NAFUSA Board Meets in Naples

NAFUSA board at the home of Jay & Julie Stephens

The annual Spring NAFUSA board meeting was held in Naples, Florida, on April 6, 2019. President Terry Flynn announced that the annual conference will be held at the Westin St Francis in San Francisco on September 25-27, 2019, and will feature FBI Director (and NAFUSA life member) Chris Wray as the keynote speaker.

Flynn stated that the conference planning committee is working on the program, which will begin with an opening evening reception at the St Francis on Wednesday, September 25, sponsored by Guicepost Solutions. The Thursday and Friday morning CLEs will include a panel on artificial intelligence/technology with Tony West, general counsel & chief legal officer of Uber; a dialogue with EOUSA and the AGAC with James Crowell and Jessie Liu; a presentation on the United States Supreme Court by Dean Erwin Chemerinsky; a presentation by Professor Jennifer Eberhardt on “Unconscious Bias in Law Enforcement”; and an ethics presentation by NAFUSA member Chuck Rosenberg on “The Korematsu Story-Duty of Candor to the Court”.  Registration for the conference will open in June.

Ken Wainstein

With the resignation of NAFUSA Treasurer Don Washington, due to his having been sworn in as the Director of the U.S. Marshall Service, the board appointed Ken Wainstein to fill the treasurer vacancy. Wainstein served as the United States Attorney for the District of Columbia, 2004-2006, and as the first Assistant Attorney General for National Security, 2006-2008. During his illustrious career, he has also served as the Director of the Executive Office for U.S. Attorneys, General Counsel of the FBI, Chief of Staff of the FBI, and Assistant to the President for Homeland Security and Counterterrosim. He is currently a partner in the Washington office of Davis Polk & Wardell.

 

John Brownlee

The board also selected John Brownlee (WD Virginia 2001-2008) to fill the Wainstein vacancy on the board in the class of 2020. Brownlee is currently a partner at Holland & Knight, where he chairs the firm’s National White Collar Defense and Investigation Team and a member of the firm’s Directors Committee. He served on active duty in the U.S Army in the infantry and in the Judge Advocate General Corps, and is a graduate of the Army’s Airborne and Ranger programs. He recently represented former Virginia Governor Bob McDonnell during the investigation, trial and appeal and won a unanimous decision from the U.S. Supreme Court vacating the convictions.

Executive Director Rich Rossman reported that organization is financially sound, mainly thanks to the support of our sponsors. We would not be able to hold our annual conferences without our sponsors. The collection of dues is lagging, however. Deputy Director Lisa Rafferty stated that several members have failed to pay their dues by the February 28 deadline. Reminders have been sent.

President Elect Paul Coggins announced the 2020 conference will be held in New York City on September 30-October 2 at the New York Hilton.

The board enjoyed a social evening at the home of Jay and Julie Stephens (photo above) and a dinner on the beach (photo below).  As is our custom, NAFUSA board members paid their own travel and hotel expenses. A good time was had by all.

Board dinner on the beach at Naples

 

Paul Charlton Joins Dentons

Dentons, the world’s largest law firm, announced on April 8, 2019, that NAFUSA board member Paul Charlton had joined its Phoenix office as a partner in its Litigation and White Collar practices.

Charlton is known as a seasoned trial lawyer who successfully defended corporations and high-net -worth individuals who were the subject of state and federal investigations. A former career prosecutor, he ended his nearly 20 years of public service as Arizona’s United States Attorney. Charlton also works in Native American Law and successfully advocated for Native American tribes and tribal leaders on nationally reported leaders. He is sought-after and often-quoted media commentator on litigation in the news, and, with his wife, owns and operates a cattle ranch. Charlton earned his JD from the University of Arizona, where he was the note and comment editor for the Arizona Law Review, and his BA from there, as well.

