Inside 4Q2009 2...International Legal Consideration for In-house Counsel 4...ACC Annual Conference 4–6...Recent & Upcoming Events 6...ACC News 7...Government Helping Businesses to Prevent Data Breaches 8...Law School Round-Up 11...Diversity Scholarship Updates 11...Chapter Announcements focus President’s Message Susan Ephron

Greetings Fellow Washington Chapter at the three Washington the school several times ACC Members! law schools to support between late October the studies of a student and late November to It’s hard to believe that Fall is here and with a diverse back- teach about legal topics almost gone. ground, a significant and the one-day con- financial need, a record ference will be held As I start my tenure as President of of academic achieve- December 3 at the Chapter, I’d first like to take a look ment, a commitment legal offices. It is not too back and thank Peter Marchel for to increasing diversity late to volunteer to be his leadership as President and Mike within the legal profes- part of this great pro- Anderson and Rick Gordon for their sion, and a demonstrated interest gram. Please contact Board Member many years of service on the board. in business and/or corporate legal Mark Maroon if you are interested. You will be missed. practice. We are also thinking of ways to help Looking toward the future, I’d like to If you have met any of the past scholar- our members who are in-transition. welcome our four new board members ship recipients at past Ethics Dinners One idea is to host a program with — Michelle Marchant (HP), Mark you know that they are an outstanding information on the job market, resume Maroon (Starbucks), Al John (Boeing), group with remarkable achievements. building, and interview tips. If you and Brad Toney (Classmates.com). You’ll find an update on the scholar- would like to be involved in planning Biographies are listed below. We are ship recipients from University this program, please contact me. very excited to have such a strong in this edition of the newsletter. We board and look forward to presenting plan to run similar features on the I look forward to seeing you all at some excellent programming this year. scholarship recipients from the other future chapter events. Please feel free First up is the Annual Ethics Dinner, schools in future editions. to contact me if you want to get more which will be held on December 10 at involved in Chapter activities or have the Columbia Tower Club. This event In other pro bono news, this fall, the suggestions for future programs. is always a great way to get some last chapter is again participating in the minute ethics credits and join your Corporate Legal Diversity Pipeline Wishing you joy this holiday season, colleagues in some holiday cheer. If Program, a partnership between Street you have not already received your Law, Inc., and the ACC. The aim of the Susan Ephron, WACC Chapter invitation, if should be coming soon. program is to encourage students of President color to pursue legal careers. We are Counsel, Safeco Corporate Legal I’m also happy to announce that we partnering with two classes at Chief again funded Diversity Scholarships Sealth High School. Volunteers visited International Legal Consideration for In-house Counsel Susan Hackett, Senior Vice President and General Counsel, Association of Corporate Counsel [email protected]

So much of our time is spent attend- In many jurisdictions in Europe and there, can come work at corporate HQ ing to the urgent matters on our desks. Asia, for instance, in-house counsel can in the company’s home country, or how Many of us complain that we don’t have no longer carry privilege rights for their outside counsel in the many jurisdictions time to deal with the important ones: the clients or aren’t seen as sufficiently inde- abroad doing work for the company in ones that should be a priority in terms of pendent to be allowed to exercise the sta- their home jurisdiction can engage in long-term success, but are often shuffled tus of outside counsel in courts or else- providing services that are essentially to the bottom of the pile. Today, I’d where. In many of these jurisdictions, an deemed as being provided by a “non- like to talk to you about something that in-house counsel becomes a “non-law- lawyer” since that person is not admitted I think is long-term “important,” and yer” the day they receive compensation in the company’s home country. explain why at some point, if left unat- by paycheck rather than retainer check. tended, it may become a daily “urgent” [See, e.g., ACC’s International Practice So, here’s the important nugget: if you problem plaguing your practice. Almanac offering overviews of practice thought that MJP was all but in the rights for in-house lawyers jurisdiction bag, it’s actually just getting started in In-house counsel have complex jobs by jurisdiction — http://www.acc.com/ the emerging context of multinational as both generalists and specialists for search.cfm?anytext=International%20Pr practice. The corporate legal community, their company client, and this complex- actice%20Almanac.] In addition, almost from both companies and firms, will need ity increases as the number of juris- every major business jurisdiction in the to push hard to explain why this is crucial dictions and related “international” world places some level of limitation on for the bars to do since many are com- considerations that your practice must the ability of lawyers not locally admit- pletely disinclined to get involved. They contemplate increases. Even companies ted to engage in practicing. see the issues as a mere administrative that largely work in only one country inconvenience to the foreign lawyer that are ever-more likely to contend with Many jurisdictions around the world can be simply answered by saying “no.” suppliers, laws, and other influences have been engaging in MJP (or multi- from beyond their “home” jurisdiction’s jurisdictional practice) reform efforts I see an emerging opportunity in many borders. to help the states or provinces that jurisdictions in the next few years as a separately regulate lawyers, figure out number of efforts are launched to think So please consider for a few minutes how how to allow and when to regulate more about how to deal with multina- a number of developments and emerging inter/multi-state or inter/multi-province tional practice issues. Lawyer associa- trends in international legal practice may services within the country’s borders tions and bar groups around the world affect your ability to get your work done without requiring separate admissions are starting to set up commissions, and as a lawyer operating across country in each jurisdiction. While the ability of ACC will be there to help. What is going lines. lawyers practicing within these nations to drive change more than anything else, has improved, we still have a ways to go according to my small and completely Trendlines that will affect your before larger MJP authorization systems subjective crystal ball, is that these practice as an in-house counsel. catch up with 21st century practice reali- emerging conversations on international In-house counsel in places like the ties. Now these regulators have to figure licensing authorization will take place United States, Canada, Australia and out solutions that either facilitate or at the same time that governments and New Zealand have long enjoyed the con- protect both the bar and the public from other stakeholders are also thinking fidence that their ability to practice as in- lawyers practicing in their jurisdictions about how to make corporate lawyers house lawyers would be fully recognized who are not locally licensed anywhere better gatekeepers for the client entities and respected, both as lawyers at the bar in the country. It seems that our prog- they serve. And also how lawyers and and amongst the client community they ress has been limited to figuring out a the law can become more of a service serve. Yes, they fought for it, but no one bit more about how a lawyer licensed profession to a larger segment of their questions it nowadays. in Ontario or California can follow a society, rather than simply a business legal matter they’ve been retained to venture for the highly educated and But in many parts of the world, regula- handle for a client to Alberta or Georgia well-compensated corporate lawyers of tors of the local profession still do not (respectively). However, we still haven’t the world. recognize in-house counsel as carrying really gotten a handle on how a lawyer the same professional rights and respon- from the company’s office in another For instance: The bars in Europe [and sibilities as lawyers in outside practice. country, locally educated and licensed elsewhere] are about to begin to consider continued on page 

