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FBAnewsletterFall 2010 Federal Bar Association - Eastern District of Michigan Chapter - 52 years of service to our Federal Bench and Bar

Rakow Awards/ President’s Column Historical Society Luncheon Laurie Michelson The annual joint luncheon of the Chapter and the His- torical Society of the U.S. District Court for the Eastern I left the Gilman luncheon last District of Michigan will be held on Thursday, November April with such a good feeling. 18, at the historic Westin Book Cadillac Hotel in downtown We knew about Doug Mullkoff’s Detroit. A reception begins at 11:30 a.m. with the luncheon dedication to his criminal defense work and it was moving to listen starting at noon. to him speak with such joy and The program will feature the presentation of the Fed- passion about it. It was equally inspirational to listen to eral Bar Foundation’s annual Rakow Scholarship Awards Detroit Mayor Dave Bing and his hopes and dreams for to students from each of Michigan’s law schools and a very our wonderful City -- and to think special Historical Society program featuring Ross Parker, about the life he put on hold to author of the book Carving Out the Rule of Law: The try to bring all of us better days. History of the United States Attorney’s Office in Eastern It was with this renewed sense Michigan, 1815-2008. Ross Parker was the chief of the of pride that I went immediately criminal division in the U.S. Attorney’s Office in Detroit to the airport to catch a plane to for 8 years and an AUSA for 28 years in that office. Washington, D.C. for a 2-day training program put on Since 1969, the Edward H. Rakow Scholarship Fund by the National FBA for the incoming Presidents of the has been administered by the Federal Bar Foundation of local chapters. Detroit, honoring Mr. Rakow’s contributions to the legal It was not long after introducing community and recognizing his central role in the founding myself and the Chapter I was from of the Chapter more than 50 years ago. The Foundation that the typical refrains started – you awards an annual scholarship to a student from each Michi- live in Detroit? Why? Are there any gan law school who demonstrates outstanding scholarly jobs in that City? Don’t you worry about getting members? These achievement in securities law. If a securities law course is questions come not from personal knowledge and experi- not available, then the award goes to an outstanding student ences, but media-driven perceptions. So I view gather- in corporations or business law, as determined by the dean ings like the Training Program as opportunities to educate of the law school. For more information about Mr. Rakow the rest of the country about the benefits of practicing law and the Scholarship in the metropolitan Detroit area. And, frankly, the focus of Inside this issue Awards that honor the Program made this easier than I anticipated. There New AUSAs pg. 2-3 his memory, visit the are several core elements that the speakers all identified Chapter’s website, as necessary to create a successful FBA chapter. The State of the Court Luncheon pg. 3-4 click on “Newslet- E.D. Michigan Chapter excels in ALL of them – and that ters” and download has to be considered a positive by future lawyers making Diversity Committee & decisions about where to practice: CLEO Summer Program pg. 4 the Summer 2008 edition. • Participation by the Judiciary: it was repeated Judicial Intern Program pg. 5 For more infor- over and over, “If you can find a way to get your judges Supreme Court Preview mation about this involved, people will come to your events.” I suspect there pg. 5-6 luncheon or the lun- are not many other chapters where the Bench: (1) pro- Spotlight on Porter pg. 7 cheon series, please vides financial support for the programs and Newsletter; contact Thomas M. (2) holds numerous Executive Pro Bono Honorees pg. 7-8 Board and Committee Chair/Li- Schehr, Chapter Pro- Dave Weaver pg. 8-9 aison positions; (3) meets with WINNER gram Chair, at (313) the officers yearly; (4) headlines 8 YEARS Law Clerk List pg. 9 568-6659 or by email most programs; and (5) fills a National FBA Officers and Directors pg. 9-10 at TSchehr@dyke- seat at virtually every table of the Outstanding ma.com. Tickets are events. N e w s l e t t e r Committee List pg. 10-12 $25.00 for members A w a r d Calendar of Events pg. 11 and $30.00 for non- (continued on page 2) members. 1 New AUSAs President’s Column (continued) • Chapter Communications: Incoming Presidents were told, “You have Over the last five months, to find a way to communicate with the membership.” For the past eight years, the United States Attorney’s the national FBA has recognized our Newsletter as a recipient of its Outstanding Office has welcomed 12 new Newsletter Award. Members do not have to attend all events to know what is hap- Assistant United States At- pening within the Chapter and the community. Our new monthly “E-Blast” not only torneys. Commenting on the previews upcoming FBA events, but also showcases the activities of the Affinity Bar new members of her staff, organizations. The FBA website (www.fbamich.org) provides even more detailed U.S. Attorney and former information about events, easy sign-up capability and everything you want to know Chapter President Barbara about the organizational structure of the Chapter. McQuade stated that the • Programming: We were told that “It is the quality of the programming that Office’s “goal has been to most attracts and retains members.” With close to 30 Committees run by over hire excellent attorneys from 50 co-chairs and liaisons, there are, every year, programs and events that cover diverse backgrounds.” The virtually every substantive area of federal practice; constant efforts to improve our new hires fit that goal. diversity; much needed provision of pro bono services; and fun social events where Lynn Dodge joined the the bench and bar can interact less formally. Civil Division, Defensive For a myriad of reasons, the members of our Chapter chose to reside and practice law in the Eastern District of Michigan. There are several simple things we can do Litigation Unit, after having to try to convince others to do the same: served as