Document Sample
CC AMERICA Powered By Docstoc
					Inside          4Q2010
2...Protecting Against and Reacting To Cybersquatting
4...The Bounty Boondoggle: Dealing A Devastating Blow
    To Corporate Compliance
6...2011 New Board of Director Members & Leadership
8...Previous Events
                                                                                    CCCorporate Counsel
                                                                             Association of
10...New Member Spotlights
10...Welcome New Members!                                                    Mountain West Chapter

11...Upcoming ACC Mountain West Events

President’s Message
Nathan Nelson
Dear in-house counsel in the mountain          the obligation of achiev-                                          tions. However, we have
west,                                          ing the above objectives.                                          traditionally found that
                                               To that end, the board has                                         most of the Chapter’s
We are happy to provide you with the           regular meetings and adopts                                        work is being performed
Mountain West Chapter’s fourth quar-           resolutions to be carried out                                      solely by our paid
ter newsletter. In this newsletter, you        by officers and subcommit-                                         administrator.
will have the opportunity to learn about       tees. The officer positions
upcoming events, read member spot-             in our nonprofit include a                                          So, this message is a call
lights, become informed about chapter          president, vice president,                                          out for new volunteers or
happenings and find out ways you can be        secretary, and treasurer.                                           enhanced volunteerism.
more involved in our local chapter of the      These positions constitute                                          My hope is that everyone
Association of Corporate Counsel. It is        the first of the operational committees          reading this message will see that many
on that last point that I want to focus this   of the board: the Executive Committee.           people are needed to help our chapter be
short article.                                 The past presidents of the chapter also          successful and I hope that each person
                                               participate on this committee to lend their      reading this text will consider ways to get
The next three paragraphs may be a             experience and perspective to the current        involved. Do you want to serve on one
little heavy (not really, considering what     chapter administration.                          of the chapter committees? Do you want
most of us are accustomed to reading as                                                         to become a board member (there are a
lawyers). I want to give you some context      There are four other standing operating          couple of board positions available)? Do
around chapter operations, and discuss         committees that are necessary to keep            you want to help in a less formal role by
ways we can all become more involved           the chapter running effectively. These are:      calling one of the law firms you work with
and play a more direct role in the quality     the Membership Committee (responsible            and drop the hint that they should be sup-
of our local ACC community. Our chapter        for tending to and growing our member-           porting our ACC chapter? Or maybe by
is a nonprofit organization incorporated       ship); the Communications Committee              calling an in-house colleague who isn’t yet
in Idaho and operating under permission        (responsible for keeping the chapter con-        a member of the ACC and helping her to
and instruction from the Association of        nected and doing it in a way that main-          see the benefits of joining?
Corporate Counsel’s National Office. The       tains a professional brand); the Programs
purpose of our local nonprofit chapter is      Committee (responsible for providing             My term ends December 31, Wayne
to benefit ACC members here in the local       relevant, top-quality CLE); and the              Ipsen is the new president. Wayne is the
area. We do that by striving to provide        Sponsorship Committee (responsible for           Executive VP and General Counsel of US
local ACC members with: 1) low-cost or         managing relationships with our sponsors         Ecology in Boise. Part of his responsibili-
no-cost, quality continuing education;         and ensuring that we have the necessary          ties will include appointing individuals
2) networking opportunities with other         funds to do all that we do). Finally, there is   to lead, and/or serve upon, each of the
members of the chapter and with service        one, and only one, compensated position.         above mentioned committees. He can
providers; 3) relevant pro bono opportu-       It is our independent contractor chapter         select individuals currently serving on the
nities; and 4) resources to help members       administrator.                                   board, or he can offer the positions to any
better perform their jobs.                                                                      other member of our chapter who is inter-
                                               That is essentially the structure of our         ested. If you value your experience in the
The chapter has fifteen volunteer board        chapter. By my count, there are at least         ACC, I urge you to consider lending us
positions and the board is tasked with         twenty (20) different volunteer posi-            some of your time and some of your tal-
                                                                                                                         continued on page 11
Protecting Against and Reacting To cybersquatting
Nathan O. Greene
Brinks Hofer Gilson & Lione
Companies in today’s Internet age are           Lanham Act; 15 U.S.C. § 1125(d)). The             cybersquatting defendant—you can pursue