 Washington Chapter FOCUS 4Q09 continued from page  filed an intervention) is also still pending We live in a new world, quite distinct responses to initiatives such as the Legal and may be decided soon, there will be the from the traditions of our profession Services Act (www.justice.gov.uk/ added limelight of a decision that either which allowed us to make decisions publications/legalservicesbill.htm), which upends or supports the notion of privilege about professionalism as lawyers, arose in the United Kingdom a few years protection in the in-house practice context without much “interference” from other back; the fundamental precepts are as interpreted by the highest courts in the stakeholders, such as clients, sharehold- now being replicated/gaining traction EU interpreting local and EU law. ers, public company regulators and the throughout Europe through the EU’s media. In an era marked by an alarm- Services Directive, which will take force And, of course, for lawyers beyond the ing number of monumental corporate at the end of 2009 [http://ec.europa. physical borders of the EU, EU rules failures, questions about “where were the eu/internal_market/services/services-dir/ define anyone not admitted in a EU juris- lawyers in all this?” will not be answered index_en.htm]. When both of these ini- diction as a non-lawyer for purposes of solely at legal colloquia. Like it or not, tiatives were announced, quite a number legal services provided in the EU jurisdic- living in the new world will have conse- of prominent leaders in the US ethics tion. That means all of you out there who quences to our regulation and ability to and professionalism community said: don’t sit in Europe with a local admission, practice for our clients. And we should “Interesting, but an isolated event in but have client interests in the EU. And be out in front of them, not lagging time, and it will never happen here. Our this also applies to your local counsel behind to see what others will make of self-regulated profession operates under whom you’d like to deploy in the EU nego- our profession and how it works. time-honored traditions of indepen- tiation or who has delivered the memo to dence and lawyers know best.” your colleague sitting in Brussels, which is My point is that the consequences may now discoverable, because privilege only seem remote to you right now. You could But hear the undertones and think applies to materials generated by lawyers look at each of the above events as if about whether it really is unlikely that (not non-lawyers). they are separate and unrelated to your this kind of “reform” movement will not license, your practice and your client’s seep beyond the four corners of Europe. At the same time, there are new initia- service. But I think that is a short sighted The Legal Services Act was largely a tives in Australia and elsewhere that view. And if I have only these few consumer-driven initiative, responding allow for law firms to seek out capital minutes with you every now and then to the perception and reality that legal through public financing — essentially to take you away from what’s urgent to services are not affordable or meaning- authorizing firms to become pub- talk to you about what’s important, then ful to most citizens’ basic needs. The licly traded companies, and thus be let this be my call to ACC members: If Act authorizes the development of new regulated as such. Thus, decisions about you want to protect what’s important to kinds of professional service entities that legal service modeling and provision you locally, you’d better be prepared to would include multidisciplinary prac- in a publicly traded law firm may be join us in fighting for what’s unfolding tices and would liberalize the practice of influenced greatly by non-lawyers and internationally. It will directly affect your law to make it more accessible. The EU regulators over time. And in the United practice and your capacity to practice in Services Directive requires EU govern- States, in response to Enron and other the not so distant future. Contact me at ments to review their rules governing corporate meltdowns, we see entities [email protected]. the liberal professions, to ensure they such as the SEC seeking to regulate are necessary and appropriate — that the roles, fiduciary responsibilities, directive may open all kinds of conversa- and even reporting requirements of tions about whom should be allowed the lawyers working in public companies. privilege of lawyer in a society and how We see Congress increasingly likely to those persons should be regulated. hold hearings on corporate failures and subpoena lawyers and attorney-client So — here’s the nugget: why isn’t it pos- privileged documents as a part of their sible for such an over-arching review in investigations (and remember, privilege Europe to include a discussion of whether is a court doctrine in the United States, companies can be better served by in- and Congress often maintains that it house lawyers who are fully recognized has no protective status in response to a by the bars and carry the privileges that Congressional subpoena). This all means their peers in outside practice have always that folks who aren’t “part of the guild” enjoyed — hold them to the same stan- are increasing likely to have a hand in dards of professionalism, of course, but lawyer regulation. offer them the same privileges of practice. Since the Akzo-Nobel case (in which ACC

