Arms of Court Panel: What We Do and Why We Do It

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1 Arms of Court Panel: What We Do and Why We Do It Click on any item to view associated materials Biographies of Speakers Moderator: Bruce E. Jameson, Esquire, Prickett Jones & Elliott, P.A. Bunny Christopher, Executive Director, Lawyers Fund for Client Protection Richard K. Herrmann, Esquire, Morris James LLP Margot R. Millar, Executive Director Commission on Continuing Legal Education Kelly A. Phillips Parker, Esquire Board of Bar Examiners of the Supreme Court of Delaware Benjamin A. Schwartz, Esquire, Schwartz & Schwartz Program Materials * Program Materials * The forms included herein are samples only and may not be appropriate for any particular matter.

2 BRUCE E. JAMESON has been a lawyer at Prickett Jones & Elliott, P.A. since 1991, and a director since His practice focuses on corporate and commercial litigation in the Delaware Court of Chancery. He currently serves as the Chair of the Delaware Board of Bar Examiners, and is a member of the Commission on Law & Technology. Mr. Jameson is also a member of the Corporation Law Council of the Delaware State Bar Association, which regularly reviews and proposes updates to the Delaware General Corporation Law. He is a 1990 graduate of the University Of Pittsburgh School Of Law. For more information visit: , v. 1

3 Since 1987, Bunny Christopher has been a part of the Delaware State Courts; working as the assistant to the Chancellor of the Court of Chancery and as an assistant to the Chief Justice of the Supreme Court of Delaware. Although Ms. Christopher is not a member of the Delaware Bar, at the request of the five Supreme Court Justices she became the Executive Director of the Lawyers Fund for Client Protection in Since becoming the Executive Director she has been instrumental along with the LFCP auditor in providing CLE credit in Enhanced Ethics for attendance at seminars in three counties entitled No Exceptions Compliance Audits ; has co-authored an article for The Journal and has spoken at seminars for the Small Firms and Solo Practitioners section of the Delaware State Bar Association and Delaware Paralegal Association. In June 2017, Ms. Christopher was a speaker at the 33 rd National Forum on Client Protection in St. Louis, MO.

4 Richard K. Herrmann Partner T: F: Delaware Avenue, Suite 1500 PO Box 2306 Wilmington, DE Richard K. Herrmann is a litigator and a member of Morris James Intellectual Property and Business Litigation Groups. He handles many forms of complex litigation, including intellectual property, commercial litigation, and technology litigation, and he has practiced patent litigation in the District of Delaware for more than twenty five years. Representative Clients Apple Interdigital Chrysler LG Electronics Ford Novartis Hospira Research in Motion Richard also assists other law firms on behalf of their clients, including Finnegan Henderson, Hovey Williams, Jenner & Block, Kirkland & Ellis, O Melveny & Myers, Paul Hastings, Shook Hardy, Sidley Austin, Winston & Strawn, and others. ediscovery Richard is particularly adept with technology and possesses broad understanding of its capabilities as applied to discovery in litigation matters. He has been a driving force in the development of Morris James respected ediscovery Practice Group. He teaches Electronic Discovery for the National Judicial College and Widener University School of Law, as well as a course entitled Technology Augmented According to IAM Patent 1000, "Senior attorney Richard K Herrmann relishes the challenges of complex litigation; his mastery of even the trickiest disputes makes him a pleasure to work with. While the expertise of its crack litigation squad is expansive, pharmaceuticals, electronics and mechanics are particular fortes; the team definitely has connections." Practice Areas Business Litigation ediscovery Intellectual Property Litigation Blog(s) Delaware Patent Litigation Report Honors Best Lawyers, 2015 "Lawyer of the Year" for Information Technology Law Delaware Today "Top Lawyers," IAM Patent 1000: The World s Leading Patent Practitioners, Chambers USA - Recognized for Intellectual Property Law,

