the commercial commercial law section law connection...

Message from the Chair

My Dear NBA-CLS Family and Friends: Happy New Year! The NBA Commercial Law Section has anointed 2014 as the year for “Elevating Your Game.” The CLS

is committed to enriching the lives of its in-house and outside counsel members, professionally and personally. The CLS will be expanding the programming that it provides throughout the year. The goal is to bring the quality of programming and networking opportunities to many of those who are unable to attend our annual Corporate Counsel Conference because of space or financial limitations.

Our signature event, the 27th Annual Corporate Counsel Conference, carries the Sectionʼs theme of “Elevating Your Game.” Conference attendees will hear from some dynamic women who are touted as “General Counsel Ready.” You will also connect with African-American business owners and buyers of legal services; one such company was recently featured in Black Enterprise. Finally, participants will interact with several general counsels, including our Honorary Co-Chairs, (Jack Balagia Jr., Exxon Mobil Corporation; Jerome D. Okarma, Johnson Controls, Inc.; Mark D. Roellig, MassMutual Financial Group; and Angelique Strong Marks, MAHLE Behr USA, Inc.). Of course, we could never overlook

C O N N E C T I N G P E O P L E , I D E A S A N D O P P O R T U N I T I E S

The CommercialLaw Connection

The National Bar AssociationCommercial Law Section

VOLUME 11 - ISSUE 1

Winter 2014

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INSIDE THIS ISSUE:

Message from the Chair 1

Tax Lawyering andEntrepreneurship in the21st Century 1

Paulette Brown - Slatedto Make History asABA President 2

NBA-CLS Honors John Pageas In-House Counselof the Year 3

NBA-CLS Corporate 2014 Counsel Conference Sponsors 4

Member Spotlights 6

Karol Corbin WalkerReceives Mel NarolExcellence Award 8

National Bar Association Upcoming Events 10

NBA-CLS 2013-2014Executive Committee 11

NBA-CLS Newsletter Editorial Board 12

Tax Lawyering and Entrepreneurshipin the 21st Century

By Andre L. Smith, Esq.*

Everyone I know is good at something. Everyone I know spends their hard earned money on an activity they enjoy, and they become very good at it. Regardless whether it be cooking, fantasy sports, crocheting, traveling, collecting vintage sneakers, criticizing music or television, writing poetry, or taking pictures, I am fortunate to know people who do each of these things in a unique way. It is a waste of resources that each of them do not operate a business doing the things they love to do. Thus, it is my job as a tax lawyer to help them convert these hobbies into either a Section 1621 “trade or business”, or at least a Section 2122 “activity engaged in for profit.” In either case, the money each individual spends on an activity he or she enjoys (or at least a portion thereof) can be deducted from their employment income, and their tax bill reduced or tax refund enlarged--but only if structured properly.

There are many factors that distinguish between a hobby (expenses relating to which are not deductible) versus an activity engaged in for profit (expenses relating to which are mostly deductible) versus a trade or business (expenses relating to which are fully deductible). But first and foremost we must understand and stress to our client/taxpayer that the existence of a profit in the previous year is not conclusive or dispositive. If there was a profit last year on any activity, the taxpayer must report it. But here, we are more interested in the ability of the taxpayer to get credit for losses of funds that would otherwise go unrecognized and have them applied against their employment

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Robert R. Simpson, Esq., Chair

The National Bar Association Commercial Law Section

The Commercial Law ConnectionPAGE 2

Paulette Brown - Slated to Make History as ABA PresidentBy Radiance W. Harris, Esq.*

Paulette Brown, a labor and employment partner and chief diversity officer at Edwards Wildman Palmer LLP in Madison, New Jersey and former president of the National Bar Association, will become the next president of the American Bar Association (ABA). On February 9th, during the ABA Midyear Meeting in Chicago, the House of Delegates Nominating Committee formally nominated and unanimously voted Brown as its next president-elect. Brown will become the president-elect at the ABA Annual Meeting in August 2014 in Boston, serve a one-year term as president-elect, and then become president for a one-year term in 2015. Brown will be the first minority woman to hold this prestigious position and lead one of the worldʼs largest voluntary professional organizations.