 Recent Events Thursday, September 24, 2009 “Tweetspam, Spiders & Other Privacy included a summary of the relevant laws CLE Presentation, Sponsored by: Issues in Social Media Marketing.” Susan and regulations, as well as useful tips and Perkins Coie Lyon of Perkins Coie provided the partici- recommendations to help keep your com- “Tweetspam, Spiders & Other pants of this well-attended session with an pany out of hot water in this ever-changing Privacy Issues in Social Media overview of the legal and privacy issues world of “tweets” and “wall posts.” Marketing” that arise if your company decides to start using online social media services, such as On September 24, the WACC partnered Facebook or Twitter, as a means to market with Perkins Coie to host a CLE titled its products or services. The discussions

ACC Annual Conference October 18-21, 2009, Boston, Massachusetts

Board Member Karen Klein recently spoke at the ACC Annual Meeting in Boston. Her topic was “Building Your Department/ Building Your Influence.” Congratulations Karen! More information about this years Annual Meeting, and the 2010 Annual Meeting in San Antonio may be found on the ACC’s website at www.acc.com/education/annualmeeting

L to R – Board Member Karen Klein, David Brill, Laura Williams

Have a question about the Washington state chapter? Interested in joining our legal community? Please feel free to contact any one of our board members with any questions you may have. We would be happy to talk with you and encourage you to join. Our chapter is always accepting new members!

Have an idea for our next newsletter? Feel free to contribute! Please email questions or submission requests to [email protected].

 Washington Chapter FOCUS 4Q09 Networking Event

Wednesday, August 12, 2009 – Theo’s Chocolates! 6–8:30 PM, Sponsored by: Lexis Nexis

WACC, together with sponsor Lexis Nexis, organized a fun social event at Theo’s Chocolates in Fremont. Chocolate was sampled, wine was provided, and a factory tour was conducted. The event was a huge success, and we had many new faces attend. It was a won- derful event that received excel- lent feedback from all attendees. Special thanks to Craig Broscow and Valerie Kemmer from Lexis Nexis who sponsored and helped organize this event.

Theo’s Chocolate Theo’s Chocolate Tour

L to R: Carolyn Ladd, Ann Galbraith, Cathi Hunt, Board Member Al John

Group on Theo’s Chocolate Tour listening to presentation Lexis Nexis Sponsors Craig Broscow and Valerie Kemmer

Some of the Group on the Chocolate Factory Tour – Hair Nets Required!

Welcome Remarks by Lexis Sponsor Craig Broscow (right), Theo’s Chief Operating Officer Andy McShea (left).

L to R: Past President L to R: Matt Boisen, Tom Daemen, Lisa Peter Marchel, DeFors, Board Member Mark Maroon Lexis Sponsor Craig Broscow  2009 Upcoming Events

CLE Presentation on “Advising the Pipeline outreach program for Chief Sealth a plated dinner will be served during the Board: Your Responsibilities as In-house High School students here in Seattle. presentation. Counsel. Common Issues That Arise in Volunteers will present three topics: Torts, Public and Private Companies” Contracts and Sexual Harassment law, Highly recommended as a “delightful” and Thursday, November 5, 2009 in the classrooms in November and at a “dynamic speaker,” John S. Dzienkowski, 12–2 PM Workshop to be held at Starbucks head- Professor of Law Sponsored by: DLA Piper quarters on December 3, 2009. Safeco & Dean John F. Stellman Keehnel, Mark Hoffman and is generously providing funding for the Sutton Chair in Megan Muir of DLA Piper will address event. Lawyering and a range of issues that in-house counsel the Legal Process commonly face when advising the Board, Annual Ethics Dinner at the University of Texas including: litigation related topics, current Colombia Tower Club School of Law, will corporate governance issues for public Thursday, December 10, 2009 be our speaker for companies, and private company topics. Social Time: 5:30–6:30 PM this interactive and Please contact Brad Toney at Dinner: 6:30–7:30 PM engaging presenta- [email protected] with any questions. Presentation: 7:30–9:00 PM tion. “Pretexting Sponsored by: Jackson Lewis and Other Current Ethical Issues Facing Street Law Conference We are proud to present our annual Ethics Corporate Counsel” will examine mul- Thursday, December 3, 2009 Dinner at the Colombia Tower Club. This tiple current ethical dilemmas of in-house 9:30 AM–1:30 PM event has grown every year, and this year counsel. Hypotheticals will be used to Starbucks Headquarters we hope to break our attendance record! present the cutting edge developments in More than twenty WACC volunteers have Come earn some Ethics CLE’s in the best pretexting, intra-corporate family conflicts expressed an interest in participating in location in Seattle. Wine and appetizers of interest, dealing with non-client agents, Street Law’s Corporate Legal Diversity will be served during the social time, and and many other issues.

