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National Docketing Association
Calendaring our future together.
March 31, 2016 Volume 3, Number 3
In This Issue President's Message
Editor's Note
Newsletter Committee
Comics
IP Survey, the Results are in!
United States Court of Appeals – Federal Circuit Update
San Francisco Chapter
Atlanta Chapter
Century City Chapter
DC Chapter
Downtown Los Angeles Chapter
Brown v. Lockheed Martin Corp.
Psychology of Ethics
2016 Fourth Annual NDA Conference
Board of Directors
National Docketing Association Home Page
About us Calendar of Events Membership Annual Conference Sponsors
Contact us LinkedIn
President's Message
Welcome to the March 2016 NDA Newsletter!
I am very pleased to announce that the Fourth Annual
NDA Conference is officially coming to the West Coast! A
special thank you to our Conference Chair, Michelle
Martinez, for all her hard work scouring the west coast for
the perfect place and the perfect price for our members.
You’ve placed your bets and I am happy to announce that this year’s
conference will be held in Las Vegas! Be sure to mark your calendars as the
conference is scheduled to be held from September 25 through 27, 2016.
In addition, I would like to congratulate our IP membership for their great
response to the IP Survey circulated last month. We hope to use this
feedback to create resources directly corresponding to the needs of our IP
members.
And lastly, do you sometimes feel like your job is a menial task in a law
firm? Recently, I received a call from an attorney questioning how my
department had calculated a due date, as his calculation was different.
During our conversation it became apparent that he had not taken into
account the judge’s individual practices before whom he was practicing. The
new calculation, our calculation, gave him more time. He was ecstatic.
Docketing has become a vital department in law firms. In keeping with this
mindset, one of my co-workers has a phrase on their desk, “Every job is a
self-portrait of the person who did it. Autograph your work with
excellence.” The National Docketing Association, its membership and its
resources, are here to help you in the pursuit of that excellence.
Regards,
JoAnn Disanti
DISCLAIMER: This material has been prepared for instructional purposes only, and is not intended to be relied upon in
the practice of law
http://www.nationaldocketing.org/http://www.nationaldocketing.org/http://www.nationaldocketing.org/About_Ushttp://www.nationaldocketing.org/Calendarhttp://www.nationaldocketing.org/page-1852816http://www.nationaldocketing.org/Annual_Conferencehttp://www.nationaldocketing.org/Sponsorshttps://www.linkedin.com/groups/National-Docketing-Association-775127/abouthttps://www.facebook.com/NationalDocketinghttps://twitter.com/docketinghttp://nationaldocketing.org/https://www.facebook.com/NationalDocketinghttps://www.linkedin.com/groups/National-Docketing-Association-775127/abouthttps://twitter.com/docketinghttp://nationaldocketing.org/
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In This Issue President's Message
Editor's Note
Newsletter Committee
Comics
IP Survey, the Results are in!
United States Court of Appeals – Federal Circuit Update
San Francisco
Chapter
Atlanta Chapter
Century City Chapter
DC Chapter
Downtown Los Angeles Chapter
Brown v. Lockheed Martin Corp.
Psychology of Ethics
2016 Fourth Annual
NDA Conference
Board of Directors
National Docketing Association Home Page
About us
Calendar of Events
Membership
Annual Conference
Sponsors
Contact us
Editor's Note
The call for more submissions to the NDA Newsletter went
out last month and you will see the NDA members
answered the call. In particular, local chapters have
organized, held initial meetings and have set agendas for
going forward. We know all too well the time it takes to
recruit a local group, but to also make the time to submit
newsletter items is much appreciated. Special thanks goes
out to our Membership Chair, Olivia Bane, for getting the
local chapters organized.
As many of you have already heard, the IP Survey that was recently
conducted was very successful. A total of 117 responses were submitted,
which is going to be discussed during the March NDA Webinar. During the
2015 NDA Annual Conference, a group of IP professionals was formed, and I
recommend you join so that you get included on the latest IP information
that is shared among them. If you would like to join, please forward your
contact information to the members listed in the IP article within this
newsletter. Be on the lookout for the second IP survey, which will cover
salaries and staffing. This should be out by May. Special thanks goes out to
the entire IP group, along with Beth Hella and Igor Olenich for setting up the
survey. As always, none of this would get done technically without the
assistance of John Hagel.
This month we also have our first submission from Lisa Cadungug, who also
serves as one of the NDA Editors. I tried to turn the table by playing editor to
her article, but to no surprise there was nothing to correct. Speaking of Lisa,
I have to give a shout-out to her daughter Maranda. During a recent
conversation with Lisa, she mentioned how busy she was helping Maranda
distribute Girl Scout cookies that she had sold. Now we all know there are the
Girl Scouts that will just ask their parents to buy more cookies than they
could ever imagine and then there are others that will put in the most
extraordinary effort. My daughter was the Girl Scout that would just ask me.
I believe we still have boxes of Girl Scout cookies around the house (and I
would rather not say how long that has been). Maranda on the other hand
had a different goal, which was 2,000 boxes, and that goal was achieved.
Having had my share of cookies in order for my daughter to look like she sold
a lot, I have never turned down an offer to enjoy a Tagalong or Samoa. I was
more than happy to have some of those cookies transported from Oregon to
New York. If anyone else is interested in satisfying that Tagalong, Samoa or
Thin Mint craving please reach out to Lisa.
William McKay
http://www.nationaldocketing.org/http://www.nationaldocketing.org/http://www.nationaldocketing.org/http://www.nationaldocketing.org/About_Ushttp://www.nationaldocketing.org/Calendarhttp://www.nationaldocketing.org/page-1852816http://www.nationaldocketing.org/Annual_Conferencehttp://www.nationaldocketing.org/Sponsorshttps://www.linkedin.com/groups/National-Docketing-Association-775127/abouthttps://www.facebook.com/NationalDocketinghttps://twitter.com/docketinghttp://nationaldocketing.org/
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In This Issue President's Message
Editor's Note
Newsletter
Committee
Comics
IP Survey, the Results are in!
