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Leadership and the LawLeadership Luncheon 2017
Former SLIP InternsYear of Yes Review
Ask the ACYL Past Presidents
Atlanta Bar AssociationPresidentJames D. Blitch IVBlitch Law PC
Vice President/President-Elect Margaret H. VathGeorgia State University College of Law
SecretaryNicole G. IannaroneGeorgia State University College of Law
TreasurerRyan K. Walsh Jones Day
Immediate PastPresidentHarold E. Franklin, Jr. King & Spalding LLP
ACYL PresidentMatthew SimmonsShepherd Law, LLC
Members at LargeM. Gino Brogdon, Jr.Brogdon Champion, LLC
Caren CloudTruancy Intervention Project Georgia
A. Craig ClelandOgletree, Deakins, Nash, Smoak & Stewart P.C.
W. Michael D’AntignacDeitch & Rogers, LLC
Joan C. GrafsteinJAMS
Jonathan E. HawkinsKrevolin & Horst LLC
C. Joseph HoffmanKitchens Kelley Gaynes, PC
Lisa K. LiangHon. Judge Susan E. Edlein, State Court of Fulton County
Stephen T. LaBriolaFellows LaBriola, LLP
Christopher P. LightnerAlston & Bird LLP
Gregory T. PresmanesBovis Kyle & Burch LLC
Rachel E. SpearsPro Bono Partnership of Atlanta
ABA DelegateRita A. Sheffey Emory University School of Law Legal CounselMarc A. RawlsSutherland LLP
Atlanta Bar Foundation PresidentMichael B. TerryBondurant, Mixson & Elmore, LLP
Gate City Bar Association PresidentCheryl F. Turner
ChairsHon. Diane E. Bessen Lisa K. Liang
AdvisorsJames D. Blitch IVHarold E. Franklin, Jr.
Student LiaisonsErik Provitt
Editorial BoardEnjoliqué AytchBen ByrdRichard CaplanJ. Wickliffe CauthornSam Crochet Michael L. GoldbergMegan HodgkissMichael JablonskiHamida Jackson-LittleChristopher P. LightnerBrian McEvoyJim McDonoughHon. Christopher J. McFaddenRachel L. PlattJacquelyn H. SaylorDawn SmithIan E. SmithMark Wortham
The Atlanta Lawyer (ISSN-04038428/UPS-018068)
is published by the Atlanta Bar Association, 400
International Tower, 229 Peachtree Street NE,
Atlanta GA 30303-1601. The Editorial Board of
The Atlanta Lawyer will consider all articles and
letters submitted for publication, however it
reserves the right to reject articles and letters
submitted. Articles are judged on importance
of topic, clarity, and timeliness. The Editorial
Board gives priority to articles promoting the
activities of the Association and its members.
The Board reserves the right to edit or rewrite an
article as a condition of publication.
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Publications and Communications at jgray@
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email corrections to Membership Coordinator
Volume 15, No. 6 | February 2017
ContentsLeadership Luncheon Honoring Hon. Herbert E. Phipps and Catherine M. O'Neil
Former SLIP Intern Darius Pattillo New Henry County Attorney GeneralBy S. Wade Malone
Former SLIP Intern Cynthia Adams Swearing InFirst SLIP graduate to become a Judge
NEWS & NOTES 8 Atticus Finch CLE 9 Pro Bono March Madness30 Election Timeline34 TIP35 Did You Know36 100% Club46 Gatherings
SECTION UPDATES37 Bankruptcy38 Environmental & Toxic Tort39 Litigation41 Public Interest Law42 Real Estate43 Tax Law44 Women in the Profession
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FEATURES COLUMNSPresident's MessageBy James D. Bl i tch IVSpring Happenings: Something for Everyone
Legal Minute By David P. Thatcher, Erika L. Leonard and Jeffrey J. CostolnickDepositions of Organizations Under Rule 30(b)(6)
ACYL SidebarBy Mat t S immonsAsk the ACYL Past Presidents about Leadership
Restaurant ReviewBy Sarah Siedentopf 5Church
Book ReviewBy Margaret "Ma x" Ruthenberg-Marsha l lShonda Rhimes' Year of Yes
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4 February 2017
SPRINGHAPPENINGS:SOMETHING FOR EVERYONE
Leadership LuncheonThe Atlanta Bar thanks those who attended our
Leadership Luncheon honoring Judge Hebert
Phipps and Cathy O’Neil on February 16. It was a
special day–many members of the judiciary were
present along with many Bard Show performers.
The Leadership Award is given to those who “in-
spire by their example, challenge by their deeds and
remind us all of our debt to the profession and our
community.” Both honorees are richly deserving of
this honor, and their remarks were meaningful and
memorable in many ways. You can find a recap of
the day on pages 10-17.
By James D. Blitch IVBlitch Law PC
PRESIDENT'S MESSAGE
The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER 5
I hope you can take part in one or more of the many
events the Atlanta Bar has coming up this spring.
Atticus Finch CLEThere is a special CLE program–“Atticus Finch: Who
was he? Who is he? Thoughts on an American Hero
and Local Politics”–that will take place on March 2
(6pm to 8pm) at Emory Law School. It will feature
Professor Joseph Crespino ( Jimmy Carter Professor
of History at Emory University), Joseph Beck (with
Kilpatrick Townsend), and Judge Richard Story, who
will give the closing argument as Atticus, a role he
has played in a local theatre production of “To Kill
A Mockingbird.” This program (one hour of profes-
sionalism CLE credit) opens with a wine and cheese
reception and promises to be an engaging evening.
Register for the Atticus Finch CLE here.
Pro Bono March MadnessIn March, our Pro Bono March Madness program
will host 17 CLE events. Take the time to look over
the varied programs listed on our website to see
which programs may be of interest you.
Casino NightIn April, we will host a social night for our members
with a Casino Night, to be held at 200 Peachtree.
All profits will benefit the Summer Law Internship
Program (SLIP) which is celebrating its 25th Anni-
versary this year. It will be a fun night–and all for a
good cause.
Bocce Ball League
And for something new and different, the Bar is roll-
ing out a Bocce Ball League! Signups and team for-
mation are here. The matches will be held at Empire
State South on Wednesday evenings.
Our annual meeting will close out the year and will
take place on May 23.
The Atlanta Bar offers many ways for you to stay
connected and develop professionally. Check our
website at atlantabar.org for more details on all of
these events and see how you can take advantage of
your membership. Looking forward to seeing you at
an Atlanta Bar event soon.
James D. Blitch IV
President, Atlanta Bar Association
CLICK TO SEE COMPLETE PROGRAM DESCRIPTION & HOW TO JOIN IN!
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The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER 7
ATLanta BAR association MEMBERSHIP BENEFITS
22
The Atlanta Bar Association is the largest voluntary bar in the southeast. Part of what makes our Bar so special is our expansive offerings of high quality, unique opportunities. We help you find your place, or even multiple destinations, with a robust community of sections, committees, service and pro bono groups.
Sections sponsoring a variety of independent & joint activities. Join one or many!
Receive a $75 coupon towards CLE courses & discounts at local retailers & industry service providers
Find out more at www.atlantabar.org
STAFF RESOURCE INFORMATIONAtlanta Bar Association229 Peachtree Street, Suite 400Atlanta, GA 30303404-521-0781 Executive DirectorTerri [email protected]
Assistant to the Executive DirectorMichelle [email protected]
Financial AdministratorMichele [email protected]
Membership CoordinatorMaria [email protected]
Sections DirectorKaren [email protected]
Continuing Legal Education [email protected]
Committee and Special Programs CoordinatorDenisha [email protected]
Registration and Program SupportKari DeLoach404-832-6229 [email protected]
Marketing and CommunicationsKristyn [email protected]
Publications and CommunicationsJodie [email protected]
Lawyer Referral & Information Service (LRIS) 404-521-0777
LRIS DirectorLucia [email protected]
LRIS Lead Client Relations RepresentativeDora [email protected]
LRIS Client RepresentativeStephenia Ford
LRIS Modest Means and Communications RepresentativeJoette [email protected]
LRIS Phone RepresentativeDiamond Nimene
LRIS Phone RepresentativeStefanie Aponte
8 February 2017
March 2, 2017
6:00 pm Wine and Dessert Reception7:00 pm Program Begins
Emory University School of Law 1301 Clifton Rd, NEAtlanta, GA 30322
[email protected] atlantabar.org/
General Admission: $10
CLE Credit: $20
Speakers:The Honorable Richard W. StoryJudge, United States District Court
Professor Joseph CrespinoEmory University, Jimmy Carter Professor Department of HistoryAuthor of forthcoming book on Atticus Finch
Joseph M. Beck, Esq.Kilpatrick TownsendAuthor: My Father and Atticus Finch (Norton)
When:
Time:
Where:
Contact:
Register:
ATTICUS FINCH: WHO WAS HE? WHO IS HE?
Thoughts on an American Hero and Local Politics
CLE EVENT1 Hour Professionalism Credit
The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER 9
GET IN THE GAME AND GET INVOLVED!Score CLE credit and discover new pro bono organizations
PRO BONOMARCH MADNESS
*Use of the registered trademark “MARCH MADNESS” has been granted courtesy of the NCAA.
JOIN US FOR 2017
SAVE THE DATESMarch 1, 8, 14, 15, 21, 22, 23, 30
For more information and to register, visit www.atlantabar.org
Wednesday, March 1, 2017 • Bankruptcy Reaffirmation Project Training, 2.0 CLE • The Ghost of Tech Flats: Renters’ Rights in a Changing City, 2.75 CLE
Wednesday, March 8, 2017 • Best Practices for Your Pro Bono Practice, 3.5 CLE • Guardian Litem 101, 5.25 CLE Tuesday, March 14, 2017 • Representing Survivors of Intimate Partner Violence in Civil Temporary Protective Order Hearings, 2.5 CLE
Wednesday, March 15, 2017 • Employment Law for Non-Profits: Classifying Workers Correctly, 3.75 CLE • Heirs Property Training, 2.85 CLE
Tuesday, March 21, 2017 • The Intersection of Housing & Domestic Violence, 2.75 CLE
Wednesday, March 22, 2017 • Advocacy in Adversary Proceeding, 3.0 CLE • Education Advocacy for Children with Special Needs, 3.5 CLE
Thursday, March 23, 2017 • Working with Georgia 501(c)3 Nonprofits, 3.0 CLE • Education Advocacy for Children in Care: Student Tribunal Hearing Training, 3.25 CLE • Immigration Remedies for Children & Families, 3.5 CLE • Advocating for the Truant Child, 3.0 CLE Thursday, March 30, 2017 • Asylum & Victims of Violence Training 1, 2 CLE • Asylum & Victims of Violence Training 2, 2.85 CLE
PRO BONO MARCH MADNESS LINEUP
Use your $75 CLE coupon & save!Due to space limitations, advance registration and payment are required. Pay-at-door registrations are not available for any session.
