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FBAnewsletterWinter 2013 Federal Bar Association - Eastern District of Michigan Chapter - 55 years of service to our Federal Bench and Bar U.S. Rep. Keith Ellison to Keynote President’s Column McCree Award Thomas G. McNeill Luncheon Making a Difference

The Chapter will hold its annual “It’s easy to make a buck. It’s a lot tougher to make Wade Hampton McCree, Jr. Luncheon a difference.” --Tom Brokaw on Friday, March 1 at the Westin Book Cadillac. The reception will begin at Our FBA Chapter is perhaps best known for the 11:30 a.m. and the luncheon at noon. highest quality educational programming and our social The Wade Hampton McCree, Jr. and networking events for bench and bar. But in this season of giving, I’d like Award for the Advancement of Social to highlight the Chapter’s service mission, with this appeal: please consider making a difference through the Chapter or through any of the activities in which Justice will be presented. The Award you already are involved. honors individuals or organizations that have made significant contributions to The New Pro Bono Council the advancement of social justice, Pro bono representations in federal court can be tremendously rewarding, both professionally and personally. Our Chapter members have a long and including in areas involving poverty, successful history of representing indigent clients in matters before the Court. promoting economic or educational I am experiencing the benefits of pro bono service in my present representation opportunity, or fighting discrimination of an inmate in a Section 1983 action for “deliberate medical indifference.” involving race, gender, ethnicity, Regardless of the final outcome of this hard-fought matter, my client has national origin, religion, or economic opened my eyes to critical matters far beyond the objects of my commercial litigation practice. status. Nominations for the Award are To further advance and facilitate pro bono representations in federal court, due by January 21, 2012, and can be the Court’s Pro Bono Committee and our Chapter are pleased to announce directed to the attention of Cynthia J. the establishment of the Eastern District of Michigan Pro Bono Council. (The Haffey ([email protected]) or Miriam Court’s Pro Bono Committee is led by Judge Denise Page Hood, and includes L. Siefer ([email protected]). as its members Judges Arthur J. Tarnow, Paul D. Borman, Victoria A. Roberts and Magistrate Judge Mona K. Majzoub.) (continued on page 3) The Court has experienced a significant increase in pro se cases in a wide range of areas – mortgage foreclosure, prisoner civil rights, federal benefits Inside this issue and employment are among the most prevalent. Throughout the year, the judges seek the appointment of volunteer pro bono attorneys to those cases Veterans Treatment Court pg. 3 that demonstrate potential merit (particularly where a pro se plaintiff’s case survives a motion to dismiss). Dave Weaver pg. 3-4 The Pro Bono Council, presently comprised of representatives from twenty- Judge Newblatt Portrait pg. 4 two law firms (listed on page 3), will greatly expand the list of volunteers available to handle pro bono cases designated by the Court. The Council, the Court’s Pro New Lawyers Seminar pg. 4-5 Bono Committee, and the Chapter’s Pro Bono Committee will provide additional Judge Drain Investiture pg. 5-6,8 training in the issues that are litigated most frequently. We also anticipate that online resources (sample pleadings and briefs, notable unpublished decisions, Rakow and Rom pg. 8-9 references to publications) will be made available for pro bono attorneys. Holiday Party pg. 9-10 We would like to add at least ten firms to the Pro Bono Council. The Chapter Book Club pg. 11 has invited the Michigan Association for Justice, the Detroit Metropolitan Bar Association, and the Washtenaw County Bar Complex Litigation pg. 11-12 Association to join the Chapter as partners in this Judicial Reunion pg. 12 effort and to reach out to their respective constituent WINNER firms. In addition, we are seeking practitioners 10 YEARS Calendar of Events pg. 13 from throughout the community to join the rolls of National FBA Distressed Municipalities volunteers who will accept a pro bono assignment pg. 13-14 every now and again as workloads permit. You can Outstanding N e w s l e t t e r Federal Youth Law Day pg. 14 make a tremendous difference by accepting a case, representing a client now acting pro se, and pursing A w a r d Luncheon Sponsors pg. 15 that case to a just conclusion. (continued on page 2)

1 President’s Column (continued) noted practitioners and commentators with the goal of elevating understanding of federal criminal and civil cases The first meeting of the Pro Bono Council will take place and the nature and accuracy of the reporting on those cases. on January 31, at 12:00 p.m., in the Courthouse. If you Special thanks to the Co-Chairs of that event, Saura Sahu are a leader at your firm, please consider enrolling your at Miller Canfield and Matthew Schneider, Chief of Staff and firm in this effort; if you are willing to accept a pro bono General Counsel for the Michigan Supreme Court, and to assignment, please enroll in our growing list of volunteers. all the panelists for that event, including Judges Robert H. Please contact me at [email protected] or give Cleland and David M. Lawson, and Rod Hansen, the Court’s me a call at 313.223.3632. Media Information Officer. In 2013, the Chapter intends to host a follow-up event to advance the dialogue between the The FBA’s Diversity “Pipeline” Initiatives Court