www.fbamich.org FBAnewsletterWinter 2018 Federal Bar Association - Eastern District of Chapter - 60 years of service to our Federal Bench and Bar

Chris Ilitch to Keynote McCree Award Luncheon President’s Column The Chapter’s annual Wade Hampton McCree, Jeffrey Appel Jr. Luncheon will be held on Tuesday, February 27, at the Westin Book Cadillac. The reception will begin at 11:30 a.m. and the luncheon at noon. 2018 promises to be The Wade Hampton McCree, Jr. Award for the an exciting and busy year for the Chapter. The hard Advancement of Social Justice will be presented at work of our Officers and the luncheon. The Award honors individuals or orga- Committees will again pay nizations that have made significant contributions to off for our members. Chief the advancement of social justice, including in areas Judge and the federal judiciary involving poverty, promoting economic or educational continue to offer extraordinary support through their opportunity, or fighting discrimination involving race, collaboration with the Chapter. Our Officers continue gender, ethnicity, national origin, religion, or econom- to focus on innovative programming and initiatives that ic status. More information about Judge McCree’s reflect the increasingly valuable benefits of Chapter career and contributions to the legal profession can membership. be found at: https://fbamich.org/about-fba/awards/ On March 23, our Chapter is co-sponsoring a Chris Ilitch, President and CEO of , seminar with Professor Alexander Reinart of Cardozo Inc. will be the keynote speaker. Ilitch Holdings is a Law School and Judge Judith E. Levy speaking on the “Art of Pleading.” Professor Reinart represented the professional services company that supports certain plaintiff in Ashcroft v. Iqbal from the trial level through businesses that were founded or purchased by his par- the U.S. Supreme Court, and this seminar promises to ents, Mike and Marian Ilitch, including Little Ceasars be an outstanding one. Pizza, the Red Wings, , Some initiatives that we are involved with include and the , among others. These businesses providing assistance to the Federal Court Pro Se employ 23,000 people and in 2016 had a combined Clinic, which recently began operation and is run by revenue of $3.4 billion. the University of Detroit Mercy School of Law. Our Master Lawyers Section is designing programs for law (continued on page 2) students and newer attorneys to provide insight into practical aspects of legal practice and the variety of INSIDE THIS ISSUE practice areas available. Our Diversity Committee, among other projects, Dave Weaver pg. 2 is assisting the Retooling Detroit Literacy Project, How Are Federal Judges Appointed? pg. 3-4 where attorneys tutor at-risk first graders in the Detroit Special Public Schools. For those unable to participate in our Annual Holiday Party pg. 4 programming in person, our Chapter’s website is filled Complex Commercial Litigation pg. 5 with more valuable resources and information for our Book Club pg. 5-6 members than ever. While we continue to sponsor traditional seminars Rakow/Rom Awards Luncheon Historical Society Annual Meeting pg. 6-7 in the various practice areas, we are exploring new Luncheon Sponsors pg. 7 technology to bring even more WINNER 42nd Annual New Lawyers Seminar pg. 9-10 information that is valuable to 15 YEARS our members via our website National FBA Law Clerk Happy Hour pg 10 Outstanding and other modalities. We Newsletter Calendar of Events pg. 11 (continued on page 2) Award

