1. EXECUTIVE SUMMARY Please identify the key achievements of your committee since the start of the bar year.

Transcription

1 Antitrust Litigation Committee PROGRESS REPORT June 8, 2012 Submitted by: D. Alicia Hickok Joel Christie Drinker Biddle & Reath LLP Federal Trade Commission One Logan Square, Ste Pennsylvania Ave., NW Philadelphia, PA Washington, DC (215) (202) Co-Chair Co-Chair 1. EXECUTIVE SUMMARY Please identify the key achievements of your committee since the start of the bar year. We have replaced key chairs and gotten the Committee back on track in most areas. Our publication outline was approved in early 2012, the project is fully staffed and writing is nearing completion. We expect to submit the draft monograph to ABA Book Publishing in July. Our website content is updated regularly, with features for young lawyers, news and developments, and Circuit Notes. Our newsletter for Summer 2012 is ready for publication, and we have lined up four authors for articles relating to Sports and Antitrust Law for a Fall 2012 issue. We are working with Navigant on the possibility for creating a teleconference or other program based on the Sports and Antitrust Law subject matter. 2. UPDATE ON PROGRESS ON GOALS For each of your committee s Goals established in your 3 year plan, please provide a status report on your progress toward achieving that goal. If the goal has been achieved, please state the completion date and how achieving the goal affected the operations of your committee. Please organize your discussion of top goals into the appropriate category below. Completion Discussion Date Membership Ongoing We have a new membership chair. He sends welcome letters regularly, and alerts the Co-Chairs to members interested in more active participation.

2 Content Ongoing Publications and website have been the most consistent content sources. We are working on implementing a newsletter pipeline process, and are on track to publish two newsletters in 2012, and possibly a third by December Our newly minted membership chair has started using ListServs to establish more regular contact with current members. Programming Begun in Spring - ongoing Our new programming chair has reviewed several proposals and is working to develop the most promising one into a teleconference or similar format this Fall. Committee Organization Calls were switched this Fall. Participation in regular conference calls is much better since the switch to the second Wednesday of the month. Subcommittee chairs and members who are unable to attend let us know in advance, and some provide activity reports for us to share with the Committee. In addition, we have started the practice of sending out a brief summary of the call afterwards. Diversity Ongoing, with concentrated efforts this Fall We are working with programming and membership (both of which have new chairs) to develop diversity initiatives. Other

3 3. DEVELOPING A DIVERSE LEADERSHIP PIPELINE-- Please provide a list of the subcommittee chairs of your committee and indicate whether they are within any of the ABA Goal III diversity characteristics. Expand the table as necessary to include all subcommittee chairs, or provide an attachment with the requested information. If you need information from your subcommittee chairs to complete the chart below, you can use the Diversity Information Request Form, available on the Leadership Reference Library where you found this Progress Report form. Note that providing the information to the ABA is voluntary, as the form itself notes. Name, Firm/Entity Affiliation, City Chanda Miller, Drinker Biddle, Philadelphia John Bogart, Telos Ventures, Salt Lake City Michael De Leeuw, Fried Frank, New York John Rue, White & Case, New York Cliff Blair, White & Case, New York Ethnicity (African American, Asian Pacific, Caucasian, Hispanic, Native American, do we need an other category?) Caucasian Caucasian Caucasian Caucasian Caucasian F Male or Female M M M M Disabled LGBT 4. MEMBERSHIP RECRUITMENT DRIVE -- State whether you have completed or scheduled your committee membership recruitment drive in coordination with the staff Membership & Marketing Unit and, if so, when the drive is scheduled or was completed. Also please explain how and what you identified as your target market(s). If completed, how many new committee members joined your Committee as a result of the drive? Deleted: We are considering more targeted recruitment efforts for We have had a couple of responses to our outreach efforts through ListServs, but only a few, and while they are geographically more diverse, they are Caucasian males. We are offering those people opportunities to write as ways to draw them in more fully to the firm.

4 5. OPPORTUNITIES FOR COORDINATION/COLLABORATION Please identify any areas where the work of your committee can be coordinated, or done in collaboration, with other Section committees or task forces. We are seeking to identify a Committee to co-author a joint newsletter and/or article(s) with us. 6. NEEDED RESOURCES Please identify any resources or assistance you need to improve the work of your committee. We need assistance in developing greater diversity in our committee; is there any way that we can target? 7. SECTION ANNUAL CONFERENCE Please provide the following information about activities of your Committee at the 2012 Section Annual Conference in Washington, DC: a. How many subcommittee chairs attended: Michael de Leeuw (website); John Rue (programming), and Cliff Blair (membership) attended SAC this year. Chanda Miller (newsletter) had just given birth and could not attend; John Bogart (publications) also could not attend. Both have attended other SACs. Both co-chairs attended as well. b. Did your Committee hold a business meeting at the 2012 Section Annual Conference? No. If yes, how many people attended the business meeting? Will your committee hold a business meeting at the 2013 Section Annual Conference in Chicago? No. c. Did your Committee hold any sort of networking event (not including the Expo and the Networking Luncheons) at the 2012 Section Annual Conference? Yes. If yes, describe the event and state how many people attended. We had dinner together as a Committee on Thursday evening. In addition, we met after the content meeting and most of the people helped staff the Committee expo booth. Do you plan to hold such an event at the 2013 Section Annual Conference? Yes. 8. OTHER INFORMATION WE SHOULD KNOW Please state any other information your Division Director(s), Managing Directors, Officers, Council or Staff should know about your Committee s work since the start of the bar year. The Committee has made several attempts to expand its core leadership base, but the only efforts that have been really successful have been personal outreach efforts (Cliff became involved in

5 the Committee through John, and Chanda through Alicia). In other instances, people will express an interest, but will not follow through. As a result, the Committee is seeking to accomplish all of its tasks through the efforts of a very few people.

6 BANKRUPTCY AND INSOLVENCY LITIGATION COMMITTEE PROGRESS REPORT May 2012 Submitted by: Name Brett G. Harrison Deborah Williamson Address McMillan, LLP Cox Smith Matthews Incorporated Brookfield Place Suite E. Pecan, Suite 1800 Bay Wellington Tower 181 Bay Street San Antonio, Texas Toronto, Ontario M5J 2T3 Canada Phone (416) (210) Co-Chair Co-Chair 1. EXECUTIVE SUMMARY Please identify the key achievements of your committee since the start of the bar year. In May, we submitted a proposed outline of issues related to bankruptcy litigation which may be used as a template for other Committees. Since the start of the bar year, the BIL Committee has published an issue of the Journal and has the content for the Winter Issue. We are on track to publish four issues of the Newsletter. Our review by the Content Editors was generally positive for both the Newsletter and the Website. We have strengthened the diversity of the leadership and the roles of the committee leadership have become more defined. We have quarterly calls with all members as well as monthly calls with the BIL Committee leadership. We developed three distance CLE proposals, which are on hold at the Section level due to changes in the structure of CLE in the future. We organized an informal meeting with members of the American Bankruptcy Institute during the Section Annual Meeting to generate interest in the committee. We have also prepared and sent a Section wide to encourage Section members to join our committee. Through this, and other outreach efforts, we have managed to significantly increase our committee membership. 2. UPDATE ON PROGRESS ON GOALS For each of your committee s Goals established in your 3 year plan, please provide a status report on your progress toward achieving that goal. If the goal has been achieved, please state the completion date and how achieving the goal and how doing so affected the operations of your committee. Organize your discussion of top goals into the appropriate category below. 6/14/2012 4:04 PM MBDOCS_

7 Membership Completion Date September 2011 Discussion We have created diversity in the Committee by increasing the number of subcommittees and other leadership positions. Content August 2012 As stated previously, there will be four issues of the Newsletter, been updated and expanded. Programming March 2012 The Committee submitted three proposed distance learning programs which are on hold at the Section level. The Committee also submitted a proposal for SAC, which was not accepted. Committee Organization September 2011 The Committee has expanded the number of subcommittees, as discussed above. The leadership structure has been reorganized. The leadership has been provided with written guidelines as to expectations, duties and responsibilities. Leadership Pipeline March 2012 We submitted ten names for consideration for future leadership and/or additional leadership opportunities either in the BIL Committee and/or the Section. Diversity September 2011 We added a Diversity Subcommittee. 3. DEVELOPING A DIVERSE LEADERSHIP PIPELINE Provide a list of the subcommittee chairs of your committee and indicate whether they are within any of the ABA Goal III diversity characteristics. Expand the table as necessary to include all subcommittee chairs, or provide an attachment with the requested information. If you need information from your subcommittee chairs to complete the chart below, you can use the Diversity Information Request Form, available on the Leadership Reference Library where you found this Progress Report form. Note that providing the information to the ABA is voluntary, as noted on the form. Name, Firm/Entity Affiliation, City Ethnicity (African American, Asian Pacific, Caucasian, Hispanic, Native American) Male or Female Brett Harrison, McMillan; Toronto, Ontario Caucasian Male Deborah Williamson, Cox Smith; San Antonio, TX Caucasian Female Bob Fishman, Shaw Gussis Fishman Glantz; Chicago, IL Caucasian Male Disabled LGBT MBDOCS_

8 MBDOCS_ Name, Firm/Entity Affiliation, City Ethnicity (African American, Asian Pacific, Caucasian, Hispanic, Native American) 3 Male or Female Jay Geller, Berstien Shur; Portland, ME Caucasian Male Ford Elsaesser, Elsaesser Jarzabek; Sandpoint, ID Caucasian Male Debbie Langehennig, US Trustee s Office; Austin, TX Caucasian Female Richardo Kilpatrick, Kilpatrick & Associates; Auburn Hills, MI African American Male Mark Leipold, Gould & Ratner; Chicago, IL Caucasian Male Demetra Liggins, Thompson & Knight; Houston, TX African American Female Lisa Brost, McMillan, LLP; Toronto, ON Caucasian Female Dan DeFranceschi, Richards Layton & Finger; Wilmington, DE Caucasian Male Jim Menton, Peitzman Weg & Kempinsky; Los Angeles, CA Caucasian Male Steve Lecholop, Cox Smith; San Antonio, TX Caucasian Male Camisha Simmons, Fulbright & Jaworski; Dallas, TX African American Female Mark Platt, Fulbright & Jaworski; Dallas, TX Caucasian Male Melissa Hinds, Jenner & Block; Chicago, IL Caucasian Female Michael Krauss, Faegre Baker Disabled Daniels; Minneapolis, MN Male Debra Innocenti, Oppenheimer Blend; San Antonio, TX Caucasian Female Erik Weiting Hsu, Winstead PC; Dallas, TX Asian Pacific Male Eric Winston, Quinn Emanuel; Los Angeles, CA Caucasian Male Charles Beckham, Haynes and Boone; Houston, TX Caucasian Male Aram Ordubegian, Arent Fox; Los Angeles, CA Caucasian Male Ron Peterson, Jenner & Block; Chicago, IL Caucasian Male William Katchen, Duane Morris; Newark, NJ Caucasian Male Kerry Moynihan, Holme Roberts; Los Angeles, CA Caucasian Female Omar Alaniz, Baker Botts; Dallas, TX Hispanic Male Yes Kerriann Mills, Sidley Austin; Chicago, IL Female David Weinstein, Holme Roberts; Los Angeles, CA Caucasian Male Shaya Berger, Dickstein Shapiro; New York, NY Caucasian Female LGBT

