Baker &Hostetler LLP “The Associate Academy is designed to maximize the future success of our new associates,” said McDonald, “providing them with an important opportunity to begin making connections that will help them effectively navigate their first year with the Firm.” Ulmer added, “The programming allows the associates to have fun while developing relationships with other associates among our different offices and practice groups. This is one of the most valuable aspects of the Associate Academy because every successful lawyer knows and appreciates the value of relationships, and it is wise to begin forming relationships early.” The Associate Academy provided plenty of opportunities for socializing during dinners at local restaurants, a wine tasting, a poker tournament and a reception at the Cleveland office hosted by office Managing Partner Hewitt Shaw. Spring 2013 LEAP Professional Development and Relationship Building Focus of 14th Annual Associate Academy Twenty-seven first-year associates gathered in Cleveland in February for BakerHostetler’s 14th annual Associate Academy, a four-day program geared toward professional development and relationship building. New associates had the opportunity to meet and network with peers from across the Firm. They also learned from industry experts who led sessions on topics ranging from business etiquette, communication skills and professional liability to legal writing and the art of negotiation. Co-chaired by Houston Litigation Partner Greg Ulmer and New York IP Litigation Partner Heather McDonald, the 2013 program emphasized the importance of BakerHostetler’s diverse culture, the foundation of the Firm’s success. A number of BakerHostetler partners, including Executive Partner Steven Kestner, led discussions reinforcing that message. McDonald and Ulmer also facilitated a session on “The Real Story of Your Career and Professional Development at the Firm.” The 2013 Associate Academy Class Poker tournament winners. Greg Ulmer Heather McDonald
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“The Associate Academy is designed to maximize the future success of our new associates,” said McDonald, “providing them with an important opportunity to begin making connections that will help them effectively navigate their first year with the Firm.”
Ulmer added, “The programming allows the associates to have fun while developing relationships with other associates among our different offices and practice groups. This is one of the most valuable aspects of the Associate Academy because every successful lawyer knows and appreciates the value of relationships, and it is wise to begin forming relationships early.”
The Associate Academy provided plenty of opportunities for socializing during dinners at local restaurants, a wine tasting, a poker tournament and a reception at the Cleveland office hosted by office Managing Partner Hewitt Shaw.
Spring 2013
LEAP
Professional Development and Relationship Building Focus of 14th Annual Associate Academy
Twenty-seven first-year associates gathered in Cleveland in February for BakerHostetler’s 14th annual Associate Academy, a four-day program geared toward professional development and relationship building.
New associates had the opportunity to meet and network with peers from across the Firm.
They also learned from industry experts who led sessions on topics ranging from business etiquette, communication skills and professional liability to legal writing and the art of negotiation.
Co-chaired by Houston Litigation Partner Greg Ulmer and New York IP Litigation Partner Heather McDonald, the 2013 program emphasized the importance of BakerHostetler’s diverse culture, the foundation of the Firm’s success. A number of BakerHostetler partners, including Executive Partner Steven Kestner, led discussions reinforcing that message. McDonald and Ulmer also facilitated a session on “The Real Story of Your Career and Professional Development at the Firm.”
The 2013 Associate Academy Class
Poker tournament winners.Greg Ulmer Heather
McDonald
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But the Firm works hard to ensure its newcomers are set up to succeed. The Associate Academy is one way you are given crucial guidance on how to be an efficient and productive member of the team. While you may intuitively understand basic professional development tenets and have certainly developed your writing skills in law school, the Associate Academy comprehensively covers the Firm’s expectations and sets you on the path to achievement. The programming has not only helped build my confidence in how I approach client relationships, but it provided the opportunity to forge relationships with my colleagues in other offices. Those connections will prove invaluable as I set out to build a strong practice.
Daniel Kavouras University of Michigan Cleveland office
One of the most valuable training sessions of the week was the negotiation session with Paul Lisnek. Not only did he give us a lot of helpful “nuts and bolts” advice, but he also shared some really interesting scientific research on the different ways people process information. We also got the chance to try out our new negotiation tactics on
Darren Donahue University of Texas Denver office
While I very easily could have felt that I was on my own
when it came to figuring out how to navigate the big firm environ-ment, Associate Academy proved that BakerHostetler is commit-ted to supporting my career development. The programming answered the questions I had about firm life, but, perhaps more importantly, it also provided answers to the questions I should have been asking.
