA externship posted on W&L’s website, he decided to apply. The summer after his second year, he reviewed bids and responses to solicitations, helped with contract disputes and drafted and reviewed provisions. He returned during the second semester of his third year. This time he worked on employment matters with Jeffrey Hatch ’88L, one of Oddo’s classmates. Hatch had been in private practice in Roanoke since 1990, before joining the VA in October 2008. “Kathleen called me and said they were short staffed,” Hatch said. “She wanted to know if I could come in and handle some of the litigation work.” Hatch is the on the advocacy team and is the main contact for personnel issues with the medical centers in Durham, N.C., and Salem, Va., along with the local benefits office in Roanoke. He has also served as a mentor for several externs since the program’s inception. “Because of this program, we now have a potentially larger pool of applicants for open positions,” he said. “And we also have someone to help shoulder the burden, so to speak—to divide some of the responsibilities.” But the main benefit of the externship program is for the externs. “They do exactly what I do,” Hatch said. “They are more akin to full-time associates than summer associates.” Moreover, the program helps students understand that there is more to law than just private practice. He noted, “In this economic climate and with the cost of law schools these days, I think it is great for these students to know that there is another option out there other than big firms, medium firms or working for a judge. Not just with Veterans Affairs; every government agency has a legal wing.” The externship program drove that point home for Brown. “I always thought I would be in private practice,” he said. “A midsized to large firm—that’s what I had in the back of my mind.” His current job allows him to make connections with people who can directly benefit from his help, and he might not have gone in this direction without the experience of the VA externship. “The loyalty of our alumni is one of the reasons I had an externship that turned into a job,” Brown said. “Kathleen saw an opportunity to help W&L law students, and that type of support from the alumni is really one of the things that sets W&L apart.”
“I wanted to develop a work-life balance,” said Oddo, who had been in private practice in Roanoke for four years before changing career paths in 1993. But now, as the assistant regional counsel for the VA in Virginia and North Carolina, she feels a deeper attachment to her job. “I moved into a full-time arrangement, and I’ve never looked back,” explained Oddo, who is still based in Roanoke. “I take pride in being able to support veterans. I got into it as a work-life balance priority, and it has turned into a life calling.” Over the years, Oddo’s responsibilities have expanded. The Louisiana native and Ole Miss undergraduate now oversees not only the legal services for the VA, but also a medical health-care recovery program in 18 states that provides patient care and federal benefits to veterans and their dependents. Her typical day includes managing and supervising the legal services for personnel actions in her region, and a wide variety of health-care-law and information-disclosure issues. She also supports the attorneys and professional staff who deliver legal services to clients at the offices in Hampton, Roanoke and Winston-Salem. “At the end of my work day, I can go home and know that I have served our nation’s veterans,” Oddo said. She has worked to introduce that same experience to law students at universities in Virginia and North Carolina—starting with her alma mater. Three years ago, Oddo contacted W&L after she learned that the school had made its third year into a real-life practice program. The revamped curriculum debuted in the fall of 2009, which was perfect timing for Oddo. Her office was short staffed because of federal budget cuts, so she contacted W&L and received her first extern. “Federal law is a totally different experience than the private sector,” Oddo said. “It’s an area students should be exposed to, as well as private-sector practice, so that they really know what might be the right fit for them.” Since there are multiple law externship opportunities within the VA, Oddo takes the time to understand what a student is interested in doing and matches them to a mentor, who remains the student’s main contact and advisor during the externship. The program expanded to include law students at The College of William & Mary, Elon University and Wake Forest University, and Oddo has placed them at VA offices in Chicago, Portland, Atlanta and New York. “If a law student at W&L is from Chicago, I can contact our Chicago office and set them up there,” Oddo said. “We’ve been able to place people right into the area where they want to practice.” So far, externs “have done a marvelous job in supporting our tort process,” Oddo said. They assist with investigations, draft discoveries, draft motions for summary judgment and attend prehearing conferences. “We really try to give them a hands-on
“We really try to give [students] a hands-on working experience. The goal is for externs to leave our offices having a solid, foundational understanding of work that is done for service veterans in the Office of General Counsel.” —Kathleen Oddo ’88L
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Joe Zasa ’92L is the managing partner of ASD Management, a company that focuses on the business of the business—in his case, financially struggling surgery centers. He and his staff focus on the day-to-day management, clinical operations, return on payer contracts, staffing, accounting, receivables and inventory to help centers once again become profitable.
Financial Operations BY jacob geiger ‘10 } photos by Hillsman S. Jackson
Joe Zasa ’92L has spent the past 20 years rebuilding and reorganizing surgery centers across the country. It’s a career that may seem unusual for a law school graduate, but Zasa always knew he wanted legal training as he pursued a profession 16
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as a business executive or venture capitalist. A native of Birmingham, Ala., he was set to join Washington and Lee’s first undergraduate class to include women before deciding that a fullride scholarship at the University of Alabama was too good to pass up.
Although Joe Zasa’s usual mode of transportation is by plane, he is the proud owner of an Aston Martin. While posing for the cover, he asked the photographer to take one of him with his car. “We did it on a lark,” Zasa said. “But I think I like it the best.”
“When I was in high school, I really wanted to go to W&L,” Zasa said. “So later on, it was the one and only law school I applied to. I went there to learn how to run companies and become an investment banker, investor or CEO. I thought law school would be an excellent background for business.” His preparation included classes on corporations, taxation and securities and regulations. The late Professor Tim Philipps, who taught “Timmy Tax,” was a particular favorite. “He was always very encouraging to students and helped instill and reinforce many of the values I bring to my business,” said Zasa. Although a summer clerkship at a firm specializing in health care piqued Zasa’s interest, his immediate plan after graduating was to hang his shingle in Birmingham for a few years. A call from his brother, Robert Zasa, changed that. “My older brother had a consulting business. When he raised venture capital money and asked me to do surgery center consulting with him, I moved to Los Angeles, and we started Premier Ambulatory Systems.” Less than four years later, their company landed in the number six spot on Inc. Magazine’s list of the 500 fastest-growing companies in the United States. Zasa served as in-house counsel, working on recruitment, business development and the structure of projects. The company’s extraordinarily fast growth led to purchase offers, and the brothers sold the firm. Zasa moved to Dallas, while his brother remained in Los Angeles. When the non-compete agreements from the sale expired in 1996, they decided to start over with a new company, ASD Management. Zasa continues to work closely with his brother and enjoys the partnership. “I find it to be very rewarding and enriching,” he said. “We’ve always gotten along well. We have a
philosophical alignment, and it’s good to have someone you can talk to.” ASD stands for ambulatory systems development, and Zasa’s centers provide patients with outpatient services for a variety of surgical procedures. A hospital or group of doctors typically owns the center, and occasionally the two groups will share ownership. The company has become the largest privately owned surgery center in the U.S., and Zasa credits good business planning and processes in successfully growing the firm. He also believes that his time in Lexington helped him understand the relationships that are key to his business success. “W&L is a unique and special place,” he said. “We had a team mentality and helped each other out. It wasn’t a competitive environment.” He’s carried that attitude to ASD, focusing on doing right by employees and patients. He calls it a “softer but more effective approach” to business and health care. ASD often gets a call when surgery centers are struggling financially. The company buys a portion of the surgery center and works with the doctors or hospital to get it back on track. “The key is to build a positive experience for the patients, their families and the doctor,” Zasa explained. “We end up turning around a troubled center because of our focus on operations.”