9 Name, Firm/Entity Affiliation, City Ethnicity (African American, Asian Pacific, Caucasian, Hispanic, Native American) Male or Female Paul Ellis, Butler Snow; Jackson, MS Caucasian Male Disabled LGBT 4. MEMBERSHIP RECRUITMENT DRIVE State whether you have completed or scheduled your committee membership recruitment drive in coordination with the staff Membership & Marketing Unit and, if so, when the drive is scheduled or was completed, how and what you identified as your target market(s); and if completed, how many new committee members joined your Committee as a result of the drive. As stated above, we have sent a Section wide recruitment and organized an event with the American Bankruptcy Institute to try to draw members from that organization. 5. OPPORTUNITIES FOR COORDINATION/COLLABORATION please identify any areas where the work of your committee can be coordinated, or done in collaboration, with other Section committees or task forces. We have appointed a sub-committee whose primary duties are the coordination and collaboration with other bankruptcy or insolvency related committees and task forces. 6. NEEDED RESOURCES please identify any resources or assistance you need to improve the work of your committee. The BIL Committee believes that it can provide quality distance learning. We could use additional information as to the process for getting proposals approved and implemented. 7. SECTION ANNUAL CONFERENCE Please provide the following information about activities of your Committee at the 2011 Section Annual Conference: a. How many subcommittee chairs attended: 1 of the committee s 18 subcommittee chairs attended the 2012 Section Annual Conference. One of the reasons for this is that the American Bankruptcy Institute conference was at the same time, and many of our subcommittee chairs attended that conference as it focuses exclusively on their area of practive. b. Did your Committee hold a business meeting at the 2012 Section Annual Conference? Yes. If yes, how many people attended the business meeting? MBDOCS_

10 Will your committee hold a business meeting at the 2012 Section Annual Conference? Yes. c. Did your Committee hold any sort of networking event (not including the Expo and the Networking Luncheons) at the 2012 Section Annual Conference? Yes. If yes, describe the event and state how many people attended. We had a joint networking event with attendees of the American Bankruptcy Institute which was attended by about 15 people. Do you plan to hold such an event at the 2012 Section Annual Conference? No but we are planning to have either a cocktail reception or dinner event. 8. OTHER INFORMATION WE SHOULD KNOW please state any other information your Division Director(s), Managing Directors, Officers, Council or Staff should know about your Committee s work since the start of the bar year. Given our committee s substantive area of focus, we have found that our in-person programs are not well attended. We believe that distance CLE will provide the greatest benefit for our members and will draw more Section members to become members of our committee. We also believe that working with other organizations, such as the ABI and NCBJ will allow us to draw members from these organizations MBDOCS_

11 BUSINESS TORTS LITIGATION COMMITTEE PROGRESS REPORT JUNE 8, 2012 Submitted by Co-Chairs: Kenneth R. Berman Mark S. Davidson Laura McLaughlin Nutter McClennen & Fish LLP Williams Kastner Logan College of Chiro. World Trade Center West 601 Union Street 1851 Schoettler Rd. 155 Seaport Blvd. Seattle, WA Chesterfield, MO Boston, MA williamskastner.com logan.edu 1. EXECUTIVE SUMMARY Please provide an update on progress on each of the goals, objectives and initiatives identified in your Annual Plan. For meetings, state whether you are on schedule for the timetables set forth in your Annual Plan. For publications and CLE, report on the content you have delivered to members thus far and your plans for repurposing and further marketing that content. Committee leadership structure and organization Our Committee leadership roster was revised and updated in early We have a strong subcommittee structure. Our substantive law subcommittee co-chairs are responsible for soliciting and/or preparing articles published in our quarterly newsletter. We recently submitted subcommittee cochair nominees to attend the Fall Leadership meeting. Our Committee Co-Chair Laura McLaughlin also prepared and distributed a list of active members, including meeting attendees, participants in monthly conference calls, newsletter article authors and Committee leaders. We also circulate to meeting and conference call attendees lists of participants to promote interaction amongst active Committee members. Content The Committee published the winter and spring issues of the Business Torts Committee newsletter. We updated our Committee website with program materials, News and Developments, case notes and Journal articles. We recently received an excellent review of our newsletter and website from the Content Management Committee. Programming Our Committee presented three programs at the Corporate Counsel CLE in February 2012, and sponsored or co-sponsored four programs at the 2012 SAC. We

12 will also present a program at the 2012 Annual Meeting in Chicago. In addition, our recent monthly committee conference calls have included programming, most significantly, a very well received Views from the Bench program featuring the Hon. J. Michelle Childs of the U.S. District Court for the District of South Carolina. 2. UPDATE ON DELIVERY OF MEMBER BENEFITS Referring to the discussion in your Annual Plan on how the work of your committee or task force will advance goals and objectives of the Section at 40 strategic plan, provide an update on your progress to date this bar year. Goal: To be the leader in promoting and enhancing the professional growth and competence of litigators through the benefits we offer to our members. Discussion: -Communication with Committee Members -- In addition to distribution of at least two list servs each month, the Committee conducts monthly conference calls, many with guest speakers on substantive law issues. As many as 40+ Committee members regularly participate. -In addition, we are Section leaders in programming, and our newsletter is consistently recognized for the relevance and quality of its articles. Goal: To enhance the profession and improve the justice system by acting as the leading advocates for litigators, including engagement with the American Bar Association, the judiciary, and other bar groups. Discussion: - In addition to the activities featured in our winter Progress Report, Williams Kastner, the law firm of our Committee Co-Chair Mark Davidson, sponsored a JIOP reception in Seattle on June 6, Goal: To expand and diversify Section membership and leadership. Discussion: - Diversity is a critical factor in all the Committee's projects and appointments. We held a very successful joint happy hour reception with the Minority Trial Lawyers Committee at the Corporate Counsel CLE in February 2012 for the second consecutive year. Our Committee leadership structure includes a subcommittee to focus on diversity outreach and

13 development of partnerships with YLD and affinity groups such as MTL, WA and LGBT. We also seek to expand and diversify our membership through direct and indirect solicitations, including listservs, personal invitations, Journal contributors, and local bar associations. Our subcommittee structure includes a number of diverse attorneys and we are strong champions and implementers of the Section s diversity policy on all of our program panels. 3. OPPORTUNITIES FOR COORDINATION/COLLABORATION please identify any areas where the work of your committee or task force can be coordinated, or done in collaboration, with other Section committees or task forces. -We regularly solicit co-sponsors for our meeting programs. We also regularly co-sponsor program proposals on which other committees are leads. Our distance CLEs are often presented jointly with other Section committees, and we have reached out to the Business Torts Committee in TIPS, the Corporate Litigation Committee in the Business Section, and to the Anti-Trust Section. 4. NEEDED RESOURCES please identify any resources or assistance you need to improve the work of your committee/task force. -We look forward to continue working with Section staff in connection with our ongoing membership initiative. 5. SPECIAL PROJECTS If you are undertaking any special projects for the Section, please provide a status report on those projects. - First Chair Press has accepted a book proposal, tentatively entitled, How to Litigate a Business Tort Case. Brad Nelson will serve as editor, and six Committee members have volunteered to write chapters. 6. OTHER INFORMATION WE SHOULD KNOW please state any other information your Division Director(s), Managing Directors, Officers, Council or Staff should know about your Committee s or Task Force s work since the start of the bar year. -We held a business meeting at the SAC in Washington attended by 24 Committee members. Our networking lunch was attended by 25 members and potential members. We had a Committee dinner after the Welcome Reception that was also well attended. -We are organizing a Committee business meeting and dinner at the upcoming ABA Annual Meeting

14 -We included a speaker from DecisionQuest on the panel of our plenary program at the February 2012 Corporate Counsel CLE on recent developments in class action litigation. We also included as a speaker on our Economic Loss Doctrine program at the Corporate Counsel CLE one of our Committee leaders who is both diverse and a young lawyer. - We organized and presented a distance CLE in November 2011 on extracting value from expert witnesses

15 COMMERCIAL & BUSINESS LITIGATION COMMITTEE SMART GOALS TRACKING OF PROGRESS TOWARD THOSE GOALS, AS OF JUNE 18, 2012 SMART Goal #1: Increase Diversity Among Ranks of Subcommittee Chairs Steps to Get There Start Finish Responsible Person 1 Articulation of Problem and Assessment of Possible Solutions GOAL: Increase diversity among CBL Committee members and subcommittee leaders in order to increase minority participation in the Committee and Section, and help develop diversity among ABA leadership. 9/1/11 8/31/12 (See below) 2 Develop Project Plan PLANS FOR MEETING ABOVE-STATED GOAL: (See below) A. Make diversity-building a higher priority in Committee membership & recruiting activities. B. Work together with other minority-related groups to develop new diversity-building strategies. C. Elevate minorities to subcommittee leader positions. D. Continue Committee s reputation for being diversityforward (e.g., by sponsoring diversity-related CLEs and publications). 3 Itemize Steps to Accomplish Plan A1. Create an independent Diversity Initiatives Subcommittee (split from original Membership & Diversity Subcommittee) with the assigned task of developing Committee strategies for improving diversity among the Committee and Section. A2. Seek out and appoint diverse leaders to the new Diversity Initiatives Subcommittee and notify them regarding their duties. B1. Communicate with the Minority Trial Lawyers Committee regarding potential for our committees to work together on diversity-fostering initiatives. -1-9/1/11 10/07/11 E. Timkovich 9/1/11 10/07/11 E. Timkovich 8/21/11 8/22/11; 10/17/11 E. Timkovich B2. Put new CBL Diversity Initiatives Subcommittee Co- 9/1/11 10/17/11 E. Timkovich = Complete; = Begun and ongoing; TO DO = Not yet undertaken.

16 COMMERCIAL & BUSINESS LITIGATION COMMITTEE SMART GOALS TRACKING OF PROGRESS TOWARD THOSE GOALS, AS OF JUNE 18, 2012 Chairs in touch with leaders of Minority Trial Lawyers. B3. Follow up with Diversity Initiatives Subcommittee on progress. C1. Follow up on contacts with minorities interested in joining the Committee and appoint them to leadership positions. C2. Communicate by phone and with past and current Committee/subcommittee leaders and participants, asking for referrals of minorities who may wish to become (more) active. TO C3. Obtain leadership diversity survey and distribute to DO current subcommittee leaders. C4. Chart percentage of minorities and women among our subcommittee leaders (with goal of achieving at least 25%). C5. Solicit minority participation in Committee leadership & activities through: (i) Listserve(s); (ii) Letter from the Chairs website; and (iii) Letter from the Chairs newsletter. TO DO TO DO D1. Poll subcommittee leaders about their preferences regarding the addition of asterisks to the names of minority leaders on the Committee s online-published roster. D2. Following diversity survey, identify minority leaders e.g., through use of asterisks on Committee s online leadership roster (unless subcommittee leaders vote down this initiative). TO DO D3. Also add diversity indicators to Committee networking/referral lists, if participants agree. D4. Include in proposals for 2012 Section Annual Conference programs relating to diversity or minority issues. D5. Include in proposals for 2012 ABA Annual Meeting programs relating to diversity or minority issues. D6. Solicit diversity/minority-related proposals for distance CLEs during D7. Communicate to subcommittee leaders the importance of including minority panelists among their proposed program/cle presenters. 10/17/11 8/31/12 E. Timkovich; A. Crain 4/15/11 8/31/12 E. Timkovich 10/17/11 11/1/11 B. Dawson/D. Harris/J. Sneed; A. Crain (w/ oversight by E. Timkovich) 10/17/11 11/15/11 E. Timkovich 10/17/11 12/1/11 E. Timkovich 10/17/11 8/31/11 (i) A. Crain (ii) A. Stio (iii) CBL Co-Chairs, in rotation 10/17/11 11/15/11 E. Timkovich 10/17/11 12/1/11 E. Timkovich 10/17/11 12/15/11 M. Cochran; E. Timkovich 7/15/11 8/12/11 M. Kreiter 9/1/11 10/21/11 M. Kreiter 9/1/11 8/31/12 M. LeBoff 9/1/11 10/19/11 E. Timkovich = Complete; = Begun and ongoing; TO DO = Not yet undertaken. -2-