Undoubtedly, Brown is a compassionate, devoted, and talented individual, lawyer, and advocate for diversity. Brown has been repeatedly recognized as one of the best and most influential lawyers in America. She currently co-chairs the ABA̓ s Commission on Civic Education in the Nationʼs Schools, serves on the Task Force on the Future of the Legal Profession, and is a council member for the Section of Legal Education and Admissions to the Bar. Previously, Brown has served in the House of Delegates and as a member of the Board of Governors. In addition to her involvement with the ABA, Brown is very active in bar associations and charitable organizations in New Jersey. Most notably, Brown was

recently elected the first vice chair of the New Jersey Bar Associationʼs Labor and Employment Section. Brown was also the former president and founder of the Association of Black Women Lawyers in New Jersey, and the former president of the YWCA of Central New Jersey. These highlights reveal only a small snapshot of Brownʼs illustrious legal career and impact. Indeed, Brown stands out as an influential and well-accomplished leader in her own right.

NBA-CLS congratulates Paulette Brown for this tremendous honor, and wishes her tremendous success with the ABA and beyond.

Radiance W. Harris is a mid-level associate in DLA Piper s̓ Trademark, Copyright & Media practice in Washington, DC. She focuses her dynamic practice on domestic and international trademark clearance, prosecution, portfolio management, licensing, enforcement, and litigation,

as well as domain name disputes, social media and Internet matters, copyright issues, and advertising and promotions.

YOUR VOICEIf you have comments concerning the NBA-CLS newsletter, or if you are an NBA-CLS member who wants to submit an article for publication consideration, please contact Jean-Marie Sylla, Jr., Esq. at [email protected].


The Commercial Law Connection PAGE 3

NBA-CLS Honors John Page asIn-House Counsel of the Year

By Radiance W. Harris, Esq.

This past July, the National Bar Association (NBA) honored John Page as the Commercial Law Sectionʼs In-House Counsel of the Year during its 88th Annual Convention at the historic Fontainebleau Hotel in Miami, Florida. Mr. Page is the Senior Vice President, Chief Corporate Social Responsibility Officer and Chief Legal

Officer at Golden State Foods Corporation (GSF) and the Immediate Past President of the NBA. In his current position at GSF, Mr. Page is responsible for all aspects of the business, including legal, governance, compliance, sustainability, and diversity matters, as well as community outreach initiatives through the GSF Foundation. Since joining GSFʼs legal department in 2004, Mr. Page has played a tremendous role in the companyʼs overall growth.

With over 23 years of experience as outside and in-house counsel, Mr. Page has an exceptional understanding of and approach to business and law as well as the business of law. His corporate leadership has effectively touched and influenced GSF and its customers. An active leader with a strong commitment to diversity and community service, Mr. Page is exceedingly talented, charismatic, and dedicated to making a real impact in his personal and professional life. As an example of his humility, Mr. Page has wholeheartedly praised the NBA Commercial Law Section for its long-played role in not only securing opportunities for African American attorneys to engage in meaningful business relationships and work at high levels in corporate America, but also acknowledging these attorneys for their accomplishments and contributions to their respective organizations and the legal community as a whole. “In the 89-year history of the NBA and the 26-year history of the NBA-CLS Corporate Counsel Conference, there is no other association, organization, or corporation which has successfully initiated opportunities for Fortune 500 companies to fulfill their corporate and diversity needs like the NBA Commercial Law Section,” says Mr. Page.

Chair’s Message… continued from page 1

our United States Circuit Judges, (Hon. Joseph A. Greenaway Jr., United States Court of Appeals for the Third Circuit; Hon. Carl E. Stewart, Chief Judge of United States Court of Appeals for the Fifth Circuit; and Hon. Ann Claire Williams, United States Court of Appeals for the Seventh Circuit). The Section is also offering a session with break outs that will speak to “Elevating Your Game”. There will be numerous other programs and networking events that you can find on the Sectionʼs newly designed website at www.nbacls.com.

The Section understands that many of you want to become more involved. Therefore, the Section has created nine subcommittees that are regularly being populated. The Section wants you to become involved and help us “Elevate Your Game.” You can join a subcommittee online.

In the Spring of 2014, the Section will be featuring a “Peek Behind the Corporate Curtain.” This program will allow 25-35 CLS members to spend a day at a corporation to understand the corporate culture, its challenges and understand the dynamic interaction between in-house counsel and their internal clients. This year MassMutual Financial Corporation has graciously agreed to host the Section.

