Attend the Fall Leadership Summit in Washington, DC!!

Hey First Circuit!

Do you know about the Fall Leadership Summit?

It is an excellent opportunity to get more involved with the ABA Law Student Division, meet students from other law schools, take in the nations capitol, and network (of course!!)

Here are the quick facts:

Who: 1st - 2nd - 3rd - 11th Circuits

What: Fall Leadership Summit

Where: Washington, DC

University of the District of Columbia
David A. Clarke School of Law
4340 Connecticut Avenue, NW
Building 52
Washington, DC 20008

When: October 3rd & 4th

Find out more information and make travel plans here

REGISTER HERE!

ABA Annual CLE Recap: Dealing with Compassion Fatigue

What is Compassion Fatigue?Compassion Fatigue is the cost of caring for others in emotional or physical pain, together with a desire to alleviate it. In other words, you can’t seem to care, but you believe in the work you do. It results in a loss of capacity for, or interest in being empathetic with other’s pain. Compassion fatigue can be both, emotionally and professionally devastating. Not realizing an individual is suffering from compassion fatigue prevents positive coping, which is concerning because it can lead to greater issues. Due to the fact that lawyers lead the nation with the highest incidence of depression, it is important that individuals learn to be aware of and how to deal with compassion fatigue.

One of the causes for compassion fatigue is the attorney-client relationship. Working on serious and traumatic or emotional cases that attorneys cannot speak to others about can take a toll on a legal practitioner.
 The Signs and Symptoms:They symptoms of compassion fatigue resemble a milder form of Post-Traumatic Stress Disorder (“PTSD”). For example, there may be persistent avoidance, exaggerated response, trouble sleeping, or flashbacks. There are also four signs and symptoms of compassion fatigue:
1.     Physical (accident prone, headaches, sleep, susceptibility to infection)
2.     Emotional (irritability, depression, apathy, desire to leave practice)
3.     Social (callousness, indifference, avoidance, isolation)
4.     Intellectual (poor judgment, disordered thinking, short attention span, forgetful)

Other risk factors that may lead to compassion fatigues are:
·       Your personal life (i.e. you are a parent and so is your client; your personal life experiences; you have suffered a trauma)


·       Work- related (i.e. your socio-economic status)


·       System Issues (you are over-worked; perceived to have no vulnerabilities)

The Lawyer Culture IssueThe perception lawyers having no vulnerabilities is known as the “Lawyer Culture Issue.” This issue is far more pronounced in New England than in other regions. With studies showing a large spike in alcoholism and depression just after the first year of law school, it is important to get lawyers to recognize their weaknesses and seek help.

How to Deal with Compassion FatigueEveryone manages stress differently and must do whatever helps him or her maintain the care and drive for the work he or she does. During the CLE, a worksheet was handed out titled “Rewards of Your Work” which listed the following questions:
·       Make a list of the rewards of your work.
·       Have you grown and changed in a positive way?
·       What have you learned?
·       What has moved you?
·       What strengths do you bring to this work?
·       Have you made a difference to others?
·       What successes have you and your clients shared?
·       What has made you laugh?
 Reviewing this set of questions allows one to remember why they are in the field of work they do and reminds them of their success. As the attorney-client agreement can take a toll on legal practitioners, it is important to find a way to manage the stress of it, whether it be by having a mentor you can speak to, or unplugging for a bit, in order to deal with compassion fatigue.

By: Sheevani Patel, New England Law
Lt. Governor Mental Health and Wellness

Perspectives: ABA Annual CLE: Bullyproof: The Impact of Bias and How it Leads to Bullying

Bullying isn’t something that only happens in school. It isn’t only about being thrown into lockers, getting name-called, or getting a swirly in the 3rd floor bathroom between classes. Well, maybe that was the case in middle school, but as we get older, bullying takes on a different form (i.e. discrimination based on sex, race, gender, age, appearance).

If you’re thinking that you’ve never been one of those type of bullies, what you don’t know is that you may be a bully and don’t even know it. Microaggressions are the everyday insults or demeaning messages sent to women or minorities by people with good intentions. For example, asking Asian people how long they have been in the country for; or mistaking a woman in court as a court reporter. Although the intentions are good, these micoaggressions can still have mental health implications, such as depression and anxiety, or trouble in the workplace with productivity and focus.