1 President’s Column (continued) For those affiliated with organizations that are spon- sors of the 2017-18 Luncheon Series, tickets likely are have several “Fed Talks” (our version of the available through your organization. For others, the popular TED talks) covering various topics luncheon is $45 for members, $60 for non-members, on the practice of law available to view, and and $35 for law clerks. Tickets are available on-line at several more currently in production. We are www.fbamich.org. also exploring innovative networking initiatives that will allow participating members to list themselves and their specialty areas on our website so other members can contact them for practical advice. Dave Weaver, This year, to allow us to provide even more valuable programs and resources for our Clerk of Court/ members, we implemented an increase in Court Administrator chapter dues. This change ensures the fiscal integrity of our Chapter. We are absolutely committed to further enhancing the value of In June 2017, the Court approved Chapter membership. a one year pilot program to establish Due to stellar work by our Officers, Executive Director, and Committee chairs and members, a Pro Se Legal Assistance Clinic, in we are having another successful and productive partnership with the University of year. Please consult our calendar on the website Detroit Mercy School of Law. Since for a complete list of upcoming programs. then, detailed planning and preparation has taken place and the Clinic’s official opening occurred on Wednesday, January 17, 2018. The Pro Se Legal Assistance Clinic will provide legal advice to low-income citizens who are representing McCree (from page 1) themselves. Detroit Mercy Law’s Anne Yantus, Director of the law school’s clinical program, is quoted as saying, “There is a need for this type of work, and a pro se clinic will bring Ilitch has held numerous roles throughout the value to litigants, the Court, and our students.” Ilitch companies during his more than 30 year The project was the idea of Judge Victoria A. Roberts, career, including governor and president and which was embraced by Chief Judge Denise Page Hood, CEO of the , as well as the who, in a recent press release stated that since becoming president and CEO of the Detroit Tigers. Ilitch Chief Judge, she has been looking for ways to increase access also serves as chairman of Ilitch Charities, a to the federal court for low income residents. In addition to nonprofit organization that promotes charitable the Pro Se Legal Assistance Clinic, the Clerk’s Office has purposes aimed at developing communities and created a new position, Pro Se Case Administrator. Jeremy enhancing lives. Tyrrell holds that position, reports to Court Operations Currently, Ilitch is leading an ambitious de- Manager Kevin Williams, and will work with pro se filers velopment effort: The District Detroit, a sports through the Clerk’s Office and in cooperation with the Pro and entertainment district comprised of eight Se Legal Assistance Clinic. world-class theatres, five neighborhoods, four The Clinic will operate from Office 463 in the Levin professional sports teams and three multi-use Courthouse under the direction of attorney Kevin Carlson, sports facilities, including the new an adjunct law professor at the University of Detroit Mercy. Arena. He will supervise eight students to assist pro se litigants. The Ilitch earned a bachelor’s degree in business clinic will operate on Mondays, Wednesdays, and Fridays administration from the . from 1:00 p.m. to 5:00 p.m. More information about Ilitch can be found Remember, if you have any comments, questions at: http://www.ilitchholdings.com/leadership- team/christopherilitch.aspx or suggestions, do not hesitate to contact me at: david_ Needless to say, the Chapter is honored to [email protected]. have Ilitch as the keynote speaker of this year’s McCree Luncheon.