Today, ASD owns 31 centers around the country, including one in Roanoke and another in Christiansburg. Those centers are owned in partnership with the hospital chain Carilion. ASD’s status as a private company only allows it to take on centers that are a good fit. “I always say that water finds its own level,” Zasa said. “We attract clients who are a good fit for us—people who are in this for the long run to build a practice and offer high-quality, low-cost care.” Though setting up good business processes is important, Zasa noted that medicine is a business based on people and relationships. Each surgery center and each community has unique dynamics and needs. “How do you deliver what’s required in the local community?” he asked. “In Roanoke that’s ear, nose, throat and orthopedics. In the New River Valley we do all sorts of cases. All of the centers are different, and each physician or hospital is different.” Zasa is happy with ASD’s current size and doesn’t want it to grow much beyond 35 surgery centers. “We’re very hands-on and operationally focused,” he said. “In some ways we’re similar to W&L, where not everyone knows about us, but we compete with the big boys.”
The company has become the largest privately owned surgery center in the U.S., and Zasa credits good business planning and processes in successfully growing the firm. He also believes that his time in Lexington helped him understand the relationships that are key to his business success.
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photo by Kevin Remington
Photo by Kevin Remington
Michele Burke (left) and John Craddock, attorneys at LeClairRyan, brought their extensive experience in corporate governance and shareholder derivative litigation to a practicum they co-taught this past fall. They’ll soon have fresh material to work with. Over the summer they were part of a team, including colleague Massie Cooper ’11L and Professor Lyman Johnson, that successfully represented the plaintiffs in Colgate, et al. v. The Disthene Group. The drama isn’t quite yet finished. Unless the two sides reach a settlement on a derivative suit by the plaintiffs, the team expects to reunite once more in court this June. But after that, Burke and Craddock fully expect to use examples from this case in future practicums.
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A Family Divided W&L Lawyers Unite in Court B y M icha e l M c G uir e ’ 1 3
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For decades, Gene Dixon, the CEO of The Disthene Group Inc., a multi-million-dollar mining company in Buckingham County, Va., was literally king of a mineral mountain. He used company planes for personal vacations and large tracts of corporate timberland, in the foothills of the Blue Ridge, for quail hunting and horseback riding. He and his son, Guy, took exorbitant raises and bonuses and spent millions of corporate dollars on private life insurance policies. All the while, minority shareholders in the company were receiving pitiful dividends and were being squeezed out of a 42 percent interest in the company. “[The Dixons] used the company like their own personal piggy bank,” said Michele Burke, one of the attorneys for the plaintiffs in a lawsuit brought against Dixon by his own relatives with a minority share in the company. Burke is also a W&L Law professor of practice, teaching a third-year practicum course on corporate governance and shareholder derivative litigation. “This was a clear case of minority oppression,” she said. In late August, Fairfax Circuit Judge Jane Marum Roush agreed with Burke in a fiery, 41-page opinion that effectively ended Dixon’s reign over the family business. She ruled that Disthene Group, the holding company that controls the family mining company and a hotel in Virginia Beach, among other things, should be dissolved and its assets, valued at over $100 million, divided.
“[The Dixons] used the company like their own personal piggy bank.” —Michele Burke, member of plaintiff’s legal team and W&L Professor of Practice
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“The judge basically saw the case as we saw it,” said John Craddock, another member on the plaintiffs’ legal team and the W&L professor of practice who co-teaches the third-year practicum course with Burke. Burke and Craddock weren’t the only W&L Law players involved in this legal drama. Sitting alongside them throughout the trial—and for several months before the team set foot in court—was Massie Cooper, a 2011 graduate of W&L Law. “I feel very lucky to be involved,” said Cooper, who started working on the case with Burke and Craddock at their Richmond law firm, LeClairRyan, earlier this year. “Trials nowadays are just so rare,” she said. “But for a first-year associate to go to trial is even less common.” Cooper, who was a summer associate at the firm after her second year at W&L Law, said that even though she felt confident about her team’s case when court adjourned in May, she wasn’t sure exactly what the judge would have to say in the
During the three-week trial, Burke, Craddock and Cooper, and the other members of their legal team, holed up in a small bed and breakfast, just footsteps from the courthouse.
yers and their clients during opinion she would return the lunchtime recesses. just three months later. Craddock made the coffee Roush called the runs. Dixons’ actions a “waste and Most nights the fivemisapplication of corporate person team didn’t make assets” and an effort to “reit to bed before midnight. taliate” against the plaintiffs Then they got up the next for a trust suit they won in day at the crack of dawn 2007—also with Burke on to get ready for eight more their side. That case ensures hours in court. them the company shares “We drank a lot of left to them through their five-hour energy drinks,” grandfather’s estate. Burke recalled. The judge ruled that Luckily, the team Dixon’s Disthene Group be now knows what to expect when they return to court next June dissolved because the minority shareholders in the company for part two of the case: a derivative suit in which the plaintiffs were “inherently disadvantaged” by their minority status in hope to get some of assets “borrowed” by the Dixons thrown the company, with “no market for their shares should they back into the corporate pot, before it’s divided up among the decide to sell.” shareholders. “There is no reason to believe that the management of It’s possible they’ll occupy the same bedrooms at that BuckDisthene will ever treat the plaintiffs fairly,” she wrote. ingham bed and breakfast. It’s even possible that they’ll call the “It’s a model opinion,” said Lyman Johnson, another W&L same expert witnesses for testimony. For sure, Burke, Craddock professor who also served as an expert witness for the plaintiffs and Cooper will be working together once more. in this case. “It’s must-reading for corporate lawyers in Virginia, “It is great to have this W&L team,” Craddock said. regardless of whether they’ll set foot in court.” That model opinion was hard won. It took months of planning and strategy sessions, sometimes held in Johnson’s office in Sydney Lewis Hall. During the three-week trial, Burke, Craddock and Cooper, and the other members of their legal team, holed up in a small bed and breakfast, just footsteps from the courthouse. As soon as their day in court ended, the group hastened back to a makeshift office set up in a suite to plan for the next day. “We had our computers, network connections, printers, everything” said Craddock. “We even had a room full of file cabinets.” The staff from LeClairRyan hauled two movProfessor Lyman Johnson served Massie Cooper ’11L is ing vans full of equipment to the as an expert witness for the a new associate with small inn in Buckingham a few days plaintiffs. He noted, “This is a very LeClairRyan, who worked before the trial started. significant ruling in confirming closely with the team on “We only went out for dinner twice in three weeks,” said Cooper. that minority investors must be this case. “Trials nowadays Every other night, she said, members treated fairly in settings such as are just so rare,” she of the legal team took turns preparthis. Corporate lawyers will take said. “But for a first-year ing the quickest meals possible in note of this opinion in giving advice, associate to go to trial is the inn’s kitchen, to be shared while and it should hearten investors even less common.” prepping for cross-examinations. with minority stakes that they can “It was a madhouse,” said Cooper, who made several trips to expect fair treatment.” Costco for cold cuts to feed the law-
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Class Notes
Parker Denaco ’68L, a former member of the W&L Law Council, received the American Bar Association’s Arvid Anderson Public Sector Labor and Employment Lawyer of the Year award for 2012. The award is designated for attorneys who have devoted their entire careers to the advancement and development of public sector labor and employment law at the state and local level. Denaco’s interest in labor law generally dates back to his time in law school when, during the summer months, he was a labor investigator for the Maine Department of Labor. Parker Denaco ’68L and wife Gayle His job involved visiting, inspecting at the ABA awards ceremony. and interviewing business owners and employees as part of wage and hour audits, as well as workplace safety issues. He 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, from 1987 to 2001. In 2007, the Maine Supreme Judicial Court presented him with a Special Recognition Award for an “outstanding contribution to the founding and success of mediation in the Maine courts.”
