On July 11, 2017, BANG continued its community outreach program by serving lunch to veterans at the New England Center and Home for Veterans, a shelter and services provider that serves over 350 veterans each day in the community. Each year, NECHV serves over 100,000 resident meals. Elizabeth McEvoy, a BANG member and a Community Outreach Coordinator, marshalled a group of six volunteers to serve sandwiches, chips, hot chicken soup, and juice behind the line from 11:30am to 12:45pm. In attendance were Jessica Conklin, Elizabeth McEvoy, Patrick Cento, Payal Salsburg, Jacob Goodelman, and Joe Duquette. This was a great way to support NECHV's kitchen staff and directly interact with veteran residents and veterans accessing services through the center's many programs.
BANG member Alexis P. Theriault will be the co-chair of the Boston Bar Foundation’s 8th annual Casino Night fundraising steering committee. Casino Night, which supports the M. Ellen Carpenter Fund and the Boston Bar Association’s Summer Jobs Program, will take place on Thursday, April 20, 2017 from 6 p.m. to 9 p.m. at 16 Beacon Street.
Casino Night is one of the BBF’s most popular events. Over 200 lawyers and law students fill the BBA, which is turned into a two-story Casino, complete with a roulette wheel and craps, blackjack, and poker tables. Last year, sponsors and attendees raised over $45,000, allowing the BBA to place 58 Boston students in law firms throughout the city and the BBF to fund non-profit and government jobs for an additional 10 students. This year’s goal is to raise over $50,000.
On February 16, BANG and the Asian American Lawyers Association of Massachusetts (AALAM) rang in the Chinese New Year with a dim sum lunch at Hei La Moon. Over morsels of delicious Chinese food, members of BANG and AALAM had the opportunity to meet one another, get to know each other's practices, and learn more about what each organization does.
This year is the year of the Rooster, which symbolizes progress, honor, and integrity! Which is more than we could say for many of our afternoons, which were (presumably) significantly slowed down by the digestion of high-glucose tapas. Check out our gallery pics here.
This event was generously sponsored by Beck Reed Riden LLP, Laredo & Smith LLP, and AALAM.
On February 2, 2017, BANG co-hosted the first annual “Alphabet Soup” mixer, a networking event designed to bring together young attorneys already active in local bar associations. The event took place at Scholars, at 25 School Street, from 6-8pm, and was very well-attended. Attendees had the opportunity to learn about each other's work, their respective associations, and make valuable professional connections. The following bars were represented: AALAM, BANG, BBA, MAHA, MBA, MBLA, MA LGBTQ Bar, and SABA GB!
Asian American Lawyers Association
Boston Associates' Networking Group
Boston Bar Association
Massachusetts Association of Hispanic Attorneys
Massachusetts Bar Association
Massachusetts Black Lawyers Association
Massachusetts LGBTQ Bar Association
South Asian Bar Association - Greater Boston
Elizabeth McEvoy, who is a member of BANG and also chairs the Social Committee of the New Lawyers Section of the BBA, coordinated the event alongside Greg Bombard. Inspired by the success of the ABC Mixer, BANG will seek to coordinate with Boston's various bar associations throughout the year to put on social and substantive programming.
BANG has appointed Lesley Chuang, Patrick Cento, and Avana Anderson to be its first New Member Outreach Coordinators. New Member Outreach Coordinators are the ambassadors of BANG to applicants and help to onboard new members. Because in-person networking is a core focus at BANG, it is important to bring new members into the fold as the organization continues to grow. Thank you and congratulations to Lesley, Patrick, and Avana!
With an eye towards increasing its community involvement in 2017, BANG has appointed Lauren Graber (Collora LLP) and Elizabeth McEvoy (Donoghue Barrett & Singal, PC) to serve as its first Community Outreach Coordinators. Together, Elizabeth and Lauren will work with BANG Co-Founders Hannah Joseph (Beck Reed Riden LLP) and Jessica Conklin (Laredo & Smith) to design and implement BANG's philanthropic programming for the next year.
Elizabeth and Lauren were chosen in part because they are both very active in the Boston legal community - Elizabeth and Lauren are both active members of the Boston Bar Association and the Women's Bar Association. Additionally, Elizabeth has sat on several planning committees and Lauren is a justice leader with Discovering Justice.