Additionally, the opportunity to meet new associates in the Firm was invaluable. In a national firm, it is not uncommon to work with colleagues from all over the country. Associate Academy gave me the chance to get acquainted with many associates who I ex-pected to work with in the future.
Arthur Baker University of Miami Orlando office
It could be very easy to just get tossed into the deep end as a
new associate at a big AmLaw 100 firm like BakerHostetler.
Maggie Reid Duke University Columbus office
A day-long seminar on communication and career development is an incredibly
valuable event. One of the biggest growing pains in transitioning from law school to law firm is learning how to be efficient and proactive in delivering your work product. We looked at concrete ways to become an invaluable associate, including methods for anticipating partners’ needs and tailoring communication to maximize productivity. We also explored the importance of nurturing and investing in Firm relationships. The seminar gave me important insight into how I can make the most of the opportunities available to me at BakerHostetler and how I can better help partners and clients.
An equally valuable and enjoyable part of Associate Academy was getting to know the new associates at other offices. Having a friendly face in another state to call upon for help or advice will be useful down the road. This experience also allowed me to get a better feeling for BakerHostetler as a firm, rather than an office. It was exciting to see that the collegiality, professionalism and energy that drew me to the Columbus office are Firmwide attributes.
Reflections on Associate AcademyFirst-year associates share their thoughts on Associate Academy with LEAP.
Maggie Reid
Arthur Baker
(continued on page 3)
Darren Donahue
Daniel Kavouras
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BakerHostetler Takes Home Media (TMT) Deal of the Year Honors from The M&A AdvisorThe E.W. Scripps Company, a diversified media enterprise with holdings in television and newspapers, and its lead legal counsel, BakerHostetler, were recognized for “Sector Deal of the Year (From $100 million to $1 billion)” in the Technology, Media and Telecom category at the 11th annual M&A Advisor Awards Gala. Bill Appleton, Senior Vice President and General Counsel of The E.W. Scripps Com-pany, and New York Partner Steven Goldberg, Co-Chair of the Firm’s Transactions Practice Team, led the legal team.
The award was for The E.W. Scripps Company’s purchase of McGraw-Hill’s Broadcasting Group. The deal was negotiated over one weekend, and the entire transaction was executed in less than 90 days, including obtaining bank financing and FCC approval. For $212 million, E.W. Scripps acquired four stations affiliated with the ABC television network in Denver, Indianapolis, San Diego and Bakersfield, as well as five low-power stations affiliated with Azteca America, a Spanish-language network. Upon completion of the deal, E.W. Scripps became the second largest owner of independent ABC affiliates.
BakerHostetler was also a finalist for M&A Deal of the Year ($200 to $250 million).
our fellow associates with some mock-negotiation exercises, which gave us a chance to put some of those new skills and insights to the test. We had a lot of fun with the exercises and, as a group, we showed a lot of creativity in solving some of the difficult problems posed by the exercises. It was also helpful to start to get a feel for our own negotiation “personalities” and the ways we might improve them as we move forward in our careers.
Sanja Muranovic University of Texas Houston office
Associate Academy provides a unique opportunity to learn about BakerHostetler’s history, which gives associates
First-year associates engaged in professional development at the Associate Academy.
a great sense of continuity and pride in the Firm. It made me realize that I am part of something much greater than my office. With that, it is also a chance to meet great people and build lasting relationships with coworkers from across the country who are going through the same things as you are.
Sanja Muranovic
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Final Multimillion-Dollar Milk Case Settlement Reforms Southeast Dairy Industry After more than six years of pre-suit investigation and hard fought litigation, BakerHostetler concluded its Southeastern milk antitrust litigation earlier this month with a third and final settlement of $158,600,000 with Dairy Farmers of America (DFA) and related entities.
Previous settlements were reached in July 2011 with defendants Dean Foods for $140 million and Southern Marketing Agency (SMA) and James Baird for $5 million. Together, the three settlements bring the total award for the certified class to more than $300 million.
In addition, the litigation led the defendants to reform their conduct in the Southeast milk market to the benefit of Southeast farmers across 14 states. For example, defendants agreed to stop engaging in certain anti-competitive conduct, to provide greater transparency to their members and to audits of their operations.