One of the panelists threw out a term called “presumed incompetence.” Presumed incompetence is the perception of women or people of color to be less competent than the white man, which leads to questioning the credibility of that individual. He or she is presumed to only be in their position because of affirmative action or a quota. An example of this would be when a freshman Congressman mistakenly identified to senior government officials as foreigners. When speaking to them, he repeatedly mentioned “your country,” as in India, to them.

This happens due to “implicit bias,” attitudes or behaviors that affect our understanding without our knowing; it is completely unconscious. It manifests itself through in-group interaction, also known as “bullying with positivity.” This happens because people relate to those that are more like themselves.

The good news is that implicit bias can be broken if it is treated like a habit. It is culture and society that makes us develop stereotypes early in our childhoods. By taking an active role in outlining and acknowledging different types of biases in an effort to promote an anti-bias environment, the habit can be broken.

Schools in Massachusetts have all school faculty be educated in bullying. Further, the American Bar Association also had a resolution regarding the promotion of anti-bias behavior. Of course, the solution is not a completely flawless one. Schools may enforce an anti-bias standard, however children are influenced greatly by friendships and family also. Also, awareness of one’s surroundings can also lead to a change in perception.

Personally, I don’t know if I would categorize microagressions and implicit biases as a subconscious form of bullying. I think it has a lot to do with ignorance. An individual’s intentions are good, but they lack the means to effectively portray that. The United States is a melting pot consisting of people from all different places and all different walks of life. I think it is alright for a person to speak out of ignorance, so long as they do it with the best intentions and is corrected afterwards. I believe by categorizing even the miniscule biases is going to create more exclusivity. How can one achieve absolute inclusion when there is a list of the different types of biases categorizing us by how we’re different?

By: Sheevani Patel, New England Law
Lt. Governor Mental Health & Wellness

ABA Annual CLE Recap: We’re Only Human: How Implicit Bias Affects Judges Who Believe They Are Bias-Free

We’re Only Human: How Implicit Bias Affects Judges Who Believe They Are Bias-Free

Thursday, August 7, 2014

Judge Bernice Donald led this session on implicit biases and how to overcome them. Designed for judges, the session covered extensive research on the existence of implicit biases -- whether against racial minorities, women, or other groups -- and their pervasive effect on judges, jurors, and society at large. Judge Donald ran through a slideshow prepared by Judge Mark Bennett (who had planned to lead the session but could not make it), and she added several anecdotes from her own time as the first African-American, female judge in Tennessee.

The research implicates just about everyone, regardless of race or gender. To reveal the crowd’s own biases, Judge Donald started with a riddle that was familiar to many: A father and son were in a horrible car crash. The father died at the scene. Rescuers rushed the son to a hospital, and just as he entered surgery, the doctor stopped the procedure, explaining, “I cannot operate on him -- that boy is my son!” How could this be?

In studies, respondents often started by saying the doctor must be the son’s stepfather, or perhaps a gay, second dad. Correct answer: the doctor was the boy’s mother. When people hear “doctor” or “surgeon,” they usually don’t think of a woman. (For more on this riddle, see BU Today.) Judge Donald shared a similar experience. She once introduced herself to a person at an event who wanted to meet “Judge Bernice Donald.” The person was baffled. “You’re Bernice Donald? You don’t look the way I expected you to.”

One major goal of the session was to encourage and inform judges on preventing implicit biases from infecting their courtrooms. Judge Donald shared Judge Bennett’s jury instructions that he uses in all criminal and civil trials to counter implicit biases. He tells the jurors that we all have “hidden feelings, perceptions, fears and stereotypes in our subconscious,” and these impact our perceptions. Simply by considering these biases, we can rid them of their power.

A judge from Iowa and other attendees shared their own instructions to alert jurors to their potential, unknown prejudices. Judge Donald noted that jurors are more likely to overcome their biases when they are part of a diverse group, and the same holds true when hiring clerks or other employees.

The session was collaborative and fostered effective dialogue. While much room for improvement remains in combatting implicit biases, Judge Donald and the other participants were generally optimistic. Simply by spreading the word on implicit biases, we can prevent them from distorting the judicial process.