2 the nominee’s background and qualifications. The How Are Federal nominee completes a comprehensive detailed committee Judges Appointed? questionnaire. Documents from other agencies may be reviewed. During this phase, the Judiciary Committee, By Susan E. Fairchild* through its “blue slip” procedure, obtains input from the home state Senators regarding their approval of the As of January 19, 2018, there are 120 vacancies in nominee. The “blue slip” is a one page form, on blue the U.S. District Courts. The total number of authorized Senate letterhead, written by a state Senator from where judgeships is 677. Almost 18% of the seats are vacant. the judicial nominee resides, expressing the senator’s There are 36 nominees pending. support or disapproval of the nominee. The process So how are federal judges appointed? Although some originated 100 years ago, and has remained a tradition of variables exist and it can vary, the process is based on senatorial courtesy. The form is sent to the state senators the United States Constitution and follows additional by the Senate Judiciary Committee. The state senators steps established by tradition. have the option of returning the blue slip in support or opposition to the nominee, delaying returning it, or 1. If one or more of a state’s Senators are of the forever choosing to not return the form. Failure to return same political party as the President, then home state a blue slip has, over the last 20 years, blocked a hearing Senators forward names of potential nominees to the on the nominee, essentially killing the nomination. This President for consideration. The Constitution specifies pre-hearing phase can extend over a period of months. no special qualifications for nominees, however, federal law requires that nominees be residents of the particular 4. If a nominee makes it through the Senate district or circuit at the time of their appointment and that Judiciary Committee evaluation, a confirmation hearing they continue residency during their judicial service. If is scheduled. The hearing is placed on the Executive a state’s Senators are from an opposing party, according Calendar. During this hearing, nominees are subjected to custom, names of potential nominees come from to a question and answer session with members of the various sources, and the President will consult the state’s Senate Judiciary Committee. Questions posed may Senators to determine the acceptability of the candidate include inquiries about credentials, previous experience, under consideration prior to the President nominating and the role of judges. Each nominee is allowed to make a person. an introductory statement. Public witness statements, both live and written, may be received. The Committee 2. Before being nominated, each candidate is can report favorably on the nominee, report unfavorably evaluated by the White House Counsel’s Office and on the nominee, or can pass the nominee without the Department of Justice. A confidential background recommendation. Only rarely will the Committee vote investigation is conducted by the FBI and an independent to reject a nominee or report on the nominee other than evaluation is conducted of candidate finalists by a favorably. In such case, the nomination can continue committee of the American Bar Association. The despite the lack of support by the Committee. ABA Committee consists of 15 lawyers with various professional experiences. Following investigation and 5. Most federal circuit court or district court interviews by the ABA Committee, an initial report nominations have reached confirmation by a unanimous is prepared with a rating of the candidate of “well consent agreement. According to procedure, and in qualified,” “qualified,” or “not qualified.” After review most cases, the Senate, by unanimous consent, takes by the entire Committee, the chair confidentially reports up nominations for Senate floor consideration, and also the ABA rating of the candidate to the White House. The arranges for nominations to either receive up or down rating becomes part of the candidate’s overall profile confirmation votes or be confirmed simply by unanimous which will be considered (strictly on an advisory basis) consent. If a roll call vote is requested, a simple majority by the President during the nomination process. When of Senators voting, with a minimal quorum of 51 present, the process is complete, if the President approves the is required to approve a nomination. In cases involving candidate, the President signs a nomination message, strong opposition to a nomination, or in a case in which which is then sent to the Senate for consideration. unanimous consent to reach confirmation cannot be attained, the Senate may use the cloture process and 3. The Senate Judiciary Committee receives the vote on cloture motions to bring floor debate to a close nomination and its staff conducts an investigation into (continued on page 4)