LEADERSHIP LUNCHEONHONORING HON. HERBERT E. PHIPPS AND CATHERINE M. O’NEIL
Court of Appeals Judge John Elling-ton, in introducing Judge Phipps, spoke about his role as a civil rights leader in his hometown of Albany, Georgia. During his career on the bench, Judge Phipps served on ev-ery level of Georgia’s courts, in-cluding magistrate, juvenile, state and superior. In his remarks, Judge Phipps recalled stories of racial in-
The Atlanta Bar Association recently honored with Leadership Awards newly retired Court of Appeals Judge Herbert E. Phipps and Bard Show founder Catherine (Cathy) M. O’Neil of King & Spalding. The luncheon took place on February 16, 2017 at the Piedmont Driving Club.
The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER 11
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justice that inspired him to become a lawyer. His remarks finished with a quiet call to action that led to a standing ovation.
Cathy O’Neil was introduced by her husband Justice David Nahmias who shared the history of her efforts to start the Bard Show back in 1998. O’Neil has since written, choreographed, and directed eight of the twelve all-lawyer musical theatre productions which have served as the Atlanta Bar Foundation’s biggest fundraiser. The luncheon included a rousing perfor-mance of “Somebody to Blame,” featuring soloists Courtney McBurney and Rick McMurtry, that was a crowd-pleasing number from A Courthouse Line XII: Mock the Vote, this year’s Bard Show. In her remarks, which also drew a standing ovation, O’Neil talked about the importance of professional associa-tions and friendships that the Bard Show cultivates.
The event was well attended by members of the At-lanta Bar and the judiciary. Also in attendance was the former Acting Attorney General of the United States, Sally Yates, a past recipient of a Leadership Award.
1 L-R: Honorable John J. Ellington (Presiding Judge, Court of Appeals of Georgia), Honorable Herbert E. Phipps (Retired Chief Judge, Court of Appeals of Georgia), and James D. Blitch IV (Atlanta Bar Associa-tion President).2 L-R: Connie Phipps, Honorable Herbert E. Phipps (Retired Chief Judge, Court of Appeals of Georgia), and Charles Phipps.3 L-R: Stephen Nahmias, Catherine M. O'Neil (King & Spalding), Honorable David E. Nahmias ( Justice, Supreme Court of Georgia), and Michael Nahmias.
12 February 2017
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The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER 13
4 L-R: Honorable Britt C. Grant ( Justice, Supreme Court of Georgia), Honorable P. Harris Hines (Chief Justice, Supreme Court of Georgia), Honorable Carol W. Hunstein ( Justice, Supreme Court of Georgia).5 L-R: Sally Yates (Former Acting United States At-torney General) and James D. Blitch IV (Atlanta Bar Association President).6 L-R seated: Jeff Davis (State Bar of Georgia Execu-tive Director), Terri D. Bryant (Atlanta Bar Associa-tion Executive Director), and Kevin C. Wilson (Staff Attorney, Supreme Court of Georgia).Standing: Harold E. Franklin, Jr. (Atlanta Bar Associa-tion Past President 2015). 7 L-R: Honorable Christopher J. McFadden (Pre-siding Judge, Georgia Court of Appeals) and Honor-able Richard W. Story (United States District Court, Northern District of Georgia).
8 L-R: Julie A. Wood (Blitch Law PC) and Honorable Michael Malihi (Chief Judge, Georgia Office of State Administrative Hearings).9 L-R: Honorable Herbert E. Phipps (Retired Chief Judge, Court of Appeals of Georgia), Valeri McBride (Court of Appeals), and Stephany Luttrell (Court of Appeals). 10 L-R: Honorable Elizabeth L. Branch (Court of Ap-peals of Georgia), Honorable Diane E. Bessen (Chief Judge, State Court of Fulton County), and Honorable Stephen Louis A. Dillard (Presiding Judge, Court of Appeals of Georgia).11 Standing for the National Anthem.12 L-R: Colby Bouchillon (Extern, Fulton County Office of the Child Attorney) and Robert G. Wellon (Atlanta Bar Association Past President 1986).
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The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER 15
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1913 Honorable David E. Nahmias ( Justice, Supreme Court of Georgia).14 L-R: Catherine M. O'Neil (Former United States Attorney General) and Margaret H. Vath (Atlanta Bar Association Vice President).15 L-R: Honorable JaDawnya C. Butler (Atlanta Mu-nicipal Court), and Lynn Johnson (Court of Appeals).16 L-R: Marty Ellin (Executive Director, Atlanta Vol-unteer Lawyers Foundation), Joan Grafstein ( JAMS), and Seth Kirschenbaum (Atlanta Bar Association Past President 2001).
17 L-R: Andy Pratt (King & Spalding), Pat Brumbaugh (King & Spalding), David E. Meadows (King & Spald-ing), James Scott McClain (Delta Air Lines), Jon-Peter Kelly (Delta Air Lines), L. Joseph Loveland (King & Spalding), and Steve Cummings (King & Spalding). 18 Partial cast from the Bard Show, A Courthouse Line XII: Mock the Vote.19 Partial Cast from the Bard Show A Courthouse Line XII: Mock the Vote performing "Someone to Blame."
16 February 2017
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The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER 17
20 Bobby Woo (King & Spalding), Honorable Car-la McMillian (Court of Appeals of Georgia), John Chandler (King & Spalding), and Beth Tanis (King & Spalding).21 Seth D. Kirschenbaum (Atlanta Bar Association Past President 2001), David N. Schaeffer (Atlanta Bar Association Past President 2009), Michael B. Terry (Atlanta Bar Association Past President 2010) and Paula J. Frederick (Atlanta Bar Association Past President 1999).22 Stephanie Bonner-Wiggins, Rick Deane ( Jones Day), Avarita L. Hanson (Chief Justice's Commission on Professionalism), William B. Hill, Jr. (Polsinelli),
Dawn M. Jones (The Firm of Dawn M. Jones), and Jamila Hall ( Jones Day).23 Megan T. Hodgkiss (Hodgkiss Consulting LLC), Brandy N. Hughes (FiberLight LLC), Sarah E. Sie-dentopf (The Law Offices of Sarah Siedentopf, LLC) and Meredith J. Carter (M. Carter Law LLC).24 Donald F. Samuel (Garland, Samuel & Loeb) and Byung J. Pak (Chalmers Pak Burch & Adams LLC).
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When:
Where:
Contact:
Register:
March 21, 2017 8:00 am to 3:00 pm
Dentons US LLP303 Peachtree St. NE #5300Atlanta, Georgia 30308
[email protected] atlantabar.orgRegister by March 7, 2017 and receive a $25 discount!
Morning Session:The 2017 Ethy Awards Speaker:Sean Carter, Humorist at Law
Afternoon Session: Yelp, I’ve Fallen Into Social Media and I Can’t LinkedOutSpeaker:Sean Carter, Humorist at Law
6 CLE hours total/3 per session, including 2 Ethics hours and 3 Professionalism hoursEach year, Hollywood celebrates the best performances in motion pictures at the Oscars. Well, in this movie-themed program, we note the worst ethics and profes-sionalism violations in the legal profession at the Ethys. Humorist Sean Carter will host the festivi-ties and announce the nominees and “winners” of each Ethy and in the process of recapping some of the most egregious instances of unethical behavior, he will demonstrate how the rest of us can avoid more common ethical violations.
March 22, 2017 9:30 am to 11:30 am
Arnall Golden Gregory LLP171 17th Street NW, Suite 2100Atlanta, Georgia 30303
[email protected] atlantabar.orgRegister by March 1, 2017 and receive a $20 discount!
Moderator: Gardner Culpepper
Faculty:Hon. Thomas W. Thrash Jr., US District Court NDGA
Hon. Leigh Martin May, US District Court NDGA
Mr. Robert Leonard Rothman, Arnall Golden Gregory LLP
When:
Where:
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Register:
LINCOLN ON PROFESSIONALISMCLE EVENT 2 CLE hours, including 2 professionalism and 2 trial practice
Using an engaging documentary-style format (think Ken Burns), Lincoln’s exemplary qualities of legal and personal professionalism come to life—the qualities he demonstrated day in and day out in his law practice.
Casino NightSAVE THE DATE
ATLANTA BAR ASSOCIATION
PROCEEDS BENEFIT THE ATLANTA BAR SUMMER LAW INTERNSHIP PROGRAM (SLIP)
Visit www.atlantabar.org for more details
THURSDAY, APRIL 13, 2017 200 PEACHTREE6:30 pm to 9:30 pm
20 February 2017
[Editor’s note: On November 8, 2016, Darius Pattillo was elected to be the District Attorney of Henry County. He took office in January. Darius interned in the first three summers of the Atlanta Bar Association Summer Law Intern-ship Program for High School Students (1993-1995). Darius, a 1995 gradu-ate of Atlanta’s Therrell High School, received his undergraduate and law degrees from the University of Geor-gia. After graduating from UGA Law, Darius served as an Assistant District Attorney in DeKalb County for thirteen years. During that time Darius was a regular host and mentor to Atlanta Bar Summer Law Interns.]
On behalf of the Malone Family, my wife Kelly and children Maryellen, Kellyann and Sam who are all here with me tonight, I am grateful to be able to say a few words on this momentous occasion.
Darius, congratulations on your election to become the District At-torney of Henry County. I know you are going to do a terrific job.
I want to also congratulate Keisha, Darius' lovely wife, and Darius' par-ents Carol and Virgil. Everyone here
tonight shares in the pride you feel.
When Darius was elected, a friend asked me how I was feeling and my reply was simple: “Darius' dream came true and so did mine.” But as everybody knows there is a lot of blood, sweat and tears between a dream and its reality.
I met Darius 24 years ago this April. Darius had applied to intern in 1993 in the first class of the Atlanta Bar Association Summer Law Internship Program. I can draw a straight line from the first time I met Darius to this special night when Darius is be-ing sworn in as the District Attorney of Henry County.
Darius was the first 3 time Intern we had in the Intern Program. One of those summers, 1994, Darius in-terned with my law firm. At the time Darius probably cursed his luck as my Firm was located near the Gal-leria in Cobb County and to get to his internship he had to ride 2 buses and take the Marta train. Darius was never late, not once.