and the media. In June 2009, our Chapter’s Diversity Task Force issued On October 10, 2012, as the Michigan Supreme Court a stunningly broad set of Recommended Initiatives and authorized a referendum on the emergency manager Activities for the advancement of diversity in the practice of legislation, and nine major municipalities (including Detroit) law in Southeastern Michigan, which is available on www. faced immediate risk of insolvency, the Chapter hosted fbamich.org under “Documents” (Diversity Task Force). “Municipal Entities in Distress-Between a Rock and Hard These recommendations represent the culmination of the Place,” to facilitate a dialogue among experts, municipal work of many individuals over the course of a year, including leaders, and practitioners on all sides of these issues. At Judge Mark A. Goldsmith (then an Oakland County Circuit the event, a consensus developed that Chapter 9 of the Judge and the immediate Past President of our Chapter) Bankruptcy Code does not offer a clear solution, even if who commissioned the effort in 2008, Judge George Caram the Governor authorized a municipality to file a bankruptcy Steeh (co-chair of the Diversity Task Force), Judge Victoria petition. Many thanks to the event organizers: Chief A. Roberts, Barbara L. McQuade (then President of the Bankruptcy Judge Phillip J. Shefferly, Bankruptcy Judge Chapter), Elisa Angeli Palizzi (then President-Elect of the Steven W. Rhodes (who moderated the event), David Chapter), Elizabeth Stafford (co-chair of the Diversity Task Lerner (Plunkett Cooney), Michael Hammer (Dickinson Force) and John Nussbaumer (Associate Dean, Thomas M. Wright), Leslie Berg (Office of the U.S. Trustee) and Craig Cooley Law School). Please take a few minutes to review Schoenherr (O’Reilly & Rancilio). And many thanks to the the 2009 Recommendations; you will be astonished by how panelists: Judy O’Neill (Foley & Lardner), Douglas Bernstein much the Chapter has implemented in three short years. (Plunkett Cooney), Frederick Headen (Michigan Department As we head into 2013, the Chapter will take its diversity of Treasury, Director of Local Government Services), initiatives to the next level. The Chapter intends to make a Edward Plawecki (Pierce Monroe & Associates, Director long-term, long-range commitment to “pipeline” initiatives of Government Services) and Charles Moore (Conway & with students at the middle school, high school, college and MacKenzie). law school levels. To pursue those Chapter initiatives, we Later this spring, in collaboration with the Detroit Institute will establish an FBA Pipeline Council, patterned upon the of Arts, the Holocaust Memorial Center in Farmington Hills, newly established Eastern District of Michigan Pro Bono community organizations, and art dealers, the Chapter Council. plans to host a program on the repatriation of art stolen The Chapter has hosted and actively participated in during World War II and the resulting federal court litigation “Diversity Summits” in which representatives of Metro concerning the provenance of art which, surprisingly, Detroit-based affinity and other bar associations convene to continues to this day. share ideas, coordinate efforts and activities and celebrate We are excited to embark upon community-based successes. Building upon this experience, the Chapter programming concerning issues adjudicated in federal court, plans to work with other key bar associations to form a and we would like to do more of this. Please let us know if you standing Metro Detroit Pipeline Coordinating Council, to be would like to make a difference by envisioning and planning comprised of representatives from bar associations, industry a community program that advances understanding and associations, and organizations from throughout the private dialogue concerning a federal issue of general interest. and public sectors that are engaged in and committed to a wide range of diversity efforts. FBA Student Chapters I am pleased to announce that Chapter participation This year, we also have reinstituted FBA student chapters in these pipeline initiatives will be led by Judge Roberts, at Thomas M. Cooley Law School (our thanks to John Elizabeth Stafford, and John Nussbaumer, who will be Nussbaumer) and at University of Detroit Mercy School of joined by several members of the Chapter Executive Law (our thanks to Professor Michael Bryce, Judge Michael Board (and yours truly). We would be pleased to welcome J. Riordan, and AUSA Susan Gillooly). In Fall 2013 we hope the participation of many others in these efforts, whether to start an FBA Chapter at Wayne State University Law as individuals or as representatives of their firms or School. With these student chapters, we are focusing on organizations. You can make a tremendous difference by events at the courthouse and on campus, to offer practice volunteering to assist the Chapter in advancing a broad advice and counsel to round out the preparation and training range of diversity objectives. for these new lawyers to be. Community-Based Programming Among its many missions, the Chapter is committed to a In 2012, we moved forward with community-based broad range of service. Please consider contributing your programming. On September 5, 2012, the Chapter hosted time and talent to make a difference through any of these “The Judicial Institute: A Backstage Pass to Journalists initiatives, or in a new initiative that you propose the FBA Covering the Federal Courts.” The event facilitated dialogue undertake. among thirty members of the media, judicial officers, and A healthy, happy and prosperous New Year to all!