3 Federal Judges (from page 3) *Susan Fairchild is an Assistant United States on a nominee. Currently, a simple majority of Senators Attorney in Detroit and the Immediate Past President voting is needed to close debate on nominations, except of the Chapter. nominations to the Supreme Court.

6. Sometimes, judicial nominees are not confirmed. This usually happens when nominations in committee Annual Holiday Party or on the Senate’s Executive Calendar are returned to the President at the end of a session or upon a recess The Chapter threw its annual Holiday Party on or more than 30 days. It is a rare occurrence that the December 6 at the Senate votes to reject Motor City Kitchen a nomination. Of at the DoubleTree interesting note is Suites by Hilton that the judicial Hotel-Fort Shelby. confirmation process Guests enjoyed hors in the Senate is d’oeurves, spirits, currently longer than and camaraderie in the past. During the while being treated Clinton, Bush, and to the music of Obama presidencies, Executive Magistrate the Senate has Judge R. Steven taken longer to Whalen’s jazz and confirm district blues band, The Cat’s court and circuit Pajamas. In addition court nominees to Magistrate Judge – with average Whalen, the band times from date of features Dan Bretz, first nomination to Ron Bretz, Barry confirmation now Goldman, and James being measured in Annual Holiday party attendees included: Elisa Angeli Palizzi, Chapter President Jeffrey Appel, Immediate Past President Susan Fairchild, Magistrate Hart. multi-month or half- Judge Mona K. Majzoub, Bankruptcy Judge Mark A. Randon, District Judge Guests also year periods. Victoria A. Roberts, Jeff Sadowski, retired District Judge Gerald E. Rosen, enjoyed a brief District Judges Terrence G. Berg and Mark A. Goldsmith, and presentation of the 7. After a Chapter Vice President Matt Lund. Court Historical nominee has been Photo by John Meiu, courtesy of Detroit Legal News Publishing LLC. Society’s “Avern confirmed by the Cohn Award Senate, the President For Excellence in the Collection, Preservation and signs the nominee’s commission – a formal document Interpretation of Michigan Legal History.” The award empowering the nominee to assume the judicial office. was presented to Kevin Ball for his book Adversity This usually occurs within several days after Senate and Justice: A History of the United States Bankruptcy confirmation. The commission is then sent to the Court for the Eastern District of Michigan (Wayne Department of Justice, which forwards it to the nominee, State University Press). Historical Society Board with other important forms, including the statutory oath President Matthew Lund presented the award to Ball of office. The nominee must sign the commission when who, in accepting the award, took special note of the the oath of office is executed. encouragement and guidance given by Bankruptcy Judge Walter Shapero and District Judge Avern Cohn. 8. The final step in the process is the investiture. Thanks go to event chairs Tom Cranmer, Elisa Angeli During this ceremonial event, held at the convenience Palizzi, and Jeff Sadowski for their effort in planning of the new judge, the new judge is sworn in, often in another successful event. And, of course, special the presence of family and friends. This is not a required thanks go to The Cat’s Pajamas for another wonderful event, and the judge may assume duties prior to this performance. event. 4 Michigan has historically had very few cases in which Complex Commercial Litigation the parties consent to trial before a magistrate judge. Judges Cleland and Lawson noted that this might be due On December 7, 2017, the Chapter’s Complex to the culture of the district, or the overall low number Commercial Litigation Committee hosted a “Discussion of civil jury trials in recent years. All of the panelists with the Bench” on creative alternatives to a full trial urged attorneys to more seriously consider consenting and best practices for complex litigation. to trial before a magistrate judge, particularly in light of The esteemed panelists included District Judge the caliber of magistrate judges in our district. Magistrate Robert H. Cleland, District Judge David M. Lawson, and Judge Patti made a pitch for consent references, noting Magistrate Judge Anthony P. Patti. Committee co-chairs that because magistrate judges do not conduct criminal A. Michael Palizzi, trials, a trial before a Jeffrey Sadowski, magistrate judge will and Mark Aiello often receive an early moderated the panel, trial date. which was held in the Detroit Room of the Levin Courthouse. Also in attendance Book Club were District Judges Meets Marianne O. Battani, Terrence Berg, Avern Federal judges Cohn, and Sean Cox, and attorneys along with about 50 gathered on members of the bar. December 12, The seminar 2017, in the Judges’ began with a debate Conference room on the merits of of the Courthouse summary jury trials, a to discuss Lead little known alternate Yourself First: dispute resolution On hand to discuss the book with Judge Kethledge (fifth from the left) were: Inspiring Leadership procedure authorized District Judge Mark A. Goldsmith, Book Club Co-Chair Erica Fitzgerald, Through Solitude,a by Rule 16 of the Immediate Past President Susan Fairchild, Book Club Co-Chairs Andrew book co-authored Federal Rules of Doctoroff and David Fink, District Judge Laurie J. Michelson, Chapter President Jeffrey Appel, and District Judges Avern Cohn and Terrence Berg. by Sixth Circuit Civil Procedure. A Judge Raymond M. summary jury trial Photo by John Meiu, courtesy of Detroit Legal News Publishing LLC. Kethledge and Major is, in essence, a mock Michael S. Erwin. jury trial based upon summarized evidence. Judge Judge Kethledge joined the book club meeting in Cleland, the only member of the panel with experience person to answer questions and offer insights about with the procedure, said he found it could be valuable the book. Divided into sections on clarity, creativity, under the right circumstances. Judge Lawson expressed emotional balance, and moral courage, the authors some reservations, and questioned whether the court profile historical and contemporary leaders from many should be empowered to call citizens to serve on an fields who have used quiet reflection to make decisions advisory jury, and whether mock trials should be publicly in their leadership roles. conducted and funded. Magistrate Judge Patti noted that This book, buoyed by the author’s participation, the procedure could be useful to facilitate settlement in garnered the highest book club attendance in years. Led cases where one or more parties had an unrealistic view by co-chair Andy Doctoroff, the discussion centered on of the strength of their case. The panelists were in general practical opportunities for leadership and reflection in the agreement that the jurors should be told of the advisory legal profession, especially in busy offices where we are nature of their role. surrounded by the internet, information, and meetings. The panel also addressed consent references to Judge Kethledge described his inspiration for the magistrate judges for all proceedings, including civil book, his extensive research over many years to write jury trials. The judges noted that the Eastern District of (continued on page 6) 5 • Patrick Bailey, Book Club (from page 7) Michigan State University College of Law the book, and his personal habits to facilitate solitude • Tanya Murray, and reflection. University of Detroit Mercy School of Law Stay tuned for the book club’s next selection and • Jessica Opila, meeting date this spring. Contact the book club co-chairs University of Michigan Law School with your recommendations or for more information. • Brennan Ackerman, Wayne State University Law School • Andrew Hendra, Western Michigan University Cooley Law School