“The Southeast milk market has been reformed to the benefit of dairy farmers,” said Washington, D.C., Antitrust Partner Robert Abrams, lead attorney for the plaintiffs. “The monetary recovery itself is very substantial and the resulting conduct
The Real Deal: Leading the Most Successful Recovery Effort of Its Kind BakerHostetler as Counsel to the Securities Investor Protection Act (SIPA) Trustee, is currently in its fifth year of the liquidation of Bernard L. Madoff Investment Securities LLC (BLMIS). SIPA Trustee and Bankruptcy Partner Irving Picard oversees the BLMIS liquidation proceeding in collaboration with his court-appointed BakerHostetler counsel led by Litigation Partner David Sheehan. The Madoff Recovery Initiative is a challenging, multifaceted mission that requires thorough investigation of global banking practices, the feeder fund industry and financial instruments, among countless other issues surrounding this unprecedented financial fraud.
As of March 2013, the SIPA Trustee has recovered or entered into agreements to recover more than $9.3 billion, representing more than 53 percent of the approximately $17.5 billion in principal estimated to have been lost in the Ponzi scheme by BLMIS customers who filed claims. These recoveries exceed prior restitution efforts related to Ponzi schemes both in terms of dollar value and percentage of stolen funds recovered. The SIPA Trustee has distributed approximately $4.126 billion from the Customer Fund, which, when combined with the advances the SIPA Trustee has requested and received from the Securities Investor Protection Corporation (SIPC), amounts to more than $4.923 billion returned to BLMIS custom-ers to date. In addition, in mid-March, the United States Bankruptcy Court for the Southern District of New York authorized the SIPA Trustee to distribute approximately $505 million in a third interim distribution to BLMIS customers with allowed claims.
BakerHostetler was selected to help unravel the Madoff Ponzi scheme—the largest and most complex financial fraud case in U.S. history—based on our diverse experience in complex business litigation, bank-ruptcy law, white collar criminal investigations and corporate finance. With a cross-practice, national team of attorneys focused on the case, this matter has BakerHostetler leading the way on complex issues re-lated to hedge funds, synthetic investment vehicles and the deconstruction of intricate financial structures, as well as innovative, challenging causes of action and jurisdictional topics.
Irving Picard David Sheehan
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changes will significantly and positively impact competition in the southeast dairy industry.”
The case began in July 2007 when a group of dairy farmer plaintiffs filed a putative class action against Dean, one of the country’s largest milk processors, DFA, one of the country’s largest milk cooperatives, as well as entities they controlled and several high-level executives, for conspiring to monopolize and monopsonize the raw Grade A milk market in the Southeast United States by refusing to compete with others to purchase farmer milk, allocating markets and artificially fixing and suppressing prices paid to dairy farmers.
Discovery uncovered rampant corruption, under-the-table payments, sweetheart deals and secret
rebates. These were among the devices utilized to motivate high-level executives to participate in the conspiracy to eliminate competition in the Southeast milk market through refusals to compete and price fixing. Six years later, and on the eve of trial, the defendants agreed to settle at amounts that recover more than 70 percent of the alleged damages and to reform their conduct—all to the benefit of Southeast farmers.
BakerHostetler, in cooperation with the ACLU of Colorado, represented Keith and Connie Kemp and the Estate of Jason Kemp against three named Colorado State Highway Patrolmen and unidentified “John Doe” defendants who were also believed to be members of the Colorado State Patrol.
In July 2010, Colorado state troopers visited the home of 31-year-old Mesa State College graduate Jason Alan Kemp to investigate a minor traffic accident and suspicions that Jason, the driver, had been under the influence of alcohol. When Jason refused to let them enter without a warrant, two of the officers attempted to kick the door down with guns drawn, but Jason resisted. After assaulting Jason with pepper spray, one of the officers forced the door open and shot and killed Jason, who was unarmed. A supervisory officer present at the scene failed to intervene.
In criminal proceedings, two of the officers were indicted by a Mesa County grand jury. The officer who shot Jason, Ivan “Gene” Lawyer, went on trial for criminally negligent homicide, second-degree assault, criminal trespass and other charges, and was acquitted on all but two counts on which the jury was hung. After the trial, the prosecutor dropped the
Denver Litigation Team Helps Transform Colorado Law Enforcement Fourth Amendment Training with $1 Million Settlement
Paul Karlsgodt Paul Enockson Erica Gann Kitaev
Nathan Schacht
remaining charges against Lawyer and later dropped charges against the second officer, Kirk Firko.