2 McCree Award (from page 1) approach that attempts to get beyond the legal problems to address the underlying physical, psychological, and The keynote speaker will be U.S. Representative substance abuse issues that may have resulted in criminal Keith Ellison. Born and raised in Detroit, he represents conduct. Successful completion of the program may result part of the Minneapolis, Minnesota area in Congress, in a reduced plea, reduction in sentence, etc. where he has served since 2007. Congressman Ellison VTC have been in existence for approximately four is a member of the House Financial Services Committee, years, starting in Buffalo, NY. Judge Robert Russell, Jr. has and is a former member of the been the presiding judge in that House Judiciary Committee and court and has become a national Committee on Foreign Affairs. Eastern District of Michigan advocate and spokesman for He also currently serves on the Pro Bono Council VTC. He has tentatively agreed House Democratic Steering & (as of January 1, 2013) to participate in the seminar. The Policy Committee, co-chairs committee is also attempting the Congressional Progressive Barris Sott Denn & Driker to have Matt Stiner attend and Caucus, and is a member of the Bodman provide the current national Congressional Black Caucus. Brooks Kushman perspective on VTC. Mr. Stiner Before being elected to Brooks Wilkins Sharkey & Turco is the Director of Justice For Vets, an organization headquartered in Congress, Congressman Ellison Butzel Long served two terms in the Minnesota Alexandria, VA whose purpose Clark Hill House of Representatives, was is to advocate for, and ensure Dickinson Wright a noted community activist, and the standardization of VTC Dykema Gossett ran a civil rights, employment, throughout the United States. and criminal defense law practice Foley & Lardner The State of Michigan in Minneapolis. He moved to Garan Lucow Miller currently has 6 VTC, with the Minneapolis from his native Honigman Miller Schwartz and Cohn numbers continuing to grow. It Detroit to attend the University Howard & Howard is intended that select presiding of Minnesota Law School, from Jaffe Raitt Heuer & Weiss judges from Michigan’s Circuit which he graduated in 1990. Kerr Russell & Weber and District Courts will provide Before law school, he graduated Kitch Drutchas Wagner Valitutti & Sherbrook their perspectives and sit on from Wayne State University. Maddin Hauser Wartell Roth & Heller a panel for a question and For those affiliated with Miller Canfield answer period following the organizations that are sponsors of The Miller Law Firm presentations. the 2012-2013 Luncheon Series, Pepper Hamilton Details are still being worked tickets likely are available through Plunkett Cooney on, however, it is expected that your organization. For others, the Sommers Schwartz the seminar will take place in Luncheon is $25 for FBA members Room 115 of the Courthouse Warner Norcross & Judd and $30 for non-members. Tickets starting with a lunch at 12:00 are available online at www. p.m., and with presentations to fbamich.org. follow from 1:00 - 5:00 p.m. Stay tuned. *The biographical information for Congressman Ellison was excerpted and reprinted from http://ellison. house.gov/ Court Administrator Dave Weaver Veterans Treatment Court Seminar - March 12 In 2010, the Court created an Ad Hoc Jury Committee, The Chapter’s Federal Disability Benefits Committee Co-Chaired by Judge Denise will be presenting a seminar on Veterans Treatment Courts Page Hood and Judge Victoria (VTC) on March 12, 2013. A. Roberts. The primary goal The purpose of VTC is to provide assistance to military of the Committee was to seek veterans who have honorably served in the armed forces and implement solutions that will increase minority of the United States. The VTC assists veterans who have representation in the Court’s jury pools and to make become involved in the criminal justice system using a team (continued on page 4) 3 Dave Weaver (from page 3) SRO for SAN recommendations to improve the overall jury experience. That might have been the headline if VARIETY had Most recently, the Committee recommended, and the Bench covered the portrait presentation ceremony for Judge Stewart approved, several changes to the Court’s Juror Selection A. Newblatt on November 20, 2012. It was standing-room Plan. The most significant change is moving from a only in the Flint courtroom where he had presided for so two-step juror qualification many years. Many well- and summoning system to wishers who could not get a one-step system. This in the courtroom because change will streamline of the crowd stayed after the process and eliminate Court was adjourned to duplicative efforts by jury give him a hand-shake or staff, reduce mailing costs a hug. and reduce the number of Chief Judge Gerald E. ineligible jurors. Rosen welcomed everyone The revised Juror and expressed his and Selection Plan also includes his colleagues’ respect a supplemental draw and affection for Judge procedure. When a juror Newblatt. qualification and summons The Judge’s three form is returned to the sons—Genesee County Court as undeliverable, Circuit Judge David the Clerk’s Office will N e w b l a t t , R o b e r t randomly draw the name Newblatt, and Joshua of another person residing Judge Stewart A. Newblatt with his portrait Newblatt—all shared in that same zip code and in the Flint courtroom. affectionate recollections issue a new qualification Photo by Paul Janczewski, courtesy of Detroit Legal News Publishing LLC.. of their father. Wife and and summons to that mother, Flora Newblatt, person. This will help the Court in reaching potential sat in a place of honor while her menfolk amused jurors from similar geographic and/or demographic areas. themselves. Pulitzer prize-winning photographer Dan This new process will be utilized for a two-year period and White who created the portrait was also present. then reevaluated. Former law clerk Susan Mashour spoke on behalf of The remaining two changes include raising the jury all the Judge’s law clerks, calling him “a great person, a service exemption age from 70 to 73 and supplementing our great mentor and a great human being, with the highest juror source lists to include state income tax filer records ethical standards.” (just names and addresses!), if available. The other source Former law partner Howard Grossman observed that lists include Michigan driver’s license holders, Michigan despite the Judge’s legal and judicial accomplishments, state