With the appointment of its first Community Outreach Coordinators, BANG will be looking for ways in which its members can support their communities, both legal and nonlegal, local and worldwide. Stay tuned in!
On December 16, 2016, BANG celebrated its first year in operation with a festive holiday party. The event, which prominently featured pizza and beer pong, was held at Hollister Institute and was sponsored by banava and Major, Lindsey & Africa.
Indeed, BANG had a lot to celebrate. In its first year, BANG has successfully:
Expanded its membership from 8 to 50+ attorneys, representing 35+ firms, companies, and governmental entities;
Organized 12 months of programming including roundtable discussions, trainings, and social events;
Visited 9 Boston law firms;
Saw 1/3 of its membership become Super Lawyers' "Rising Stars"
Facilitated successful client referrals;
Supported its members in their professionals, personal, and philanthropic endeavors; and
Attended one Red Sox game!
And BANG could not have done it without its core membership. BANG members have helped to put BANG on the map and, in turn, BANG is committed to helping its members to continue to grow personally and professionally. Looking forward to year two, BANG has some exciting plans on the horizon, including:
Increased community involvement;
More social events, especially with other organizations;
Continued in-person networking.
A word from our holiday party sponsors:
Major, Lindsey & Africa: Founded in 1982, Major, Lindsey & Africa is the world’s largest and most experienced legal search firm. Combining local market knowledge and a global recruiting network, MLA has earned recognition for its track record of successful General Counsel, Corporate Counsel, Partner, Associate and Law Firm Management placements. If you are interested in learning more about recruiting, feel free to reach out to Andrew Glynn at email@example.com or 617-603-3539. https://www.mlaglobal.com/consultants/andrew-glynn
Hollister Institute: The Hollister Institute provides leadership trainings in Corporate America, with a foothold in the accounting industry. Their programs provide a unique mix of practical, theoretical, and experiential exercises to help individuals and teams make more confident decisions, experience clearer focus, and communicate more effectively. Excellence Unbound, the Institute's hallmark program, is a two-day leadership initiative designed to maximize personal and professional potential.
Banava Consulting: Banava operates at the intersection of management consulting and coaching in working with professional services firms to determine their marketing, business development, and internal training needs, and then creating and implementing strategies to fuel sustainable growth. Anusia Gillespie, Founder and Principal at Banava, also provides business development and transition services for individual professionals, and conducts seminars and speaks on topics related to promoting the success of women attorneys, business development and branding, effective communication, and incentivizing millennials in the multigenerational firm. Web: www.banavaco.com.
On January 26, 2017, the IP Law Section of the Boston Bar Association held its 17th Annual Intellectual Property Year in Review, one of the intellectual property community's largest annual events. This year, which saw sweeping developments in IP law including the passage of the DTSA, Lee v. Tam, and SCOTUS's design patent damages decision in Samsung v. Apple, the event was appropriately themed "The Changing IP Landscape." Speakers discussed changes in the areas of copyrights (Howard Zaharoff of Morse, Barnes-Brown & Pendleton and Lucy Lovrien), trademarks (Julia Huston of Foley Hoag), patents (Michael Strapp of DLA Piper) and trade secrets (Russell Beck of Beck Reed Riden LLP), and there was a light reception afterwards.
The event was coordinated by BANG Co-Founder Hannah T. Joseph of Beck Reed Riden LLP (Co-Chair of the IP Law Committee), Julia Mathis of Hologic, Inc. (Co-Chair of the IP Law Committee), Michael McGurk of DLA Piper (Co-Chair of the IP Law Section), and Erica Han (Co-Chair of the IP Law Section). More than 110 people attended IP Year in Review, which was held at the Mariott Long Wharf.
BANG member Christine M. Lee will be a co-moderator of the Third Annual Consumer Advocacy Symposium and Pinnacle Awards on Tuesday, December 6, 2016, from 4:30 to 7pm, at the MBA.
Christine and the MBA have a stellar panel ready to tackle a timely topic that is important to many people – the Future of Mandatory Arbitration Clauses. The speakers will address the arguments for and against contractual pre-suit arbitration and the current state of MA law on enforcement or challenges to these provisions.
This will be followed by the presentation of the 2016 Pinnacle Awards, which acknowledge two local companies - Anton's Cleaners and Polka Dog Bakery - for their pro-consumer actions. Networking reception to follow.
The event is free, but pre-registration is required at www.MassBar.org/Consumer2016. We hope to see some of you there!