ACC News

ACC Value Index Launched! Upcoming ACC Programs InfoPAKsSM: “Records Management: Since its launch at the Annual Meeting, ACC’s educational and training programs Resolving the Eight Issues” the ACC Value Index — a resource that are designed to meet your diverse legal Legal Practice Profiles: “Social Networking measures client satisfaction with law firms needs. Don’t miss out the chances to hone for Companies: Leading Practices in — has acquired over 1600 evaluations of your legal skills and connect with your Leveraging Social Media for Business, more than 600 law firms. We need your fellow in-house counsel at the following Creating Social Networking Policies and help to expand its evaluation library. events: Using Social Media in Hiring” Browse evaluations and take a minute to fill • Mini MBA For In-house Counsel, March Sample Forms: “Royal Bank of Canada Law out evaluations for the law firms you work 15-17, 2010, Boston, MA Group Sample Retainer Letter for Internal with at www.acc.com/evaluation. You will • ACC 2010 Annual Meeting: Be the Investigations” need to enter your member ID and pass- Solution, October 24-27, 2010, San Webcast: December 16, “Implementing word to gain access to the site. To have your Antonio, TX Your Strategic Plan: Internally and password emailed to you, enter your email • Corporate Counsel University, May 23- Externally” address at www.acc.com/login/ 25, 2010, Indianapolis, IN forgotmypassword.cfm. New QuickCounsel, For more information on ACC programs, “Legal Implications of Renew Your go to www.acc.com/education. Furloughs” Published ACC Membership Today! QuickCounsel is an electronic compen- Renew your membership to ensure access One-Stop Learning with dium of resources, presenting a quick to professional training programs, practi- ACC Online Resources overview of a subject and a bibliography cal legal resources and great networking No matter whether you are a general designed to provide members with instant, opportunities with your peers. Renew by counsel at a fortune 500 company — or a substantive information on a subject. They December 11, and you will receive a pro- new in-house counsel working for a small are short pieces, 2–3 pages in length with motion code for a free online educational local start-up enterprise — ACC offers you relevant resources included at the end. program! You can renew online at various resources to help you tackle the Check out the newest QuickCounsel, “Legal www.acc.com/membership/renew.php, or legal problems. Check out ACC’s website at Implications of Furloughs,” at www.acc.com/ over the phone with us at 202.293.4103, ext. www.acc.com to get all the resources you legalresources/quickcounsel/liof.cfm. 360. need. Here are few examples:

 Washington Chapter FOCUS 4Q09 Government Helping Businesses to Prevent Data Breaches By Rob McKennna, Washington Attorney General

Data security and protecting personal nesses is through enforce- information are among the biggest busi- The Attorney General’s ment of Washington’s ness and legal challenges for companies and Office has made it our mis- Computer Spyware Act organizations. sion to focus on education so (RCW 19.270). Spyware has that businesses and agencies arguably become the biggest According to Privacy Rights Clearinghouse, can develop systems that online threat to consum- a nonprofit consumer and privacy advo- protect the vital information ers and businesses since cacy organization, more than 340 million entrusted to them by their the advent of the Internet. records of US residents have been exposed clients, customers and the Washington became one due to security breaches since 2005. public. of the first states to adopt a law explicitly prohibit- Studies suggest businesses spend an average A sound data security plan is ing spyware activities and of $5 million each to recover from a data built on five key principles: imposing serious penalties breach incident. Fines, credit monitoring on violators. for victims, public relations damage control 1. Take Stock: Know what personal infor- and litigation can stack up. Breaches can mation you have on hand and stored Our law became effective in July 2005 and have long-term ramifications, too, as the electronically. gives the attorney general’s office a strong loss of consumer trust fosters a loss of 2. Scale Down: Keep only what you need. tool to discourage and prosecute spyware future business. 3. Lock It: Protect personal information purveyors. The statute doesn’t stop at out- and limit access. lawing programs that collect personal infor- Washington’s security breach laws require 4. Pitch It: Properly dispose of what you mation, but uses a broader definition of businesses and government agencies to dis- no longer need. “spyware” and punishes those who mislead close breaches of their unencrypted security 5. Plan Ahead: Create a plan to respond users into believing software is necessary systems that contain personal information to security incidents. for security. The law was updated in 2008 of their customers. No enforcement arm to create additional liability for third-par- is specifically listed under our data breach These principles are described in greater ties that permit the transmission of spyware notification statutes (RCW 19.255.010 and detail in the Federal Trade Commission’s and to address new types of deceptive RCW 42.56.590), although the Attorney pamphlet, “Protecting Personal behaviors, such as misrepresenting the need General may be assumed to be the enforcer Information: A Guide for Business.” We for computer repairs. by default. encourage businesses to compare their practices to these tips and to make changes The attorney general’s office has obtained The purpose of our laws is to assure that in as necessary. consent judgments that benefit consumers the event of a data breach, prompt notice is in six lawsuits we’ve brought under the law. made to consumers in order to allow them When developing your security plan, be A seventh case is pending. to assure their personal information is not mindful that not all breaches are alike. compromised. Our laws require that disclo- The Identity Theft Resource Center tracks In addition, any owner of a website or sure of a data breach must be made without annual data loss in five categories: data trademark who is adversely affected by “unreasonable delay, consistent with the on the move (e.g., laptop thefts), acciden- spyware violations may bring an action legitimate needs of law enforcement.” That tal exposure, inside theft, hacking, and under our law. Defendants can be fined up includes written notice, electronic notice or, information stolen or lost by a subcontrac- to $100,000 per violation or actual dam- in certain cases, substitute forms including tor or other party. While human error and ages, whichever is greater, and a court news media. poor data handling generally play a role, may increase damages threefold for repeat the organization finds that most reported offenders up to a maximum of $2 million. A The statutes encourage both agencies and breaches are due to theft. violation of the spyware act is also a viola- businesses to be responsible with consumer tion of Washington’s Consumer Protection data and enable consumers to quickly For an information security program to be Act, under which offenders may be subject work to ensure the safety of their personal successful, it must include everyone in the to additional penalties. information. company. The most sophisticated, anti- hacking technology means little if a laptop The need for such legislation is evidenced Another Washington state law (RCW containing unencrypted information is by staggering statistics, including industry 19.215.010) requires businesses and public stolen from an employee’s car or a box of reports that estimate spyware and other agencies to dispose of personal information files is carelessly tossed in a recycling bin. unwanted software resides on up to 80 responsibly. Violators may be subject to percent of consumers’ computers (Separate civil liability if an individual is harmed as a Another way the attorney general’s office is result of the breach. working to protect consumers and busi- continued on page 

