July 2006: Travel to Tuscany with Your Alumni Association The breathtaking countryside of Chianti ripe with fragrant olive groves and lush vineyards; the historic city of Florence, birthplace ofthe Renaissance and home to some ofthe world's greatest architectural landmarks; and the whimsical Leaning Tower of Pisa are just some HOW TO CONTACT US: ofthe rich treasures that distinguish Tuscany as one ofthe most beautiful places in Italy Telephonenumbersandemailaddresses attheSchoololLaw: and the world. Dean'sOffice 413-782-1413 The Alumni Association is pleased to present ArthurGaudio you with the opportunitytotravel to Tuscanyon email:[email protected] an all-inclusivetravel opportunity: Admissions • Roundtrip airfareto Florence 413-782-1406 • Accommodationsforseven nights MichaelJohnson attheTuscan Villa Tavolese ennail:[email protected] • Aspecial Welcome Receptionfeaturing Development/Alumni Relations Chianti winesfromthe region 413-782-1311 • Three meals each day KeithMcKittrick • Informative educational programs email;[email protected] • Excursionsto Chianti olive grovesandvineyards; Colle di Val d'Elsa, thecenterofTuscan crystal CareerServices blowing; the 14th centurytown ofSan Gimignano; 413-782-1416 thetowns of Lucca and Pisa; a privatetourofthe SandraOlearcek Castello di Monsanto; the cityof Florence; and email:[email protected] Siena, spectacularlysituated atopthree StudentRecords converging hills. 413-782-1401 MaryVanHouten Fordetails, contactthe Office ofLaw email:[email protected] Alumni Relations at413-782-1311 LawLibrary orvisitwww.law.wnec.edu/alumni. 413-782-1457 BarbaraWest email:[email protected] FacultyMembers 413-782-3111 andaskforspecificfacultymember Manyfacultyalsouseemail. Toreachafacultymember,typetheinitial oftheirfirstnameandtheirlastname [email protected] MainFaxNumber '113-796-20&7 MailingAddress: 121.5WilbranamRoad SpringfieldMA01119-2684 VisitusontheWeb Ouraddressis:www.law.wnec.eda FALL 2005 Perspechves WESTERN NEW ENGLAND COLLEGE SCHOOL OF LAW TODAY'S PIONEERS: Straighttalk from Russell Denver, Esq.'92 and Allan Blair '96 on how initiatives like the new Western New England College Law and Business Center for Advancing Entrepreneurship are influencing eco- nomic development in ourcommunity. Page 10 STUDENT SPOTLIGHT Elizabeth Rodriguez-Ross 2L Growing up in an environment surrounded by drugs, gangs, and violence, Elizabeth Rodriguez-Ross was told notto expect much from life. Today she is a "Model of Persistence and Accomplishment" tothose around her. Page 19 PROTECTING THE BIG IDEA Focus on Intellectual ALUMNI PROFILE Property Law Jonathan Blum '84 Western New England College School of Law has been the This SeniorVice President of Yum Brands, Inc., the proving ground for scores of IP attorneys. Learn how our parent company ofTaco Bell, Pizza Hut, KFC, Long alumni are applying their legal educations in this challeng- John Silver's, and A&W Restaurants, is using his ing specialty. legal education to steerthe public affairs ofthese Page 5 fastfood giants. Page 25 PRESIDENT'SMESSAGE 2 CAMPUSNEWS 22 DEAN'SMESSAGE 3 FACULTYPROFILE: PhilBouchard 26 MeetMichaelJohnson,AssistantDeanandDirectorofAdmissions 4 ALUMNINEWS 28 NewFacultyandAdministrators 12 InstituteforLegislativeandGovernmentalAffairs 31 WhatifSirWalterRaleigh...? 14 CommencementandConvocation 32 FACULTYANDSTAFFNOTES 16 ClasonSpeakerSeries 34 ProfessoroftheYear:FrederickRoyal 20 ALUMNINOTES 35 DevelopmentReport 21 INMEMORL\M 39 FALL 2 0 0 5 Dear Benefactors, Donors, and Friends ofthe School ofLaw, Thishasbeen a yearofvigorousgrowth atWestern NewEnglandCollege and at itsSchoolofLaw. TheCollegecontinues tocreate innovativeprogramsthat meetstudents'needs. The School ofLawhasestablished its firstmasteroflawsdegree,the LL.M. in Estate Planningand ElderLawprogram,with an inauguralclassthathassignificantly surpassed theprojected enrollment.Thisresponse is indicativeofthe need for advanced and specializedlegaleducation and reflectstheongoingreputation theSchool