By: James McClure

Lt. Governor of Public Interest

Perspectives: ABA Annual & ABA Membership

One of the main benefits of the ABA is the opportunity to connect with lawyers and other lawyers-to-be. This happens organically at meetings, mixers, and other ABA events, and it results in a stronger, more collaborative legal community. The more law students involved, the better -- but students can only learn about this benefit if they experience it for themselves.

I saw this at Annual when I brought a classmate who was new to the ABA. “Wow!” he remarked, “I had no idea something like this existed!” He immediately saw the benefit of meeting other law students and branching out from our relatively small school. The students we met at Annual came from diverse backgrounds and had an endless array of interests and experiences. Each connection broadened the possibilities for his legal career, and he left with a new, part-time job for the upcoming school year.

When people get together at an event like Annual, they share ideas and realize new opportunities. This was the case for me when I met a fellow advocate of public interest law, David Kershaw (4th Cir. Lt. Gov. of Public Interest, Law Student Division). He and his colleagues organized the school-supply drive at Annual -- a new initiative that hopefully will become a trend -- and he had numerous ideas for boosting public interest work and volunteerism at law schools. I hope to incorporate his ideas as I plan activities for in my own area.

Concrete examples like these can go a long way in convincing our fellow students to join us at ABA events. They also help justify funding by proving the value of ABA membership.

If students at your school are hesitant to join the ABA, tell them to try one event. Bring them along and let them see for themselves what it’s all about. The more who join us, the more vibrant our legal community will be.

ABA Annual CLE Recap: Dress Up Your Brand: Litigating and Managing Trade Dress Portfolios Across Different Industry Sectors

#CLE Recap:Dress Up Your Brand: Litigating and Managing Trade Dress Portfolios AcrossDifferent Industry Sectors

The adage “do not judge a book by its cover” emphasizes the importance of not drawing conclusions based on superficial impressions. But industry leaders recognize that consumers often make purchasing decisions based on their initial impressions of a product or service. As a result, many organizations invest substantial resources in protecting the trade dress associated with their goods.

The Section of Intellectual Property CLE program “Dress Up Your Brand: Litigating and Managing Trade Dress Across Different Industry Sectors” provided attendees with practical tips on how to register and enforce trade dress. Douglas Rettew, Partner and Chair of Finnegan’s Trademark and Copyright Group, began the program with an overview of trade dress, which refers to the total image, or “look and feel,” of a product that is eligible for common law and federal trademark protection.   

Douglas Rettew providing an overview of trade dress. Panelists (from left to right): Kate Asher, Alisa Hurlburt, and Sarah Lockner. 

One of the panelists, Sarah Lockner, Senior Trademark and Division Counsel with 3M Company, discussed how trade dress protection differs among 3M’s various divisions, which include Health Care, Consumer, and Electronics & Energy. As an international company, 3M must enforce and protect its trade dress in a number of countries. To receive protection, trade dress must acquire secondary meaning and distinctiveness such that consumers associate the good with one producer or source by virtue of the good’s appearance. Outside of the United States, as it can take time for goods to acquire secondary meaning in the marketplace, companies may seek to invoke copyright protection of a good’s appearance if the product’s trade dress is not yet eligible for protection.

While trade dress can be an effective form of protection for an owner’s intellectual property, Kate Asher, Senior Intellectual Property Counsel at Philips, which produces goods in the Healthcare, Consumer Lifestyle, and Lighting sectors, emphasized the importance of pursuing an IP strategy that directly reflects an organization’s business strategy.  Specifically, Asher recommended that companies consider a number of factors, including the organization’s objective for obtaining intellectual property protection, costs, and use, in determining the appropriate methods of protection for certain goods. For example, if a company is continually revising a product’s style and design, seeking trade dress protection may not be effective because it is unlikely that the trade dress will acquire the requisite distinctiveness. Accordingly, some companies will register design patents to protect the appearance of their goods and obtain immediate exclusivity. If the product remains in the marketplace long enough to obtain secondary meaning, then the company has the option to register for trade dress protection, which may result in products receiving substantial protection under both patent and trademark regimes. 

