Inside 2Q2020 2...... Stepping Up: How Companies . 8...... Member Spotlight ...... Are Helping First Responders . 9...... Upcoming Events ...... During the Pandemic 10.... Past Events 5...... ACC News 13..... New and Returning Members 6...... 75 ACC Greater Philadelphia ...... Members Gottahava Wawa® 15..... Sponsors for 2020 7...... Accused Patent Infringers Have . 16..... Chapter Leadership ...... Been Having Their Cake and ...... Eating It Too . . . Until Now FOCUS
ACC Greater Philadelphia Member Named Philadelphia VIP Member of the Month Scott Leventhal
Anyone borhood nonprofit – couldn’t be more “In my experience, the projects are con- would be different. sistently rewarding and the time commit- lucky to ment is much less than one might fear. “My clients have a sense of ownership have Scott Helping these small organizations makes and investment you’d never see at a large Leventhal in the practice of law more meaningful and enterprise. It’s personal for them.” their corner. more real.” With three decades of experience negoti- It is indeed personal for VIP’s nonprofit Philadelphia VIP provides pro bono legal ating contracts for multinational corpora- and small business clients, who have services to individuals, small businesses, tions, he knows how to fight for his clients’ no budget for legal services. Such orga- and nonprofits with civil legal issues in four interests. He happily retired in 2019 but nizations regularly confront a difficult service areas, each encompassing multiple knew he wouldn’t stay out of the ring for choice: pay for pricey legal help or accept areas of substantive law. Consistent with long: “I loved making deals,” he explains. the risk of proceeding on their own. their mission of leveraging the powerful “This may be the most damning thing I Volunteers like Scott can alleviate these resources of the community to provide free, can say about myself, but I find contracts Philadelphians’ fears of losing their life’s high-quality legal services, their programs and contract negotiating exciting.” Now, work to legal challenges. are designed to meet significant legal needs Scott’s VIP clients benefit from his years that otherwise would go unaddressed. of expertise, and Scott himself enjoys a As Scott explains, his clients aren’t the only wholly new kind of legal engagement. ones benefiting from VIP’s services. He finds his work at VIP just as exciting as his Scott spent most of his career negotiating continent-hopping career at West. “These sales contracts for West Pharmaceutical people really want to accomplish their Services, an Exton, PA-based global mission, not just because it’s lucrative, but supplier of packaging components to because it means everything to them,” he pharmaceutical companies. The work was says. “It’s thrilling to be a part of that.” exciting and exhausting. “Pharma buyers are aggressive. I traveled around the world While Scott praises VIP (the only orga- and was beaten up a lot,” he recalls. “But it nization in Philadelphia that provides was fun pushing back – and closing good dedicated volunteer legal services to small deals.” businesses and nonprofits) for its resources and helpful staff, the true stars here are Since taking his first VIP case in 2019, Scott and his fellow volunteer attorneys. Scott has consistently brought the same As Philadelphia’s small enterprises buckle energy to his pro bono cases. While the under the weight of the current economic work is substantively similar to his job crisis, Scott encourages Philadelphia attor- at West, his clients – a small accounting neys to join him: shop, a local travel agency, and a neigh- Stepping Up: How Companies Are Helping First Responders During the Pandemic By Karmen Fox
When COVID-19 spread across the globe, advised our franchisees to do the same. How can in-house counsel who want medical workers traveled from afar to help We reduced production to safe levels and to help during the pandemic get their peers beleaguered by overcrowded reinforced the essential product line to their stakeholders on board with and understaffed emergency rooms. avoid any bottlenecks. implementing these decisions? Unfortunately, many regions were not Our factories have been adapted to churn We have weekly lives streaming [calls] prepared for the pandemic and didn’t out new products: masks, lab coats, and with all the employees to update the have enough personal protective equip- hospital footwear. We made a commit- decisions, initiatives, and new processes ment (PPE) needed to shield essential ment to produce and donate one million during the coronavirus crisis. workers from the contagion. Hospital masks. This number may increase if we In order to make it possible for individ- staff were forced to fashionmasks out of are able to source more raw material. uals, such as employees and customers, bandanas and wear ski goggles to stop the We are also donating 250,000 pairs of to participate in helping the society, the spread of the coronavirus. shoes to the underprivileged and health- Alpargatas Institute (IA), the company’s With inadequate government resources care professionals, the latter will receive social responsibility program, has created further hampered by delays, dozens of a specific model for hospitals that we a fund. This fund will receive cash dona- companies stepped up, converting their started to produce during the pandemic. tions, which will be carefully recorded, production facilities to make PPE for In addition to footwear, 100,000 families and then converted into kits of essential first responders, from jean brands sewing will receive kits with essential products. products (e.g., hygiene products, food, medical masks to brewers making hand and Havaianas) to be donated. How are you balancing employee sanitizer. The kits are R$15 and for each donated safety while ramping up production of kit, the company will double the number ACC Docket reached out to the in-house equipment? counsel of companies that are helping of donations. the heroes on the front lines. Below, they Since March 23, we have reduced the share how they repurposed their supplies number of employees in logistics and Lucky Brand — Maryn Miller, and skills to help stop the pandemic, and production operations, reaching a min- General Counsel how you can galvanize your company to imum level and keeping only those who What processes did Lucky Brand use help too. are essential, complying with health