constantly seeking greater exposure for         ACPA provides remedies for trademark              a remedy in an in rem proceeding, by filing
their products and services online. Their       owners against the bad-faith registra-            a lawsuit against the domain name itself
success is directly tied to their presence on   tion of a mark as part of a domain name           in a district in which the registrar resides.
the Web. But that success is jeopardized        where the person registers, traffics in, or       The remedy is limited to a court order
by “cyberpiracy.” Consider the following        uses a domain name that is (1) identical          forfeiting or canceling the domain name or
scenario.                                       or confusingly similar to a mark that is          transferring it to the plaintiff.
                                                distinctive at the time the domain name
Over a period of years, your company has        is registered; (2) identical, confusingly         Before you can take action, analyze the
developed and nurtured its crown jewel,         similar to, or dilutive of a mark that is         merits of your case and the likelihood that
the popular BRAND X, through exten-             famous at the time the domain name is             you can prove the registrant had bad-faith
sive advertising and marketing. You have        registered. The “confusingly similar to”          intent to profit from the mark. The ACPA
also obtained a federal registration for the    language refers to trademark infringement.        lays out a number of factors, both that
trademark BRAND X. But your twelve-             The “dilutive” language refers to dilution        indicate good-faith intent and that indicate
year-old, in surfing the web, finds hardcore    of a famous mark, which can occur either          bad-faith intent. Study those factors and
pornography at Your sales         by blurring the distinctiveness of a mark         seek the advice of a qualified attorney
manager also discovers sales of a coun-         or tarnishing the mark. While infringe-           to assess the merits of your claim. An
terfeit to BRAND X at           ment and dilution actions remain avail-           example of good-faith intent includes the
And, your marketing director receives           able, the ACPA strengthens protection in          defendant’s prior use of the domain name
an e-mail offering and           those cases in which there is no confusing        in connection with a bona fide offering for sale at $10,000 each.         similarity for purposes of an infringe-           of any goods or services. In contrast, an
How do you protect against occurrence of        ment action and in which the plaintiff ’s         example of bad-faith intent includes an
“cyberpiracy” or react to it if it occurs?      mark is not sufficiently well-known to be         offer to transfer, sell, or assign the domain
                                                considered famous for purposes of a dilu-         name to you (or a third party) for financial
To minimize cyberpiracy, you could              tion by blurring or tarnishment action. A         gain without having used, or having an
purchase as many domain names as pos-           successful plaintiff in an ACPA claim may         intent to use, the domain name in the bona
sible that could be used to trade on, or        obtain an injunction as well as damages           fide offering of any goods and services.
denigrate, your BRAND X. It is unlikely         and profits subject to the usual Lanham
you can purchase enough domain names            Act qualification relation to damages.            If you want a simple, quick, and less-
to ensure you own every domain name             The plaintiff also may elect to receive an        expensive route, consider using the
variation in spelling and symbol of your        award of statutory damages from $1,000 to         Uniform Domain-Name Dispute-
trademark for every generic top level           $100,000 per domain name “as the court            Resolution Policy (UDRP) (available at
domain, gTLD (.com, .net, .org, .info, .biz,    considers just.”                         policy.htm).
etc.). While it may help to purchase a block                                                      A UDRP panel may decide to cancel or
of such domain names, including names           To determine who owns a domain name,              transfer a domain name—or to take no
such as, this could incur       e.g., a registrant, that you suspect is           action—with regards to a claim of bad-
significant up-front costs. If you have pur-    cybersquatting your mark, search one or           faith registration of a mark as part of a
chased the major versions of your mark on       more WHOIS websites, which should tell            domain name.
the most popular gTLDs and some of the          you both the registrar and registrant of
more likely misspellings of those versions,     the mark. Sometimes the registrant is kept        In conclusion, to react to cybersquat-
you can do little else in terms of preven-      confidential, but you should be able to           ting, work with counsel to identify the
tion. Unfortunately, cyberpirates are clever    contact the registrar to ascertain an iden-       cyberpirate and decide whether to seek a
and persistent and find ways to exploit         tity. If you have an identity and address         settlement and/or file a lawsuit or UDRP
your goodwill as your brand becomes             of the registrant, you may want to engage         proceeding. If you are unable to identify
more popular.                                   counsel to carefully draft a cease-and-           the offending party, consider an in rem
                                                desist letter to request the registrant to stop   action to force the party to forfeit or cancel
Fortunately, Congress passed the                using the domain name and transfer the            the squatting domain name. Also discuss
Anticybersquatting Consumer Protection          domain name to your company, sometimes            with counsel ways in which your company
Act (“ACPA”) as a tool to combat cyber-         for a reasonable fee. If you are still unable     can monitor the Internet for cyberpiracy.
piracy (added as Section 43(a) to the           to identify or locate the registrant—the