Finally, mark your calendar for February 26-28, 2015 for the Sectionʼs 28th Annual Corporate Counsel Conference at the Ritz Carlton Golf Resort in Naples, Florida.

I look forward to you being a more active part of YOUR Section in 2014.



National Bar Association Commercial Law Section2014 Corporate Counsel Conference Sponsors

PLATINUMBarnes & Thornburg LLP

Deloitte Financial Advisory Services LLPGonzalez Saggio & Harlan LLP

Holland & Knight LLPOgletree, Deakins, Nash, Smoak & Stewart, P.C.

Wal-Mart Stores, Inc.Weil, Gotshal & Manges LLP

GOLDBowman and Brooke LLP

Edwards Wildman Palmer LLPK&L Gates LLP

MassMutualNixon Peabody LLP

Reed Smith LLPShipman & Goodwin LLP

Skadden, Arps, Slate, Meagher & Flom LLP

SILVERAlston & Bird LLP

Bank of America

Debevoise & Plimpton LLP

Fish & Richardson P.C.

Goodwin Procter LLP

Jackson Lewis

Kenyon & Kenyon LLP

LeClairRyan

Manatt, Phelps & Phillips, LLP

McGuireWoods LLP

Mercedes-Benz USA, Inc.

Meritor

Stevens & Lee

Sutherland Asbill & Brennan LLP

Thompson & Knight LLP

BRONZEBeveridge & Diamond, PCExxon Mobil Corporation

Hamilton, Miller & Birthisel LLPJohnson Controls, Inc.

Microsoft

PARTNERBarger & Wolen LLP

Wilson Turner Kosmo LLPWong Fleming

PATRONBaker Williams Matthiesen LLP

DellStarbucks Corporation

BENEFACTORThe Flowers Counsel Group, LLC

Kim Vaughan Lerner LLPTaylor, Sylla & Agin, LLP



income. Ultimately, all Section 183 requires to deduct these expenses is the intent to turn a profit…eventually!3

The classic activity engaged in for profit is rental real estate. When the revenue from rents exceeds the expenses, profit is made and taxes are paid. But if the rents do not cover the expenses (including depreciation), the difference is a loss that is deductible from oneʼs adjusted gross income. In fact, the rents from real estate might exceed the cash expenses, but less than the cash expenses plus depreciation, which gives the taxpayer a cash gain and a tax loss! Now, Congress is hip and has limited the tax benefits relating to rental real estate. And we have also seen that real estate investing is riskier than once imagined.

A less capital intensive activity could be an activity the taxpayer is already engaged in for fun. By law, the fact that one enjoys an activity is relevant but has little bearing on whether the activity is one “engaged in for profit.” Wealthy individuals who just happen to like horses and want their children to learn to ride also habitually report losses from horse-related activities, such as boarding, breeding and racing. And that huge expanse next to the estate is not simply a large backyard; the costs of maintaining it could be deductible as a vineyard or tree farm. In each of these cases, losses incurred over a series of years are deductible under the theory that the taxpayer intends to eventually turn a large profit years later. Black folks (and their advisors!) must learn to play the same game.

The internet and the prevalence of ʻblogs ̓opens the door for taxpayers to turn hobbies into activities engaged in for profit, or even businesses. If the taxpayer likes movies, they should be encouraged to become a movie critic by creating an internet blog and discussing the movies they have seen or anticipate seeing. Perhaps they will become immensely popular and the advertising revenue will pour in. But even if not, the expenses towards the activity are deductible. Blogging about cooking, traveling, sports, pop culture, can all qualify as an activity engaged in for profit or a business. In some respects the tax lawyer becomes a cheerleader or motivator for the taxpayer/client, convincing them that whatever they are good at is also valuable to the community at large.

The lawyerʼs job is also to help imbue the activity with as much formality as possible, to make it harder for the Internal Revenue Service (“the IRS”) to challenge the profit making character of the activity. Doing business as an LLC or other state-created business entity helps. Creating a business name and logo and having them copyrighted and trademarked are important as well. The IRS also relies heavily on the presence/absence of a business plan, which a solo practitioner or small firm can provide. Also, it is vitally important to amend the

business plan after a series of losses, to prove that losses are not the object. In other words, appreciating and garnering the tax benefit should be simply the first step toward actual business planning.