safety guidelines and rules. We are maintain- before that made reconverting possible? Alpargatas/Havaianas — ing strict safety and social distancing (i.e., what tools, goods, techniques, etc. José Daniello, Chairman of standards in order to comply with the has your company traditionally used that the Board of the Alpargatas schedules and standards established in made this effort happen?) each region where we operate. Institute and Director of As an apparel brand, it was fairly straight forward to pivot into non-medical cloth How does Havaianas ensure that People masks. Through our collaboration with it’s complying with medical-grade LA City, we identified an appropriate What processes did Havaianas use sterilization techniques? pleated mask template, created by Kaiser before that made reconverting possible? Permanente and shared on LAprotects. (i.e., what tools, goods, techniques, etc. After all the adaptations that we pro- org. has your company traditionally used that moted in our factories, we had an inspection from Anvisa, the regulatory made this effort happen?) With these tools and an existing apparel organization that works with the Brazil- vendor base, we were able to identify Havaianas is one of Alpargatas’ brands. ian Government Healthy Ministry. They a domestic vendor that was already As a global company, we set up a cri- approved all the initiatives and changes in sampling the same non-medical masks. sis committee at the beginning of the our production. coronavirus issue in China. We designed Because we were flexible about fabric several scenarios and prepared to adapt What internal stakeholders need to style choices, it allowed us to produce our the operation if needed. be involved to approve and implement first 10,000 masks within one and a half these decisions? weeks. Since it was domestic production, Administrative professionals are work- we could deliver to our distribution cen- ing from home all over the world. We The strategic committee, which includes ter within four days. shut down brick-and-mortar stores and the general counsel, is responsible to approve all the decisions. continued on page 3
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We have also partnered with other brands • Director, Loss Prevention and quickly to support medical efforts in these in The Open Innovation Coalition, led by Corporate Security communities. Rothy’s and including Fabletics, Marine • Director, OMNI operations and As [medical] supplies shorten in the Layer, Outerknown, and Thirdlove, among communications fight against COVID-19, our breweries others. The purpose of the coalition is to are producing much-needed disinfectant gather others within our industry to infor- • Director, facilities alcohol and over one million bottles of mation and resource share to factories • General counsel hand sanitizer gel to distribute for free to currently producing protective equip- • Chief technology officer hospitals and frontline workers in some ment. The coalition has routed fabric and • Corp communications, HR program of the most impacted areas. other supplies to Suay Sew Shop, who are administrator making a mask for medical and essential We use the residual alcohol from the workers when there is a lack of N95s. • CEO brewing process and work with excellent How can in-house counsel who want partners who complement our produc- How are you balancing employee to help during the pandemic get tion capacity and determination to help safety while ramping up production of their stakeholders on board with with their expertise in making biocide equipment? implementing these decisions? products. All of our corporate employees are work- Stakeholders have been fully supportive Additionally, in Belgium and the Neth- ing from home and have been sent cloth of these decisions and are fully invested in erlands, we are donating billboard space masks for their protection. efforts to help our community during this to support public health campaigns by Our third-party distribution centers crisis, especially where the stakeholders FIFA and the World Health Organization remain open and Lucky has given them see that the teams have thought through (WHO), as well as the Dutch government. the same masks to protect themselves at the legal, operational, and logistical con- We are also helping the medical commu- work. These distribution centers have also siderations upfront. nity by donating water and non-alcoholic instituted social distancing measures on beers to hospitals and medical workers to How can the public support Lucky the floor for employee protection. support their work and show our appreci- Brand’s efforts? All of our stores are closed to the public, ation. In some parts of the world, we are but 50 of approximately 200 are fulfilling Charitable donations are always a per- working with local authorities to build online orders. While these store associates sonal choice in both amount and recip- modular hospitals. are working alone in store, they have also ient. At Lucky, we have offered our cus- been given cloth masks to protect them- tomers a few options to make an impact. What processes did AB InBev use selves going to and from stores. They can purchase a five pack of masks before that made reconverting possible? and donate a five pack to our community (i.e., what tools, goods, techniques, etc. In addition to sending all employees cloth partners and other beneficiaries recom- has your company traditionally used that masks, our human resources department mend by the Los Angeles mayor’s office. made this effort happen?) has widely communicated information We pride ourselves on being an agile on social distancing measures and how to Our #LuckyTogether page has infor- company, able to act and react quickly. protect oneself. mation about how to donate directly to Suay Sew Shop, who are making masks In order to produce disinfectant alcohol The factory that produces our masks for for front line workers. This same page and hand sanitizers, we used our residual sale is a contractor. All their employees includes the donation pages of Lucky’s alcohol left over from de-alcoholising our have their temperature checked when community partners who service the non-alcoholic beers. they enter the building. They are aware unhoused in Los Angeles. Customers In addition, we reoriented multiple of symptoms to look out for, are spaced are welcome to choose how they want to departments, such as procurement teams properly to ensure social distancing, and participate and with who. to purchase the packaging, our marketing wear masks and gloves at work. AB InBev — Cybelle Buyck, team to develop the labels, our transport What internal stakeholders need to VP of Legal and Corporate team to help with logistics, and our legal be involved to approve and implement and corporate affairs teams to find the these decisions? Affairs right places to distribute and cooperate with the governments’ crisis coordination We have a crisis management team made How is AB InBev helping the medical centers and hospitals. up of the following positions: community during the pandemic? • Chief financial officer and chief admin- We are a global company but strongly istrative officer rooted in the local communities where we brew our beers, which is why we acted • VP Human Resources – Corporate and continued on page 4 field