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Charles C. Lewis (’68) retired
as professor of law in May 2012, after 34 years of teaching at the Campbell University School of Law in Raleigh, N.C. Prior to teaching, he practiced law in Warrenton, Va., for seven years. In May 2012, he received the Order of the Long Leaf Pine from North Carolina Gov. Beverly Perdue for his 25 years of service on the North Carolina General Statutes Commission. For the past 10 years, he served as chairman of the commission. He still lives in Buies Creek, N.C., with his wife, Jeanne, and they have six grandchildren. The two youngest are twins, Caroline Keener Speer and Connor Midgely Speer, born in 2009 to his younger daughter, Brooke, and her husband, David Speer.
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Henry M. Coxe III received the
Florida Bar Foundation’s 2012 Medal of Honor Award. His many hours of pro bono service have earned him the Florida Bar President’s Award of Merit, the ABOTA President’s Award, the Florida Association of Criminal Defense Lawyers Steven Goldstein Award and the Florida Bar Criminal Law Section’s Selig I. Goldin Award.
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A criminal trial attorney and director with the Bedell firm, Coxe has served as president of the Jacksonville Bar Association and the Florida Bar. He currently serves on the Florida Judicial Qualifications Commission, as well as the Florida Innocence Commission. Coxe has served as a member of the Judicial Nominating Commissions for the Fourth Judicial Circuit and First District Court of Appeal.
1978L
The Hon. W. Ray Price Jr. has joined Armstrong Teasdale as a partner in the firm’s litigation practice group. His move to Armstrong Teasdale marks his return to the courtroom as an advocate and his representation of clients in complex business and tort matters. While on the court, Price served two terms as chief justice— only the fourth judge to do so since the adoption of the Missouri Court Plan in 1940. In his 20 years on the bench, Price considered cases involving almost every aspect of Missouri law. In order to serve clients throughout the state, Price will maintain offices in St. Louis, Jefferson City and Kansas City, Mo. Prior to his appointment to Missouri’s highest court in 1992, Price was a business litigation attorney for 14
years at a major Kansas City-based law firm. He was a member of the firm’s three-person executive committee and chairman of its business litigation section. Price also served as president of the Kansas City Board of Police Commissioners and on of the board of directors of Truman Medical Center.
1979L
John C. Bruton Jr., of Haynsworth
Sinkler Boyd P.A., was included in the 2013 Best Lawyers in America. Bruton focuses on insurance law; litigation– construction; litigation–real estate and personal injury litigation–defendants. He works in the Columbia, S.C., office.
Frank A. Lafalce was named partner at Anthony & Partners L.L.C in the firm’s downtown Tampa office. Previously, he was of counsel with the firm, which now includes over 20 professionals. Prior to that, Lafalce was the executive vice president and corporate counsel of a Tampa-based bank, where he managed their multimillion-dollar-asset portfolio. Peter G. Strasser transferred to the United States European Command in Stuttgart, Germany.
1981L
Sally F. Stanfield has joined the Law Office of Mark B. Martin P.A. in Baltimore, Md. She focuses on special education.
1982L
Jeffrey C. Palkovitz joined Kelliher & Salzer L.L.C. as of counsel in August 2012. He has 30 years of experience in real estate, corporate and commercial financing law. Previously, he practiced with Miles & Stockbridge in Baltimore and at the Rouse Co., where he was vice president and associate general counsel.
1983L
Sean R. Smith (’79) completed the Little Red Lighthouse Swim, a 10kilometer swim in the Hudson River, on Sept. 22. Guy M. Harbert III, a partner with
Gentry Locke Rakes & Moore, Roanoke, has been named a 2012 Virginia
1984L
Stephen I. Luparello joined
Wilmer Hale as partner in the firm’s Washington office in October 2012. He was vice chairman of the Financial Industry Regulatory Authority. Luparello has served in senior-level positions at both the Commodity Futures Trading Commission and the Securities and Exchange Commission. Since 2008, he has been FINRA’s representative on the Depository Trust and Clearing Corp. board and has served on FINRA’s board of governors.
G. Michael Pace Jr., managing partner with Gentry Locke Rakes & Moore, was named a 2012 Virginia Super Lawyer in the area of real estate and a 2013 Roanoke Lawyer of the Year for real estate and corporate law. James D. Simpson Jr. joined
Pillsbury’s finance practice section as partner in its London office. Simpson formerly served as co-head of Dewey & LeBoeuf’s project finance and infrastructure practice. He splits his time between his primary London office and Abu Dhabi. He has more than 25 years of corporate transaction experience focused on power, energy and infrastructure areas, including matters concerning project development, privatizations, mergers and acquisitions, debt and equity financing, government work and restructurings.
1985L
J. Robert Woofter Jr. is part of
a band with his son, wife and other gifted musicians, called Rogues & Wenches. They perform Irish and Scottish ballads and pub music. After the success of their first two CDs (a third is in the works), they decided to go on tour. They will be touring Ireland, March 9-18, 2013. Check out the website www.roguesandwenches.com.
1986L
Peter A. Baumgaertner (’83) joined Pillsbury’s corporate and securities practice section as a partner in its New York office. He has experience in international practice spanning capital markets, infrastructure projects, commercial lending and securities.
MSNBC has called Christopher Wolf ’80L “a pioneer in Internet law” based on his early involvement in legal cases involving technology agreements, copyright, domain names, jurisdiction and, perhaps most of all, privacy. A partner in the Washington office of Hogan Lovells, Wolf leads the firm’s privacy practice group. He also is founder and co-chair of the Future of Privacy Forum, a think tank “that seeks to advance responsible data practices.” Wolf is the subject of a recent “Day in the Life” feature on the Hogan Lovells website. Wolf said he recognized early on “the enormous potential that the Internet would have for education, communication, entertainment and the betterment of society.” He added that there has to be a level of trust for the Internet to evolve. “Technology has a great role to play in our society, but we need greater protection of personal information,” he noted. Last year Wolf testified before a Senate panel looking to update video privacy laws; co-authored an op-ed on Politico about the shifting nature of privacy now that users connect through apps; and addressed the 34th Annual Conference of Data Protection and Privacy Commissioners in Uruguay, where he spoke about privacy self-regulation and harmonizing international privacy law frameworks. In January 2013, he headed to the Brussels Computer Privacy and Data Protection international conference. There is, Wolf said on the Hogan Lovells’ site, “a sea change right now regarding privacy laws with a move toward more stringent regulations regarding the collection and use of information.”