Even if the activity does not ultimately take off as a profitable going concern, the tax savings from deducting losses over several years may exceed the lawyering services and fees.

Young lawyers and law students wishing both to make a decent living and do something for their communities, take heed. Relying on employment for long-term financial security is precarious for most individuals, and the recent attack on law schools and contraction in the legal profession suggest that lawyers are now more than ever amongst the class of individuals who should not rely solely on employment prospects. And, certainly, black people are more vulnerable than others to the cyclical swings of employment. The entrepreneurial spirit of the race, the profession, and the nation is perhaps at an all-time low. This is a recipe for further calamity. Small steps must be taken to reverse course. Black lawyers must return to the days of solo and small practice lawyering designed to transform middle class members of the community into job creators instead of job seekers.

* Andre L. Smith is an associate professor of law at Widener Law School in Wilmington, Delaware, where he teaches classes on administrative law and federal income tax. He holds the LL.M degree in taxation from Georgetown University Law Center and a J.D. from Howard University School of Law. He can be reached at

[email protected].

1 26 U.S. Code §162.2 26 U.S. Code §212.3 26 U.S. Code §183.

Tax Lawyering and Entrepreneurship… continued from page 1



Benjamin F. Wilson - Receives ABA’s 2014 Spirit of Excellence Award

Beveridge & Diamond, P.C. is pleased to announce that the American Bar Association (ABA) Commission on Racial and Ethnic Diversity in the Profession has selected Benjamin F. Wilson, the Firmʼs Managing Principal, as a 2014 recipient of its Spirit of Excellence award.

The Spirit of Excellence award honors those who have excelled in their professional settings while paving the way for others. Mr. Wilson received the award on February 8 at the 2014 ABA Midyear Meeting in Chicago, IL.

“I am humbled and grateful to receive this recognition, and I congratulate my fellow honorees Frankie Muse Freeman, Hon. Brenda Harbin-Forte, Patricia D. Lee, I.S. Leevy Johnson, Prof. Leo M. Romero, and Wendy C. Shiba for their dedication to racial and ethnic diversity in our profession. As we celebrate our progress in these areas, I look forward to discussing – and doing – the important work that remains,” commented Mr. Wilson.

Rasul M. Raheem - Joins the NBA-CLS Executive Committee

Rasul M. Raheem has joined the National Bar Association Commercial Law Sectionʼs (NBA-CLS) Executive Committee. Currently Rasul is a Senior Vice President and Assistant General Counsel at Bank of America supporting the Global Commercial Banking unit. He is based in Troy, Michigan and has been in Banking for over 25 years.

During his tenure with the Bank, he has functioned as a general counsel for the Upper Midwest, Southeast, and Mid-Atlantic regions Restructuring Groups providing legal counsel and guidance to senior management on credit issues, restructuring and recovery strategies, reputational risk, treasury services, bank policy, and regulatory issues. Prior to joining Bank of America, he was a senior counsel in the legal departments of Michigan National Bank and LaSalle/ Standard Federal Bank Corporation where he serviced a commercial lending groupʼs $240 million commercial loan and real estate portfolio involving industry conglomerates, Major League Baseball, the National Hockey League, and the Comerica Park construction. He has two published federal court letter

of credit decisions, National Union Fire Insurance Company, et al v Standard Federal Bank, 309 F. Supp. 2d 960 (E.D. Mich. 2004), and BCM Electronics v LaSalle Bank, 2006 U.S. Dist. LEXIS 12773, 59 U.C.C. Rep. Serv. 2d 280 (N.D. Ill. 2006). Following law school, Rasul was in private practice in Detroit, successfully handling commercial litigation jury and bench trials in state and federal courts, and appeals at both the state and federal appellate court levels. Rasul is currently president of the NBA chapter affiliate David Augustus Straker Bar Association – named for the pioneering African-American attorney, author and jurist, the first African-American attorney to appear before the Michigan Supreme Court in 1893, and the first black judge in Michigan.