a Special Assistant • Alleviate law student migration: It would be tremendously helpful if the U.S. Attorney since 2007. top-ranked law school in the State followed the lead of the other local law schools During that time she also and encouraged the student body to stay and practice in the Detroit-area. Our Law worked as an Assistant Clini- Student Committee works closely with the student chapters and utilizes the law cal Professor for the Univer- school motion days to talk to the law students about the diverse and challenging sity of Detroit Mercy School work that this area has to offer as well as the much greater likelihood of experienc- of Law. Lynn is a former ing collegiality with peers and judges in the Midwest than on either coast. Administrative Law Judge in • From judicial law clerks to law firm law clerks: The federal judges attract Washington, D.C. She gradu- the very best law students who spend several years honing their legal research and ated from the University of writing skills and learning how to practice in federal court. They are every law firm’s Detroit Mercy School of Law dream associate – including the top national law firms that do not recognize any and the University of Michi- local boundaries. We appreciate any encouragement the judges, career clerks and gan. Lynn is also a Chapter judicial staffs give to the clerks to continue their legal careers in Michigan. Working member. to retain the law clerks is also one of the charges of the Chapter’s Law Clerk Com- Eric Doeh joined the mittee. Drug Task Force. Eric pre- • Let’s not be our own worst enemy: When we work on cases with lawyers or clients in other jurisdictions, let’s say positive things about our City. As Mitch viously worked for the Wayne Albom aptly explained: County Prosecutor’s Office Maybe you ask, as I get asked all the time, “Why do you stay there? and as a prosecutor at the Why don’t you leave?” Maybe because we like it here. Maybe because this District of Columbia Office of is what we know: snow and concrete underfoot, hardhats, soul music, lakes, Attorney General. Eric was hockey sticks. Maybe because we don’t see just the burned-out houses; we born in Liberia and came to also see the Fox Theater, the Detroit Institute of Arts, the Whitney restaurant, the United States at the age the riverfront that looks out to Canada. Maybe because we still have seniors of 11. He is a graduate of who call the auto giant “Ford’s”, like a shop that’s owned by a real human being. Maybe because some of us subscribe to Pastor Covington’s words, Cleveland-Marshall College We are somebody because God loves us, no matter how cold the night or of Law at Cleveland State hard the mattress. Maybe because when our kids finish college and take University and the University that first job in some sexy faraway city and a year later we see them back of Michigan. home and we ask what happened, they say, “I missed my friends and fam- Andrew Goetz joined ily.” And we nod and say we understand. The Courage of Detroit, SI.com the Appellate Division. An- (January 9, 2010). drew came from the law firm We can host a Super Bowl, an All-Star game, the Final Four and the Detroit In- ternational Auto Show. We are one of a very few cities that can have a basketball of Wilmer Cutler Pickering team and hockey team in the playoffs on the same night that our baseball team is Hale & Dorr in Washington, also in action. We have museums, theaters, restaurants and music. And we have D.C. He previously clerked extraordinary legal talent. I hope that this year our Chapter can continue to provide for Judge Mary Beck Briscoe programs, services, resources and camaraderie that make all of our members want on the 10th Circuit Court of to stay and new members want to join. “Just say yes to [the Eastern District of] Appeals. Andrew gradu- Michigan!” ated from the University of Michigan Law School and 2 Michigan State University, where he earned his degree in the University of Michigan-Dearborn. Maggie is a Chapter Chemistry and Political Science. member. Jerome Gorgon joined the Criminal Division, General Terrence Thompson joined the Forfeiture and Financial Crimes Unit, after having Litigation Unit. Terrence worked at the law firm of previously worked at the Honigman Miller Schwartz law firm of Miller Can- and Cohn LLP. Previously, field Paddock and Stone he clerked for Judges Da- in Detroit. He is active in mon Keith and Anna Diggs Big Brothers Big Sisters of Taylor. Jerome received Metro Detroit. Terrence is his undergraduate and law a graduate of Wayne State degrees from the Univer- University Law School. sity of Michigan. Tony Vance joined Stephanie Hays joined the Flint Branch Office. the Criminal Division, Gen- Tony is a former criminal eral Crimes Unit. Stepha- defense attorney, having nie came from the Fraud had his own practice for Section of the Criminal the past nine years in Flint. Division at the Depart- He clerked for Chief Judge ment of Justice, where she Back row: Jerome Gorgon, Andrew Goetz, Stephanie Hays, Robert M. Ranson of the had been working in the Eric Doeh, Terrence Thompson. 7th Judicial Circuit Court U. S. Attorney’s Office Front row: Laura Sagolla, Hala Jarbou, Margaret Smith, in Genesee County. He as part of the Health Care Lynn Dodge. also is skilled in pen and Fraud Strike Force. She is ink drawing. Tony earned a graduate of Yale Law School, holds a master’s degree his JD from DePaul University College of Law. in Literature from Berkeley, and received her bachelor’s Tare Wigod joined the Flint Branch Office. Tare came degree from the University of Texas. from the Oakland County Prosecutor’s Office, where he Hala Jarbou joined the Criminal Division, General worked for nine years. He received his law degree from Crimes Unit. Hala previously served Case Western University School of in the Oakland County Prosecutor’s Law, and his undergraduate degree Office, where she had served as an As- from Washington University, where he sistant Prosecuting Attorney since 1997. majored in Psychology and Spanish. She is a graduate of Wayne State Uni- He is also fluent in Spanish. versity Law School and the University of Michigan-Dearborn. Gjon Juncaj (pronounced John State of the Court Yoon-ch-eye) joined