United States Court of Appeals – Federal Circuit Update
San Francisco Chapter
Atlanta Chapter
Century City Chapter
DC Chapter
Downtown Los
Angeles Chapter
Brown v. Lockheed Martin Corp.
Psychology of Ethics
2016 Fourth Annual NDA Conference
Board of Directors
National Docketing Association Home Page
About us
Calendar of Events
Membership
Annual Conference
Sponsors
Contact us
Newsletter Committee
William G. McKay
NDA Technology & Publication Committee Chair Willkie Farr & Gallagher LLP [email protected]
Lisa Cadungug
NDA Newsletter Co-Editor McEwen Gisvold LLP [email protected]
Elaine Screechfield NDA Education Committee Chair Morrison & Foerster LLP
Laurie Jennings NDA Newsletter Co-Editor
Nelson Mullins Riley & Scarborough LLP [email protected]
John Hagel NDA Technology Committee Technical Analyst Willkie Farr & Gallagher LLP [email protected]
Lindsay Owen NDA Technology Committee Technical Analyst White & Case LLP [email protected]
Attention writers! We are looking for articles to be published in next month’s NDA newsletter. Articles need to be original or have consent from the author to be reproduced. If you would like to submit
an article for the NDA Newsletter please click the link below:
Click here to submit an article for the NDA newsletter
Comics
Jade Weaver
http://www.nationaldocketing.org/http://www.nationaldocketing.org/http://www.nationaldocketing.org/http://www.nationaldocketing.org/About_Ushttp://www.nationaldocketing.org/Calendarhttp://www.nationaldocketing.org/page-1852816http://www.nationaldocketing.org/Annual_Conferencehttp://www.nationaldocketing.org/Sponsorshttps://www.linkedin.com/groups/National-Docketing-Association-775127/abouthttps://www.facebook.com/NationalDocketinghttps://twitter.com/docketingmailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]?subject=NDA%20News%20Article%20Submissionhttp://nationaldocketing.org/
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In This Issue President's Message
Editor's Note
Newsletter
Committee
Comics
IP Survey, the Results are in!
United States Court of Appeals – Federal Circuit Update
San Francisco
Chapter
Atlanta Chapter
Century City Chapter
DC Chapter
Downtown Los
Angeles Chapter
Brown v. Lockheed Martin Corp.
Psychology of Ethics
2016 Fourth Annual
NDA Conference
Board of Directors
National Docketing Association Home Page
About us
Calendar of Events
Membership
Annual Conference
Sponsors
Contact us
IP Survey, the Results are in!
Many thanks to the members who took part in the Patent and Trademark
Docketing Survey a few weeks ago! With well over 100 responses, we’re off to
a great start in capturing valuable data for our members.
And we learned so much about what others in the IP docketing field are doing!
For instance, did you know that 66% of the respondents docket both patents and
trademarks? And that over 50% of respondents work on a web-based docketing
system?
How long have we been using our patent docketing systems? Over 50% of
respondents have been using their current patent system for over 5 years and
nearly half of those for over 10 years! There were similar results for trademark
docketing systems. However, only 25% of respondents indicated that they were
looking to switch docketing systems.
So what IP docketing software is everyone using? Check out the slideshow from
our latest IP webinar to find out. We conducted a complete review of the survey
results and discussed various aspects of IP docketing software, so please take a
few minutes to log onto the NDA website and check it out.
Beth Hella
Igor Olenich
William McKay
United States Court of Appeals – Federal Circuit Update The United States Court of Appeals for the Federal Circuit has amended the
Federal Circuit Rules of Practice. The amendments are extensive and include
incorporating the terms of the Administrative Order Regarding Electronic
Case Filing dated May 17, 2012; revising the requirements for confidential
markings; as well as other updates, conforming changes and editorial
corrections throughout. The revised rules are effective and shall apply to all
appeals docketed on or after Friday, April 1, 2016. The new rules are
available on the courts web site.
William McKay
http://www.nationaldocketing.org/http://www.nationaldocketing.org/http://www.nationaldocketing.org/http://www.nationaldocketing.org/About_Ushttp://www.nationaldocketing.org/Calendarhttp://www.nationaldocketing.org/page-1852816http://www.nationaldocketing.org/Annual_Conferencehttp://www.nationaldocketing.org/Sponsorshttps://www.linkedin.com/groups/National-Docketing-Association-775127/abouthttps://www.facebook.com/NationalDocketinghttps://twitter.com/docketinghttp://nationaldocketing.org/
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In This Issue President's Message
Editor's Note
Newsletter
Committee
Comics
IP Survey, the Results are in!
United States Court of Appeals – Federal Circuit Update
San Francisco Chapter
Atlanta Chapter
Century City Chapter
DC Chapter
Downtown Los
Angeles Chapter
Brown v. Lockheed Martin Corp.
Psychology of Ethics
2016 Fourth Annual NDA Conference
Board of Directors
National Docketing Association Home Page
About us
Calendar of Events
Membership
Annual Conference
Sponsors
Contact us
San Francisco Chapter
Upcoming Events Topic: Meet the Northern District of CA’s Clerk of Court, Susan Y. Soong; and Chief Deputy of Operations, Kathleen Shambaugh Date: Thursday, May 12, 2016 Location: Morrison & Foerster, 425 Market Street, SF - Registration Info is forthcoming!