I had a great time working with Darius that summer. He was hard
working, smart, focused and with an easy manner. We spent a lot of time together going to Court, hav-ing lunch, and taking in sporting events. Darius expressed his dream of becoming a lawyer and I told him “You can do it but don’t plan on it being easy. Please know I will be with you every step of the way.”
Darius showed his talent early on as a member of two Mock Trial Region Championship teams at Therrell. I am telling you these teams were for-midable, especially our 1995 team. Our 1995 team was coached by cur-rent United States Deputy Attorney General Sally Yates, Gwen Keyes Fleming (who would become DA of DeKalb County), Fulton County Deputy DA Ron Dixon, former As-sistant US Attorney David Nutter and our pied piper Comer Yates. Darius and his Therrell teammates were all in and so were the coaches. At one point the 1995 Therrell Mock Trial Team practiced 27 straight days (not weekdays mind you, consecu-tive days). We had so much fun and enjoy incredible memories. Four members of our 1995 team went on to become attorneys. Darius was a leader of that 1995 team which de-
Remarks Given by Wade Malone in honor of the Investiture of Darius Pattillo as District Attorney of Henry County on January 12, 2017
The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER 21
feated Paideia in the Region Finals and finished third in the State.
Darius then went on to UGA where he was a strong student. During one summer in college Darius in-terned with Senator Max Cleland and learned so much about the way our government works. Darius also was able to observe the grace and dignity of Max Cleland.
When Darius was in town during his college days we often got together to catch up. One memorable August day we played one-on-one basket-ball under a broiling sun. My family is well aware that I was an outstand-ing athlete in my youth. Darius sur-prisingly is actually a pretty good athlete himself. It was so hot that day I started taking water breaks between dribbles. Darius is about 6'1", 165 lbs. I am … well, I am what I am. Darius had a pretty good crossover move that worked until I started tripping him. I had one move and one move only -the back down move. Darius will tell you he took it easy on me. I will tell you we were playing as hard as we could with no quarter given and none asked. But I digress....Those who know and love Darius were thrilled when Darius an-nounced he was applying to law school at UGA. Several of us were delighted to write letters of recom-mendation.
During law school at the University of Georgia, Darius was a member of three championship Moot Court teams, including Georgia's Intrastate Moot Court Championship Team. Bulldog Fans will be pleased to know that during his third year, Darius led UGA's Moot Court Team to vic-tory over Florida during the annual Georgia/Florida football weekend in Jacksonville, Florida.
May 18, 2002, the day Darius gradu-ated from law school, is a day I will always cherish. On the drive up and back to Athens I reflected on how much Darius had accomplished and the fact that he was achieving such an important milestone on the way to his goal of becoming a law-yer. Darius and his family beamed that day and for good reason as well they should. Another former Intern Cynthia Saintil Adams graduated that day from UGA Law School. I am delighted that Cynthia is on the short list for an appointment to be on the Douglas County Superior Court.
Darius and I practiced law together for the first six months of his career before he became a prosecutor in
the Dekalb County DA's office where he served with distinction under J. Tom Morgan, Jeff Brickman, Gwen Keyes Fleming, Javonne Hicks White and most recently Robert James.
Despite the demands of his pro-fession and having young children Darius has given back so much to his high school, community and profession by, for example, serving
as a Mock Trial Coach and Men-tor in the Summer Law Internship Program which gave him his start.
In the summer of 2015 my oldest daughter Maryellen interned with Darius as part of the Atlanta Bar As-sociation Summer Law Internship Program. I mentored Darius when he was in high school and Darius is now a mentor to my daughter as well as all of my children. Kelly and I are so very grateful for that.
It is fitting Darius is being sworn in only a few days before Dr. Mar-tin Luther King, Jr. Day. Dr. King was a hero of mine and delivered a quote that I try to live by: “It is always the right time to do the right thing.” Darius, the job you are taking
is a hard job that will involve many tough decisions. You will have mat-ters where one group will say “Lock him up and throw away the key!” while another faction will say “Let him go!” When you make those deci-sions be confident in your journey and your judgment.
Again Darius, congratulations. We are so proud of you. ▪
L-R: Wade Malone, Darius Pattillo and Comer Yates at a previous Summer Law Internship Program event.
22 February 2017
On February 13, 2017, in front of an overflow crowd of family, friends, Judges and elected officials, former Atlanta Bar Association Summer Law Intern Cynthia C. Adams was sworn in at the State Capitol by Gov-ernor Nathan Deal to be a Judge on the Douglas County Superior Court. Judge Adams took the bench the next day with a full civil motions calendar.
Judge Adams is the first former At-lanta Bar Association Summer Law Intern to be a Superior Court Judge.
Judge Adams, the youngest of eleven children, came to the United States at age 10 when her family moved to the United States from the Bahamas in hopes of greater opportunities. Her parents Saintilus and Padila instilled in Judge Adams at an early age the importance of hard work, education and faith. Judge Adams excelled in school including Ralph Bunche Middle School and D.M. Therrell H.S. in Southwest Atlanta
where she graduated from in 1995.
Judge Adams was selected to in-tern in 1993 in the first class of the Atlanta Bar Association Summer Law Internship Program for High School Students. The Atlanta Bar Association formed its Summer Law Internship Program to give students from Therrell High School meaningful summer opportunities in a rigorous, all in program. The Atlanta Bar Association designed the Summer Law Internship Program to achieve three goals:
(a) to provide a valuable work ex-perience;(b) to further the students' under-standing of the law; and(c) to provide a mentor relationship for the students.
The focus of the Internship Pro-gram is to teach the Interns the importance of hard work, confi-dentiality, professionalism, punctu-ality, attention to detail, and profes-
sional appearance. 2017 will mark the twenty-fifth straight year the Atlanta Bar Association will con-duct its Summer Law Internship Program.
A straight line can be drawn from that summer of 1993 when Judge Adams interned in the first Sum-mer Law Internship Program to the special day when she was sworn in as a Douglas County Superior Court Judge.
Judge Adams was a two time In-tern in the Atlanta Bar Association Summer Law Internship Program in 1993-1994 wherein she interned with Chilivis, Cochran both sum-mers. She did whatever was asked of her, no matter how mundane, with energy and enthusiasm. During her time with Chilivis Cochran, Judge Adams had the excellent fortune to work with and learn from some of Atlanta’s finest lawyers including Nick Chilivis, Gary Grindler, and Tony Cochran.
Superior Court Judge Cynthia Adams—Former Atlanta Bar Summer Law Intern Personifies the American Dream
The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER 23
To commemorate the first summer of the Summer Law Internship Pro-gram, the Atlanta Bar Association prepared a yearbook and requested each supervisor and Intern to pro-vide a remembrance. Gary Grindler observed the following about Judge Adams in 1993:
“Cynthia did an outstanding job this past summer at our firm. She was hard working, determined and enthusiastic. Working in a law firm can be an intimidating experience. Cynthia was determined to do a good job and followed through to make sure that she did so. She was not afraid to share her views on the matters she worked on and always demonstrated a high degree of self-confidence. Everyone at Chilivis & Grindler enjoyed having Cynthia at the firm this summer.”
After her internship in 1993, Judge Adams wrote the following as a then 16 year old:
“Working as a law intern this sum-mer has given me confidence that my dreams of being a lawyer will someday become a reality. With the help of my mentor and the many friends I have acquired over the summer, I have learned that work-ing hard is the key to success.”
As a teenager, Judge Adams began to master the formula one must travel to be a success: hard work + education + belief in oneself + op-portunity + support = dream ful-filled. Judge Adams would not have become a Superior Court Judge if she had not checked those boxes. But there is a lot of hard work, blood, sweat and tears between a dream and its reality.
After graduating from Therrell High School, Judge Adams did her un-dergraduate studies at Oakwood College in Huntsville, Alabama. She then undertook her legal studies at The University of Georgia School of Law, graduating May 18, 2002.
After law school, Judge Adams had an outstanding and varied career that included serving as a prosecu-tor in Dekalb County under District Attorney Gwen Keyes, serving as a
judge pro tempore in Juvenile Court and having her own firm.
As she progressed through her ca-reer, Judge Adams stayed in fre-quent touch with and sought the advice of her mentors including
Comer Yates, Natasha Silas and Wade Malone. They each would certainly say that Judge Adams did not need much mentoring as she traveled her legal path.
The cover of The Atlanta Lawyer June/July 2009 Issue. L-R: Nekia Hackworth Jones, Claude C. Davis II, Rhea Smith Johnson, Darius T. Pattillo, and Cynthia C. Adams.
24 February 2017
Judge Adams, age 40, is married to Dwayne Adams, a lawyer. They have two children, Isabella, age 9, and Alexander, age 4. Despite the demands of her profession and having two young children, Judge Adams has given back so much to her high school, community and profession by, for example, serving as a host in the Atlanta Bar Association Summer Law Internship Program which gave her a start on her legal career.
Judge Adams was delighted to be joined at her swearing in on February 13, 2017, by several fellow graduates of Therrell who also interned in the Atlanta Bar Association Summer Law Internship Program and then became attorneys: Claude Davis (Ther-rell’95); Rhea Smith Johnson (Therrell ’96); Nekia Hackworth Jones (Therrell ’95); and Darius Pattillo (Therrell ’95).
Judge Adams, the Atlanta Bar Association congratulates you on becoming a Judge on the Douglas County Superior Court! We are so very proud of you. ▪
1
2
31 Judge Cynthia Adams with her son Alexander before the swearing in.2 Judge Cynthia Adams with Atlanta Bar Association President James D. Blitch, IV.3 Governor Nathan Deal swears in Cynthia Adams as Judge on the Douglas County Superior Court with her husband Dwayne and daughter Isabella proudly looking on.
The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER 25
Name: ____________________________________
Firm: ______________________________________
Address: __________________________________
______________________ City: _______________
Zip: _____________ Phone: (____) ____________
Email: ______________________________________
Take Your Adversary to Lunch
Rules: Attorneys may submit up to five entries; one for each separate lunch attended during the month of February or early March 2017. One entry per lunch (not per adversary). Entries must be received by Monday, March 6, 2017. Incomplete or duplicate entries will be rejected. Email entries to [email protected], fax to (404.522.0269) or mail to Atlanta Bar Association, Attn: Karen English, 229 Peachtree Street, Suite 400, Atlanta, GA 30303.
