Association of Corporate Counsel 1025 Connecticut Avenue, NW, Suite 200, Washington, DC 20036-5425 p: 202/293-4103 www.acc.com f: 202/293-4701 President’s Message New Board Members Because three of our chapter Board members resigned this summer due to job and life changes, the Board recently voted to fill these vacancies. Creighton Frommer was elected Vice-President, Membership 2012 and Sheri McGaughy was elected Vice-President, Martha McMillin Communications 2012. Chapter President Sheri will continue to serve the remainder of 2012 as Chapter Secretary. Kali Beyah was elected to fill the remainder of Keith Henderson’s one year term at large and Sloan Perras to fill the remainder of Creighton Frommer’s two year term at large. We appreciate that Creighton and Sheri are taking on these new duties and welcome Kali and Sloan to the Board. with the goals of education, networking, and effective representation of in-house counsel. ACC has grown to become an international organization of over 30,000 members, with over 800 in our Georgia chapter alone. ACC is celebrating this milestone event all year, culminating in an Anniversary Gala on June 30, 2013 in Washington, D.C. Each chapter will receive champagne flutes from National, so we expect to receive ours in the next month or so. There is a contest for chapters having the best activity to celebrate the anniversary. This can be videotapes, membership drives, parties, articles, and any other creative activities a chapter might conceive. We need a volunteer from our chapter to lead this effort in Georgia. Please contact me (contact information is below) if you would like to head this special committee. It is a great opportunity to create some fun and special events throughout the year for our chapter members. October 3 from 1-4pm. Afterwards we will gather for socializing at the nearby Westside 5 Seasons Brewing Company. We need 25 volunteers for this event, which will consist of an afternoon packing food that will later be delivered to Atlantans in need. Contact Rachel Gervin, Vice-President, Outreach, if you would like to volunteer for this worthy cause. Day of Service at the Atlanta Community Food Bank Member Spotlight In conjunction with the Atlanta Bar Association Corporate Counsel Section, our chapter’s annual Day of Service will be at the Atlanta Community Food Bank, 732 Joseph Lowery Boulevard, on Wednesday, 30th Anniversary of ACC National This is the 30th anniversary of the Association of Corporate Counsel, founded on March 11, 1982, ACC Georgia Chapter 2012 Board Members & Contacts President Ms. Martha McMillin VP & Managing General Counsel The Housing Authority of the City of Atlanta 230 John Wesley Dobbs Avenue, NE Atlanta, GA 30303-2421 martha.mcmillin@atlantahousing.org President Elect Mr. Joseph Freeman Assistant General Counsel Cox Communications, Inc. 1400 Lake Hearn Drive Atlanta, GA 30319 Joe.Freeman@cox.com VP- Sponsorships & Programs Ms. Wanda M. Morris Counsel The Home Depot, Inc. 2455 West Paces Ferry Rd, NW Atlanta, GA 30339 wanda_m_morris@homedepot.com VP- Outreach Initiatives Ms. Rachel Gervin VP & Deputy General Counsel Sage North America 1715 North Brown Road Lawrenceville, GA 30043 Rachel.Gervin@sage.com VP- Membership Mr. Creighton K. Frommer Corporate Counsel Reed Elsevier 1000 Alderman Drive Alpharetta, Georgia 30005 Creighton.frommer@reedelsevier.com VP- Special Programs Mr. Paul Marcela VP, General Counsel & Secretary North American Bus Industries, Inc. P.O. Box 671 Alpharetta, GA 30009-0671 paul.marcela@nabiusa.com VP- Communications Ms. Sheri Gates McGaughy Vice President, Legal The Weather Channel 300 Interstate North Parkway Atlanta, Georgia 30339 smcgaughy@weather.com Secretary Ms. Sheri Gates McGaughy Vice President, Legal The Weather Channel 300 Interstate North Parkway Atlanta, Georgia 30339 smcgaughy@weather.com Treasurer Mr. Neil J. Ginn Corporate Counsel WEG Electric Corp. 6655 Sugarloaf Parkway Duluth, Georgia 30097 nginn@weg.net At-Large Directors Term of Office Ms. Virginia Wadsworth One year as Past President General Counsel-APCO Automobile Protection Corporation 6010 Atlantic Blvd. Norcross, GA 30071 vwadsworth@easycare.com Sponsor of Atlanta Volunteer Lawyers Foundation fundraiser ACC-Georgia is pleased to support the Atlanta Volunteer Lawyers Foundation as a First Growth sponsor at its annual Wine Tasting fundraiser on November 1. The event will be held at the SunTrust Plaza Atrium from 5:30-8:30pm. We encourage our individual members to also support this worthy cause, whether by donating, volunteering your time or both. Anu Seam, AT&T General Attorney – Sales Operations and Customer Service Experience, is our member spotlighted for September. Anu has been an P r e s i d e n t ’ s M e s s ag e , P g 2 B Kali Beyah General Attorney 1 Delta Airlines PO Box 20574 Atlanta, GA 30320 Kali.W.Beyah@delta.com 2nd year of a two year term Mr. Seth Bruckner One year to fill the term of Rachel Gervin Attorney United Parcel Service 55 Glenlake Parkway NE sbruckner@ups.com Ms. Kelly Wilcove Senior Counsel Assurant, Inc. 260 Interstate North Circle SE Atlanta, Georgia 30339 Kelly.wilcove@assurant.com Two year term Mr. H. Eric Hilton Two year term SVP, Secretary and General Counsel H.J. Russell & Company 504 Fair Street SW Atlanta, Georgia 30313 ehilton@hjrussell.com Ms. Sloane Perras Senior Managing Counsel Aaron’s Inc. 309 E. Paces Ferry Rd. NE Atlanta, Georgia 30305 sloane.perras@aarons.com Chapter Administrator Two year term Lisa King Smith PO Box 2008 Carrollton, GA 30112 404-375-2036 laotsu@bellsouth.net The views expressed in the American Corporate Counsel Newsletter do not necessarily represent those of the Daily Report or American Lawyer Media. 