Previously, he pacticed with Dewey & LeBoeuf L.L.P.
Martha Petry Boyd has been named senior vice president, legal, for Volvo Group Trucks Americas. In her new role, she is responsible for legal matters for Volvo Trucks, Mack Trucks, Renault Trucks and related businesses, managing the company’s regional legal departments in North and South America. She previously served as general counsel for Volvo Trucks North America, and most recently as general counsel for Volvo Construction Equipment North America. Boyd is on the boards of the University of North Carolina Asheville Foundation and the Mission Healthcare Foundation. William J. Vailliencourt was elected prosecutor for Livingston County (Michigan) in the November general election and took office in January.
1994L
Mary Williams Euler, of McGuire, Wood & Bissette P.A., is a member of
Class Notes
Super Lawyer in the area of personal injury defense.
the North Carolina Bar Association Pro Bono Honor Roll. She was invited to join in recognition of her high level of pro bono work during 2011. Euler is a trial attorney and co-chair of the firm’s litigation practice group, focusing on solving disputes concerning powers of attorney, estates, wills and trusts, whether those disputes require trial, mediation or less formal resolution.
1995L
Michael S. Malloy and his family have relocated from California to Charlotte, N.C., where he is now the mortgage policy and counterparty relations executive at Bank of America. His team is responsible for facing off with policymakers and other stakeholders regarding all aspects of the mortgage business and for managing relationships with a broad range of parties, including Fannie Mae, Freddie Mac, HUD, FHA, the Treasury Department and others. William M. Toles (’92) joined Fee,
Smith, Sharp & Vitullo L.L.P. in Dallas as partner. Winter
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Class Notes
1997L
Christopher C. Manning joined Garrison & Sisson Inc. as a recruiter in its partner division. Previously, he practiced law for 15 years—first as an associate with Bryan Cave L.L.P. and Husch Blackwell L.L.P. and then as a partner in a boutique firm he co-founded, Manning & Sossamon P.L.LC. Manning’s past practice experience includes representing prominent clients in a variety of sophisticated civil litigation matters. Richard A. Zechini joined the
Williams Mullen government relations practice in its Raleigh office. He was formerly with Progress Energy,
where he was director of public affairs. Zechini is regularly ranked by the North Carolina Center for Public Policy as one of North Carolina’s most influential lobbyists. Zechini will work with clients on state government relations, legislative advocacy, campaign finance, electioneering, ethics, procurement, financial services, tax, regulatory, environmental and corporate grassroots matters.
1998L
Cortland C. Putbrese joined Dunlap Weaver, a mid-Atlantic law firm headquartered in northern Virginia with offices spanning several states. He manages the firm’s Rich-
mond office and was recently elected to partner. In addition, he has begun his seventh year teaching first-year students as an adjunct professor at the University of Richmond School of Law. Cortland was re-elected as chairman of the Republican Party of Richmond, and he serves as a contributor to Politico, a national political journalism organization.
Richard W. Smith joined Wiley
Rein as a partner in its litigation practice in Washington. Smith, formerly a partner with McDermott Will & Emery, focuses his litigation practice on trial and appellate litigation, First Amendment defamation, campaign finance and trademark infringement,
Photo by Rhonda Simmons
As well as running two businesses in Culpeper, Va., Monica “M.J.” Chernin ’88L is also active in her community. This year she collected Thanksgiving pies to distribute to the less fortunate. Maybe you thought that odd business combinations like a shoe store doubling as a law practice a la “Harry’s Law” happened only on television. Think again. In Culpeper, Va., Monica “M.J.” Chernin ’88L practices family law and operates a pet store, Reigning Cats and Dogs. Unlike the fictional “Harry’s Law,” where the shoe store and law practice operate from the same building, the Law Offices of Monica Chernin are about five blocks away from the store. As a feature in the July 2012 edition of Washingtonian magazine notes, the businesses operated under the same roof when Chernin opened the pet boutique in 2005. A fire forced a separation. 24
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When Chernin is dealing with the law, her 88-year-old mother manages the pet store, which she started after careful research that concluded the pet industry is booming. She was predisposed to the idea, though, because of her 12-year-old black Lab, Lady Justice (Justi for short). She was Chernin’s constant companion at the office until the amputation of her front left leg three years ago because of cancer. Chernin told Washingtonian writer Marisa M. Kashino that the pet business is a good balance to her legal practice, because people are happy when they come to shop for a pet, as opposed to their mood when they come to see her about a divorce.
among other areas. Most recently, he represented Dan Snyder, the owner of the Washington Redskins, in a libel suit against Washington City Paper.
1999L
Justin D. Flamm, a partner at Taft Stettinius & Hollister L.L.P., will participate in the 2012-2013 class of Leadership Cincinnati. Carrie M. Risatti, of the Much
Shelist real estate law practice group, was elected to the executive committee of the International Alliance of Law Firms. She will also chair the organization’s marketing committee and oversee Alliance marketing and business development efforts. The International Alliance of Law Firms provides member firms and their clients with carefully vetted resources for legal services in major metropolitan areas worldwide.
2000L
2001L
W. Ryan Snow was elected managing partner of Crenshaw, Ware & Martin P.L.C in Norfolk, Va. Snow chairs the firm’s business disputes and construction law practice groups. He handles complex litigation in state and federal courts, with a focus on business litigation, construction law, railroad law and maritime law. He is listed as a Legal Elite in Virginia Business Magazine in the area of alternative dispute resolution.
Class Notes
As the Richmond Times-Dispatch observed in a recent feature story, Lynn Tavenner ’89L, has been deeply involved in some of the highest-profile bankruptcy cases in the Richmond area in recent years. Tavenner and her law partner, Paula Beran, run Tavenner & Beran P.L.C., which one retired bankruptcy judge called “the very definition of a quality boutique firm” in the TimesDispatch piece. According to the paper, Tavenner & Beran “have played some role in nearly every major bankruptcy case to hit the Richmond region in the past five years.” Some of the names will be familiar: Circuit City, LandAmerica and the State Fair of Virginia. Both Tavenner and her partner were specializing in bankruptcy and restructuring cases at the Richmond firm LeClairRyan when they decided to join forces and strike out on their own. They believe their model has worked because they have specialized in one area. As Tavenner told the T-D, a firm of their size has flexibility. In larger firms, she noted, “if you spend a gazillion hours on a case and then at the end of the day, for whatever reason, it doesn’t pan out, that could be a huge issue somewhere else, but here it’s not.” Tavenner said that she had wanted to be a lawyer since seventh grade, but that it was only when a W&L professor suggested that she apply for a clerkship in the bankruptcy court that she began heading in that direction. And while some of their cases have involved major companies, their work runs the gamut, with some of their smaller clients dealing with more difficult circumstances. “In many instances, some of our most successful cases have been small mom and pops because you can actually see the results at the end of the day,” Tavenner said. “That is gratifying.”