The Litigation Section’s Annual Take Your Adversary to Lunch program will take place during the month of February 2017
Atlanta Bar Association members are encouraged to invite an adversary (or more than one) to lunch during the month of February and then enter for a drawing of two gift cards from the Buckhead Life Group Restaurants – one for the member and one for the member’s adversary. The drawing will take place at the Section’s breakfast meeting on March 10, 2017 at the Ansley Golf Club. The following will be awarded:
Atlanta Bar Member Information Adversary Information
Featherweight Prize: Two $100 Gift CardsLightweight Prize: Two $50 Gift Cards
Heavyweight Prize: Two $200 Gift CardsWelterweight Prize: Two $150 Gift Cards
Restaurant Name: ________________________________________ Date: _____ / _____ / 2017
Name: ____________________________________
Firm: ______________________________________
Address: __________________________________
______________________ City: _______________
Zip: _____________ Phone: (____) ____________
Email: ______________________________________
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26 February 2017
The Rule 30(b)(6)1 deposition au-thorizes a party to obtain testimony from an organization, as opposed to an individual. The Rule requires the organization to designate a person to serve as the organiza-tion’s voice on the noticed topics. The primary purposes of the Rule are to: (1) reduce difficulty in de-termining whether the deponent is a managing agent, (2) prevent “bandying” by corporations aris-ing from deponents’ disclaiming knowledge of facts clearly known to the corporation, and (3) protect the corporation by eliminating un-necessary depositions and allow-ing it to designate its own witness to speak on its behalf.2 Due to the unique nature of the proceeding and sometimes seemingly onerous preparation requirements, a Rule 30(b)(6) deposition can present cer-tain pitfalls for unwary counsel and corporate clients. For that reason, it is essential that each party under-stands their role and responsibili-ties in a Rule 30(b)(6) deposition,
1 Fed. R. Civ. P. 30(b)(6); see also, O.C.G.A. § 9-11-30(b)(6) (compa-rable Georgia law).2 Cates v. LTV Aerospace Corp., 480 F.2d 620, 623 (5th Cir. 1973).
which can prove critical to litigation strategy.
Ensuring Reasonable Particularity A party serving notice of a deposi-tion under Rule 30(b)(6) must “de-scribe with reasonable particular-ity” the topics on which testimony is sought.3 The “reasonable par-ticularity” requirement protects a corporation from the impossible task of educating a designee on ge-neric, imprecise or uncertain topics. Neither the organization’s attorney nor the designee should have any questions concerning the scope of the topic. If the attorney cannot articulate to the client what the re-quested topic’s testimony entails, or the time period to be addressed, then the topic’s description is likely insufficient. One of the first steps taken by the organization’s attorney should be to carefully evaluate the notice and object to topics that are vague, overly broad, or plainly ir-relevant. When a topic appears ob-jectionable, a corporation may not unilaterally abstain from providing a designee on a noticed topic with-out court approval. “[B]locking [of a
3 Fed. R. Civ. P. 30(b)(6).
topic through objections] except as to privilege must be pre-authorized by way of a motion for protective order” or ruling from the court.4
Selection and Preparation of DesigneeOnce the parties have established the topics for the Rule 30(b)(6) deposition, the corporation must produce one or more witnesses to testify about the corporation’s knowledge of each topic. The corporation “appears vicariously through that agent” and the desig-nee must not only be prepared to testify about facts, but must also be able to speak to the corporation’s position and opinions on issues in the lawsuit.5 The designee is not required to be the person most knowledgeable within the corpo-ration, or even to possess first-hand knowledge of the topic. Conversely, “the party seeking discovery is not entitled to insist on a specific person as the corporate representative.”6 Testimony in a 30(b)(6) deposi-tion represents the knowledge of the organization rather than the knowledge of an individual depo-nent. Therefore, multiple designees may be required to ensure that the
4 Coach, Inc. v. Hubert Keller, Inc., 911 F. Supp. 2d 1303, 1310 (S.D. Ga. 2012); Otero v. Vito, No. 5:04 CV 211 DF, 2006 WL 3535149, at *4 (M.D. Ga. Dec. 7, 2006).5 See generally, Goodyear Tire & Rubber Co. v. Great Sw. Express Co., No. CIV.A. 2:04-CV-69-WC, 2006 WL 587600, at *2 (N.D. Ga. Mar. 10, 2006); Otero, 2006 WL 3535149, at *4.6 Bayer Healthcare Pharm., Inc. v. River's Edge Pharm., LLC, No. 1:11-CV-01634-RLV, 2013 WL 11901530, at *3 (N.D. Ga. Apr. 26, 2013).
LEGAL MINUTE
Depositions of Organizations Under Rule 30(b)(6)David P. ThatcherOgletree, Deakins, Nash, Smoak & Stewart, [email protected]
Erika L. Leonard Ogletree, Deakins, Nash, Smoak & Stewart, [email protected]
Jeffrey J. [email protected] Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER 27
organization’s testimony is thor-ough and complete. In particular, separate witnesses may be necessary to address different business units or periods of time that may be at issue. The organization’s attorney should resist the temptation simply to select an individual who already possesses the most knowledge on each topic. A 30(b)(6) deposition is a rare opportunity to choose your fact witness, and due consideration should be given to the witness’s pre-sentation, demeanor and memory, and substantive knowledge on each topic and corporation knowledge beyond the noticed topics.
The corporation has a duty to thoroughly prepare and educate its designee on the topics, which may require interviewing other employees, and reviewing infor-mation, documents and even other testimony and exhibits in the liti-gation.7 Counsel should be closely involved to ensure that the designee is obtaining all reasonably necessary information to aid his or her prepa-ration. While Rule 30(b)(6) does not mandate “absolute perfection in preparation,” it does require “a good faith effort” to obtain the rel-evant facts and prepare the witness.8 “Preparing a designated corporate witness with only the self-serving
7 Fed. Deposit Ins. Corp. v. Hutchins, No. 1:11 CV 1622 AT, 2013 WL 12109446, at *3 (N.D. Ga. Oct. 25, 2013); see also, Peterson v. Aaron’s, Inc., No. 1:14-CV-1919-TWT, 2017 WL 385923, at *2 (N.D. Ga. Jan. 25, 2017). 8 Ajibade v. Wilcher, No. CV416-082, 2017 WL 119474, at *4 (S.D. Ga. Jan. 10, 2017) (quoting Wilson v. Lakner, 228 F.R.D. 524, 528 (D. Md. 2005)); see also, Peterson, 2017 WL 385923, at *2; Bayer Healthcare Pharm., Inc., 2013 WL 11901530, at *3.
half of the story that is the subject of his testimony is not an act of good faith.”9 Effect of Corporate Designee’s TestimonyThe importance of adequately pre-paring a corporate designee cannot be overstated. In this Circuit, the testimony of the designee is bind-ing on the corporation.10 Generally, a corporation cannot later proffer new or different testimony or asser-tions than those that were provided at the Rule 30(b)(6) deposition. The binding nature of Rule 30(b)(6) tes-timony, coupled with the duty to proffer the organization’s knowledge on a topic, creates a particularly troublesome result if the designee does not know the answer to ques-tions fairly within the scope of the deposition topics. Counsel may be obligated to prepare and produce additional witnesses to address the topics, unless the questions are so non-controversial that opposing counsel does not oppose correc-tions being made by an errata sheet.
Courts recognize that serving as a Rule 30(b)(6) designee may be an “onerous and burdensome task,” but view this consequence as “merely an obligation that flows from the privilege of using the corporate form to do business.” 11 Failure to satisfy these obligations could re-
9 Sciarretta v. Lincoln Nat. Life Ins. Co., 778 F.3d 1205, 1213 (11th Cir. 2015). 10 See, Strategic Decisions, LLC v. Martin Luther King, Jr. Ctr. for Nonviolent Soc. Change, Inc., No. 1:13-CV-2510-WSD, 2015 WL 2091714, at *6 (N.D. Ga. May 5, 2015); Otero, 2006 WL 3535149, at *4. 11 Hutchins, 2013 WL 12109446, at *6 (quoting QBE Ins. Corp., 277 F.R.D. at 690).
sult in sanctions, ranging from “the imposition of costs to preclusion of testimony and even entry of default.”12 When noticed for a Rule 30(b)(6) deposition, corporations are best served by narrowing and/or clarifying the scope of the notice on the front end, and by strategically selecting proper deponents. It is critical for the corporate designee(s) to work closely with counsel to thor-oughly prepare for each topic by determining the proper scope of the search for information, and by reviewing the responsive informa-tion to anticipate the types of ques-tions that may be asked. ▪12 Peterson, 2017 WL 385923, at *2.
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28 February 2017
When the Atlanta Bar asked me to reach out to past Presidents of the ACYL and ask them about what their time as President taught them about being a leader, it got me thinking. While my term as President is not yet over, I can say without hesitation that all the time, effort, and thought I have invested and continue to commit to my role was and is well worth it. As a direct result of my current position, I have learned so much about myself as well as the members of this great section. Further, I have been able to hone my leadership skills and my ability both to motivate and har-ness the skills of those around me.
I implore you to get involved and–when you feel ready–take on a leadership role in a section of the Atlanta Bar that most interests you. Trust me, you will not regret it!
Holly Hempel, Nelson Mullins Riley & Scarborough ACYL President2008-09
As a past President of the ACYL, I credit the Atlanta Bar and the ACYL with the development of many skills that have positively impacted my career. Some of the most important of these are: • How to run a board meeting – Be efficient and stay on a well-thought agenda.• Have an elevator speech – Be able
to explain, at an elemen-tary level, what you do for your job so that any lis-tener learns your value and how they and others may use your services.• Personal branding – It is
never too early as a young attorney to focus on your work identity and define who you are and who you want to be in your work environ-ment and legal career.• Being involved in the Atlanta Bar and the legal community is a great thing! – I made contacts while in-volved in the ACYL that I would not have made without the ACYL. Some contacts have become won-derful friends and/colleagues, men-tors, mentees, referral sources, and clients. I encourage participation in the ACYL and other Atlanta Bar committees and activity.
Steven Wagner, E.E.O.C.ACYL President2010-11
Being president of the ACYL taught me what works as a leader and what does not. It all starts with you. If you are not organized, if you do not have a clear direction or goal, you cannot be an effective leader. When I was president of the ACYL, we typically had one Board meeting a month, so most everything we did had to be done in that meeting. I had to be organized and ready to go so that those meetings were ef-ficient and effective. What I learned was that if you are organized and do what you say you will do and people see that, people will respond positively to you and
do what you ask them to do. If you give people clear directions and goals so they understand what they need to do and why, people will be responsive and accomplish their tasks. The more you set a good ex-ample yourself and the more clear your leadership is, the more likely that those you are leading will be successful. That is the mark of a good leader.