the Forfeiture Luncheon and Financial Litigation Unit. For the past six years Gjon served as a Senior Once again, the Chapter kicked off Litigation Counsel with the Depart- its program year with the annual State ment of Justice, Office of Immigration of the Court Luncheon on September Litigation, in Washington, D.C. He is a 15th at the Westin Book Cadillac. graduate of Wayne State University Law As has become tradition, the Chap- School and Michigan State University. ter took a moment to recognize the Laura Sagolla joined the Civil Divi- Chief Judge Rosen and Laurie attorneys who have provided pro bono sion, Defensive Litigation Unit. Laura Michelson at the September 15th State representation for parties before the came from the Ann Arbor law firm of of the Court Luncheon. Photo by John Court in the past year. Pro Bono Com- Kanji & Katzen, and before that worked Meiu, courtesy of Detroit Legal News mittee member Judge Paul D. Borman at Dykema Gossett. She graduated Publishing LLC. filled in for Committee Chair Judge from the University of Michigan Law Denise Page Hood and announced the School and has a doctorate in English from the University awards for more than 70 attorneys. The names of the of Pennsylvania. awardees are listed elsewhere in this issue. Margaret “Maggie” Smith joined the Appellate Divi- Following lunch, Chief Judge Gerald E. Rosen ad- sion. Maggie came from the staff of Sixth Circuit Judge dressed the 279 assembled members of the bench, bar, and James Ryan, where she had served as a Career Law Clerk other guests. Chief Judge Rosen first directed attention to a since 2007. She received her juris doctorate from Ave handout containing Court statistics which can be accessed Maria School of Law, and her undergraduate degree from (continued on page 4) 3 State of the Court (from page 3) at https://www.fbamich.org//index.cfm?location=151&P arentID=156 Picking up where he left off in an address given a few years ago when “pinch-hitting” for then Chief Judge Ber- nard A. Friedman, Chief Judge Rosen focused his remarks on the physical condition of the Courthouse. Chief Judge Rosen commented that the state of the Court is good, but the physical state of the Courthouse is not. He noted that the General Services Administration and other agencies and consultants all agree that the Courthouse needs to be replaced or significantly renovated. Congress, however, has mandated a moratorium on the construction of new courthouses, and logistical issues and budgetary constraints prevent a complete renovation of the Courthouse from taking place. Elisa Angeli Palizzi and Eastern Michigan Uni- Chief Judge Rosen stated that, while he was not versity student Dorthea Thomas at the June 8th CLEO optimistic that a solution to this problem could be found event. Photo by John Meiu, courtesy of Detroit Legal quickly, he pledged that he and others would continue to News Publishing LLC. make it a top priority in the coming years. Chief Judge Rosen’s full remarks are available online at https://www. The Chapter’s Diversity Committee shares that goal fbamich.org//index.cfm?location=195&ParentID=156 and proudly sponsored a luncheon for the CLEO Sopho- more Summer Institute attendees on June 8th at Cooley’s Diversity Committee Involved in Auburn Hills campus. Along with the luncheon, the Diver- CLEO Sophomore Summer sity Committee conducted a panel presentation informing the students about the variety of career paths available to Institute law school graduates. Panel members answered questions, provided career advice, advice about the law school ex- This past June, the perience, and sought to American Bar Associa- motivate and inspire the tion’s Council on Legal students in their pursuit Education Opportunity of a career in the legal (CLEO) partnered with profession. Oakland University and Chapter members Thomas M. Cooley Law taking part in the CLEO School and brought to luncheon program in- Michigan, for the first cluded immediate past time, the ABA’s nationally Chapter President Elisa recognized Sophomore Angeli Palizzi, current Summer Institute. The Chapter President Laurie goal of this CLEO program Michelson, Diversity is to bring together stu- Committee Chair Eliza- dents from diverse racial, beth Stafford, Chapter ethnic, socioeconomic and Executive Director Brian geographic backgrounds Figot, Executive Board and to provide them with Martha Moore, Elizabeth Stafford, Brian Figot, Natasha Web- Members Terri Serra, the training necessary to ster , Laurie Michelson, Terri Serra, Elisa Angeli Palizzi, Saura and Dona Tracey, and successfully prepare them Sahu, Marcy Rosen and John Nussbaumer at the June 8th CLEO Chapter members Nata- to navigate the road to event. Photo by John Meiu, courtesy of Detroit Legal News Pub- sha Webster, Saura Sahu and through law school. lishing LLC. and Marcy Rosen. As CLEO’s Executive Judging from the Director Cassandra Ogden quality and quantity of explained, the Sophomore Summer Institute advances student inquiries, the program was well received. CLEO’s mission of diversifying the legal profession so that one day the legal profession will reflect the diversity of the people it serves. 4 Programs For Judicial Interns civil rights liability. In Los Angeles County v. Humphries, No. 09-350, the Court will consider whether, to obtain a In furtherance of its commitment to diversity, the declaration that his rights were violated by a local gov- Chapter partnered with the Wolverine Bar Association this ernmental entity, a civil rights plaintiff must show that summer to present two programs for judicial interns. the violation was the result of a governmental policy, On July 14th, a crowd of judicial interns paid keen at- and whether a plaintiff can obtain attorney’s fees absent tention to a panel of attorneys who offered advice regarding such a showing. The Court will also consider whether a preparing for and participating in interviews. Elizabeth prosecutor’s office may be held liable on a failure-to-train Stafford moderated the discussion between panelists Laurie theory based on only a single constitutional violation Michelson, current Chapter President; Kimberly Altman, arising from the allegedly deficient training in Connick v. career law clerk