Rakow/Rom Awards Luncheon Next, Michael Hammer introduced the Sixth Annual Historical Society Annual Barbara J. Rom Award for Bankruptcy Excellence. Meeting Bankruptcy Chief Judge Phillip J. Shefferly then introduced and presented On November 14, the award to David W. more than 200 members Ruskin, the “dean” of the and friends met at the consumer bankruptcy bar Westin Book Cadillac in the Eastern District of Hotel for the Edward H. Michigan. Judge Shefferly Rakow and Barbara J. described Ruskin’s career, Rom Awards Luncheon which includes more than and the Court Historical 40 years of practice. Society Annual Meeting. Ruskin was appointed the The Rakow Chapter 13 trustee in 1982 Scholarship Awards are and has served in that role presented each year to ever since, including as an outstanding student of the only Chapter 13 trustee securities, corporation, until 2000. During his or business law at each career, Ruskin has worked of the law schools in on more than 250,000 Michigan. Ed Rakow, a Chapter and Historical Society leadership paused for a photograph cases and been involved founding member of the at the Rakow luncheon, including: Foundation Trustee Ed Kronk, in disbursing more than David Ruskin, Chapter President Jeff Appel, Chapter Program Chapter, had headed the Chair Dan Sharkey, Chapter Secretary-Treasurer Fred Herrmann, $1 billion to creditors Securities and Exchange Alan Harnisch, and Chapter Vice President Matt Lund. in court-approved Commission field office bankruptcy plans. in Detroit for 26 years at Photo by John Meiu, courtesy of Detroit Legal News Publishing LLC. Judge Shefferly also the time of his death in described Ruskin’s contribution to the consumer 1965. bankruptcy arena, which included efforts to improve the The Barbara J. Rom Bankruptcy Award is presented system for debtors, creditors, and their attorneys with annually to a bankruptcy practitioner who demonstrates his “empathy, compassion, and judgment.” the same level of excellence and dedication in the Judge Shefferly next noted Ruskin’s impact on practice of bankruptcy law as the Award’s namesake. For the consumer bankruptcy profession. He described a full description of the Award and nomination forms, Ruskin’s service as a mentor and role model for the two please visit the Chapter website. other Chapter 13 trustees, his involvement in national After introductory remarks by Chapter President Chapter 13 trustee organizations, and his community Jeff Appel, this year’s Rakow Awards were presented involvement, such as the co-founder of the Consumer by Federal Bar Foundation of Detroit trustees Dennis J. Bankruptcy Association in the area. Ruskin also serves Clark and Edward M. Kronk to the following individuals: on committees within the Eastern District’s Bankruptcy

6 Court, promotes continuing legal education, and has Luncheon Sponsors developed procedures to give financial guidance to consumers going through Chapter 13 bankruptcy. These The Chapter gratefully acknowledges the following are only some of his many accomplishments to the sponsors of the 2017-2018 Luncheon Program: consumer bankruptcy community. After receiving the award, Ruskin began by thanking U.S. District Court for the his family and professional colleagues for their support Eastern District of Michigan over his career. He also commented on the consumer Barris, Sott, Denn & Driker, P.L.L.C. bankruptcy system, improvements to that system that Behm & Behm, P.C. have occurred in the Eastern District of Michigan, and Bodman P.L.C. the work that still needs to be done. Brooks & Kushman P.C. After lunch, the Chapter and Historical Society Brooks Wilkins Sharkey & Turco, P.L.L.C. took a quick pause to present a special award to Alan Bush Seyferth Paige P.L.L.C. G. Harnisch for his decades of service to both groups. Butzel Long Chapter President Jeff Appel and Historical Society Clark Hill P.L.C. President Matthew Lund presented Harnisch with the Collins Einhorn Farrell P.C. award. Harnisch was instrumental years ago in the Computing Source creation of the New Lawyer’s Seminar, which continues Conway MacKenzie, Inc. to be held each year. He also served as Chapter President, Crawford & Winiarski Financial Consulting a national FBA president, and a trustee and president of D4, L.L.C. the Court Historical Society. Darrow Mustafa P.C. Next, Lund introduced the keynote speaker, Danielle Dickinson Wright P.L.L.C. McGuire, an Associate Professor at Wayne State Dykema Gossett P.L.L.C. University. Fink + Associates Law Professor McGuire’s comments focused on her Foley & Lardner L.L.P. forthcoming book, Murder in the Motor City: The 1967 Garan Lucow Miller, P.C Detroit Riot and American Injustice, which addresses Honigman Miller Schwartz and Cohn L.L.P. the 1967 Algiers Motel murders in Detroit and the Howard & Howard Attorneys P.L.L.C. subsequent trials. Jaffe, Raitt, Heuer & Weiss, P.C. McGuire is the author of many books and articles Jones Day on the intersection of race, gender, and civil rights in Kerr, Russell and Weber, P.L.C. American history, including At the Dark End of the Kienbaum Opperwall Hardy & Pelton, P.L.C. Street: Black Women, Rape and Resistence—a New Kitch Drutchas Wagner Valitutti & Sherbrook, P.C. History of the Civil Rights Movement from Maddin, Hauser, Roth & Heller P.C. to the Rise of Black Power. Miller Canfield Paddock and Stone, P.L.C. McGuire earned her bachelor’s and master’s degrees The Miller Law Firm, P.C. in African American Studies from the University of The Murray Law Group, P.C. Wisconsin-Madison. Professor McGuire received her Nitzkin & Associates Ph.D. in History from Rutgers University. She has Pepper Hamilton L.L.P. received many awards for her teaching and scholarship. Pitt, McGehee, Palmer & Rivers, P.C. She also has served since 2009 as a Distinguished Plunkett Cooney P.C. Lecturer with the Organization of American Historians. Sommers Schwartz, P.C. Spectrum Computer Forensics and Risk Management L.L.C. Varnum L.L.P. Warner Norcross & Judd L.L.P.