SF BAY AREA SUPERIOR COURTS
General / All Superior Courts
• Chief Justice Cantil-Sakauye’s 2016 State of the Judiciary (3/10/16) http://newsroom.courts.ca.gov/news/2016-state-of-the-judiciary • New and Revised Judicial Council Forms Effective March 1, 2016 http://www.courts.ca.gov/documents/2016-03-01PublishersList.pdf
• New and Revised Judicial Council Forms Effective July 1, 2016 http://www.courts.ca.gov/documents/2016-07-01-OCT-PublishersList.pdf
Alameda Superior
Rule Changes: • Invitation to Comment on Proposed New Local Rules and Forms; Comments due by May 6, 2016 (3/22/16) http://www.alameda.courts.ca.gov/Pages.aspx/Invitation-to-Comment-Proposed-Amendments
Judges: • Self-Help Center to Relocate from Oakland to Hayward effective March 30, 2016 (3/10/16)
http://www.alameda.courts.ca.gov/Resources/Documents/SELF%20HELP%20Move%20Notice%20for%20Web%20v1(2).pdf
Marin Superior
Rule Changes / Revised Local Forms: • Request for Court Reporting Services in Civil, Family Law and Probate Proceedings Form (Rev. 2/16) http://www.marincourt.org/data/localforms/REP004-REQUESTFORCOURTREPORTERSERVICES2-16.pdf
Sacramento Superior
Changes in Hours/Closures: • New Filing Location for Restraining Orders Effective Feb. 29, 2016 (2/25/16) https://www.saccourt.ca.gov/civil/docs/pn-cv-change-restraining-orders-022516.Pdf
San Francisco Superior
Notices: • SF Superior in Search of Volunteers for the Civil Grand Jury: Application Deadline May 13 (3/3/16)
http://www.sfsuperiorcourt.org/sites/default/files/images/Civil%20Grand%20Jury%20News%20Release%202016%20FINAL.pdf Rule Changes: • Public comment period for the proposed changes to Local Rules (Effective July 1, 2016) runs March 16, 2016 through May 2, 2016.
http://www.sfsuperiorcourt.org/sites/default/files/images/SF%20Local%20Rules%20Proposed%20Revisions%207-1-2016_For%20Public%20Comment_0.pdf
http://www.nationaldocketing.org/http://www.nationaldocketing.org/http://www.nationaldocketing.org/http://www.nationaldocketing.org/About_Ushttp://www.nationaldocketing.org/Calendarhttp://www.nationaldocketing.org/page-1852816http://www.nationaldocketing.org/Annual_Conferencehttp://www.nationaldocketing.org/Sponsorshttps://www.linkedin.com/groups/National-Docketing-Association-775127/abouthttps://www.facebook.com/NationalDocketinghttps://twitter.com/docketinghttp://newsroom.courts.ca.gov/news/2016-state-of-the-judiciaryhttp://www.courts.ca.gov/documents/2016-03-01PublishersList.pdfhttp://www.courts.ca.gov/documents/2016-07-01-OCT-PublishersList.pdfhttp://www.courts.ca.gov/documents/2016-07-01-OCT-PublishersList.pdfhttp://www.alameda.courts.ca.gov/Pages.aspx/Invitation-to-Comment-Proposed-Amendmentshttp://www.alameda.courts.ca.gov/Pages.aspx/Invitation-to-Comment-Proposed-Amendmentshttp://www.alameda.courts.ca.gov/Resources/Documents/SELF%20HELP%20Move%20Notice%20for%20Web%20v1(2).pdfhttp://www.alameda.courts.ca.gov/Resources/Documents/SELF%20HELP%20Move%20Notice%20for%20Web%20v1(2).pdfhttp://www.marincourt.org/data/localforms/REP004-REQUESTFORCOURTREPORTERSERVICES2-16.pdfhttp://www.marincourt.org/data/localforms/REP004-REQUESTFORCOURTREPORTERSERVICES2-16.pdfhttps://www.saccourt.ca.gov/civil/docs/pn-cv-change-restraining-orders-022516.Pdfhttps://www.saccourt.ca.gov/civil/docs/pn-cv-change-restraining-orders-022516.Pdfhttp://www.sfsuperiorcourt.org/sites/default/files/images/Civil%20Grand%20Jury%20News%20Release%202016%20FINAL.pdfhttp://www.sfsuperiorcourt.org/sites/default/files/images/Civil%20Grand%20Jury%20News%20Release%202016%20FINAL.pdfhttp://www.sfsuperiorcourt.org/sites/default/files/images/SF%20Local%20Rules%20Proposed%20Revisions%207-1-2016_For%20Public%20Comment_0.pdfhttp://www.sfsuperiorcourt.org/sites/default/files/images/SF%20Local%20Rules%20Proposed%20Revisions%207-1-2016_For%20Public%20Comment_0.pdfhttp://www.sfsuperiorcourt.org/sites/default/files/images/SF%20Local%20Rules%20Proposed%20Revisions%207-1-2016_For%20Public%20Comment_0.pdfhttp://www.sfsuperiorcourt.org/sites/default/files/images/SF%20Local%20Rules%20Proposed%20Revisions%207-1-2016_For%20Public%20Comment_0.pdfhttp://nationaldocketing.org/
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In This Issue President's Message
Editor's Note
Newsletter
Committee
Comics
IP Survey, the Results are in!
United States Court of Appeals – Federal Circuit Update
San Francisco Chapter
Atlanta Chapter
Century City Chapter
DC Chapter
Downtown Los
Angeles Chapter
Brown v. Lockheed Martin Corp.
Psychology of Ethics
2016 Fourth Annual NDA Conference
Board of Directors
National Docketing Association Home Page
About us
Calendar of Events
Membership
Annual Conference
Sponsors
Contact us
San Mateo Superior
Notices: • Applications for Civil Grand Jury due by March 30, 2016 (2/1/16) http://www.sanmateocourt.org/documents/court_news_and_notices/020116.pdf
Santa Clara Superior
Rule Changes / Revised Local Forms: • Proposed Local Rules to be Effective July 1, 2016; Comments due by April 15, 2016 (2/29/16) http://www.scscourt.org/general_info/rules/proposed.shtml • Revised Transcript Order Request Form (3/7/16) http://www.scscourt.org/forms_and_filing/forms/AD-1008.pdf
CA COURT OF APPEAL 1st Appellate District
Debit and Credit Cards are now Accepted (3/10/16)
The Court of Appeal, First Appellate District now accepts debit cards and major credit cards—Visa, MasterCard, Discover, and American Express as
a form of payment.