17 COMMERCIAL & BUSINESS LITIGATION COMMITTEE SMART GOALS TRACKING OF PROGRESS TOWARD THOSE GOALS, AS OF JUNE 18, Identify ABA Staff/Leadership resources needed We still need the diversity survey proposed during the Fall Leadership Mtg. by J. Bacerra s new Diversity Committee. (We have inquired repeatedly at leadership meetings and during the SAC.) 5 Coordinate w/division Directors, AP Leadership Facilitator, Section Leadership 6 Assess project 1/15/12 E. Timkovich; A. Crain 7 Report to Section Leadership and Council 1/15/12 E. Timkovich SMART Goal #2: Enhance Committee s Draw as an Excellent Networking Forum Steps to Get There Start Finish Responsible Person 1 Articulation of Problem and Assessment of Possible Solutions GOAL: Provide multiple networking opportunities for Committee members and leaders (to maximize the Committee s draw as an attorney networking forum and thereby boost membership and active participation) 9/1/11 8/31/12 (See below) 2 Develop Project Plan PLANS FOR MEETING ABOVE-STATED GOAL: (See below) A. Organize and publicize Committee networking/social events at 2012 Section and ABA Meetings B. Online social networking C. Prepare and disseminate referral rosters D. Make it easy for Committee/subcommittee participants to communicate by with each = Complete; = Begun and ongoing; TO DO = Not yet undertaken. -3-

18 COMMERCIAL & BUSINESS LITIGATION COMMITTEE SMART GOALS TRACKING OF PROGRESS TOWARD THOSE GOALS, AS OF JUNE 18, 2012 other 3 Itemize Steps to Accomplish Plan A1. Organize networking dinners at both the (i) Section Annual Conference and (ii) ABA Annual Meeting. A2. Publicize dinners via (i) list serves, (ii) Committee teleconferences, (iii) website, and (iv) newsletter Letters from the Chairs. = Complete; = Begun and ongoing; TO DO = Not yet undertaken. -4-2/15/12 8/2/12 D. Hanswirth; I. Gray 2/15/12 8/2/12 (i) A. Crain (ii) CBL Co-Chairs, in rotation (iii) J. Bielema/B. Babbitt (or N. Boyer) (iv) CBL Co-Chairs, in rotation 4/18/12 8/4/12 B. Babbitt (or N. Boyer) A3. Take photos at dinners or other Committee events and post them (with permission) on Committee website. B1. Establish Linked In group. 8/15/11 9/1/11 A. Stio; D. Pardue B2. Publicize Linked In group via (i) list serves, (ii) Committee teleconferences, (iii) website, and (iv) newsletter Letters from the Chairs. B3. Encourage members to post information, news, articles, etc. via Linked In. TO B4. Update the Committee s Linked In profile with current DO roster and links to CBL website and newsletters. B5. Solicit members via (i) Committee teleconferences and (ii) Linked In to post trial and summary judgment victories on Linked In group. B.6. Encourage members via (i) list serves, (ii) Committee teleconferences, and (iii) website to turn newsletter articles into pod casts to be posted on CBL website. C1. Update Referral roster of active Committee and subcommittee leaders and participants both alphabetically and by state. TO C2. Solicit brief biographical/practice area blurbs for DO Referral Roster. 9/1/11 8/31/12 (i) A. Crain (ii) CBL Co-Chairs, in rotation (iii) J. Bielema/B. Babbitt (or N. Boyer) (iv) CBL Co-Chairs, in rotation 9/1/11 8/31/12 A. Crain; D. Pardue; CBL Co-Chairs 9/1/11 8/31/12 A. Stio; D. Pardue 9/1/11 8/31/12 (i) CBL Co-Chairs, in rotation (ii) A. Stio; D. Pardue 9/1/11 8/31/12 (i) A. Crain (ii) CBL Co-Chairs, in rotation (iii) J. Bielema/B. Babbitt (or N. Boyer) 9/1/11 8/31/12 M. Cochran 10/19/11 8/31/12 A. Stio; M. Cochran; A. Crain C3. Distribute Referral Roster to members via . 10/19/11 8/31/12 A. Stio; M. Cochran C4. Post Referral Roster to Committee website. 10/19/11 8/31/12 B. Babbitt (or N. Boyer); J. Bielema TO DO C5. Publicize Referral Roster via (i) list serves, (ii) Committee teleconferences, (iii) website, (iv) newsletter Letters from the Chairs, and (v) Linked In. 10/19/11 8/31/12 (i) A. Crain (ii) CBL Co-Chairs, in rotation (iii) J. Bielema/B. Babbitt (or N. Boyer) (iv) CBL Co-Chairs, in rotation

19 COMMERCIAL & BUSINESS LITIGATION COMMITTEE SMART GOALS TRACKING OF PROGRESS TOWARD THOSE GOALS, AS OF JUNE 18, 2012 C6. Collect additional participant information from 2012 business meetings and networking dinners, and add to Referral Roster. D1. For subcommittee leaders and regular attendees of Committee calls and events, prepare group distribution list. (v) D. Pardue 4/18/12 8/31/12 A. Stio; M. Cochran 9/1/11 10/31/11 E. Timkovich D2. Circulate group list among participants. 10/19/11 10/31/11 E. Timkovich D3. Prepare meeting minutes of monthly calls and circulate minutes to members. D4. Strategize a way to include some kind of networking opportunity in our monthly Committee teleconferences (perhaps during subcommittee status reports). 4 Identify ABA Staff/Leadership resources needed None at this time. 5 Coordinate w/division Directors, AP Leadership Facilitator, Section Leadership 9/1/11 8/31/12 CBL Co-Chairs, in rotation 10/19/11 8/31/11 CBL Co-Chairs (working together) 6 Assess project 9/1/11 11/30/11; 2/28/12; 5/31/12; 8/31/12 7 Report to Section Leadership and Council 2/28/12; 8/31/12 A. Stio A. Stio = Complete; = Begun and ongoing; TO DO = Not yet undertaken. -5-

20 COMMERCIAL & BUSINESS LITIGATION COMMITTEE SMART GOALS TRACKING OF PROGRESS TOWARD THOSE GOALS, AS OF JUNE 18, 2012 SMART Goal #3: Active Subcommittees, Leaders and Members Steps to Get There Start Finish Responsible Person 1 Articulation of Problem and Assessment of Possible Solutions GOAL: Increase activity level of subcommittees, their leaders and members. (See below) 2 Develop Project Plan PLANS FOR MEETING ABOVE-STATED GOAL: (See below) A. Appoint subcommittee leaders B. Set forth clear expectations and guidance for leadership C. Create and fill three new Vice Chair positions (to act as liaisons to subcommittees and assist subcommittee leaders in fulfilling their responsibilities, and to aid in the compilation of subcommittee leaders questions and informational needs) D. Coordinate regularly with subcommittee leaders and active Committee participants E. Track compliance with subcommittee/leader requirements and give prods or assistance as needed 3 Itemize Steps to Accomplish Plan A1. Determine which existing subcommittees to keep, tweak, or do away with 9/1/11 9/25/11 CBL Co-Chairs A2. Gather and analyze information regarding last year s 9/1/11 9/30/11 E. Timkovich subcommittee leaders compliance with stated leadership obligations A3. Publicize open call for new subcommittee leaders 9/1/11 9/30/11 E. Timkovich; A. Crain A4. Compile spreadsheet ranking each respondent s subcommittee selections -6-9/1/11 9/30/11 E. Timkovich = Complete; = Begun and ongoing; TO DO = Not yet undertaken.

21 COMMERCIAL & BUSINESS LITIGATION COMMITTEE SMART GOALS TRACKING OF PROGRESS TOWARD THOSE GOALS, AS OF JUNE 18, 2012 A5. Assign new leaders to subcommittee positions 9/30/11 10/7/11 E. Timkovich A6. Prepare leadership roster 9/30/11 10/7/11 E. Timkovich A7. Publish leadership roster to CBL website 10/7/11 10/20/11 B. Babbitt (or N. Boyer) A8. Prepare and transmit appointment letters for subcommittee leaders 9/30/11 10/7/11 E. Timkovich B1. Decide what will be leadership requirements 8/4/11 8/31/12 CBL Co-Chairs for each subcommittee B2. Prepare memorandum detailing subcommittee 7/15/11 9/1/11 E. Timkovich leadership obligations and providing helpful leadership tips and answers to frequently asked questions (the FAQ Memo ) B3. Transmit FAQ Memo to Division V leaders 9/1/11 9/24/11 E. Timkovich B4. Transmit FAQ Memo to CBL subcommittee leaders 9/1/11 10/7/11 E. Timkovich B5. Solicit additional questions from new leaders (for FAQ 7/15/11 8/31/12 E. Timkovich Memo) B6. Publish FAQ Memo to CBL website 10/19/11 10/31/11 J. Bielema; B. Babbitt (or N. Boyer) C1. Create three new Vice Chair positions and evaluate candidates C2. Apportion responsibilities for subcommittee oversight among the three Vice Chair positions C3. Appoint new CBL Vice Chairs (J. Bielema, A. Crain, and M. Kreiter) D1. Hold monthly teleconferences with Committee/subcommittee leaders and members D2. Prepare status-update rotation (3-5 subcommittees at a time) for each monthly teleconference D3. Distribute status-update schedule among subcommittee leaders E1. Track individual subcommittees and their leaders compliance with assigned leadership tasks E2. Issue reminder(s) of pending leadership obligations to those subcommittees/leaders lagging behind 9/1/11 9/20/11 CBL Co-Chairs 9/1/11 9/20/11 CBL Co-Chairs 9/30/11 10/7/11 E. Timkovich 9/1/11 8/31/12 CBL Co-Chairs 10/7/11 10/19/11 E. Timkovich 10/19/11 10/31/11 E. Timkovich 10/7/11 8/31/12 J. Bielema; A. Crain; M. Kreiter 1/15/12 8/31/12 J. Bielema; A. Crain; M. Kreiter = Complete; = Begun and ongoing; TO DO = Not yet undertaken. -7-

22 COMMERCIAL & BUSINESS LITIGATION COMMITTEE SMART GOALS TRACKING OF PROGRESS TOWARD THOSE GOALS, AS OF JUNE 18, Identify ABA Staff/Leadership resources needed None at this time. 5 Coordinate w/division Directors, AP Leadership Facilitator, Section Leadership 6 Assess project 9/1/11 1/15/12; 4/15/12; 7/15/12; 8/31/12 7 Report to Section Leadership and Council Leadership Mtgs. E. Timkovich E. Timkovich SMART Goal #4: Develop and Provide Top-Notch Programs/CLEs and Publications Steps to Get There Start Finish Responsible Person 1 Articulation of Problem and Assessment of Possible Solutions GOAL: Establish Committee website, newsletter, and CLE programs as well-respected sources for up-to-date information on Committee and legal issues; and improve publicity for and traffic to those publications and programs. (See below) 2 Develop Project Plan PLANS FOR MEETING ABOVE-STATED GOAL: (See below) A. SAC Programs B. ABA Annual Meeting Programs C. Distance CLEs D. Explore possibility of future National Institute, and lay groundwork = Complete; = Begun and ongoing; TO DO = Not yet undertaken. -8-

