RECORD Delaware Chapter of the Federal Bar Association

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1 Spring Fall Delaware RECORD Delaware Chapter of the Federal Bar Association President s Message As we (finally) enter Spring, we look back on an eventful Winter and some exciting programs ahead. The past few months have been extremely busy for the Intellectual Property Section. In January, the IP Section hosted our annual IP Dinner at the Hotel DuPont. Over the past five years, the Annual Dinner has grown from a small gathering into a huge event. Section Co-Chairs Martina Tyreus Hufnal and Andrew Mayo worked tirelessly with Judge Sue L. Robinson and the Court to plan the dinner and the accompanying program. We are extremely grateful for their efforts. A recap of the event, along with some photographs, is included within the Newsletter. But the IP Section is not finished with hosting big events. On Tuesday, May 13, 2014, the IP Section will host a major luncheon and CLE event in the Gold Ballroom at the Hotel DuPont. The event, which is described in greater detail within the Newsletter, will feature a Keynote Address by Hon. Randall R. Rader, Chief Judge of the United States Court of Appeals for the Federal Circuit; an address by Hon. Leonard P. Stark regarding the status of the District Court s Patent Study Group; and Trial Court and Appellate Court panel discussions, featuring members of our District Court, the United States Court of Appeals for the Federal Circuit, the United States Court of Appeals for the Third Circuit, and the United States District Courts for the Eastern District of Texas and the Northern District of California. In addition to important IP events taking place within our District, we also celebrate in this Newsletter a special award that one of our District Court Judges received recently in New York. On March 28, 2014, Chief Judge Gregory M. Sleet received the Annual Outstanding Public Service Award from the New York Intellectual Property Law Association (NYIPLA) at the NYIPLA s 92nd Annual Dinner in Honor of the Federal Judiciary. This year s dinner featured over 2,600 members and guests, including members of the federal judiciary from Delaware and across the country, and many members of the Delaware FBA. The FBA is proud of Chief Judge Sleet s service to the Bench and Bar and congratulates him on this tremendous accomplishment. Finally, I am pleased to announce that our Annual Luncheon will take place on June 11, 2014, in the Gold Room at the Hotel DuPont. More information on the event will be forthcoming over the next few weeks. We also expect to announce a number of additional FBA events for the remainder of the year. As always, the Executive Board is grateful for the remarkable support that we receive from the Court. Best wishes to all of our members for a great Spring! G Robert Rocky Kravetz President, Delaware Chapter of the FBA BOARD MEMBERS Delaware Chapter of the FBA President Robert F. Kravetz Vice-President Stephen B. Brauerman Secretary Kelly E. Farnan Treasurer Jeffrey T. Castellano Past-President Karen E. Keller National Delegate David E. Moore Membership Paul Saindon Younger Lawyers Jennifer L. Hall New Members Beth Moskow-Schnoll Publications Kenneth L. Dorsney Bankruptcy Section Co-Chairs: Curtis S. Miller Douglas D. Herrmann Civil Panel Co-Chairs: Susan M. Coletti Stephanie E. O Byrne Criminal Law Section: Edson A. Bostic Shawn A. Weede IP Section Co-Chairs: Andrew C. Mayo Martina Tyreus Hufnal