nowenjoys. Indeed,theCollegeand its fourschoolscontinue tobe recognizedon a national scale. In itsannual"America's Best Colleges"rankings, U.S. Newsand WorldReport listsWestern NewEnglandCollege in thetop tierofits"North"categoryamong comprehensivecollegesanduniversities,thosewhichprovidea full rangeofbachelor's and master'sprograms.The report ranks schoolsbased on 15 differentindicators relatedtoacademicexcellence. Western NewEnglandCollege alsohasbeen selected to appearin CollegesofDistinction, anewcollegeguideandwebsiteprofilinginstitutionscharacterizedasAmerica'sbest valuesin highereducation. CollegesofDistinction featurescolleges that excelin keyareas ofeducationalquality. In ourlocalregion,thedynamic interplayamongourSchoolspresentsexceptionalopportunities forourstudentsandsignificantbenefits to ourcommunity.Thisfall,through theestablishment oftheWestern NewEnglandCollege Lawand Business CenterforAdvancingEntrepreneurship, theCollegehascreateda meansofengaginglawandbusiness studentsandfacultyin an economic development initiative that links the Collegeandthelocal community. Yoursupport assures thatwewill continueto makeremarkableprogressattheSchool ofLaw aswe fulfillourspecialcallingofmakinganoutstandinglegaleducation accessibletoexceptionally qualifiedstudents. Benefactors,alumni,friends,and membersoftheSchoolcommunityhavemanyreasons tobe proud ofthe School ofLaw. It is throughyourgenerositythat wehavebeenableto craftand sustain a highqualitylegal education,which our more than 6,000alumni recognizetobea remarkableasset in theircareersaswell asin theirpersonallives. I amgrateful to you foryourgifts. Sincerely, AnthonyS.Caprio President PERSPECTIVES DearAlumni and Friends, InthisissueofPerspectiveswehavetheprivilegeofsaying "thankyou"tothemanyofyouwhohavebeensogenerousasto giveusyourfinancialsupportoverthepastyear.Yoursupportmakesit possiblefortheSchoolofLawtodomanythingsthatareimportantfora qualitylegaleducationandforourlawstudents.Manyofyouspecifically designatedyourgiftforscholarshippurposesandthatenablesustoattract andretainmanygifted,butfinanciallyneedy,students.Othersofyou madeacontributiontothelawlibrary,whichenhancesthestrengthofour informationresourcesforbothstudentsandalumni.Thosewhomadea discretionarygifttotheSchoolmadepossiblesuchundertakingsas sendingourstudentstothefinalsofanumberofmootcourtand negotiationcompetitionsoverthepastseveralyears.Participationin thesecompetitionsservestostrengthenthenationalreputationofour programs.And,veryimportantly,aswebeginaneweffort,someof youhavemadecapitalgiftstohelpusstartthefundraisingforthe renovationsandadditionstotheSchoolofLawbuildingthatare essentialfortheSchooltoremaincompetitive. Fromeveryoneatthe SchoolofLaw,pleaseacceptourmostsincerethanks. Alsointhisissueyou'llseeourcontinuingefforttohighlight WesternNewEnglandCollegeSchoolofLawalumni/aeinvarious importantandgrowinglegalfields.Inourfeaturestorywetakenote ofIntellectualPropertyanditsincreasingimportanceintheU.S.and worldeconomies.AndSchoolofLawalumni/aeareinthemidst,ifnot thelead,ofthisdevelopingfield.Ifthere'sapatent,copyright,or trademarkissuetoberesolved,it'squitepossiblethatoneofyour schoolmateswillbeatthetable. Ihopeyouenjoytheissueandtheinformationaboutyour classmatesandschoolmates. And,asalways,pleasefeelfreeto shareyourthoughtsandideas. ArthurR.Gaudio DeanandProfessorofLaw To what do you attribute the School's growth in the num- J berof applications in recentyears? E First, when you look atthe people taking the LSAT,—youii'il'lllffiinnrdi ^ thatthe majority ofthenn score within our medians our25th and 75th—which makes us much more competitive and a lot more attractive to more students. Many students view LSAT scores as a reflection ofthe quality ofa school. Our numbers, small class sizes, and scholarship program make us an attrac- tive choice among lawschools regionallyand nationally. Secondly, the factthat we are close to metropolitan areas butare in a somewhat smallercity makes us attractiveto peo- ple who