 continued from page  Businesses also become victims of spyware Our office also proposes legislation to 2004 studies by market researcher IDC installation, finding themselves plagued assist police and prosecutors in their work, and the National Cyber Security Alliance). with compromised company security, provides education to prevent Washington has said that 50 percent of its overloaded networks, and significant user residents from become victims of cyber- customer-support calls related to computer downtime. Dealing with spyware becomes crime and identity theft, and builds effective crashes can be blamed on spyware. an expensive and time-consuming problem partnerships among agencies working to for these businesses. tackle these issues. Most computer users are unclear about how spyware ended up on their comput- As concerns about computer safety grow, Financial security is of paramount impor- ers. It can happen simply by downloading consumer confidence in e-commerce tance to all of us. The attorney general’s a free program, such as a screensaver or and online financial transactions may be office will continue to work to protect that mp3 music file. Because it is often installed undermined. The only way to keep the security, while depending on those of you surreptitiously, frustrated consumers Internet market thriving is for the Attorney in the business community to play a role in may not immediately attribute computer General’s Office to approach high-tech cases helping to build a strong line of defense. malfunctions to spyware. Some assume that as we do the “brick-and-mortar world” and hardware or software glitches are the “cost bring our law enforcement powers to bear of doing business” and never seek to clean when appropriate. their computers of the harmful software.

Law School Round-Up

In support of our law schools in Washington State, our chapter is proud to O’Connor, the first present the following events and updates woman appointed from our local law schools: to the United States Supreme Court, says Seattle University Law School judicial indepen- Justice Sandra Day O’Connor dence is one of the headlines conference most important Former Justice Sandra Day O’Connor issues of the day. called for an end to judicial elections at a Since retiring from conference at Seattle University School of the bench in 2006, Law that sparked conversation about the she has worked tire- critical issue of how judges are chosen. lessly to promote the idea of judicial inde- More than 400 judges, lawmakers, attor- pendence and more neys and interested citizens attended civics education in Justice O’Connor poses with women student leaders State Judicial Independence — A public schools. after lunch at the law school National Concern on Monday, Sept. 14. Distinguished experts spoke on panels continued on throughout the day. page 