to Judge Avern Cohn; and AUSA Blondell Thompson, No. 09-571. Morey. The Court will also consider whether states are liable The experienced panelists offered interviewing tips that for money damages under the Religious Land Use and Insti- were both general and particular to their respective types tutionalized Persons Act, Sossamon v. Texas, No. 08-1438, of offices. The attendees universally expressed gratitude and whether the Eleventh Amendment bars suit brought for the panel discussion. Some commented that they were against state officials by an independent state agency,Vir - especially appreciative of the opportunity to learn how to ginia Office for Protection and Advocacy v. Stewart, No. approach interviewing for judicial clerkships and the U.S. 09-529. Finally, in General Dynamics v. United States, No. Attorney’s Office. The program was unique in offering 09-1298, and Boeing Co. v. United States, No. 09-1302, those perspectives. the Court will address whether the Due Process Clause A number of the interns were quickly able to put the prohibits the Government from maintaining a claim against panelists’ advice to use the following week, on July 19th, a defendant while simultaneously asserting the state-secrets when the Chapter hosted mock interviews. The students privilege to deny the defendant a defense to the claim. prepared for the mock interviews with the assistance of a In substantive civil rights matters, the Court will list of common interview questions as well as the back- consider whether: ground information of a fictitious law firm; these items • the Government violates a federal contract were provided to them beforehand. employee’s right to informational privacy by ask- Attorneys Matthew Allen, Elisa Angeli Pallizzi, Julia ing in the course of a background investigation Caroff, Sarah Resnick Cohen, Stephanie Dawkins Davis, whether the contractor has received drug treatment Leonid Feller, Jerome Gorgon, Chris Graveline, Daniel or counseling, or by asking the contractor’s refer- Lemisch, Diane Marion, Saima Mohsin, John Nussbaumer, ences for adverse information that may bear on Antoinette Raheem and Barrington Wilkins played the role her suitability for employment in a federal facility, of interviewers for the fictitious firm, giving the students NASA v. Nelson, No. 09-530. a realistic experience. The participating interns gained • protestors at funerals of military service mem- valuable interviewing practice, and the volunteer attorneys bers may, consist with the First Amendment, be were impressed with the level of talent they witnessed in held liable for intentional infliction of emotional the students. distress. Snyder v. Phelps, No. 09-751. • state law restrictions on violent video games and their sale to minors is permissible under the Supreme Court First Amendment. Schwarzenegger v. Entertain- Preview ment Merchants Ass’n, No. 08-1448. by M Bryan Schneider* • taxpayers have standing to bring an Establish- ment Clause challenge to a state tax credit given The Supreme Court term against payment for private school tuition, and opened on October 4th, and prom- whether such a credit is permissible under the ises to once again provide a host Establishment Clause. Arizona Christian Tuition of decisions impacting federal v. Winn, No. 09-987. practitioners. As of the opening of the Court’s October 2010 Term, In business and employment matters, the Court will the Court had granted certiorari consider whether, under the Bankruptcy Act, a debtor can in 51 cases, slightly below the 59 deduct from projected income the ownership costs of a and 58 grants that had been issued by the start of the 2009 vehicle only if the debtor is making payments on the ve- and 2008 Terms, respectively. If the Court follows its hicle, Ransom v. MBNA, No. 09-907. The Court will also practice from the last few terms, another 15-20 grants can consider the preemptive scope of the National Childhood be expected in the coming months. Vaccine Injury Act, Brueswitz v. Wyeth, No. 09-152, federal Among the cases of interest to federal civil practitio- motor vehicle safety regulations, Williamson v. Mazda, ners, the Court will consider a number of issues relating to No. 08-1314, and the Immigration and Nationality Act as (continued on page 6) 5 Supreme Court Preview (from page 5) prevents a sentence reduction based on a subsequent lower- ing of the sentencing guidelines range, Freeman v. United applied to a state laws requiring state employers to verify States, No. 09-10245. the immigrations status of job applicants and revoking the With respect to questions of statutory and constitu- licenses of businesses that hire undocumented workers, tional criminal procedure, the Court will consider two Chamber of Commerce v. Whiting, No. 09-115. Confrontation Clause issues: whether statements to police In two employment discrimination cases, the Court will of a wounded victim in response to preliminary inqui- address whether an employer is liable for the discriminatory ries concerning the perpetrator and circumstances of the acts of supervisors who do not make employment decisions shooter constitute testimonial hearsay prohibited by the but who do influence the decision makers, Staub v. Proctor Confrontation Clause, Michigan v. Bryant, No. 09-150, Hosp., No. 09-400, and whether an employee fired because and whether, consistent with the Confrontation Clause, a of her relationship to another employee who engaged in laboratory report that constitutes testimonial hearsay may protected activity may bring suit under the anti-retaliation be introduced through the testimony of a supervisor who provision of Title VII, or whether instead suit is limited to did not actually perform or observe the laboratory analysis, the employee who actually engaged in protected conduct, Bullcoming v. New Mexico, No. 09-10876. Thompson v. North Am. Stainless, No. 09-921. In an interesting Fourth Amendment case, the Court The Court will also consider two Freedom of Informa- will consider the extent to which exigent circumstances tion Act (FOIA) cases during the upcoming term. In Milner may be impermissibly “created” by otherwise lawful police v. Dep’t of the Navy, No. 09-1163, the Court will consider action, thereby