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Virginia Lawyer April 2016 Virginia LawyerVOL. 64/NO. 6 • APRIL 2016 VIRGINIA LAWYER REGISTER The Official Publication of the Virginia State Bar Lawyers at Leisure — Barbara Williams International Practice The Redskins and Trademark Law The Rise of ADR Life, Long-Term Care, Health, Professional Liability VIRGINIA Disability & Fixed Annuities & Business Coverage BARRISTERS . Phone .............. 804-270-5128 Phone .............. 804-377-1012 ALLIANCE INC I N S U R A N C E A G E N C Y Toll-Free.......... 800-358-7987 Toll-Free.......... 844-370-9218 A s u b s i d i a r y o f T h e V i r g i n i a B a r A s s o c i a t i o n VBAI_2016_ad_8.5x10.875_4C.indd 1 1/21/2016 2:14:03 PM Virginia Lawyer The Official Publication of the Virginia State Bar April 2016 Volume 64/Number 6 Features GENERAL INTEREST Access to Legal Services 12 Horses and Sheep and the Law, Oh My! 38 New VSB Service to Provide Legal by Deirdre Norman Answers Anytime, Anywhere 14 A Rose By Any Other Name… by Pamela C. Gavin and Rina Van Orden Noteworthy 20 How ADR Has Changed the Practice of Law – VSB NEWS 41 Highlights of the February 27, 2016, or Has It? Join Our Dialogue 12 by Jeanne F. Franklin Virginia State Bar Council Meeting 41 Elizabeth K. Shoenfeld Named 22 Local Bar Associations and Others Educate, Assistant Bar Counsel Register Voters with So You’re 18 Brochure 41 Christine Corey Joins VSB as by Deirdre Norman Assistant Bar Counsel PEOPLE 42 42 Marion Toomey Baker 43 In Memoriam INTERNATIONAL PRACTICE 43 Local and Specialty Bar Elections 43 Call for Nominations 25 International Practice 43 Solo & Small-Firm by Melissa Stear Gorsline Practitioner Forum 44 Michael N. Herring Honored 26 The Trans-Pacific Partnership Provides New with the 2016 Harry L. Carrico Protections for United States Companies Professionalism Award Investing Abroad 45 Chief Justice Donald W. Lemons by Melissa S. Gorsline, Lindsay Reimschussel, Receives the Virginia State Bar and Tammi Pilgrim Leadership in Education Award 46 Carl J. Witmeyer II Honored 30 Exchanges of Personal Data between the for Lifetime Achievement in EU and the US: After the Safe Harbor Family Law by Jana C. Fuchs 34 US Wavers on Visa Waiver Program Departments by Satnam Singh and Jeffrey T. Talbert 25 24 Law Stories 51 CLE Calendar 56 Professional Notices 58 Classified Ads VIRGINIA LAWYER REGISTER 59 VSB 78th Annual Meeting Schedule 54 Disciplinary Proceedings 55 Awards Columns 55 Disciplinary Summaries 55 TECHSHOW 55 Notices To Members: 55 Free Legal Answers 8 President’s Message 10 Executive Director’s Message 55 Comments Sought on Proposed 55 Annual Meeting 47 Law Libraries Legal Ethics Opinion 55 Administrative Suspensions 48 Technology and the Practice of Law 55 Criminal Defense Seminar 49 Risk Management Barbara Williams at her farm in Purcellville. Photo by Deirdre Norman Virginia Lawyer Virginia State Bar The Official Publication of the Virginia State Bar 2015-16 OFFICERS 17th Circuit Edward L. Weiner, President Timothy B. Beason, Arlington http://www.vsb.org Michael W. Robinson, President-elect Raymond B. Benzinger, Arlington Kevin E. Martingayle, Immediate Past President John H. Crouch, Arlington Editor: Karen A. Gould, Executive Director and Chief Harry A. Dennis, III, Arlington Gordon Hickey Operating Officer Rachelle E. Hill, Arlington ([email protected]) EXECUTIVE