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How are you balancing employee spread of COVID-19, we’ve acted quickly even in tumultuous times, through a safety while ramping up production of to support the hospitality sector. consistent drumbeat of reminders on data equipment? protection, antitrust, anti-corruption, In addition to offering deferred rent pay- anti-fraud, and other compliance require- The health and safety of our people is our ments, free tap cleaning services, and keg ments. highest priority and we won’t take any restocks, our team has developed a series shortcuts in this area. of online voucher platforms in Belgium, Once it’s clear that in-house counsel are We have implemented a significant num- the United Kingdom, Italy and France, on top of initiatives and retaining broader ber of measures across our organization which allow individuals to pre-pay for compliance control even in a crisis, to ensure our colleagues have the support beers in their favorite bar to redeem once stakeholders are confident to back novel and resources that they need to stay safe reopened. measures to the fullest. and healthy. For instance, we proactively We’ve also pledged to match each dona- Operation BBQ Relief introduced enhanced cleaning cycles, tion, so pubs and bars get double the — David Rosen, General social distancing measures, and entry- immediate cash injection. So far, almost checks in many countries before they 500,000 beers have been “prepaid.” Counsel were mandated by the governments to Operation BBQ Relief has been helping safeguard our people. In addition, we have also supported our local communities through donating communities affected by disasters across Where we do produce hand sanitizer laptops to support distance learning for the United States since 2011. How does locally (e.g., in Germany or our small test children and young students. your team determine which areas to brewery in Leuven, Belgium), in all cir- help? cumstances, we ensure the strictest safety What internal stakeholders need to Since 2011, Operation BBQ Relief has guidelines. be involved to approve and implement provided meals to those in need and to these decisions? How does AB InBev ensure that support first responders, military per- it’s complying with medical-grade Helping to combat the effects of COVID- sonnel, and veterans. As a 501(c)(3), our sterilization techniques? 19 for our colleagues, customers, and charitable mission is to provide comfort communities has been a company-wide to those in need by connecting, inspiring, When we started the process to produce effort. All teams are involved and needed serving, and educating in communities biocide products to help our commu- to implement decisions, ranging from our far and wide. Whether it is in response to nities, it was outside our comfort zone. brewery teams to marketing, procure- a natural disaster, or as is this case now, We are brewers, not biocide producers. ment, legal and corporate affairs, IT, and a pandemic, we are doing our best to We started looking for experienced, logistics colleagues. respond and make a positive impact in as fast-moving, and innovative partners who many communities as possible. were familiar with the biocide regulatory We have an ongoing dialogue with our framework. global senior leadership team but also Through our new program, Operation operate as a European team to decide how Restaurant Relief, we empower a local Together with our partners, we were able best to support the communities we live restaurant to reopen and rehire formerly to follow and adhere to the regulatory and work in. laid off employees while providing 2,500 framework and in addition we received free meals per day to their community. assistance from local governments and How can in-house counsel who want The Operation BBQ Relief programs industry associations. Many governments to help during the pandemic get department developed this program made emergency exceptions in regards to their stakeholders on board with and implemented it within a few weeks, obtaining biocide licenses and the Euro- implementing these decisions? and the results thus far have been very pean Union decided to release product In-house counsel have to radically prior- successful. standards free of charge, which has been a itize time and resource to deliver work- tremendous help. What we need most of all is funding to able solutions for rapid – and compliant activate in new areas. We rely heavily on How is AB InBev helping the public at — deployment of critical community our corporate sponsors and donors. Our large during this pandemic? support measures. Achieving that for COVID-19 deployments started in our each initiative means focusing on its hometown of Kansas City, and expanded In addition to helping the public health specific legal challenges (e.g., permits for to a Kansas City restaurant, South Caro- sector, we are supporting our partners hand sanitizer) and covering compliance lina restaurant, then via the sponsorship in the hospitality sector. As restaurants, triggers. of Dignity Health, we activated a restau- bars, pubs, and clubs in many European rant in Bakersfield, CA. countries have closed their doors, as At the same time, in-house counsel need part of government efforts to contain the to keep all stakeholders on the right path, continued on page 5
