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Spring 2014
A Note from Bob — Managing Member
Nearly two years ago, we enhanced our alumni program with the goal of developing closer ties with all of you and providing a forum for you to connect with each other. Since that time we have hosted eight alumni events in our offices, and they have been met with rousing enthusiasm. As we continue to look for new ways to connect, we have decided to launch an alumni newsletter to provide firm updates and highlight the activities of friends and former colleagues.
In our inaugural issue of Alumni Connections, we feature former Massachusetts Senator and boomerang alumnus, William “Mo” Cowan. Whether you crossed paths with Mo during his first stint at the firm or not, we hope you’ll enjoy reading this exclusive take on his time in the Senate, his decision to return to the firm as Of Counsel, and his new roles as Senior Vice President and Chief Operating Officer at ML Strategies. We also thought you would be interested in meeting recent lateral Members, including Lisa Adams, William (Bill) Geary, and Christina Sperry. Together with Terri Shieh-Newton, who joined our growing San Francisco office in late April, these experienced attorneys add substantial depth to our Medical Technology, Health Care, and Life Sciences practices, and bolster our renowned patent and trademark capabilities in these sectors. We also just welcomed Geoffrey Why as a Member in our Communications Practice. I am sure you’ll enjoy meeting these new Members and all of the new laterals who have recently joined the firm.
You may recall from your days at Mintz Levin that pro bono service has traditionally been an integral part of the firm's mission. This issue includes news about an innovative fellowship program designed to connect senior attorneys with those in need of pro bono help as well as an item about an influential Supreme Court amicus brief written by our pro bono team.
Finally, we are proud to share how the firm has leveraged the power of social media to promote our thought leadership and address the implications of the latest business and legal developments in various industries.
But enough about us. What's new with you? Please share your news with us, along with any suggestions for this newsletter, by contacting us at [email protected]. We hope that Alumni Connections will help us strengthen valued relationships, and we look forward to hearing from you!
1) What prompted your decision to return to Mintz Levin?
How does one say no to Bob Bodian and Bob Popeo? Seriously, I physically left the firm for four years, but I left behind many wonderful memories, and even more friends. So when I considered my post-public service, Mintz Levin was never far from mind. But ultimately the opportunity to return and work at Mintz Levin and have a leadership role in ML Strategies led to my decision. It has been an exciting return. I have been busy with client development, offering strategic counsel to the firm and ML Strategies clients, attending to the operations of ML Strategies with Steve Tocco, and getting reacquainted with colleagues, old and new.
2) How did you get from Mintz Levin to the Senate?
In 2009, I applied for a seat on the United States District Court – District of Massachusetts, and I reached out to Governor Patrick for his support. He offered it, but as the judicial selection played out, also offered me the chance to join his administration as his Chief Legal Counsel should the judicial seat go to another. When it did, I told the Governor, whom I have known for a decade and a half, that I would be honored to join his team.
I served as Governor Patrick's Chief Legal Counsel from November 2009 to December 2010. In December 2010, he asked me to serve as Chief of Staff in his second term. I held that position until early 2013, when I announced my plan to return to the private sector. But by then President Obama had appointed John Kerry to serve as Secretary of State, and before I could follow through on my plan, Governor Patrick asked me to serve as the interim Senator for Massachusetts.
I served in that position until Senator Ed Markey was sworn into the seat on July 16, 2013.
3) What did a typical day in the Senate look like?
The typical day in the Senate was filled with committee meetings, constituent meetings, discussions with colleagues regarding legislative initiatives, and usually votes when we were in session. Three times a week I stood in for the President pro tempore (the most senior senator in the majority party, currently Senator Pat Leahy of Vermont) to open and preside over the Senate session. I most enjoyed meeting with constituents and often surprised my staff by joining constituent meetings unannounced. My typical day also was atypical because I did not have to do any fundraising, unlike all of my colleagues.
4) What did you enjoy most about your role as a US senator?
I very much enjoyed the interactions with my Senate colleagues. I found all of my fellow senators to be warm and welcoming, without regard for political affiliation. And I enjoyed digging in on the issues. I served at a most dynamic time and there were no mundane issues on the table. During my short stint in the Senate we considered the Senate's budget for the next fiscal year, gun violence prevention measures, marketplace fairness, comprehensive immigration reform, the situation in Syria, and much more. I only wish my colleagues and I would have been able to put more of the politics aside to close out on some of those important issues.
5) What were some of the most compelling issues that arose during your time in the Senate?