7 42nd Annual Lynn Helland next said a few words to the attendees New Lawyers Seminar about practicing ethically. This was followed by Karen Hillebrand, an The 42nd Annual New Lawyers Seminar was held Information Management Specialist with the Court, this year on December 5 and 6 at the Theodore Levin who provided the ins and outs of the ECF system. Rich Courthouse. Again the Hewlett from Varnum then provided an “Anatomy of seminar received rave a Civil Case,” giving the reviews from participants new lawyers an overview who found the practical of a federal case from start practice information to finish, and explaining imparted invaluable to differences between state them as new lawyers. and federal court practice. This seminar is A panel comprised of sponsored by the Chapter career law clerks Kimberly in conjunction with the Altman (Judge Cohn), Young Lawyers Section of Jim Carroll (Chief Judge the State Bar of Michigan, Hood), Marie Coombs and its purpose is to (Judge O’Meara), and bridge the gap between Jesse Taylor (Judge Levy) the theoretical study discussed federal court of law and the actual “Do’s and Don’ts” and practice of law. Speakers answered questions from provide insight and tips New Lawyers Seminar attendees being sworn in participants. Magistrate surrounded by their families. in a variety of common Judge Anthony P. Patti and Hooper Hathaway attorney practice areas relevant Photo courtesy of the New Lawyers Seminar Committee. to those in large firms as Angela L. Jackson then well as those practicing provided similar advice on their own. As in during their presentation on past years, presenters discovery practice, offering were among some of their different perspectives the best legal talent in of how lawyers should Metropolitan Detroit. conduct discovery in This included judges from federal court. our local state and federal Heidi Naasko from courts and litigators Dykema next presented and non-litigators from on Pro Bono Practice. She a variety of settings shared several stories of including government, her experience performing big firm, small firm, sole pro bono work, conveying practitioners, and in- the extensive need for house. volunteers throughout The first day of the Among those attending the New Lawyers Seminar were: the Detroit area and the (front row) Fran Yturri, Wayne County Circuit Judge Patricia seminar focused on tremendous benefit of Fresard, Christine Dowhan-Bailey, District Judge Victoria A. practice in the federal providing pro bono legal Roberts, and (back row) Albert Dib, Cathrine Wenger, assistance. For those courts and was moderated Chapter President Jeff Appel, and Tyler Knurek. by Sarah Resnick Cohen, interested in civil work, Assistant United States Photo by John Meiu, courtesy of Detroit Legal News Publishing LLC. Judge Victoria A. Roberts Attorney. The day began with a welcome to federal provided a thorough practice by Chief Judge Hood who gave a warm greeting overview of Federal Subject Matter Jurisdiction and to the attendees. Former AUSA and now Executive Removal to Federal Court. Director of the Michigan Judicial Tenure Commission For those interested in criminal practice, Judge Laurie J. Michelson and David DuMouchel from Butzel