The Kemp family’s civil lawsuit, which alleged numerous federal Section 1983 Fourth Amendment violations and a state wrongful death claim, was settled through private mediation about a year-and-a-half after it was filed. The settlement required a payment of $1,050,000 by the State of Colorado and required the Colorado State Patrol to implement certain additional training on Fourth Amendment rights—an extremely important objective of the Kemp family.
Denver Partner Paul Karlsgodt, Class Action Prac-tice Team leader, led the pro bono effort with Partners Paul Enockson and Erica Gann Kitaev, Associate Nathan Schacht and Paralegal Sharon Beer.
Robert Abrams
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Diversity and Women’s Initiatives at BakerHostetlerOn Being A Black Lawyer Names Jeanine Conley and Paul Eyre to Annual Power 100 List New York Partner Jeanine Conley was named a “Top 10 Attorney to Watch” by On Being A Black Lawyer (OBABL). The organization’s Annual Power 100 List is a select catalog of the nation’s most influential black attorneys. Together with a group of advisers, OBABL’s editorial team spends months researching prospective candidates, reading trade publications, blogs and critical reviews to determine the final selections.
Conley credits the open and diverse environment former New York office Managing Partner Paul Eyre created when the office opened in 2001 for much of her success. Conley, who nominated Eyre as an OBABL Power 100 Advocate, says she tries to mirror his commitment to cultivating an environment that not only welcomes diversity, but celebrates it.
Ohio Supreme Court Throws Out Challenges to Landmark VictoryAfter more than five years of litigation and on the eve of oral argument, the Ohio Supreme Court unanimously dismissed Aultman Health Founda-tion’s appeal challenging the firm’s landmark verdict in prosecuting a claim under Ohio’s Pattern of Cor-rupt Activities statute on behalf of Mercy Medical Center.
At issue was Aultman’s Conversion Support Pro-gram, in which the hospital system used charitable funds to make secret, exorbitant bribes to indepen-dent insurance brokers to steer employer-group clients to its private insurance plan, AultCare. In 2010, after a nine-week trial, BakerHostetler secured an award in excess of $10 million in com-pensatory damages and attorneys’ fees for Mercy Medical Center. The jury found that Aultman made payments to brokers with the intent to influence their actions relating to employee benefit plans in violation of a federal criminal statute, 18 U.S.C. § 1954. The verdict is believed to be one of the few times in history that a charitable organization has been found liable for engaging in corrupt activity.
Two years later, the Fifth District Court of Appeals unanimously affirmed the jury verdict. However, in a 4-3 vote, the Ohio Supreme Court agreed to hear the case. The case received widespread industry
and public attention because of its potential to set the parameters for industry-wide broker payment programs for years to come.
After the case was fully briefed and set for oral argument, Mercy’s team of lawyers identified an opportunity to have the case dismissed as improvi-dently granted, in part because Aultman waived many of the appellate issues by taking contrary positions during the trial. The BakerHostetler team filed a largely unprecedented motion to dismiss the appeal. The Court agreed and unanimously granted Mercy’s motion to dismiss in a 7-0 vote.
This ruling essentially ends a five-year legal battle between the two major hospital systems in the Akron/Canton area. Aultman will pay Mercy’s jury verdict, as well as Mercy’s attorneys’ fees at trial and on appeal. Cleveland Partners Daniel Warren, Scott Holbrook, Karl Fanter and Associate Karen Swanson Haan represented Mercy Medical Center in this major victory for an important client. Matt Heinle, Mercy’s General Counsel, was thrilled with BakerHostetler’s work, stating that “each success-ful step and procedural victory was not by accident; Dan and his team achieved each after creative, intensive analysis.”
“I attribute many of my professional achievements to the atmosphere of camaraderie at the Firm. I have been able to work on substantive cases and trials with some of the best and brightest legal minds in the country and feel confident my perspective was valued,” Conley says. “I try to provide that mentor-ship to the associates I work with on a daily basis.”
In addition to counseling clients on a range of employment, compliance and regulatory issues, Conley maintains an active pro bono practice involving immigration, criminal and landlord/tenant issues. She also serves on the board of various nonprofit organizations, including the New York Urban League and Early Stages, which fosters literacy through the arts. She is a member of the Advisory Board of the Urban Assembly School for Criminal Justice and the Board of Legal Advisors of Legal Momentum.