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The Pennsylvania Department of Health is the reemployment of previously laid off from the management team makes the Services contracted us to feed 180,000 employees at our restaurant contractors. final determination. meals per week in conjunction with The How can in-house counsel who want Salvation Army. We understand the need How is Operation BBQ Relief ensuring to help during the pandemic get their at this time is far and wide, and we are the safety and health of its chefs and stakeholders on board with implementing trying our best to help in as many places volunteers during the pandemic? these decisions? as possible. We hope to work with cor- Operation BBQ Relief is committed to porations ready to deploy our resources following all US federal, state, and Center Operation BBQ Relief is actively looking in their local community to feed those for Disease Control (CDC) guidelines, for corporate partners and donors that in need and get seven to 10 employees with relation to all laws, rules, and regula- want to make a positive impact in their working again at each restaurant. tions. During this crisis, we have contin- local communities. Please share this uously updated our standard operating information with decision makers within How is Operation BBQ Relief helping procedures and policies to reflect the your corporate foundation, corporate medical, first responders, or other changing guidelines. social responsibility department, market- essential workers during the coronavirus ing department, and the executives. pandemic? We have implemented many new oper- ational protocols governing mask usage, They have been one of Operation BBQ How can the public support Operation gloves, mandatory glove changes, san- Relief’s targeted beneficiary groups. Our BBQ Relief efforts (aka deployments)? itization of all hard surfaces every 30 restaurant contractors have been deliver- Please visit www.obr.org to get involved minutes, checking the temperature of ing meals to their facilities. and become a registered volunteer or incoming people and then again ran- make a donation. How has Operation BBQ Relief helped domly throughout the day, and many other community members during this other [rules]. For more advice on the coronavirus pandemic? pandemic, visit our Coronavirus What internal stakeholders need to Response Resource Page. Operation BBQ Relief understands be involved to approve and implement the comfort a hot meal brings to both these decisions? Author: the body and soul. Through Operation The Operation BBQ Relief programs Karmen Fox is the web content editor of ACC Restaurant Relief, we are providing that department evaluates potential deploy- Docket. comfort to those in need, first responders, ment sites and then the CEO with input and other front-liners. The added benefit ACC News
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5 75 ACC Greater Philadelphia Members Gottahava Wawa ®
more than 850 convenience retail stores (over 600 offering gasoline), Wawa stores are located in Pennsylvania, New Jersey, Delaware, Maryland, Virginia, Florida, and Washington, D.C. Members received tours of the Wawa Test Kitchen and their Innovation and Design Center, where new Wawa food and related equipment is tested and eventually approved for use in their stores. The program culminated in a half hour roundtable discussion with Mike Eckhardt, General Counsel, Maria Kalogredis, Deputy General Counsel and Tara Gibbons, Senior Legal Counsel who shared facts about Wawa’s business and Legal Team with an appreciative On January 14th 75 members of ACC audience and openly discussed how Greater Philadelphia descended on the Wawa handles such things as employ- new Corporate Headquarters of Wawa ment matters, use of internal and in Wawa, Pennsylvania, just outside external legal resources to support the of Philadelphia. The occasion was an business, intellectual property concerns, ACC Greater Philadelphia program that and opportunities for all corporate was meant to showcase ACC Greater associates, including members of the Philadelphia member companies. Legal Team, to work in the stores to The program began with a one-hour gain grass roots knowledge of how the presentation by Lawyers Concerned for stores actually operate. Lawyers of Pennsylvania, Inc. (LCL) The Greater Philadelphia Chapter focusing on the need to get confidential acknowledges Wawa with much appreci- and compassionate help to lawyers and ation for opening their headquarters to their families struggling with substance 75 happy members and plans on show- use and mental health disorders. Laurie casing additional member companies Besden, Executive Director and Brian later in the year. Quinn, Education and Outreach Coor- dinator, both lawyers themselves, shared their personal struggles and how LCL stepped in to literally save their lives. The program thereafter was all Wawa. Wawa, Inc., a privately held company, began in 1803 as an iron foundry in New Jersey. Toward the end of the 19th Cen- tury, owner George Wood took an inter- est in dairy farming and the family began a small processing plant in Wawa, PA, in 1902. As home delivery of milk declined in the early 1960s, Grahame Wood, George’s grandson, opened the first Wawa Food Market in 1964 as an outlet for dairy products. Today, Wawa is your all day, every day stop for fresh, built-to-or- der foods, beverages, coffee, fuel services, and surcharge-free ATMs. A chain of
6 Greater Philadelphia Chapter FOCUS 2Q20 Accused Patent Infringers Have Been Having Their Cake and Eating It Too . . . Until Now By Rubén H. Muñoz, Partner & Jonathan James Underwood, Counsel, at Akin Gump Strauss Hauer & Feld LLP