CA SUPREME COURT
Notices: • Supreme Court Oral Argument Calendar for April 6-7 in Los Angeles (3/2/16) http://www.courts.ca.gov/documents/SAPR616A.pdf
• CA Supreme Court will Stream Arguments Online (March 9, 2016, By Jonathan J. Cooper, San Jose Mercury News) http://www.mercurynews.com/san-francisco/ci_29615303/california-supreme-court-will-stream-arguments-online
USDC ND CA
Notices: • New Building Access Procedures for Attorneys & Jurors at 450 Golden Gate Ave, San Francisco
Attorneys and sitting federal juror may be admitted for screening at the Turk St. Employee entrance upon the showing of a valid bar card or court-issued juror badge to court security staff
Duty Judges/New Judges: • General Duty Judges: http://www.cand.uscourts.gov/dutysch Judges’ Standing Orders (Revised/New) • Judge William Alsup’s Supplemental Order to Order Setting Initial CMC in Civil Cases (3/17/2016)
http://cand.uscourts.gov/filelibrary/842/SuppOdrStgCMC.pdf • Magistrate Judge Jacqueline Scott Corley’s Civil Standing Order (2/23/16)
http://www.cand.uscourts.gov/filelibrary/704/JSC-Standing-Order-2.23.16.pdf • Magistrate Judge Howard Lloyd’s Standing Order re Discovery Disputes (3/11/16)
http://www.cand.uscourts.gov/filelibrary/722/Standing-Order-re-Civil-Discovery-Disputes-3.1.pdf
9th CIRCUIT
Notices: • Judge Koh Named for 9th Circuit Judgeship (2/25/16) http://cdn.ca9.uscourts.gov/datastore/ce9/2016/02/25/Koh_Nominated.pdf
http://www.nationaldocketing.org/http://www.nationaldocketing.org/http://www.nationaldocketing.org/http://www.nationaldocketing.org/About_Ushttp://www.nationaldocketing.org/Calendarhttp://www.nationaldocketing.org/page-1852816http://www.nationaldocketing.org/Annual_Conferencehttp://www.nationaldocketing.org/Sponsorshttps://www.linkedin.com/groups/National-Docketing-Association-775127/abouthttps://www.facebook.com/NationalDocketinghttps://twitter.com/docketinghttp://www.sanmateocourt.org/documents/court_news_and_notices/020116.pdfhttp://www.sanmateocourt.org/documents/court_news_and_notices/020116.pdfhttp://www.scscourt.org/general_info/rules/proposed.shtmlhttp://www.scscourt.org/forms_and_filing/forms/AD-1008.pdfhttp://www.courts.ca.gov/documents/SAPR616A.pdfhttp://www.mercurynews.com/san-francisco/ci_29615303/california-supreme-court-will-stream-arguments-onlinehttp://www.mercurynews.com/san-francisco/ci_29615303/california-supreme-court-will-stream-arguments-onlinehttp://www.cand.uscourts.gov/dutyschhttp://cand.uscourts.gov/filelibrary/842/SuppOdrStgCMC.pdfhttp://www.cand.uscourts.gov/filelibrary/704/JSC-Standing-Order-2.23.16.pdfhttp://www.cand.uscourts.gov/filelibrary/722/Standing-Order-re-Civil-Discovery-Disputes-3.1.pdfhttp://cdn.ca9.uscourts.gov/datastore/ce9/2016/02/25/Koh_Nominated.pdfhttp://nationaldocketing.org/
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In This Issue President's Message
Editor's Note
Newsletter
Committee
Comics
IP Survey, the Results are in!
United States Court of Appeals – Federal Circuit Update
San Francisco Chapter
Atlanta Chapter
Century City Chapter
DC Chapter
Downtown Los
Angeles Chapter
Brown v. Lockheed Martin Corp.
Psychology of Ethics
2016 Fourth Annual NDA Conference
Board of Directors
National Docketing Association Home Page
About us
Calendar of Events
Membership
Annual Conference
Sponsors
Contact us
JUDICIAL COUNCIL/LEGAL COMMUNITY NEWS/NOTICES • Report of Trial Court Revenue, Expenditure, and Fund Balance Constraints for Fiscal Year 2014–2015, as required by Government Code sections 68502.5(b) and 77202.5(b) (3/3/16) http://www.courts.ca.gov/documents/lr-2016-TCrevenue_exp_fund_balance-FY2014-15.pdf • Increasing Language Access in the Courts (3/3/16); Presentation from the February 26, 2016 meeting http://newsroom.courts.ca.gov/news/increasing-language-access-in-the-courts
https://jcc.legistar.com/View.ashx?M=F&ID=4278942&GUID=0159ACF1-0A95-4DF8-A9CA-
5B249AD8A713
• Two Judicial Council Members Become Appellate Justices (3/5/16) http://newsroom.courts.ca.gov/news/two-judicial-council-members-become-appellate-justices
• Chief Justice and Judicial Council Welcome Incoming Judicial Officers (3/18/16) http://newsroom.courts.ca.gov/news/chief-justice-and-judicial-council-welcome-incoming-judicial-officers • Judicial Council Meeting April 14, 2016, 9:00 am – April 15, 2016, 5:00 pm http://newsroom.courts.ca.gov/calendar/judicial-council-meeting-3273632
NDA San Francisco Chapter Newsletter Committee:
Jennifer Chang
Fenwick & West LLP
Maureen Conway Winston & Strawn LLP [email protected]
Kim Means Morrison & Foerster LLP [email protected]
Elaine Screechfield Morrison & Foerster LLP [email protected]
Atlanta Chapter
The Atlanta local chapter's first meeting was hosted by Brian Owens of King
& Spalding on March 17, 2016. The meeting was attended by 5 docketing
professionals from Atlanta-area firms. While the focus was on participants'
expectations for the newly formed chapter, a healthy dialogue of members'
software of choice and best practices made for a rewarding event. Future
Atlanta local chapter meetings are slated to be held quarterly with
attendance via webinar lined up for NDA members in the Southeast
region. If you are interested in attending a meeting in person or via webinar,
please contact Brian Owens at [email protected].