He is an adjunct law professor, teaching a course in Banking and Financial Institutions Law. The course covers the regulation of financial institutions, the Federal Reserve and the FDIC, the principle of safety and soundness as it relates to stress tests, capital adequacy requirements and capital based restrictions, lending limits, activity restrictions on banking firms, Bank holding companies, international banking, and the supervision of banks and bank failures.For the past couple of years, Rasul has been Bank of Americaʼs relationship manager for the National Bar Association, working to be more involved with the NBA and to increase the Bankʼs presence. “Bank of Americaʼs Legal Department is very supportive of affinity bar groups through its Diversity & Inclusion Business Council”, he comments. He was a speaker at the 26th Annual NBA-Commercial Law Section Corporate Counsel Conference in Dana Point, Calif., where the panel focused on substantive and practical challenges faced by in-house counsel. In May 2013, he served as a panelist at the ABA Commission on Racial and Ethnic Diversityʼs 25th Anniversary of the Minority Counsel Program held in New Orleans. Chaired by Detroit lawyer Reginald Turner, the program works to improve the landscape in the legal profession and to continue efforts begun by past ABA presidents Dennis Archer Sr. and Robert Gray.

A graduate of the University of Michigan, Rasul received both his J.D. and a Master of Laws in Corporate and Finance Law from Wayne State University Law School. He is a member of the State Bar of Michigan, the National Bar Association, the International Swaps and Derivatives Association, Inc, and the American Bankruptcy Institute. He is admitted to the Michigan Bar, the United States District Court for the Eastern District of Michigan, the United States District Court for the Northern District of Illinois, the United States Court of Appeals for the 6th Circuit, and the Supreme Court of the United States. He has been on the Board of Directors of D. Augustus Straker Bar Association since 2010.

Rasul is a 3rd degree black belt in the martial art of Isshinryu



Karate under world-renown Grand Master Hanchi Willie Adams, a 10th degree black belt . “Isshinryu Karate helps with physical conditioning, mental focus, and spiritual development – the One Heart Method,” he explains.

He and his wife of 32 years, Toni, also a lawyer, have four children. The youngest is a junior at the University of Michigan. Rasul more than enjoys playing golf. “When Iʼm not at the bank working, engaged in bar activities, teaching, doing karate or with family, Iʼm working hard to lower my golf handicap. It doesnʼt seem to leave enough time for golf.”

Tamika Langley Tremaglio - Receives the Cora T. Walker Award

NBA-CLS Executive Committee member, Tamika Langley Tremaglio, received the Cora T. Walker Award from the National Bar Association during the Annual Gala at the Annual Convention in Miami. The Cora T. Walker Award was established in 2005 and is presented to an individual who has exhibited corporate leadership in

promoting diversity and enhancing justice in the corporation in which he or she works.

Kenneth M. Battle - Joins Quintairos PrietoKenneth M. Battle has joined the Chicago office of Quintairos, Prieto, Wood & Boyer, P.A. as a Partner. Mr. Battle practices in the areas of general civil and commercial litigation, insurance defense litigation, and healthcare liability. For over 14 years, he has participated in settlements and trials involving millions of dollars in

the representation of clients ranging in size from individuals to Fortune 500 companies. His practice is emphasized in the areas of civil rights, premises liability, medical malpractice defense, product liability, automobile liability, employment law, personal injury, municipal law, construction litigation, real estate and foreclosure litigation.

Prior to joining QPWB, Mr. Battle was founder and president of his law practice, the Battle Law Office P.C., where he represented clients in the Chicagoland area in both state and federal courts, and in arbitrations and mediations. He was also appointed as Special Assistant Corporation Counsel, working as outside counsel for the City of Chicago in the Civil Rights Division.

Since 1999, Mr. Battle has successfully represented numerous clients in various litigation matters, including personal injury claims, commercial real estate matters, medical malpractice claims, nursing home negligence, premises liability, police misconduct, and employment discrimination.

Mr. Battle received his Juris Doctor from Case Western Reserve University School of Law, Cleveland, Ohio in 1999 and Bachelor of Arts from the University of Illinois at Urbana-Champaign in 1996. While in law school, he was a member of the Deanʼs List and recipient of the Leadership Award. He was a member of the Black Law Student Association and Student Bar Association.

Mr. Battle is licensed to practice law in Illinois and is a member of the Federal Trial Bar; he is also admitted in the U.S. District Court for the Northern District of Illinois. His professional affiliations also include the American Bar Association, Chicago Bar Association; Cook County Bar Association (Board of Directors from 2011-present); and the National Bar Association (Small Business Law Section, Secretary).