Dentons’ Litigation and Dispute Resolution practice is comprised of more than 200 lawyers in the United States, focusing on complex disputes in federal and state courts across the country, as well as before regulatory agencies, administrative bodies and arbitration tribunals. Dentons’ Litigation group has consistently received top rankings in leading trade publications, including The Best Lawyers in America, The Legal 500 and Chambers USA. Law360 has named Dentons one of its “Top 50 Litigation Powerhouse Firms.” The Daily Report awarded Dentons “Insurance Litigation Department of the Year” in 2017. BTI Consulting named Dentons’ Litigation team to its “Fearsome Foursome” in 2017 and its “Fearsome Five” in 2018, crediting the litigators’ intense approach and fierce strategy on behalf of clients in the competitive legal market. BTI also named Dentons a “Powerhouse” in all eight litigation categories it measured.

Dentons is the world’s largest law firm, delivering quality and value to clients around the globe. Dentons is a leader on the Acritas Global Elite Brand Index, a BTI Client Service 30 Award winner and recognized by prominent business and legal publications for its innovations in client service, including founding Nextlaw Labs and the Nextlaw Global Referral Network. Dentons’ polycentric approach and world-class talent challenge the status quo to advance client interests in the communities in which we live and work. www.dentons.com

AG Barr Appoints Jessie Liu to Head AGAC

In early March, President Trump nominated Jessie Liu, the United States Attorney for the District of Columbia, to be the associate attorney general. But this week Liu withdrew from consideration for the No. 3 post at Main Justice and Attorney General William P. Barr issued the following statement: “Today, I am pleased to announce that I am appointing Jessie Liu as chairwoman of the Attorney General’s Advisory Committee of United States Attorneys (AGAC). Jessie Liu, an outstanding attorney with broad experience, is widely-respected, within the Department. She currently leads more than 300 prosecutors at our nation’s largest U.S. Attorney’s office. Jessie will be an integral part of our leadership at the Department. We will all benefit from her universally-regarded expertise and dedication to public service. I would also like to thank Richard Moore, U.S. Attorney for the Southern District of Alabama, for his outstanding tenure as chair of the AGAC, and his contributions to the management of the Department. He will remain a key advisor on the committee.”

 

Fox Hires Jeff Taylor As Chief Litigation Counsel

NAFUSA life member Jeffrey A. Taylor has been hired by Fox Corp. as its chief litigation counsel and executive vice president. Fox announced on Friday, March 22, that Taylor would be in charge of overseeing labor and employment, litigation, content protection and compliance matters for all of Fox’s networks and assets.

At Fox, Taylor will oversee legal matters concerning Fox Network, Fox Sports, FSI, FS2, Fox Deportes, Fox News Channel, Fox Business Network, Fox Television Stations and other holdings, according to the company.

Taylor served as the United States Attorney for the District of Columbia (2006-2009). He also served as counselor to Attorney Generals John D. Ashcroft and Alberto R. Gonzales.  He most recently served as the deputy general counsel and chief compliance officer of General Motors. He previously served as vice president and general counsel for Raytheon Integrated Defense Systems. Before that he served as chief executive of Ernst & Young’s Fraud Invesigation and Dispute Practices in the Americas.

Taylor earned his juris doctor degree from Harvard Law School and his bachelor’s degree in history from Stanford University.

Dick Thornburgh Retires From K&L Gates

NAFUSA member and former Attorney General of the United Staes Dick Thornburgh announced his retirement from K&L Gates. Thornburgh began his legal career as an associate with K&L Gates in 1959, going on to hold multiple key roles in the firm’s Pittsburgh, Washington, D.C., and Boston offices at various times in the following decades.

Thornburgh spent a decade with K&L Gates prior to his successful 25-year career in government, leaving the firm in 1969 to serve as a United States Attorney and later, Assistant Attorney General in charge of the Criminal Division of the U.S. Department of Justice. He was elected Governor of Pennsylvania in 1978 and again in 1982, during which time he presided over the response to the nuclear accident at Three Mile Island, one that is still studied today as a model of crisis management. Thornburgh went on to serve as United States Attorney General under Presidents Ronald Reagan and George H.W. Bush. As Attorney General, Thornburgh played a leading role in the enactment of the Americans with Disabilities Act. He subsequently served as Under Secretary General at the United Nations, and returned to K&L Gates in 1994, remaining with the firm until his retirement.