I took office about a month and a half after the Newtown, CT shootings. The horror of that event and the pangs of loss lingered over the Chamber, and led to robust debate about gun rights, violence, and safety. I was heartened that a bipartisan bill ultimately was proposed, but equally disheartened when the bill ultimately was defeated. In addition, and throughout my term, I remained concerned about the fiscal well-being of the nation and Congress's inability — or unwillingness — to come together with the interests of the country first in our minds. I also had the opportunity to visit the Middle East with a few of my Senate colleagues, gaining an up-close perspective on the Syrian conflict and its impact on the region. This situation concerns me greatly.
6) What is the best piece of career advice you ever received?
Always believe that you can be anyone's equal, but never believe you're better than anyone (hat tip: my mom).
It is okay to be wrong, but it is never good to be uncertain (hat tip: Bob Popeo).
7) What do you remember most about your days at Mintz Levin?
I will recall with fondness the kindness, care, and attention I received during my first baker's-dozen years at Mintz Levin. I grew up — professionally and personally — at Mintz Levin. Mintz Levin was there for me on one of the happiest days of my life (there were two tables full of Mintz Levin colleagues at my wedding) and one of my darkest (Bob Popeo visiting with me to offer comfort and perspective after my uncle's suicide). I also fondly recall my many interactions with Richard Mintz, starting with my earliest: lunch my first week at the firm. We went for sushi and Richard ordered sake with his meal. I knew then and there I was at the right firm.
8) What did you learn or experience while at Mintz Levin that has helped you in your career?
Wherever you are and whatever you're doing, be all in. Partake in the experience and environment fully and never stop looking for new ways to add value. And, finally, treat everyone with respect and care because everyone plays an important role in the work at hand.
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QUICK FUN FACTS
First job: Cutting the lawn at my church.
Favorite TV show: Currently, Archer or Sherlock Holmes (BBC/PBS). All-time favorite, The Cosby Show (not to be confused with The Cosby Mysteries, which was awful!).
Person you'd most like to meet in life: I'd love to see my late father again and know whether I have lived a life of which he would be proud.
Favorite dessert: Apple pie.
Something people don't know about you: If I had the time and resources, I would travel the world… following Prince in concert!
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Visit Mo's bio page.
IP Life Sciences Team Helps Ganeden Biotech Protect Its Probiotic Innovation
Our client Ganeden Biotech has been issued a US patent that protects the use of all Bacillus coagulans probiotic strains, including the company’s GanedenBC30, in coffee, tea, and cereal applications.
The patent was obtained through the efforts of Member Ingrid Beattie and Technology Specialist Shirley De Chant.
In the company’s press release, David Keller, VP of Scientific Operations, graciously recognized our IP team’s assistance and ongoing support, saying, “Our patent attorneys at Mintz Levin continue to provide superior legal counsel that strengthens our market position.”
Ganeden Biotech is a recognized world leader in the manufacturing and marketing of probiotics. The company’s innovative, spore-forming probiotic organisms can withstand harsh manufacturing processes and are therefore ideal for use in products such as coffee, tea, and cereal. Patent protection should give Ganeden Biotech a significant competitive advantage when it comes to working with business partners to deliver probiotics through these every-day products. “This patent goes a long way toward supporting our partners in their quest to launch new brands and revolutionize existing ones,” CEO Andy Lefkowitz said.
Mintz Levin’s IP Practice includes more than 35 outstanding US and UK professionals dedicated to handling clients’ life sciences, high tech, and med tech patent prosecution needs. June 24 through June 26, the firm will serve as the IP Track Sponsor of the 2014 BIO International Convention in San Diego. At the show, Mintz Levin will present two panel sessions, one on the Small Business Innovation Research (SBIR) program, the other on patent litigation reform. In addition, the firm will host a BIO Cocktail Reception on the top floor of San Diego’s Diamond View Tower, at the Ultimate Skybox overlooking Petco Park. If you’d like to join us at the reception, please contact Kellie Ellermann.
Seasoned Attorneys Bring Deep Experience and Industry Know-How
We continue to expand our capabilities in various practices and industry sectors.
Recent hires in the last eight months include boomerang alumnus Senator William “Mo” Cowan, whose significant experience adds tremendous depth to our ML Strategies government relations team and the firm's Litigation Practice. Our Boston office added Kenneth Appleby, Marc Mantell, and Geoffrey Why, who boosted our Tax, Corporate & Securities, and Communications Practice capabilities, respectively. In New York John Bae joined the Bankruptcy, Restructuring & Commercial Law Practice, and in DC, Larry Freedman joined the Health Law team and Andrew Shin joined ML Strategies. In April, our Intellectual Property Practice gained four new Members: Lisa Adams, Bill Geary, Terri Shieh-Newton, and Christina Sperry bring extensive experience in medical technology as well as the health care, life sciences, and clean technology sectors. Finally, our San Francisco office has notably expanded to include several new faces. In addition to Terri Shieh-Newton, we have welcomed Rob Burwell, Paul Churchill, Paul Davis, Michelle Gillette, Daniel Herling, Marty Lorenzo, and Evan Nadel.