I. Introduction Circuit—the appellate court with exclu- reference” to the product’s instruction sive jurisdiction over patent matters— manual, estoppel did not apply.v The court On September 16, resolves this issue, patent litigants must rejected the patent owner’s argument 2012, the Amer- be wary of how competing approaches by that there was “no reasonable distinc- ica Invents Act district courts may impact the availability tion between the actual use of the device brought to life of invalidity defenses. itself and a manual which demonstrates” a speedier and its use. The court explained that the cheaper mecha- II. Showing that estoppel applies manual lacked relevant details that an nism to challenge inspection of the product could reveal. patents: inter IPR estoppel applies to any patent or Another court applied the same test, and partes review (IPR) printed publication that a petitioner found that a product was not estopped proceedings at actually knew about or “that could have even though photographs of it had been the Patent Office. been found by a skilled searcher’s dili- printed in a magazine.vi The court ruled Even though IPR gent search.” A patent owner bears the that estoppel did not apply because the challenges are burden of showing that estoppel applies, magazine did not show the product limited to anticipa- and can meet this burden by identifying in sufficient detail to show its relevant tion or obviousness the search string and the source of the features. grounds based prior art, and evidence of why a diligent i solely on prior art search would include such criteria. One Several decisions caution that a party patents or printed court has applied estoppel based on a cannot simply dress up a printed publi- publications, the popularity of these third party’s IPR petition, reasoning that cation as a product to avoid estoppel.vii proceedings is undeniable. To date, more the petition demonstrated that a skilled Those decisions explain that the court than 10,000 IPR petitions have been filed, searcher could be reasonably expected to will look carefully at how the defendant ii causing nothing short of a seismic shift discover the documents in question. uses the product and accompanying in the U.S. patent litigation landscape. documents in its invalidity arguments to By design, the IPR statute (35 U.S.C. § III. District court decisions assess whether the defendant is merely 311 et seq.) contains an estoppel provi- Several courts have ruled that the IPR swapping labels. However, for a variety of sion that prevents the petitioner (patent estoppel provision is narrow and exclu- reasons, those courts did not squarely challenger) from subsequently pursuing sively applies to patents and printed decide whether a product was merely a duplicative approach in district court. publications. For example, one court a dressed-up publication. For example, Under the statute, a petitioner who has explained that because the defendants despite a defendant’s argument that it received a final written decision in an IPR “could not have raised prior art systems, was asserting a product in an invalid- may not assert that a challenged patent such as products and software, during ity defense, the court found that the claim is invalid on any ground that the IPR proceedings,” estoppel did not apply defense was actually premised on the petitioner raised or reasonably could have to those invalidity defenses.iii Recently, product’s datasheet.viii Another court raised during the IPR. Because of the another court allowed a defendant to pro- did not reach the issue because the limited scope of IPRs, accused infringers ceed with obviousness combinations that patent owner failed to present evidence have argued that the statute contemplates included prior art off-road vehicles, even showing that the defendant had access the pursuit of anticipation or obvious- though the manuals for those vehicles to a sufficiently detailed printed publi- ness theories that are immune from IPR could have been raised in the IPR.iv cation to raise in the IPR.ix estoppel if those theories are based on, for example, a prior art physical product. Conversely, other courts have raised con- At the time of this writing, one court has On the other hand, patent owners have cerns about the potential for an accused recently applied estoppel to a product contended that estoppel should apply to infringer to game the system. Some deci- by considering the substantive differ- a product to prevent petitioners from sions indicate that the court might estop ences between the product and a printed an invalidity defense based on a product publication that could have been raised gaming the system. Despite district courts x having clear differences of opinion on this under certain circumstances. Those in an IPR. The court began by explaining issue, no court had applied estoppel to courts analyzed the differences between that the IPR statute distinguishes between a product until the District of Delaware the product and the printed publication. the grounds that may be raised (under §§ did so on January 14, 2020. For now, and One court explained that because the 102 and 103) and the evidence that can be until the Court of Appeals for the Federal product was a “superior and separate used to support those grounds (patents continued on page 8
7 continued from page 7 and printed publications). The court then IV. Future it should consider whether one district found that the product that the defendant might be more amenable to applying Appellate review of many decisions has wished to assert in its obviousness defense estoppel to a product. Conversely, an so far been foreclosed by stipulated dis- was “materially identical (i.e., disclose[d] accused infringer should consider the missals at the district court or voluntary the same claim elements)” to a publication likelihood that estoppel will apply to a dismissals on appeal. Until the Federal that reasonably could have been raised in product in the event of a failed IPR chal- Circuit resolves these issues, litigants the IPR. As such, the court ruled that the lenge that reached final written decision, should pay close attention to prior rul- ground reasonably could have been raised, and focus on how to pursue and present ings by their forum district. If a patent thus the obviousness defense was estopped. invalidity defenses in court. owner is able to sue in several districts, iClearlamp, LLC v. LKQ Corp., No. 12-cv-2533, 2016 WL 4734389 (N.D. Ill. Mar. 18, 2016). iiIronburg Inventions Ltd. v. Valve Corp., No. 17-cv-1182, 2019 WL 5862790 (W.D. Wash. Nov. 8, 2019). iiiZitovault, LLC v. IBM Corp., No. 16-cv-0962, 2018 WL 2971178 (N.D. Tex. Apr. 4, 2018). ivPolaris Indus., Inc. v. Arctic Cat Inc., No. 15-cv-4475, 2019 WL 3824255 (D. Minn. Aug. 15, 2019). vStar Envirotech, Inc. v. Redline Detection, LLC, No. 12-cv-01861, 2015 WL 4744394 (C.D. Cal. Jan. 29, 2015). viSRAM, LLC v. RFE Holding (Canada) Corp., No. 15-cv-11362, slip op. at 11-12 (N.D. Ill. Jan. 25, 2019). viiCal. Inst. of Tech. v. Broadcom Ltd., No. 16-cv-03714 (C.D. Cal. Aug. 9, 2019). viiiClearlamp. ixOil-Dri Corp. of Am. v. Nestle Purina Petcare Co., No. 15-cv-1067, 2019 WL 861394 (N.D. Ill. Feb. 22, 2019). xWasica Fin. GmbH v. Schrader Int’l, Inc., No. 13-cv-1353, 2020 U.S. Dist. LEXIS 9699 (D. Del. Jan. 14, 2020).