23 COMMERCIAL & BUSINESS LITIGATION COMMITTEE SMART GOALS TRACKING OF PROGRESS TOWARD THOSE GOALS, AS OF JUNE 18, 2012 E. Solicit regular content for CBL Website, and increase publicity efforts (to bring more traffic to the website) F. Devise interesting topics for quarterly CBL Newsletter, solicit content, and increase publicity efforts (to improve awareness of new newsletter editions and increase readership) 3 Itemize Steps to Accomplish Plan *A-C. Develop reference library of CLE program proposals (tracking which programs actually were proposed by the Committee to the ABA and when; as well as which proposals were accepted and when) 10/19/11 8/31/12 M. Kreiter; M. LeBoff *A-C. Include in FAQ Memo to subcommittee leaders tips 7/15/11 9/1/11 E. Timkovich regarding preparation of program and CLE proposals *A-C. Require among stated subcommittee leadership 7/15/11 9/1/11 E. Timkovich obligations the requirement that each subcommittee propose at least one CLE program per year A1. Solicit program proposals for 2012 Litigation SAC July-Aug. 8/12/11 M. Kreiter 2011 A2. Select best proposals for submission to Section July-Aug. 8/12/11 M. Kreiter leadership 2011 A3. Solicit co-sponsors for SAC program proposals 8/1/11 8/12/11 M. Kreiter A4. Submit SAC program proposals to the Section 8/1/11 8/12/11 M. Kreiter B1. Solicit program proposals for 2012 ABA Annual Meeting 8/4/11 10/21/11 E. Timkovich; M. Kreiter B2. Select best proposals for submission to Annual Meeting coordinator(s) 8/4/11 10/21/11 D. Hanswirth; M. Kreiter B3. Solicit co-sponsors for Annual Meeting program 10/1/11 10/21/11 D. Hanswirth; M. Kreiter proposals B4. Submit Annual Meeting program proposals to ABA 10/1/11 10/21/11 M. Kreiter C1. Regularly solicit proposals by subcommittees for distance CLEs 9/1/11 8/31/12 M. LeBoff = Complete; = Begun and ongoing; TO DO = Not yet undertaken. -9-

24 COMMERCIAL & BUSINESS LITIGATION COMMITTEE SMART GOALS TRACKING OF PROGRESS TOWARD THOSE GOALS, AS OF JUNE 18, 2012 C2. Submit to ABA at least three distance CLE proposals during the bar year [Current status: 2 proposals have already been submitted and accepted, as of June 2012.] C3. Seek out more information from Section staff regarding how best to propose and organize distance CLEs C4. Incorporate these distance-cle tips in the Committee s FAQ Memo TO C5. Meet with ABA publication coordinator and strategize DO TO DO on ideas for CLEs and Web and Newsletter articles C6. Review Website Articles and Newsletter submissions and develop CLE programs from content that was submitted D1. Hold discussions with Trial Practice Committee re: potential for joint National Institute at which each Committee could hold mid-year business meetings D2. Discuss with Navigant ways in which Navigant could aid in production of National Institute D3. Determine best Litigation Section Staff or Committee resource(s) for developing new National Institute D4. Hold meeting(s) with appropriate Staff/Committee personnel to start ball rolling for new National Institute E1. Require among stated subcommittee leadership obligations the requirement that each subcommittee leader prepare at least two website articles or case notes per year E2. Solicit new content for CBL website via (i) s to subcommittee leaders, (ii) list serves, (iii) regular CBL teleconferences, (iv) Letters from the Chairs, and (v) Linked In E3. Work with Navigant to develop an Expert s Corner on the CBL website E4. Work with Navigant to prepare and publish regular CBL litigation trends analyses for publication on the CBL website E5. Advertise new CBL website content in (i) list serves, (ii) newsletter Letters from the Chairs, and (iii) Linked In 9/1/11 8/31/12 D. Hanswirth; M. LeBoff 10/20/11 12/31/11 D. Hanswirth; M. LeBoff 10/20/11 1/15/12 E. Timkovich 9/23/11 9/23/11 D. Hanswirth; A. Stio 9/1/11 8/31/12 D. Hanswirth; A. Stio 9/1/11 1/31/12 D. Hanswirth; E. Timkovich 9/1/11 1/31/12 D. Hanswirth; E. Timkovich 11/1/11 1/31/12 D. Hanswirth; E. Timkovich 11/1/11 2/28/12 D. Hanswirth; E. Timkovich 9/1/11 10/7/11 E. Timkovich 9/1/11 8/31/12 (i) E. Timkovich; B. Babbitt (or N. Boyer); J. Bielema (ii) A. Crain (iii) CBL Co-Chairs, in rotation (iv) CBL Co-Chairs, in rotation (v) A. Stio; D. Pardue 10/1/11 11/30/11 A. Stio; B. Babbitt (or N. Boyer) 10/1/11 11/30/11 A. Stio; B. Babbitt (or N. Boyer) 9/1/11 8/31/12 (i) A. Crain (ii) CBL Co-Chairs, in rotation (iii) A. Stio; D. Pardue = Complete; = Begun and ongoing; TO DO = Not yet undertaken. -10-

25 COMMERCIAL & BUSINESS LITIGATION COMMITTEE SMART GOALS TRACKING OF PROGRESS TOWARD THOSE GOALS, AS OF JUNE 18, 2012 F1. Prepare schedule for quarterly newsletter topics F2. Assign responsibilities for collecting newsletter content to specific subcommittees F3. Notify subcommittee leaders of newsletter schedule and assignments F4. Solicit new content for quarterly CBL newsletters via (i) s to subcommittee leaders, (ii) list serves, (iii) regular CBL teleconferences, (iv) Letters from the Chairs, and (v) Linked In F5. Increase size of Newsletter Editorial Board to six Editors, plus Editor in Chief F6. Assign individual editorial tasks (per newsletter edition) to Editorial Board members F7. Advertise CBL newsletter content in (i) list serves, (ii) Letters from the Chairs, and (iii) Linked In -- 8/4/11 K. Kszywienski; E. Timkovich -- 8/4/11 K. Kszywienski; E. Timkovich -- 10/7/11 E. Timkovich 9/1/11 8/31/12 (i) K. Kszywienski; E. Timkovich (ii) A. Crain (iii) CBL Co-Chairs, in rotation (iv) CBL Co-Chairs, in rotation (v) A. Stio; D. Pardue 9/30/11 10/7/11 E. Timkovich 9/1/11 8/31/12 K. Kszywienski 9/1/11 8/31/12 (i) A. Crain (ii) CBL Co-Chairs, in rotation (iii) A. Stio; D. Pardue 4 Identify ABA Staff/Leadership resources needed Additional guidance re: process and tips for proposing and M. LeBoff; D. Hanswirth organizing distance CLEs Identification of Staff or Committee personnel with whom to D. Hanswirth; E. Timkovich speak re: creating new National Institute Guidance materials re: establishment of National Institute D. Hanswirth; E. Timkovich 5 Coordinate w/division Directors, AP Leadership Facilitator, Section Leadership 6 Assess project 9/1/11 11/30/11; 2/28/12; 5/31/12; 8/31/12 7 Report to Section Leadership and Council 2/28/12; 8/31/12 D. Hanswirth (programs) A. Stio (publications) D. Hanswirth (programs) A. Stio (publications) = Complete; = Begun and ongoing; TO DO = Not yet undertaken. -11-

26 COMMERCIAL & BUSINESS LITIGATION COMMITTEE SMART GOALS TRACKING OF PROGRESS TOWARD THOSE GOALS, AS OF JUNE 18, 2012 = Complete; = Begun and ongoing; TO DO = Not yet undertaken. -12-

27 COMMERCIAL & BUSINESS LITIGATION ( CBL ) COMMITTEE PROGRESS REPORT June 18, 2012 Submitted by: Name: Elizabeth T. Timkovich Angelo A. Stio III Dori Ann Hanswirth Address: Winston & Strawn LLP 214 N. Tryon Street Charlotte, NC Pepper Hamilton LLP 301 Carnegie Center Princeton, NJ Hogan Lovells US LLP 875 Third Avenue New York, NY Phone: etimkovich@winston.com stioa@pepperlaw.com dori.hanswirth@hoganlovells.com Committee Co-Chair Committee Co-Chair Committee Co-Chair 1. EXECUTIVE SUMMARY Please identify the key achievements of your committee since the start of the bar year. The CBL Committee supports an incredibly broad membership base, with approximately 4,000 members from across the country and in a wide variety of litigation practice areas. (We continue to be the largest Committee in the Section.) We have worked hard this year to show our members the value of the ABA. Our work includes issuing frequent, top-notch legal news and articles through our quarterly newsletter and Committee website. Both of these publications received glowing reviews from the Litigation Section through the first three quarters of the ABA year. We also have continued to hold monthly Committee teleconferences that highlight Committee news, provide members with subcommittee updates, and allow members and subcommittee leaders the opportunity to introduce themselves and their work to the group. We recognize that networking is the primary draw of attorneys to our Committee, so we try to maximize the opportunities our members have to stand out and interact with each other. To that end, we created a LinkedIn group for the Committee on which members can post articles and news of note and have begun s among members on important legal issues. We continue to have a Committee structure consisting of 26 subcommittees, with just over 100 subcommittee leaders. Of these 26 subcommittees, 19 are devoted to substantive areas of law or practice. Almost 40 % of our subcommittee leaders (at least 38 out of about 100) are known to be diverse in accordance with the ABA s Goal III mission. Toward advancing this goal, we have emphasized to our members and subcommittee leaders the need for diversity in leadership positions and on CLE panels, and have encouraged members to bring forward diverse candidates for leadership positions. We also created a new Diversity Initiatives Subcommittee to confer and devise strategies for increasing minority membership and participation in the Committee.