2B daily report tuesday, September 4, 2012 p r e s i d e n t ’ s m e s s ag e c o n t . active member of our chapter in the four years she has been in Atlanta, serving as a member of the Career Enhancement Committee chaired by Anne Whitaker. She has a strong interest in helping her fellow in-house attorneys succeed in their careers, not just in her role at AT&T but also in our chapter. She thought of a creative topic for a workshop on a successful in-house job search and is working with Anne to plan this event. Anu’s positive, energetic spirit and innovative ideas are an asset to our chapter so it is a pleasure to highlight her this month. ac c n e w s l e t t e r Programs Past and Future Many thanks to Kilpatrick Townsent for sponsoring our August luncheon. Wab Kadaba, Managing Partner of the firm’s Atlanta office, gave an informative presentation on current patent issues, as detailed in the accompanying article from the firm. The ACC-Georgia luncheon for September will be held on Tuesday, September 11, the second Tuesday of the month, at Maggiano’s Little Italy, Cumberland Mall. Sponsored by Fisher & Phillips, LLP, this will be our annual employment law update. The topic is “Labor & Employment Law Update: Adapting to A Rapidly Changing Legal Landscape”. Mark your calendars for the popular all day CLE Jamboree on October 25, hosted again by King & Spalding at their office in Midtown. I hope to see you at these events! ACC-Georgia Member Spotlight: Anu Seam 1. Where do you work? AT&T Mobility headquarters in the Lenox Park area. The address is 1025 Lenox Park Blvd., Atlanta, GA-30319. 2. What is your job title and what are your duties? General Attorney – Sales Operations and Customer Service Experience. I am responsible for the legal support of our wireless retail sales and customer service experience organizations. This includes providing advice and counsel on a variety of legal issues including consumer protection, privacy, contracts, social media, and regulatory requirements. 3. Please describe the legal department at your company. AT&T has a global law department. We currently have four hundred and thirty attorneys working from ten international locations and seventy-two offices in the United States. We work on all legal matters affecting the company, including wireless and wireline operations, international operations, mergers and acquisitions, strategic planning, and general corporate matters. 4. How did your career path lead to an in-house role? I was with the Department of Justice, Antitrust Division, when an old colleague from the DOJ asked me to interview with SBC, the regional Bell company that later acquired AT&T Corp. SBC’s legal offices were across the street and the meeting was at lunch hour so it was an easy way to explore another option. The next thing I knew I had changed career paths and was in-house counsel at SBC. 5. What do you most enjoy about your work? The variety and the sophistication of the practice. It is fascinating to address legal issues in the context of a fast paced ever-changing industry. On any given day we are dealing with issues that range from basic telephone services to mobile broadband, apps, and emerging devices. It is a fascinating environment of business and technology and as attorneys we are exposed to all of it. 6. What is most challenging about your work? What’s most rewarding is also the most challenging. We need to keep abreast of the changes and apply the law to a new set of realities ever so often. 7. What has been your biggest accomplishment at your company? If history is a guide the biggest accomplishment is yet to come. My major accomplishments to date, however, have been related to my “merger integration” responsibilities. I’ve worked on several high profile acquisitions from the “SBC/ AT&T” one to the more recent Alltel transaction where we bought certain Alltel markets from Verizon. The work required in-depth knowledge of new business and product lines, analysis of novel legal issues, and significant briefings for regulators – all of which we accomplished successfully and in record time. 8. How long have you been a member of ACC-Georgia? I joined ACC-Georgia soon after I moved to Atlanta 4 years ago and have been a member since. Before that I was involved with the ACC-Texas chapter in San Antonio. 9. What are the best benefits of ACC-Georgia membership? I value the camaraderie with other corporate in-house attorneys and the informative seminars. The ACC is focused on in house counsel issues and the topics and issues invariably are relevant and timely. I also enjoy reading the ACC Docket which is packed with useful and interesting information. Now for some personal questions: • Your favorite burger is from: the Varsity? Or Flip? Can I go with spicy Thai Basil from Thai Lanna instead? • Dog person or cat person? Dog person • Morning person or evening person? 