2002L
Ryan A. Becker was promoted to
counsel in the New York office of Hunton & Williams L.L.P. in its complex commercial litigation practice group. Becker is a commercial litigator who focuses on structured finance, complex consumer finance and business litigation. He has significant experience in federal and state trial courts around the country, with particular emphasis on effective discovery, fact development and trial work. He also counsels and works with clients on litigation risk management, including conducting internal investigations and jury research. Becker joined the firm in 2002.
Steven L. Brinker joined the Wil-
Michael G. Abelow, of Sherrard
and Roe P.L.C., in Nashville, Tenn., is a board member of the Tennessee Justice Center. Abelow represents clients in business disputes, including breach of contract, Tennessee Consumer Protection Act, real property and broker-dealer cases. Abelow is a member of the executive committee of the litigation section of the Tennessee Bar Association and a member of the board of the Nashville chapter of the American Constitution Society. In 2009, Abelow received the Tennessee Bar Association’s Harris Gilbert Pro Bono Volunteer of the Year Award for his work on the Crabtree case, helping people with disabilities stay in their homes and communities and out of institutions.
Amy Burden Pocklington is
senior counsel at McGuireWoods in the area of business and securities litigation. She is based in Richmond.
liams Mullen corporate team as a partner. He will practice out of the firm’s Virginia Beach office and will focus on small to mid-sized businesses, assisting with a broad range of corporate, tax, alternative energy and commercial real estate matters. Brinker’s business practice includes client assistance with the formation, financing and development of business entities, including limited liability companies, C-corporations, S-corporations and partnerships, the representation of business entities and their owners in business acquisitions and sales transactions, and advice with respect to business structure issues and succession planning. Prior to joining Williams Mullen, Brinker was an attorney at McDermottWard in Hampton, Va.
John S. Buford was elected chair of
the North Carolina Bar Association’s Young Lawyers Division for 2012-13. He has been named a North Carolina Super Lawyers Rising Star in business Winter
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Class Notes U.S. Congressman Bob Goodlatte ’77L was elected chairman
of the House Judiciary Committee, effective in January. As reported in the blog of the LegalTimes, Goodlatte released a statement saying: “The Judiciary Committee, which has far-reaching legislative jurisdiction, is one of the most active committees in Congress. Under my leadership, the House Judiciary
litigation for 2010-2012 and a Business North Carolina Legal Elite Young Gun for 2012. He practices at Brooks Pierce in Greensboro, where he lives with his wife, Anne, and their children, Will, 4, and Tate, who was born June 12, 2012.
Sakina K. Paige (’96) was named president of the Metropolitan Richmond Women’s Bar Association (MRWBA) and 2012-2013 board of directors. The MRWBA was founded in 1974 to support and enhance the professional success and personal development of women in the legal profession through education and networking opportunities.
2003L
Nicholas A. Bonarrigo left Chicago and moved to Pittsburgh with his firm Reed Smith L.L.P. Nick made partner with the firm last year. Edward D. Neufville III was a
panelist at an event sponsored by the Embassy of the Republic of Liberia in Washington. He spoke on the importance of dual citizenship in the context of reconstruction and development of Liberia. 26
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Committee will play an active role in advancing a pro-growth agenda that will help to create jobs and restore economic prosperity to America.” Goodlatte said that the committee will focus on a number of issues, including “protecting Constitutional freedoms and civil liberties, oversight of the U.S. Departments of Justice and Homeland Security, legal and regulatory reform, innovation, competition and anti-trust laws, terrorism and crime, and immigration reform.” Goodlatte, who represents Virginia’s 6th congressional district in the U.S. House of Representatives, recently won reelection to his 11th term in Congress. He currently serves as a senior member of the House Agriculture Committee, cochair of the Congressional Internet Caucus, chairman of the House Republican Technology Working Group and chairman of the Congressional Civil Justice Caucus.
2005L
Justin R. Arnold (’02) launched
Arnold Sai L.L.P, a full-service corporate law firm headquartered in Washington, with a second office in New York. Arnold Sai advises domestic and international brands on a wide range of transactional and litigation matters, including emerging companies, earlystage startups, small businesses, tech entrepreneurs, sports and entertainment industry clients and non-profits.
Brian A. Berkley is the website
and social media editor for the business torts litigation committee of the American Bar Association for 2012-2013 and will be working on coordinating the substantive content added to the committee’s website and social media sites. He also will use these resources to increase the profile of the committee. Berkley is an associate in Pepper Hamilton’s Philadelphia office. He concentrates on commercial litigation, with a particular emphasis on arbitration and complex breach of contract litigation, securities, financial services, and mergers and acquisitionrelated litigation.
Caitlin J. Mitchel-Markley continues to practice law in Yamhill County, Oregon. She is the Yamhill County Bar Association president and serves on various other bar committees, including the local professional responsibility committee, the Oregon State Bar Arbitration Program and the Yamhill County court security committee. She is chair of the Oregon State Bar minimum continuing legal education committee and a delegate to the Oregon State Bar House of Delegates. In addition to her law practice, Caitlin also teaches part time at Portland Community College. Her courses include contracts and consumer law, as well as large and complex case management. Jennifer Belcher Munsey has moved to Roanoke and works at Carilion Clinic as the associate general council. Nathaniel C. Parker joined Ellis
& Anthony L.L.P. in Wake Forest, N.C., concentrating on real estate litigation, land use, zoning, municipal law and commercial real estate law. Previously, he founded Nathaniel C. Parker Law P.C. in Raleigh, where he managed real estate and land use-related litigation matters and negotiated and enforced leases, contracts, restrictive covenants and other real estate agreements. Parker serves as a part-time staff attorney for JusticeMatters Inc., a Durhambased Christian legal services organization. He’s also is a member of the North Carolina Bar Association, land use and zoning section; the Christian Legal Society; and the Triangle Community Coalition, programs committee.
2006L
William W. Fagan III joined
Hawkins Parnell Thackston & Young in August 2012 in its Atlanta office. His practice focuses on business litigation, product liability and toxic tort and environmental litigation.
Lauren Troxclair Lebioda and her husband, Nathan ’06L, have relocated to Charlotte, N.C. She continues to work remotely for Goodwin Procter, and Nathan has joined the restructuring and bankruptcy group at K&L Gates.
Brandon D. Almond joined Troutman Sanders L.L.P in its Washington office as an associate. He focuses on insurance coverage litigation. Previously, he was an associate at Covington & Burling L.L.P., where he gained extensive litigation experience, and also was involved in congressional lobbying, white collar investigations and the development of a niche sweepstakes and contest advisory practice. Almond has significant pro bono experience, including a six-month rotation at Bread for the City Legal Clinic, representing low-income D.C. residents in landlord-tenant disputes in D.C. Superior Court.