In his community, he is a member of Chicago United and the Chicago Association of Realtors. He is past vice president of Ways and Means for the Chicago Junior Chamber of Commerce and currently serves as vice president of the South Holland Little League; he also served in the Pro-bono Voter Protection Services - 2008 Presidential Election.

H. Eric Hilton - Joins Hawkins ParnellH. Eric Hilton has joined the Atlanta office of Hawkins Parnell Thackston & Young LLP as a Partner. Ericʼs practice focuses on construction litigation, labor & employment, business litigation, hospitality and travel, contracts, and outside general counsel services. He represents construction general contractors, owners and managers of commercial real estate and multi-

family housing and hospitality industry clients.Eric has significant experience as an employment litigator where he successfully represented clients in both state and federal court and before administrative agencies including the United States Equal Employment Opportunity Commission and the United States Department of Labor. During his time in-house, he drafted employee handbooks and personnel policies and managed that companyʼs human resources function. Eric previously served for 10 years as general counsel for H.J. Russell & Company, a national construction, real estate and property management firm and airport concessionaire. Eric continues to serve as that companyʼs outside general

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The Commercial Law Connection

Karol Corbin Walker, a partner with LeClairRyan in Newark, New Jersey and member of the NBA̓ s Commercial Law Sectionʼs Executive Committee, has added another honor to her long list of accomplishments. She was recently the recipient of the Mel Narol Excellence in Diversity Award, presented by the Diversity Committee of the New Jersey State Bar Association (NSJBA).

To those who know Walker, this recognition is no surprise given her career as a trailblazer for African American lawyers in the Garden State and commitment to increasing diversity within the legal profession. Walker was the first African American to serve as president of the NSJBA in its 100-plus year history and the first African American woman to attain partner status at a major New Jersey law firm. She has been active on numerous diversity-related committees, including service as chair of the NSJBA̓ s Diversity and Long-Term Planning Committee and as a trustee of the NJSBA̓ s Women in the Profession Section. She has been an active member of the NJSBA̓ s Environmental Law and Minorities in the Profession Section and was the first African American appointed as chair of the NJSBA̓ s prestigious Judicial and Prosecutorial Appointments Committee, where she worked with New Jerseyʼs governor to ensure fairness in the consideration of all prospective judicial and county prosecutorial candidates in the state.

As a member of the Essex County Bar Association, she has served as a trustee and chair of that bodyʼs Continuing Legal Education and Minorities in the Profession Committees. And as a member of the NBA, Walker has served as first vice chair and former secretary of the NBA̓ s Commercial Law Section and as secretary and treasurer of the Division of Partners in Majority Law Firms.

In addition to this work and commitment to diversity initiatives, Walker has had a very active and distinguished legal practice. She focuses on business, commercial, employment, environmental, hazardous waste, insurance coverage, toxic tort, and products-liability litigation matters. Her clients have included several Fortune 500 corporations as well as other publicly and privately held corporations, financial institutions, entertainers, and insurance companies. In addition to being a litigator with trial experience in the State and Federal Courts, Walker has argued numerous cases before state and federal appellate courts, including the New Jersey Supreme Court and the United States

Court of Appeals for the Third Circuit. Because of her reputation as a skilled advocate, sheʼs been listed multiple times in The Best Lawyers in America® and New Jersey Monthly magazineʼs Super Lawyer Section.

Walkerʼs record of service and success as an attorney serves as a model for us all. We congratulate her on this most recent honor and her extraordinary career.

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Karol Corbin Walker Receives Mel Narol Excellence AwardBy Harmon “Monty” Cooper, Esq.


The Commercial Law Connection

counsel. During his tenure as an in-house general counsel, Eric spent significant time on construction related matters. He successfully managed the resolution of numerous multi-party construction disputes to conclusion.

Eric received his J.D. from George Washington University and B.S. in Economics from Hampton University.