http://www.nationaldocketing.org/http://www.nationaldocketing.org/http://www.nationaldocketing.org/http://www.nationaldocketing.org/About_Ushttp://www.nationaldocketing.org/Calendarhttp://www.nationaldocketing.org/page-1852816http://www.nationaldocketing.org/Annual_Conferencehttp://www.nationaldocketing.org/Sponsorshttps://www.linkedin.com/groups/National-Docketing-Association-775127/abouthttps://www.facebook.com/NationalDocketinghttps://twitter.com/docketinghttp://www.courts.ca.gov/documents/lr-2016-TCrevenue_exp_fund_balance-FY2014-15.pdfhttp://www.courts.ca.gov/documents/lr-2016-TCrevenue_exp_fund_balance-FY2014-15.pdfhttp://newsroom.courts.ca.gov/news/increasing-language-access-in-the-courtshttps://jcc.legistar.com/View.ashx?M=F&ID=4278942&GUID=0159ACF1-0A95-4DF8-A9CA-5B249AD8A713https://jcc.legistar.com/View.ashx?M=F&ID=4278942&GUID=0159ACF1-0A95-4DF8-A9CA-5B249AD8A713http://newsroom.courts.ca.gov/news/two-judicial-council-members-become-appellate-justiceshttp://newsroom.courts.ca.gov/news/two-judicial-council-members-become-appellate-justiceshttp://newsroom.courts.ca.gov/news/chief-justice-and-judicial-council-welcome-incoming-judicial-officershttp://newsroom.courts.ca.gov/news/chief-justice-and-judicial-council-welcome-incoming-judicial-officershttp://newsroom.courts.ca.gov/calendar/judicial-council-meeting-3273632mailto:[email protected]://///usgfs02/xdhome/hagelj/My%20Documents/NDA/[email protected]:[email protected]:[email protected]:[email protected]://nationaldocketing.org/
Page | 8
In This Issue President's Message
Editor's Note
Newsletter
Committee
Comics
IP Survey, the Results are in!
United States Court of Appeals – Federal Circuit Update
San Francisco Chapter
Atlanta Chapter
Century City Chapter
DC Chapter
Downtown Los
Angeles Chapter
Brown v. Lockheed Martin Corp.
Psychology of Ethics
2016 Fourth Annual NDA Conference
Board of Directors
National Docketing Association Home Page
About us
Calendar of Events
Membership
Annual Conference
Sponsors
Contact us
Century City Chapter
The Century City NDA chapter held its first meeting on March 11, 2016. The
meeting was good with a small turnout of about 4 docketing professionals
from the Century City area. We started off with plenty of RSVP’s, but ended
up with cancellations at the last minute. We are hopeful the group will grow
with time since we did have lots of enthusiastic members respond to our
initial invitation. Although small, each participant was excited about starting
up the chapter. The main focus of the meeting was a “Meet and Greet” to
introduce ourselves and get to know each other. We also discussed concerns
and ideas for the local chapter, then opened it up for questions. It was
agreed to hold all future meetings on the 1st Friday of every odd month – a
calendaring challenge! If anyone is interested in joining the Century City
Chapter, please contact Leticia Arvizu at [email protected].
DC Chapter The DC chapter of the NDA held its fourth meeting on March 8, 2016. It was
a very successful meeting with the main focus on IP Docketing. A good
portion of the meeting was on the topic of “paperless” or “paper light.” Firms
are trying to reduce the amount of paper for each matter. Share Point is
being used as one tool for reducing paper. IP Docket software was another
topic of conversation. Firms are looking to upgrade what they have or make
a complete change in software. There was a discussion on Inter Partes
Review and which department took the lead in docketing and calendaring for
such procedures. The question was also raised as to method of docket
retrieval from the PTAB. The next meeting will focus on a PTAB overview.
Downtown Los Angeles Chapter The downtown Los Angeles chapter hosted its first meeting in over a decade,
at Foley & Lardner’s offices. This new chapter was founded by Kevin Pray, of
Foley & Lardner, and will function as a sister-group to the Century City
chapter. Eight people attended, from six different law firms. Attendees were
brimming with topics they wanted to discuss, and the meeting could have
gone on for another half hour, easily. The group will aim to keep interest
high, and involvement as simple as possible for the first year, as we grow our
membership. The group is planning to host three additional meetings this
year, one each quarter. If you would like to attend a meeting of the
downtown Los Angeles chapter, please contact Kevin Pray at
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Page | 9
In This Issue President's Message
Editor's Note
Newsletter
Committee
Comics
IP Survey, the Results are in!
United States Court of Appeals – Federal Circuit Update
San Francisco Chapter
Atlanta Chapter
Century City Chapter
DC Chapter
Downtown Los
Angeles Chapter
Brown v. Lockheed Martin Corp.
Psychology of Ethics
2016 Fourth Annual NDA Conference
Board of Directors
National Docketing Association Home Page
About us
Calendar of Events
Membership
Annual Conference
Sponsors
Contact us
Brown v. Lockheed Martin Corp.
Brown v. Lockheed Martin Corp., No. 14-4083, 2016 WL 641392 (2d Cir. Feb.
18, 2016),
In Brown v. Lockheed Martin Corp., the Court had to decide the difficult
question of how Connecticut’s requirement that a foreign corporation register to
conduct business and appoint an agent to receive service of process ultimately
impacted whether Connecticut courts may exercise personal jurisdiction over the
registered corporation. As a threshold matter, the Court noted that each state may
exercise general jurisdiction over its residents so that an out of state plaintiff may
bring suit against a resident for conduct that occurred outside the home state.
The Court further observed that a state may also exercise specific jurisdiction
over non-residents if that state has a particular interest in, or some connection to
the dispute at hand. This specific jurisdiction could attach as a result of a non-
resident’s actions in the state, which ultimately gave rise to a lawsuit. When
looking at the Connecticut statute which required registration and the
appointment of an agent for service of process, the Court noted it was “unclear as
to whether they purport to confer on the state’s court the power to exercise
general jurisdiction over duly registered foreign corporations.” *1 Because of
this ambiguity, the Court observed that through such jurisdiction Connecticut
would have the power to hear any matter involving a corporation registered in
Connecticut, with no concern “where the matter arose and no matter how limited
the state’s interest in the dispute.” Id *1.