We're thrilled to welcome all of these new hires to the Mintz Levin network!
Lisa Adams
Lisa joined our Boston office as a Member of the Intellectual Property Practice. Lisa handles patentability evaluations, preparation and prosecution of patent applications, reissue and reexamination of patents, freedom to operate studies, due diligence, portfolio development and management, IP strategy, and clearance studies. By creating a roadmap that identifies end-goals, the critical stage gates, and how best to manage along the way, she helps clients enhance their profitability and avoid surprises surrounding planned commercial launches, competitor patent filings, and investor exits. She represents clients in such areas as medical and life science technology, mechanical products and processes, chemical and material science, and electrochemistry.
Lisa received her JD from New England School of Law and her BS in Chemistry from Texas State University.
Kenneth Appleby
Kenneth joined our Boston office in early April of this year as a Member in the Tax Practice. He has more than 25 years of experience providing clients with tax-efficient advice and solutions covering a diverse range of domestic and international transactions. He has counseled clients in over 200 domestic and international merger and acquisition transactions; advised US and foreign private equity firms and real estate fund sponsors in both fund formation and portfolio investments; created tax-optimized structures for the creation, holding, and disposition of intellectual property; designed and implemented tax-efficient structures for real estate development joint ventures and a wide range of corporate transactions; and advised clients with respect to like-kind exchanges and syndicated tenants-in-common offerings.
Kenneth received his JD from American University Law School and his BS in both Accounting and Transportation from Syracuse University.
John Bae
John joined our New York office in September 2013 as a Member in the Bankruptcy, Restructuring & Commercial Law Practice. His practice encompasses the representation of various parties in restructuring, cross-border insolvencies, and commercial litigation and products liability matters. His clients include debtors, creditors, and other constituencies involved in Chapter 11 cases.
John received his JD from Hofstra University and his BA from State University of New York – Albany.
Senator William "Mo" Cowan
Senator Mo Cowan is Of Counsel to Mintz Levin and Senior Vice President and Chief Operating Officer of ML Strategies, the firm's government relations and business advisory affiliate. Prior to rejoining Mintz Levin, where he practiced from 1997 to 2009, he represented the Commonwealth of Massachusetts as interim United States Senator, filling the vacancy created when John Kerry was appointed United States Secretary of State.
Mo received his JD from Northeastern University and his BA from Duke University.
Laurence "Larry" Freedman
Larry joined as a Member in the Health Law Practice in January in the DC office. He bolsters our health care enforcement experience as his practice focuses on defending health care and life sciences clients against allegations and in investigations of fraud and abuse involving governmental programs. He served as the Assistant Director in the Civil Fraud Section at the Department of Justice for many years before moving to private practice. His clients include hospitals and health systems, dialysis providers, clinical laboratories, medical equipment companies, pharmaceutical and device manufacturers, and health care executives.
Larry obtained his JD from Yale University and his BA from Colgate University.
William "Bill" Geary
Bill joined our Boston office as a Member in the Intellectual Property Practice. He is an experienced patent and trademark attorney with a particular background in medical technology, polymers and advanced materials, and chemicals.
Bill provides counsel on all phases of patent and trademark law through development strategy, protection, and exploitation of patent and trademark rights. His clients include start-ups, large companies such as Johnson & Johnson, medical technology manufacturers, and research institutions such as Massachusetts General Hospital.
He received his JD from Case Western Reserve University School of Law and his BS in Plastics Engineering from the University of Massachusetts – Lowell.
Marc Mantell
Marc joined the Boston office as a Member in the Corporate & Securities Practice in February. Marc focuses his practice on securities offerings, mergers and acquisitions, and debt financings. Representing both public and private companies, he provides counsel on capital raising transactions and SEC compliance to clients in industries such as life sciences, technology and communications, and retail and consumer products.
Marc received his JD from the University of Virginia School of Law and his BA from Williams College.
Terri Shieh-Newton, PhD
Terri Shieh-Newton joined the San Francisco office as a Member in the Intellectual Property Practice in late April. She works with a range of life sciences clients focused on areas including stem cells, regenerative medicine, immunology, antibodies, cancer immunotherapy, virology vaccines and adjuvants, diagnostics, and assays for personalized treatment of cancer, immunological diseases such as HIV, autoimmune diseases, and Alzheimer’s disease. She also has extensive clean technology experience in areas including biofuels, microbial engineering, industrial fermentation, enzymes, enzymatic engineering, and production of target chemicals using biological processes.