ID card holders, and voter registration records. he would consider “his marriage, wife, children and Adding state tax filer records was one of the original grandchildren as his greatest.” recommendations made by the Court’s jury consultant As is customary at such events, the Judge had the last Paula Hannaford-Agor from the National Center of State words. They were characteristically brief and modest. “It Courts, as a source of very accurate and current names was great to end up as a federal judge,” he said of his career and addresses. progression. “It’s a great profession.” Now that the Bench has approved the revised Juror [Ed. Note: Thanks to the Flint-Genesee County Legal Selection Plan, it has been forwarded to the Sixth Circuit News for its contributions to this article.] Judicial Council for final approval. Barring any problems, the new Juror Selection Plan should be implemented around the beginning of March 2013. New Lawyers Seminar 2012 If you have any questions or comments, please do not hesitate to contact me via email at: david_weaver@mied. The Chapter conducted another successful New uscourts.gov Lawyers Seminar at the Courthouse December 4-5. This was the Seminar’s 36th year, with some of the best state and federal legal talent in Metropolitan Detroit presenting the “nuts and bolts” of practice to seventy newer lawyers who were in attendance this year. The Seminar was co- 4 sponsored by the Chapter and the Young Lawyers Section to practice in the Michigan probate and family courts, of the State Bar of Michigan. grievance proceedings, workers’ compensation cases, The first day of the Seminar focused on practice and the handling of domestic relations matters. Between in federal court and the two sessions, the began with Chief Judge Seminar luncheon Gerald E. Rosen’s provided additional welcome. Moderated by learning opportunities Assistant United States as the Honorable Lita Attorney Sarah Resnick Masini Popke, Chief C o h e n , p r e s e n t e r s Judge Pro Tem of the covered varied topics Third Circuit Court introducing participants ( Wa y n e C o u n t y ) , to the Courthouse and the discussed procedures nuances of successfully in Circuit Court. litigating civil and D i s t i n g u i s h e d criminal cases before the faculty during the District and Magistrate second day included Judges. Areas covered attorneys Richard included “getting in the H ewlett, Michael door and on the docket,” Rataj, Brian Koncius, electronic filing, pre- Joseph Conrad Smith, filing pitfalls and Robert Berg, Timothy initial disclosures and Wittlinger, Lawrence discovery, civil motion P e p p e r , R o b e r t practice, pretrial and final Just a few of the people present at the 36th New Lawyers Seminar. Agacinski, Donald pretrial proceedings, and L to R: Brian Figot, Cathrine Wenger, Judge Arthur J. Tarnow, Christine Hannon, and Margaret civil and criminal trials. Dowhan-Bailey, Judge Patrick J. Duggan, Pamela Kroll, Maria Tobin. Among the faculty D’Agostini, and Third Circuit Chief Judge Pro Tem Lita Masini Popke. The Chapter was were Judge Patrick J. Photo by John Meiu, courtesy of Detroit Legal News Publishing LLC. pleased that this year’s Duggan, Magistrate Judges R. Steven Whalen and Mona attendance matched last year’s Seminar given the very low K. Majzoub, Deputy Court Administrator Maureen Flavin, pass rate on the July Bar exam and continued employment Deputy U.S. Marshal Vincent Ventimiglia, and notable struggles recent graduates face. New Lawyers’ Seminar federal practitioners such as Thomas McNeill, Mark Aiello, Committee Co-Chairs (Christine Dowhan-Bailey, Brian Stanley Bershad, and David DuMouchel. D. Figot, Grant P. Gilezan, Geneva S. Halliday, Theresa Attorney Daniel Manville and Federal Defender M. Serra, and Cathrine Wenger) thank the practitioners Richard Helfrick spoke on the valuable subject of and members of the judiciary who took time away from providing effective assistance of counsel to the indigent. their busy schedules to assist these new members of our A round-table discussion led by Federal Defender Jill legal community. Price provided an overview of criminal trial practice from pretrial proceedings through parole. Federal judicial law clerks shared their insight on practicing in the Courthouse in a “Do’s and Don’t’s” segment. The day concluded with Judge Gershwin A. Drain the attendees’ admission to practice before the Eastern Investiture Ceremony District of Michigan. During the second day of the Seminar, attendees were by Kelly Rimmer* led through practice in the tri-county court systems by outstanding state court practitioners. Chairperson of the On September 28, 2012, Gershwin A. Drain, formerly Young Lawyers Section Council Felicia Johnson started a Wayne County Circuit Judge, was sworn in as a U.S. the day with a brief welcome. Attorney Christopher District Judge. His Investiture Ceremony was held in Miller moderated the morning session, which covered the Special Proceedings Courtroom, with Chief Judge basic Michigan civil practice, handling criminal cases in Gerald E. Rosen presiding. It was a family affair, with his State court, case evaluation in Circuit Court, and several wife, Meredith, daughters Shannon Salinas and Shelley practice areas. Strange, mother Vera Drain, sisters Cassandra Rutledge The afternoon session, moderated by Seminar and Vernia Drain, M.D., and many other family members Committee Co-Chair Cathrine Wenger, introduced attendees (continued on page 6) 5 Judge Drain (from page 5) the University of Michigan Law School in 1972. He then secured a position as a clerk for the Wayne County in attendance as Judge Drain was formally welcomed to Circuit Court and worked for the Detroit Department of the federal bench. Transportation, followed by a position with the Federal The Reverend Haman Cross, Jr., of the Rosedale Defender Office where he worked for twelve years. Park Baptist Church, gave In 1986, then Governor the invocation. Chief Judge James J. Blanchard appointed Rosen then introduced the Judge Drain to the 36th federal judges in attendance, District Court for the City of and Chief Judge Virgil C. Detroit. A year later, Governor Smith of the Wayne County Blanchard appointed Judge Circuit Court introduced the Drain to the Recorder’s Court many State judicial officers where he served from 1987 to in attendance. Portia L. 1997 and earned his reputation Roberson, an attorney with the for being a dedicated and U.S. Department of Justice, impartial judge. In 1997, read the Commission of Judge