Reginald Roberts, Jr. & Justin Sanders - Obtain Defense Verdicts for Ford

Reginald Roberts, Jr. and Justin Sanders, Partners at Sanders Roberts & Jewett, LLP have extensive e x p e r i e n c e r e p r e s e n t i n g major automobile

manufacturers and dealers in California. The firm currently represents Ford Motor Co. in all warranty matters filed in the Superior Court for the County of Orange. At any given time, the Firm handles approximately 50 lemon law matters and is currently undefeated in trials for Ford. In 2013, Sanders Roberts LLP won three trials on behalf of Ford Motor Co. In Blanco v. Ford Motor Co., Case No. 30-2012-00542606-CU-BC-CJC, after seven days of trial and jury deliberations, the jury delivered a 10-2 verdict in favor of Ford. After prevailing at trial, the firm also was able to obtain a cost award. In Chidley v. Ford Motor Co., Case No. 30-2012-00588981-CU-BC-CJC, the jury found in favor of Ford on both the express warranty (10-2 in favor of defendants) and the implied warranty (unanimous) causes of action. Plaintiffʼs counsel, who has been handling warranty cases for three decades, served as counsel for plaintiff. Lastly, in Pirnejad v. Ford Motor Co., Case No. 30-2012-0054828-CU-BC-CJC, during motions in limine, lead counsel, Justin Sanders, was able to convince the court to exclude nearly all of plaintiffʼs evidence because the evidence had not been previously provided to the defense in an acceptable format. Mr. Sanders also convinced the court to exclude plaintiffʼs proposed expert. After one day of trial, plaintiffʼs counsel relented and determined that plaintiff could not win. Plaintiff accepted a miniscule settlement offer that barely covered a fraction of plaintiffʼs costs.

Sanders Roberts & Jewett LLP, led by Reginald Roberts, Jr., Justin Sanders and John L. Lin, obtained the dismissal of a $23 million lawsuit against the African Methodist Episcopal Church, Inc. (“AME, Inc.”) filed by the former pastor of First African Methodist Episcopal Church (“FAME”). The African

Methodist Episcopal Church was founded in 1816 from several African-American Methodist congregations in the mid-Atlantic area, and was born in protest of racial discrimination and slavery. It is now comprised of an estimated 2.5 million members, 3817 pastors, 21 bishops and 7000 congregations. FAME is one of the largest congregations in the African Methodist Episcopal Church, with approximately 19,000 members. The former pastor sued AME, Inc. for $23 million in damages, alleging that AME, Inc., among others, defamed him by making allegations misconduct, and retaliated against him by instituting disciplinary proceedings. In response to the pastorʼs lawsuit, Sanders Roberts & Jewett, LLP prepared and filed a special anti-SLAPP motion to strike Mr. Hunterʼs complaint. The Court granted the anti-SLAPP motion and now Sanders Roberts & Jewett LLP has moved for attorneys ̓fees.

Jean-Marie Sylla, Jr. - Joins the Claims and Litigation Management Alliance

Jean-Marie Sylla, Jr. has been invited to join the prestigious Claims and Litigation Management Alliance. The CLM is a nonpartisan alliance comprised of thousands of insurance companies, corporations, Corporate Counsel, Litigation and Risk Managers, claims professionals and attorneys. Through education and collaboration the organizationʼs goals are to create a

common interest in the representation by firms of companies, and to promote and further the highest standards of litigation management in pursuit of client defense. Selected attorneys and law firms are extended membership by invitation only based on nominations from CLM Fellows.

Jean-Marie currently serves as the firmʼs managing partner and specializes in insurance coverage, insurance defense, business, general liability and real estate litigation. He has litigated cases in state and federal courts in many jurisdictions, including, Alabama, the District of Columbia, Georgia, Kentucky, Maryland, Virginia and West Virginia. Jean-Marie is licensed to practice in the District of Columbia, Maryland, the United States District Court for the District of Columbia, the United States District Court for the District of Maryland and the Supreme Court of the United States.

Jean-Marie received his B.A in Psychology, M.S. in Management and J.D. from the University of Maryland and LL.M. degree in Insurance from the University of Connecticut.

Mr. Sylla is an active member of the National Bar Association, Defense Research Institute and the American Bar Association.

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UPCOMING EVENTSMarch 12 - 16, 2014