Justice O’Connor and Gerry Alexander, Washington Justice O’Connor gives her keynote address at Chief Justice, debate judicial elections Seattle University’s School of Law conference on Judicial Independence  Washington Chapter FOCUS 4Q09 continued from page  future. Corporate law scholars from across She recommends steering away for elec- the country participated. In addition, the tions, which she says have become “nasty, center also awarded a full-tuition schol- University of Washington Welcomes expensive and destructive” and instead arship each year to student interested in New Dean Kellye Testy have appointed judges who must face corporate law and society. One of the new- retention elections. est faces on the Law School Graduate Selected to University of Before taking the stage, Justice O’Connor Intern with International Human Washington campus had lunch with a group of women student Rights Court is also the face of leaders from the law school. She asked A recent graduate who is deeply commit- a new era in legal about their backgrounds and goals, and ted to helping immigrants, women and education. Kellye told them to do something that matters. children is Seattle University School of Testy, the UW Law’s first intern with Inter-American School of Law “Don’t work for the money,” she said. Court of Human Rights. Dean and James W. “Work for the good you can do.” Mifflin University M. Fernanda Parra-Chico, who graduated Professor of Law, is one of the top lead- Professor Heidi Bond, who was a clerk for in May, will be the only American among ers across the country looking at how Justice O’Connor enjoyed a warm reunion 23 interns this winter. Others chosen law school curriculum needs to respond with her former boss, calling her “an come from throughout Latin America and to match the rapidly changing demands incredible person.” Europe. She will work at the court’s Costa facing legal practitioners. “Legal educa- Rica headquarters from October to March. tion is at an important crossroads, one Justice O’Connor praised the law school. The Inter-American Court is one of only that more resembles the complexity of “This is quite a law school,” she said. “I two active international human rights LaGuardia than a traditional town square,” think you’ve done something right by courts in the world. It has binding jurisdic- she recently wrote, and Dean Testy plans attracting so many good students. I really tion over states throughout the Americas. to lead the UW School of Law through this did enjoy meeting the students. They were There are no appeals from court judgments labyrinth to emerge as a national leader. an impressive group, to say the least.” and decisions. Growing up in the shadow of Indiana Seattle Law School Names Center for Professor Tom Antkowiak, who was University, education became important to Adolf Berle a senior staff attorney for the Inter- Testy, a first-generation college graduate. Seattle University School of Law is proud American Court and served an internship “I’m not from a family of educated persons to announce the naming of the Adolf A. when he was a law student, negotiated in a formal sense and my going to college Berle Jr. Center on Corporations, Law, and an agreement that guarantees a spot for a was lucky — we just happened to live in Society. Spanish-speaking Seattle University law Bloomington,” she said. “At Indiana, I fell student — a coveted opportunity. in love with the whole university environ- Following in the footsteps of Adolf A. ment and I was compelled by education Berle, Jr., the center facilitates study of the Born in Mexico, Parra-Chico moved to because it transforms so many lives.” constantly evolving American and global the United States when she was 3, but economic system, the ongoing struggle for has maintained close ties to Central and After her undergraduate days, Testy power between and among corporations, South America. She is fluent in Spanish launched a successful career in business governments, individuals, and society, and and speaks some Portuguese. Her family in Northern California. Her next step was the role of law in mediating and shaping is from Guanajuato, Mexico, where her law school — not a surprising choice given the nature of our economic relations and grandfather was a judge and many family her love of language and the written word institutions. The objective of the center, in members are attorneys. She will spend a — and that’s the step that would lead her the words of Berle, is to “carry on the work month living with her family, auditing a to Seattle. of discovering intellectual tools and philo- course at the law school in Guanajuato sophic principles, in the hope of enlarging and brushing up on her Spanish “legalese” Testy applied to only one law school — the capacity of generations yet unborn before beginning her work with the court. Indiana, of course — and as a first-year law to confront conditions and dangers no student, she took a civil procedure class dawn has yet revealed.” Berle was a lawyer, She says she has known all her life what she taught by David Skover, a professor visiting teacher, scholar and public servant. He was wanted to do. “Ever since I was a little girl from the University of Puget Sound (now one of the original members of Franklin I wanted to be a lawyer and do this kind of Seattle University). Skover, the Frederic D. Roosevelt’s “Brain Trust” and the author work,” she said. “I was raised with a Jesuit C. Tausend Professor of Law at SU, said of “The Modern Corporation and Private mentality of helping others,” she said. “I when he first met Testy, he realized she had Property.” was privileged to spend a lot of time in extraordinary talent and aptitude. “Kellye’s South America and got an inside view of performance in the classroom far exceeded The center hosted a conference, In the how many people live. Seeing that kind of that of her classmates,” Footsteps of Berle, on Nov. 6-8, to cel- poverty and realizing how blessed I was, it ebrate Berle’s legacy and look toward the didn’t feel right to me to not do anything.” continued on page 10