Terri received her JD from Santa Clara University and her BA in Biochemistry from Rice University. She also holds a PhD in Cellular and Molecular Medicine from Johns Hopkins School of Medicine.
Andrew Shin
Andrew joined ML Strategies in the DC office in September 2013 as Director of Health Care Policy and Life Sciences. By conducting in-depth analysis and leveraging his broad experience in the public and private sectors, he provides strategic counsel to for-profit and nonprofit organizations, multistakeholder coalitions, trade groups, and professional societies that are seeking to shape the regulatory, legislative, and business landscape around health care services, payment, quality, and innovation. Andrew has substantial experience with the Centers for Medicare and Medicaid Services (CMS). Within CMS, he held a senior leadership position of Acting Director for the Stakeholder Engagement division of the Centers for Medicare and Medicaid Innovation (CMMI). In this role, he worked with stakeholders ranging across providers, payors, patients, and state and federal agencies to build partnerships and coalitions around initiatives designed to test innovative care delivery and payment models.
Andrew earned his JD from Syracuse University College of Law, his MPH from the Harvard School of Public Health, and his BA in Policy Studies and Political Science from Syracuse University.
Christina Sperry
Christina joined our Boston office as a Member in the Intellectual Property Practice. She brings experience in domestic and international patent preparation and prosecution as well as infringement, validity, and right-to-use opinions. Christina prosecutes patents and assists with opinion and clearance matters in fields including medical and surgical instruments and devices, printer and imaging technology, software, financial services, cell sorting technology, and radar technology. She also provides strategic counsel and manages patent portfolios for US and foreign start-ups, mid-size businesses, large corporations, and academic institutions.
Christina received her JD from Boston University School of Law and her BS in Electrical Engineering from the University of Texas at Austin.
Geoffrey Why
Geoffrey recently joined our Boston office as a Member in the Communications Practice. He has substantial experience relating to prominent policy and legislative issues affecting cable, broadband, wireline, and wireless communications. Prior to joining Mintz Levin, Geoffrey served as Commissioner of the Massachusetts Department of Telecommunications and Cable, where he managed the department’s full range of legal, legislative, and policy work. Earlier he served as the department’s General Counsel. Geoffrey’s practice focuses on telecommunications and wireless issues, with a special emphasis on matters before state regulatory commissions.
Geoffrey received his JD from Boston College Law School and his BA in Political Science from Boston College.
Attorneys Pen Influential Supreme Court Amicus Brief
Attorneys Andy Nathanson, Kim Parr, and Helen Guyton submitted a compelling amicus brief to the US Supreme Court on behalf of the National Network to End Domestic Violence and organizations across the nation with similar missions. In its United States v. Castleman decision, issued March 26, 2014, the Supreme Court overturned a decision by the Sixth Circuit and ruled that people convicted of minor domestic violence offenses can be forbidden from possessing guns. The ruling strengthens the Lautenberg Amendment, which forbids the possession of firearms by anyone convicted of “a misdemeanor crime of domestic violence,” and should be instrumental in keeping guns away from domestic violence abusers and protecting their victims.
In the majority opinion, Justice Sonia Sotomayor cited the amicus brief several times and adopted all of the arguments advanced in the brief, while Justice Antonin Scalia acknowledged that the majority had based its definition of domestic violence on the one propounded in the brief.
Our clients were uniformly pleased with the brief and the outcome — and with the effect that our brief had on the outcome. In addition, the day after the Supreme Court issued its ruling, the head of a leading gun control advocacy group graciously e-mailed us to say that as someone who has filed many amicus briefs, he wasn’t sure he recalled one that has had as great an impact as ours has.
Access to Justice Fellows Program
Post-2008, legal services programs and nonprofit organizations have faced severe funding cutbacks, and many have been forced to reduce their services at a time when record numbers of individuals and families are looking for help. The need for free and affordable services is critical, and unless communities can come up with creative ways to leverage resources, many people will be denied access to a legal system that was created to ensure justice for all.
Long committed to pro bono work, Mintz Levin attorneys Martha Koster and Sue Finegan, Chair of the firm's Pro Bono Committee and a member of the Massachusetts Access to Justice Commission, have led the Massachusetts Access to Justice Fellows Working Group in designing a program that begins to address the state's significant need for pro bono legal counsel. The result is the Access to Justice Fellows Program. Introduced as a pilot project in 2012, the program selects senior attorneys, retired or nearing retirement, to partner with nonprofit and legal services organizations to deliver legal assistance.
