The Florida Bar Out-of-State Division State-to-State flabaroutofstaters.org Summer 2014 IN THIS ISSUE: Trademark rights and your bottom line Chapter 15 of the Bankruptcy Code: No need to panic; it’s available to you Carbon capture and the Information Quality Act Complexities of life insurance policy valuation Out-of-State Division Executive Council I N T H I S I S S U E : Officers President’s message: Wrapping up the year as president ...................... 3 President Donald A. Workman, Washington, D.C. Trademark rights and your bottom line ..................................................... 4 President-Elect Florida Bar Out-of-State Division President’s Goal and Objectives for Timothy P. Chinaris, Montgomery, Ala. 2013-2014 .............................................................................................. 4 Treasurer Chapter 15 of the Bankruptcy Code: No need to panic; Christopher C. Marquardt, Atlanta, Ga. it’s available to you ................................................................................. 7 Secretary Carbon capture and the Information Quality Act ..................................... 10 John C. Voorn, Palos Heights, Ill. Complexities of life insurance policy valuation ....................................... 13 Immediate Past President Donald A. Workman, Washington, D.C. Division News: 2014 Report of Nominating Committee .......................... 18 Your opportunity to be involved - Committees seek members .............. 19 At-Large Members Out-of-state members of YLD board elected .......................................... 19 Scott Edward Atwood, Atlanta, Ga. W. Bard Brockman, Atlanta, Ga. Burgoon, Comisky reelected to Board of Governors .............................. 19 Larry Kunin, Atlanta, Ga. Mark your calendar! ................................................................................ 19 D. Pearson Beardsley, Atlanta, Ga. E. Duffy Myrtetus, Richmond, Va. Board of Governors’ update ................................................................... 20 William A. Lee III, Waterville, Me. Editor’s Corner: Your Out-of-State Division wants to help grow your practice ........................................................................ 22 Board of Governors Members Brian D. Burgoon, Atlanta, Ga. Contributing authors ............................................................................... 23 Ian M. Comisky, Philadelphia, Pa. Eric L. Meeks, Cincinnati, Ohio Richard A. Tanner, Upper Montclair, N.J. Membership & Long-Range Planning Chair Mindi Wells, Columbus, Ohio Communication Co-Chairs Tiffany McKenzie, Atlanta, Ga. Mindi Wells, Columbus, Ohio State-to-State Newsletter Editor Donald A. Workman, Washington, D.C. State-to-State Newsletter Associate Editor Matthew L. Kahl, Sandy Springs, Ga. COVER: Board of Governors Liaison THE NEW JERSEY STATE HOUSE Eric L. Meeks, Cincinnati, Ohio Photo credit: Wikipedia Legislative Chair The New Jersey State House is located in Trenton and is the capitol building for the U.S. state E. Duffy Myrtetus, Richmond, Va. of New Jersey. Built in 1790, it is the second-oldest state house in continuous legislative use in the United States; only the Maryland State Capitol in Annapolis is older. The building is cur- Young Lawyers Representative rently home to both chambers of the New Jersey Legislature (the New Jersey Senate and the Leslie Utiger, Dallas, Tex. New Jersey General Assembly), as well as offices for the governor of New Jersey, lieutenant governor of New Jersey and several state government departments. 05/14 flabaroutofstaters.org 2 State-to-State — Summer 2014 President’s message Wrapping up the year as president Colleagues: Recent NLRB Enforcement Activity out-of-state Bar members, a circulation Well, this will in Non-Union Workplaces by webcast. of well over 13,000 lawyers. Please be my last column In March, we presented a CLE course note the advertisers in this edition. as president of the co-hosted with the Young Lawyers We encourage you to support these Out-of-State Di- Division. It was entitled The Fourth companies, even if you just reach out vision. We’ve had Amendment: What Can Be Found on and thank them. We welcome you to some great accom- Cell Phones With Ethics Update. Ian submit articles, and we will strive to plishments I’d like Comisky, one of our executive council publish them all. We also include a to share. It’s been members and governor, chaired the description of you and your practice. a privilege to serve panel, which featured William Ridg- D. WORKMAN There’s no secret—we want to help you as president for two way, assistant U.S. attorney for the get out the word about you. So, send us years and to work with a great and tal- Northern District of Illinois, and Gina your articles! ented group of attorneys. Your officers Spada, member of the International Webpage: The OOSD Information work diligently to serve our members. Association of Privacy Professionals. Committee has been working to up- We conducted another successful In April, we featured Dena Kessler date and improve the division’s web- reception, this time in Nashville, Tenn., from