 continued from page  law,” she said. “People tend to think of law fession and works to increase the number said Skover. Reflecting on the advantages as a guy in a courtroom arguing. What’s of people of color who wish to become teaching in the Seattle metropolitan area often missing are the stories about why lawyers. This work starts with students would have, he told Testy: “Kiddo, I’ve got research or the rule of law is so important when they are in grade school and ends to get you out of here.” Skover returned to to society.” when they pass the bar. More informa- Seattle and stayed in touch. When a faculty tion about the Council and the initiatives position opened in SU’s law school, Skover Among her first-year priorities are finding it supports may be found on the Council’s asked her to apply. and telling the stories about the UW’s law website: www.abanet.org/op/councilondi- school. She also believes that the school’s versity/. Gonzaga University School of Law Testy was at a point where she was looking vital role in the state of Washington Assistant Dean of Students John Sklut has at several different paths. She had clerked is underappreciated. “The amount of served as a member of this council since for Judge Jesse E. Eschbach, U.S. Court public service this law school generates— being appointed in September 2008. of Appeals for the Seventh Circuit. Her between the work of its faculty, its law position at Kirkland & Ellis in Chicago, an clinics, its students, and its alumni — is In an effort to promote statewide plan- international renowned corporate and tax immense. Our task is to make the whole ning and collaboration, Gonzaga Law law firm, could lead to a promising career. more than a sum of its parts, to unify the School worked with Chach Duarte White, She had been offered, and was on the verge law school around a common thread, then the WSBA Diversity Programs Manager, of accepting, a faculty position with a pub- communicate that to the entire world,” she to organize a business meeting of repre- lic university in the Midwest. But, in the said, listing some of the UW law school’s sentatives from many of the Washington end, it was the charm of Seattle that sealed strengths: Asian law, tax, global health, State Minority Bar Associations and other her fate. She woke up the morning of her public service, Indian law, and law, tech- entities involved with diversity efforts. SU interview to foghorns and walked nology and the arts. This meeting was held simultaneously down to Pike Place Market. “Indiana is a with the ACD business meeting and at long way from any mountains or oceans. The other priority for Testy is the inte- the conclusion of each of the meetings a I absolutely fell in love with this city. I gration of curriculum, so it provides joint working session was held to discuss haven’t been a bit sorry I came.” law students with a sensible progression ways to assist each other in accomplishing during their legal education. “Theoretical, mutual goals. At SU, Testy moved quickly up the aca- doctrinal, and skills courses need to be demic career ladder. She was tenured in sequenced in a way that makes sense for a The visit by the ACD was incorporated six years, installed as the Patricia Wismer student’s professional development. Law into Gonzaga Law School’s annual Professor of Law and promoted to associ- schools across the country are doing better “Building Bridges” week. This week is ate dean in less than 10. Testy was hired as in adding skills courses, and the UW is dedicated to discussion and education the Dean of SU’s law school in 2005 and is way ahead of the curve, but there is still a around the many facets of diversity within widely credited for significantly increasing lot we can do. If we focus on building qual- the law and the legal profession. The week’s the school’s reputation, not just locally, but ity programs and excellence throughout keynote address was delivered by Ruthe across the nation. Academics look to her the school the rest, including reputation Ashley, Chairperson of the ACD. The as a resource and guide for legal education. and resources, will take care of itself.” speech was followed by an evening recep- The bar recognizes Testy’s many accom- tion in downtown Spokane for ACD mem- plishments. Members of the bench respect Its clear great things will come with Testy bers, law students, the Spokane County her leadership and national reputation. at the helm of the law school. Skover, who Bar Association’s Young Lawyers Division, readily admits he’s an “unabashed Kellye and other guests. That’s probably why joining the UW Testy fan” says here’s what UW can expect appeals to Testy, adding another chapter from her: fairness, integrity, respect of all, The highlight of the week occurred on of challenges and exciting opportunities and high standards and expectations. “If Friday, October 9, when Gonzaga Law to her professional biography. “The UW you trust her ability to lead and you listen School played host to 75 high school is wonderful. It is very much a culture of carefully to her insights and assessments, students participating in the “Color of discovery, innovation, and entrepreneurial the school will be much stronger for hav- Justice” law day. Partners in this event activity and I love all of those things,” said ing had her as a Dean.” included the GEAR UP college prepara- Testy. “That’s what’s great about being part tory program, the Washington Gender of a great research university.” Gonzaga School of Law and Justice Commission, the Washington On October 8–10th Gonzaga Law School Minority and Justice Commission, and A big research university does have its hosted the fall business meeting of the the law firm of Perkins Coie. The high challenges, Testy points out, as does legal American Bar Association Presidential school students, the 25 volunteer attorneys education. “When you first hear the word Advisory Council on Diversity in the (including members of the ACD), and the ‘research’, you envision a scientist in a lab Profession (ACD). The ACD offers pro- volunteer law students were welcomed by with a microscope saying, ‘Aha!’ But there’s grams and services to improve diversity Washington State Supreme Court Justice so much more to it than that, just like in among those on the path to the legal pro- continued on page 11

10 Washington Chapter FOCUS 4Q09 continued from page 10 Washington State Supreme Court Justice Carl J. Maxey Diversity Scholarship to two Debra Stephens and treated to an inspir- Susan Owens, Washington State Appeals Gonzaga Law students, who are com- ing talk by Federal District Court Judge Court Judge Ken Kato (ret.), and Spokane mitted to promoting diversity within the Richard Jones. The remainder of the day County Superior Court Judge Linda Spokane community. This annual scholar- involved the students preparing for, and Tomkins. ship is generously awarded by the Spokane conducting, four simultaneous mock County Bar Association Diversity Section. trials, which were heard by Judge Jones, The “Color of Justice” event was followed by an evening reception to present the