James D. Humphries IV, an associate at Hunton & Williams L.L.P., was appointed to the advisory committee of the Atlanta Legal Aid Society Inc. Humphries’ dispute resolution practice includes representating public and private companies in complex civil litigation, securities actions, internal investigations, environmental actions and consumer finance litigation.
2008L
Benjamin D. Byrd, an associate
with Gentry Locke Rakes & Moore in Roanoke, was named a 2012 Virginia Super Lawyer Rising Star in the area of personal injury plaintiff.
Sean J. Whittington joined Kean Miller L.L.P. as an associate in the firm’s Baton Rouge office. He will work in the toxic tort and occupational exposure group. Previously, he served as a law clerk to the Hon. Kimberly J. Mueller of the U.S. District Court for the Eastern District of California, and worked as an associate in the Washington office of Alston & Bird L.L.P.
2009L
Sepidah Chaichi Khansari
joined Butler Snow in Nashville, Tenn., in the firm’s general litigation group with a focus on general civil litigation, insurance defense and personal injury litigation.
Allen, as associate in the firm’s Richmond office. Reed’s practice is devoted to protecting the interests of seriously injured clients and their families in personal injury cases.
2010L
Meredith M. Brebner joined
Hancock, Daniel, Johnson & Nagle P.C., as an associate in the firm’s litigation section. She concentrates on representation of physicians, hospitals, dentists and other health-care providers in defense of malpractice lawsuits and board investigation matters. She is a member of the American Health Lawyers Association and the Virginia Association of Defense Attorneys and is co-chair of the first day in practice committee of the Virginia State Bar Young Lawyers Conference.
H. Scott Kelly joined Troutman
Sanders in its Richmond office and concentrates on complex litigation and business disputes, financial services litigation and consumer litigation.
Jae Hyung Kim has joined Hanyang University of South Korea as a senior research scholar at the Intellectual Property and Information Law Center at the law school. Her responsibilities include writing dissertations and articles on intellectual property law, as well as functioning as the chief editor for the intellectual property law jour-
nal for one of the legal publications of the South Korean legal education institute.
2011L
Fadil M. Bayyari published
“Hawala: The Key Obstacle to Establishing a United Arab Emirates Bank Branch in the United States” in the July/August issue of the Banking Law Journal. Bayyari joined SNR Denton as an associate for the corporate practice in Riyadh, Saudi Arabia.
Class Notes
2007L
Robert C. T. Reed joined Allen &
Lauren Tallent Rogers joined the Norfolk,Va., office of Kaufman & Canoles P.C. as a litigation associate. Previously, she clerked for the Hon. Mark S. Davis, U.S. District Judge, Eastern District of Virginia.
2012L
Amber K. Boyd accepted a job working for the city of Chicago, law department. She lives in Itasca, Ill.
Brian E. Calabrese joined the Charleston, W.Va., office Robinson & McElwee P.L.L.C. as an associate in the business law department. He will concentrate in the firm’s public utility practice, representing clients before the Public Service Commission of West Virginia, other regulatory agencies and state and federal courts.
Yousri H. Omar ’07L has been selected as the Bar Association of the District of Columbia (BADC) Young Lawyers Section 2012 Young Lawyer of the Year. The Young Lawyer of the Year is presented to “a young lawyer whose professional and public service achievements merit special recognition. Recipients will ordinarily be D.C. lawyers who are either under the age of 37 or who have been engaged in the practice of law for less than five years.” Omar, an attorney at Vinson & Elkins, joined the YLS in 2008, when he began his career in Washington. Since then, he has served as a YLS member, board member and 2011 YLS chair to increase the YLS profile, boost member participation and expand the YLS reach in the legal community. Omar now serves as a member of the board of directors of the BADC, while still maintaining active participation in advancing YLS initiatives. Previously, Omar clerked for the Hon. Michael F. Urbanski in the Western District of Virginia.
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Class Notes
Births
Erica Moore Envall ’01L and Eric
Envall, a son Turner James, on Sept 16, 2012. He joins brothers Spencer Thomas, 4, and Parker Harris, 2. The family reside in Chevy Chase, Md., where Erica has temporarily left legal life to stay home with the boys.
Steven L. Brinker ’02L and Beth Yusi ’02L, a daughter, Beatrice Anne,
on Aug. 3, 2012. She joins brother Conrad David, 2.
W. Jeffrey Vollmer ’04L and his
wife, Shannon, a daughter, Elizabeth Hays, on April 4, 2012. They live in Charleston, W.Va.
Kevin A. White ’04L and his
wife, Meghan, a daughter, Charlotte Anne, on April 5, 2012. They live in Richmond.
Ryan A. Glasgow ’05L and Andrea Chase Glasgow ’05L, a
daughter, Eliza Jean, on Sept. 21, 2012. She joins brother Wade, 2 1/2. They live in Richmond.
Jill Coffindaffer McCook ’07L and her husband, Nick, a son, John Emmanuel, on July 3, 2012. Jill is clerking for the Hon. Thomas A. Varlan, U.S. district judge. They live in Knoxville, Tenn.
Obituaries Edgar E. Eaton Jr. ’36 ’39L, of
Lawrenceville, Ga., died Feb. 2, 2007. Eaton worked in sales shortly after graduating from W&L. He joined the Navy as a communica-
Weddings Christopher S. Colby ’05, ’08L,
to Holly Slimak, on May 27, 2012, in Holmes Beach, Fla. They live in Richmond, where Chris is a lawyer at Vandeventer Black, and Holly is a kindergarten teacher at Dumbarton Elementary School in Henrico, Va. From l. to r.: Chris Brady ’08L, Teddie Arnold ’08L, the bride, the groom and Colin Ram ’08L.
Molly E. Donnelly ’07L to Michael Colonna on July 21, 2012, at Notre Dame,
Ind. Molly works for the Cook County state’s attorney’s office in the juvenile justice bureau. Mike works for the GEICO staff counsel office in Chicago.
Lauren B. Hoelzer ’06L to Eric
John Helenek on Sept. 15, 2012, in Ringwood, N.J. Classmates Lindsay Stoudt (maid of honor), Sara Allenson Corle and Ryan Corle attended. Lauren is an associate in the securities and corporate governance litigation group at Weil, Gotshal and is the current chair of the firm’s Green Committee. Eric is a director at Lazard Ltd., focused on capital raising.
Photo by Laura Miller of Weddingsbytwo
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Travis G. Cushman ’09L to Brittani Nichols ’10L on May 19, 2012, in the Riv-
iera Maya in Mexico. Washington and Lee Law alumni in attendance (and pictured l. to r.): Nainesh Ramjee ’09L, Kiyomi Bolick ’10L, Ryan Decker ’09L, William Li ’10L, Kamyle Griffin ’10L, Kristina Joyner ’10L, the groom, the bride, Francesca Jean-Baptiste ’10L, Alex Botwinick ’10L, Jenny Cantwell ’10L and Arif Noorani ’09L.