28 Commercial & Business Litigation Committee June 18, 2012 Progress Report In order to increase active participation by our numerous subcommittee leaders, the Committee Co-Chairs and Vice Chairs have established clear requirements for subcommittee leaders and have evaluated the leaders on these requirements. The requirements subcommittee leaders must fulfill include: (1) each subcommittee must propose at least one CLE program for the bar year, (2) each leader must contribute at least two articles or case notes to the Committee website, (3) each leader must attend either the Litigation SAC or ABA Annual Meeting, and (4) each subcommittee must take responsibility for gathering content for one of our newsletter editions (based on a schedule we developed). In addition to establishing requirements for subcommittee leaders, we also provide each leader with an instructional memo that provides answers to frequently asked leadership questions. We have posted that FAQ Memo to our Committee website, so that anyone may benefit from the tips therein and it is updated as new issues arise (most recently in June 2012). We also frequently solicit individual questions or concerns from our subcommittee leaders and respond (typically by ) with individualized guidance. Because of the participation of our subcommittees, we have had great success in developing and proposing CLE programs for this bar year. Six CBL Committee programs were accepted and presented at the 2012 Litigation SAC in Washington, D.C. (either individually, or in conjunction with other Committees). In addition, the CBL Committee has two programs it will be hosting at the 2012 ABA Annual Meeting; and has been approved for two distance CLE programs this year. Finally, the CBL Committee hosted a Committee dinner at the SAC in Washington, D.C. that was attended by 50 committee members. The dinner is always a favorite among members because it creates a great environment to network and catch up with old friends. In addition, the CBL Committee co-sponsored a committee lunch with the Chief Judge of the United States Court of International Trade as a special guest speaker. The lunch was well attended, and the feedback on the content of the program was positive. Another well attended event at the SAC was the CBL business meeting. This meeting was attended by 30 members, and we made progress in planning an annual mid-year Committee meeting. 2. UPDATE ON PROGRESS ON GOALS For each of your committee s Goals established in your 3 year plan, please provide a status report on your progress toward achieving that goal. If the goal has been achieved, please state the completion date and how achieving the goal affected the operations of your committee. Please organize your discussion of top goals into the appropriate category below. Completion Discussion Date Membership N/A We hold regular CBL Committee teleconferences, as well as in-person business meetings, networking lunches and dinners at both the Litigation SAC and ABA -2-

29 Commercial & Business Litigation Committee June 18, 2012 Progress Report Completion Date Discussion Annual Meeting. We have found these events quite successful in the past for keeping and adding new members. The Committee s dinner at the 2012 SAC was attended by 50 members. We are in the process of planning a dinner at the Annual Meeting in Chicago and anticipate the same attendance. In addition, the CBL Committee continued its great success by attracting additional members through the Committee Expo at the SAC. At the Expo, the CBL Committee teamed with the Trial Practice Committee to create a Family Feud game show where new members of each Committee answered survey questions related to legal issues. The game show was a major success and helped increase the membership in both the CBL and Trial Practice Committees. Content By 8/30/12 The CBL Committee prides itself on publishing frequent articles and legal news of note through its quarterly newsletter and Committee website. To that end, we set for ourselves numerous content-related SMART Goals for this year, all of which have been completed to date. Completed SMART Goals:* Require each subcommittee leader prepare at least two website articles or case notes per year Solicit new content for CBL website via (i) s to subcommittee leaders, (ii) list serves, (iii) regular CBL teleconferences, (iv) Letters from the Chairs, and (v) Linked In Prepared 3 quarterly newsletters with a 4 newsletter set for publication this summer. Assign responsibilities for collecting newsletter content to specific subcommittees Notify subcommittee leaders of newsletter schedule and assignments Increase size of Newsletter Editorial Board to six Editors, plus Editor in Chief Developed a subcommittee structure for each Circuit Court that prepares timely case updates for the CBL website. Developed, in conjunction with Navigant an Expert s Corner on the CBL website Advertise new CBL website content in (i) list serves, (ii) newsletter Letters from the Chairs, and (iii) Linked In -3-

30 Completion Date Commercial & Business Litigation Committee June 18, 2012 Progress Report Discussion Worked with Navigant to prepare and publish CBL litigation trends analyses for publication on the CBL website. (We are continuing to work with Navigant on updates.) Additional tasks started and perpetually ongoing: Continue to solicit new content for quarterly CBL newsletters via (i) s to subcommittee leaders, (ii) list serves, (iii) regular CBL teleconferences, (iv) Letters from the Chairs, and (v) Linked In Continue to advertise CBL newsletter content in (i) list serves, (ii) Letters from the Chairs, and (iii) Linked In *For a complete breakdown of our self-charted progress toward the CBL Committee s SMART Goals, see the attached document titled _Progress Toward ABA CBL Committee SMART Goals. Programming By 8/30/12 The CBL Committee also challenged itself to put together this year numerous proposals for CLE programs both for ABA meetings and distance webinars. We have had a very successful year so far on that front. The CBL Committee sponsored 6 programs at the SAC, has 2 programs approved for the Annual Meeting in Chicago and has obtained approval for two distance CLE programs. Completed SMART Goals:* Include in FAQ Memo to subcommittee leaders tips regarding preparation of program and CLE proposals Require among stated subcommittee leadership obligations the requirement that each subcommittee propose at least one CLE program per year Solicit program proposals for 2012 Litigation SAC Select best proposals for submission to Section leadership Solicit co-sponsors for SAC program proposals Submit SAC program proposals to the Section Solicit program proposals for 2012 ABA Annual Meeting Select best proposals for submission to Annual Meeting coordinator(s) Solicit co-sponsors for Annual Meeting program proposals Submit Annual Meeting program proposals to ABA Regularly solicit proposals by subcommittees for -4-

31 Completion Date Commercial & Business Litigation Committee June 18, 2012 Progress Report Discussion distance CLEs Obtained approval for two distance CLE programs during the bar year. Tasks started and in progress: Develop reference library of CLE program proposals (tracking which programs actually were proposed by the Committee to the ABA and when; as well as which proposals were accepted and when) Seek out more information from Section staff regarding how best to propose and organize distance CLEs Incorporate these distance-cle tips in the Committee s FAQ Memo Explore an annual mid-year CBL Committee daylong CLE meeting Still to do: Meet with ABA publication coordinator and strategize on ideas for CLEs and Web and Newsletter articles Review Website Articles and Newsletter submissions and develop CLE programs from content that was submitted *For additional information regarding our SMART Goals progress, see the attached _Progress Toward ABA CBL Committee SMART Goals. Committee Organization 10/07/11 We succeeded by Oct. 7, 2011 in revamping our subcommittees (now numbered 26) and their leaders, resulting in a group of 100+ subcommittee leaders almost one-third of whom are new to CBL Committee leadership, and almost 40% of whom are diverse who have agreed to take on the responsibilities listed in the Executive Summary above. Completed SMART Goals: Determine which existing subcommittees to keep, tweak, or do away with Gather and analyze information regarding last year s subcommittee leaders compliance with stated leadership obligations Publicize open call for new subcommittee leaders Compile spreadsheet ranking each respondent s subcommittee selections Assign new leaders to subcommittee positions -5-

32 Commercial & Business Litigation Committee June 18, 2012 Progress Report Completion Date Discussion Prepare leadership roster Publish leadership roster to CBL website Prepare and transmit appointment letters for subcommittee leaders Decide what will be leadership requirements for each subcommittee Prepare memorandum detailing subcommittee leadership obligations and providing helpful leadership tips and answers to frequently asked questions (the FAQ Memo ) Transmit FAQ Memo to Division V leaders Transmit FAQ Memo to CBL subcommittee leaders Solicit additional questions from new leaders (for FAQ Memo) Publish FAQ Memo to CBL website Create three new Vice Chair positions and evaluate candidates Apportion responsibilities for subcommittee oversight among the three Vice Chair positions Appoint new CBL Vice Chairs (J. Bielema, A. Crain, and M. Kreiter) Hold monthly teleconferences with Committee/subcommittee leaders and members Prepare status-update rotation (3-5 subcommittees at a time) for each monthly teleconference Distribute status-update schedule among subcommittee leaders Tracked and evaluated individual subcommittees and their leaders on compliance with leadership tasks Used list serves to remind leaders of their requirements for subcommittee leadership Diversity The CBL Committee s #1 SMART Goal this year is to increase diversity among Committee members and subcommittee leaders in order to increase minority participation in the Committee and Section, and help develop diversity among ABA leadership. We have made substantial progress in fulfilling the tasks we set for ourselves to meet this goal. Among other things, almost 40% of our subcommittee leaders (38 of approximately 100) are known to be racial minorities and/or women. (And more might be minorities, but we have been unable to identify them as such.) -6-

33 Commercial & Business Litigation Committee June 18, 2012 Progress Report Completion Date Discussion Completed SMART Goals:* Create an independent Diversity Initiatives Subcommittee (split from original Membership & Diversity Subcommittee) with the assigned task of developing Committee strategies for improving diversity among the Committee and Section. Seek out and appoint diverse leaders to the new Diversity Initiatives Subcommittee and notify them regarding their duties. Communicate with the Minority Trial Lawyers Committee regarding potential for our committees to work together on diversity-fostering initiatives. Put new CBL Diversity Initiatives Subcommittee Co- Chairs in touch with leaders of Minority Trial Lawyers. Follow up on contacts with minorities interested in joining the Committee and appoint them to leadership positions. Chart percentage of known minorities and women among our subcommittee leaders (with goal of achieving at least 25%). Include in proposals for 2012 Section Annual Conference programs relating to diversity or minority issues. Include in proposals for 2012 ABA Annual Meeting programs relating to diversity or minority issues. Communicate to subcommittee leaders the importance of including minority panelists among their proposed program/cle presenters. Solicit minority participation in Committee leadership & activities through: (i) Listserve(s); (ii) Letter from the Chairs website; and (iii) Letter from the Chairs newsletter. Solicit diversity/minority-related proposals for distance CLEs during Reached out to past and current Committee/subcommittee leaders and participants, asking for referrals of minorities who may wish to become (more) active. Still to do: Poll subcommittee leaders about their preferences regarding the addition of asterisks to the names of minority leaders on the Committee s onlinepublished roster. Obtain leadership diversity survey from J. Bacerra s new Committee and distribute it to current subcommittee leaders. (Note: We have asked for -7-

34 Completion Date Commercial & Business Litigation Committee June 18, 2012 Progress Report Discussion this repeatedly at every Leadership meeting to date, but have yet to receive such a survey.) Following diversity survey, identify minority leaders e.g., through use of asterisks on Committee s online leadership roster (unless subcommittee leaders vote down this initiative). Also add diversity indicators to Committee networking/referral lists, if participants agree. *For additional information regarding our SMART Goals progress, see the attached _Progress Toward ABA CBL Committee SMART Goals. Other: Networking By 8/30/12 An additional key goal set by the CBL Committee is to maximize the networking opportunities for its members. We have completed or started the following tasks in order to achieve that goal. Completed SMART Goals: Establish Linked In group. Publicize Linked In group via (i) list serves, (ii) Committee teleconferences, (iii) website, and (iv) newsletter Letters from the Chairs. Encourage members to post information, news, articles, etc. via Linked In. Solicit members via (i) Committee teleconferences and (ii) Linked In to post trial and summary judgment victories on Linked In group. For subcommittee leaders and regular attendees of Committee calls and events, prepare group distribution list. Circulate group list among participants. Strategize a way to include some kind of networking opportunity in our monthly Committee teleconferences (perhaps during subcommittee status reports). Organize networking dinners at both the (i) Section Annual Conference and (ii) ABA Annual Meeting. Encourage members via (i) list serves, (ii) Committee teleconferences, and (iii) website to turn newsletter articles into pod casts to be posted on CBL website. Update Referral roster of active Committee and subcommittee leaders and participants both alphabetically and by state. -8-

35 Commercial & Business Litigation Committee June 18, 2012 Progress Report 3. DEVELOPING A DIVERSE LEADERSHIP PIPELINE Please provide a list of the subcommittee chairs of your committee and indicate whether they are within any of the ABA Goal III diversity characteristics. Expand the table as necessary to include all subcommittee chairs, or provide an attachment with the requested information. If you need information from your subcommittee chairs to complete the chart below, you can use the Diversity Information Request Form, available on the Leadership Reference Library where you found this Progress Report form. Note that providing the information to the ABA is voluntary, as the form itself notes. *Below is a list of our known-to-be diverse subcommittee leaders. Name Ethnicity Male or Female Alexandra Wald Caucasian F Ali Razzaghi Mid. East. / Asian M Amy Lee Stewart Caucasian F Amy Wigmore Caucasian F Angela Hall Caucasian F Barb Dawson Caucasian F Carmela Jackson Afr. Amer. F Celeste R. Coco-Ewing Caucasian F Claire Huene Caucasian F Clarence Wilbon Afr. Amer. M Elizabeth (Lizz) Acee Caucasian F Erin Asborno Caucasian F Georlen Spangler Caucasian F Jennifer Vanderhart Caucasian F Joanna Kim Asian F Jorge Mestre Hisp. M Josephine Benkers Caucasian F Julie Sneed Afr. Amer. F Kelli Hinson Caucasian F Kelly Kszywienski Caucasian F Lynn Wolf Caucasian F M. Derek Harris Afr. Amer. M M. Vittoria Carminati Caucasian F Maria Kreiter Caucasian F Melissa Colon-Bosolet Afr. Amer. F Melissa English Unknown F Melody McAnally Caucasian F Mercedes Gonzalez Hale Hisp. F Mitzi Shannon Caucasian F Mpoli Simwanza-Johnson Unknown F Paula Bagger Caucasian F Richik Sarkar Mid. East. / Asian M Sally Sears Coder Caucasian F Scott Murray Afr. Amer. M Disabled LGBT **Until we receive the diversity survey that we ve been informed is going to go out to all the Committees, and look at the responses from our subcommittee leaders, we do not know which of our leaders are disabled or LGBT.** -9-