8 hour sleep person. I can go either way as long as I get my zzzz’s. • Krispy Kreme or Dunkin’ Donuts? Krispy Kreme in Washington DC where the aroma of freshly baked donuts greeted us every morning at the metro station. Dunkin Donuts in Atlanta where they have a great store right in our Midtown office building. • Boiled peanuts: thumbs up or thumbs down? Thumbs down. I grew up eating freshly roasted peanuts on cool winter days. • Favorite non-profit? Junior Achievement and Everybody Wins! Atlanta. • Favorite hobby? Travelling and hiking. • Name the actor or actress whose appearance in a movie guarantees you will go to see it. Meryl Streep. My next jaunt to the movies is to see “Hope Springs”. • If you could go anywhere in the world for free for two weeks, where would that be? I’ve been poring over the pages of countrywalkers.com for a while now because I’m fascinated by their worldwide walking tours. If you’re paying for a two week vacation I’ll pick the walking tour of Turkey. • If you were not a lawyer, what would be your alternate career path? I am a lawyer twice over. The first time was in India when I gravitated to the legal field because that’s just what we all did in my family. The second time was after I moved to the U.S. when I was excited to have a second shot at my career. After a great deal of thought (and money), however, I came full circle to what I knew and loved the most. All this to say that my choice of alternate career path is the same as my main career path. Kilpatrick Townsend Provides Timely Patent Law Updates On August 18, Kilpatrick Townsend hosted an informative seminar for the in-house counsel members of the ACC-Georgia Chapter. Wab Kadaba, a patent attorney and the Managing Partner of the Atlanta office, presented to the membership on Tuesday, August 18, 2012. This was a timely and informative presentation because of the upcoming changes for both patent owners and businesses operating in the market who may be vulnerable to the assertion of competitor patents. The Leahy-Smith America Invents Act was passed on September 16, 2011. The Act rewrites major sections of existing U.S. patent laws and harmonizes U.S. patent laws with International standards by moving to a first-to-file novelty / non-obviousness standard. The Act has wide-reaching and often immediate impact on virtually all areas of patent practice. The Act created, among other new proceedings, an inter partes review (“IPR”) procedure for challenging patent validity. On Sept. 16, 2012, IPR will eventually replace current inter partes re-examination. As a result of these sweeping changes to patent law, new battlefields have been created on which patent validity can be contested. The America Invents Act’s new inter partes review and post grant review proceedings have enabled businesses to preempt assertion of competitor patents and force reconsideration of validity before costly court litigation begins. Savvy innovators will also use these proceedings to burnish patent strength by disposing of certain validity issues before they reach the courts. Proceedings before the newly formed Patent Trial and Appeal Board promise more control, greater likelihood of success, lower risk, lower cost and less delay. The presentation reviewed both the old and new tools of the USPTO. The new tools include timing, strategic considerations and costs. In addition, Mr. Kadaba compared and reviewed ex parte reexaminations, inter partes reexaminations and post grant reviews, as well as the strategic pros and cons of each. The presentation summarized the major areas of change with this new Act and offered case studies for various scenarios. Throughout the presentation, Mr. Kadaba informed the audience exactly what a patent owner should expect during this process, as well as how these changes impact fees. The presentation offered patent owners and challengers practical approaches to make the most of these new alternatives and adapt to the new world in which they operate. Any ACC-Georgia member who would like a copy of the presentation materials should contact Lee Watts (404-7452422; lwatts@kilpatricktownsend.com) or Wab Kadaba (404-532-6959; wkadaba@kilpatricktownsend.com). 3B daily report tuesday, September 4, 2012 ac c n e w s l e t t e r Reflections on my Summer Internship by Courtney Mauge They say if you can get through the first year of law school, you can probably make it through anything. It is an experience that will challenge you and push you to limits you never thought you could reach. And when it’s all said and done, you will feel on top of the world. You will feel ready to stand in any court room and take on the next Johnny Cochran. Why stop there? You will feel like you could probably write a better dissent than Justice Scalia. In fact, you’ll probably feel pretty cocky about the fact that you can point out all the flaws in a “Law and Order” episode. That is, of course, until the day you set foot in your first legal job and realize you don’t know much about the actual practice of law. Needless to say, after learning about the ACC Internship, I immediately seized the opportunity to begin my new learning curve. The first five weeks of my internship were spent at Macy’s, and the experience flew by (but I guess that’s what happens when you’re having fun). In five weeks, I was exposed to the many different facets of what it is like to be