Kristin Zielmanski, Zielmanski Law LLCACYL President2013-14
I did not go to law school in the Atlanta area, and the law firm where I worked only had a couple of as-sociates. As a result, being a part of the ACYL gave me the opportunity to form strong connections with my peers and to feel like I was a part of the larger Atlanta legal community.
Friends I have made through be-ing involved in the leadership of the ACYL have been invaluable to me in my legal career. Being able to serve as President of the ACYL was a great opportunity for me to develop leadership skills. I think lawyers tend to be people who want to do everything themselves, but as a leader, you learn that you must depend on others to help you.
During my term, our ACYL Board Members organized several suc-cessful social events, breakfasts, and CLEs, and accomplished signifi-cant fundraising as well. Serving as President of the ACYL has also led to my desire to stay connected and
ACYL SIDEBAR
ACYL Presidency and LeadershipMatt J. SimmonsShepherd Law [email protected]
The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER 29
involved in the Atlanta Bar for the rest of my legal career, wherever the need for assistance arises.
Genie Iredale, Fellows LaBriolaACYL President2014-15
The ACYL provided me an oppor-tunity to hone my leadership skills. During my time as a member of the ACYL and then on the Board, I watched other Bar leaders and learned from their example.
The ACYL (and the Atlanta Bar as a whole) is a group of vibrant and diverse young attorneys who are learning how to practice law. With such a diverse constituency, it was important to be mindful, creative, and proactive in addressing prob-lems and concerns. This not only came in handy while serving the ACYL, but also in my practice as a business litigator.
Jonathan Smith, Assoc. general counsel for the Atlanta BravesACYL President2015-16
When I was asked to write about how my leadership role with ACYL has helped with my professional career, my thoughts gravitated more toward personal growth than profes-sional growth. Leadership roles can certainly help build resumes and may earn awards, but I think most importantly, they teach you about yourself and how to relate to others. This, in turn, helps build emotional intelligence, which is being more widely recognized in the business world as a critical skill and as an
indicator of professional success. Putting myself in front of people (especially in a leadership role) has never come naturally to me. I was the only 4 year old on the soccer field with their mother because I wouldn’t go out on the field “alone” with all of the other kids–love you mom. I think it’s safe to say I tend to have a more introverted person-ality. I’m no expert, but I suspect the majority of natural born lead-ers are extroverts. At some point I realized that I needed to put myself in positions that weren’t naturally comfortable to me in order to grow and challenge myself. I have never regretted any of the leadership roles that I’ve assumed because I’ve al-ways learned more about myself and gained skills, experiences, and most importantly, relationships, that I would not have otherwise gained had I sat on the sideline.
These lessons have most certainly positively impacted my personal life and professional life and I en-courage anyone considering taking a leadership role to act on it (espe-cially my introverted brothers and sisters). The ACYL is a great place to start or continue your leader-ship journey. More than likely you’ll have fun doing it, as well–I did. At the risk of trademark violation, just do it, lean in and jump in.
P.S. I have been playing soccer for 33 years now without my mom (I will neither confirm nor deny that she still brings oranges and Capri Suns though). ▪
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@atlantabar
30 February 2017
JANUARY 4, 2017 Notices e-mailed for self-nominations. Return deadline: January 27, 2017
JANUARY 27, 2017 Deadline for all Nominating Committees to be appointed.
JANUARY 27, 2017
Deadline for self-nominations.(As self-nominations are received, biographical forms will be provided to candidates which must be returned by February 1, 2017 for the Nominating Committees.)
JANUARY 27 - FEBRUARY 24, 2017 All Nominating Committees shall meet.
MARCH 3, 2017Deadline to offer self-nominated, but not selected, candidates the opportunity to petition to be included on the ballots.
MARCH 10, 2017 Deadline to receive petitions to be placed on ballots.
MARCH 17, 2017 First ballots e-mailed and postal mailed. Return deadline: April 6, 2017.
APRIL 7, 2017 First ballots counted.
APRIL 7, 2017 If necessary, second ballots e-mailed and postal mailed. Return deadline: April 17, 2017.
APRIL 17, 2017 Second ballots counted.
2017-2018 ELECTION TIMELINEINTERESTED IN SERVING? If you would like to be considered for a position on the Atlanta Bar Association's Board of Directors or any of the Sections' Boards of Directors listed on the attached nominating form, please complete the form and return it to Denisha Wise at [email protected] or by mail to 229 Peachtree Street NE, International Tower, Suite 400, Atlanta, GA 30303 by Friday, January 27, 2017.
The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER 31
Attorneys looking for a new spot for their happy hours and other after-work gatherings should pay a visit to 5Church Atlanta. Since opening its doors in 2016, the restaurant has become a go-to location for those in the Midtown and Colony Square area.
5Church’s chef and restaurant partner Jamie Lynch describes the menu as a “hybrid of flavors from all over the world tied together with traditional culinary techniques and a philosophy of showcasing the ingredients, rather than over-producing them.” The eatery of-fers a spectrum of signature dishes, plates reflecting Atlanta’s unique culture, and a couple of self-de-scribed “envelope pushing” items. Dinner highlights include ricotta
cavatelli with oxtail and turnips; Kagoshima wagyu ribeye with fried rice and barbecue sauce; Atlantic diver scallops with parsnip puree, leeks and wasabi tobiko. 5Church also features several different cuts of
steak, a variety of tasty sides dishes, and a fully-stocked bar. The restaurant, located near the intersection of Peachtree and 14th Streets, is a 11,000-square-foot space with a largely open floorplan, plus rooftop dining. The décor is Neo-Victorian, with white concrete bar tops, black leather seating, chandeliers, and oversized artwork from local Atlanta artists. The vibe is cutting-edge and sophisticated, yet fun and inviting.
The 5Church team says they are focused on creating a memorable, high-quality dining experience for their guests. The Atlanta Bar Asso-ciation’s Women in the Profession
Section held its member drive and kickoff social at 5Church last Sep-tember. All of the attendees seemed pleased with the food selection, and complimented the attentive wait-staff and bartenders. In addition to Atlanta Bar socials, 5Church hosts private dining, corporate, and other charitable guests (everything from small gatherings to more than 250 people). 5Church Atlanta is open for lunch Monday-Friday 11am-3pm; dinner daily 5pm until close; and brunch Saturday 11am-3pm and Sunday 10am-3pm. The restaurant also of-fers complimentary valet, begin-ning at 6pm (but make sure you give yourself plenty of time for parking). For more information about 5Church Atlanta, visit 5churchatlanta.com. ▪
RESTAURANT REVIEW
5 ChurchSarah Siedentopf
The Law Offices of Sarah Siedentopf, [email protected]
32 February 2017
As the creator of hit television shows Grey’s Anatomy, Private Practice, and Scandal, and the executive pro-ducer of How to Get Away with Mur-der, Shonda Rhimes is one of the last people you would expect to be afraid of her own success and happi-ness. On the surface, Rhimes seems to have achieved the ever-elusive standard of “having it all” which professional women are expected to chase. At the start of her book, Rhimes explains that she has four TV shows airing Thursday nights on ABC, three beautiful children, and a loving and supportive extended family who help keep her ground-ed. But it is not until Rhimes’ sister points out that she never says “yes” to anything, that Rhimes realizes that despite her success on paper, she is actually miserable. Year of Yes: How to Dance it Out, Stand in the Sun and Be Your Own Person chronicles
Rhimes’ journey of self-discovery after she resolves that for one year, she will say “yes” to everything that scares her.
Shonda Rhimes characterizes her-self as an extreme introvert. She writes that as a child, despite hav-ing five siblings, she played in the kitchen pantry by herself, using food cans as stand-ins for the imaginary characters in her games. As an adult, Rhimes shares that she continued to hide behind the characters in the stories and shows she created. Rhimes admits that despite her fame, she detests public appear-ances, even going so far as to hire a publicist so she could avoid such events. One week after making her Year of Yes pledge, Dartmouth Col-lege, Rhimes’ alma mater, invites her to give its commencement speech. She is terrified, but agrees, kicking
off a year of major transformation.
The book follows Shonda Rhimes through her adventures in yes, from her appearance on the late-night television program Jimmy Kimmel LIVE to guest starring on scripted comedy TV show The Mindy Project. Although the Dartmouth College speech is Rhimes’ first official “yes,” she does not actually have to face this challenge until several months later. During the commencement speech, Rhimes describes a visible moment–even encouraging readers to check the video–of when she steps to the school podium, exhales all her fear, and becomes a new person. (For those interested in Rhimes’ com-mencement speech, the full text is included in the book).
Rhimes further describes this in-ternal transformation by compar-ing her four interviews with Oprah Winfrey. Rhimes writes that she is a strong admirer of Oprah, calling herself a member of The Church of Oprah. Initially, during her three interviews with Oprah prior to the Year of Yes, Rhimes comments that she was so nervous she essentially blacked out and cannot remember a single detail of the interviews. However, during a fourth interview after the Year of Yes, Rhimes writes that she was able to be fully present, fearless, and actually enjoy her time with Oprah.
BOOk REVIEW
Shonda Rhimes' Year of Yes: How to Dance it Out, Stand in the Sun and Be Your Own Person, is an Entertaining and Light-Hearted Take on Self-Helpby Margaret "Max" Ruthenberg-MarshallThe Ruthenberg-Marshall Law Firm, [email protected]
The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER 33
In Year of Yes, Rhimes is candid about the issues many professional women grapple with, such as the notion that a woman cannot both be professionally and personally successful. Rhimes, for example, writes about her heavy reliance on her children’s nanny, and how being fully present in one area of her life inevitably means she is not focused on another area. Following her Year of Yes, Rhimes shares that she has re-committed to her children, say-ing “yes” every time they ask her to play, even if it means getting down on the floor in a ballgown when she is already running late for an event.
For me, I did not pick up Shonda Rhimes’ Year of Yes to be inspired or because I am a fan of her many television projects. This book was as-signed reading for this year’s GAWL (Georgia Association for Women Lawyers) Leadership Academy. That being said, after reading this book, I walked away with renewed energy to tackle my own professional and personal challenges.
Rhimes’ words speak to women law-yers. Sure, we may not own Thurs-day Night TV, but we all struggle with balancing respected careers and personal improvement. The book will also resonate with many women; Rhimes writes about what is like to be an “F.O.D.” (first, only, different) which in her case is an African-American woman in charge of ground-breaking projects.