 Mountain West Chapter FOCUS 4Q10
Working together

magnifies the impact

and value of individual

ideas and efforts.

When you’re serious about intellectual property law…

                             As one of the largest firms in the United
                             States dedicated exclusively to intellectual
                             property, Brinks has grown and evolved with
                             the companies and technologies that shape
                             the way we live and work. With 150 attorneys,
                             most with technical or scientific degrees,
                             Brinks has the insight and skill to partner
                             with your company on its next generation of             866.222.0112
                             intellectual property challenges.             

    Salt Lake City Office: Suite 1930 | 222 South Main Street | Salt Lake City, UT 84101 | 801.355.7900

The Bounty Boondoggle: Dealing A Devastating Blow
To corporate compliance
Susan Hackett, Senior Vice President and General Counsel, ACC
Like many of you, I attend all kinds of       or verdict. Moreover, whistleblowers          programs will be toothless. How else
corporate counsel meetings — industry         — who believe that they have suffered         will companies uncover their problems
legal group meetings, CLE sessions,           retaliation for contributing information      if their employees have no incentive
ACC networking and education events           to the SEC — can bring cases against          to report concerns and companies
through our chapters and committees.          their employers. And while the general        can’t make it a condition of contin-
At these gatherings, we hear about the        concept of whistleblower bounty provi-        ued employment that they report and
myriad laws, regulations, rulemakings,        sions is not new, this one is particularly    contribute to internal investigations?
litigation and management issues that         pernicious to the efforts of in-house         Isn’t it the job of every employee to act
impact and challenge us in our work           lawyers as it could upend the compliance      responsibly within the entity to promote
everyday. At ACC, I also think about          and reporting systems they have worked        its appropriate behavior?
how this growing tsunami of issues            hard to create in order to provide
impacts our members in more than 70           avenues and protections for whistleblow-      In recent years, government has passed
countries. Given the noise and num-           ers within the corporate structure, and       laws and enacted policies that require
ber of issues competing for corporate         upon which they rely in order to help the     companies to create effective internal
counsel’s attention, it can be hard to dis-   company effectively police and remedy         compliance and reporting programs —
cern the truly momentous “global” issues      its own behaviors.                            in recognition that such programs lead
from the more mundane and routine                                                           to more legally compliant companies. In
requirements.                                 ACC members are the strongest support-        fact, it is the standard by which compa-
                                              ers and facilitators of internal reporting    nies are judged in the event that there
But at this point in time, I have to          and employee whistleblower protections.       is a failure and the company would like
say — never have I seen a single issue        Indeed, it is in-house counsel who have       to demonstrate that they did everything
generate such singular commonality of         envisioned, championed, implemented,          possible to prevent rogue actors from
concern and negative response as the          managed, and assured that such systems        succeeding (see, e.g., Chapter 8 of the
whistleblower/bounty hunter provisions        are vibrant and offer robust mechanisms       US Sentencing Guidelines and the many
in the US Congress’ new financial reform      by which companies can assure better          cases resolved either through settlement
law, otherwise known as Dodd-Frank            compliance and maintain a healthy ethi-       with the government or in the courts).
[            cal culture. It is key to note in reviewing
wp-content/uploads/2010/07/Dodd-              the provisions of Dodd-Frank, that we         So, it will be interesting to see in the
Frank-House-and-Senate-Final.pdf].            have premised all of our efforts to date      coming weeks, as the SEC, under its
                                              on the very internal corporate reporting      authorization in Dodd-Frank, now turns
Dodd-Frank was intended to address the        mechanisms which this law threatens to        its attention to the language imple-
maladies stemming from the financial          gut: if employees are financially incented    menting Dodd-Frank and particularly,
implosions of 2008 and 2009. While            by the promise of large amounts of            Section 922’s whistleblower provisions.
most of the provisions were aimed at          money to go outside to report potential       If you were able to listen to the SEC
financial service issues, the legisla-        violations — rather than to communi-          webcast featuring SEC leaders discussing
tion was amended in the final hours of        cate these concerns through established       the rule-making process [
passage to include a broader provision        internal company channels — then the          news/openmeetings/2010/spch110310mls-
(Section 922) authorizing the Securities      employer will be the last to know about       whistleblowers.asx for the webcast, and
and Exchange Commission to expand             problems it could have investigated and
its whistleblower/bounty program to           addressed immediately. Even more ironi-       htm for the press release], and then read
better encourage the submission of use-       cally, the company will be held liable for    the proposed rule issued by the SEC staff
ful information about the violation of        addressing failures, losses or problems       for comments a few hours later on the
securities laws.                              they could have prevented.                    same day — November 3, 2010 [http://
In a nutshell, under this provision, a        Internal reporting systems, the focus         63237.pdf], you will have noticed a clear
provider of “original information” about      of so much time and investment by             and unfortunate disconnect. At this
securities law violations (broadly writ)      in-house lawyers, must be given an            stage, it seems that officials are willing to
can now be awarded between 10 percent         opportunity to identify and resolve prob-     establish two inherently contradictory
and 30 percent of a large settlement          lems first, or sophisticated compliance       tracks — one placing value on compa-
                                                                                                                    continued on page 