36 Commercial & Business Litigation Committee June 18, 2012 Progress Report Name Ethnicity Male or Female Shari Aberle Caucasian F Stephanie Jonaitis Caucasian F Tracy Hannan Caucasian F Yvette Golan Unknown F Disabled LGBT 4. MEMBERSHIP RECRUITMENT DRIVE State whether you have completed or scheduled your committee membership recruitment drive in coordination with the staff Membership & Marketing Unit and, if so, when the drive is scheduled or was completed. Also please explain how and what you identified as your target market(s).if completed, how many new committee members joined your Committee as a result of the drive? Typically, the CBL Committee has recruited members through publicity at Annual Conferences and Meetings, word of mouth, and through the subcommittee structure and the desire of attorneys to become actively involved in an organization. In addition to these informal efforts, the CBL Committee has obtained members who have received our Committee newsletter, visited our website, and/or talked to a member that has attended a Committee Dinner, Committee meeting or Committee luncheon. At our next leadership meeting, the CBL Committee Co-Chairs will put their heads together and consider ways to institute a formal membership drive for OPPORTUNITIES FOR COORDINATION/COLLABORATION Please identify any areas where the work of your committee can be coordinated, or done in collaboration, with other Section committees or task forces. We have collaborated with numerous other Committees in proposing programs and CLEs, and we will continue to do so. We are working with the Minority Trial Lawyers Committee on diversity initiatives. We are in talks with the Litigation Section Leadership about holding a midyear Committee business meeting. 6. NEEDED RESOURCES Please identify any resources or assistance you need to improve the work of your committee. We need the diversity survey from the new Diversity Committee so that we -10-

37 can send it out to our subcommittee leaders and members. Commercial & Business Litigation Committee June 18, 2012 Progress Report We need to talk with someone from Membership & Marketing regarding how to plan and execute a formal membership recruitment drive. 7. SECTION ANNUAL CONFERENCE Please provide the following information about activities of your Committee at the 2012 Section Annual Conference in Washington, D.C.: a. How many subcommittee chairs attended: Approximately 40 of the CBL Committee s 100 subcommittee chairs (i.e., about 40%) attended the 2012 Section Annual Conference. b. Did your Committee hold a business meeting at the 2012 Section Annual Conference? If yes, how many people attended the business meeting? Will your committee hold a business meeting at the 2012 Annual Conference in Chicago, IL? 1. Yes, we held a business meeting at the 2012 SAC, and it was well attended by about 30 people. 2. We will hold a business meeting at the 2012 Annual Meeting. c. Did your Committee hold any sort of networking event (not including the Expo and the Networking Luncheons) at the 2012 Section Annual Conference? If yes, describe the event and state how many people attended. Do you plan to hold such an event at the 2012 Annual Conference? 1. We hosted a networking dinner in Washington, DC on the first night of the 2012 SAC; it was attended by 50 people. 2. We co-hosted a Networking Luncheon at the SAC and had the Chief Judge of the United States Court of International Trade as a guest speaker. 3. We co-hosted a Family Feud exhibit at the Committee Expo that was interactive with prospective new members and well attended. 4. We intend to hold these at least two networking events (including a Committee dinner, plus either a lunch or happy hour) in Chicago. -11-

38 Commercial & Business Litigation Committee June 18, 2012 Progress Report 8. OTHER INFORMATION WE SHOULD KNOW Please state any other information your Division Director(s), Managing Directors, Officers, Council or Staff should know about your Committee s work since the start of the bar year. The Committee has begun planning for a mid-year meeting that it would like to hold in October of 2012 or

39 CIVIL RIGHTS LITIGATION COMMITTEE PROGRESS REPORT June 8, 2012 Submitted by: Name: Hayley Gorenberg ReNika Moore Andrew S. Pollis Address: Lambda Legal 120 Wall Street, Suite 1900 New York, NY NAACP Legal Defense & Educational Fund, Inc. 99 Hudson Street Suite 1600 New York, NY Milton A. Kramer Law Clinic Center Case Western Reserve Univ. School of Law East Boulevard Cleveland, Ohio Phone: (212) (212) (216) Position: Co-Chair Co-Chair Co-Chair 1. EXECUTIVE SUMMARY Please identify the key achievements of your committee since the start of the bar year. The Civil Rights Litigation Committee ( CRLC ) is a new committee formed from a split of the Consumer Rights and Civil Rights Committee, and as a new committee our first goals were to establish and publicize our identity and core goals as a committee and to recruit a diverse group of members. Consistent with these goals, our key achievements since the start of the current bar year have been the following: a. Developing and disseminating a core mission statement to section members b. Increasing our membership from zero (not including co-chairs) to 340 members c. Developing a subcommittee structure and making substantial progress toward filling the subcommittee-chair positions d. Having one of our program proposals selected for the 2012 Section Annual Conference in Washington, D.C. e. Co-sponsoring a second program at the 2012 Section Annual Conference f. Maintaining regular updates to the Committee website 1

40 g. Maintaining periodic listserv communications with our new members, including recruitment efforts for our subcommittees and creation of written content for our website and forthcoming newsletter 2. UPDATE ON PROGRESS ON GOALS For each of your committee s goals established in your 3-year plan, please provide a status report on your progress toward achieving that goal. If the goal has been achieved, please state the completion date and how achieving the goal affected the operations of your committee. Please organize your discussion of top goals into the appropriate category below. Membership Smart goal: Develop a diverse committee membership. Step 1 to achieve this goal was to develop a base of members from which we can draw subcommittee leadership, ensuring that membership is diverse. Content Smart goal: Develop plan to generate content for website, newsletter, and membership communications. In furtherance of this goal we have (1) selected a website editor; (2) created a website for our committee with content; (3) created a subcommittee dedicated to content (Membership communications). Completion Discussion Date 5/31/2012 Enrolled 340 new members into the group and have identified most subcommittee chairs. This process took longer than we expected, because our major recruitment effort did not occur until May But we are gratified now to have built a strong corps of committee members and to have our subcommittee leaders in place. We believe these developments put us in good stead to make substantial progress in the next ABA year on our newsletter, web content, and programming. 5/31/2012 See above. Our website editor has done a fantastic job of posting various items to the website to keep it fresh, and we also have updated our chair message periodically. But the real progress we hope to make in this area can start to occur now that we have subcommittee leaders and a robust membership base. 2

41 Programming Goal: Develop program proposals for SAC, ABA Annual meeting and other venues. 4/30/12 We presented a program on sexting, in collaboration with the First Amendment Litigation Committee, at the 2012 SAC. One of our co-chairs, Hayley Gorenberg, served as a panelist. We also co-sponsored, with LGBT Litigator, a program on the status of same-sex marriage rights. Both programs gave our new committee promotion opportunities that will continue to further our membership-recruitment efforts and overall profile within the Section. Committee Organization Goal: Develop subcommittee structure. 5/31//2012 We have completed our goal of identifying subcommittees and have largely identified subcommittee leaders now that we have a significant membership base. We will orient our new subcommittee leaders and update our web page to identify them. 3

42 Diversity Goal: To identify a committee understanding of what we mean when we say diversity. Ongoing We have agreed that we believe in diversity in a number of forms, including more traditionally recognized forms of diversity like race & ethnicity, sexual orientation and identity, and disability but we also seek and value other forms that we hope to see reflected in our committee, including public-interest practictioners and geographic diversity. Other Goal: Identify core mission of the committee. In the meantime, we have identified several female subcommittee leaders, and we know that some of them enhance our diversity as the term is traditionally defined. 10/2011 We have determined a core mission for the committee and publicized that mission through a Co-Chair s message and introductory to the Section. This was a very helpful exercise to help us articulate the Committee s primary focus and to introduce the Committee to the Section. We have used, and intend to continue using, our mission statement as a guidepost for our future work. 3. DEVELOPING A DIVERSE LEADERSHIP PIPELINE -- Please provide a list of the subcommittee chairs of your committee and indicate whether they are within any of the ABA Goal III diversity characteristics. Expand the table as necessary to include all subcommittee chairs, or provide an attachment with the requested information. If you need information from your subcommittee chairs to complete the chart below, you can use the Diversity Information Request Form, available on the Leadership Reference Library where you found this Progress Report form. Note that providing the information to the ABA is voluntary, as the form itself notes. Please note: The list below includes individuals whom we have identified as likely subcommittee chairs, but we are still in the process of formalizing these appointments: 4

43 Name, Firm/Entity Affiliation, City Ethnicity Male or Female Disabled LGBT Caruso, Carmen D. (Carmen D. Caruso Law Firm, Chicago, IL) Conley, Danielle (Wilmer Hale, Washington, DC) Gevertz, David (Baker Donelson, Atlanta, GA) Hitt, John R. (Cosgrove Eisenberg & Kiley PC, Boston, MA) Luce, James M. (Law Offices of Douglas L. CarteR, P.C., Kansas City, MO) Caucasian Male Unknown Unknown Caucasian Male Unknown Unknown Caucasian Male Unknown Unknown Mak, Lisa Asian Pacific Female Unknown Unknown McCall, Michael C. Unknown Male Unknown Unknown (Humacao, PR) Miller, Racine (We Fight The Law, PLLC, Detroit, MI) Caucasian Female Unknown Unknown Moore, Karin (Florida A&M University College of Law) Moore, Stanford (Case Western Reserve University School of Law, Cleveland, OH) Oswald, Nathan (University of Toledo College of Law, Toledo, OH) Ricks, Sarah E. (Rutgers School of Law, Camden, NJ) Robertson, Cassandra (Case Western Reserve University School of Law Ross, Bobbie K (Michel & Associates, Long Beach, CA) Caucasian Female Unknown Unknown Caucasian Male Unknown Gay Unknown Male Unknown Unknown Caucasian Female Unknown Unknown Caucasian Female No No African- Female Unknown Unknown American Caucasian Male Unknown Unknown African- American Female Unknown Unknown 5

44 Name, Firm/Entity Affiliation, City Ethnicity Male or Female Disabled LGBT Schoen, David I. (The Law Caucasian Male Unknown Unknown Office of David Schoen, Atlanta, GA) Sibanda, Kissinger Unknown Unknown Soofi, Rabeh (solo Caucasian Female Unknown Unknown practitioner, Los Angeles, CA) Stansbury, Mark (Stansbury Law Firm, Columbus, OH) Caucasian Male No No 4. MEMBERSHIP RECRUITMENT DRIVE -- State whether you have completed or scheduled your committee membership recruitment drive in coordination with the staff Membership & Marketing Unit and, if so, when the drive is scheduled or was completed. Also please explain how and what you identified as your target market(s). If completed, how many new committee members joined your Committee as a result of the drive? We were finally able to complete our membership-recruitment drive in May We targeted the entire Section. The result was spectacular; we added hundreds of new members, and Section staff reports that our membership increase was the largest response the Section has ever had in response to a recruitment drive. 5. OPPORTUNITIES FOR COORDINATION/COLLABORATION Please identify any areas where the work of your committee can be coordinated, or done in collaboration, with other Section committees or task forces. We believe that Programming in particular is an area where we can continue to collaborate with other Section committees. We have already completed a panel at the Fall leadership meeting in Philadelphia, which we did jointly with other Section committees and two programs at the 2012 SAC in collaboration with other committees. 6. NEEDED RESOURCES Please identify any resources or assistance you need to improve the work of your committee. We will continue to use ABA staff and resources for membership outreach and website/content development. 6

