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The Law of NewLaw 2019


Speaker(s): Allison Martin Rhodes, Alyx Pattison, Arthur J. Lachman, Bruce E. H. Johnson, Chas Rampenthal, Christopher A Mixon, Donald E Bradley, Donald Moody, Gabriel Miller, Jocelyn Galloway, Joshua King, Kevin Chern, Lucian T Pera , Mark L. Tuft, Ronald C. Minkoff, Tim Stanley, William D. Henderson
Recorded on: Oct. 30, 2019
PLI Program #: 284854

Ronald C. Minkoff is a partner in the Litigation Group and Head of the Professional Responsibility Group. Mr. Minkoff is one of New York State’s leading practitioners in the field of attorney ethics and professional responsibility, representing attorneys in a wide variety of matters including law firm partnership disputes, attorney discipline cases, legal fee disputes and legal malpractice and professional liability cases on behalf of both plaintiffs and defendants. He also provides ethics opinions and advice to a wide variety of law firm clients.  In addition, he also serves as an expert witness in legal malpractice lawsuits and attorneys’ fees disputes.

Mr. Minkoff is a member of several Bar Ethics Committees, including the Committee on Standards of Attorney Conduct (COSAC) and the Committee on Professional Discipline of the New York State Bar Association. He is also the Chair of the Committee on Professionalism and Professional Discipline of the New York County Lawyers’ Association, a former member of the American Bar Association Standing Committee on Professionalism, and a past President of the Association of Professional Responsibility Lawyers. He has written extensively for the New York Professional Responsibility Report, The Professional Lawyer, The New York Law Journal, and other publications and served as the co-Managing editor of the New York Legal Ethics Reporter. Mr. Minkoff has served as an Adjunct Professor of Professional Responsibility at Columbia University School of Law, Benjamin N. Cardozo School of Law, New York University School of Law, Fordham Law School, and Brooklyn Law School. He is a frequent lecturer on the law of lawyering.

In addition, Mr. Minkoff represents businesses and individual professionals and executives in a wide variety of commercial litigation, including business break-ups, securities lawsuits, and domestic and international trade disputes. He represents several law firm partners and law firms in partnership disputes, lateral transitions and law-firm dissolutions. And he represents an internationally known petrochemist in an oil and gas venture dispute. Mr. Minkoff is on the Executive Committee and Board of Directors of the New York County Lawyers’ Association.

Mr. Minkoff was named Best Lawyers’ 2011 New York Ethics and Professional Responsibility Lawyer of the Year. He has also been recognized by Best Lawyers for many years for his work in Commercial Litigation, Ethics and Professional Responsibility, Legal Malpractice, and Regulatory Enforcement matters. He has been named a New York-area “Super Lawyer” for Professional Liability: Defense Work and Business Litigation by Super Lawyers magazine for nine consecutive years.

Mr. Minkoff is a graduate of Columbia Law School (JD, 1980). He is admitted to practice in New York.


Arthur J. Lachman practices in Seattle, Washington, focusing on legal ethics, professional liability, and law firm risk management issues. A 1989 graduate of the University of Washington School of Law, he clerked on the Ninth Circuit Court of Appeals, has practiced as a commercial litigation attorney, and has taught civil litigation and ethics subjects at both Puget Sound area law schools. Art is currently a member of the ABA Center for Professional Responsibility's National Conference Planning Committee and Treasurer of the Association of Professional Responsibility Lawyers, and served as chair of the Washington State Bar Association's Rules of Professional Conduct Committee from 2008 to 2010. Art formerly co-chaired the Firm Counsel Project, an initiative of the ABA Business Law Section's Professional Responsibility Committee, and served as Chair of the Ethics/Loss Prevention Committee and Director of Professional Development at Graham & Dunn in Seattle. He holds bachelors and graduate degrees in accounting from the University of Illinois at Urbana-Champaign.


Allison Martin Rhodes is a partner in Holland & Knight's Portland and Los Angeles offices, where she focuses her practice in legal ethics and risk management, law firm management and attorney disciplinary defense. Ms. Rhodes advises both law firms and lawyers in matters involving lawyer mobility, partnership and corporate structuring, lawyer dissociation and lateral hiring. In addition, she litigates law firm dissolution, fiduciary duty and lawyer separations.

Ms. Rhodes is a co-author, together with Ron Mallen, of the leading treatise Legal Malpractice. Ms. Rhodes’ contribution to the treatise focuses on legal ethics, risk management, fiduciary duty and conflicts of interests. 