don'twantthe congestion and the high cost of living associated with majormetropolitan areas. Q Howwill youroffice continueto build onthistrend? MICHAEL JOHNSON A Our travel program puts us face-to-face with prospective ** students at forums across the country and gives us more BRINGING A TOUCH OF SOUTHERN national exposure. They now recognize that we have a qual- HOSPITALITY TO WESTERN NEW titoywaprrdosgraasmucacnedssafuclcocmaprleiesrhAesdtfhaecualptpylitchaanttwpiollollebaedctohmeems more Internet savvy, am working to make ourcommunica- I ENGLAND COLLEGE tions more web-based to stay ahead of the curve. would I also liketo strengthen recruitmenteffortstoward minorityor ByMaryMazzaferro diversity students with the help ofalumni who can help When prospective students call the Admissions Office at Western New prospective students to see England College School of Law, they may not expect to hear a warm How hasscholarship aid that the School is commit- southern accent on the other line. But the charm and service orienta- contributed to enrollment ted to diversity. tion exuded by Assistant Dean and Director of Admissions Michael growth? Johnson make this North Carolinian the perfect ambassador for a Massachusetts school renowned for its collegiality. Our generous scholarship pro- Michael has been an integral part of the growing success of gram is one of the strongest in recruitment efforts since joining the Admissions staff as the assistant the country. It enables us to What otherrolescan director in 2003. When formerAssistant Dean Sherri Berendt resigned drawfrom a bigger pool ofappli- alumni play in attracting to return to her native Chicago this spring, Dean Art Gaudio and his cants and be more selective. It is qualified students? staff were convinced Michael was the best candidate to continue to very importantforalumni to sup- drive this upward trend in enrollment. port the School financially We getso manycallsfrom Michael has been interested in law since he became involved in becausethe scholarship program prospective students who student government at his high school in rural Granite Falls, NC, isa resourcethat makes us more want to speak with alumni where he was among just over a dozen African Americans in a student competitive, particularly against practicing in a particularfield body of 1,100. His selection as student body president speaks vol- regionalcompetitors. or geographic area. Just umes for his early leadership abilities and inspiring "can do" attitude. - - making themselves available His journey to head the Western New England College School of to the Admissions staff with Law Admissions Office was an unusual one. While accompanying a updated phone numbers and friend to a U.S. Airways "cattle call" of over 400 job candidates, Michael made such an impression that he addresses is a great help. We fre- was one of the 25 people offered a job. He spent 13 years working for the airline, traveling the continent quently have prospective students and the globe, and taking a special interest in the activities of the Association of Flight Attendants Union. in large cities such as New York, "I didn't hold any office, but I was very involved with the union base, and I did a lot of volunteer work Philadelphia, orAlbany, wherewe have during campaigns and strike negotiations. It inspired me to finish my undergraduate degree, which I had a strong alumni base, eagerto talkto put on hold. did very well and decided that law school was within reach." an alum from that city. We're always I Amazingly. Michael completed dual majors in Criminal Justice and History from the University of looking for alumni to host sessions North Carolina at Charlotte and earned a J.D. from West Virginia University College of Law while continu- for admitted students or speak on ing to work as a flight attendant on weekends! During law school, Michael's interpersonal skills landed panels orat open houses. Introducing him a part-time position as a Graduate Assistant for Minority Recruitment. While he had originally prospects to a successful alum intended to apply his legal education to human resources or labor law, Michael felt a natural fit in law provides a great glimpse into their admissions. His interest in law admissions has led to his recent two-year appointment to serve on the ownfuture. Law School Admissions Council's Finance and Legal Affairs Committee. Today, this southern transplant feels right at home recruiting law students to the heart of New England. 