Year of Yes, despite its title, is not about saying “yes” to everything. (Which may be a relief to those who feel like they are already doing too much). Rhimes writes about how saying “yes” taught her to identify the most important parts of life, and how embracing these elements leads to an overall more positive and healthier existence. With Rhimes’ humorous tone and dramatic flair, Year of Yes is a quick and entertaining read. It is a book you can easily say “Yes!” to, despite any excuses about avail-able time or energy. This book will leave you inspired, and ready to face your own personal and professional growth in the upcoming year. ▪
Submit a restaurant review article for The Atlanta Lawyerfind out more
34 February 2017
TRUANCY INTERVENTION PROJECT
Now in our 25th year, TIP recently reached its mile-stone 10,000th case. In recognition of her passion for advocating for youth and her past work with TIP the case was offered to, and accepted by, Mary Alexander Myers.
Mary Alexander is an associate at Jones Day and a five year Truancy Intervention Project volunteer. At Jones Day, Mary Alexander’s practice focuses on a range of cybersecu-rity and data privacy matters. She counsels clients on data privacy issues, outsourcing transactions, technology, and other related mat-ters. Mary uses those same coun-seling skills to advocate for and advise her TIP clients to increase their opportunities for success. She has also been instrumental in help-ing TIP recruit quality volunteers from the Jones Day ranks and At-lanta legal community.
Among her previous cases was one with a particularly successful out-come. Priscilla Jones* was charged with truancy and referred to the
Truancy Intervention Project in 2013. TIP volunteer attorney Mary Alexander agreed to work with the high school sophomore and, after meeting with Priscilla and talking with school personnel, Mary Alexander realized that returning to the traditional school environment would only worsen the young woman’s struggles. After researching alternatives, Mary Alexander successfully advocated for Priscilla and won the juvenile court’s
acceptance of a somewhat novel solution-enrollment for Priscilla in a public, on-line high school. Pris-cilla is now successfully working toward her high school diploma and is employed part time at a local business. In 2014, Priscilla’s case was closed and according to Mary Alexander, “She is a happy and successful student again with a real vision for her future.” A future, it turns out, in which she wants to be a journalist. Thanks again to Mary Alexander Myers and Jones Day for their in-vestments of time and talent over the years! *Not real name
REFER CALLS TO LRISRemember, if your firm receives those occasional calls regarding legal issues that you do not handle, refer them to the Lawyer Referral and Information Service at 404-521-0777
TIP Celebrates Its 10,000th Caseby Caren CloudTruancy Intervention Project [email protected]
The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER 35
DID YOU KNOW?
Sutherland Asbill & Brennan LLP is pleased to announce that W. Scott Sorrels will re-ceive the prestigious Justice Robert Benham Award for Community Service during a special awards ceremony at the State Bar of Georgia on February 28, 2017.
The State Bar of Georgia awards The Justice Robert Benham Award for Community Service to lawyers and judges in Georgia who have made outstanding contributions to their communities and demon-strate the positive contributions of members of the Bar outside of their professional work. Among a se-lect few, Sorrels joins Peter J. Anderson and Suther-land alums Bill Barwick and Judy O’Brien, who re-ceived the award in prior years.
Sorrels provides a wide range of volunteer service and leadership to worldwide, national and local non-profit and charitable youth-development organiza-tions. Most notably, he volunteers significant hours each month in support of World Scouting, which serves more than 40 million youth world-wide, and nationally, to the Boy Scouts of America. In 2011, the Boy Scouts of America recognized Mr. Sorrels with the highest honor the organization gives for contributions to youth leadership, the Silver Buffalo award. Other Silver Buffalos include S. Truett Cathy, Hank Aaron, Bill Gates, Gen. Colin Powell, Charles Lindbergh, Walt Disney, John Glenn, and 13 former U.S. Presidents.
Sorrels has been a member of the Atlanta Bar Asso-ciation since 1988 and is a member of the Litigation Section of the Atlanta Bar Association.
Atlanta Bar Association Employment OpportunityCLE DirectorLarge metro bar association seeks full-time CLE Director to plan and develop MCLE-approved con-tinuing legal education programs presented in a variety of delivery formats, working collaborative-ly with the CLE Board of Trustees, other Bar lead-ers and volunteers, and staff. The ideal candidate is organized, keen for details, able to prioritize, and manage multiple projects simultaneously.
SummaryResponsible for the planning, development and accreditation of CLE programs for the Atlanta Bar Association in conjunction with the CLE Board of Trustees and Sections and for reporting lawyer at-tendance to the State Bar of Georgia.
RequirementsBachelor Degree; JD degree a plus; Must be profi-cient in Microsoft Outlook, Word, Excel, and Power Point; Good written, analytical, oral communica-tion and presentation skills; Polished interpersonal and networking skills; Good independent and team worker.
Preferred Skills: Familiarity with the Atlanta legal community and/or legal CLE; Experience working with volunteer boards; Customer service experience Salary commensurate with work experience. See full employment description at www.atlantabar.org/page/Employment
Send resumes and salary requirements to [email protected].
State Bar of Georgia Honors W. Scott Sorrels with Justice Robert Benham Award for Community Service
36 February 2017
100% Club
*Denotes Charter Members
The distinguished 100% Club recognizes law firms of at least five attorneys that support firm-wide participation in the Atlanta Bar.
The following firms are recognized for their demonstrated commitment to the Atlanta Bar Association, which furthers quality services for its members, supports the legal profession and benefits the community through its charitable work.
For more information on how your firm can become a member, contact [email protected].
Firms of 100+ AttorneysAlston + Bird LLP*
Nelson Mullins Riley & Scarborough, LLP*
Firms of 50-99 AttorneysBaker, Donelson, Bearman, Caldwell & Berkowitz, PC
Hawkins Parnell Thackston & Young LLP
Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC
Firms of 25-49 AttorneysBondurant Mixson & Elmore LLP*
Goodman McGuffey LLP
Ogletree Deakins Nash Smoak & Stewart, P.C.
Rogers & Hardin LLP*
Public Interest Law Firms Atlanta Legal Aid Society*
Atlanta Volunteer Lawyers Foundation*
Firms of 5-24 AttorneysAutry, Hanrahan, Hall & Cook, LLP
Barrett & Farahany LLP
Berman Fink Van Horn P.C.
Bodker Ramsey Andrews Winograd & Wildstein, P.C.*
Chilivis Cochran Larkins & Bever LLP
Davis, Matthews & Quigley, P.C.*
Fellows LaBriola LLP*
Friedman, Dever & Merlin, LLC
Gaslowitz Frankel LLC
Gray, Rust, St. Amand, Moffett & Brieske, LLP
Hedgepeth, Heredia & Rieder LLC
Johnson & Ward
Kessler & Solomiany, LLC*
Kitchens Kelley Gaynes, P.C.*
Krevolin & Horst, LLC*
Lefkoff Duncan Grimes McSwain & Hass, P.C.
Levine Smith Snider & Wilson, LLC
Mozley, Finlayson & Loggins, L.L.P.*
Nall & Miller, LLP
Parks Chesin & Walbert PC
Peters & Monyak, LLP*
Richardson Bloom & Lines LLC
Savell & Williams, LLP*
The Saylor Law Firm LLP
Scrudder, Bass, Quillian, Horlock, Taylor & Lazarus, LLP
Stites & Harbison PLLC
Stokes Carmichael & Ernst LLP*
The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER 37
SECTION UPDATE
BANKRUPTCYBy M. Regina Thomas
United States Bankruptcy Court, NDGA
On December 13, 2016, the Bankruptcy Section pre-sented its annual Bankruptcy and Commercial Law Year in Review CLE program. The morning session, which focused on recent developments in bankruptcy law, featured the Honorable Paul W. Bonapfel and the Honorable Mary Grace Diehl, United States Bank-ruptcy Judges from the Northern District of Georgia. Other panelists were Harris Winsberg (Troutman Sanders) and Beth Anne Harrill, law clerk to Judge Bonapfel. The afternoon session, which focused on commercial law developments, was presented by C. Edward Dobbs (Parker, Hudson, Rainer and Dobbs) and Alfred S. Lurey (Kilpatrick Townsend Stockton). This annual event brings section members together for both a valuable learning experience and a chance to network with colleagues.
On Friday, January 27, 2017, the Bankruptcy and the Labor and Employment Sections co-sponsored a lunch & learn program titled Fair Labor Standards Act and Bankruptcy: Compliance & Consequences at Dentons US LLP. Panelists include Nathan Chapman (Kabat, Chapman & Ozmer), Brett Cobum (Alston & Bird), Jonathan Edwards (Alston & Bird), and Leanne
Gould (HDH Ad-visors). Almost 50 attendees enjoyed a discussion about the hotly con-tested changes in wage and hour r u l e s , c u r re n t compliance issues, and consequences of litigation for distressed businesses either contem-plating or entering bankruptcy protection.
Please Save the Date:• Annual Spring CLE and Pollard Award Luncheon, Thursday, May 11, 2017 at Capital City Club Downtown.
The Officers and Board members for the 2016-2017 year are: Alison Elko Franklin (Chair), Jeffery Caven-der (Chair Elect), Sage Sigler (Secretary), B. Summer Chandler (Treasurer), John W. Mills, III (Immediate Past Chair), Vania Allen, Ron Bingham, Melissa Davey, Gregory Taube, Regina Thomas, Bruce Walker, Dor-oteya Wozniak (Members at large).
If you have ideas or suggestions for Bankruptcy Sec-tion activities or projects, please contact any of the officers or board members. We look forward to a great year and welcome your participation.
3 L-R: Alison Elko Franklin, Bankruptcy Section Chair (Dentons), Brett Cobum (Alston & Bird), Leanne Gould (HDH Advisors), Nathan Chapman (Kabat, Chapman & Ozmer) and Jonathan Edwards (Alston & Bird).
1 L-R: Beth Anne Harrill, Hon. Paul Bonapfel, Hon. Mary Grace Diehl and Harris Winsberg.2 L-R: C. Edward Dobbs and Alfred S. Lurey
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38 February 2017
The Environmental and Toxic Tort Section has been very active over the past few months and looks forward to its upcoming CLE event on March 1st.
Establishment MixerIn late October, Section members joined with the Environmental Section of the State Bar for a mixer at The Establishment. Designed and built with reclaimed wood from several Georgia counties and decorated with antique iron from Atlanta’s first cobblestone buildings and antebellum furnishings, The Establish-ment provided the perfect setting for the event where attendees enjoyed craft cocktails and small plates as they mingled in this unique space.
Trees Atlanta Service DayOn November 19, Section members gathered to plant trees in Atlanta’s Candler Park neighborhood as part of a service day sponsored by Trees Atlanta. It was a beautiful fall day and our members enjoyed getting their hands dirty while helping beautify the downtown environment. We anticipate holding another service event this spring and invite all members to join us.