Facts Giving Rise to the Litigation
Brown was a resident of Alabama who sued in Connecticut to recover
damages related to her father’s past asbestos exposure in locations outside of
Connecticut. Lockheed’s principal place of business was Maryland, but it leases
space in Connecticut and has employees in Connecticut. In accordance with
Connecticut law, Lockheed registered to do business in Connecticut and
appointed an agent to accept service of process in the state. Brown alleged that
by registering and appointing an agent for service of process, Lockheed
consented to the general jurisdiction of the Connecticut Courts and that due
process limitations have no bearing on the exercise of jurisdiction over
Lockheed. Brown also argued that apart from its registration Lockheed also had
the minimum contacts in Connecticut because it’s actions were “continuous and
systematic” enough to place it “essentially at home” in the state for the Court to
exercise general jurisdiction over it. Lockheed, not surprisingly, thought
otherwise. Lockheed argued that while it registered to do business in
Connecticut, this registration only amounted to consent of the state’s exercise of
specific jurisdiction over it, not to the exercise of general jurisdiction there.
Further, even assuming that its registration and appointment of an agent for
service of process amounted to consent of general jurisdiction, any exercise of
general jurisdiction by the Connecticut courts would violate the Fourteenth
Amendment’s right to due process considering Lockheed’s minimal contacts in
Connecticut and its very substantial activity worldwide.
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Page | 10
In This Issue President's Message
Editor's Note
Newsletter
Committee
Comics
IP Survey, the Results are in!
United States Court of Appeals – Federal Circuit Update
San Francisco Chapter
Atlanta Chapter
Century City Chapter
DC Chapter
Downtown Los
Angeles Chapter
Brown v. Lockheed Martin Corp.
Psychology of Ethics
2016 Fourth Annual NDA Conference
Board of Directors
National Docketing Association Home Page
About us
Calendar of Events
Membership
Annual Conference
Sponsors
Contact us
The District Court dismissed the action against Lockheed after reviewing
and analyzing two different Connecticut Appellate Court decisions. The Court
found that while Connecticut’s registration statute may allow for it to exercise
personal jurisdiction over Lockheed, any such power conferred by the
registration is limited by the federal due process principles consistent with
Daimler and Goodyear1 The District Court further reasoned after an analysis
under both Daimler and Goodyear that it could not exercise general jurisdiction
over Lockheed since its contacts with Connecticut were so limited.
Analysis
The Court undertook an analysis focused on whether Connecticut had
general jurisdiction over Lockheed under Daimler and Goodyear and whether
registering to do business and appointing an agent for service of process under
the Connecticut statute was sufficient to confer general jurisdiction. Brown had
argued that because of its systematic contacts in Connecticut, Lockheed was
essentially at home there and as such subject to the general jurisdiction of its
courts. The Court acknowledged that while such contacts may have “prevailed in
the past, Lockheed’s contacts fail to clear the high bar set by Daimler to a state’s
exercise of general jurisdiction over a foreign corporation.” Brown *5. Under
Daimler, a corporation is at home where it is incorporated or has its principal
place of business and only in “exceptional” circumstances will another state be
able to exercise general jurisdiction in order to decide matters over that
corporation in connection with issues unrelated to its own citizens or to affairs
within its borders. Thus it became Brown’s burden to prove that Lockheed’s
presence in Connecticut was indeed an “exceptional” case. Brown’s arguments
ultimately fell short and the Court found that Lockheed’s presence in Connecticut
was not exceptional at all and as such was not subject to general jurisdictions of
its Courts.
The Court then looked to Lockheed’s registration in Connecticut and
whether such registration was enough by itself to confer general jurisdiction over
it. Lockheed had registered to do business in 1995, with its agent for service of
process being served on October 11, 2012 with this lawsuit. In analyzing the
Connecticut court’s decisions, the court found that the state’s trial courts may
only exercise jurisdiction over a foreign defendant when the defendant’s in-state
activities meet the requirements “both of the state’s long-arm statute and of the
due process clause of the federal constitution.” Brown *9. Ultimately the Court
was unable to find any Connecticut case where an out of state plaintiff sued an
out of state defendant for actions that took place out of the state. In addition, the
Court reviewed Connecticut’s registration statute and found that it does provide
that the registered agent of a foreign corporation “is the agent for service of
process, notice or demand required or permitted by law to be served on the
foreign corporation.” Brown *11. The Court went on to find that this provision
neither expanded or limited the matters on which a foreign registered corporation
may be served, nor did it address the relationship between the service of process
and the state courts’ jurisdiction. And finally it does not define what process is
actually permitted by law. The Court found it entirely “possible
1 Without analyzing these seminal cases fully, both stand for the proposition that general jurisdiction based on minimum contacts now exists only where a defendant is “at home”.
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Page | 11
In This Issue President's Message
Editor's Note
Newsletter
Committee
Comics
IP Survey, the Results are in!
United States Court of Appeals – Federal Circuit Update
San Francisco Chapter
Atlanta Chapter
Century City Chapter
DC Chapter
Downtown Los
Angeles Chapter
Brown v. Lockheed Martin Corp.
Psychology of Ethics
2016 Fourth Annual NDA Conference
Board of Directors
National Docketing Association Home Page
About us
Calendar of Events
Membership
Annual Conference
Sponsors
Contact us
that the Connecticut state legislature envisioned that foreign corporations that
registered to do business in the state would be submitting to jurisdiction over
only matters arising from the corporate transaction of business within the state,
not all matters no matter where arising.” Brown *14.
Conclusion
The Second Circuit found that under Connecticut’s registration statute and
appointment of an agent for service of process, Lockheed did not consent to the
exercise of general jurisdiction over it and that under Daimler and Goodyear,
Lockheed’s contacts were not sufficient to exercise personal jurisdiction. In so
holding, the Court based its decision on the lack of clear legislative intent to
establish general jurisdiction, no definitive interpretation by the Connecticut
Supreme Court of the registration statute and the constitutional concerns
implicated by Daimler and Goodyear.