Drain began his service Appointment. Judge Drain’s on the Wayne County Circuit wife held the Bible as Judge Court when the Recorder’s Damon J. Keith administered Court merged with the Wayne the oath of office to Judge Judge Gershwin A. Drain and family: County Circuit Court. He Drain. Meredith thanked his wife, Meredith, Norberto and Shannon Salinas, served as a Wayne County all in attendance for joining and Keith and Shelley Strange. Circuit Court Judge from the family in the celebration Photo by Judge Drain’s Brother-in-Law. 1997 to 2012, where he solely and honoring Judge Drain. handled civil cases for twelve Judge Drain’s daughters presented him with his robe, out of the fifteen years he was on the bench. expressing their admiration not only for his professional Reginald M. Turner, Jr., and W. Anthony Jenkins, accomplishments, but also as their beloved father. prominent Michigan attorneys The distinguished speakers’ and past Presidents of the State remarks centered on a single theme: Bar of Michigan, highlighted that Judge Drain’s outstanding that Judge Drain’s tenure at the legal career is attributable to Federal Defender Office and his commitment, hard work, as a judge exemplify the traits integrity, and professionalism. that make a successful lawyer Senators Carl Levin and Debbie and judge: professionalism, Stabenow both commented on diligence, service, and honor. the strong recommendation they Jenkins spoke on behalf of the received from the ABA Standing ABA Committee, commenting Committee on the Federal on the Committee’s conclusion Judiciary. The recommendation that Judge Drain’s qualifications was based on Judge Drain’s and temperament make him well impressive record of serving suited for the federal bench and the public, not only as a judicial the Committee’s confidence officer, but as an outstanding Former Detroit Mayor Dennis Archer, Judge that he will have a long and member of the community with Gershwin A. Drain and U.S. Sen. Carl Levin distinguished career in his new his unwavering commitment to Photo by John Meiu, courtesy of Detroit Legal News Publishing LLC. role as a federal judge. Detroit and the State of Michigan. Lastly, former Governor Senator Stabenow noted Judge Blanchard noted that he had the Drain’s reputation as a fair and thoughtful jurist, and privilege of appointing Judge Drain to the 36th District Senator Levin expressed his confidence that Judge Drain Court and the Recorder’s Court, and concluded his remarks will carry on the rich traditions of the Court he joins. with the overall theme of the day: Judge Drain is “exactly Congressman John Conyers, Jr., and former Detroit the type of person that needs to be in our independent and Mayor Dennis Archer, a fellow Western Michigan important third branch of government . . . . [w]e need judges University alumnus, discussed Judge Drain’s impressive in courts that people trust and respect. We have that with legal career. Judge Drain received his law degree from (continued on page 8) 6 Assisting clients from the onset of a matter through formal resolution

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7 Judge Drain (from page 6) eventually preside in Flint, commuting from his home in Gershwin Drain.” Rosedale Park. Judge Drain’s longtime dream of becoming Judge Drain then a federal judge has finally become a reality, and he cannot spoke. He first quoted express enough how thankful he is to have the support Psalm 75:6, which of his family, friends and colleagues. Judge Drain is also states, “Promotion eager to spend as much time as possible with the newest comes not from the member of his family, his grandson, Matthew, who was east nor the west but born in December. from the Lord.” He * Kelly Rimmer is a law clerk to the Honorable thanked those whose Gershwin A. Drain. support enabled him Judge Gershwin A. Drain to reach his dream of pictured with his mother, becoming a federal Rakow and Rom Vera Drain. judge: Governor Photo by John Meiu, courtesy of Detroit Legal Blanchard, Mayor Only a few Chapter members are still with us who Archer, Congressman remember Ed Rakow after whom the Rakow Scholarship Conyers, Senator Levin, Senator Stabenow, and Eugene Awards are named. But many of us have known, respected, Driker. and admired the work of Barbara Rom for whom the He also thanked his best friend and perfect partner, new Barbara J. Rom Award for Bankruptcy Excellence is Meredith, for her efforts, commenting that he would not named. It seems entirely fitting that the Rakow and Rom be where he is today without her help, love, and support. Awards were presented at the same Chapter luncheon on Of the many decisions he has made throughout his life, November 16, 2012. “meeting and marrying Meredith was one of the best Since 1969, the Rakow Scholarships have been decisions of my life.” awarded to deserving students of Michigan law schools He acknowledged the many other family members, who demonstrate outstanding scholarly achievement in colleagues, and friends that were in attendance, thanking securities, corporation, or business law. Past Chapter them for all their support in the past, and reminding them President and Federal Bar Foundation Trustee Edward that their days of working the polls on election day, passing out literature, and putting up yard signs are things of the past. Never one to boast, he described how humbled and honored he was to have so many people take the time to be there for him on such a monumental occasion. He also noted what a special privilege it was for him, as an African-American, to be appointed by this country’s first African- American President. After the ceremony, a reception was held, Rakow Scholarship winners and law school representatives, L to R: Stephen Brooks, hosted by the Chapter and Thomas M. Cooley Law School; Connell Alsup, Michigan State University College of the Drain family, where Law, Associate Dean for Student Engagement & Registrar; Zach Brown, Michigan all enjoyed his daughter State University College of Law; Michael Zumberg, University of Detroit Mercy Shannon’s cake, which School of Law; Ilana Ben-Ze’ev, Wayne State University Law School, Assistant was specially made in the Dean of Students; Alyssa Christensen, University of Michigan Law School; Michael shape of stacked Federal Serra, Wayne State University Law School; and Christine Gregory, University of Supplement volumes. Michigan Law School, Assistant Dean for Student Affairs. Judge Drain will Photo by John Meiu, courtesy of Detroit Legal News Publishing LLC.