 Mountain West Chapter FOCUS 4Q10
continued from page                           emanates. In its proposed rule, the            ment in the fraud doesn’t necessar-
nies owning their own internal reporting       SEC has suggested that they will send          ily prevent the whistleblower from
process, and the other on a newer and          complaints back to the company for             collecting. The proposed rule attempts
more problematic inclination to address        evaluation and investigation, while            to remedy this by preventing wrong-
failures by incenting employees to come        the Commission opens a matter to               doers from collecting bounties on any
to the government with their concerns          investigate each and every one. One            portion of the verdict caused by their
first, and not voice their concerns            can only imagine the chaos this will           misconduct.
through internal mechanisms.                   create in compliance matters.                • What about the rules of ethics? The
                                             • Dodd-Frank contains multiple                   proposal authorizes the SEC staff to
As these regulations unfold, ACC will          whistleblower provisions: the afore-           communicate directly with whistle-
actively represent our members in the          mentioned one involving the SEC and            blowers who are directors, officers,
comment process. Our comments are              bounty awards; a parallel program              members, agents or employees of an
due to the SEC on Friday, December             to be managed by the Commodity                 entity that has counsel, without first
17, 2010. We will be asking ACC lead-          Futures Trading Commission; and                seeking the consent of the entity’s
ers to co-sign our comment letter to           a final one that the newly-created             counsel. The rule attempts to create an
the Commission not only to reiterate           Consumer Protection Financial                  exemption under state bar ethics rules
our ongoing support for the integ-             Bureau will initiate when it is up and         forbidding lawyers from communicat-
rity and viability of internal report-         running next summer. Each of these             ing directly with represented persons
ing processes, but also to clarify the         whistleblower bounty provisions was            by permitting the SEC’s lawyers to
importance of encouraging employees            modeled on similar language in the             communicate with a whistleblower
to step forward internally without fear        False Claims Act. In its proposed rule,        under these circumstances. The rules
of retaliation.                                the SEC draws heavily on caselaw               of professional responsibility should
                                               interpreting the FCA and companies             apply to all lawyers, not just those in
Here are some issues for you to consider:      seeking best practices would do well           the private sector.
• The government cannot possibly               to rely on that caselaw as well. One
  police all corporate misconduct;             long-term thought for the in-house           Going forward, in response to the SEC’s
  therefore continued self-policing            counsel bar is whether there should          recently announced comment process
  and reporting is essential. And while        be rationalization of all these various      and to prepare our letter, ACC’s advo-
  Dodd-Frank applies to public com-            whistleblower programs so that they          cacy team will:
  panies, just as Sarbox set the stan-         work hand-in-hand.
  dard for reasonable behaviors and                                                         Engage with in-house counsel working on
  responses, so too will these provisions’   Finally, it is important to point out that     this issue through the Association. You are
  impact bleed into the standards by         there are other perverse implications of       the infantry on the ground overseeing
  which every companies reporting            this rule:                                     internal compliance and investigations.
  mechanisms are judged.                     • It is conceivable that it not only           Your input will enable us to propose bet-
• The SEC has no practical means by             incents employees to report outside         ter solutions, while also better educating
  which to investigate the countless            the company first, but to wait until        the SEC about the multiple minefields
  claims they will now receive from             a problem festers sufficiently that         inherent in permitting whistleblowers
  employees hoping for a huge finan-            the likelihood of a higher penalty or       to have the option of an end-run around
  cial windfall. Anyone familiar with           award because of increased culpability      internal reporting systems.
  sophisticated in-house corporate              and damage goes up, increasing the
  whistleblowing systems can tell you           whistleblower’s take.                       Coordinate with other like-minded
  that the vast majority of the numerous     • What about the impact on corporate           groups. ACC will work with trade asso-
  reports into their systems are not in         personnel manuals and policies that         ciations and outside counsel-leading cli-
  fact flags of serious corporate miscon-       universally state that not cooperat-        ent groups in an effort to ensure that we
  duct. They are often rather mistaken          ing in an internal investigation could      stay apprised of the latest developments
  or uninformed employee reporting,             lead to dismissal, or that employees        and strategies.
  imagined conspiracies, or personnel           will be dismissed for engaging in or
  matters that do not uncover fraud or          not reporting on fraudulent behavior?       We hope you will join us. Contact me
  larger misconduct. And, those few             Given the anti-retaliation language of      at, or ACC’s new staff
  reports that do give vital notice of          the bill, the employee who’s report-        director on advocacy issues, Associate
  percolating problems will be diffi-           ing may not be disciplined for the          General Counsel Amar Sarwal at
  cult to distinguish or weigh without          underlying problems they’ve contrib-, if you are interested in
  context, given that the SEC staff won’t       uted to or facilitated. The bill suggests   signing on or have thoughts/comments
  know what they’re looking for without         that payments should not be made to         to share with us to help us better fulfill
  intimate knowledge of the company             those who perpetrate the crime, but         our role as the Voice of the In-House Bar
  and industry from which the report            specifically notes that some involve-       on this important topic.
Introducing the 011 New Board of Director
Members & Leadership

Rob Dickinson           Ed Rice               Alison Pitt             Dawn call                Wayne Ipsen            Michael Wardle