4* www.law wnec edu PERSPECTIVES Focus on Intolleotual Property Law From peer-to-peer distribution of music and film on the Inter- net to the vanguard of biotechnology, intellectual property [IP] aw often stands on the leading edge of legal precedent. The rapid pace of technology creates opportunities to test new boundaries and define parameters not imagined just a decade ago. By Mary Mazzaferro The specialty is exploding in opportu- students will need some familiaritywith the nity and complexity fueled by emerg- specialty, Assistant Professor ofLawWilliam ing technologies on all fronts. Childs says,"In all sorts ofareas ofindustry, Whether it is negotiating patent application IP strategy is playing a more central part. issues in Asia or challenging licensing and Some companies are even creating separate trademark infringements in cyberspace, pro- subsidiaries to enforce patent protections tecting the "Big Idea" is fast becoming one of right from the start. That is why the Law thebiggest practice areas ofthe 21^^ century. School has expanded class coverage for Western New England College School of students for whom this may not be their Law has been the proving ground for scores primaryfocus." ofIP attorneys. Recognizing that all current According to Cheryl Lisi properly.Afewyears ago,wehad Chadwick,VicePresident, to litigate when a small company Assistant General Coun- began to use a similar name to sel and Assistant Secretary for ourWite-Out® brand. It ledto a BIC, the company's iconic logo bench trial in Federal Court in elicits, "Seventy-five percent New York with the defendant unaided brand awareness in the claimingWite-Out had become pen category and 90 percent generic.Wewere able to prevail aided brand awareness, which is againsttheclaim becausewehad the highest in its category. What put a great deal ofeffort toward consumers say they remember protecting thebrand." CHERYL LISI CHADWICK '88 most is the'BIC Boy'and orange With its origins and parent color." company in Clichy, France, BIC Vice President, Protecting patents has been has sent Chadwick around the AssistantGeneral Counsel integral to the company's com- world overseeing IP issues. Much andAssistantSecretary petitive advantage in so many ofher international attention is BICCorporation consumer goods categories. For focused on working with R&D (Legal DeMpialrfotrmde,nCtT) nearly 15years,Cheryl Lisi Chad- teams regardingpatents and new wick has been a part ofthe cor- productlaunches. porateIP strategyforsuccess. Among the biggest IP chal- Attorney Chadwick first lenges for the company remain became involved in IP lawwhile "knock-off" products. "Our BiC working in private practice in brand is so strongand ourprod- Washington, DC, representing uct imagehasbecomesopopular, small, emerging businesses. In when we can, we pursue trade- 1991, she was hired as an in- mark or patent protection for house counsel at BIC's North product shape. It is a critical Americaheadquarters. Chadwick strategy to address counterfeit says,"Oneofthefirstthings Iwas products. This is particularly assigned to do was to get my important in the shavercategory arms around the trademarkport- wherethecompetition is fierce." folio." WhilemanyIPattorneyshave Shebegan acarefulassessment backgrounds in science or engi- ofthe company's many brands. neering.AttorneyChadwickcred- "We needed to determine what its her generalist background we owned. We had to build an with giving her a well-rounded internal system