5 Richard K. Herrmann (Continued) Practice Management at William and Mary Law School. He is on the Executive Committee of the Richard Herrmann Technology Inn of Court. Mediation Remote Richard is Chair of Mediation Remote, a select panel of lawyers providing remote mediation services in ediscovery via desktop video teleconferencing. Professional Affiliations ediscovery Mediator, Bankruptcy Court for the District of Delaware Rules of Evidence Advisory Committee, Delaware Supreme Court Delaware Supreme Court Commission on Continuing Legal Education, Chair Delaware State Bar Association Technology Committee, Chair Computer Law Section, Former Chair Best Lawyers, Delaware Super Lawyers, Benchmark Litigation, Named as a Top Litigation Practitioner, Recipient of the Daniel L. Herrmann Professional Conduct Award, 2009 Admissions Delaware, 1971 United States District Court, District of Delaware Education Syracuse Law School, J.D., cum laude, 1971 Syracuse University, B.S., With Honors, 1969 Richard K. Herrmann Technology Inn of Court, Executive Committee United States District Court Technology Committee, Co-chair Advisory Committee Ad Hoc Committee, Responsible for drafting the Court's Electronic Discovery Default Standard Recent Matters Novartis Vaccines & Diagnostics Inc. v. MedImmune LLC, et al. Patent infringement biomedical technologies LG Electronics U.S.A., Inc. v. Whirlpool Corp. Patent infringement refrigerator technology MobileMedia Ideas LLC v. Apple Inc. Patent infringement telecommunications Medicines Company v. Hospira, Inc. Patent infringement biomedical technologies Apple Inc. v. High Tech Computer Corp., Patent infringement telecommunications

6 Richard K. Herrmann (Continued) Starhome GmbH v. AT&T Mobility LLC, et al. Patent infringement telecommunications Summit Data Systems LLC v. EMC Corporation, et al. Patent infringement computer storage Golden Bridge Technology Inc. v. Amazon.com Inc. et al. Patent infringement - telecommunications Articles & Publications Morris James Team is Editor-In-Chief and a Co-Authors of a New ANDA Litigation Book Published by the American Bar Association May 21, 2012 Tips on Technology Delaware Bar Journal How Technology Has Changed Our Practice of Law March 30,

7 Margot R. Millar Margot R. Millar has been the Executive Director for the Delaware Supreme Court s Commission on Continuing Legal Education since November, Previous to this position, she was the Office Administrator for the Office of Disciplinary Counsel ( ODC ) for 21 years. While still with the ODC, Ms. Millar was a speaker at the 2006 National Legal Assistants Conference, addressing ethical issues faced by support staff. Since taking the CLE Executive Director position in 2006, Ms. Millar has worked with the Commission and the Court to implement changes in policy and procedure, resulting in more readily available quality CLE and more timely processing of program applications and credit requests from attorneys. During the past 11 years, changes were made to the policy and rule regarding CLE credit for pro bono service, extending that credit to attorneys volunteering legal services at outreach events such as Wills for Heroes and Wills for Seniors, as well as providing the Commission with more discretion in determining eligibility of pro bono services for CLE credit. The CLE Rules were completely revised in 2015 and became effective on January 1, She continues to look for ways to improve the availability of quality CLE programs and ways to assist attorneys in remaining compliant with their CLE obligations. Ms. Millar is a member of the national organization of CLE regulators ( CLEreg ) and has been a speaker at several CLEreg conferences addressing issues such as attorney substance abuse and working with other arms of the court (ODC, LFCP) to assist members of the Delaware bar. Ms. Millar currently serves as President of CLEreg, in addition to working on that organization s membership, finance and conference planning committees. Ms. Millar was born in Bryn Mawr, Pennsylvania and has lived in Newark, Delaware since She has served on committees for several volunteer organizations over the years.