Boston, MA - On November 7, 2016, BANG Member Avana Anderson hosted Domestic Violence Awareness Charity Ride with Tempo Cycling, a charity event designed to raise awareness regarding the impact that domestic violence has on homelessness and to raise funds for Pine Street Inn. Guests received organic juices from Suja, free tea vouchers from David's Tea, and entered into a raffle to win a juice/smoothie cleanse from Cocobeet. The event was a great success and raised over $400.00 for Pine Street Inn.
BANG Member Lauren Corbett of Beck Reed Riden LLP has organized a panel at the BBA through the New Lawyers Section's Practical Skills Committee entitled "Ahead of the Curve: Resources and Techniques for Keeping up with Developments in the Law." The event will take place at 12:30pm on Tuesday, December 6, 2016.
As an associate, changes and developments in the law may add to an already steep learning curve. Arming yourself with the right tools and resources and learning best practices to stay on top of changes can help position you for success.
At the panel, three experienced lawyers with diverse practices will discuss the types of developments they look for in their area of the law, the resources they use to keep abreast of and understand those changes, and the steps they take once they know a development will impact their practice or their clients.
Register for the panel here.
This Fall, Anusia Gillespie, BANG Member and Principal at Banava Consulting, will be leading a series of seminars and workshops focusing on effective communication, navigating the multi-generational law firm, and personal branding. This series will supplement Banava's core offering, an intensive six-month program for attorneys seeking to bolster their presence and effectively engage their target audiences (e.g., potential employers, potential clients).
On the November agenda:
- November 15, Anusia will be interviewed by Radio Entrepreneurs' Legal Section.
- November 16, Anusia will speak at the Massachusetts Legal Recruiting Association (MALRA), providing insight on engaging junior associates, incentivizing attorneys to stay at firms longer, and tackling the growing culture clash between Boomers and Millennials.
- November 17, Anusia will hold her next Attorney Branding Workshop with the Women's Bar Association (WBA).
- Anusia has also been engaged to speak for AT&T, The Boston Globe, and the faculty at MIT on such topics as branding, mindfulness, and effective communication.
In addition to its six-month attorney branding program, Banava is in the midst of launching several new initiatives and collaborations. A strong advocate for women, Anusia has already begun to brainstorm with Boston law firms on how to increase their retention rate of female attorneys and, more generally, help associates to derive deeper satisfaction from their work. Based on her conversations with both law firm management and associates, Anusia will be identifying and reporting key issues related to career growth and best practices for supporting rising attorneys. With permission, such information will be synthesized and published in Banava's weekly newsletter, which has already been described as "Cosmo for lawyers."
BANG congratulates its members who were selected as Super Lawyers' Rising Stars of 2016:
Congratulations for all of your hard work and recognition!
On September 14, 2016 banava partnered with the WBA and the Hollister Institute to host a workshop on Rising Attorney Branding, presented by Ansusia Gillepsie, founder of banava.
During the workshop, Ansuia explained how networking and branding is a process that goes beyond simply “showing up.” She also guided members through interactive exercises to demonstrate the difference between stale networking conversations and impactful, thought-out approaches to marketing oneself as a rising attorney. Attendees, which included several BANG members, left the workshop with practical tips for developing their personal brands. In fact, a short survey revealed that 100 percent of respondents would recommend the workshop to a colleague or friend.
Did you miss the event? No worries. The next Rising Attorney Branding Workshop is set for October 19, from 6-7:30 pm at the Hollister Institute (75 State Street, 9th Floor, Boston). Registration will open through the WBA next week.
On September 14, BANG hit up Fenway Park to catch a Red Sox game. The social event gave associate attorneys from small- and medium-sized law firms, as well as in-house departments at both public and private entities, the chance to network in a relaxed, fun setting.
The game, as well as pre-game drinks at Eastern Standard, was hosted by Jon Pollack & Associates, a second generation family owned process serving company serving all of Massachusetts, Rhode Island, and New Hampshire. For more information about Jon Pollack & Associates, please visit their website at www.pollackserve.com.
By Emmanuel Filandrianos and Robert Asher
Inter partes review (“IPR”) has become the forum of choice for challenging the validity of a patent. Introduced in 2012 as part of the America Invents Act, it is a relatively new proceeding in the U.S. Patent and Trademark Office conducted by a panel of judges from the Patent Trial and Appeal Board (the “Board”). IPRs begin with a petitioner requesting that the IPR be instituted. Within three months of the request, the patent owner may choose to file a preliminary response arguing that the IPR should not be instituted.