Vince Lombardi, the professional football     Hawkins Companies is a national full-ser-        business experience before entering law
coach said that “Contrary to the opinion of   vice real estate firm offering pre-develop-      school in 1992. He attended St. Mary’s
many people, leaders are not born. Leaders    ment, development, construction, finance,        University School of Law, where he served
are made, and they are made by effort and     accounting, leasing, marketing, brokerage,       as an editor of the St. Mary’s Law Journal,
hard work.” It is through the hard work of    property management and legal services           and graduated with his J.D. in 1995.
many of you, both chapter membership          to its clients through in-house staff. To
and members of the Board of Directors,        date, Hawkins Companies has acquired             After graduating from law school, Rob
that we have had such a successful year.      sites and constructed and/or developed           served for two years as a law clerk for the
We know that tradition of success will con-   improvements for, and/or leased property         Honorable Jim D. Pappas, Chief Judge,
tinue with those who have been elected for    to, over 400 different national, regional        United States Bankruptcy Court for the
2011. We are happy to announce that with      and local clients, in over 200 retail projects   District of Idaho, and Panel Judge, United
overwhelming support, the new members         in 23 states in excess of 9.2 Million square     States Ninth Circuit Court of Appeals,
of the 2011 Board of Directors will be:       feet. It currently owns and manages a            Bankruptcy Appellate Panel. Upon leav-
                                              portfolio of over 3.6 Million square feet of     ing the U.S. Courts, Rob entered private
Rob Dickinson, General Counsel,               retained commercial property.                    practice with the Boise, Idaho law firm
  Hawkins Companies                                                                            of Moffatt Thomas Barrett Rock & Fields,
Edward Rice, General Counsel,                 As General Counsel, Rob manages the Law          Chtd. from 1997 to 1999. His practice at
  Zoot Enterprises                            Department, and oversees and coordinates         Moffatt Thomas emphasized the areas of
Michael Wardle, Associate General             all legal work, including real estate matters,   business transactions, bankruptcy, col-
  Counsel, Young Electric Sign Company        landlord/tenant relationships, employment        lections, and commercial litigation. Rob
                                              and labor law issues, corporate adminis-         joined Hawkins Companies in February
And the new Chapter Officers will be:         tration and governance, contractual and          1999, and succeeded to the position of
President – Wayne Ipsen,                      statutory compliance, and management of          General Counsel in 2001.
  Corporate Counsel, US Ecology, Inc.         outside counsel. Rob also serves as one of
Vice President – Dawn Call,                   five members of the executive committee          Currently, Rob is a member of the
  Vice President & General Counsel,           responsible for directing and carrying out       American Bar Association, and a member
  Management & Training Corporation           all business operational and administrative      of the Commercial Law and Bankruptcy
Treasurer – Michael Wardle,                   functions, and establishing and imple-           Section, Business and Corporate Law
  Associate General Counsel, Young            menting strategic goals and corporate            Section, Real Property Section, and Labor
  Electric Sign Company                       policy.                                          and Employment Law Section of the
Secretary – Alison Pitt,                                                                       Idaho State Bar. He joined the Association
  Assistant Vice President Legal Affairs,     Rob was born in Idaho Falls, Idaho               of Corporate Counsel, Mountain West
  Nutraceutical Corporation                   in 1964, but grew up in a small town             Chapter, in 2009.
                                              in Oklahoma, where he attended and
Rob Dickinson                                 graduated from Ponca City High School in         Rob has donated time and energy in a
Rob G. Dickinson serves as general coun-      1982. Rob then attended Oklahoma State           variety of ways to several public ser-
sel to Hawkins Companies LLC, a national      University, where he received his Bachelor       vices, including serving as a director to
commercial retail development com-            of Science in Business Administration,           non-profit organizations, various leader-
pany, with over 30 years of development,      Finance and a Minor in Economics. Rob            ship positions within the Boy Scouts of
management and ownership experience.          went on to enjoy several years of general                                continued on page 7