Member Spotlight ACC Greater Philadelphia 2020Q2 Newsletter Member Spotlight Q&A
4. Where did you attend college and to leave his dream job, we didn’t have any graduate school? What degrees do you family in the immediate area, and we hold? didn’t even know anyone out here. But we I received my undergraduate degree from decided it was an opportunity for me to Marquette University (See a theme here?) join the world’s largest mutual fund com- in Mathematics and Criminology. Most plex, so I took a leap of faith. We figured, recently, I received my MBA from Temple if nothing else, it would make life a little Laura more adventurous. Bautista University. . 5. What do you consider to be your 6. What’s the best thing about your 1. In what year did you start in your most pivotal career move? current job? current position? I would probably say that it was the Without a doubt, the best thing about I started in my position at Vanguard in decision to accept my role at Vanguard. I my current job is my colleagues. Being a 2017. I am currently an associate counsel had been working in-house at Marquette Midwesterner, I was worried about the on the Funds, Finance, and Governance covering a number of practices areas—IP, perceived “gruff” nature of people from the team. Tax, Real Estate, Sports, Political, Trusts East Coast. However, I was pleasantly sur- and Estates, and general Corporate Law. prised, both in and outside of work, when I 2. In what year did you first work in- The decision to join Vanguard meant that moved to Pennsylvania. Since we spend the house? I would go back to practicing Securities majority of our days with our colleagues, I I transitioned from a law firm to working Law (which I had done at the law firm think it is so important that we have good in-house in 2015. My first in-house role and missed) and would be leaving a working relationships. My colleagues are was with the General Counsel’s office at role teaching at Marquette’s Law School friendly, kind, and funny, and the culture Marquette University. (which I had wanted to do since being at Vanguard represents those character a student there). But it also meant a lot traits. They have certainly been a large fac- 3. What law school did you attend? more. We had just bought a house in tor in making my transition to Vanguard I attended law school at Marquette Wisconsin, we would be leaving our close and to Pennsylvania very smooth. University in Milwaukee, Wisconsin. group of friends, my husband would need continued on page 9
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7. What’s the worst job you’ve ever had? are a great way to see different local venues there and enjoy the local demeanor, sun- The day that I turned 14, I had a job. My (During one event, we actually got to walk shine, and focus on active and healthy life- mom, who was a high school teacher, had through the Eagles’ locker room!). Finally, styles. Outside of the U.S., I’d select France. helped (although, I don’t think I really had it’s a great community of very talented peo- French croissants are dangerously good, the a choice) me secure a position at the indoor ple willing to share diverse perspectives. shopping is excellent, the wine is even bet- pool at her high school. Everyone else who ter, and you can have completely different 10. How do you achieve work/life vacations from one city to the next. worked there went to school together, and balance? I didn’t know anyone or even what my I have actually come to dislike the phrase 13. A place I’ve never been but would job was when I walked in the door. Not most like to visit is... to mention that the pool was a 20 minute work/life balance. To me, the word bal- drive from our house and, since I was only ance conveys some ability to make each Cape Town, South Africa. All of the pic- 14, I had to ride my bike there and back. aspect of life plentiful at the same time. In tures I’ve seen are just breathtaking. Plus, Because I was too young to lifeguard, I had my opinion, there isn’t balance. Instead, you have mountains and the ocean. it’s more like a seesaw. If you give more in to start out as a locker room attendant. 14. My all-time favorite movie is... This role meant I sat in a classroom-style one area, you’re going to lose something desk in the corner of the locker room and in another area. For example, some days I am really bad at remembering movie made sure no funny business went on in I feel like I’m a better employee, but it’s titles and actor names, and I don’t typically there, all while trying not to look like too at the expense of being an okay mom for like watching movies more than once so much of a creep. that day. Other days I feel like I’m a stellar this is a strangely hard question for me. My mom, but it’s because I did nothing to help gut reaction is to go with 21 Jump Street. 