45 7. SECTION ANNUAL CONFERENCE Please provide the following information about activities of your Committee at the 2012 Section Annual Conference: a. How many subcommittee chairs attended: At the time of the 2012 SAC, we had not yet completed our membership-recruitment drive and therefore did not have a subcommittee roster in place. b. Did your Committee hold a business meeting at the 2012 Section Annual Conference? If yes, how many people attended the business meeting? Will your committee hold a business meeting at the 2012 Section Annual Conference? See above. c. Did your Committee hold any sort of networking event (not including the Expo and the Networking Luncheons) at the 2012 Section Annual Conference? If yes, describe the event and state how many people attended. Do you plan to hold such an event at the 2012 Section Annual Conference? In addition to our programming, our Committee attended the coffee hour on one of the mornings of the SAC and used that opportunity to promote the Committee. We also had a popular Jeopardy! table at the Committee Expo, complete with questions about important civilrights issues and valuable prizes for our contestants: 7

46 8. OTHER INFORMATION WE SHOULD KNOW Please state any other information your Division Director(s), Managing Directors, Officers, Council or Staff should know about your Committee s work since the start of the bar year. We appreciate the support and patience that the Section staff and division directors have provided us this year. We are proud of the progress we have made and look forward to taking our Committee to the next level in

47 CONDEMNATION, ZONING AND LAND USE COMMITTEE PROGRESS REPORT June 8, 2012 Submitted by: Robert J. Will J. Casey Pipes Lewis, Rice & Fingersh, L.C. Helmsing, Leach, Herlong, Newman & Rouse, PC 600 Washington, Suite 2000 P.O. Box 2767 St. Louis, Missouri Mobile, Alabama Co-Chair Co-Chair 1. EXECUTIVE SUMMARY Please identify the key achievements of your committee since the start of the bar year. We have several significant accomplishments to report for our committee during the past year: 1. Our 50 State Laws of Eminent Domain Compendium project has gone to press and we expect it to be released for sale by ABA s First Chair Press before the Spring Leadership Meeting in San Juan, PR in late June We successfully (and privately funded) a committee recruiting event at the annual ALI-ABA Conference in San Diego, CA in late January 2012, which resulted in a significant increase in membership in Spring We successfully co-sponsored a program (Trying a Complex Case in a Sound Bite World) and a luncheon program (Hon. Emily Hewitt, Chief Judge of U.S. Court of Federal Claims) at the Section Annual Conference in Washington D.C. Both featured excellent speakers, were very well attended, and were highly rated by the attendees. We also held a Committee business meeting and participated in the Committee Expo with the well-received Cash Cab booth, which literally lived up to its name. 4. We will co-sponsor a program at the ABA Annual Meeting in Chicago in August UPDATE ON PROGRESS ON GOALS For each of your committee s Goals established in your 3 year plan, please provide a status report on your progress toward achieving that goal. If the goal has been achieved, please state the completion date and how achieving the goal and how doing so affected the operations of your committee. Organize your discussion of top goals into the appropriate category below. 1

48 Membership Increase membership by 10% this bar year Smart Goal #1 Hold annual recruiting function Smart Goal #3 Content Complete 50 State Compendium Smart Goal #2 Publish 50 State Compendium in book form. Smart Goal #2 Programming Increase Committee profile and membership Completion Date August 31, 2012 January 2012 December 31, 2011 July 15, Discussion We lost over 150 members during annual membership purges by ABA in October 2011 and again in January We are unable to determine how many of these drops remained active in the ABA Section of Litigation and dropped only our Committee, but we suspect this number is very low. From the reduced membership base, however, we have increased membership by over 80 (roughly 15%) from October 2011 through April 2012 according to the monthly drop/add reports. We believe our percentage increase in members compares very favorably with other committees. The ALI-ABA Eminent Domain conference was well attended by our Committee members and leaders, but we were unable to secure any funding or resources to host a recruiting event. Notwithstanding the absence of a budget, and by word-of-mouth efforts alone, we increased membership by 55 people in the month following the conference. Goal met. Goal exceeded. We appear on track for publication in early June 2012, according to First Chair Press liaison Dr. Sarah Orwig. The Committee co-sponsored a very successful regular CLE program at the SAC

49 through programs and annual meetings Smart Goal #1 in Washington, D.C. (Trying a Complex Case Hydraulic Fracking in a Sound Bite World) as well as an entertaining luncheon program featuring the Chief Judge for the U.S. Court of Federal Claims. The Committee is also co-sponsoring a program at the ABA Annual meeting in Chicago. Cochair Casey Pipes will be a speaker at this program. Our Committee was well represented on the faculty of the ALI-ABA Eminent Domain and Land Valuation Seminar and its counterpart Condemnation 101 seminar in January 2012 in San Diego. Committee Organization Add new Subcommittee positions, and make new Subcommittee Chair appointments to increase female, diverse, and young lawyer representation. Smart Goal #1 Diversity Add new Subcommittee positions, and make new Subcommittee Chair appointments to increase female, diverse, and young lawyer representation. Smart Goal #1 September 2011 September 2011 Committee leaders have been active speakers at conferences in our fields of practice, which can increase awareness about the Committee and the Section. This task was completed. See the chart below for the current subcommittee structure. This task was completed. See the chart below for the current subcommittee members. 3. DEVELOPING A DIVERSE LEADERSHIP PIPELINE: Provide a list of the subcommittee chairs of your committee and indicate whether they are within any of the ABA 3

50 Goal III diversity characteristics. Expand the table as necessary to include all subcommittee chairs, or provide an attachment with the requested information. If you need information from your subcommittee chairs to complete the chart below, you can use the Diversity Information Request Form, available on the Leadership Reference Library where you found this Progress Report form. Note that providing the information to the ABA is voluntary, as the form itself notes. Name / Firm / City Jill S. Gelineau Schwabe, Williamson & Wyatt, P.C. Portland, OR William G. Blake Baylor Evnen Law Firm Lincoln, NE Christian F. Torgrimson Pursley Lowery Meeks, LLP Atlanta, Georgia Anthony F. Della Pelle McKirdy & Riskin, PA Morristown, N.J. Tom Olson McKirdy & Riskin, PA Morristown, N.J. David A. Weder Lewis, Rice & Fingersh, L.C. St. Louis, MO Michael J. Rothermel Spotts Fain PC Richmond, VA Joaquin Hernandez Schwabe, Williamson & Wyatt, P.C. Seattle, WA Jarrod P. Crouse Baylor Evnen Law Firm Lincoln, NE Charles B. McFarland Joyce, McFarland + McFarland, LLP Houston, TX Ethnicity Caucasian Caucasian Caucasian Caucasian Caucasian Male or Female F M F M M LGBT Caucasian M X Caucasian Hispanic Caucasian Caucasian M M M M 4. MEMBERSHIP RECRUITMENT DRIVE: State whether you have completed or scheduled your committee membership recruitment drive in coordination with the staff Membership & Marketing Unit and, if so, when the drive is scheduled or was completed, how 4

51 and what you identified as your target market(s); and if completed, how many new committee members joined your Committee as a result of the drive. We initiated a membership recruiting drive in February 2012 following our in-person recruiting efforts at the ALI-ABA Eminent Domain and Land Valuation seminar (January 2012) in San Diego. Our membership numbers increased by a net +78 (13+%) from January through May 2012, according to the monthly drop/add reports. 5. OPPORTUNITIES FOR COORDINATION/COLLABORATION please identify any areas where the work of your committee can be coordinated, or done in collaboration, with other Section committees or task forces We have and will continue to develop our close ties with Real Estate Litigation Committee and the Expert Witness Committee. We co-sponsored a well-received CLE presentation with the Energy Litigation Committee at the 2012 SAC (concerning hydraulic fracking), and we will co-sponsor a CLE presentation with the Section of State and Local Government at the 2012 ABA Annual Meeting. In addition, we have some ties and overlap with the leadership of the ABA Section of Real Property, Trust and Estate Law s Condemnation Committee and the State and Local Government Section (chair Susan Low). 6. NEEDED RESOURCES please identify any resources or assistance you need to improve the work of your committee. We requested, but did not receive, funding to assist with a recruiting effort in connection with the ALI-ABA Eminent Domain Conferences in February 2011 and January While we did not know this at the time, the announcement in April that ALI and ABA were disbanding their CLE partnership led us to conclude that might have been an explanation of the lack of monetary support. For many years, the ALI-ABA conference is one of the major national conferences in our Committee s practice area, and is a tremendous opportunity to recruit new members. Due to its popularity, it has become the de-facto annual meeting for our Committee, because it is the event at which most of our Subcommittee Chairs attend more so than the SAC and ABA Annual meetings. This past year marked the third or fourth year in a row during which we had an organized business lunch meeting at the ALI-ABA conference that nearly all of the Subcommittee Chairs attended (all expenses borne by a willing Co-Chair). In addition, the ALI-ABA conference s companion Condemnation 101 course made this an excellent recruiting source for young lawyers. 5

52 At this time, we are uncertain of the future of this conference, or whether ABA or ALI will sponsor it in the future. Given the popularity and profitability of this conference, we feel sure that some conference will emerge as the new go-to conference for our practice area. We view this as a tremendous opportunity for our Committee and for the ABA CLE division to try to be a part of the future of this conference. Even if ABA CLE does not put together the successor program, the Section should dedicate resources to the Committee either to enable us to try and put together the successor CLE conference (assuming there is no heir apparent) or, at an absolute minimum, sponsor a recruiting event at whatever successor conference emerges. 7. SECTION ANNUAL CONFERENCE Please provide the following information about activities of your Committee at the 2012 Section Annual Conference: a. How many subcommittee chairs attended: Two of the committee s ten subcommittee chairs, including our Website/50 State Compendium Editor and Membership Chair, attended the 2012 Section Annual Conference, in addition to our Committee s two Co- Chairs. b. Did your Committee hold a business meeting at the 2012 Section Annual Conference? If yes, how many people attended the business meeting? Did your committee hold a business meeting at the 2012 Section Annual Conference in Washington DC? We had a brief business meeting at the 2012 SAC attended by the cochairs and two subcommittee chairs. We had twelve people attend our substantive practice area discussion lunch (Chief Judge Emily Hewett) at the SAC. We also had a separate subcommittee chair dinner that was attended by one Co-Chair and by two subcommittee chairs and spouses in attendance. We plan to have an off-site business meeting/dinner at the 2012 Annual Meeting as well, and look forward to good participation by attending subcommittee chairs and members. c. Did your Committee hold any sort of networking event (not including the Expo and the Networking Luncheons) at the 2012 Section Annual Conference? If yes, describe the event and state how many people attended. One co-chair and two subcommittee chairs, with spouses, attended a dinner off-site at this event. We plan to have a similar event at the 2012 Annual Meeting. 6