Ms. Rhodes also contributes to Professor Robert Hillman's leading treatise Lawyer Mobility, the Law and Ethics Partner Withdrawals and Law Firm Breakups.

Ms. Rhodes is also an adjunct professor at Lewis & Clark Law School, where she teaches legal ethics with Holland & Knight Partner David Elkanich.

Previously, Ms. Rhodes was a deputy district attorney with the Multnomah County District Attorney's Office, where she was assigned to the Gang Crimes Unit with liaison responsibilities for both the Portland and Gresham police departments.


Alyx Pattison has an extensive background in both law and politics, with over a decade of experience as a litigator. Before joining Burford, she was the Founder and President of a political consulting business with a focus on providing legal advice and compliance for congressional campaigns. Prior to this, Ms. Pattison was a Partner in the litigation departments of AmLaw 100 firms, Akerman LLP and Katten Muchin Rosenman LLP, with a focus on defense of publicly traded companies in securities class actions, M&A litigation and shareholder derivative suits. Ms. Pattison has been actively involved with Women’s Leadership and Diversity Committees.

Ms. Pattison graduated from the University of Utah and holds a Juris Doctor from Northwestern University Pritzker School of Law.


Chas Rampenthal has been LegalZoom’s General Counsel since 2003, managing the Company’s legal functions, including corporate transactions, litigation and regulatory matters, intellectual property, government relations, ethics and compliance. He also serves as the President of Pulse, the company’s Alternative Business Structure in the UK. As an outspoken advocate of transformation in the legal industry, Chas encourages greater legal access through technology and new business models. During his time at LegalZoom, Chas wrote a regular column for Inc. Magazine Online, and co-hosted Legally Bound – a call-in Los Angeles talk radio program. Prior to joining LegalZoom, Chas worked with a wide variety of technology and emerging companies to help them manage transactions such as venture capital financing, mergers, acquisitions and initial public offerings. Chas is a member of the CA and MA bars, and is qualified as a solicitor and President of LegalZoom’s Alternative Business Structure subsidiary in the U.K. Chas earned his bachelor’s degree in economics and math studies summa cum laude from Southern Illinois University and his JD from the University of Southern California. Prior to his legal career, Chas served honorably in the United States Navy as an officer and naval aviator.


Christopher Mixon has been with international labor & employment boutique firm Ogletree, Deakins, Nash, Smoak & Stewart, P.C., since 2003, following his earlier service in a judicial clerkship after graduation from the Emory University School of Law.   Mr. Mixon served as an associate and then as a shareholder in the Firm’s Birmingham, Alabama office, where he was a litigator and advisor representing employers in a broad array of employment-related matters.

As Ogletree Deakins expanded from a regional firm based in the Southeast to one with a national footprint, the Firm’s Board of Directors identified a need to designate a shareholder to serve in a full-time capacity as the Firm’s own in-house counsel.  Mr. Mixon was appointed to that role.  He currently serves as the Firm’s General Counsel, based in its office in Nashville, Tennessee.

As General Counsel to the Firm, Mr. Mixon is its chief legal officer responsible for ethics and professional-responsibility issues, risk-management initiatives, professional-liability matters, corporate structuring, regulatory compliance across the Firm’s six national jurisdictions, managing outside litigation, and related matters.  Mr. Mixon is Chair of the Firm’s Ethics Committee and serves in an ex-officio capacity on the Firm’s Board of Directors.

Mr. Mixon has served as Vice President of the Board of Directors of a non-profit United Way agency that provides reading intervention for elementary school students in high-needs schools.  He also served on the Public Affairs Research Council of Alabama Roundtable, in the Alabama Leadership Initiative, and as Co-Chairman of the Alabama State Bar’s Leadership Forum program.  Mr. Mixon was selected as one of the Birmingham Business Journal’s “Top 40 under 40” in 2010.  He is the proud father of Eleanor (10) and Andrew (7), and husband of Dr. Amanda Mixon, a physician-scientist in the Vanderbilt University Department of Medicine.