Diversity Scholarship Updates

Established in 2005, the chapter began 2006–07 Hozaifa Y. Cassubhai 2007–08 Matthew Sullivan awarding the “Washington Chapter of Hozaifa is an associate with Davis Wright Matthew graduated summa cum laude the Association of Corporate Counsel Tremaine LLP. He graduated magna cum from Seattle University School of Law in Diversity Scholarship.” Each year, the laude from Seattle University School of 2008. Research and Technical Editor of scholarship is awarded to one individual Law, where he was Note and Comment Law Review, he was also a King County from each law school with diverse or Editor of Law Review. A member of Bar Foundation Scholar and a member of ethnic background that demonstrates the Moot Court Board, he was also a the Order of the Scribes. A graduate of the outstanding academic performance and member of the Order of the Barristers, College of William and Mary, Matthew an interest in corporate and business law. a King County Bar Foundation Scholar, completed a legal externship with the WACC hopes to include updates on each a Faculty Scholar and student gradua- Honorable James Robart, U.S. District recipient of the Scholarship. tion speaker. Hozaifa maintains a diverse Court, Seattle and also worked as a para- litigation practice and remains active in legal for Jeffrey Steinborn PLLC, Seattle. This newsletter, we are proud to update several organizations including the King Matt handles a range of complex legal WACC members on the scholarship recipi- County Bar Association and the South issues at Davis Wright Tremaine LLP. ents from Seattle University School of Law: Asian Bar Association of Washington. Co-president of the board of directors 2008–09 Jennifer Smith 2005–06 Catherine L. Vuong of the International District Housing A 2009 magna cum laude graduate of A 2006 cum laude graduate of Seattle Alliance and active in the William L. Seattle University School of Law, Jennifer University School of Law and Note and Dwyer Inn of Court, he was a paralegal for was Editor-in-Chief of Law Review. Comment Editor of Seattle University Law a Washington, D.C. law firm and associate Currently preparing for the bar exam, she Review, Catherine is currently an associate producer of CourtTV before enrolling in will start work at Lane Powell PC in the at Helsell Fetterman LLP in Seattle. Her law school. Hozaifa received his B.A. from fall, where she worked as a summer associ- areas of practice include business and real Boston College. He is fluent in Arabic and ate in 2008. During law school, Jennifer estate transactions, commercial disputes also speaks Urdu and Gujarati. also served as the Latina/o Bar Liaison to and class actions. Catherine is a member the Latina/o Student Association. Jennifer of the Washington State Bar Association, received her undergraduate degree from Asian Bar Association of Washington, and Gonzaga University. Vietnamese American Bar Association of Washington. She received her under- graduate degree from the University of Washington, where she majored in busi- ness administration.

Chapter Announcements

Membership Committee Thanks! and immediate past president Peter Needs You! As Susan mentioned in her Presidents Marchel. Thank you to all three of you for If you are looking for an opportunity to Letter, the board of the WACC would like all the work you have put in to our chapter meet more of your colleagues and become to express its gratitude to three of our over the years. Peter will continue to serve more involved in our chapter, please join board members who are transitioning off as the head of the programs chair. the membership committee. No experi- the board: Mike Anderson, Rick Gordon, ence required! Contact Karen Klein, mem- bership committee chair, at: [email protected]. continued on page 12

11 Board Members and Contacts continued from page 11 Welcome! President & Treasurer WACC is proud to welcome our four new Board Members! We are thrilled Susan Ephron to have them as part of our team. Safeco Corporate Legal 206.473.5835 Al John: [email protected] Al John is a Seattle native. He is a graduate of the University of Washington and Stanford University Immediate Past President Law School. After a U.S. District Court clerkship and Peter Marchel Crump Services, Inc. a few years in private practice, he joined the Boeing 425.488.5054 Law Department in 1979. He supports the commer- [email protected] cial airplane operations at Boeing, and principally practices in the areas of administrative/regulatory Vice President & Secretary law, product liability and antitrust. He enjoys travel, Heather Deranek reading and taking advantage of the cultural and out- OnRequest Images, Inc. door opportunities available in the Pacific Northwest. 206.774.1491 [email protected] Brad Toney: Brad Toney is vice president, corporate counsel at Board of Directors Classmates Media Corp., where he is responsible Johann F. Thaheld for managing the legal affairs of Classmates.com 360.301.0445 and its international subsidiaries, which provide [email protected] social networking services, as well as MyPoints.com, Karen Klein an online loyalty rewards program. He previously Silver Planet, LLC worked as vice president of employee relations and 206.498.4594 general counsel for Pro Air, Inc., a commercial pas- [email protected] senger airline, and as Assistant Counsel for Midcom Al John Communications, Inc., a telecommunications service The Boeing Company provider. Brad received his BA from the University of Puget Sound and his 425.342.5705 J.D., cum laude, from Willamette University College of Law. [email protected] Michelle Marchant: Brad Toney Classmates Media Corp. Michelle Marchant is senior employment counsel at Hewlett-Packard 206.301.4877 Company. After graduating from UC Berkeley, Michelle attended Boston [email protected] University Law School and began her legal career at a large San Francisco law firm before joining HP in 1989. She moved from the bay area to Seattle Michelle Marchant in 1995 and lives on Capitol Hill with her husband and two daughters. Hewlett-Packard Company 206.329.4796 When she’s not working, Michelle likes to play tennis, kayak, and hang out [email protected] with her family.

Skip Volkle Mark Maroon: Marine Resources Group, Inc. Mark Maroon has been a director, corporate counsel 206.332.7990 [email protected] with Starbucks Coffee Company since 2006. Prior to that he was senior corporate counsel for Circuit City Mark Maroon Stores, Sunglass Hut and an entertainment company Starbucks Coffee Company in Miami, Florida, where he also served on the board 206.318.9313 of directors for the South Florida ACC chapter. He [email protected] graduated from the University of Miami School of Law in 1988. He lives in West Seattle with his wife, Chapter Administrator two sons (9 and 12 years-old) and dog. He enjoys Lynda Jonas Legal Ease, LLC hiking, traveling and playing sports with his family. 425.822.1157 [email protected]

12 Washington Chapter FOCUS 4Q09