BakerHostetler, who presented on April 3. We co-hosted with the Young Bankruptcy: Navigating the Auto- page. You can access the State-to-State, Lawyers Division in conjunction with matic Stay, Discharge, Preference CLE, ethics programs and a variety of their out-of-state meeting. These gath- and More. Next up was a web CLE information. We continue to look for erings are open to Florida Bar mem- that I presented, entitled Attorney’s improvements. Please let Mindi Wells bers, and we invite you to join the OOS Fees in Bankruptcy: Fee Applications, or Tiffany McKenzie know any ideas Division to participate in the benefits Disclosure Requirements and More. or suggestions. We’d love to have your of membership. Both the April and May CLEs were help, so please contact us. We continue to make progress on The co-hosted with the YLD. Speaking of your input, you’ll see the Florida Bar Out-of-State President’s As you can see, we’re striving to contact information of the officers and Goal and Objectives for 2013-2014. offer more CLE opportunities for executive council members in this edi- You can find them on page 4. I describe our membership. The webinars are tion. We are here to serve you. We want these as a “checklist” for what we need available to members with access your thoughts on how we can seize op- to accomplish, and they also will serve to the OOS Division website (www. portunities to better serve out-of-state as a grading system on my perfor- flabaroutofstaters.org). We’re enthu- lawyers. We want to help your practice mance and what we accomplished dur- siastic about expanding our offerings and help you do your job. ing my presidency. and would value your input. We will be guided in all we do by Here’s an update on where we are Long-range planning and by- our promise to you in accord with the so far on some of our objectives for laws review: We organized a special OOSD bylaws “to assist out-of-state this year: committee to ensure that our bylaws lawyers: in administrative, educational Annual meeting: We are eagerly reflect the current needs of our mem- and practice development issues; with planning events in conjunction with bers. We also continue to evaluate the pro bono activities; in relocating to The Florida Bar Annual Convention, division’s long-range plan so that we Florida; and in establishing a network which is scheduled to take place at enhance value to out-of-state lawyers of out-of-state members.” That’s a big the Gaylord on June 25-28, 2014, in and encourage their participation as promise; we could use your help. Please Orlando. We will conduct the annual members. join us in this very worthwhile pursuit meeting of the OOS Division, during Diversity: We actively encouraged to make this a great year of opportuni- which the officers will be sworn into women, minorities and diverse groups office by the president of The Florida to participate and join. Such an ef- ties and to finish strong! Bar. fort is a top priority with Florida Bar Thank you for the opportunity to Continuing legal education: President Eugene Pettis, as it is for me. serve. Many thanks to the OOSD of- The division continues to focus on We also focus on increasing geographic ficers and council members who have increased webcast continuing legal diversity. The Long-Range Planning been so supportive. I also want to thank education seminars. In December, Committee will continue to address Susan Trainor and Matt Kahl for their OOSD President-Elect Tim Chinaris this topic, and we would value your editorial assistance on the State-to- presented Ethics in an Age of Tech- input and participation. State. And thanks to our administrator, nology for an hour of ethics credit. In OOSD publication: The State- Willie Mae Shepherd, for all she does to February, Christopher Marquardt, to-State continues to provide great keep the division functioning. treasurer of the Out-of-State Division, outreach and substantive articles. We Best wishes to Tim Chinaris, our presented Non-Traditional Labor: send each edition electronically to all incoming president. flabaroutofstaters.org 3 State-to-State — Summer 2014 Trademark rights and your bottom line by Kimra Major-Morris Copyrights, trade- right to use the mark nationwide inventor of: 1) a new process; 2) a ma- marks and patents on or in connection with the goods/ chine; 3) an article of manufacture; 4) a are the three areas services listed in the registration; composition of matter; and to inventors covered by intellec- • The ability to bring an action con- who create 5) improvements to any of tual property (IP) cerning the mark in federal court; the aforementioned. Patent rights allow laws. Distinguishing patent owners to control the use, sale, between these areas • The use of the U.S. registration as a offering and importing of their inven- can be tricky. I once basis to obtain registration in foreign tions. Patents are applied for through overheard someone countries; the USPTO’s website. say, “That’s a catchy • The ability to record the U.S. regis- K. MAJOR-MORRIS phrase, and you Trademarks add value to your tration with the U.S.