If the Board is persuaded that the petitioner has not demonstrated a reasonable likelihood that it will prevail in its challenge of at least one claim, the IPR will be denied. Conversely, the Board may institute the IPR if it determines that the petitioner has a reasonable likelihood of invalidating at least one claim. If the IPR is instituted, the patent owner must respond with a “patent owner response” within three months of the institution date. The petitioner then gets a chance to file a “reply to the patent owner response.” The parties may also have an opportunity for oral argument thereafter. The entire procedure will be concluded with a final written decision from the Board within one year of the institution of the IPR.
Before May 2, 2016, the Board’s regulations provided an unfair advantage to petitioners at the pre-institution stage. Specifically, petitioners could have an expert in the field provide expert testimony in support of the petition, whereas patent owners were not allowed to use their own expert to support arguments made in the preliminary response. This oddity in the law allowed petitioners to rely on an expert to advance their claim-construction theory, while patent owners could only rely on attorney argument. The rules have since changed to allow patent owners as well to submit expert testimony in the preliminary response.
Even with this change, patent owners remain at a disadvantage in the pre-institution phase because of time constraints. Petitioners usually have months, even up to a year, after being sued for infringement to file their petition. Patent owners, by contrast, have only three months to provide their preliminary response. While petitioners have ample time to find an expert and put together the petition, patent owners have to find a suitable expert and prepare the preliminary response in a matter of months.
In view of recent case law developments, the preliminary response and supporting expert declaration may be more important than ever. In SAS Institute, Inc. v. ComplementSoft, LLC, the Federal Circuit decided a procedural issue and in doing so may have unwittingly placed a large burden on patent owners during the pre-institution phase of an IPR.
After SAS filed a petition, the Board instituted the IPR and adopted a claim construction for a term used in the patent. The IPR proceeded all the way through oral argument using the first claim construction. However, when the Board issued its final written decision, it adopted a new and different claim construction presented by neither of the parties.
SAS appealed the decision and asked the Federal Circuit to remand the case so that SAS could present evidence of unpatentability under the new claim construction. The court obliged, throwing out the part of the Board’s decision relating to the claim construction and sending the case back so the parties could address the Board’s new construction of the claim term.
As a result of SAS Institute, the Board must now provide parties with an opportunity to present argument whenever it adopts a new claim construction. The Board is required by law to reach a final written decision in IPRs within one year of the date of institution. Given this strict time constraint, SAS Institute, with its potential for requiring more steps in the proceeding, may disincline the Board to adopt a new claim construction late in the proceeding. Accordingly, the construction that is adopted at the time of institution is now more likely to remain in effect in the final written decision.
As a result, the claim construction case urged by patent owners in the preliminary response may be of critical importance. Patent owners no longer have the excuse that they were unable to present expert testimony and are cautioned to ensure that the claim construction proposed in their preliminary response is complete and well considered. More than ever, patent owners must act quickly to find a reliable expert and assemble an effective claim construction argument within the three-month deadline.
On May 12, BANG Member and banava founder Anusia Gillespie hosted Vino & Vinyasa, a networking event designed to bring together attorneys and in-house human resources professionals in a relaxed and friendly setting. The event, which was attended by 50+ professionals, was wildly successful. Guests were welcomed by a light snack reception, led through a 45 minute vinyasa flow on the sunny sky deck at 100 High Street (Anusia is also a certified yoga instructor), and then treated to a healthy dinner spread and hand-selected wines.
Vino & Vinyasa was sponsored by Fragomen Worldwide, a leading immigration firm. banava is a consulting firm that specializes in transitioning attorneys to non-legal business roles. To see more photos from Vino & Vinyasa, and to read testimonials provided by attendees, click here.
Notes and commentary by Hannah T. Joseph
At this month's BANG luncheon, held on May 17, Hirsch Roberts Weinstein LLP (HRW) founding partner Max Perlman shared best practices for self branding and business development. Max, a well-known business litigator and employment lawyer specializing in noncompete and trade secret law, "grew up" at a small firm, where he had both opportunity and incentive to build business early in his career. He also attributes much of his early success to impatience (I'll explain).