Peter McGowan
Psychology of Ethics
I recently attended a seminar about the psychology of ethics, presented by
Jean Sternlight, Esq. Ms. Sternlight discussed the psychology behind ethical,
or non-ethical, behavior, based on the way humans think generally, and the
added challenges faced by legal professionals. Some of these thought
processes are as follows:
Ethical Blind Spots
We all tend to see ourselves in a good light. As legal professionals, we tend
to believe that our standards are more stringent than others - we are more
fair, unbiased, competent, etc. It then becomes easier to convince yourself
that an activity is acceptable, because you believe you are a good person,
and wouldn't do the wrong thing.
Forecasting (Predicting) Errors
Studies have shown that humans are not very good at predicting how they
would act in certain situations. When asked how they would behave in a
scenario, people say one thing, but when that scenario is played out, they act
differently than they said they would. This is referred to as the ideal self
(what we would do) vs. the pragmatic self (actual behavior).
Pressures from attorneys, clients, or other staff can influence our actions, as
can money or family issues, despite our predicted behavior.
A Slippery Slope and Boiling Frogs
The story is told that if a frog is placed in a pot of boiling water, it will jump
out immediately. However, if a frog is placed in a pot of water, and the heat
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Page | 12
In This Issue President's Message
Editor's Note
Newsletter
Committee
Comics
IP Survey, the Results are in!
United States Court of Appeals – Federal Circuit Update
San Francisco Chapter
Atlanta Chapter
Century City Chapter
DC Chapter
Downtown Los
Angeles Chapter
Brown v. Lockheed Martin Corp.
Psychology of Ethics
2016 Fourth Annual NDA Conference
Board of Directors
National Docketing Association Home Page
About us
Calendar of Events
Membership
Annual Conference
Sponsors
Contact us
is turned up gradually, by the time the frog realizes the water is too hot, he
is cooked.
Early decisions made in ambiguous circumstances make it difficult to
distinguish future steps as bad behavior. It is hard to label the current step
as unethical if the previous step was not. Once an activity has been repeated,
or progressed to the next level, it becomes a routine, rather than a
deliberate, act, leading to the next issue.
Ethical Fading
Everyone has heard the term "we've always done it that way." Once routines
are established, it is easier to just continue them than to think through why
and how something is done and determine if changes need to be made.
Sometimes euphemisms are used to make things not sound as bad as they
might be. They are effective because they replace the offending word with
something that is similar conceptually. For example, auto executives referred
to the reason for a recent airbag recall as "harsh and rapid deployment"
which doesn't bring to mind the metal fragments that would explode out of it
and potentially injure someone.
Outcome Bias
There is no perceived damage, or we don't physically see the negative
impact. In other words , we may have done something wrong, but since no
one got hurt, it's ok.
Also, almost meeting a goal puts people more at risk to take an action that
will get them there. The example given related to billable hours - an attorney
needs two more hours to bill this month, and knows she is going to do at
least that much work for the client in the next couple days, so adds it onto
this month's billing, saying she will not include it on next month. Until, of
course, she needs two more hours again next month....
Particular Challenges for Legal Professionals
- The nature of ethical rules is that they allow for some gray areas.
- We are agents for others - attorneys and clients - so we are acting
indirectly. For example, the attorney asked me to do that, or we ask
someone else to do something, and they/we are good people, so how
bad could it be?
- We work in an adversarial system, and have a desire to serve/help
our client, and we want to win.
- The exhaustion factor comes into play - stress, hunger, tiredness,
anger, etc.
Correcting Behavior
People don't tend to recognize potential blind spots, and fail to learn from
them, because we tend to reconcile our behavior with our positive self image.
Ms. Sternlight gave the following tips for overcoming this shortcoming:
- Be aware.
- Be critical of your actions.
- Plan ahead - rehearse specific responses to scenarios.
- Recognize, and correct, other people's unethical behavior.
- Encourage learning from mistakes.
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Page | 13
In This Issue President's Message
Editor's Note
Newsletter
Committee
Comics
IP Survey, the Results are in!
United States Court of Appeals – Federal Circuit Update
San Francisco Chapter
Atlanta Chapter
Century City Chapter
DC Chapter
Downtown Los
Angeles Chapter
Brown v. Lockheed Martin Corp.
Psychology of Ethics
2016 Fourth Annual NDA Conference
Board of Directors
National Docketing Association Home Page
About us
Calendar of Events
Membership
Annual Conference
Sponsors
Contact us
- Avoid/Reduce stress.
- Make ethics salient by surrounding yourself with reminders -
something as simple as a coffee mug or a poster in your workspace
can promote subconscious reminders.
We tend to think that bad things are done by bad people, but the reality is
that bad things are frequently done by generally good people, often without
planning ahead, and without malicious intent.
Lisa Cadungug
2016 Fourth Annual NDA Conference Don’t gamble on your docketing education and networking. Our Fourth
Annual National Docketing Association Conference will take place in Las
Vegas from September 25 through 27, 2016. Further details will be provided
next month at our webinar on Thursday April 28th so mark your calendars
now for this webinar. Conference Chair, Michelle Martinez, is in the final
stages of negotiating room rates and lots of good times along with working
with vendors and presenters to bring you our best conference yet.
As you have heard us mention before it does take quite the effort to put this
together. Please contact Michelle at [email protected]
if you would like to volunteer for one of the positions on our Conference
Committee. Look for an email soon with additional information including hotel
and registration info as well as volunteer opportunities. Whatever help you
provide would be greatly appreciated. Thank you!