COMMITTEE 18th Circuit Edward L. Weiner, Fairfax, President Barbara S. Anderson, Alexandria Assistant Editor and Advertising: Michael W. Robinson, Tysons Corner, Foster S. B. Friedman, Alexandria Deirdre Norman President-elect Carolyn M. Grimes, Alexandria ([email protected]) Kevin E. Martingayle, Virginia Beach, 19th Circuit Immediate Past President James F. Davis, Fairfax Graphic Design: Brian L. Buniva, Richmond Joyce M. Henry-Schargorodski, Fairfax Caryn B. Persinger Marni E. Byrum, Alexandria Chidi I. James, Fairfax Nancy C. Dickenson, Abingdon ([email protected]) Sean P. Kelly, Fairfax Leonard C. Heath, Jr., Newport News David L. Marks, Fairfax Michael HuYoung, Richmond Illustration and Ad Design: Gary H. Moliken, Fairfax Daniel L. Rosenthal, Richmond Jay B. Myerson, Reston Madonna G. Dersch Jack “JB” W. Burtch, Jr., Richmond, CLBA Chair ([email protected]) Luis A. Perez, Falls Church Providence E. Napoleon, Richmond, Diversity William Boyle Porter, Fairfax Conference Chair Dennis J. Quinn, Tysons Robert T. Vaughan, Jr., Danville, SLC Chair William L. Schmidt, Fairfax VIRGINIA LAWYER (USPS 660-120, ISSN 0899-9473) Nathan J. Olson, Fairfax, YLC President Melinda L. VanLowe, Fairfax is published six times a year by the Virginia State Bar, COUNCIL James A. Watson, II, Fairfax Michael M. York, Reston 1111 East Main Street, Suite 700, Richmond, Virginia 1st Circuit 20th Circuit 23219-0026; Telephone: (804) 775-0500. Subscription Nancy G. Parr, Chesapeake Christine H. Mougin-Boal, Leesburg Rates: $18.00 per year for non-members. This material 2nd Circuit T. Huntley Thorpe, III, Warrenton is presented with the understanding that the publisher Steven G. Owen, Virginia Beach Judith L. Rosenblatt, Virginia Beach 21st Circuit and the authors do not render any legal, accounting, Daniel M. Schieble, Virginia Beach Joan Ziglar, Martinsville or other professional service. It is intended for use by 3rd Circuit 22nd Circuit attorneys licensed to practice law in Virginia. Because of Nicholas D. Renninger, Portsmouth Lee H. Turpin, Chatham the rapidly changing nature of the law, information 4th Circuit 23rd Circuit contained in this publication may become outdated. As Ann B. Brogan, Norfolk Mark K. Cathey, Roanoke Eugene M. Elliott, Jr., Roanoke a result, an attorney using this material must always Gary A. Bryant, Norfolk Neil S. Lowenstein, Norfolk research original sources of authority and update 24th Circuit David B. Neumeyer, Lynchburg information to ensure accuracy when dealing with 5th Circuit Carl Phillips “Phil” Ferguson, Suffolk 25th Circuit a specific client’s legal matters. In no event will the 6th Circuit Roscoe B. Stephenson, III, Covington authors, the reviewers, or the publisher be liable for Peter D. Eliades, Hopewell 26th Circuit any direct, indirect, or consequential damages resulting 7th Circuit W. Andrew Harding, Harrisonburg from the use of this material. The views expressed herein Leonard C. Heath, Jr., Newport News 27th Circuit are not necessarily those of the Virginia State Bar. The 8th Circuit Richard L. Chidester, Pearisburg inclusion of an advertisement herein does not include Marqueta N. Tyson, Hampton 28th Circuit an endorsement by the Virginia State Bar of the goods 9th Circuit William M. Moffet, Abingdon or services of the advertiser, unless explicitly stated W. Hunter Old, Williamsburg 29th Circuit otherwise. Periodical