National Black Law Student Association’sAnnual Convention

Hilton Milwaukee City CenterMilwaukee, WI

March 19 - 23, 2014Small Firms/Solo Practitioners’ Division’s

ConferenceWillemstad, CuraÁao

March 26 - 29, 2014Mid-Year Conference &

Gertrude E. Rush Awards DinnerGaylord National Resort & Convention Center

Ft. Washington, MD

March 26, 2014Annual Day on the Hill

The United States CapitolWashington, DC

March 26 - 28, 2014Labor and Employment Section’s

CLE SymposiumGaylord National Resort & Convention Center

Ft. Washington, MD

May 13 - 24, 2014International Affiliates Meeting

Brazil and Argentina

May 22 - 25, 2014Young Lawyers’ Division’s

RetreatLa Concha Hotel

San Juan, Puerto Rico

May 27, 2014Women Lawyers’ Division’s

United States Supreme Court Swearing-InWashington, DC

July 6 - 17, 2014National Bar Crump Law Camp

Howard University School of LawWashington, DC

July 26 - August 1, 201489th Annual Convention & Exhibits

Atlanta Marriott Marquis HotelAtlanta, GA

Save The Date!ANNUAL MEETING

89th Annual Conventional & ExhibitsAtlanta Marriott Marquis Hotel

ATLANTA, GAJuly 27 - August 1, 2014

Anitra D. Androh - Joins Bryant MillerAnitra D. Androh recently joined Bryant Miller Olive P.A. as Of Counsel in the Commercial Practice Group in Washington, DC. Ms. Androh has extensive experience representing clients in commercial real estate transactions. Her experience includes representing developers in the disposition, acquisition, and development of mixed-use, commercial and residential projects,

including the preparation and negotiation of development agreements, construction management agreements, property management agreements, cost-sharing agreements, reciprocal easement agreements, conditions and restrictions, and declaration of covenants.

Previously, Ms. Androh was an associate in the Real Estate Practice at Saul Ewing LLP in Washington, DC. Prior to practicing real estate law in the District of Columbia for the past seven years, Ms. Androh was the assistant general counsel for more than 60 housing cooperatives and condominium associations in the Chicago-land area and was active in the advocacy of affordable housing in the City of Chicago.

Ms. Androh was named to the Lawyers of Colorʼs Inaugural Hot List in 2013. She is a member of the Executive Committee of the District of Columbia Building Industry Association Leaders in Development and serves on the Government Affairs Committee and the Board of Directors of African American Real Estate Professionals of DC. Ms. Androh also serves on the Board of Directors of New Endeavors by Women, a homeless shelter in Washington, DC providing programs and services to women and children.



GREGORY M. WESLEYTreasurer

Milwaukee, WI

KWAMINA T.WILLIFORDSecretary

Washington, DC

DAWN R. TEZINO Immediate Past Chair

Houston, TX

KAMLA ALEXANDERMember

Atlanta, GA

DONISE BROWNMember

Coral Gables, FL

ROGER M. GOODEMember

Bentonville, AR

DAMON P. HARTMember

Boston, MA

LA TANYA LANGLEYMember

Norwalk, CT

HOLLY E. LOISEAUMember

Washington, DC

ANDREW NUNESMember

Toronto, Ontario

KIMBERLY R.PHILLIPSMember

Houston, TX

RASUL M. RAHEEMMember

Troy, Michigan

ROBERT R. SIMPSON Chair

Hartford, CT

VICKIE E. TURNER Vice Chair

San Diego, CA

JEAN-MARIESYLLA, JR.

MemberWashington, DC

BRIAN K. TELFAIRMember

Richmond, VA

TAMIKA LANGLEY TREMAGLIO

MemberWashington, DC

CHAD WALKERMember

Oak Brook, IL

KAROL CORBIN WALKERMember

Newark, NJ

NATIONAL BAR ASSOCIATIONCOMMERCIAL LAW SECTION

2013-2014EXECUTIVE COMMITTEE

National Bar AssociationCommercial Law Section1225 11th Street, NWWashington, D.C. 20001

Non-ProfitU.S. Postage

PAIDPermit No. 7163

Washington, D.C.

BAR

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The National Bar AssociationCommercial Law Section Newsletter

The Commercial Law ConnectionCONNECTING PEOPLE, IDEAS

AND OPPORTUNITIES

National Bar AssociationPhone: (202) 842-3900

Fax: (202) 289-6170Email: [email protected]

NBA Commercial LawSection Newsletter

Editorial Board

Jean-Marie Sylla, Jr.Washington, DC

Dawn R. TezinoHouston, Texas

Harmon “Monty” CooperWashington, DC

Radiance W. HarrisWashington, DC

Kraig B. LongBaltimore, Maryland

Robert VaughnFort Lauderdale, Florida

Design/PublisherJeanette Zakkee

Zakkee and AssociatesAtlanta, GA

the commercial commercial law section law connection...

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