8 Commission on Continuing Legal Education of the Supreme Court of Delaware The Renaissance Centre 405 N. King Street, Suite 420 Wilmington, Delaware Richard K. Herrmann, Esquire, Chair Kevin F. Brady, Esquire, Vice-Chair The Honorable Andrea L. Rocanelli Abby L. Adams, Esquire Jill Agro, Esquire Tarik J. Haskins, Esquire Bindu A. Palapura, Esquire Margot R. Millar Executive Director TO: FROM: New Applicants to the Delaware Bar Margot R. Millar DATE: November 16, 2017 RE: Delaware Mandatory Continuing Legal Education ( MCLE ) As Executive Director of the Commission on Continuing Legal Education ( Office ), I would like to extend to you my congratulations on passing the Delaware Bar Examination and soon becoming a member of the Delaware Bar. I would also like to take this opportunity to familiarize you with this Office and your mandatory continuing legal education ( CLE ) obligations that begin once you are sworn in as a member of the Delaware Bar. This Office is an Arm of the Delaware Supreme Court charged with regulating attorney compliance with the mandatory CLE obligations and ensuring that program providers offer high-quality programs that are eligible for Delaware CLE credit. In Delaware, each attorney is assigned a two-year compliance period during which you must complete 24 CLE credits including (not in addition to) 4 enhanced ethics credits. Credits are based on a 60- minute credit hour. For clarification, enhanced ethics simply includes programs addressing topics such as professionalism and civility and any ethics credit that has been approved for DE CLE credit is considered enhanced ethics. At the end of the two-year compliance period you will also be required to verify your CLE transcript within the time period proscribed. Your compliance period will be determined by your year of admission. If you are admitted in an odd year, your compliance period will end in an odd year. If you are admitted in an even year, your compliance period will end in an even year. Therefore, if you are admitted at the December 2017 Admission Ceremony, your first two-year compliance period will begin on January 1, 2018 and end on December 31, Your transcript verification will be due to this Office between February 1 and March 31, If you are admitted at one of the Admission Ceremonies held in 2018, your first two-year compliance period will begin on January 1, 2019 and end on December 31, Your transcript verification will be due to this Office between February 1 and March 31, You will receive notice from this Office when your transcript verification period begins. Regardless of which year you are actually admitted to the Bar, credits earned at the 2017 Pre-Admission Conference will apply to your first two-year compliance period. This is the only CLE credit earned before admission that will be applied to your transcript.

9 In addition to the aforementioned requirements, within your first two compliance periods (i.e., the first 4 years) Newly Admitted Attorneys, defined as attorneys admitted to the Delaware Bar after December 1, 2015, must attend all seven (7) Fundamentals programs offered through the Delaware State Bar Association. These include: Fundamentals of Lawyer-Client Relations; Fundamentals of Family Law; Fundamentals of Real Estate; Fundamentals of Civil Litigation; Fundamentals of Will Drafting and Estate Administration; Fundamentals of Criminal Law and Procedure; and Fundamentals of Law Practice Management and Technology. Only Fundamentals programs offered by the Delaware State Bar Association satisfy this requirement. Each Fundamentals program is typically offered live one time per year so I encourage you to contact them early for their schedule. (Monitored video replay and ecle attendance for the Fundamentals programs is allowed but not recommended.) Attendance at these Fundamentals programs shall be credited towards your mandatory CLE obligation. You may earn as many CLE credits as you like, however the maximum allowed carryover from one two-year compliance period to the next is 20 CLE credits. Ethics credits must be earned during each two-year compliance period and therefore will not carry over as ethics credits to the next compliance period, but they will carry over as regular CLE credits. You can earn CLE credit through several venues: live program attendance; in-house program attendance; monitored video replay; e-cle (online and telephonic) program attendance; presenting or moderating at a CLE program (uncompensated); published legal writings (uncompensated); participation in Mock Trial Competitions and Moot Courts; professional work with certain Court-appointed committees (uncompensated); and pro bono service. Credit for pro bono service is restricted to 6 credits per two-year compliance period and is calculated at the rate of 1 credit per 6 hours of service. You must earn at least 12 of your 24 CLE credits in any two-year compliance period through traditional live (in-person) programming. There are multiple ways to receive credit for your CLE attendance. If you attend a CLE program that has been pre-approved by this Office, you need only sign in with your name and Delaware Bar ID number and follow any additional instructions by the Provider. The Provider will report your attendance directly to this Office. If you attend a program that has not been pre-approved by this Office, you can still request CLE credit by submitting a Form 4 application to this Office (with copies of the program agenda and attendance certificate attached). If you are requesting CLE credit for activities other than program attendance, the forms are available online at or you may request them from this Office. All of your applications for CLE credit may be submitted online through the Delaware Supreme Court s Lawyer Management System ( System ) ( under the CLE Details tab. You will be assigned a username and a default password to access the System after you have been admitted to the Bar so that you may access and maintain your attorney profile. I strongly recommend that you change your password after your initial log-in to one that you will remember. In addition to this information, the CLE Rules can be found at Online application and transcript access is available through the Delaware Supreme Court s Lawyer Management System at You should also feel free to contact me with any CLE questions or concerns at or at margot.millar@state.de.us. I am happy to be of assistance. On behalf of the Commission on Continuing Legal Education, we look forward to welcoming you to the Delaware Bar! /mrm 2