Martha was among the program's first group of Fellows, which included seven distinguished senior attorneys. Now in its second year, the pilot program has expanded to include a dozen Fellows, among them retired Mintz Levin Member Rosemary Allen. Each Fellow is paired with one or more nonprofits and commits to working pro bono for 10 to 20 hours a week. Projects focus on issues such as community development, immigration, homelessness, civil rights, and environmental justice. Some Fellows work in their legal specialties, while others branch out to learn new areas of the law. Fellows meet on a regular basis to provide one another with collegial support.
Sue and Martha hope the program will continue to grow, attracting senior lawyers and judges with an interest in serving the public good. For more information on the Access to Justice Fellows Program, please contact Sue Finegan at 617.348.3005 or [email protected], or Martha Koster at 617.348.1630 or [email protected].
Get Mintz Levin’s Pro Bono Journal!
The firm’s annual pro bono journal highlights the stories of many of the more than 400 pro bono clients that the firm’s attorneys assisted during the previous year. Our latest journal, Focused on What Matters, is available on our website’s pro bono page and in hard copy.
Using a new interactive online format, you can easily navigate the journal to focus on the content that interests you.
To receive a free hard copy of Focused on What Matters,
please e-mail us at [email protected].
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Leveraging Social Media to Promote the Firm’s Thought Leadership
Some of the firm’s most respected thought leaders are on social media. Through industry-focused blogs and social networks, they reach out with up-to-the-minute insights on legal developments that may touch readers’ businesses and careers.
From our mintz.com/socialmedia web page, you’ll find links to access and subscribe to a variety of industry blogs:
Posting timely articles to these blogs is helping attorneys from across the firm reach significant audiences, capture media attention, and build successful practices. It isn't unusual for posts to be accessed by thousands of readers. For example, as of this writing, Member Mike Arnold's post about a New York disability discrimination case has generated 4,092 reads since its publication in Employment Matters last fall. Making the firm's thought leadership available through distribution partners such as JD Supra helps boost exposure.
We’re adding new blogs on a regular basis, and we hope you’ll be among our regular readers.
We also invite you to access real-time updates using the following Twitter handles, available online at mintz.com/socialmedia:
- @MintzLevin for legal news, industry opportunities, and event invitations from the firm
- @EnergyCleanTech for industry updates from Sahir Surmeli, Co-chair, Energy Technology Practice
- @SDVCLawyer for tweets from Jeremy Glaser, Co-chair, Venture Capital & Emerging Companies Practice
- @Tom BurtonIII for news from Tom Burton, Chair, Energy Technology Practice
- @DouglasHauer for updates from Doug Hauer, Member, Corporate & Securities Practice
and Immigration Practice
In addition, the firm maintains an active social media presence through LinkedIn, Facebook, and Google+. You’ll find icons linking to each of our social network pages on our website at mintz.com/socialmedia.
We encourage you to take advantage of our social media to access information that matters to you and to let us know what’s on your mind. Let’s stay connected!
Mintz Levin alums from Boston to San Diego are achieving new feats and making news.
Amy Malone
Amy, until recently an Associate in the Boston office, is now the privacy officer at Brown Brothers Harriman. At Mintz Levin, her practice focused on corporate compliance relating to data privacy and security issues as well as SEC regulations. Please join us in congratulating Amy on her new position!
Nancy Prior
Our congratulations also go out to alumna Nancy Prior, who in March was promoted to president of the Fixed Income division at Fidelity Investments and vice chairman of Pyramis Global Advisors. After leaving Mintz Levin 12 years ago, Nancy has risen through the Fidelity organization, and most recently served as president of Money Markets and Short Duration Bonds.
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If you've recently taken on a new challenge, celebrated a personal or professional milestone, or experienced an event in your life that you'd enjoy sharing, please connect with us so we can spread the word in our next newsletter! |
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If you would like to include a job posting in this newsletter or on our LinkedIn page, please let us know.
We love connecting alumni with new opportunities!
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Associate General Counsel, EnerNOC
EnerNOC, a long-time Mintz Levin client and a leading provider of energy intelligence software and technology, is looking for an Associate General Counsel to join its growing legal team. For details, please visit the EnerNOC website.
Tom Burton and Sa Surmeli, co-chairs of the firm’s Energy Technology Practice, have worked with EnerNOC extensively and would be happy to provide additional insight.
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» Go to our News & Events page to browse through all of our events. We encourage you to attend. Our attorneys are invited to present their legal insights all over the world as well as at webinars. We also regularly host and sponsor events that are of interest to our clients. |
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» Visit our Legal Insights page to access recent alerts and advisories, industry reports and newsletters, and published articles.
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