precluding warrantless entry, Kentucky v. the scope of the FOIA exemption for an agency’s internal King, No. 09-1272. And in a statutory case, the Court will personnel rules and procedures. Similarly, the Court will determine whether the time between filing of a pretrial mo- address whether the FOIA exemption for law enforcement tion and disposition of the motion is automatically excluded information the disclosure of which could cause an unwar- under the Speedy Trial Act. United States v. Tinkleberg, ranted invasion of “personal privacy” extends to the privacy No. 09-1498. of corporate entities in FCC v. AT&T, No. 09-1279. Finally, The Court will also consider a number of habeas corpus for civil procedure aficionados, the Court will determine cases during the upcoming term. The Court will address whether a party who has been denied summary judgment whether a state court summary decision containing no rea- and lost at trial may appeal the trial court’s denial of sum- soning is entitled to deference under the Antiterrorism and mary judgment, or is instead limited to challenging the Effective Death Penalty Act, and whether the petitioner’s result of the trial. Ortiz v. Jordan, No. 09-737. lawyer was ineffective for failing to introduce expert The Court will also consider two personal jurisdiction testimony regarding blood stain evidence, Harrington v. cases relating to foreign defendants: whether a foreign Richter, No. 09-587. Additionally, the Court will consider manufacturer is subject to personal jurisdiction in the fo- whether a federal court may conclude that a state court’s rum state where the manufacturer targets the United States determination of the facts was unreasonable on the basis market, and a consumer purchases its products in the forum of facts which could have been, but were not, presented to state, J. McIntyre Machinery v. Nicastro, No. 09-1343, the court, Cullen v. Pinholster, No. 09-1088. and whether a foreign manufacturer is subject to general On procedural habeas corpus matters, the Court will personal jurisdiction in the forum state when third parties consider whether the one-year limitation period govern- sell in the forum state products placed in the stream of ing habeas petitions is tolled for the time spent pursuing a commerce by the defendant, Goodyear Luxembourg Tires sentence reduction in state court, Wall v. Kholi, No. 09-868, v. Brown, No. 10-76. and whether a state law prohibiting an inmate from bring- On the criminal side of the Court’s docket, the Court ing a collateral challenge if the defendant “substantially will address a number of sentencing issues. In Abbott v. delayed” bringing the challenge constitutes a procedural United States, No. 09-479, the Court will consider whether bar to habeas review, Walker v. Martin, No. 09-996. the five-year mandatory sentence for using a gun during Finally, the Court will consider two questions relating certain drug trafficking crimes or crimes of violence applies to the scope of habeas review. In Premo v. Moore, No. when the predicate crime, or another separate crime aris- 09-658, the Court will consider whether a petitioner who ing from the same incident, carries a mandatory minimum pleaded guilty may obtain habeas relief on the ground that sentence of more than five years. his counsel was ineffective in failing to move to suppress a The Court will also determine whether, following the coerced confession. And the Court will consider whether vacating of a sentence on appeal, a court may consider a a suit brought by a prisoner seeking access to biological defendant’s post-sentencing rehabilitation at resentencing, evidence for DNA testing is properly brought in a habeas and whether a newly assigned judge is bound by the prior corpus petition or as a federal civil rights suit in Skinner judge’s original sentencing findings, Pepper v. United v. Switzer, No. 09-900. States, No. 09-6822. And the Court will consider whether *Bryan Schneider is Career Law Clerk to Magistrate a Rule 11(c)(1)(C) plea agreement, which binds the district Judge Paul J. Komives. court to impose the sentence provided in the agreement, 6 Spotlight on Tom Porter he continued supervisory involvement in legal matters until by Thomas D. Esordi* his departure from Barton Malow in late 2009. For about nine years, Tom played a significant role in Tom Porter, who served as Chapter President from the management decision-making for Barton Malow. It is a 2000-2001, does not have the resume of a typical FBA $1.6 billion national construction services firm with market member. While still a member of the Michigan Bar, Tom’s expertise that includes health, education, manufacturing, career developed and progressed from courtroom lawyer, power, sports, federal, and specialty contracting. For over handling construction and other commercial claims, to five years, Tom was Executive Vice President of Barton proven executive experience in the construction industry. Malow and its parent holding company. As one of the Tom is a 1980 graduate of the University of top two or three leaders of the organization, he Michigan Law School, magna cum laude, near reported directly to the Chairman/CEO. He also the top of his class, where he was a senior editor held positions as Secretary and member of the of the Law Review and author of a published Board of Directors of both entities. He was one Note. In 1977, Tom earned his bachelor’s de- of the most significant stockholders apart from gree from John Carroll University, summa cum the family that holds the controlling interest. laude. He graduated first in the class, at age As a core member of the senior leadership 19, with a perfect 4.0 GPA. He was high school team, Tom participated in decisions for all aspects valedictorian at Cleveland St. Ignatius at age of the business including strategy, organizational 16. Throughout high school and college, Tom development, business planning, operations, was a competitive debater, winning the National and administration. His line authority extended Student Speaker of the Year Award in 1977. to all corporate service functions (Accounting, Corporate Affairs, Diversity, Finance, Human Tom began his legal career at the U.S. De- Tom Porter partment of