8 provided interesting and helpful suggestions on Criminal strategies for resolving contested issues efficiently. First Practice in Federal Court. Finally, Stan Bershad, of time speaker Alredo Casab from Dawda Mann spoke Goldstein, Bershad, & Fried presented on Bankruptcy on Basic Real Property Transactions, and also provided Practice, offering many amusing anecdotes from his a checklist to make documents clear and (hopefully) practice. uncontestable. Sole practitioner Lawrence Pepper At the conclusion of the first day’s presentations, reviewed basic probate transactions, drafting effective participants formally were probate documents, and practice admitted to the federal court in strategies. a mass swearing-in event over Cathrine Wenger, in-house which Judge Arthur J. Tarnow counsel with Art Van Furniture, presided. Family members of provided an overview of many participants were on hand to Employment Law and discussed witness this memorable moment. the importance of pre-dispute The second day of the seminar policies, and procedures and focused on the practice of law in practices to avoid litigation and the state courts and was moderated better protect the employer in by Tyler Knurek of Secrest Wardle, the event of litigation. She also a newly admitted attorney. The provided suggestions for both day began with an introduction plaintiffs and defendants at various by Syeda Davidson of Burgess, stages of proceedings in the event Sharp, & Golden, the Chairperson David DuMouchel, District Judge Laurie J. of litigation, including the use of the Young Lawyers Division of Michelson, and Chapter President Jeff Appel of administrative proceedings the State Bar. Davidson discussed at the New Lawyers Seminar. to conduct no-cost discovery. the importance of participating Photo courtesy of the New Lawyers Seminar Committee. Andrea Hamm from Miller Cohen in bar and community events discussed ways to protect the and maintaining work life balance. She also discussed rights of an employee injured on the job and strategies the various programs that provide opportunities for effectively prosecuting or defending Workers’ for inexperienced lawyers to be mentored by more Compensation claims. experienced counsel. Peter Kupelian from Alan Gershel, Clark Hill next discussed Grievance Administrator, Alternate Dispute discussed the most common Resolution, including types of grievances filed the differences between against newer attorneys, mediation and arbitration, often for inadvertent recommendations for the things, and how to avoid most effective use of each, issues. Gershel also spoke and various ways that about the importance of ADR can be effective in responding to a notice a variety of practice areas. of grievance in a timely Other speakers fashion, since the failure included Albert Dib on to respond can result in Evaluating and Litigating discipline even when Personal Injury Claims. there is no merit to the Participants chuckled underlying claim. A panel of federal law clerks at the New Lawyers Seminar included: when he shared the The second Marie Coombs, Kimberly Altman, moderator and AUSA Sarah number of “no cause” Cohen, Jesse Taylor, and Jim Carroll. day continued with verdicts he received as presentations by Photo courtesy of the New Lawyers Seminar Committee. an inexperienced lawyer experienced practitioners in a variety of subject areas. and how, through tenacity and a focus on continuous Kay Malanay from Hainer & Berman, P.C. spoke on learning, he ultimately became a successful trial attorney. Domestic Relations and discussed how to negotiate Albert also discussed how to screen clients and some of and structure a settlement to avoid future litigation, and the business aspects of a sole or small practice. (continued on page 10) 9 New Lawyers (from page 10) thank the speakers for their on-going support of this program. All are busy practitioners who volunteer their Brian Legghio, a former criminal AUSA and current time to speak at the seminar and prepare material, and defense attorney, discussed practicing criminal law in many speakers have presented for 20 or more years. state courts. Legghio provided practical suggestions for how an attorney can most effectively provide a defendant with the level of defense required by the Constitution. Law Clerk Happy Hour He also provided techniques for jury selection, cross- examination, and advising a defendant on whether to On October 19, 2017, the Chapter’s Law Clerk testify. Committee hosted a happy hour for current federal law Mid-way through the state day, attendees were clerks working in the Eastern District. The event was treated to lunch at the Doubletree Hotel. Wayne County held at the Avalon Café in Detroit. Circuit Judge Patricia Fresard was the guest speaker. Over pizza and libations, law clerks from various Judge Fresard presented an overview of practice in the chambers had the opportunity to mingle and meet their 3rd Judicial Circuit. She provided some background on colleagues. The event was attended by clerks from the structural changes that the Wayne County Circuit the chambers of Sixth Circuit Judges Damon Keith has employed over the last 20 plus years to improve its and Eric Clay, and District Judges Robert H. Cleland, operations and efficiency. Additionally, Judge Fresard Avern Cohn, Sean F. Cox, Gershwin A. Drain, Nancy explained the various divisions within the 3rd Judicial G. Edmunds, Mark A. Goldsmith, Denise Page Hood, Circuit clarifying where particular cases will be managed Laurie J. Michelson, Victoria A. Roberts, and George and how they are assigned. Caram Steeh. Chapter President Jeffrey Appel also made an The Law Clerk Committee sponsors numerous appearance and welcomed the new lawyers to practice events to help current and former law clerks maintain in the state and federal courts. connections made during their clerkships, including with Co-chairs for the seminar Christine Dowhan-Bailey, their respective judges. The Committee hopes to host Cathrine Wenger, Grant Gilezan, and Lauren Mandel another happy hour next fall.