Michelle Martinez
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Page | 14
Board of Directors President - JoAnn DiSanti
JoAnn DiSanti is the Managing Clerk at White & Case with over 20 years of experience leading the firm's Managing Clerk’s Department. She is responsible for keeping track of the firms litigation in all domestic offices and is a member of the firm’s Pro Bono Committee. She served on the Motion Support Committee of the Supreme Court of New York County, assisted the United States Court of Appeals for the Second Circuit in reorganizing their website, and assisted various courts in beta
testing their e-Filing systems. In 2001, she was the recipient of the Legal Aid Society of New York’s award for Outstanding Pro Bono Representation. She is the author of an article published in the New York Law Journal, "Taming the Court Calendar", October 20, 2008. [email protected]
Executive Vice President and Conference Chair - Michelle Martinez
Michelle is Senior Manager, Firm Docketing Services for Ogletree, Deakins, Nash, Smoak & Stewart in the Greenville, SC location. Prior to joining Ogletree, she worked as a Paralegal, Senior Litigation
Paralegal and Office Administrator for various plaintiff's firm. At Ogletree, she oversaw
the implementation of the docketing system, training users and developing written training materials. She enjoys writing and currently she is co-writing a manual for best practices and procedures for litigation docketing, a Young Adult Novel and has written articles for various magazines. She has previously served on the NDA Board of Directors as the Education Committee Chair and as Certification Committee Chair as well as her current role as President of the CompuLaw National
User Group. She has lectured at a NDA Webinar, multiple CompuLaw User Groups, 2014 Momentum and 2014 SC Upstate Paralegal Association Seminar. [email protected]
Secretary - Igor Olenich
Igor Olenich is the Docket Supervisor at Fulwider Patton LLP with over 15 years of experience supporting attorneys with all aspects of IP docketing. His career, as well as his life, is diverse with a background in human resources, records management, and law enforcement. He served as a police officer for over 5 years at UCLAPD, his alma mater, and traveled and lived in a dozen countries.
Treasurer - Mary J. Beaudrow
Mary J. Beaudrow, CCLS, is a Senior Docket Coordinator at Morrison & Foerster LLP. Ms. Beaudrow has been employed in the legal field for over thirty years, spending much of that time working in the attorney service business. Mary currently serves as President for Legal Secretaries, Incorporated, and she is a past president of California Association of Legal Support Professionals. She is a member
of the National Docketing Association (and its SF Bay Area Chapter) and of Mt. Diablo Legal
Professionals Association. She has lectured at a number of forums including San Francisco Legal Professionals Association, Livermore-Amador Legal Professionals Association, and the Bay Area Legal Forum. [email protected]
NDA Bylaws Committee Chair - Lynn Hood
Lynn Hood is the Firmwide Docketing Supervisor for Davis Wright Tremaine LLP, based in Seattle, Washington. Lynn oversaw the implementation and roll-out of the electronic calendaring system in all of Davis Wright's domestic offices and has built a solid team of docketing professionals. Her career in the legal field spans more than three decades, with most of the last fifteen years devoted
exclusively to litigation docketing, both at DWT and formerly at Heller Ehrman. [email protected]
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Page | 15
NDA Membership Committee Chair - Olivia Bane
Olivia Bane is the Litigation Docketing Administrator at Venable, LLP. In her career she has supported
attorneys and staff, both in IP and litigation docketing. The last 9 years she has solely focused on litigation docketing where she oversaw the firm-wide implementation at Dickstein Shapiro of the centralized calendaring system, CompuLaw, trained users and staff for each office on the system, department services, procedures and best practices. She also wrote a manual that contains all department policies, procedures, best practices and guides for using the front-end and back-end of the CompuLaw calendaring system. In April of 2014 she joined Venable and is now spearheading the creation and implementation of the new centralized litigation docketing department and
calendaring system, eDockets. [email protected]
NDA Education Committee Chair - Elaine Screechfield
Elaine Screechfield is the Firmwide Litigation Docket Manager at Morrison & Foerster LLP. Ms. Screechfield attended the University of California-Davis and the University of San Diego School of Paralegal Studies. Elaine currently serves as the Education Committee Chair for the National
Docketing Association and is the Chair of the SF Bay Area Chapter of the NDA. She has lectured at numerous forums including the San Francisco Bar Association; San Francisco Legal Professionals Association; (former) San Francisco Docket Association; National Docketing Association; 2014 Aderant Conference; Bay Area Legal Forum; and the Legal Secretary College of California, where she also was a member of the Board of Advisors. [email protected]
NDA Certification Committee Co-Chair - JoAnn Buss
JoAnn Buss has been the Director of Docket Services at Sidley Austin LLP for 10 years. She is responsible for the litigation related docketing and court services for all Sidley's domestic offices. JoAnn has over 40 years of legal experience. She was a founding member and former President of the Chicago Area Docket Association.
JoAnn is well versed in electronic court filing; court rules and procedures; and litigation case and
calendar management. She is responsible for overseeing docketing software implementation and
has development experience with Aderant CompuLaw, Bridgeway Law Manager and Law Bulletin DM2000 systems. [email protected]
NDA Technology & Publication Committee Chair - William G. McKay
William G. McKay is the Managing Clerk at Willkie Farr & Gallagher LLP. As Managing Clerk, Mr. McKay is responsible for advising attorneys on court procedures and rules along with maintaining the firm’s Litigation, Bankruptcy and Trust & Estates records. Mr. McKay has served on the following
committees concerning electronic filing:
Rule Committees: New York State Courts, United States District Court-Eastern District of New York.
User Committees: New York State Courts, Second Circuit Court of Appeals, United States District Court – Southern District of New York, United States District Court – Eastern District of New York,
United States Bankruptcy Court – Southern District of New York, United States Bankruptcy Court – Eastern District of New York
Along with serving on committees for electronic filing, he has also provided advice and served on panels with the Association of the Bar of the City of New York and the Administrative Office for U.S.
Courts.
Speaking engagements on electronic filing include the Seventh Circuit Court of Appeals Judicial Conference, United States Bankruptcy Court for the District of Delaware and Bloomberg LP. [email protected]
Copyright © 2016. National Docketing Association. All Rights Reserved. These materials may not be reproduced or disseminated in any form without the express permission of the National Docketing Association.
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