In the cosmetics, skin care, and fragrance industries trade dress is vital, and counterfeiting is a prevalent issue. Alisa Hurlburt, Assistant General Counsel at Elizabeth Arden, Inc. discussed ways in which Elizabeth Arden enforces and protects the trade dress of its products, including its distinctive fragrance bottles. By showing a number of side-by-side comparisons of Elizabeth Arden products and counterfeits attempting to mimic the overall look and feel of the products’ appearances, Hurlburt conveyed the importance of trade dress enforcement and the issues that counterfeiting poses for consumers.  Cosmetics and fragrance producers invest money and resources in advertising to develop their brands, and counterfeiters capitalize on producers’ investments, which results in brand deterioration and revenue losses. Organizations may produce products that are their “impression” of well-known fragrances and luxury goods, but in doing so companies must be very cautious that they are not deceiving consumers. 

Consumer opinion is particularly relevant in enforcing trade dress and litigating trade dress cases.  Even before the trial stage, it may be advantageous for brands to conduct consumer surveys as these tools are vital to mark enforcement and protection. Consumer surveys must include many questions that connect the good to the source such that the survey results reflect that consumers associate the product with one source. Although protecting and enforcing trade dress is a time and labor-intensive process, the revenue benefits, brand development, and potential improvements in market share frequently justify the costs. 

By: Melissa Lauretti, Lt. Governor of Programming

Perspectives: ABA Annual CLE: The Need for Consumer Education and Transparent Communication in Combating the Proliferation of Counterfeit Products

            During the Annual Meeting, the ABA Section of Intellectual Property Law sponsored a CLE program titled “Buyer Beware: Dangerous Counterfeits in the US,” which discussed the problems that counterfeit goods pose to public health and safety and highlighted the steps that the government and private actors have taken to protect the intellectual property of United States’ companies. In my opinion, one of the most important takeaways from this session was that consumers need to educate themselves about the dangers of counterfeit products and brands must not avoid discussing the presence of counterfeit goods in their industries to preserve their market share. Overall, it appears that open and transparent communication about counterfeiting would be more effective in preventing injuries and deaths from counterfeit products than shying away from dialogues about this controversial topic.

            As one speaker stated, “if you haven’t found counterfeit products in your supply chain, you’re just not looking.” Not only are there the traditional counterfeit luxury products, such as designer handbags, but there are also counterfeit electrical wires, airbags, chainsaws, and pharmaceuticals. Given that the majority of the population would not initially think that electrical wires and airbags could be counterfeited, it is critical to convey this information to consumers. This is because consumers need to be able to identify the sometimes minor details of goods that differentiate legitimate products from fraudulent items as this attention-to-detail could ultimately save their lives. To aid in this endeavor, some brands are enhancing their trade dress or molding their trademarks into their products because these are more difficult to replicate than trademarks that are applied to goods using silk screen printing.

            One industry that is rife with fake products that can kill consumers is the pharmaceutical sector. Online pharmacies are increasing in popularity as they provide convenience and anonymity, but, according to the National Association of Boards of Pharmacy, only three percent of the more than 10,000 online pharmacies appear to be legitimate. Related to this point, consumers may be purchasing pills that only look like their prescriptions; these pills may not even contain the requisite active pharmaceutical ingredients. Moreover, it is shockingly simple for counterfeiters to mass produce pills in their own labs; counterfeiters simply need a blender, ingredients, a garage, and a pill press, which can cost between $30,000 and $40,000, and then the counterfeiters can produce upwards of 50,000 pills per month by hand. Thus, it is imperative that consumers know the source of their prescriptions, particularly if people are using the Internet to purchase their medications. While many people may rely on the URL or IP address of the online pharmacy to discern the source of the products, this is not always an effective tactic as online pharmacies with Canadian URLs and IP addresses may not actually be based in Canada. Accordingly, consumers may ask: is there any guaranteed way to ensure that I am purchasing safe and legitimate products online? Presently, the answer to that question may be “no.”

            Nevertheless, there is hope as the United States government has increased its oversight of imports of counterfeit goods and its prosecution of counterfeiters. Specifically, through the efforts of the Intellectual Property Rights Center, twenty-one federal and international agencies are collaborating with industry leaders and law enforcement in order to stop the importation of counterfeit goods, identity the source of counterfeit goods, and educate the public and private actors about how to identify counterfeit products. In addition, the United States government is also attempting to shut down domain names and websites associated with the sale of counterfeit goods, but this has proven difficult to do utilizing the criminal system. While counterfeiting appears to be a central priority of the federal government, it is also imperative that private industries and consumers actively participate in the enforcement process. 

By: Melissa Lauretti, Lt. Governor of Programming