10

Calendar of Events

Feb. 7 Augmented and Virtual Reality Seminar Presented by the Intellectual Property Committee Theodore Levin Courthouse, Detroit Room, Room 115 Noon – 1:00 PM Members: $20 | Nonmembers: $30 Includes lunch! Feb. 27 Wade H. McCree Jr. Award Luncheon The Westin Book Cadillac Detroit, 1114 Washington Boulevard, Detroit, MI, 48226 11:30 AM Reception 12:00 PM Luncheon Members: $45 | Non-Members: $60 | Clerks: $35 Keynote Speaker: , President and CEO, Ilitch Holdings, Inc. Nominations due: February 2 March 1 As a thank you to our Sustaining and Executive Affiliate Members, we are hosting a Sustaining and Executive Affiliate Members Reception at the Miller Canfield Law Firm, 150 W Jefferson, Detroit, MI 48226 4:30 – 6:30 PM If you would like to come and are not yet a Sustaining Member but would like to upgrade your membership, it’s not too late! Email Executive Director Mindy Herrmann at [email protected] March 21 Criminal Practice Seminar Theodore Levin Courthouse, Detroit Room, Room 115 11:00 AM – 1:00 PM Members: $14 | Nonmembers: $29 Includes lunch! March 23 The Art of Pleading: Civil Rights & Employment Law After Iqbal Theodore Levin Courthouse, Detroit Room, Room 115 3:00 – 5:00 PM Panelists: District Judge Judith E. Levy and Professor Alexander A. Reinert. Moderator: Robin Wagner. Sponsored by the Chapter, the Civil Rights Law Section of the national FBA, and the Labor and Employment Law Section of the State Bar of Michigan Free admission, but please RSVP to [email protected]. Donations accepted April 24 Leonard R. Gilman Award Luncheon Atheneum Suites Hotel International Banquet & Conference Center, 400 Monroe St, Detroit, MI 48226 11:30 AM Reception 12:00 PM Luncheon Members: $45 | Non-Members: $60 | Clerks: $35 Nominations due March 30 May 1 Law Day at the Courthouse: A Downtown Tradition Welcoming your staff, clients, and downtown neighbors to visit the Courthouse and the Judges, 11:00 AM until 1:00 PM Live demonstrations, such as bomb-sniffing dogs, and tours of the Courthouse; Ask the Lawyer; hot dogs and chips. Don’t miss it this year. June 21 39th Annual Dinner featuring: • Election and installation of Officers and Board Members • The Ninth Annual Julian Abele Cook, Jr. - Bernard A. Friedman Civility Award to be presented in recognition of a civil practitioner who is an outstanding example of professional excellence and civility. Nominations for Civility Award open. 5:30 PM Cocktails 6:30 PM Dinner Atheneum Suites Hotel International Banquet & Conference Center, 400 Monroe St, Detroit, MI 48226 Members: $100 | Non-Members: $120 | Clerks/Junior Members: $80 Table Sponsorships available: $1,200 Nominations for Cook-Friedman Award due: May 25 June 25 Chapter Golf & Tennis Outing and Dinner Venue to be determined. To register a foursome, email [email protected]. Updates and further developments at www.fbamich.org

11 Federal Bar Association RETURN SERVICE REQUESTED PRESORTED E. D. Michigan Chapter STANDARD U.S. Postage P.O. Box 5249 PAID Northville, MI 48167-1544 Wyandotte, MI PERMIT #153 Executive Director Melinda Herrmann Phone: (313) 408-2857 [email protected]

WINNER 15 YEARS National FBA Outstanding Newsletter Award

Newsletter Committee: Christina L. Farinola, Co-Editor in Chief Career Law Clerk to Hon. Anthony P. Patti (313) 234-5200 Andrew J. Lievense, Co-Editor in Chief Assistant United States Attorney (313) 226-9665 Judge Michael J. Riordan Michigan Court of Appeals (313) 972-5662 John P. Mayer (734) 558-5593 Lauren N. Mandel Career Law Clerk to Hon. Linda V. Parker (313) 234-5148 Jennifer L. Newby Assistant United States Attorney (313) 226-0295 Ashlie D. Depinet Staff Attorney, U.S. District Court (313) 234-5081 Derek R. Mullins Honigman (313) 465-7312