 Mountain West Chapter FOCUS 4Q10
continued from page 6                            Wayne Ipsen (President)                          seven manufacturing divisions, more than
America, a lecturer in private and public        Wayne R. Ipsen serves as senior corporate        30 offices in 16 states, and approximately
settings, a coach for little league base-        counsel at US Ecology, Inc. (NASDAQ:             1,500 employees. YESCO designs, manu-
ball and youth soccer, and a self defense        ECOL) with a focus on commercial trans-          factures, installs and services signs of all
instructor for women and teenage girls.          actions, mergers and acquisitions, business      sizes and varieties—but with an emphasis
                                                 integration, corporate governance, SEC           on electric and electronic signs.
Rob is married to Wendy Dickinson. They          compliance and outside counsel manage-
have been married for 21 years, and enjoy        ment. Headquartered in Boise, Idaho,             Michael is responsible for a broad variety
raising their four sons, Taylor, Jennings,       US Ecology, Inc. provides treatment and          of legal affairs, including contract negotia-
Charlie and Elliot, ranging from a senior        disposal services for low-level radioactive,     tion, real estate transactions, corporate
in high school to a kindergartner in             hazardous and PCB wastes. Prior to join-         compliance, intellectual property protec-
elementary school.                               ing US Ecology, Inc. in 2003, Ipsen worked       tion and government relations. Specifically,
                                                 as an associate attorney at the Boise law        Michael manages the legal affairs for
Edward Rice                                      firm of Elam & Burke and as an associate         YESCO’s billboard and electronic sign
Ed Rice, general counsel for Zoot                tax consultant at PricewaterhouseCoopers         divisions. Michael has worked for YESCO
Enterprises, Inc., in Bozeman, MT, has           in Seattle, Washington. Ipsen received his       for nine years. Prior to joining YESCO’s
the responsibility for managing the legal        BS in Accounting and MAcc (Tax) degrees          legal department, Michael was corporate
department. Zoot Enterprises is a high           from Brigham Young University and his            counsel for Hecla Mining Company in
tech firm that provides processing and           JD from the University of Idaho College          Coeur d’Alene, Idaho.
other related services to the financial          of Law. He is also a Certified Public
services industry. Rice brings more than         Accountant. When not at his office, Ipsen        Michael earned his Juris Doctor from
24 years of experience representing clients      enjoys spending time with his wife Katie         Gonzaga University in 2005. He earned
and financial institutions of all sizes in the   and their four daughters, coaching youth         his Master of Accountancy from Brigham
consumer and retail banking areas, and           soccer and mountain biking.                      Young University in 2004, and a Bachelor
in corporate law. Prior to joining Zoot,                                                          of Science from Brigham Young University
Rice was a shareholder and director in the       Dawn call (Vice President)                       in 2002. Michael is the Chair of the
Pittsburgh, PA based law firm of Sherrard,       Dawn M. Call is vice president, general          International Sign Association’s Electronic
German & Kelly, P.C., and was a member           counsel for Management & Training                Message Center Task Force and he is
of that firm’s financial services group and      Corporation. Call has been legal counsel         a member of the Outdoor Advertising
corporate services group. In addition, Rice      for MTC since 2003. She also supervises the      Association of America’s Legislative
was assistant general counsel for M&T            company’s risk management and internal           Committee. Michael is admitted to prac-
Bank in Buffalo, NY, where he represented        audit departments. MTC is the largest            tice law in Utah and Idaho.
all aspects of the Bank’s consumer credit        operator of Job Corps centers and third
financial services business, and was gen-        largest operator of correctional centers in      Alison Pitt (secretary)
eral counsel to the bank’s consumer auto         the United States. MTC’s goal is to educate      Alison Pitt is assistant vice president,
finance and leasing subsidiaries. Earlier        the people it serves. Prior to joining MTC,      Legal Affairs at Nutraceutical Corporation
in his legal career, Rice was also in-house      Call worked for many years at one of the         (NASDAQ: NUTR) located in Park City,
senior counsel representing the consumer         largest full-service law firms in the western    Utah. Pitt focuses on regulatory compli-
credit business at Bank of New York              United States focusing her practice in the       ance, mergers and acquisitions, com-
Mellon, in Pittsburgh.                           areas of securities, mergers and acquisitions,   mercial transactions, intellectual property
                                                 and general corporate work. Call earned          management, real property negotiations,
Rice also brings a technical background          her Juris Doctor degree in 1995 from the         and corporate governance and SEC
to Zoot—prior to attending law school,           University of Utah, where she was an editor      compliance. Nutraceutical is an integrated
he was a manufacturing engineer for              on the executive board of the Law Review.        manufacturer, marketer, distributor and
Westinghouse Electric in St. Louis, MO.          She is also a Certified Public Accountant        retailer of branded nutritional supplements
Rice earned his Juris Doctor degree in           and holds both Master of Business                and other natural products. Prior to join-
1986 from Duquesne University Law                Administration and Bachelor of Science           ing Nutraceutical, Pitt worked for Iomega
School, where he was also an editor on           degrees from the University of Utah. Call is     Corporation in Roy, Utah. Pitt earned her
the executive board of the Law Review.           admitted to practice law in Utah.                Juris Doctor degree from the University
He received a Bachelor of Science degree                                                          of Utah in 2001, where she was a William
in industrial engineering from the               Michael Wardle (Treasurer)                       H. Leary Scholar. She also holds a BS in
Pennsylvania State University in 1980. Rice      Michael R. Wardle is associate general           Accounting and MBA from the University
is admitted to practice law in New York          counsel for Young Electric Sign Company          of Utah. Ms. Pitt also serves on the Board
and Pennsylvania.                                (YESCO). YESCO, a closely held family            of Adjustment in Summit County, Utah.
                                                 corporation, originated in Ogden, Utah in        Pitt spends her free time with her husband
                                                 1920 and since then it has become a pre-         and their overly active husky.
                                                 eminent full-service sign company, with

Previous Events
Nutrition Law symposium
Thank you to the over 100 attendees who par-
ticipated in the Sixth Annual Nutrition Law
Symposium and Golf Tournament held at
Thanksgiving Point in Lehi, Utah. The Symposium
featured the following important topics affecting
the industry:

“Supplement Advertising—Risks and
Richard Cleland, Director, Division of Advertising
Practices, Federal Trade Commission; John E.
Villafranco, Partner, Kelly Drye & Warren LLP,
Douglas (Duffy) MacKay, VP, Scientific and
Regulatory Affairs, Council of Responsible Nutrition

“Worldwide Regulatory Update”
CANADA: Bernadene Magnuson Ph.D., Senior
Scientific and Regulatory Consultant, Cantox Health
Sciences Intl.
EUROPE: Sebastian Melchor, Founder and
Managing Partner, Food Law Consultants
AMERICA: John Venardos, Sr. VP Worldwide
Regulatory, Government & Industry Affairs,
Herbalife International of America, Inc.