postage paid at Richmond, 10th Circuit Joseph M. Bowen, Tazewell Virginia, and other offices. Charles H. Crowder, III, South Hill 30th Circuit 11th Circuit William E. Bradshaw, Big Stone Gap Dale W. Pittman, Petersburg 31st Circuit POSTMASTER: 12th Circuit Gifford R. Hampshire, Manassas Send address changes to Graham C. Daniels, Chester MEMBERS AT LARGE Marni E. Byrum, Alexandria VIRGINIA LAWYER 13th Circuit Paula S. Beran, Richmond Nancy C. Dickenson, Abingdon MEMBERSHIP DEPARTMENT Brian L. Buniva, Richmond Afshin Farashahi, Virginia Beach 1111 E MAIN ST STE 700 Dabney J. Carr, IV, Richmond William E. Glover, Fredericksburg Michael HuYoung, Richmond RICHMOND VA 23219-0026 Leah A. Darron, Richmond Christy E. Kiely, Richmond Beverly P. Leatherbury, Eastville George W. Marget, III, Richmond Todd A. Pilot, Alexandria Eric M. Page, Richmond Lorrie A. Sinclair, Leesburg A Benjamin Spencer, Charlottesville 14th Circuit Conference of Local Bar Associations Chair Jon A. Nichols, Jr., Glen Allen Jack “JB” W. Burtch, Jr., Richmond Daniel L. Rosenthal, Richmond Rhysa G. South, Henrico Diversity Conference Chair Providence E. Napoleon, Richmond 15th Circuit Virginia State Bar Staff Directory Jennifer L. Parrish, Fredericksburg Senior Lawyers Conference Chair Robert T. Vaughan, Jr., Danville Frequently requested bar contact 16th Circuit information is available online at James M. Hingeley, Jr., Charlottesville Young Lawyers Conference President R. Lee Livingston, Charlottesville Nathan J. Olson, Fairfax www.vsb.org/site/about/bar-staff. 4 VIRGINIA LAWYER | April 2016 | Vol. 64 www.vsb.org According to legend, an ostrich will shove its head in the sand when confronted with something unpleasant. I think you’ll agree - probably not the best approach. Employee benefits specialists dedicated to the needs of Virginia law firms. Are you ready for our changing health insurance environment? » Health insurance Robert Spicknall, CEBS, President » Term-life insurance P: 877.214.5239 » Disability insurance E: [email protected] » And more www.vsbmic.com VIRGINIA STATE BAR MEMBERS’ INSURANCE CENTER an affiliate of Digital Benefit Advisors endorsed by the Virginia State Bar VSBMIC_VALawAdBW_42013V1.indd 1 7/1/2013 8:35:42 AM ADVERTISEMENT The Education of Letters Joe Condo Send your letter to the editor to: He’s Practiced Matrimonial Law in Northern [email protected] or Virginia State Bar, Virginia for 40 Years. His Message Today? Virginia Lawyer Magazine, Divorce Can Bring Renewal 1111 E Main Ste 700, and Spiritual Growth. Richmond VA 23219-0026 ou’ll notice a paradox or two about Joe Condo. He can be Letters published in Virginia Lawyer may be edited for length and Y pugnacious - and genial. clarity and are subject to guidelines available at He can be hot-headed - and http://www.vsb.org/site/publications/valawyer/. remarkably sentimental. They’re all lifelong traits, he says, so it’s little surprise that Condo, after more than four decades as one of the region’s most suc- and political skill. He worked his cessful divorce lawyers, remains Up Next every bit a passionate practitioner. way to the top of the 23,000-mem- He began back in the 1970s, when ber Virginia State Bar, becoming the state’s divorce laws were its president in 2000. For a New Coming in the June issue of Virginia Lawyer: vastly different.
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