Don Moody is a partner in the Nashville office of Waller Lansden Dortch & Davis, LLP where his legal practice focuses on complex mergers, acquisitions, joint ventures primarily within the healthcare industry. Don works extensively with private equity investors, venture capital firms and other healthcare investors in transactional matters involving dental support organizations and dental groups, vision, dermatology, urology, women’s health, GI, urgent care, surgery centers, revenue cycle management, healthcare IT, prison health and surgical assistants. Don is recognized by Chambers USA and Best Lawyers for his experience, and he was named one of “The 32 Most Influential People in Dentistry," by Incisal Edge magazine. Don earned his J.D., summa cum laude, from the University of Alabama School of Law, and he holds an M.B.A. from Vanderbilt University Owen Graduate School of Business. Don received his B.S., magna cum laude, from the University of North Alabama.


Donald Bradley serves as chief legal officer at Wilson Sonsini Goodrich & Rosati. He has been with the firm for more than 25 years and currently serves on the board of directors and Policy Committee.

As chief legal officer, Don is responsible for advising the firm concerning ethical and other legal aspects of its practice and other related matters, including the functions of the WSGR Foundation and the activities of the WS Investment Company. In addition, he serves as the chairman and chief executive officer of Attorneys Insurance Mutual Risk Retention Group, a mutual insurance company through which his firm and approximately 20 other medium to large law firms in California secure professional liability insurance.

Earlier in his career, Don was the chair of the firm's tax practice and specialized in the tax aspects of mergers and acquisitions, corporate finance, investment funds, and related matters. Before joining the firm in 1984, Don was a partner at Pillsbury, Madison & Sutro in San Francisco.


Gabriel Miller has over 30 years of experience as a General Counsel and business leader helping companies grow.  Especially those that want to disrupt the legal industry.  He has worked in industries ranging from legal and financial services to media and marketing, for companies ranging from start-ups to Fortune 50 subsidiaries. Gabe is currently the General Counsel of Bond Sanchez-Gordon LLP and Founder of NTA Legal Ventures.  Bond Sanchez-Gordon is a multi-state personal injury law firm, based in California, but with operations in Washington, Illinois, Texas, Massachusetts, Connecticut and Wisconsin and plans to continue its growth throughout the rest of the country.  Gabe is also the Founder of NTA Legal Ventures, a consulting and investment firm focused on legal marketing, technology and operations.  Prior to joining BSG, Gabe was the founder, CEO & General Counsel of Advocates United.  At one time, the largest firm of high-quality trial lawyers in the country, with over 400 attorneys and 100 offices located across 39 states, built under a unique “firm of firms” business model.   Prior to Advocates United, Gabe was the General Counsel for Sokolove Law and d50 Media, where he served as their first General Counsel, and helped develop Sokolove into a national law firm with offices across the U.S. He also helped build D50 Media, originally spun off from Sokolove Law, into a leading acquisition-marketing agency specializing in integrated online and offline advertising campaigns. Prior to Sokolove Law and d50 Media Gabe was the first General Counsel for Captivate Network, a media company that grew to reach over 2 million viewers each day, until its successful sale to Gannett. Prior to that, he was the General Counsel for Fleet Real Estate Capital, a multi-billion-dollar commercial loan originator and servicer and Senior Vice President and Senior Counsel at Fleet Bank, responsible for real estate issues involving several thousand domestic and international facilities. Gabe started his career as a commercial litigator.

Gabe has for many years served as Advisory Board member for the Legal Sales and Service Organization, been a frequent speaker on the industry conference circuit and has trained thousands of lawyers and business development specialists in legal marketing, sales, and service. He is a member of the Association of Professional Responsibility Lawyers and is considered one of the leading practitioners in the areas of national law firm structuring, ethics and advertising. Gabe was also a contributing author to Successful Partnering Between Inside and Outside Counsel published by Thomson West.

Gabe has a JD from the University of Connecticut School of Law and a BS from the University of Connecticut Honors Scholars Program.


Jocelyn Galloway is Vice President of Compliance at UpRight Law, a legal process innovator and the nation’s largest consumer bankruptcy law firm. She develops and manages compliance programs for all facets of the organization, including marketing, client intake, product delivery, trust accounting, and e-discovery. Her operational management experience has not only led to significant efficiency gains, but has also contributed to increased compliance for the firm in a highly regulated environment and development of pioneering software to support client needs.

In addition to her work for the firm, Jocelyn is extensively involved in volunteerism supporting financial education for children and those in need of legal assistance. During her time at UpRight Law, she initiated the firm’s involvement in numerous pro bono and volunteer activities, including the Legal Assistance Foundation Bankruptcy Help Desk, Credit Abuse Resistance Education (CARE), and Illinois Legal Aid Online, which have resulted in the contribution of over 500 hours of attorney time to date.