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Firm Celebrates Black History Month with Private Screening of “The Central Park Five”In celebration of Black History Month, the New York office hosted a special screening of “The Central Park Five,” a documentary about the men who were convicted and later exonerated in the racially charged 1989 Central Park jogger rape case. The private screening was provided courtesy of filmmak-ers Florentine Films—Ken Burns, David McMahon and Sarah Burns—who New York office Litigation Coordinator, Partner John Siegal and Associate Peter Shapiro successfully represented in defend-ing a subpoena issued against the filmmakers by the City of New York.
A $250 million federal lawsuit filed by the five men who allege they were coerced to confess has been pending for 10 years. As part of the city’s defense, its lawyers subpoenaed notes and outtakes from the film. The filmmakers fought the subpoena, describ-ing it as an assault on journalistic freedom that would have a chilling effect on the reporting of sensitive cases. But city lawyers argued that the production company had veered from journalism into advocacy on behalf of the five, in part because Ken Burns had publicly stated he hoped the film would encourage the city to finally settle the case and because Sarah Burns had once worked as a paralegal for the law firm representing the five men.
Siegal said the ruling by a federal magistrate judge to quash the subpoena was a “marvelous deci-sion for documentary filmmakers and point-of-view journalists,” and an “important victory for the media industry generally.”
Award-winning author and journalist Herb Boyd spoke at the end of screening and answered ques-tions. Boyd has been inducted into both the Literary Hall of Fame for Writers of African Descent and the Madison Square Garden Hall of Fame.
Acclaimed journalist Herb Boyd speaking after the film.
Firm Cements Key Client Relationships with Chambers Women in Law NominationsTo recognize the work of our many female clients, BakerHostetler nominated 13 exceptional in-house attorneys for Chambers Women in Law Awards, and one of them, Jaime Myers of Caterpillar, took home top honors in the Mentoring category. Seven of our clients—Debbie Dean (Dassault Systemes), Ellen Garling (Holzer Health Systems), Marga-ret Giacalone (Walt Disney Parks and Resorts), Deborah Greaves (True Religion Apparel Inc.), Geri Presti (Forest City) and Myers made the short list in two of the five “outstanding contribution” categories for in-house counsel, a true testament to the high caliber of our clients. Presti and Das-sault were finalists in Gender Diversity & Equality. Garling, Giacalone and Greaves were finalists with Myers in Mentoring. Each attorney was up against five or six finalists in their category.
The Firm also nominated Shannon Barrow (Fifth Third), Pat Hatler (Nationwide), Molly Lampe (Fifth Third), Christi Morrison (Spark Energy), Sheryl Newman (Lender Processing Services), Syeda Raza (Host International), Halle Terrion (Trans-Digm) and Deon Vaughan (International Paper).
In choosing finalists and award winners, Cham-bers considered the nominees’ contribution to the advancement of women in the law as well as their involvement in gender diversity and equality, mentoring, and public service and social activism. The awards were presented by Laura Beth Taylor from DuPont, Louise Parent from American Ex-press and Mary Jo White from Debevoise, also the President’s nominee to head the SEC.
Louise Parent of American Express, Caterpillar Corporate Counsel Jaime Myers and Women in Law Editor Dee Sekar (left to right)
Coming Soon!BakerHostetler representatives will be visiting your campus this fall. Check with your Career Services Center or our website (www.bakerlaw.com) for dates. We look forward to meeting you!
All our offices will be represented at the following schools:
Capital University
Case Western Reserve University
Cleveland State University
Florida State University
Fordham University
George Washington University
Georgetown University
The Ohio State University
St. John’s University
University of California Berkeley
University of California Los Angeles
University of Cincinnati
University of Colorado
University of Denver
University of Florida
University of Houston
University of Kentucky
University of Miami
University of Notre Dame
University of Southern California For the most current list of visits, please visit our website: www.bakerlaw.com
Columbia UniversityDuke UniversityHarvard UniversityNew York UniversityNorthwestern UniversityStanford UniversityUniversity of Chicago
University of Michigan University of MinnesotaUniversity of PennsylvaniaUniversity of Texas University of Virginia Yale University
Select offices will also be visiting the following schools:
LEAPBakerHostetler publishes LEAP to keep law students informed of the legal experience and associate programs (LEAP) across our Firm. If you would like to view past issues of LEAP, please visit www.leap2baker.com.