Justice, Civil Division, Washington, Resources, Information Technology, Legal, Mar- D.C. He was a trial and appellate attorney representing keting, Risk Management, Quality, Safety). He was the Government in major court matters nationally. As chairman of, and had profit and loss responsibility for, the primary courtroom counsel, Tom represented many federal Company’s captive insurer. From 2001 to 2004, Tom was departments in trials and appeals concerning Government a Senior Vice President of Barton Malow and its parent. contracts, federal personnel, fraud matters, major loan During those years, Tom exercised important influence on programs and other commercial and statutory claims. the company’s overall direction, including service on vari- In late 1985, Tom joined Dykema Gossett as an as- ous management committees and task forces. sociate attorney and was elected partner two years later. Tom is now an independent business consultant spe- Tom worked in the litigation department handling major cializing in construction industry, design-build and risk business disputes for clients in multiple industries, includ- management issues. He is Immediate Past Chairman and ing manufacturing, retail, insurance and financial services, current board member of the Design-Build Institute of other professional services, and construction. The subject America (DBIA). He formed Tom Porter Services LLC matter of his cases covered contracts (including construc- in 2009. tion and government contracts), corporate and securities While Tom no longer practices law, he has enjoyed disputes, antitrust and trade regulation, accounting and the change, development and progression of his career. legal malpractice, intellectual property, and business torts. He moved on to participate in organizations more akin to He served as counsel to the law firm on professional re- his current activities. He wholeheartedly enjoyed his time sponsibility matters and as liaison to the firm’s malpractice and participation with the Federal Bar Association and is insurer. He continued with the firm until leaving in 1998 impressed and thrilled to see, like his career, the develop- for a position at Barton Malow Company. ment and progression of the Chapter. While at Dykema Gossett, Tom began serving as *Thomas D. Esordi is a principal at the law firm of General Counsel of Barton Malow in 1997. He took over Kitch Drutchas Wagner Valitutti & Sherbrook and a mem- full authority for the company’s legal affairs, including ber of the Newsletter Committee. litigation management; counseling on project issues; claims avoidance; drafting, review and negotiation of contracts; and corporate legal matters. By 1998, he joined Barton 2010 Pro Bono Honorees Malow full time as Vice President and General Counsel. After taking on more and more executive leadership Michelle L. Alamo Dickinson Wright business obligations, Tom was promoted to Senior Vice Elisa Angeli-Palizzi Miller Canfield President in 2001 and retained the General Counsel respon- Patrice S. Arend Jaffe Raitt Michael W. Bartnik Bartnik Law Offices sibility. Upon advancement to Executive Vice President in Colin M. Battersby Miller Canfield 2004, he appointed a new General Counsel and maintained Robert R. Beaupre Private Practice an oversight role as Chief Legal Officer. In that capacity, Edward A. Bojoka Bojoka Law (continued on page 8) 7 Pro Bono Honorees (from page 7) Joseph W. Uhl Miller Canfield Michael G. Vartanian Dickinson Wright Randal M. Brown Plunkett Cooney Scott A. Warheit Miller Canfield Thomas P. Bruetsch Bodman Alan S. Wittenberg Alan Wittenberg Tiffany A. Buckley-Norwood Dickinson Wright Adam A. Wolfe Pepper Hamilton Colleen H. Burke Collins Einhorn L. Pahl Zinn Dickinson Wright Manuel Calderon General Motors Richard E. Zuckerman Honigman Mark A. Cantor Brooks Kushman Michelle A. Carter Bodman Alicia B. Chandler Wachler & Associates Margaret Costello U of D Mercy School of Law Court David J. Council Dykema Administrator Thomas W. Cranmer Miller Canfield Kassem M. Dakhlallah Jaafar & Mahdi Law Group Dave Weaver Kahlilia Y. Davis Law Office of Kahlilia Y. Davis Jeffrey Z. Dworin Law Office of Jeffrey Z. Dworin Media Relations David M. Eisenberg Erman Teicher During his recent address Andrew W. Erlewein Foster Swift Collins & Smith at the State of the Court Lun- Michelle T. Fisher General Motors cheon, Chief Judge Rosen Robert J. Franzinger Dykema mentioned that Rod Hansen James M. Gallagher Law Offices of James Gallagher has been hired as the Court’s Media Information Officer. Richard J. Gianino Plunkett Cooney Following the arrest of Umar Farouk Abdulmutallab, the Leo J. Gibson Barris Sott alleged Christmas Day Bomber, my office was inundated Alan G. Gilchrist Foster Swift Collins & Smith with calls from media representatives. For more than a William A. Godfrey Ambrose Law Group week, my staff was fielding non-stop calls not only from Charles G. Goedert Dickinson Wright local and national media outlets, but also from just about Rick A. Haberman Dickinson Wright any country with a TV station, a newspaper or a website. Carol Hainline Private Practice In response to this high profile matter, our Administra- Ziyad I. Hermiz Butzel Long Matthew T. Jane Bodman tive Office contacted the Court to determine what additional F. Arthur Jones, II Dykema resources we might require in dealing with this case. One Jonathan Jorissen Butzel Long of the first requests made by Chief Judge Rosen was for Wendy Davis Kanar Cline Close Dyer funding to hire an expert in media relations. This request Henry D. Kopicko Henry D. Kopicko was readily approved and Chief Judge Rosen contacted David J. Kramer Brooks Kushman Rod Hansen. John S. LeRoy Brooks Kushman Rod is an ideal fit for the position in that he covered this Andrew M. LaBreche Bodman Court for WJR radio for many years. He has been a radio Kenneth F. Laritz Private Practice broadcaster for 40 years, 38 of which were spent reporting Michael J. Lavoie Butzel Long the news at WJR in Detroit. He retired from WJR in June of Matthew F. Leitman Miller Canfield 2005. Rod began his career as a street reporter, and during Zachary B. Mack Warnicke Law Firm the next 37 years added investigative reporter, news anchor, Daniel J. Manville