CLE BreakfastFinally, a CLE Breakfast will be held on March 1st to discuss the Industrial General NPDES Storm Water Permit recently modified and reissued by the Georgia Environmental Protection Division. The Georgia's En-
vironmental Protection Division recently announced a modified and reissued Industrial General NPDES Storm Water permit under the Clean Water Act. Non-compliance with the provisions of the modified permit provisions can have potentially serious and costly con-sequences for the regulated community. Practitioners with a stake in understanding the new requirements are invited to hear from a, EPD representative as well as a technical consultant in a live breakfast panel at the law firm King & Spalding, LLP. A portion of the time will be reserved for questions and answers. Date and Time:Wednesday, March 1, 2017, 7:30 am to 9 am (program commencing 8 am) Place:King & Spalding, LLP1180 Peachtree St NE, Atlanta, GA 30309 Speakers:Glen Behrend, Environmental Protection Division of the GA Dept. of Natural ResourcesBrian Edwards, Conversion Technology Inc. (CTI)
ENVIRONMENTAL AND TOXIC TORTBy Jennifer L. Pennington, Esq.J. Pennington Law Firm, [email protected]
SECTION UPDATE
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As the Bar focuses on leadership this month, I am proud to highlight some of the many ways in which the Litigation Section helps to foster leaders.
Leadership by ExampleThe Litigation Section has a long history of running and promoting the “Take Your Adversary to Lunch” program during the month of February. This year is no exception. Section members are encouraged to invite one or more of their adversaries to lunch (breakfast, dinner, coffee, or drinks) during February. The only “rule” is that they may not discuss the case. Instead, the focus should be on getting to know the adversary as a person (yes, rumors are true, your adversaries are, in fact, people too). The hope is that after spending time with the other attorney, without rattling sabers, it is easier to act in a professional manner during the litigation. In doing so, the legal community as a whole, and therefore, the community as a whole, regains some civility in what is otherwise a contentious aspect of life. This civility does not go unnoticed. Judges, other attorneys, and our clients notice the difference and react to the case differently as a result. As if that were not reward enough, members may submit up to five entries (one per adversary) and stand to win gift cards for themselves and their adversary. (Winners are not obligated to use the gift cards for follow up meals with their adversaries- but they may!).
Leadership by OpportunityThe Litigation Section has continued its support of the Summer Law Internship Program (“SLIP”) by do-nating enough to sponsor 12 summer interns. These interns attend a diverse group of Atlanta high schools and are given the opportunity to work with participat-ing Atlanta law firms and judges while also attending leadership training sessions. Some of the interns may be the first in their families to go to college, let alone law school. By providing these opportunities, the Litigation Section supports leadership training for
the next generation of lawyers.
Leadership by TrainingThe Litigation Section strives to provide quality pro-graming that allows our members to be current and well educated on issues impacting the typical litigation practice. Professor Paul Milich schooled the section on Georgia Rules of Evidence on impeachment and cross examine on November 11, 2016. And based on our answers to Professor Milich’s hypotheticals, we needed it! On December 9, 2016, we joined with the Employment Law Section and the Tax Law Section to hear Julian Fortuna and Amanda Farahany dis-cuss the intersection of tax law and employment law when it comes to settlements. We heard from Phyllis Sumner and Pat Brumbaugh on January 13, 2017, about privacy and cyber security for both our clients and our law firms. Most recently, on February 10, 2017, Judge May and Judge Salinas gave us their thoughts from the bench after the recent changes to the federal discovery rules.
Half Day CLEWe look forward to our upcoming programing in-cluding our half-day CLE on February 17, 2017. The program will focus on the practical implications of moving toward a paperless office-tools available, how to implement them, and the ethical considerations. The half-day CLE will be held at King & Spalding, with registration beginning at 8:15am and the program concluding by 12:30pm. We will also be able to offer live-streaming of the program for those interested, but unable to attend in person.
Monthly BreakfastsKeep an eye out for more details on our upcoming monthly breakfasts which will include programs with the corporate counsel section, discussing tough issues arising in depositions, and our annual summary of the Georgia state legislative session.
LITIGATIONBy Christina M. Baugh
Fellows LaBriola [email protected]
SECTION UPDATE
40 February 2017
Meet-the-Judges LunchWe will also host our annual Meet-the-Judges lunch on March 15, 2017 at the Capital City Club and the Bench & Bar Reception at the Nelson Mullins law firm on May 10, 2017. We look forward to seeing you at these wonderful events celebrating the dedicated judges of Atlanta.
The LitigatorHopefully you had a chance to read the informative articles in our Section’s newsletter, The Litigator, which was sent by email on February 2, 2017. View the Litigator here
Anyone wishing to submit an article for our next issue should contact John Hadden at [email protected].
As always, the Litigation Section loves its judges and is happy to invite all judges and judicial law clerks to attend our Section events for free.
Thank you SponsorsWe would like to give a special thanks to our Section sponsors from the 2015-2016 Board year. Without them, we would not be able to put on the wonderful programing we do or make the same impact in our community. Thank you to: Applied Technical Services, Counsel on Call, Duplicating Products, Inc., Esquire, Habif Arogeti & Wynne, and JAMS!
We hope to see you soon at an upcoming breakfast and/or our happy hour!
SECTION UPDATE
The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER 41
Networking ReceptionOn Thursday, February 23, 2017, the Public Interest Law Section is hosting a networking reception an one-hour CLE on the future of healthcare in Georgia at the law offices of Sutherland Asbill and Brennan. The networking reception starts at 5:00 p.m. and includes appetizers and drinks. The CLE program will begin at 6:00 p.m., followed by a short Q&A. Joining the panel are: Erin Fuse Brown, from Georgia State University College of Law, Laura Colbert, from Georgians for a Healthy Future, Keri Conley, from the Georgia Hospital Association, and Jason O'Rouke, from the Georgia Chamber of Commerce. Beth Stephens, from Georgia Watch, will moderate the discussion.
The panelists will discuss the uncertain future of healthcare coverage and its impact on providers and Georgia residents. And, because our panelists bring diverse perspectives on the best solutions to remedy our controversial and complicated healthcare system, we expect a very lively debate. Come join us!
Joint Spring Happy HourThe section also plans a joint spring happy hour at Second Self Brewery with the Bankruptcy and Liti-gation Sections, and a volunteer event with the En-vironmental and Toxic Tort Section. Stay tuned for more details!
Thank you SponsorsThank you to our sponsors for their generous support of our section: Fellows LaBriola, LLP Bondurant, Mixson & Elmore, LLPHawkins Parnell Thackston & Young, LLPKrevolin & Horst, LLP
PUBLIC INTEREST LAWBy Lindsey Siegel
Atlanta Legal Aid Society [email protected]
SECTION UPDATE
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42 February 2017
In the real estate business you learn more about people, and you learn more about community issues, you learn more about life, you learn more about the impact of government, probably than any other profession that I know of. ~Sen. Johnny Isakson Real Estate Section Chair, Kevin Rys, has spearheaded an ambitious agenda to organize legal education for real estate attorneys, provide social opportunities for real estate attorneys, and to support charitable endeavors related to real estate. Additionally, Rys has focused on having joint CLE sessions with other sec-tions to broaden the educational experience for real estate attorneys and to encourage real estate attorneys to connect with other attorneys. Comprised of several hundred lawyers, the Real Estate Section consists of a diverse group of professionals who practice real estate law, are dedicated to various aspects of work related to real estate, or are just have an interest in this complex area of the law.
Monthly Breakfast MeetingsThe Real Estate Section continues to host its regular monthly breakfast meetings, which include presen-tations for which members can earn CLE credits. In September, 2016, dynamic litigator Bryan Knight of Knight Johnson, LLC discussed a high profile, two-week jury trial where he obtained a $7.1 million verdict on behalf of a real estate investment company against a national title insurance company involving a title defect. In October, the Real Estate Section raided the rooftop of the Ponce City Market, and members enjoyed camaraderie and libations overlooking the Atlanta skyline.
In December, bankruptcy expert Will Rountree of Macey Wilensky & Hennings, LLC, presented “Real Estate Issues for the Real Estate Practitioner.” Rountree succeeded in presenting detailed, relevant informa-tion in a manner easily digested and understood by all participants. On January 12, 2017, the Real Estate Sec-
tion teamed up with the Tax Law Section to enlighten and inform participants about Recent Developments in the Taxation of Real Property Ownership Entities and Transactions. Robert Beard, of King & Spalding, helped clear up the intricacies of this complex sub-ject and fielded a number of difficult questions from the audience. On February 9, 2017, the Real Estate Section sponsored a Happy Hour at the Painted Pin, an upscale boutique bar, bowling and entertainment venue in an industrial warehouse space in the heart of Buckhead's Miami Circle.
Giving BackAs part of its effort to serve the community, the Real Estate Section delivered Thanksgiving dinners to three families in conjunction with the Northside United Methodist Church who put our Section in touch with these families. Board Member Jon Neville quarter-backed this worthy effort.
Additionally, the Real Estate Section sponsored ten (10) race registrations for the Legal Runaround, a 5K sponsored by the Atlanta Bar Foundation Police Scholarship Fund which provides college scholarships to the children of Atlanta police officers who are killed or disabled in the line of duty.
The Real Estate Section also donated funds to Pro Bono Partnership of Atlanta (PBPA), a nonprofit that matches nonprofits in need of free legal assistance with volunteer attorneys who provide pro bono advice in their area of expertise. PBPA real estate projects include assistance with property acquisition and lease reviews.
The Real Estate Section also sponsored Atlanta Vol-unteer Lawyer Foundation’s (AVLF) winetasting fun-draiser. AVLF is the largest provider of pro bono legal services to tenants in the Atlanta metropolitan area. AVLF’s landlord-tenant efforts lead it to work closely with Purpose Built Schools to address ways in which substandard housing may impact school attendance. AVLF also works directly with the Fulton County Courts to enhance the Landlord-Tenant Court’s ju-dicial process.
The Real Estate Section’s sponsors are Bennett Thrash-er, Bull Realty, Inc., and First American Title Insurance Company. We are grateful for their support and en-courage our section members to utilize their services.