I found Max's advice to be extremely helpful and thought I'd share my notes. Here they are*:
A note on networking
Network strategically. First, identify your ideal clients. Next, locate their centers of influence. It may be impractical to connect with every potential client in your city. Accordingly, ask yourself who has influence over your potential clients. (Whom do they go to for advice?) Think capital investors, corporate attorneys (for litigators), trade groups. If you build relationships with potential referral sources, you are gaining access to several potential clients at a time.
On networking with other attorneys - use your network to become a fixer. Most of us specialize in an area or cluster of areas. Use your network to build an entire law firm of contacts so that when your client, potential client, referral source, or potential referral source needs help falling outside of your practice area, you can connect them with the right person. Reaching outside of your firm will be essential for small- and medium-sized firm attorneys.
Make a plan, use the plan
Make a business plan. Use the business plan. Update the business plan often. (Members, feel free to refer to our individual business plan template.) Here is what yours should include:
- Organizations - List the organizations you should join and become active in. Examples include bar associations, trade associations, affinity groups. Get out in front of your audience, not just your competitors (although peers are great referral sources too).
- Contacts - Keep a list of 100 (or so) contacts with whom you want to connect with on a weekly, monthly, and/or yearly basis. Keep track of your interactions.
- Publishing - Blog. Write articles. Consider trade publications. You can write a simple area overview for a trade journal (e.g., trade secrets overview for a startups magazine) that establishes your name as the authority on a subject within an industry. Then publicize the heck out of it.
- Awards - Get some and publicize. Super Lawyers, Massachusetts Lawyers Weekly, ProVisors, AVVO (if your practice is highly public-facing). (Editor's note: The key to getting recognized is by elevating your name within the legal community and becoming associated with a practice area by, e.g., following steps 1 through 3. Also, make sure your profile information on the various websites is accurate.)
- Track your success - Whenever you succeed by, e.g., bringing in a new client, trace the success back to your efforts. Figure out what you've done that works and keep doing it. Redirect energy away from things that don't work. For newer attorneys, this may take time (one client does not a sample size make), so be patient. Always invest time and energy in groups that will grow with you - your peers will one day become your clients and/or referral sources (hello, BANG!).
- Refer business out, and track it - This will enlarge your presence as a mover and/or shaker who directs commerce. (Editor's note: Also, this is a good way to get swag/chocolate around the holidays.)
Be a (well-dressed) people person
Identify a partner within your firm. Make him/her your mentor in such a way that he/she is invested in your success. You can't always bat for yourself, so make it known that you are interested in building a book of business for the firm early on. This will make the "ask" easier down the road (for association dues, tickets to large events, etc.).
As noted in 6, above, refer business out to your network of attorneys.
Wear a suit every day, if you can. Look like you are ready to attend a meeting or go into court on a moment's notice.
Always, always, always say thank you.
When it comes to business development, be impatient
Don't wait. Do it now. (Editor's note: Think of long-term goals and break them into short-term action items. Our business plan template is great for this.)
* Helpful advice provided by Max Perlman; sass and editorial provided by a certain BANG co-founder who just returned from Nicaragua on vacation and is still easing into the workweek.
Hannah T. Joseph, Co-Founder of BANG, has been selected to join the Boston Bar Association's (BBA) Public Interest Leadership Program (PILP) class of 2016-2017. Hannah was chosen based on her demonstrated dedication to public service and history of organizing bar action. She now joins 16 of her professional peers, representing a variety of practice areas, to engage in the 14-month intensive program.
Now in its 13th year, PILP engages selected attorneys to advance their roles in public service and leadership in the legal community. During the 14-month program, PILP members will have the opportunity to, among other things, connect with leaders at meetings and events, and to work together to grow a philanthropic program from inception to fruition. The 2016-2017 class members join 153 notable PILP alumni in their mission to provide leadership and service.
Hannah is a third-year associate at Beck Reed Riden LLP, specializing in complex business litigation, trade secret and noncompete matters, and employment law. She currently serves as the BBA's Intellectual Property Committee Co-Chair. Prior to that, she served as a liaison between the BBA's Intellectual Property Law Section and the New Lawyers Section. In addition to her work with the BBA, Hannah is a member of the Massachusetts Bar Association and the Asian American Lawyers Association of Massachusetts. She is also a proud Big Sister with the Big Sister Association of Greater Boston.