Daniel J. Manville assistant news director and news director to his resume. In Tere M. McKinney Private Practice WJR’s 90 year history, the station has won four Peabody Robert J. Morad Miller Canfield Awards; Rod was responsible for two of those. In addition Mary M. Mullin Butzel Long to numerous State and National Awards, Rod was awarded David D. Murphy Pepper Hamilton the first Michigan Associated Press Lifetime Achievement Heidi A. Naasko Dykema Jennifer L. Newby Dickinson Wright Award in 2004, and was inducted into the Michigan Jour- Jules B. Olsman Olsman Mueller nalism Hall of Fame the year before that. In 2009, he was Robert M. Raitt Gursten Koltonow presented with a Lifetime Achievement Award from the Tricia L. Roelofs Dykema Society of Professional Journalists. John R. Runyan Sachs Waldman During the last ten years of his career, he spent the David A. Santacroce University of Michigan Law School majority of his time covering our Court. Rod understands P. Rivka Schochet Miller Canfield how the Court operates and is a professional known to the Patricia L. Selby Patricia L. Selby judicial officers and many Court staff. More importantly, Patricia A. Streeter Law Office of Patricia A. Streeter having been a reporter, Rod has a thorough understanding Michael J. Sullivan Collins Einhorn of how the media operates and what their needs and wants Leigh C. Taggart Rader Fishman & Grauer are. Though Rod had to change his perspective from that of Adam G. Taub Adam G. Taub & Assoc. a reporter to representing the Court’s interests in the media, Michelle T. Thomas Bodman his background allowed him to hit the ground running. Brian S. Tobin Brooks Kushman 8 Rod has been a tremendous asset to the Court and my Judge Battani office specifically. He has provided us with great insight Eric Westenberg - University of Detroit Mercy School of Law regarding media relations and has offered recommendations Judge Lawson to provide better access to the media for the high profile Benjamin Berlin - Vanderbilt University Law School matters with which the Court is now dealing. Based on Judge Ludington Rod’s recommendation and with the approval of Chief Alissa Hurley - University of Richmond School of Law Judge Rosen, media representatives are now permitted to use their laptops in our media/public overflow viewing Judge Cox Robert Zora - Wayne State University Law School area to provide live updates to their Internet blogs. This is just one example of Rod’s assistance in expanding media Judge Murphy access to the Court. Michael Gerardi - Notre Dame Law School Currently, Rod is developing a standard media creden- Jennifer Burke - Columbia Law School tialing process for use in all high profile matters that will al- Judge Goldsmith low the Court to better manage the needs of the media, and Benjamin Anchill - University of Cincinnati College of Law to ensure fair and secure access to Court proceedings. Kerry Kornblatt - University of Virginia School of Law Reminder: Emergency Filings Judge Keith Jonathan J.C. Grey - Georgetown University Law Center Please remember that the Court has a procedure for Ajmel A. Quereshi - University of Minnesota Law School non-business hours emergency filings. Information regard- Jessica M. Eaglin - Duke University School of Law ing this procedure can be found on the Court’s website at Judge Kennedy http://www.mied.uscourts.gov/Visiting/hours.cfm. Sarah Tremont - University of Michigan Law School As always, if you have questions or comments, please Stuart Allen - University of Michigan Law School email me at [email protected]. Judge Clay Shanda K. Sibley - New York University School of Law Michael A. Zuckerman - Cornell University Law School The Chapter welcomes the Ilana Haramati - New York University School of Law following new Law Clerks for Chinyere Ezie - Columbia Law School the Eastern District and the Judge Kethledge Stephanie Douglas - University of Michigan Law School Sixth Circuit: Andrew Gould - Vanderbilt University Law School Elizabeth Martinez - University of Michigan Law School Chief Judge Rosen Brice Wilkinson - University of Texas School of Law Mir Y. Ali - University of Michigan law School Judge White Judge Feikens Nathan Freed Wessler - New York University School of Law Eric Lee - University of Michigan Law School Gregoire Sauter - Northeastern University School of Law Hayley Nyeholt - University of Michigan Law School Elizabeth Sheyn - University of Pennsylvania Law School Judge Cook Lia N. Ernst - University of Michigan Law School Judge Cohn Susan Asam - Michigan State University College of Law Officers and Directors 2010-2011 Judge Zatkoff These officers and directors were elected at the Annual Christopher Patterson - Michigan State University College of Law Meeting on June 24, 2010. Judge Duggan Officers James S. Watts - University of Detroit Mercy School of Law President: Laurie Michelson Judge Cleland Butzel Long Nicholas Terrell - Northwestern University School of Law Justin Presant - Stanford Law School President-Elect: Michael J. Riordan Assistant United States Attorney Judge Edmunds Jordan Paterra - Wayne State University Law School Vice-President: Thomas G. McNeill Dickinson Wright Judge Borman Tim Rimer - Wayne State University Law School Secretary/Treasurer: Michael K. Lee Law Offices of Lee & Correll Judge Tarnow Mitra Jafary-Hariri - Howard University School of Law Program Chair: Thomas M. Schehr Dykema Judge Roberts Andrea Johnson - West Virginia University College of Law Past President: Elisa Angeli Palizzi Leslie Scott - American University Washington College of Law Miller Canfield (continued on page 10) 9 Welcoming the new Law Clerks (from page 9)