2 Spring 2014 Practice Notes CONGRATULATIONS TO CHIEF JUDGE SLEET On March 28, 2014, Chief Judge Gregory M. Sleet received the Annual Outstanding Public Service Award from the New York Intellectual Property Law Association (NYIPLA) at the NYIPLA s 92nd Annual Dinner in Honor of the Federal Judiciary. Since 2003, the NYIPLA has awarded the Outstanding Public Service Award to a member of the Federal Judiciary who has provided an extraordinary level of public service. Chief Judge Sleet is only the Fourth District Judge and the first outside the Southern District of New York to receive this distinguished honor. NYIPLA President Charles Hoffman presented Chief Judge Sleet with the award during a dinner at the Waldorf Astoria New York hotel that was attended by over 2,600 people, including numerous members of the Federal Judiciary from across the country. He shared the dais with Keynote Speaker Ken Starr, the President and Chancellor of Baylor University. Chief Judge Sleet is a native New Yorker and a graduate of Hampton University and the Rutgers University School of Law. He has enjoyed a long and successful career as a public servant, serving as a Deputy Attorney General for the State of Delaware; an Assistant Public Defender with the Defender Association of Philadelphia; the United States Attorney for the District of Delaware; and United States District Judge for the District of Delaware, where he has served as the Chief Judge since July 1, Chief Judge Sleet currently holds an adjunct teaching position at Widener University School of Law, and he has been involved in numerous bench and bar activities throughout his career. In particular, Chief Judge Sleet has been an outstanding supporter of the FBA and has participated in numerous FBA events. We congratulate Chief Judge Sleet on his well-deserved recognition! G DISTRICT COURT ADMISSION CEREMONY On January 16, 2014, the District Court welcomed new admittees to the bar with the annual Attorney Admission Ceremony. The entire District Court participated in the ceremony, as Chief Judge Gregory M. Sleet administered the attorney s oath to forty-three new attorneys. FBA President Robert F. Kravetz participated in the event as a speaker and urged the new admittees to join the FBA and to become involved in the unique partnership that we share with the District Court. Prior to the Admission Ceremony, the FBA sponsored a program entitled Introduction to Practice in the District Court of Delaware. The program featured a discussion by the Honorable Christopher J. Burke, United States Magistrate Judge, and David C. Weiss, First Assistant United States Attorney, regarding practicing before the District Court. The FBA congratulates the new admittees for their accomplishments and welcomes them into the practice of federal law in Delaware! G 2 DelawareRECORD

3 Practice Notes Spring 2014 Event: UPCOMING INTELLECTUAL PROPERTY SECTION LUNCHEON & CLE The Intellectual Property Section of the FBA will host an unprecedented luncheon and CLE program at the Hotel DuPont, featuring the participation of judges from the United States Court of Appeals for the Federal Circuit; the United States Court of Appeals for the Third Circuit; the United States District Court for the District of Delaware; the United States District Court for the Eastern District of Texas; and the United States District Court for the Northern District of California. The event, which will take place on Tuesday, May 13, 2014, from 12:30 p.m. 5:30 p.m. in the Gold Ballroom at the Hotel DuPont, will feature a luncheon and the following expected program: A Keynote address by Hon. Randall R. Rader, Chief Judge of the United States Court of Appeals for the Federal Circuit; An address by Hon. Leonard P. Stark regarding the status of the District Court s Patent Study Group; A District Court Judicial Panel featuring the entirety of the United States District Court for the District of Delaware, Hon. Leonard E. Davis (E.D. Texas), and Hon. Paul S. Grewal (N.D. Cal); and An Appellate Court Judicial Panel, featuring Chief Judge Rader, Hon. Timothy B. Dyk, and Hon. Kent A. Jordan. (Note that the FBA Section is working with the Court to finalize the program and the topics of discussion. The current, anticipated roster of participants is set forth above and may be subject to change, given Court responsibilities, as we get closer to the event). Given the expected demand of the program, the event is currently limited to FBA members. We encourage FBA members to pass along information regarding joining the FBA to non-members, which is available on the FBA website: Membership/Membership-Categories.aspx. The cost of the event, including lunch, is $30 per person. For further information, please contact IP Section Co-Chair Andrew C. Mayo at amayo@ashby-geddes. com. G DELAWARE FBA SELECTED TO SPONSOR CLE PROGRAM AT FBA NATIONAL CONVENTION IN SEPTEMBER Our Chapter is pleased to announce that we have been selected to sponsor a CLE program at the FBA s National Convention in Providence, Rhode Island, which will take place September 4-5, The CLE program will focus on our Chapter s unique Federal Trial Practice Seminar ( FTPS ), an intensive trial seminar program that takes place on a biennial basis. The program will consist of a panel comprised of the FTPS s Advisory Committee, which includes retired United States District Judge Joseph J. Farnan, Jr.; United States Magistrate Judge Christopher J. Burke; First Assistant United States Attorney David C. Weiss; and a recent graduate of the FTPS. The panelists plan to discuss the genesis of the program; its development over the past several years; their efforts to recruit nationally-renowned practitioners (including Fred Bartlit, David Boies, Tom Lauria, Bill Lee, Frank Scherkenbach, and others) to commit to FTPS events; and the lessons imparted by the FTPS s distinguished faculty. We are honored that the proposed program was selected for inclusion at the FBA National Convention, and we look forward to sharing the FTPS program with our FBA colleagues across the country. The Executive Board extends special thanks to FBA National Delegate Dave Moore, who spearheaded our Chapter s efforts to apply for the CLE event! G NOTICE REGARDING CM/ECF and PRESENTENCE INVESTIGATION REPORTS Parties in criminal cases now receive Presentence Investigation Reports (PSRs) via CM/ECF. Counsel are reminded that the parties are only able to review the PSR via CM/ECF on one occasion after the PSR is disclosed electronically. The United States Probation Office suggests that counsel (or counsel s assistant) print and save the report immediately upon review, as the PSR will not be available for further viewing via CM/ECF. G Delaware Chapter of the Federal Bar Association 3