Lynell G. Skarda ’41L, of Clovis,
N.M., died on Sept. 2, 2012. Skarda practiced in Clovis and appeared before the U.S. Supreme Court on a few cases—most notably his win in Moore v. Mead’s Fine Bread Co. in 1954. Skarda also served as a military lawyer during World War II. He was brother to Cash T. Skarda ’42L and Langdon L. Skarda ’38L, father to Jeffrey J. Skarda ’66 and great-uncle to Michael Skarda ’91.
Allen R. DeLong ’41, ’43L, of
Washington, died on Sept. 3, 2012. He was a World War II veteran, of the Iron Men of Metz, and received the Bronze Star medal. DeLong spent his career as an attorney at the National Labor Relations Board and the Department of Commerce, serving as representative to the International Labor Organization in Geneva. He belonged to Lambda Chi Alpha.
D. Brooks Cofer Jr. ’48L, of College Station, Texas, died on Sept. 3, 2012. He served in the Army, retiring at the rank of lieutenant colonel. He re-entered active duty as a captain and was assigned to Military Intelligence Detachment in the American Sector of West Berlin in East Germany. He served as assistant county attorney, as county attorney and as district attorney for Brazos County, Texas. In 1972, he entered private practice as a criminal defense attorney. His community work involved the March of Dimes, the Environmental Action Council, Stagecenter Community Theater and the Democratic Party. Brig. Gen. Benton Caruthers Tolley Jr. ’42, ’48L, of Naples, Fla., died on Sep. 27, 2012. He served in the U.S. Army Air Corps as a second lieutenant and as a B-29 navigator instructor and B-29 navigator in the Pacific theater during World War II. He was a trial attorney with the civil division of the U.S. Department of Justice. He served
in the Korean War and remained active with the Air Force Reserves. He practiced estate and probate law with Larson & Tolley in Washington and later with Goldsborough and Tolley. He was father to Benton C. Tolley III ’75L and grandfather to Dr. Ashley G. Sharp ’92 and Amy H. Gray ’99. He belonged to Alpha Tau Omega.
Walter L. Hannah ’50L, of
Efland, N.C., died June 5, 2012. He served in World War II. Hannah worked as an adjuster for USF&G in North Carolina before moving to Greensboro, N.C., where he began his career as an attorney and counselor at law. Hannah retired as senior partner of Adams, Kleemeier (now Nexsen Pruet). He served in various capacities on the Greensboro Bar Association and the North Carolina Bar Association. He was inducted into the NCBA’s General Practice Hall of Fame and was the first recipient of the Construction Law Section’s Coman Award for distinguished service. In 2008, the NCBA established a Justice Fund in his honor. Hannah was recognized nationally as a fellow of the College of Construction Law and a fellow of the American Bar Foundation. An active alumnus, he served as president of the Washington Society, past chair of the Law Council and president of the local alumni chapter. He was father to Walter L. Hannah ’74 and Nancy E. Hannah ’93L, grandfather to Patrick T. Hannah ’06 and brother-in-law to The Hon. Roscoe B. Stephenson ’43, ’47L. Hannah belonged to Kappa Alpha.
Charles L. Snyder ’50L, of Bridgewater, Va., died on March 2, 2012. He retired from State Farm Insurance Co. in Frederick, Md., where he was vice president. Ernest M. Holdaway ’51L, of Richmond, died on July 13, 2012. He was a World War II veteran, serving as a radio operator on a B-24. He worked for Southern States and retired after serving as the company’s general counsel and as a member of its board of directors.
J. Hunter Lane ’51, ’53L, of Memphis, Tenn., died on April 22, 2012. A lawyer who was elected commissioner of public service on the Memphis City Commission in 1963, he led a reform movement that led to a charter commission and the establishment in 1967 of the current mayor-council form of government in Memphis. Lane ran for mayor in that first election under the new system but lost in a multi-candidate race. He served on the Memphis School Board, including as its president. A Marine Corps officer after college, he retired as a lieutenant colonel in the Marine reserves. Lane belonged to Sigma Alpha Epsilon.
Class Notes
tions officer in 1943 and left in 1946 as lieutenant. He then worked at Tracy Manufacturing Co. as the sales promotion manager. Later, he became the owner and president of Gateway Marketing Service. He was a member of Phi Kappa Psi.
William B. Poff ’55L, of Roanoke,
died on Sept. 5, 2012. Poff served in the Army and taught at the Judge Advocate General School in Charlottesville. He practiced with Woods Rogers for over 50 years. He was president of the Virginia State Bar, president of the Virginia Trial Lawyers Association, a member of the board of governors of the American Bar Association and a founding member of the Virginia Association of Defense Attorneys. He received the Frank W. “Bo” Rogers Jr. Lifetime Achievement Award from the Roanoke Bar Association and a lifetime achievement award from the Virginia Association of Defense Attorneys. He was a longtime leader in Roanoke’s Sister Cities program and the Roanoke YMCA.
Henry A. Oder Jr. ’47, ’56L, of
Charlotte, N.C., died on Aug. 29, 2012. After graduating from Officer Candidate School, he served in Korea as a forward observer and received a Bronze Star for valor. He practiced in Lexington and in Arlington, Va., with classmate B.E. Stephenson. Oder developed and was the lead instructor of the real estate pre-licensing program at Central Piedmont Community College. He was also program director of the paralegal program and taught various law and police-related courses. He belonged to Sigma Chi.
John A. Williamson II ’53, ’56L, of Saratoga, Calif., died on Aug. 24, 2012. He served in the Army. He
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Class Notes
worked for Mortgage Loan Industry, leaving as vice president to start California Plan. He then established the California Consumer Plan, Exchange Security Corp. and Cal Delta Development Corp. Williamson was active with the California Martime Academy, The Hill School, Big Brothers and the Better Business Bureau. He was the father of Lara Jordan ’10. He belonged to Kappa Sigma.
Robert H. Mann Jr. ’55, ’57L, of Longboat Key, Fla., died on July 15, 2012. He served in the Army Reserve as a first lieutenant. He spent his entire career as an insurance agent, first with Mann-Kline Insurance, and later with his own agency and with the Boeger Agency as an agent for Connecticut Mutual. He served on several local boards, including Columbia National Bank and as president of the Kansas City Ballet. Mann belonged to Sigma Chi.
Philip L. Stanley ’57L, of
Staunton, Va., died on Sept. 21, 2012. He served in the Air Force during World War II. He worked for Stella-Jones/BPB of Montreal, Canada, and Ripley, W.Va., as corporate business counselor.
William J. Haley ’60L, of Lake City, Fla., died Aug. 6, 2012. He served as a captain in the Air Force. He worked at the law firm of Brannon, Brown, Norris & Vocell. Donald B.W. Messenger ’60L, of Lothian, Md., died on Oct. 25, 2012. He worked as an attorney at Duckett, Orem and Christie, and at his own practice in Beltsville, Md.
Paul R. Robertson ’60L, of
Houston, died on Sept. 21, 2012. He worked for Fulbright and Jaworski, then for the attorney general’s office in Austin. He opened his private law practice in Houston. He was a member of Sigma Phi Epsilon.