James Segerdahl, K&L Gates’ Global Managing Partner, commented: “It has been a great and humbling honor to be associated with Dick. Our firm, the Commonwealth, the Nation, and the world have all been beneficiaries of Dick’s high standards, unwavering integrity, and outstanding public service. When not serving in his many and esteemed public roles, we were privileged that Dick spent his time in private practice with only one firm, K&L Gates. Dick has made many outstanding contributions to our firm and clients; we thank him for those as well as his remarkable work as a public servant, and wish Dick all the best in his retirement.”

Thornburgh has received honorary degrees from 32 colleges and universities. For his dedication and contributions to the legal profession, Thornburgh received a “Lifetime Achievement Award” in 2006 from The American Lawyer magazine. He was similarly honored in 2013 by The Legal Intelligencer as being among those who “represent the best the Pennsylvania legal community has to offer” and has been recognized by Washingtonian magazine as one of “ten legendary Washington lawyers who will forever leave their mark on the District’s legal landscape.”

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Don Washington Confirmed by the Senate as Director of the US Marshal Service

On March 14, 2019, the United States Senate confirmed  NAFUSA member Don Washington to be the director of the United States Marshals Service. Washington served as the United States Attorney for the Western District of Louisiana (2001-2010). He graduated from the U.S. Military Academy at West Point with a degree in mechanical engineering and served as an Army captain of the Air Defense Artillery and in the Army Reserve from 1983 to 1987. He has a law degree from South Texas College in Houston. He was sworn in late this week and, unfortunately, his new duties required him to tender his resignation as the treasurer of NAFUSA. The NAFUSA board will select his successor next week at the board’s Spring Board Meeting in Naples, Florida.

Professor Jennifer Eberhardt to Speak in San Francisco on Unconscious Bias in Law Enforcement

Professor Jennifer Eberhardt

Jennifer Eberhardt, Professor, Department of Psychology at Stanford University, will join NAFUSA at the September conference in San Francisco to speak on unconscious bias in law enforcement. As described on Professor Eberhardt’s website, A social psychologist at Stanford University, she investigates the consequences of the psychological association between race and crime. Through interdisciplinary collaborations and a wide ranging array of methods—from laboratory studies to novel field experiments—Eberhardt has revealed the startling, and often dispiriting, extent to which racial imagery and judgments suffuse our culture and society, and in particular shape actions and outcomes within the domain of criminal justice.

Eberhardt’s research not only shows that police officers are more likely to identify African American faces than white faces as criminal, she further shows that the race-crime association leads people to attend more closely to crime related imagery. In one experimental study, for example, people who were exposed to black faces were then more quickly able to identify a blurry image as a gun than those who were exposed to white faces or no faces.

The race-crime association extends beyond the laboratory. Using an actual database of criminal defendants convicted of a capital crime, Eberhardt has shown that among defendants convicted of murdering a white victim, defendants whose appearance was more stereotypically black (e.g. darker skinned, with a broader nose and thicker lips) were more likely to be sentenced to death than if their features were less stereotypically black. This finding held even after the researchers controlled for the many non-racial factors (e.g. the severity of the crime, aggregators, mitigators, the defendant’s attractiveness, etc.) that might account for the results.

Extending the sentencing research to juveniles, Eberhardt found that bringing to mind a black juvenile offender leads people to view juveniles in general as more similar to adults and therefore deserving of more severe punishment. Further, in a study with actual registered voters, Eberhardt found that highlighting the high incarceration rate of African Americans makes people more, not less, supportive of the draconian policies that produce such disparities.

Eberhardt’s research suggests that these racialized judgments may have roots deeper than contemporary rates of crime or incarceration. In a series of studies, she has unearthed evidence that African Americans sometimes become objects of dehumanization. Specifically, Eberhardt has found that even people who profess to be racially unbiased may associate apes and African Americans, with images of one bringing to mind the other.