8. What’s the most valuable life lesson out around the house that day. I think that Go ahead and laugh. you still apply today? the key is to set boundaries, acknowledge that you can’t always do everything or be 15. Even people who know me might be Work hard and be nice to everyone you surprised to learn that... meet. If you work hard, you will be able to everything to everyone, and be kind to look back, be proud of your accomplish- yourself when you inevitably allocate more I really wish I could sing. My mom has this ments, and simultaneously recognize where time to one aspect of life than another for beautiful voice, and I can barely hum in you need to lean on others for support. that day. The seesaw will certainly move. tune. I would also like to relearn how to play the piano. I gave up on it when I was Be nice to everyone because it is the right 11. If I were not practicing law, I’d... thing to do. If that mentality doesn’t work young—probably because I’ve never been for you, be nice to everyone because the I’d most likely be a teacher. But there is a musically inclined—but I just think it’s world is a small place. list of other options too: run a nonprofit, such a beautiful instrument. own a coffee shop, run a food tour com- 9. What do you consider to be the best pany, own a bed and breakfast, volunteer 16. If applicable, please tell us about thing about ACC membership? throughout the city, flip houses, tutor kids, your pet(s): There are a lot of great things about ACC own a yoga studio, or try a combination of We don’t have any right now. Although, I’m membership! The quality and quantity of any of the above. afraid I’m going to be outnumbered on that decision at some point. CLEs alone are enough to justify an ACC 12. My favorite vacation spot is... membership. Additionally, the networking events are always a lot of fun. Plus, because In the U.S., my favorite vacation spot is they’re hosted at throughout the city, they Colorado. I have always loved skiing out
Upcoming ACCGP Events
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JUNE 16 JUNE 23 JULY 7 & 8 JULY 28 & 29 VIRTUAL Intellectual VIRTUAL Employment VIRTUAL Contracts & SAVE THESE DATES Property Roundtable. & Labor Roundtable Commercial Law CLE for Our First Virtual PTAB Forum: IPRs, PGRs, Pennsylvania vs. New Institute In-house Counsel and CBMs - Pointers and Jersey: Which Law Is Conference! Perplexities Worse For Employers? Be on the lookout for calendar updates!
9 Past Events
MYC Networking Reception @ Creed’s February 25, 2020
Delaware Legal Hot Topics CLE @ Chemours February 6, 2020
10 Greater Philadelphia Chapter FOCUS 2Q20 Ski & CLE @ Bear Creek Mountain January 30, 2020
Lawyers Concerned for Lawyers & Wawa Kitchen Tour January 14, 2020
11 Holiday Party & Board Installation @ Racquet Club December 12, 2019
Ethics Follies @ AMC Theatre December 12, 2019
12 Greater Philadelphia Chapter FOCUS 2Q20 Meet Your Counterparts @ Gran Caffe L’Aquila November 21, 2019
New and Returning Members
Kendra Courtney Adjei Meghan Boyle Lisa Coleman Mark Dugan Altus Partners, Inc. American Water Works Vertex, Inc. Solenis LLC Service Company, Inc. Pooja Agarwal Nicholas Collura Daniel Dwyer FMC Corporation Michael Braverman Adaptimmune Southeastern Pennsylvania Attorney Transportation Authority Dorothy Allison Christina Congdon Hamilton Lane Advisors, L.L.C. Chris Brubaker PREIT Services, LLC Amy Fernandez Attorney Attorney Bree Archambault Domingo Cruz Airgas, Inc Jeffrey Martin Calcagni Toll Brothers, Inc. Sheri Flannery Toll Brothers, Inc. AmeriGas Propane, L.P. Antranig Baronian Larry Cullen West Pharmaceutical Services, Alison Chen CommScope Paige Fleming Inc. Merakey USA ARAMARK Corporation Patricia Dailey Janet Bauman Anthony Chwastyk Incyte Corporation Jason Freideich Hamilton Lane Advisors, L.L.C. Attorney CommScope Monica de los Rios James Becker Karen Cochran Casino Reinvestment Michael Gahagen FMC Corporation Shell Oil Company Development Authority Hamilton Lane Advisors, L.L.C. Alejandro Billinghurst Kevin Cohen Alice Deck Amy Garabedian CommScope Liberty Mutual Group FIS Spark Therapeutics, Inc. Dennis Bower Beth Cole Anthony Donofrio Lydia Gavalis ShopCore Properties LP Freedom Mortgage Hamilton Lane Advisors, L.L.C. Hamilton Lane Advisors, L.L.C.