By Joseph Farrell Quirk & Quirk [email protected]
Real Estate
SECTION UPDATE
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New SponsorThe Tax Law Section is proud to announce that the Builder Investment Group has joined us as a spon-sor! With this additional funding we have already begun and will steadily continue our Tax CLE activi-ties throughout the Winter and Spring of 2017. Our first event of 2017 was a joint breakfast CLE with the Real Estate Section held on January 12, 2017 at the office of Arnall Golden Gregory. At the joint event, Robert Beard, of King and Spalding, spoke about recent developments in the taxation of real estate entities. Beard focused primarily on tax regulatory developments impacting partnerships. CLE SeminarOn Wednesday, March 8, 2017, we will hold our an-nual “Ethics and Professionalism” CLE seminar in conjunction with the Taxation Law Section of the State Bar once again featuring Judge Beaudrot and Davis Golden from Troutman Sanders. As in previous years, the event will be held during an afternoon ses-sion at the State Bar headquarters. The following week on Thursday, March 16, we are planning our annual evening joint social among the members of the Tax, Estate Planning & Probate and Elder Law Sections and the Financial Planning Association. This joint social event will be held at Gordon Biersch in Buckhead.
Working with Georgia 501(c)3 Nonprofits SeminarOn March 23, 2017, David Golden, Patti Richards, Richard Litwin, Mona Maerz and I will team up with Robyn Miller of the Pro Bono Partnership of Atlanta at the midtown office of Sutherland Asbill to present a seminar entitled “Working With Georgia §501(c)(3) Nonprofits.” In connection with the Atlanta Bar As-sociation’s “March Madness” program, this seminar will provide an overview of how Georgia nonprofits are structured, the basic tax rules for tax-exempt or-ganizations, and the restrictions on how they operate
(political activity, lobbying, inurement, and private benefit). The seminar will also cover how Georgia nonprofits solicit donations legally, how and to what extent they can raise money outside their mission, and how Georgia sales tax and property tax applies to them.
Joint CLE ProgramsFor our April 12, 2017 and May 16, 2017 meetings, we have planned Joint CLE programs with the Estate Plan-ning & Probate Section at the Buckhead Club. The April meeting will be a breakfast seminar where Richard Litwin will team up with an estate planner to discuss how various states determine residency for income, estate, and gift tax purposes. The May meeting will be a late afternoon seminar on “Secondary Planning for Charitable Remainder Trusts” to be presented by Evan Unzelman, President of our sponsor, Sterling Foundation Management. Unzelman’s presentation will be followed by a cocktail party. Joint CLE LuncheonsFinally, we will also team up with the Georgia Society of Certified Public Accountants for joint CLE luncheons at the Buckhead Club on two Tuesdays -- April 25, 2017 and June 20, 2017. Professor Ted Afield from Georgia State University School of Law will be the featured speaker for the April 25 program. He will discuss “Current Tax Reform Proposals from the Na-tional Taxpayer Advocate.” The June 20 luncheon will feature Brian Harvel from Alston & Bird presenting “An Introduction to Inbound Taxation.”
We hope to see you at one or more of these upcom-ing events!
Tax LawBy Julian A. Fortuna
Taylor English Duma [email protected]
SECTION UPDATE
44 February 2017
The Women in the Profession Section (WIP) is dedi-cated to furthering the practice and perception of law, with a focus on issues unique to women in the legal field. Throughout the 2016-2017 board year, WIP has been organizing networking events that al-low women lawyers to interact and develop support systems. WIP also hosts continuing education courses and regularly offers community service opportunities for its members.
Annual Joint CLE ProgramEarlier this board year, on October 19, WIP, JAMS, and the Atlanta Bar Association’s Family Law Section co-sponsored an annual breakfast CLE program. This year’s event, which took place at the JAMS Atlanta Resolution Center, focused on “Resolving Family Disputes Though ADR.” On December 8, WIP held its Holiday Reception at the home of Hon. Susan Edlein, State Court of Fulton County. The group collected donations for the Women’s Cancer Legal Project at Atlanta Legal Aid, as well as for ForeverFamily, an or-ganization that assists the chil-dren of incarcerated parents.
Kids in Need ProgramThere have been two sepa-rate occasions this board year, on November 8 and January 25, when WIP members have volunteered with the Atlanta Community Food Bank’s Kids in Need Program. The volun-teers helped teachers to collect and take home some much-needed school supplies; WIP also donated items to the program.
Breakfast CLEMost recently, earlier this month,WIP hosted a break-fast CLE at Atlanta Legal Aid’s downtown office, en-titled “Lawyers, Secondary Trauma, and Self Care.” Attendees learned about the importance of managing stress inherent in the practice of law and received advice from Shelley Senterfitt, a lawyer and therapist, about improving their well-being and dealing with daily anxieties.
Upcoming EventsWe are excited about several more events scheduled in 2017. First, WIP is participating in the Atlanta Bar Association’s March Madness Series. The group is pairing up with the Breast Cancer Legal Project of Atlanta Legal Aid for the CLE “Wills and Advance Directives for Low-Income Clients.” That will take
place Wednesday, March 29, from 8:30AM to noon at the State Bar of Georgia. (Look for an email from the Atlanta Bar with registration information).
Second, WIP members and at-torneys with the Breast Can-cer Legal Project will be walk-ing in the Susan G. Komen of Greater Atlanta “Race for the Cure” 5K on May 13 in the Lenox Mall area. To join us, visit www.komenatlanta.org and reg-ister with the team name “WIP & Breast Cancer Legal Project.”
Finally, stay tuned for another legal networking event in April, and our annual Woman of Achievement Award luncheon in June.
WOMEN IN THE PROFESSIONBy Megan HodgkissHodgkiss Consulting [email protected]
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To receive the latest WIP updates and event details, you can follow us on Facebook at @AtlantaBarWIP, on Twitter at @AtlantaBar using the hashtag #Atlan-taBarWIP, or on LinkedIn at “Atlanta Bar Women in the Profession Section.” Membership to WIP is open to all legal professionals, in all age groups and career stages. Our members represent a variety of practices, from civil to criminal, judges and government lawyers, partners and law students. Annual dues are just $30; visit atlantabar.org for more details.
Thank you to our sponsors JAMS and the law firm Huff, Powell & Bailey, LLC. If you are interested in sponsorship opportunities for this board year, please email WIP Chair Taylor Tribble at [email protected].
Women in the Profession Section 2016-2017 Board of Directors:Taylor Tribble, ChairKimberly Charles, Chair-ElectLaurie Rashidi-Yazd, SecretaryMegan Hodgkiss, TreasurerSarah Cipperly, Immediate Past ChairKristy Barnhart, Member at LargeMeredith Carter, Member at LargeJaime Duguay, Member at LargeLisa Liang, Member at LargeSarah Siedentopf, Member at LargeEmily Ward, Member at Large
46 February 2017
1 On November 2, 2016, the Dispute Resolution Sec-tion hosted a breakfast at the Buckhead Club. L-R: Halsey Knapp, Tim Hedeen, and Greg Presmanes. Speaker Tim Hedeen (Professor of Conflict Man-agement and Dispute Resolution, Kennesaw State University) spoke on "Avoiding Impasse: Reciprocal Coaching to Avoid False Failure in Mediation."2 On November 9, 2016, the Estate Planning and Probate Section hosted a breakfast at the Buckhead Club. L-R: William Overman, Shelly Donaldson, and Al Caproni. Speaker William Overman (Trust Unit Director, Legal Services Section - Georgia Depart-
ment of Community Health) spoke on "Testamentary Special Needs Trusts."3 On November 17, 2016, the Construction Law Sec-tion hosted a breakfast at the Buckhead Club. L-R: Speakers Robert M. D'Onofrio, P.E. (Capital Project Management, Inc.), James K. Bidgood (Smith, Currie & Hancock), John Livengood (Navigant Consulting), Section Chair Frank E. Riggs Jr. and Harry "Buck" Griffin (Sutherland Asbill & Brennan). The breakfast topic was "Construction Scheduling and Delay Claims - Methods, Modernization, and Myths."
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48 February 2017
4 On November 18, 2016, the Workers' Com-pensation section hosted a luncheon at Capital City Club. L-R: Thomas Holder, Hon. David Imahara, Lynn Olmert, and Michael Rosetti. Speakers Michael Rosetti (Partner at Swift, Currie, McGhee & Hiers, LLP)and Thomas L. Holder (Partner at Long & Holder, LLP) spoke on "National Trends in Workers' Compensation and their Impact on Georgia."5 On December 1, 2016, the Real Estate Section hosted a breakfast at Arnall Golden Gregory. L-R: Kevin Rys and William A. Rountree. Speaker William Rountree (Macey, Wilensky & Hennings, LLC) spoke on "Bankruptcy Issues for the Commercial Real Estate Practitioner."6 On December 9, 2016, the Litigation Sec-tion, Labor & Employment Section and the Tax Law Section hosted a breakfast at Ans-ley Golf Club. L-R: Section Chair Christina Baugh, AmandaFarahany and Julian For-tuna. Speakers Amanda Farahany (Barrett & Farahany, LLP) and Julian Fortuna (Taylor English and Duma, LLP) spoke on "Settlement Agreements in Employment Cases - Avoiding the Landmines."7 On January 11, 2017, the Estate Planning & Probate Section hosted a breakfast at the Buckhead Club. L-R: Al Caproni and Char-lie Jordan. Speaker Charlie Jordan (Partner, Brightworth) spoke on "A Practitioner's Guide to Donor Advised Funds and Providers." 8 On January 12, 2017, the Family Law Section hosted a breakfast at the Buckhead Club. L-R: Section Chair Hannibal Heredia, Mindy Pil-low, and Craig Frankel. Speaker Craig Frankel (Partner, Gaslowitz Frankel LLC) spoke on "Probate and Trust Pitfalls for Divorce Law-yers."9 On January 13, 2017, the Litigation Section hosted a breakfast at the Ansley Golf Club. L-R: Elizabeth Adler, John "Pat" Brumbaugh, Phyllis B. Sumner and section chair Christina Baugh. Speakers Phyllis B. Summer (King & Spalding LLP) and John "Pat" Brumbaugh (King & Spalding LLP) spoke on "Privacy and Cyber Security: How to Protect Your Clients and Your Practice." Moderated by Elizabeth Adler (King & Spalding LLP).
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10 On January 18, 2017, the El-der Law Section hosted a break-fast at the Buckhead Club. L-R: Brent Eden, Linda Pacer and Eric Burkard. Speakers Brent Eden (Nease, Lagana, Eden & Culley) and Eric Burkard (Burkard Insur-ance LLC) spoke on "Insurance Options For Your Aging Clients."11 On January 19, 2017, the Sole Practitioner/Small Firm Section hosted a breakfast at the Buckhead Club. L-R: Rob Huestis, Andrew Flake and Louis Cohan. Speaker Andrew Flake (President of The Lawyers Club, Arnall Golden Gregory) spoke on "Overview and Membership Information about The Lawyers Club."
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The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER 5050 April 2016
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