a lawyer in a retail company. Further, I was immersed in everything Macy’s. The attorneys and staff continuously provided me with meaningful work that not only enhanced my knowledge of the law but further developed the research and analytical skills I had learned in school. I was also presented with opportunities to network and even met a few federal judges. When the five weeks came to an end, I felt like a kid leaving for college. At Macy’s, I had grown accustomed to being a part of a team and mentored by attorneys who worked hard to ensure I got the most out of my internship experience. However, I knew that a new and exciting opportunity awaited me that would further enhance my knowledge of law. Next, it was on to becoming a member of the Internap team, and I still felt like that kid who just left for college. Joining the Internap team meant being introduced to a completely different type of in-house legal life and constantly learning about the legal arenas in the fast paced world of technology. The projects exposed me to both contracts and business negotiations. Much of my time was spent revising contracts (based on input and feedback from attorneys), benchmarking various agreements, drafting cease and desist and DCMA letters, and learning what a commercial attorney really does, not only in-house but also if I was in private practice. I knew the mentorship I would gain was more than I could ever ask for when one of the attorneys put the Atlanta Business Chronicle on my desk and encouraged me to become familiar with the Atlanta corporate world. It is safe to say that I gained knowledge and experience that will set me apart from my peers. Overall, my internship experience was wonderful. To say that the 10 weeks I spent as an ACC summer intern was fulfilling would be an understatement. Not only have Courtney Mauge enjoyed her Internap internship. I gained work experience that will set me apart, but I have added two great friends to my network of upcoming attorneys (Adam and Deven), and an amazing support team of attorneys. I know what I have learned will help me achieve success and will continue to aid me in my endeavors in the legal field. Courtney Mauge has now returned to the University of Georgia School of Law for her second year of studies. Photo Gallery: Thanks to Nelson Mullins for the 8/2 CLE at Turner Field From l to r: Paul Marcela, VP-Special Programs, ACC-GA; Bruce Manno, Asst. GM & Director of Player Development, Atlanta Braves; Donna Lewis and Jason Epstein of Nelson Mullins; Martha McMillin, President, ACC-GA; Greg Heller, General Counsel, Atlanta Braves Bruce Manno explains “the Braves way”. Jon Neiditz of Nelson Mullins addresses a sellout crowd. Cocktail reception at the 755 Club. 4B daily report tuesday, September 4, 2012 ac c n e w s l e t t e r “Labor & Employment Law Update: Adapting to A Rapidly Changing Legal Landscape” September 11, 2012 11:30 a.m. – 1:45 p.m. Maggiano’s Little Italy at Cumberland Mall 1601 Cumberland Mall SE The Georgia Chapter of Association of Corporate Counsel and Fisher & Phillips LLP will present: “Labor & Employment Law Update: Adapting to A Rapidly Changing Legal Landscape”. This fast-paced, interactive presentation will cover some of the most important developments in labor and employment law impacting the workplace today. Get practical advice on how to maximize the protection of your company’s valuable assets in light of Georgia’s new law on restrictive covenants; learn how to comply with the EEOC’s and OFCCP’s increased enforcement in the areas of discrimination and Affirmative Action; understand how the National Labor Relations Act and the NLRB’s more active role affect even employers in non-union settings. Attendees will also receive a comprehensive Summary of Major Federal Labor and Employment Laws. Panelists: Jennifer Sandberg, Partner Joseph Shelton, Partner Andria Lure Ryan, Partner, Chair of the Hospitality Industry Practice Group D. Albert Brannen, Partner Attendance is limited to ACC members and their invited guests, as well as prospective ACC members. ACC membership is open to attorneys who practice law as in-house counsel employees of organizations and who do not hold themselves out to the public for the practice of law. Thanks to Fisher & Phillips, the CLE lunch program is complimentary for the first 120 ACC members who register their intention to attend on-line. Thereafter, the fee for current ACC members is $25, and, in all circumstances, $35 for non-members, including prospective members. A general CLE credit of one and half (1.5) hours is available and will be submitted to the Georgia State Bar for attendees licensed to practice in Georgia. To register go to: http://www.acteva.com//booking.cfm?bevaid=232906. Please be sure to register under the first member registration to take advantage of the complimentary attendance. After the 120 free spaces have been filled, you will be asked for credit card information. No refunds will be provided for cancellations but credit can be applied to a future 2012 ACCGeorgia program. Walk-ins are accommodated subject to space availability and must pay by check at the door. If you have registered and are unable to attend, please notify Lisa Smith by e-mail at laotsu@bellsouth.net as soon as possible so that your space is available for another member.