8 Judge Terrence G. Berg, Chief Judge Gerald E. Rosen, Rom Award Winner Judy O’Neill, Judge Nancy G. Thomas Cranmer, Elisa Angeli Palizzi and Edmunds, Michael Hammer, Barbara Rom and Jeffrey Sadowski at the Holiday Party. Judge Phillip J. Shefferly at the Rakow/Rom event. Photo by John Meiu, courtesy of Detroit Legal News Publishing LLC. Photo by John Meiu, courtesy of Detroit Legal News Publishing LLC. Kronk presented the Rakow Scholarship Awards to: speaker David G. Chardavoyne, author of The United States District Court for the Eastern District of Michigan • Zachary E. W. Brown, Michigan State University – People, Law and Politics. Mr. Chardavoyne skillfully College of Law displayed many pictures from the book interwoven with • Stephen Brooks, Jr., Thomas M. Cooley Law the briefest of commentaries. School • Michael A. Zumberg, University of Detroit Mercy School of Law Cohn Legal History Award • Alyssa Christensen, University of Michigan Law Announced at Holiday Party School • Michael J. Serra, Wayne State University Law The Chapter threw its sixth annual Holiday Party on School December 6, 2012, at the Westin Book Cadillac Hotel. More than 100 guests enjoyed hors d’oeuvres, spirits, The newly created Rom Award honors individuals who and camaraderie while being treated to the music of have exhibited the highest level of overall excellence in the Magistrate Judge R. Steven Whalen’s jazz quartet, The practice of bankruptcy law. Among the criteria considered Cat’s Pajamas. in making the Award are excellence, civility, sophistication (continued on page 11) of practice, community involvement, Bar association and Court activity involvement, and pro bono participation. Judge Nancy G. Edmunds introduced Barbara Rom who made brief remarks of appreciation to the Chapter for creation of the Award in her name, and enthusiastically endorsed the Committee’s selection of the first recipient. Selection Committee Chair Michael C. Hammer presented the Award to Judy A. O’Neill, Partner, Foley & Lardner LLP. O’Neill received the Award for her accomplishments during her more than three- decades of practicing law. After lunch, the Annual Meeting of the Dean Watson, Judy Christie, Michael Lavoie, Brian Figot Court Historical Society was convened by and Jeffrey Sadowski. President Michael J. Lavoie. He introduced Photo by John Meiu, courtesy of Detroit Legal News Publishing LLC.

9 Welcoming the new Law Clerks (from page 9)

10 Holiday Party (from page 9) In addition to the traditional merriment, this year’s attendees enjoyed a special presentation by the Court Historical Society, as it unveiled the newly commissioned plaque for the “Avern Cohn Award For Excellence in the Collection, Preservation, and Interpretation of Michigan Legal History.” The inscription on the plaque Book Club attendees. explains: Photo by John Meiu, courtesy of Detroit Legal News Publishing LLC. This award is named in honor of United States District Judge Avern Cohn, novices. Professor Ken Jackson, a Wayne State University in recognition of his immeasurable contributions Associate Professor of English specializing in Renaissance to the cause of legal scholarship and the study of drama, moderated the discussion, which focused on The legal history. As an active, prolific, and thoughtful Merchant of Venice and Measure For Measure. writer, Judge Cohn has led by example throughout After offering high praise for the book, Professor his distinguished legal career spanning more than Jackson enlightened the group on the role of law in 60 years. As a notable collector of historic legal society at Shakespeare’s time. Following a brief lecture, documents and artifacts, Judge Cohn has served the discussion compared mercy and strict enforcement, as to inspire others through his generous support represented by Shakespeare’s plays, in everything from and guidance of worthwhile organizations that federal prosecutorial discretion and sentencing guidelines to promote the study of Michigan’s rich legal history, Oakland County’s Drug Court and the Restore Foundation. bestowing upon future generations the legacies of The discussion offered fresh insights into our work as curiosity, scholarship and wisdom. lawyers and judges and piqued the interest of burgeoning Shakespeare fans. Stay The brief ceremony tuned for the next Book included remarks from Club selection. Chief Judge Gerald E. Rosen, Court Historical Society President Mike Lavoie, and Judge Cohn, Complex who was visibly moved by Litigation the honor. The Historical Seminar Society contemplates giving the “Cohn Award” T h e C h a p t e r as warranted rather than Complex Litigation on an annual basis. Committee hosted the Special thanks to latest in its series of all for another fantastic seminars designed to party. give federal practitioners substantive and practical thoughts and advice from L to R: Mark Aiello; Michael Palizzi; Magistrate Judge the judges who preside Chapter David R. Grand; Executive Magistrate Judge R. Steven Whalen; over complex cases. Book Club: Magistrate Judge Laurie J. Michelson; and Jeffrey Sadowski The seminar, held at the attend the Complex Litigation Seminar. Shakespeare Courthouse on November and Justice Photo by John Meiu, courtesy of Detroit Legal News Publishing LLC. 14, featured a double- header panel discussion The Chapter Book Club met on Friday, December 7, to of district and magistrate judges. discuss A Thousand Times More Fair: What Shakespeare’s The first panel featured Judges David M. Lawson, Plays Teach Us About Justice by Kenji Yoshino. The venue Victoria A. Roberts, and Mark A. Goldsmith. The panel was filled to capacity with both Shakespeare devotees and (continued on page 12) 11 Complex Litigation (from page 11) The