Officers and Directors (from page 9) Ex Officio Members David J. Weaver Executive Board Court Administrator Clerk of the Court Term Ending June 2013 United States District Court Hon. Victoria A. Roberts Katherine B. Gullo United States District Judge Clerk of the Court Hon. Mona K. Majzoub United States Bankruptcy Court United States Magistrate Judge George J. Bedrosian Leslie K. Berg District Court Ombudsman Office of U.S. Trustee Richard M. Helfrick Federal Defender Office Committee List Matthew J. Lund Annual Dinner Pepper Hamilton George B. Donnini Butzel Long John R. Nussbaumer Caridad Pastor Cardinale Pastor and Associates Thomas M. Cooley Law School David R. Grand Miller Canfield Theresa M. Serra Appellate Practice Career Clerk to Hon. Nancy Edmunds K. Scott Hamilton Dickinson Wright Susan H. Zitterman Kitch Drutchas Wagner Term Ending June 2012 Valitutti & Sherbrook Bankruptcy Practice Hon. David M. Lawson Leslie K. Berg Office of the United States Trustee U. S. District Judge Michael C. Hammer Dickinson Wright David A. Lerner Plunkett & Cooney Brian M. Akkashian Dickinson Wright Complex Commercial Litigation Kimberly G. Altman Brian M. Akkashian Dickinson Wright Career Law Clerk to Hon. Avern Cohn A. Michael Palizzi Miller Canfield Jeffrey A. Sadowski Howard and Howard Attorneys Kevin A.S. Fanning Clark Hill Courthouse Tours Barb Radke 1011 U.S. Courthouse Jeffrey A. Sadowski Susan E. Gillooly Assistant United States Attorney Howard & Howard Attorneys Criminal Practice Elizabeth A. Stafford Rick Helfrick Federal Defender’s Office Assistant United States Attorney Dan Hurley Assistant United States Attorney Matthew F. Leitman Miller Canfield Kelly A. Walters General Counsel, First State Bank Diversity Amanda J. Shelton Pepper Hamilton Term Ending June 2011 Elizabeth A. Stafford Assistant United States Attorney Andrew S. Doctoroff Judge George C. Steeh Judicial Liaison

Honigman Miller Civil Mentoring Program Christina L. Farinola Daniel D. Quick Dickinson Wright Career Law Clerk to Hon. Paul J. Komives Criminal Defense Mentoring Program Vanessa Miree Mays James C. Thomas James C. Thomas Assistant United States Attorney James L. Feinberg James L. Feinberg & Associates Michael S. Leib Environmental Law Maddin Hauser Wartell Roth & Heller Christine Dowhan-Bailey U.S. Army Corps of Engineers Todd C. Schebor Dykema David A. Lerner Plunkett & Cooney Federal Law Clerks Past & Present Dennis J. Levasseur Theresa M. Serra Career Law Clerk to Bodman Hon. Nancy G. Edmunds Sara D. Woodward Bodman Dona A. Tracey Department of Veterans Affairs Health Care Law John P. Hessburg Kitch Drutchas Wagner Valitutti & Sherbrook 10 Monica P. Navarro Thomas M. Cooley Law School Leslie Matuja Wizner Assistant United States Attorney Calendar of Events Mark R. Lezotte Hall, Render, Killian, Heath & Lyman

Oct 20 Immigration Law State of the Bankruptcy Court Luncheon Clara DeMatteis Mager Butzel Long Meghan Kennedy Riordan Kerr Russell & Weber Speaker: Chief Judge Phillip J. Shefferly United States Bankruptcy Court, Intellectual Property Eastern District of Michigan William G. Abbatt Brooks & Kushman Atheneum Hotel, Greektown John S. Artz Artz & Artz 11:30 A.M. Reception Leigh Cameron Taggart Rader Fishman & Grauer 12:00 P.M. Luncheon

Labor Law Oct 22 Judicial Institute & Joseph A. Golden Pitt McGehee Palmer Rivers & Golden Secondary Education Workshop Vanessa Miree Mays Assistant United States Attorney Gregory V. Murray Vercruysse, Murray & Calzone In conjunction with the District Court, the Chapter is hosting a seminar Law Day designed for high school curriculum Susan E. Gillooly Assistant United States Attorney coordinators, social studies and Dona A. Tracey Department of Veterans Affairs government teachers on the role of an independent judiciary. A case study of Law Student Initiative the Vincent Chin case will be part of Sherry Dionne O’Neal Dickinson Wright the program. Saura Sahu Miller Canfield Theodore Levin U.S. Courthouse Joan P. Vestrand Thomas M. Cooley Law School Details: Contact Michael J. Riordan ([email protected]) Membership Kevin A.S. Fanning Clark Hill Nov. 18 Rakow Scholarship Awards/ Douglas C. Salzenstein Honigman Miller Daniel N. Sharkey Brooks Wilkins Sharkey & Turco Historical Society Luncheon Speaker: Ross G. Parker New Lawyers Seminar Author: Carving Out the Rule of Law: Christine Dowhan-Bailey U.S. Army Corps of Engineers The History of the United States Brian D. Figot Stephen M. Landau Attorney’s Office in Eastern Michigan Grant P. Gilezan Dykema 1815-2008 Geneva S. Halliday c/o Federal Bar Association Westin Book Cadillac Detroit Theresa M. Serra Career Law Clerk to Venetian Ballroom Hon. Nancy G. Edmunds Cathrine Wenger Trinity Health Services 11:30 A.M. Reception 12:00 P.M. Luncheon Newer Lawyer Mentoring & Trial Practice Dec 7-8 New Lawyers Seminar Frank Ortiz Dickinson Wright Theodore Levin U.S. Courthouse, Kelly A. Walters First State Bank Room 115 Judge Robert H. Cleland Judicial Liaison 8:00 A.M. Registration Newsletter Kimberly G. Altman Career Law Clerk to Dec 8 Chapter Gala Holiday Reception Hon. Avern Cohn Westin Book Cadillac Detroit Christina L. Farinola Career Law Clerk to 4:30 P.M. Hon. Paul J. Komives Hold the Date: Pro Bono Further Details to Follow Patrice S. Arend Jaffe Raitt Heuer & Weiss Rick A. Haberman Dickinson Wright DATE TBA Book Club: Selected for Discussion John R. Nussbaumer Thomas M. Cooley Law School The Secrets of Abu Ghraib Revealed Rules And Civil Practice by Christopher Graveline and Michael Joseph Blalock Dykema Michael Clemens Daniel J. LaCombe Barris Sott Joseph G. Vernon Miller Canfield Online registration available for most events. Social Justice Updates and further developments Cynthia J. Haffey Butzel Long at www.fbamich.org Marcy L. Rosen Miller Canfield See “Hot News” and “Events & Activities”

(continued on page 12) 11 Committee List (from page 11) Your life is always in

Miriam L. Siefer Chief Federal Defender Social Security MOTION Jeffrey S. Appel Law Office of Jeffrey S. Appel Summer Programs Chanille Carswell Brooks & Kushman Phyllis Golden Morey Brooks & Kushman Samantha S. Smith The Smith Law Offices Website Communications Brian D. Figot Executive Director E-newsletter Editors Linda Hylenski Career Law Clerk to Hon. Gerald E. Rosen Mary M. Mullin Butzel Long Website Facilities Study Committee Adam Forman Miller Canfield Jason P. Klingensmith Dickinson Wright Make Mary M. Mullin Butzel Long MOTION Special Programs: Book Club Your Legal Andrew S. Doctoroff Honigman Lifestyle Magazine. Matthew Schneider Assistant United States Attorney Subscribe Today Judge George C. Steeh Judicial Liaison and Don’t Miss Special Programs: An Issue! Bench/bar Conference Frank Ortiz Dickinson Wright Call 248-577-6100

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