and a database. background."Being an in-house Today, we still rely on outside practitioner,you need to be able counsel, but we have a small in- to make complex legal issues house department with fiveattor- understandable to business peo- A neys.We're all generalists,but we ple. I model that from many of global leader each have certain practice areas; mylawprofessors." in the stationery products, lighter, and shaver one"ofWemicnoeveisrIaP.lot ofground. straCtehgaicdwIiPcpklaennnijnogy,sshteatrinrgo,l"eWien consumer goods categories, BIC® is a textbook You maynot thinkthatpensarea have several product categories example of brand marketing at its best. highlyregulated product,but ink that are heavily involved in is a chemical so there are a lot of emerging technologies that may regulations,"statesChadwick. befiveyearsout ormore. It'svery "There's a lot ofeducation excitingto bea part ofpropelling involved in protectingourbrands thecompanyinto thefuture." to make sure the names are used PERSPECTIVES PHILMORE H. COLBURN II '91 Partner, CantorColburn LLP Bloomfield.CT course.We are also fortunate to have a As a managing partner, (Colburn numberofexcellent adjunct professors focuses his energies on "opinion work, with significant expertiseas practition- transaction work, and advising clients, ersinthe IP field." mostly our large corporate clients like Attorney Colburn has much to GE and IBM. I get a fairly high level of bringto the classroom from nearly 15 exposure with the management ofour years as an IP attorney and an ideal clients. I feel that I can make an imme- background for IP practice that diate impact on business issues con- includes a B.S. in Electrical Engineer- fronting these companies, and I am ing,anM.B.A.,anda J.D. involved in shaping what they mayor A former Design Engineer for the maynotdoin thefuture." Hamilton Standard Division ofUnited Lookingattrendsandopportunities Technologies Corporation,Attorney impacting his firm, Colburn observes, Colburn has become a preeminent IP "There has certainlybeen a build up in attorney, serving Fortune 500 clients in thebiotech and pharmaceutical groups. the telecom, automotive, petroleum, Also, we've been growing our foreign optical imaging,andmanyotherindus- practice, primarilywork originating tries. His firm, Cantor Colburn LLP, from Asia. Currently, we have two specializes in patent,trademark, copy- Korean patentattorneysinthefirm and right, unfair competition, computer, a Japanesepatent attorneywill soon be Attorney Philmore H. Colburn II, trade secret law, and related licensing comingonboard." a partner in Cantor Colburn LLP headquartered andlitigation. AttorneyColburn makes these rec- For Colburn, a technical back- ommendations to current students in Bloomfield, CT, has joined our adjunct ground is a real advantage in IP interested in IP law, "Work ethic is facultythis fall to teach patent law practice. He says, "Almost all of extremely important. Many students to third-year students. our attorneys have technical back- don't realize what it takes to bill 1,800 — grounds you need that to sit for the hours. Moreover, you need to be He Patentbar." patient; it takesthree to fiveyears fora is amongagrowingnumber The firm currentlyretains 57 attor- patent attorneyto be trained.At that ofIP instructors atthe School neys and agents at offices in Bloom- timeyoubecomealot morevaluable." ofLaw. States Professor of field,CT;Troy,MI;andAdanta,GA. LawAmy Cohen,"There has been a "Mostofourlitigationgroupiscom- tremendousexpansion ofinterest in IP prisedofWesternNewEnglandCollege inthelast 20years.TheLawSchool has alums.Oneofthewayswechosetogrow responded by increasing both our wasbyexpandingthatarea. Initially,my courseofferingsandthenumberoffac- partnerand I didmostofthelitigation, ultymembersteachingin this area.We butitwasdifficulttolook fornewbusi- nowhave four full-time faculty mem- nesswhenyou'reconstantlytravelingfor bers who teach at least one IP-related Litigation." CantorColburnLLPemploys 