seminar was very well-attended and all found the discussion extremely practical and valuable. The Complex discussed a wide array of issues relating to the presentation Commercial Litigation Committee is in the planning stages and trial of a complex case, including the use (and overuse) for its next seminar. Keep watching the Chapter’s eBlasts of motions in limine, Daubert motions, and ideas for for the latest updates. effective expert presentation in jury and bench trials. The second panel – Magistrate Judges R. Steven Whalen, Laurie J. Michelson, and David R. Grand – focused on best practices for pretrial proceeding in a complex case. The panel discussed a wide array of topics relating to pretrial motion briefing, oral argument, and settlement conferences. The panels offered practical advice from the bench, and gave practitioners a rare glimpse into how district and magistrate judges approach various issues. L to R: Cheryl Bell, Mary Beth Collery, William Altman, Kimberly Altman, The judges discussed specific Magistrate Judge Laurie J. Michelson, Theresa Serra, Michael Simoni, practices they find helpful Judge Mark A. Goldsmith, Judge Patrick J. Duggan, Catherine Thompson and not-so-helpful, and gave Dobrowitsky, Magistrate Judge Michael J. Hluchaniuk, Elisa Angeli Palizzi, suggestions for dealing with a Brian Figot, and Jennifer McManus at the Judicial Family Reunion. host of thorny issues lawyers routinely face. The discussion Photo by John Meiu, courtesy of Detroit Legal News Publishing LLC. was moderated by Michael Second Judicial Family Reunion Palizzi, Jeffrey Sadowski, and Mark Aiello, and then opened for questions. The Second Judicial Family Reunion was a resounding success. Miller Canfield graciously hosted federal judges, as well as current and former law clerks and staff attorneys for the event held on October 18, 2012. Overlooking the Detroit River, attendees dined on delicious fare and caught up on old times. The event was well attended by the bench, including Judges Paul D. Borman, Patrick J. Duggan, Mark A. Goldsmith, Denise Page Hood, Lawrence P. Zatkoff, Bankruptcy Judge Walter Shapero, and Magistrate Judges Michael J. Hluchaniuk, Laurie J. Michelson and Mark A. Randon. The Chairs of the Law Clerk Committee, Matthew Allen, Theresa Serra, and Sara Woodward, would like to thank the sponsor firms that made the event so memorable: Bodman, Butzel Long, Dickinson Wright, Dykema Gossett, Foley & Lardner, Participants at the Bankruptcy Committee’s roundtable discussion Honigman Miller, and Miller Canfield. Special on Municipal Entities in Distress, L to R: Frederick Headen; Edward thanks also go to the National Federal Bar Plawecki; Bankruptcy Judge Steven W. Rhodes; Douglas Bernstein; Association, which also sponsored this Chapter Judy O’Neill; and Charles Moore. event. Make sure to look out for the next Law Photo by John Meiu, courtesy of Detroit Legal News Publishing LLC. Clerk Committee event. 12 Distressed Municipalities Event Calendar of Events Jan. 17 The Role of Social Media in Federal Litigation On October 10, 2012, the Chapter Speakers: Hon. Laurie J. Michelson, Kevin Carlson, Bankruptcy Committee hosted a timely and Don Wochna Members: Free | Non-Members: $5 roundtable discussion on “Municipal Cooley Law School, Auburn Hills Campus, Entities in Distress – Between a Rock 2630 Featherstone Road, Auburn Hills and a Hard Place” at the Westin Hotel in 8:00 to 9:30a.m. Southfield. Bankruptcy Judge Steven W. Rhodes moderated the event, which began Feb. 6 Pleadings in the New “Era of Plausibility” with short presentations by the panelists. Panelists: Hon. Avern Cohn and Hon. Robert H. Cleland Frederick Headen, Director of the Moderator: Dan Sharkey Bureau of Local Government Services Members: $10 | Non-Members: $20 in the Michigan Department of Treasury, Levin Courthouse, Room 115 discussed the various Michigan statutes 1:00 to 2:00p.m. relating to emergency managers. Edward Mar. 1 Wade H. McCree Award Luncheon J. Plawecki, Jr., General Counsel/Director Keynote Speaker: U.S. Rep. Keith Ellison (D. Minn.) of Government Relations at Pierce Monroe Award Recipient: & Associates, discussed how the Michigan NOMINATIONS ACCEPTED UNTIL JAN. 21 emergency manager statutes work in Members: $25 | Non-Members: $35 practice. Charles M. Moore, Principal Westin Book Cadillac Hotel at Conway MacKenzie, discussed the 11:30a.m. Reception practical realities of emergency managers, 12:00p.m. Luncheon ways municipalities can avoid emergency managers and otherwise deal with financial Mar. 7 Fourth Annual Celebration of Diversity Reception Fishbone’s Rhythm Kitchen Café distress issues. Judy A. O’Neill, Partner at 400 Monroe St. (International Center Building) (continued on page 14) 5:00 to 7:00p.m.

Your life is always in Mar. 12 Veteran Treatment Courts Seminar Levin Courthouse, Room 115 12:00 to 5:00p.m. MOTION Hold the Date: Further Details to Follow May 1 Law Day at The Courthouse: A Downtown Tradition Welcoming your staff, clients, and downtown neighbors to visit the courthouse between 11:00 a.m. and 2:00 p.m. Live demonstrations, such as bomb-sniffing dogs and tours of the Levin Courthouse. It’s becoming a tradition! Don’t miss it this year. Levin Courthouse 11:00a.m. to 2:00p.m.

June 4 Bench-Bar Social and Golf Outing In addition to an 18-hole scramble, the Bench Bar Make Social will have tennis courts & a variety of other activities. MOTION Plum Hollow Golf Club, Southfield, Michigan Your Legal Dinner following Lifestyle Magazine. Further Details to Follow Subscribe Today and Don’t Miss Updates and further developments at An Issue! www.fbamich.org See “Hot News” and “Events & Activities” Call 248-577-6100 Online registration available for most events.