53 8. OTHER INFORMATION WE SHOULD KNOW please state any other information your Division Director(s), Managing Directors, Officers, Council or Staff should know about your Committee s work since the start of the bar year. As stated above, the ALI-ABA seminar traditionally was the Committee s annual meeting by default. Almost all of our Subcommittee Chairs attended, as well as current and past co-chairs, and a majority of our State Editors. It would be most helpful for the Committee to know the fate of this annual seminar in the wake of the ALI and ABA split. Unless it is wholly taken on by ALI (and ABA recruitment is forbidden or unwelcome at the event), this could be an excellent opportunity for the Committee to take on a major role in an annual, well-attended seminar in our field (if ABA takes on the event in the future), or to create a new event to fill the void left by the discontinuation of the annual ALI-ABA seminar. We are also working on a beta project at the request of incoming Section chair Bill Bay and managing director John Morris, in which we are proposing an overhauled structure for our Committee s website, which will focus more on practical tips (a Top 10 tips format) for every condemnation lawyer to know in practicing and trying cases in our field. The idea is to appeal to young or occasional practitioners by giving them key Supreme Court and other high profile notes, rules of law or procedure, and tips on trying a condemnation case from start to finish (which has universal appeal). We will build upon our 50 state compendium to be published shortly, and focus our efforts on these practice tips more than flash news or flash case traffic, which are fewer and farther between in our practice area (primarily due to the state-law driven nature of the field). As a smaller, but very stable, committee, we believe that there are alternate ways to better serve our members and to recruit new members who are likely more interested in practice tips content, than isolated stories or cases from foreign states or on topics of little relevance to their specific practice. We will also try to redouble our efforts to have our State Editors provide more supplemental content to their state law chapters in the Compendium, providing an occasional case note and/or news update that would be organized by state on the website. This should satisfy those who visit our site looking for specific supplementation of our 50 State Law Compendium and/or those who have interest in particular state law developments. We anticipate the publication of the Compendium may lead to a significant increase in membership as well. 7

54 CONSTRUCTION LITIGATION COMMITTEE COMMITTEE/TASK FORCE PROGRESS REPORT, JUNE 7, 2012 Drew Williams Turner Padget Graham & Laney, P.A. P.O. Box 1473 Columbia, SC (803) Ed Gentilcore Sherrard, German & Kelly, P.C. Two PNC Plaza, 28th Floor Pittsburgh, Pennsylvania (412) EXECUTIVE SUMMARY Please identify the key achievements of your committee since the start of the bar year. The CLC has enjoyed a very active and productive bar year. We participated in the AP Leadership Program where we developed many strategies for becoming more relevant to our members. We have completely re-tooled our Subcommittee Leadership and have continued to publish Construct! We have prepared and presented two webinars and are assisting the ABA Forum on the Construction Industry with their Trial Academy. 2. UPDATE ON PROGRESS ON GOALS For each of your committee s Goals established in your 3 year plan, please provide a status report on your progress toward achieving that goal. If the goal has been achieved, please state the completion date and how achieving the goal and how doing so affected the operations of your committee. Organize your discussion of top goals into the appropriate category below. Membership Young Lawyers Completion Date May 25, 2012 Race and Gender Diversity May 25, 2012 Discussion We have appointed a young lawyer as a subcommittee co-chair and have implemented a mentor/mentee program within our leadership. We have recently appointed three new female subcommittee chairs and two new

55 Content Newsletter May 25, December 31, 2012 racially diverse subcommittee chairs. We have revamped our participation requirements among our subcommittees and are on track to publish Construct! quarterly. Webpage Ongoing We are continuing to bring the website up to date and are consistently updating the case notes. We are currently working with a new subcommittee cochair to utilize social media. Programming ABA Annual Meetings Section Annual Conference ABA Forum on Construction Industry March, 2012 August, 2011 April 30, 2013 We submitted CLE programs for the ABA Annual. We submitted 3 great programs for the 2012 SAC. We have been asked to develop a plenary program for the Forum annual meeting. Distance CLE Ongoing We are working with our new subcommittee chairs to schedule at least one distance CLE. We have presented one teleconference CLE and are currently planning another one. Committee Organization Committee Leadership Structure Ongoing We are starting to use our two monthly listserves to better communicate with the CLC. We held a teleconference last week in which we scheduled future

56 meetings. Succession Planning Ongoing We have not yet determined the next cochair for the committee for the year. Subcommittee Structure May 25, 2012 We have completely revamped and filled all of our new subcommittees and have received a pledge from them to meet with us at the leadership meeting in St. Louis in September, Diversity See Above Other May 25, Ongoing Additionally, we have added diversity as one of the subcommittees and are working with our new cochairs to develop a more diverse membership. 3. DEVELOPING A DIVERSE LEADERSHIP PIPELINE: Provide a list of the subcommittee chairs of your committee and indicate whether they are within any of the ABA Goal III diversity characteristics. Expand the table as necessary to include all subcommittee chairs, or provide an attachment with the requested information. If you need information from your subcommittee chairs to complete the chart below, you can use the Diversity Information Request Form, available on the Leadership Reference Library where you found this Progress Report form. Note that providing the information to the ABA is voluntary, as the form itself notes. Name, Firm/Entity Affiliation, City Ethnicity (African American, Asian Pacific, Caucasian, Hispanic, Native American) Male or Female Edward R. Gentilcore, Esquire White Male Disabled LGBT

57 Sherrard, German & Kelly, P.C. Committee Co-Chair Pittsburgh, PA D. Andrew Williams, Esquire Turner Padget Graham & Laney P.A. Committee Co-Chair Columbia, SC Vanessa M. Serrano, Esquire Broad and Cassel Committee Co-Chair Fort Lauderdale, FL Michael Kolloway, Esquire AECOM Technology Corp. Courts, In-House Counsel and Committee Liason to ABA Forum and ABA Sections Subcommittee Chicago, IL Charlotte Wiessner, Esquire Sherman & Howard, LLC Courts, In-House Counsel and Committee Liason to ABA Forum and ABA Sections Subcommittee Denver, CO The Honorable Clifton Newman Courts, In-House Counsel and Committee Liason to ABA Forum and ABA Sections Subcommittee Kingstree, SC Michelle Reddin, Esquire Damages, Defects, Scheduling and Experts Subcommittee Tampa, FL Megan S. Wells Navigant Damages, Defects, Scheduling White Hispanic- American White White African- American White White Male Female Male Female Male Female Female

58 and Experts Subcommittee Seattle, WA Jim Warren, Esquire Carroll Warren & Parker PLLC Damages, Defects, Scheduling and Experts Subcommittee Jackson, MS Paul Rodrigues, CFE, CPA, CFF, CGMA, MST Chortek & Gottschalk, LLP Damages, Defects, Scheduling and Experts Subcommittee Waukesha, WI Jeanne Barnum, Esquire Schnader Harrison Segal & Lewis LLP Green/Sustainability Subcommittee Cherry Hill, NJ Logan A. Hollobaugh, Esquire Ogletree Deakins Green/Sustainability Subcommittee Chicago, IL James Leonard, Esquire Barnes & Thornburg, LLP Insurance and Surety Claims Subcommittee Atlanta, GA Jeffrey M. Paskert, Esquire Mills Paskert Divers Insurance and Surety Claims Subcommittee Tampa, FL Steven J. Havercamp, Esquire Stanley, Lande & Hunter Mediation/Arbitration/Alternative Dispute Resolution Subcommittee White White White White White White White Male Male Female Male Male Male Male

59 Davenport, IA Eric P. Sparks, Esquire Gould & Ratner, LLP Mediation/Arbitration/Alternative Dispute Resolution Subcommittee Chicago, IL Stanley P. Sklar, Esquire Dispute Resolution Services Mediation/Arbitration/Alternative Dispute Resolution Subcommittee Chicago, IL Michael T. Kamprath, Esquire Thresher & Thresher, P.A. Mediation/Arbitration/Alternative Dispute Resolution Subcommittee Tampa, FL J. Kevin Bridston, Esquire Holland and Hart Membership, Diversity and Outreach Subcommittee Denver, CO Kenneth I. Levin, Esquire Pepper Hamilton, LLP Membership, Diversity and Outreach Subcommittee Philadelphia, PA Toshikazu Dezaki Navigant Consulting, Inc. Membership, Diversity and Outreach Subcommittee Coral Gables, FL Megan Mulder Membership, Diversity and Outreach Subcommittee R. Thomas Dunn, Esquire Little Medeiros Kinder Bulman White White White White White Japanese- American White White Male Male Male Male Male Male Female Male

60 & Whitney, P.C. Professional Education and Ethics Subcommittee Providence, RI Frederick E. Hedberg, Esquire Holloran & Sage, LLP Professional Education and Ethics Subcommittee Hartford, CT Michael R. Gordon, Esquire K&L Gates LLP Professional Education and Ethics Subcommittee New York, NY Karen P. Layng, Esquire Vedder Price P.C. Professional Education and Ethics Subcommittee Chicago, IL Melissa A. Beutler, Esquire Hollard & Hart LLP Publications/Website/Social Media Subcommittee Las Vegas, NV Patrick Greene, Esquire Peckar & Abrahamson, P.C. Publications/Website/Social Media Subcommittee River Edge, NJ David M. Frommell, Esquire Sherman & Howard, LLC Publications/Website/Social Media Subcommittee Denver, CO David Kurtz, Esquire Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Publications/Website/Social Media Subcommittee White White White White White White White Male Male Female Female Male Male Male

61 New Orleans, LA 4. MEMBERSHIP RECRUITMENT DRIVE: State whether you have completed or scheduled your committee membership recruitment drive in coordination with the staff Membership & Marketing Unit and, if so, when the drive is scheduled or was completed, how and what you identified as your target market(s); and if completed, how many new committee members joined your Committee as a result of the drive. The CLC has not yet completed its membership drive but is currently working with the new membership subcommittee co-chairs on this very important initiative. 5. OPPORTUNITIES FOR COORDINATION/COLLABORATION please identify any areas where the work of your committee can be coordinated, or done in collaboration, with other Section committees or task forces The CLC is looking to partner with other committees to hold distance CLEs and to put on programs at the SAC and Annual Meetings. We are currently sponsoring a program proposal for the Committee on Corporate Counsel CLE Seminar in February NEEDED RESOURCES please identify any resources or assistance you need to improve the work of your committee. None at this time. 7. SECTION ANNUAL CONFERENCE Please provide the following information about activities of your Committee at the 2012 Section Annual Conference: a. How many subcommittee chairs attended: 3 of the committee s 14 subcommittee chairs attended the 2012 Section Annual Conference. Please note that SAC was held before the CLC restructured its subcommittee leadership. We will have much better attendance in 2013.

62 b. Did your Committee hold a business meeting at the 2012 Section Annual Conference? If yes, how many people attended the business meeting? Will your committee hold a business meeting at the 2012 Section Annual Conference? No, we did not hold a business meeting at the 2012 SAC but are planning to hold one at the 2013 meeting. c. Did your Committee hold any sort of networking event (not including the Expo and the Networking Luncheons) at the 2012 Section Annual Conference? If yes, describe the event and state how many people attended. Do you plan to hold such an event at the 2012 Section Annual Conference? The CLC did participate in the expo but did not hold any other sort of networking event but plan to hold such an event at the 2013 SAC. 8. OTHER INFORMATION WE SHOULD KNOW please state any other information your Division Director(s), Managing Directors, Officers, Council or Staff should know about your Committee s work since the start of the bar year. The CLC has certainly been rejuvenated through its participation in the AP Leadership program and we have implemented many of the suggested changes gleaned through our participation.

63

64

65

66