4 Spring 2014 Practice Notes ANNUAL INTELLECTUAL PROPERTY DINNER ~ Andrew C. Mayo On January 28, 2014, the Intellectual Property Section hosted its annual IP dinner at the Hotel DuPont. The annual dinner has historically provided an excellent and unique opportunity to gather for a social event and discuss current intellectual property topics of interest. This year was no exception, as the IP Section was fortunate to have all seven judges from the United States District Court in attendance, as well as a number of District Court clerks. Additionally, over 100 intellectual property practitioners attended, including several from across the country despite frigid January weather! During dinner, United States District Judge Leonard P. Stark spoke about the ongoing efforts of the Court s Patent Study Group, which was recently initiated to explore issues relating to the practice of patent litigation and to develop best practices in the District. Following dinner, United States District Judge Sue L. Robinson moderated an informative discussion, which touched on a number of topics, including the role of Delaware counsel in various disputes that are raised with the Court for resolution. The Intellectual Property Section extends its thanks to everyone who made the event such a great success. G 4 DelawareRECORD

5 Practice Notes Spring 2014 CLERK S OFFICE SPOTLIGHT: Greyhound Rescue ~ Kenneth L. Dorsney The wonderful folks we interact with daily at the Clerk s Office in the District of Delaware not only provide us with prompt and excellent service, but also serve the larger community in many different ways in their personal lives. They do not receive enough thanks for their efforts. We shine the spotlight here on Robert Cruikshank for the work he has done over the years to rescue greyhounds. Bob became interested in greyhounds in 2006 while visiting his brother in Florida. He met some folks during the trip that had adopted a few retired greyhounds from the Florida racetracks and was amazed by the calm and docile nature of these regal dogs. In 2007, he adopted his first two greyhounds, Tommy and Gracie, from a Maryland group called Greyt Expectations Greyhound Rescue. Bob went on to volunteer with the group over the next five years to save retired greyhounds by meeting with haulers in the early morning hours to pick up greyhounds, bathe them, groom them, microchip them, and help any approved adopters find a suitable greyhound match. He coordinated meet-andgreets at pet stores and outdoor events in Delaware and Maryland and started fostering greyhounds. Over the past seven years, he has fostered over thirty-three greyhounds. As a foster parent, Bob helps transition greyhounds from a life of racing to a life as a family pet. According to Bob, greyhounds are very gentle, quiet animals, who make great pets. They do not bark and they do not shed. They make perfect apartment dogs and companions for the elderly. People often mistakenly think that because greyhounds are former race dogs, they need a lot of exercise. Nothing is further than the truth. They sleep eighteen to twenty hours daily, causing Bob to remark that they are forty-five mile an hour couch potatoes! Despite misconceptions to the contrary, Bob says that greyhounds generally get along fine with cats and are great with kids. They also are not susceptible to the kinds of ailments often seen with purebred dogs, like hip dysplasia from inbreeding, and are typically very healthy even years after careers in racing. Greyhounds are sight-hounds, however, and will chase small prey on sight. Therefore, they can never be let off a leash except in an enclosed area; otherwise, they would be in the next county before you ever catch them! Bob recommends that anyone thinking of adopting a greyhound have a fenced-in yard at least four foot high. Look for Bob in May, at Dover Days, May 3 and 4th. He will be working the GPA Delaware booth there and is currently fostering a sweet new girl greyhound for adoption. For more information about adopting a greyhound, please visit the Greyhound Pets of America, Delaware Chapter website at: G Bob is pictured here with two of his fostered greyhounds. Please Ken Dorsney if you wish to submit a practice article, news, event, pictures, etc. Kenneth L. Dorsney, Esquire Publications Committee Chair kdorsney@morrisjames.com Delaware RECORD