13 Municipalities (from page 13) performance as keynote speaker, inspiring the students to “Stand Up” and make a positive difference. Ms. McQuade Foley & Lardner, discussed Chapter 9 bankruptcy issues, was followed by former AUSA Terrance Thompson who including constitutional concerns, contract, and plan himself grew up in Ypsilanti. confirmation issues. Douglas C. Bernstein, Shareholder at The high school students next had the opportunity to Plunkett Cooney, spoke on Chapter 9 attend small group break-out sessions eligibility and filing challenges. on different federal careers. Students The panelists, led by Judge met with local FBI agent Sean Rhodes, then engaged in a lively Nicol (a second year returner) and discussion and took numerous a Federal Air Marshal for exciting questions from the audience. presentations on both of these fields. The event was a great source of In addition, students received the information about this timely topic. benefit of a mock class on Criminal The event concluded with a cocktail/ Law by former AUSA and now networking event. Cooley professor Alan Gershel. They also enjoyed a presentation on Homeland Security by Cooley 2nd Annual professor and Brigadier General Federal Youth Michael McDaniel, who used to Law Day U.S. Attorney Barbara McQuade as the work in the Pentagon as the nation’s keynote speaker for the 2nd Annual Secretary for Homeland Security. During lunch, students received a On October 25, 2012, the Thomas Federal Youth Law Day. primer on Gerald R. Ford, the lawyer, M. Cooley Law School, the Chapter presented by one of the Library’s curators. After lunch and the Gerald R. Ford Presidential Library once again and to conclude the day, Cooley professor and former teamed up to host a Federal Youth Law Day at the Library AUSA Pat Corbett presented a program on cyber crimes in Ann Arbor. The first Youth Law Day, held last year, was and cyber safety. such a success that the Ypsilanti school district specifically Members of the Cooley Ann Arbor Student Chapter requested it be repeated, if possible. All partners agreed, assisted with the event, providing additional financial including the Library which generously donates its space support and spending the day with the attendees, including for the event. talking with them T h e d a y - about college and l o n g p r o g r a m graduate school over provides high lunch. school students Feedback from the opportunity this year’s program to learn about was very positive and various federal illustrates the value careers in the field students placed on the of law. This year, event. Ypsilanti High approximately School reported how 4 0 Yp s i l a n t i excited students were High School and about the speakers, the Ypsilanti New Library, and the lunch Tech students with law students. i n t e r e s t e d i n The event not only law attended the provided information program. about various careers A f t e r a to these students but welcome from Attendees at the 2nd Annual Federal Youth Law Day. also furthered their C o o l e y L a w interest in the study of law. One of the attendees reported School’s Dean Joan Vestrand (co-chair of the Chapter’s that “I learned a lot about careers I never knew existed.” Law School Initiatives Committee) and the Library, Another said “[she] was so impressed by the event… that U.S. Attorney Barbara McQuade gave a rousing return [she] would be pursuing law as a career.”

14 2012-2013 Luncheon Sponsors Calling All Former The Chapter gratefully acknowledges the following Federal Law Clerks! sponsors of the 2012-2013 Luncheon Program: The Chapter Law Clerk Committee is creating U.S. District Court for the Eastern District of Michigan a directory of former federal judicial law clerks, Barris Sott Denn & Driker PLLC and we need your contact information. The goal is Bienenstock Court Reporting and Video to create an electronic and interactive directory to Bodman PLC facilitate communication between former clerks and Brooks Kushman the Court. Brooks Wilkins Sharkey & Turco PLLC We are looking for the following contact Butzel Long information for all former law clerks to all past and Clark Hill PLC present Magistrate, District, and Circuit Judges in the ConwayMacKenzie Sixth Circuit: Computing Source Crawford & Winiarski • Full name Dickinson Wright PLLC • Current Address (work or residence) Dykema Gossett PLLC • Current Employer Esquire Solutions • Telephone Number Foley & Lardner • Personal Email Address Garan Lucow Miller PC • Work Email Address Gifford Krass Sprinkle Anderson & Citkowski PC Hanson Renaissance Court Reporters & Video Please send your contact information (preferably Honigman Miller Schwartz and Cohn LLP via email) to Matt Allen, Law Clerk Committee Co- Howard & Howard Attorneys PLLC Chair, at Miller, Canfield, Paddock & Stone, P.L.C., Jaffe Raitt Heuer & Weiss PC 840 W. Long Lake Road, Suite 200, Troy, Michigan Kerr Russell and Weber PLC 48098, 248-267-3290, [email protected]. Kienbaum Opperwall Hardy & Pelton PLC Please contact him with any questions. Kitch Drutchas Wagner Valitutti & Sherbrook

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15 Newsletter Committee: Christina L. Farinola, Co-Editor in Chief Career Law Clerk to Hon. Paul J. Komives (313) 234-5200 Andrew J. Lievense, Co-Editor in Chief Save The Date Assistant United States Attorney (313) 226-9665 February 6 Rules and Civil Practice Seminar: Judge Michael J. Riordan Michigan Court of Appeals Pleadings in the New Era of “Plausibility” (313) 972-5662 John P. Mayer Over the past few years, the Supreme Court displaced the old “no Management Consultant (734) 558-5593 set of facts” pleading standard with a “plausibility” test. In a session Thomas D. Esordi moderated by Daniel N. Sharkey, District Judges Avern Cohn and O’Reilly Rancilio PC Robert H. Cleland will discuss their views on how this heightened (586) 726-1000 standard affects their analysis of pleadings, and the corresponding Lauren N. Mandel Career Law Clerk to “dos” and don’ts” for civil practitioners. Hon. Patrick J. Duggan (313) 234-5148 Levin Courthouse, Room 115 (Multipurpose / Seminar Room) Jennifer L. Newby Noon to 1:00 p.m. Dickinson Wright (313) 226-3081 Lunch will be served. Cost: Member $10; Non-member $20 Susan E. Asam Barris Sott Denn Driker PLLC (313) 596-9333

Federal Bar Association RETURN SERVICE REQUESTED PRESORTED E. D. Michigan Chapter Standard PO Box 20759 U.S. Postage Paid Ferndale MI 48220 Wyandotte, MI PERMIT #153

WINNER 10 YEARS Executive Director: National FBA Brian D. Figot Outstanding (248) 594-5950 N e w s l e t t e r [email protected] A w a r d