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Kevin Golden John McGrath Jacqueline Pinkas Lori Anne Denise Toll Brothers, Inc. QualTek USA, LLC Ellucian Company LP Swanson CommScope John Gray Shawn Megathlin Lauren Platko DuPont Trident Mortgage Company Hamilton Lane Advisors, L.L.C. Amber Tappen CIGNA Property & Casualty Kenneth Greenspan Sarah Mehra Dominique Pride Toll Brothers, Inc. Hamilton Lane Advisors, L.L.C. Clarivate Anthony Tucci, III CommScope Margret Hagar Steven Melzer Janice Read Spring Education Group Hamilton Lane Advisors, L.L.C. Clarivate Troy Van Aacken CommScope Yuan Han M.J. Menendez Leslie Reeve Johnson Matthey Inc. NMS Labs Brenntag North America, Inc. Chris VanBuskirk Johnson Matthey Inc. Vicki Harjit Craig Miller Elaine Reilly CommScope Toll Brothers, Inc. The Chemours Company Christopher Varano ARAMARK Corporation Alice Harvey Amy Minniti Daniel Reilly AAA Club Aliance Inc. Spectra CommScope Farzeen Ventresca. Brian Joell Benjamin Mittman Lori Ridyard Fresenius Medical Care Resources for Human Hamilton Lane Advisors, L.L.C. Avantor, Inc. North America Development, Inc. Linda Morris Yolanda Rodriguez Laura Warren Kristin Jumper Vertex, Inc. Toll Brothers, Inc. Hamilton Lane Advisors, L.L.C. Hamilton Lane Advisors, L.L.C. Danielle Moseley Zalman Schapiro Randal White Danielle Kalish The Vanguard Group, Inc. Cutting Edge Healthcare ECRI Institute Comcast Corporation Lauren Moser Willa Schell Stewart Wiener Maria Kelly Toll Brothers, Inc. Livent Corporation CommScope PPL Services Corporation Sang Na Karen Schneck Christopher Winter Keith Kleinman ARAMARK Corporation Johnson Matthey Inc. FIS Hamilton Lane Advisors, L.L.C. Laura Najemy Adam Shane Theresa Zabawa Evan Krick City of Wilmington Hamilton Lane Advisors, L.L.C. Attorney DuPont de Nemours Hideyuki Nakayama Sonia Shariff Scott Zinman Crystal Lacey Ricoh USA, Inc. Chubb Group Siemens Corporation SUEZ Water Technologies & Shawn Neuman Ashley Shea Solutions Liberty Property Trust Toll Brothers, Inc. Anthony Lagreca Michelle Nofer Gurjeet Singh Philadelphia Energy Solutions Draeger Medical Systems, Inc. Nasdaq, Inc. Linda Lavelle Daniel Oberdick, Jr. David Smith Elsevier Brenntag North America, Inc. Toll Brothers, Inc. Nicholas Lingle Jordan O’Regan Thomas Smith, III West Pharmaceutical Services, Hamilton Lane Advisors, L.L.C. Toll Brothers, Inc. Inc. Lindsay Orr Christine Soares Nicholas Lingle Chesapeake Utilities American Water Works West Pharmaceutical Services, Corporation Service Company, Inc. Inc. Mitchell Paul Bernadette Sparling Sonia Lopez EPAM Systems, Inc. SEI Investments Company Hamilton Lane Advisors, L.L.C. Maximilian Perricone Matthew Stranger Vincent Manuele GoBrands, Inc. American Water Works HKA Global, Inc. Service Company, Inc.
14 Greater Philadelphia Chapter FOCUS 2Q20
Sponsors We thank our 2020 Sponsors for their support of our chapter. for 2020 Without them, we could not achieve the levels of success that the chapter consistently reaches.
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15 Chapter Leadership
President and Legal Treasurer Jeremy Menkowitz Pia Biswas Operations Liaison Joseph Nullmeyer Deputy General Counsel. Senior Legal Counsel Jackie Meredith-Batchelor VP, General Counsel. Comcast Corporation SAP America, Inc. Sr. Associate General Counsel Mitchell Martin Inc. National Railroad Passenger Jonathan Margolis Scott Schwartz Corp. Immediate Past President VP and Counsel General Counsel and Advocacy Liaison Toll Brothers, Inc. Dansko, LLC President Elect A. Peter Prinsen Michael Eckhardt Senior VP & General Counsel Kevin Griffin Shahrzad Kojouri Vice President, Chief Risk The Graham Company Assistant General Counsel VP Legal and Compliance Officer, General Counsel & Ramboll US Matic Insurance Services, Inc. Secretary Board of Directors Wawa, Inc. Alejandro Bautista Kristen Han Srikala Atluri Counsel Senior Counsel IP Strategy Counsel First Vice President PJM Interconnection, L.L.C. Five Below, Inc. Hewlett Packard Enterprise Daniel R. Slawe Senior Corporate . Caroline Henrich Laura Bautista Stephanie Win Hu Counsel-Global Field Legal, . General Counsel & Secretary Associate Counsel Counsel SAP America, Inc. Vanguard Comcast Corporation Cheryl Maddox Second Vice President General Counsel Matthew Shaw Chapter Administrator Lisa Fleischer Public Financial Management, Inc. General Counsel Chris Stewart Chief Legal Officer eOriginal Inc. ACC Greater Philadelphia De Lage Landen Financial Csongor Pinter Chapter Assistant Services, Inc Corporate Legal Counsel Michelle Hammel Chief Legal Officer Joanne Ray Secretary The Chemours Company FC, LLC Delaware River & Bay Authority ACC Greater Philadelphia Sadeq Khan Chief Compliance Officer & Frank Borchert General Counsel & Corporate Pamella Raison Deputy General Counsel Senior Corporate Counsel Vertical Screen, Inc. Secretary Marlette Funding, LLC Farmers Group, Inc.
16 Greater Philadelphia Chapter FOCUS 2Q20