Hugh V. White Jr., ’61L, of
Richmond, died on Aug. 6, 2012. He graduated from Virginia Military Institute and served as an Air Force fighter pilot stateside for three years. At W&L, he was editor in chief of the Law Review and was inducted into Phi Beta 30
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The McJunkin family reads the plaque honoring late trustee and alumnus Thomas McJunkin ’70, ’74L at the dedication of W&L’s Campus Kitchen. From left, Jim McJunkin, Callen McJunkin, Mary Lou McJunkin, Mac McJunkin. W&L formally opened its new Global Service House (at 106 Lee Avenue), which includes a new location for Campus Kitchen at Washington and Lee, on Oct. 26. The ceremony included the dedication of a plaque in memory of Thomas A. McJunkin ’70, ’74L. McJunkin, who died in October 2011, chaired the Board of Trustee’s Student Life Committee and served on the Alumni Advisory Board to the Shepherd Program for the Interdisciplinary Study of Poverty and Human Potential. In 2010, he established The McJunkin Endowment for Student Engagement, which supports W&L students in curriculum-related projects that engage them in addressing the greatest social and policy issues of their time.
Kappa and Omicron Delta Kappa. White joined Hunton, Williams, Gay, Powell and Gibson. He was a former trustee of Randolph-Macon Woman’s College, a former trustee and former chairman of the Virginia Historical Society and a former director and former chairman of the Richmond Metropolitan YMCA. He was father to Hugh H. White ’89. White belonged to Kappa Alpha.
Col. Howard J. Simpson ’64L, of Norfolk, Va., died July 13, 2012. He served in the Korean War with the 82nd Airborne Artillery, the First Corps Artillery in Korea, and later with the 4th Armored Division in Nuremberg, Germany, and the European headquarters in Heidelberg, Germany. He was a professor of military science and tactics at VMI. He spent his retirement in banking, the oil industry, with tugboats and as comptroller for his children’s company, Simpson Builders Inc.
Richard B. Bartlett ’65L, of
Portsmouth, Va., died May 22, 2012. After three years as an associate at Bangel, Bangel & Bangel, he started his own firm in Portsmouth in 1968.
J. Grey Hesson ’69, ’75L, of Gladstone, Va., died Nov. 9, 2012. Grey was a veteran of the Army. He was an active member of Gladstone Volunteer Fire & Rescue. He belonged to Lambda Chi Alpha.
Kenneth P. Webber ’80, ’84L, of
Winchester, Va., died May 22, 2012. He was a teacher and tutor with Winchester City Schools.
Robert B. Test ’02L, of San Antonio, died on Oct. 2, 2012. He worked as an attorney for four years in California and then earned a tax law degree from the University of San Diego. He owned two Liberty Tax franchises in San Antonio.
Alumni (undergraduate and law) continue to support Washington and Lee at impressive rates. Below is the list of firms that reached 75 percent or greater participation in the Annual Fund (undergraduate or law). We thank the law firm liaisons (listed below) who solicited gifts from their colleagues, and we thank all alumni for their generous support. Firm Law Firm Liaison ___________________________________________________________ Burr & Forman 100% John C. Morrow ’85L ___________________________________________________________ Christian & Barton L.L.P. 100% David D. Redmond ’66, ’69L ___________________________________________________________ DLA Piper 100% ___________________________________________________________ Jackson Walker L.L.P. 100% Jeff Sone ’78 ___________________________________________________________ Klinedinst P.C. 100% John D. Klinedinst ’71, ’78L ___________________________________________________________ Miles & Stockbridge 100% Timothy Hodge ’90L ___________________________________________________________ Robinson, Bradshaw & Hinson P.A. 100% Heyward H. Bouknight III ’04L ___________________________________________________________ Steptoe & Johnson L.L.P. 100% ___________________________________________________________ Stites & Harbison 100% James D. Humphries III ’04L ___________________________________________________________ Lightfoot, Franklin & White L.L.C. 95% Lee M. Hollis ’86 ___________________________________________________________ Cravath Swaine & Moore L.L.P. 90% ___________________________________________________________ Gentry, Locke, Rakes & Moore 90% G. Michael Pace ’84L ___________________________________________________________ Moore & Van Allen P.L.L.C. 90% Thomas L. Mitchell ’93L ___________________________________________________________ Ober/Kaler 90% John A. Wolf ’69, ’72L ___________________________________________________________ Vandevender Black 90% Brian L Sykes ’98L ___________________________________________________________ LeClairRyan 85% John Jessee ’79L ___________________________________________________________ Womble, Carlyle, Sandridge & Rice 85% Heather K. Mallard ’88L ___________________________________________________________ Balch & Bingham L.L.P. 80% Aaron L. Dettling ’97L ___________________________________________________________ Bradley Arant Boult Cummings L.L.P. 80% Paul Ware ’86L ___________________________________________________________ Jackson Kelly 80% Thomas N. McJunkin ’70, ’74L* ___________________________________________________________ Reed Smith 80% Robert M. Dilling ’76L ___________________________________________________________ Richards, Layton & Finger 80% Samuel A. Nolen ’79L ___________________________________________________________ Sidley Austin L.L.P. 80% Michael P. Peck ’71 ___________________________________________________________ Troutman Sanders 80% Stephen D. Rosenthal ’71, ’76L, Robert L. Brooks ’81 ___________________________________________________________ Weil, Gotshal & Manges 80% Lauren B. Hoelzer ’06L ___________________________________________________________ Hogan Lovells 75% ___________________________________________________________ JonesDay 75% The Hon. Walter D. Kelley Jr. ’77, ’81L ___________________________________________________________ K&L Gates L.L.P. 75% Indrajit Majumder ’93L ___________________________________________________________ McGuireWoods L.L.P. 75% William C. Mayberry ’91L ___________________________________________________________ Steptoe & Johnson P.L.L.C. 75% Randall C. Light ’83L ___________________________________________________________ Vorys Sater Seymour & Pease L.L.P. 75% ___________________________________________________________ Williams Mullen 75% Alexander B. Hock ’83L, Elizabeth M. Horsley ’94L ___________________________________________________________ Young Conaway Stargatt & Taylor L.L.P. 75% William D. Johnston ’82L ___________________________________________________________
Law Firm Giving
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Join Us for Law Alumni Weekend April 19 and 20, 2013
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However, all law alumni are welcome back to reconnect with W&L Law. Law Alumni Weekend is a time both for recalling memories and for marking new beginnings. If you haven’t visited us in a while, you’ll be amazed at the differences you find at the Law School and in Lexington. The most compelling reason to attend Law Alumni Weekend, however, is the chance to visit with old friends from your class. Whether at the class dinners or while attending the Progressive Reception through Lewis Hall, the weekend provides ample opportunities for all graduates to share stories from their careers, visit with faculty and take in the Shenandoah Valley. Online registration will be available at the beginning of February 2013. Questions? Contact Suzanne Wade, Law Advancement Office, at swade@wlu.edu or (540) 458-8996.
Last Look
e will celebrate the reunions for the classes of ’63, ’68, ’73, ’78, ’83, ’88, ’93, ’98, ’03 and ’08 as well as our Legal Legacies (any alum who graduated more than 50 years ago).