Jocelyn obtained her J.D. from Case Western Reserve University School of Law in Cleveland, Ohio, where she served as Student Bar Association President and received the School of Law Leadership Award. She obtained her B.S. in Molecular Biology and B.A. in Economics from the University of California, San Diego.


Josh King is General Counsel for RealSelf, the web's leading resource for consumers researching aesthetic procedures and the doctors who perform them. Prior to joining RealSelf, Josh served as Chief Legal Officer at Avvo, helping the company grow from tiny startup to legal industry leader. Before Avvo he spent over a decade in the wireless industry, in a mix of legal and non-legal roles including Vice President, Corporate Development at AT&T Wireless and General Counsel at Cellular One of San Francisco. Josh regularly speaks and writes on issues relating to digital media, communications, and professional ethics. He is a graduate of the University of California Hastings College of the Law and the University of Oregon.


Kevin Chern founded Sanguine Strategic Advisors after 25 years of building businesses while navigating some of the most complex paths to success, to lend his insight and experience to other serial entrepreneurs, small business owners and folks in need of a roll-up-your-sleeves innovator, deal maker and doer.   Among his many pursuits:

Kevin is the founder and former Managing Partner of UpRight Law, the largest consumer bankruptcy law firm in the U.S., based in Chicago, built from the ground up starting in 2014.  He founded and led UpRight in its mission to improve people's lives by providing the highest quality services, most effective legal strategies and world class customer service. He leveraged systems, technology, operations and the intense subject matter expertise of local bankruptcy practitioners to build America's premier virtual consumer law firm, allowing consumers to interact with their lawyer online.  The firm successfully represented over 30,000 clients during his tenure as Managing Partner.

Previously, Kevin is a co-founder and former President of Total Attorneys, the pioneer of lead generation in the legal industry.  In his capacity as President, he was a marketing, technology, business development and law firm management consultant to 1100+ law firms nationwide and successfully fought regulatory battles across the country to legitimize lead generation in the legal industry.  

Kevin has architected five comprehensive law office CRMs and dozens of legal websites, is an expert in law practice development, having created practices in bankruptcy, consumer protection litigation, bankruptcy litigation, class action litigation, lemon law, personal injury, workers compensation and DUI.

He is a leader in the digital marketing space and is a consummate deal maker.  He was named an inaugural member of the Fastcase 50, as one of the country's smartest, most courageous innovators, techies, visionaries, & leaders in the legal space.  Kevin is also an inductee in The Chicago Area Entrepreneurship Hall of Fame and his companies have twice been on the Inc. 500 list of fastest growing private companies in America.

Kevin has built numerous other businesses over the last 25 years and is passionate about entrepreneurship and mentoring other lawyers and business professionals.


Lucian T. Pera focuses his practice on commercial litigation, media law, and legal ethics work.  His civil litigation practice has ranged widely and includes a variety of commercial, personal injury and intellectual property litigation, as well as numerous state and federal appeals. Lucian has represented many media outlets in matters ranging from claims for defamation or invasion of privacy to access to courtrooms, public records and meetings of government bodies.

His extensive bar association work in the field of legal ethics and professional responsibility has resulted in him being elected, both locally in Tennessee and nationally, to bar association leadership positions.  This work also makes him a go-to lawyer nationally in the field of legal ethics and professional responsibility.  He advises attorneys, law firms, their clients, and businesses who deal with lawyers about all aspects of the law. Recent assignments have included defense of lawyers in disciplinary investigations and proceedings, counseling clients with disciplinary complaints and other claims against lawyers, advising law firms about loss prevention and claims, defending and prosecuting motions to disqualify lawyers or for sanctions, and advising innovative start-ups in the legal business.

Lucian regularly provides expert witness testimony in matters concerning legal ethics, professional responsibility and the standard of care for lawyers and law firms.

Amid rapid changes in the business of law, Lucian also counsels law firms and other entities developing new business models for the delivery of legal services.  He also advises individuals and organizations seeking to do business with lawyers about how they may do so legally and ethically.


Mark L. Tuft is a partner with Cooper, White & Cooper LLP; principally engaged in professional liability, media       law, civil and criminal litigation in federal and state courts.  State-wide practice as counsel to lawyers and law firms on professional responsibility, professional liability, law firm mergers and dissolutions and lawyer discipline.  Arbitrator, special master and mediator on lawyer-client and law firm disputes.

LEGAL EDUCATION

            LL.M., George Washington University, June 1972. Graduated with highest honors.