The dehumanization finding may help to explain the dynamics that occur within the criminal justice context, where high profile controversies feature African Americans who are shot by police or citizens who feel threatened, even though the African American is unarmed. According to Eberhardt’s research, the implicit association between African Americans and apes may lead to greater endorsement of police violence toward, or mistreatment of, an African American suspect than a white suspect.

As daunting as are the problems Eberhardt illuminates, she has recently begun to work with law enforcement agencies to design interventions to improve policing and to help agencies build and maintain trust with the communities they serve. The problems associated with race are ones we have created, she believes, and they are also ones we can solve. Spurred by the innovation that is the hallmark of Silicon Valley, she aims to combine social psychological insights with technology to improve outcomes in the criminal justice context and elsewhere.

Jennifer Eberhardt received a B.A. (1987) from the University of Cincinnati, an A.M. (1990) and Ph.D. (1993) from Harvard University. From 1995 to 1998 she taught at Yale University in the Departments of Psychology and African and African American Studies. She joined the Stanford faculty in 1998, and is currently a professor in the Department of Psychology and co-director of SPARQ, a university initiative to use social psychological research to address pressing social problems.

Professor Eberhardt’s first book “BIASED: Uncovering the Hidden Prejudice That Shapes What We See, Think, and Do” will go on sale on March 26.

 

Willy Ferrer Named Executive Partner of Holland & Knight’s Miami Office

NAFUSA member Wifredo A. “Willy” Ferrer has been named executive partner of Holland & Knight’s Miami office. Ferrer will oversee the day-to-day management of the office, while continuing his white collar defense, corporate compliance, and internal investigations practice. Holland & Knight’s Miami office is one of the firm’s largest, with 260 attorneys and staff.

Ferrer served as the U.S. Attorney for the Southern District of Florida for nearly seven years. His distinguished career also includes working as Deputy Chief of Staff and Counsel to former U.S. Attorney General Janet Reno. He joined Holland & Knight in 2017, and he leads the firm’s Global Compliance and Investigations Team.

Steven Sonberg, managing partner of Holland & Knight said, “While serving as the U.S. Attorney, Willy led a department of nearly 500 lawyers and staff. Since joining Holland & Knight, he has earned the respect and admiration of his colleagues and inspires the best in everyone. I’m confident he will accomplish great things for the office and the firm.”

“Holland & Knight is filled with superb lawyers and wonderful staff who work hard to provide excellent representation to our clients and many hours of dedicated service to our community,” said Ferrer. “My commitment is to continue to build on the great work that others have done over the years to ensure our office continues to be defined by excellence, collegiality, and teamwork.”

About Holland & Knight LLP:  Holland & Knight is a global law firm with more than 1,300 lawyers and other professionals in 28 offices throughout the world. Its lawyers provide representation in litigation, business, real estate and governmental law. Interdisciplinary practice groups and industry-based teams provide clients with access to attorneys throughout the firm, regardless of location.

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Doug Jones Publishes Book on the Birmingham Church Bombing

NAFUSA member and United States Senator Doug Jones has published a book on the September 15, 1963 bombing of the 16th Street Baptist Church in Birmingham, Alabama. Four young girls were murdered and twenty-two others injured. Then US Attorney Doug Jones tried and convicted the final two suspects in 2001 and 2002.

The book “Bending Toward Justice” was published this month and is receiving significant praise.

“For 40 years, justice had gone undone in the brutal murder of four young girls in the Sixteenth Street Baptist Church. Forty years of pain and hurt for the families of those young girls and their community. Forty years of the Klan laughing at justice, getting away with the act of a coward.
Doug Jones said no more. Justice had to be done. Those young girls deserved it. Their families deserved it. The community needed it. It took courage, commitment, and persistence. And—maybe most of all—heart.” —former vice president Joe Biden

“This book describes the painful sacrifice that was required, and may be called for again, for us to move toward true democracy in America. Facing the truth of our dark past with honesty and humility is the only way this nation can heal these deep wounds. But knowing the truth Jones shares in this book can set this nation free to earnestly build a more perfect union.” —Rep. John Lewis