Senatorial candidate question and answer period
with Sam Granato (D) and Mike Lee (R).
                                 continued on page 

                                                                  sam Granato

senator orrin Hatch

                                                       Mike Lee

 Mountain West Chapter FOCUS 4Q10
continued from page 
Dodge Ball
Og Mandino said “Always render
more and better service than is
expected of you, no matter what
your task may be.” Twenty individ-
uals from the ACC Mountain West
Chapter and the Young Lawyers
Division took this saying to heart
by participating in the Dodge
Barage, Dodge Ball Tournament.
This event supported several local
charities and our ACC Green team
made it to the quarter finals.

Not only did all the volunteers
subject themselves to being                                      Costume Contest. Fun, along with some welts and sore muscles,
hit with rubber balls thrown by professional athletes, many of   were had by all.
them did it in costumes to support the Young Lawyers Division

Dorsey cLE                                                       Presenters were:
Thanks to the generous support of Dorsey & Whitney LLP, on       Steven Marsden, Partner, Dorsey & Whitney LLP
October 13 our chapter held its first breakfast briefing CLE.    TJ Fund, Corporate Counsel, Nature’s Sunshine Products
                                                                 Nicholas Burkill, Partner, Dorsey & Whitney LLP
The presentation focused on “The Foreign and Corrupt Practices
Act: Enforcement in 2011” including UK Anti-Bribery and Anti-    For more information email Kristie Marshall at
Corruption Compliance.                                 

New Member spotlights
                       Brett Johnson                                  J. David Pearce                                 David sienko
                       Brett Johnson                                    J. David Pearce                                David C. Sienko
                       joined StorageCraft                              serves as vice                                 joined Hecla
                       Technology                                       president, gen-                                Mining Company
                       Corporation in                                   eral counsel and                               as the vice presi-
                       2009 as the General                              corporate secre-                               dent and general
                       Counsel. Based                                   tary for Beneficial                            counsel in January.
                       in Draper, Utah,                                 Financial Group.                               Hecla is the oldest
                       StorageCraft is a                                Part of his role                               U.S. based precious
                       manufacturer of                                  includes serving as                            metals mining
                       backup, disaster                                 the legal counsel                              company in North
recovery, and system migration software        for Beneficial’s parent company Deseret        America and the largest producer of
for the enterprise market. Prior to his role   Management Corporation. Beneficial             silver in the U.S. Headquartered in Coeur
with StorageCraft, he was a partner with       Financial Group is a multi-billion dollar      d’Alene, Idaho this international publicly
Snell & Wilmer in Salt Lake City.              life insurance company located in Salt Lake    traded company is 119 years old.
                                               City, Utah.
Brett has been very active in a variety of                                                    Prior to moving to Idaho, David spent ten
civic organizations. He is currently the       David has been with this organization for      years in Chicago and six in Dallas. His
vice president of the Salt Lake Acting         five years. He manages as many as four-        previous work experience includes being
Company’s Board of Trustees and a mem-         teen employees and a million dollar plus       a Partner at K & L Gates and an Associate
ber of the Salt Lake City Redevelopment        budget. He advises on legal issues includ-     at Locke Lord Bissell & Liddell. He also
Advisory Committee. He has also served         ing insurance laws, corporate governance,      has previous experience as an enforcement
on the Utah State Bar’s Character and          securities and HR issues for over a thou-      staff attorney for the SEC.
Fitness Committee for many years.              sand insurance agents. Previously he was a
                                               Shareholder at Fabian & Clendenin where        David grew up in Hartford, Connecticut
Brett grew up in Logan, Utah and attended      he specialized in commercial litigation.       and earned his JD at Marquette University
the University of Utah, College of Law. He                                                    and his Master of Law Degree at
enjoys photography and has had several         David was born in Boise, Idaho and             Georgetown. He enjoys lacrosse, traveling
works exhibited. To view some of his           attended the University of Utah, School of     and live music.
pieces please visit                            Law. He has donated time and energy in               a variety of ways including serving on the
                                               Utah Health & Life Insurance Guarantee
                                               Association as the Director and Secretary/
                       Amber Leavitt
                       Amber B. Leavitt
                                               Treasurer and coaching girls fast pitch
                                                                                               Welcome New
                       joined eBay, Inc.                                                       Members!
                       as intellectual         David is married to Alison Pearce. They
                       property counsel in     have three children, Reagan 12, J.D. 8 and      Kari Baardson, SirsiDynix
                       June of 2010. Prior     Harrison 5. Some of his hobbies include         Brian Buckham, Idaho Power Company
                       to joining eBay,        being a fan at his children’s sporting          Merrilee clark, Sirsi Corporation
                       she was an associ-      events, golfing and reading.                    scott Ellis, SirsiDynix
                       ate at Workman
                                                                                               steven Goodwill, Western Electricity
                       Nydegger, a law
                                                                                                   Coordinating Council
                       firm specializing in
Intellectual Property matters.                                                                 casey Harris, Young Living Essential
                                                                                                   Oils, LC
Amber grew up in Ridgecrest, California                                                        Neville Henwood, Rio Tinto
and attended Pepperdine University                                                             Jodee Kelly, J.R. Simplot Company
School of Law. She currently serves on the                                                     Hector Pereyra, SirsiDynix
Education Committee of the Women Tech
                                                                                               Adam Richins, Idaho Power Company
Council and enjoys snow skiing, mountain
biking, hiking and spending time with                                                          Desiree savage, Docu Prep Inc.
family and friends.                                                                            stephen smithson, Kennecott Utah
                                                                                               Jeffrey Warwick, Agel Enterprises
                                                                                               Anne Wilde, Idaho Power Company