            J.D., Hastings College of the Law, June 1968.  Order of the Coif, Thurston Law Society, Hastings Law Journal.

PROFESSIONAL ASSOCIATIONS AND AWARDS

            ·          Certified Specialist in Legal Malpractice Law

·          Member, American Bar Association, Center for Professional Responsibility,  Editorial Board

            ·          President, Association of Professional Responsibility Lawyers

                                    (2012 - 2013)

·          Chair, State Bar Committee on Professional Responsibility and Conduct (1995 - 1996)

            ·          Member, State Bar of California Commission for the Revision of the Rules of                                            Professional Conduct (2001 – Present)

            ·          Member, Board of Directors, Bar Association of San Francisco

                        (1994 - 1997)

            ·          Chair, Bar Association of San Francisco Legal Ethics Committee

                        (1990 – 1992)

            ·          Bar Association of San Francisco Certificate of Merit Award

            ·          Spirit of the CEB Award

PUBLICATIONS AND TEACHING

            ·          Co-Author, California Practice Guide on Professional Responsibility 

                        (The Rutter Group, a division of Thomson Reuters)

            ·          Adjunct Professor, University of San Francisco School of Law (1997-2011)


Professor William Henderson is on the faculty at Indiana University Maurer School of Law, where he holds the Stephen F. Burns Chair on the Legal Profession. His research focuses primarily on the empirical analysis of the legal profession and has appeared in leading legal journals, including the Stanford Law Review, the Michigan Law Review, and the Texas Law Review.  Professor Henderson regularly publishes articles in The American Lawyer, The ABA Journal, and The National Law Journal.  His observations on the legal market are also frequently quoted in the mainstream press, including the New York Times, Wall Street Journal, Los Angeles Times, Atlantic Monthly, The Economist, and National Public Radio.

Based on his research and public speaking, Professor Henderson was included on the National Law Journal’s list of The 100 Most Influential Lawyers in America (complied every ten years).  In 2015 and 2016, he was named the Most Influential Person in Legal Education by The National Jurist magazine.

In addition to his research and teaching, Professor Henderson has participated in several legal innovation initiatives:

  • 2018 to present: Co-founder of the Institute for the Future of Law Practice (IFLP, “i-flip”), a nonprofit that designs and delivers curricula and training for T-shaped legal professions (i.e., law combined with data, process, technology, design principles, and business).
  • 2017 to present: Founder and editor of Legal Evolution, an online applied research publication focused on successful legal industry innovation.
  • 2010-2016: Co-founder of Lawyer Metrics, an applied research company that helps lawyers and law firms use data to make better operational and strategic decisions. Lawyer Metrics (now LawyerMetrix) was acquired by AccessLex Institute in 2015.

 


Bruce Johnson, a veteran litigator, represents information industry clients on issues involving media and communications law as well as technology and intellectual property matters. His expertise includes advising on First Amendment law issues, particularly involving commercial speech, commercial transactions and consumer rights. The author of Washington’s Reporter’s Shield Law enacted in 2007, the Washington Act Limiting Strategic Lawsuits Against Public Participation ("Washington Anti-SLAPP Law") enacted in 2010, and Washington’s Uniform Correction or Clarification of Defamation Act enacted in 2013, Bruce represents clients in Internet related litigation and liabilities. He also represents national clients in privacy and security matters, advertising liability risks, defamation and Internet and online liability cases. He is the co-author of "Advertising and Commercial Speech, A First Amendment Guide" (2nd Edition), published by the Practising Law Institute, New York. In addition, Bruce regularly represents lawyers, law firms, and other parties in connection with legal malpractice claims, has spoken on the topic of lawyer liability and professional responsibility on many occasions, and currently serves as the co-chair of the firm’s Quality Assurance Committee.


Tim Stanley
Chief Executive Officer

Tim is a computer programmer, lawyer and CEO of Justia. Prior to starting Justia, he co-founded FindLaw and served as FindLaw's CEO and Chairman. He is on the Board of Directors of Nolo and American Legal Net, and is on the Board of Trustees of Public.Resource.org. He is a member of the State Bar of California and was previously on the Executive Committee of the State Bar's Law Practice Management and Technology Section. He is also a member of the American Association for Justice, American Bar Association, American Civil Liberties Union, Computer Professionals for Social Responsibility and the Electronic Frontier Foundation. Tim has a BS & MS from Stanford University and a JD from the University of Michigan Law School