12alumniofWestern New EnglandCollegeSchoolofLaw: (Itor) PamelaJ. MercierCurbelo'91 DanielE. Bruso'96 AmyJ. Bizon-Copp'97 SeanF.Sullivan '93 GeorgeA. Pelletier'97 PhilmoreH.Colburn II '91 J. Michael Buchanan'05 StevenM. Coyle'93 WilliamJ.Cass'88 CharlesF. O'Brien'97 AndrewC. Ryan'97 Missingfrom photo: MarlsaJ. Dubuc'00 KATHLEEN M. PORTER '90 Partner, Robinson &Cole LLP Boston, MA " Technology is so important today. The challenge is in balancing how you maximize its protection vs. how you exploit it fully," observes Kathleen M. Porter, a Partner at Robinson & Cole LLP of Boston, MA. As cochair ofboth her firm's Intellec- rate company, depending on whether we wayto keepyou wired intowhat ishappen- tual Property and Technology haveashort-term orlong-term goal." inginyourspecialty." Group, and E-Commerce Group, In addition to the transactional work, Attorney Porter attributes her strong Attorney Porter steers the IP issues of Porter regularlycounsels clients by phone analytical skill to the legal education she clients involved in manufacturing and dis- or in person on day-to-daybusiness issues received at Western New England College tribution in many fields, such as specialty ranging from responding to inquiries from School ofLaw. She says,"I have such high chemicals, home heating oil, and marine state or federal regulators, to reviewing regard for so many people at the School of electronicsandsoftware. websitecontent,todraftingan agreement. Law. It was a wonderful experience. I really Porterspent the first fiveyears at Robin- "Weworkwith a significant number of enjoyed a course with Professor Leora son & Cole practicing in bankruptcy and UK, European, and Canadian clients. As Harpaz. She reallyencouraged us to analyze documenting loan workouts. In 1995 the such, it's important to have an understand- the issues carefully." economy turned around, and she began ing ofhowa companyoperates in another Today,Porterworks closelywith another looking for a newchallenge in IP law. She countrysoyoucan explain to them the dif- favorite mentor, Professor and Associate and her husband, Jim McGlynn '90, who ferences in U.S. law. For example, privacy Dean forExternalAffairs Sam Stonefield,as worked as a housing lawyerat Connecticut law is very different in the U.S. In many a member of the Law Alumni Board of LegalServices,decidedto relocateto Boston. other countries, laws generallygovern the Directors. For Porter, keeping alumni con- Kathy and Jim, who is now Committee collection, use,and disclosure ofa person's nectedisamongherfirstordersofbusiness. Counsel to the HousingCommittee in the personal information.TheU.S.,however,has "More alumni need to continue to net- Massachusetts House ofRepresentatives, no general scheme governing the use of work and become familiar with resources along with their daughter, Molly, have personal information. The rules here are such as the Alumni Directory on the enjoyedtheirBostonexperience. moreofa patchworkoffederal and state law School's website. I often receive calls from "Today I do a lot ofworkwith technol- aswell asself-regulation and depend heavily classmates looking for referrals to attor- ogy-based companies, particularly in the ofthetypeofpersonalinformation." neys. The Directory is a great place to start, partnering andjointventurearea. It's excit- Attorney Porter is an active member of notjust for IP attorneys, but for anyprac- ing to bring business partners together, to theABA Business Section's Cyberspace Law ticearea." seewhat ideas, products,and services are in Committee,and as such has had the oppor- R&D development, to see more ofthe tunityto coauthor articles and participate stage." She says shaping the deal is always in panel discussions on E-commerce and interesting,"I may talk with the company Internet law issues. She advises,"I encour- about licensing technology by structuring a age anyone in large or small firms to — licensingagreementorbysettingup a sepa- become involved with theABA it's a great