10 Mountain West Chapter FOCUS 4Q10
                                          continued from page 1
       Board Members and contacts
                                          ent to help make the experience of participating in our local chapter even
President                                 better, for you, and for all of us. If you have interest or if you are simply
Nathan Nelson                             curious about ways you might be able to help, please feel free to contact me
Albion Laboratories, Inc.                 at any time by email or phone (contact information at left).
General Counsel
                                          It has been my privilege and my blessing to be able to serve you these last
                                          few years. I have learned from many of you and I am a better person for
Vice President and secretary              having had this opportunity. Please join me, and the rest of the members
Wayne Ipsen                               of the board, in welcoming and supporting our incoming president and
US Ecology Inc
Corporate Counsel & Assistant Secretary   new officers. One way we can do this will be to let them know, via email or
208.331.8400                              otherwise, that we are interested in helping them in whatever way we can,                      that we are grateful for our local chapter and the benefits it brings to each
                                          of us, and that we would like to give back in some way. That is my hope.
Dawn call
Management & Training Corporation         Yours in service and friendship,
Vice President & General Counsel
801.693.2700                              Nathan Nelson
Membership chair
Kevin McMurray
USANA Health Sciences, Inc.
Deputy General Counsel, International
801.954.7816                              upcoming Acc Mountain West Events
                                          January 25, 2011                        May 21*, 2011
Program chair                             “A C’s” Corporate Counsel Award         Save Summer & Serve
Jeanne Baughman
Washington Group International Inc.
                                          Night                                   Service Event
Litigation Attorney                       7–9 PM                                  Salt Lake City, Utah
208.388.3347                              Utah Museum of Fine Arts                 Salt Lake City, Utah                    September* 2011
communications chair                                                              Get Served Event
Terry fund                                January 27, 2011                        Service Event
Nature’s Sunshine Products, Inc.          “A C’s” Corporate Counsel Awards        Boise, Idaho
Corporate Counsel                         Night
801.342.4572                              6-7:30 PM                               September 9*, 2011
                                          Stueckle Sky Center                     Nutrition Law Symposium
Board of Directors                        Boise, Idaho                            Thanksgiving Point Golf Course
Daniel Day                                                                        Lehi, Utah
Supervalu Inc.
                                          February 11 & 12, 2011
Senior Attorney
Garry Pay                                 5th Annual CLE & Ski Event              November* 2011
IdeaSphere Inc.                           1/2 Day CLE with 1 & 1/2 day            Ethics at the End
VP/Assistant General Counsel              Skiing                                  Ethics & Professionalism
Alison Pitt                               Canyons Resort                          Presentation
Nutraceutical Corporation
                                          Waldorf Astoria Hotel                   Salt Lake City, Utah
Assistant Vice President, Legal Affairs
stanley soper                             Park City, Utah
Nutraceutical Corporation                                                         December* 2011
Vice President, Legal Affairs             April 13*, 2011                         Ethics at the End
Terry uhling                              Best Practice Club                      Ethics CLE Presentation
J.R. Simplot Company
                                          7:30 AM-1 PM*                           Boise, Idaho
SVP, Secretary & General Counsel
Gordon Walker                             Location TBA
Cornerstone Research & Development Inc.   Boise, ID
General Counsel
Michelle Wilson                           May 18*, 2011
Xango, LLC
                                          CLO Club Roundtable
General Counsel
                                          7:30 AM-1 PM*
chapter Administrator                     Location TBA
Kristie Marshall                          Salt Lake City, Utah
801.698.6513                      * = Proposed, for full event information visit


Shared By: