Out-of-State DivisionExecutive CouncilOfficersPresidentDonald A. Workman, Washington, D.C.President-ElectTimothy P. Chinaris, Montgomery, Ala.TreasurerChristopher C. Marquardt, Atlanta, Ga.SecretaryJohn C. Voorn, Palos Heights, Ill.Immediate Past PresidentDonald A. Workman, Washington, D.C.At-Large MembersScott Edward Atwood, Atlanta, Ga.W. Bard Brockman, Atlanta, Ga.Larry Kunin, Atlanta, Ga.D. Pearson Beardsley, Atlanta, Ga.E. Duffy Myrtetus, Richmond, Va.William A. Lee III, Waterville, Me.Board of Governors MembersBrian D. Burgoon, Atlanta, Ga.Ian M. Comisky, Philadelphia, Pa.Eric L. Meeks, Cincinnati, OhioRichard A. Tanner, Upper Montclair, N.J.Membership & Long-Range PlanningChairMindi Wells, Columbus, OhioCommunication Co-ChairsTiffany McKenzie, Atlanta, Ga.Mindi Wells, Columbus, OhioState-to-State Newsletter EditorDonald A. Workman, Washington, D.C.State-to-State NewsletterAssociate EditorMatthew L. Kahl, Sandy Springs, Ga.Board of Governors LiaisonEric L. Meeks, Cincinnati, OhioLegislative ChairE. Duffy Myrtetus, Richmond, Va.Young Lawyers RepresentativeLeslie Utiger, Dallas, Tex.05/14I N T H I S I S S U E :President’s message: Wrapping up the year as president ....................... 3Trademark rights and your bottom line...................................................... 4Florida Bar Out-of-State Division President’s Goal and Objectives for2013-<strong>2014</strong>............................................................................................... 4Chapter 15 of the Bankruptcy Code: No need to panic;it’s available to you.................................................................................. 7Carbon capture and the Information Quality Act...................................... 10Complexities of life insurance policy valuation........................................ 13Division News: <strong>2014</strong> Report of Nominating Committee........................... 18Your opportunity to be involved - Committees seek members ............... 19Out-of-state members of YLD board elected........................................... 19Burgoon, Comisky reelected to Board of Governors............................... 19Mark your calendar!................................................................................. 19Board of Governors’ update.................................................................... 20Editor’s Corner: Your Out-of-State Division wants tohelp grow your practice......................................................................... 22Contributing authors................................................................................ 23COVER:THE NEW JERSEY STATE HOUSEPhoto credit: WikipediaThe New Jersey State House is located in Trenton and is the capitol building for the U.S. stateof New Jersey. Built in 1790, it is the second-oldest state house in continuous legislative usein the United States; only the Maryland State Capitol in Annapolis is older. The building is currentlyhome to both chambers of the New Jersey Legislature (the New Jersey Senate and theNew Jersey General Assembly), as well as offices for the governor of New Jersey, lieutenantgovernor of New Jersey and several state government departments.flabaroutofstaters.org 2 State-to-State — <strong>Summer</strong> <strong>2014</strong>
Colleagues:Well, this willbe my last columnas president of theOut-of-State Division.We’ve hadsome great accomplishmentsI’d liketo share. It’s beena privilege to serveD. WORKMANas president for twoyears and to work with a great and talentedgroup of attorneys. Your officerswork diligently to serve our members.We conducted another successfulreception, this time in Nashville, Tenn.,on April 3. We co-hosted with the YoungLawyers Division in conjunction withtheir out-of-state meeting. These gatheringsare open to Florida Bar members,and we invite you to join the <strong>OOS</strong>Division to participate in the benefitsof membership.We continue to make progress on TheFlorida Bar Out-of-State President’sGoal and Objectives for 2013-<strong>2014</strong>.You can find them on page 4. I describethese as a “checklist” for what we needto accomplish, and they also will serveas a grading system on my performanceand what we accomplished duringmy presidency.Here’s an update on where we areso far on some of our objectives forthis year:Annual meeting: We are eagerlyplanning events in conjunction withThe Florida Bar Annual Convention,which is scheduled to take place atthe Gaylord on June 25-28, <strong>2014</strong>, inOrlando. We will conduct the annualmeeting of the <strong>OOS</strong> Division, duringwhich the officers will be sworn intooffice by the president of The FloridaBar.Continuing legal education:The division continues to focus onincreased webcast continuing legaleducation seminars. In December,<strong>OOS</strong>D President-Elect Tim Chinarispresented Ethics in an Age of Technologyfor an hour of ethics credit. InFebruary, Christopher Marquardt,treasurer of the Out-of-State Division,presented Non-Traditional Labor:President’s messageWrapping up the year as presidentRecent NLRB Enforcement Activityin Non-Union Workplaces by webcast.In March, we presented a CLE courseco-hosted with the Young LawyersDivision. It was entitled The FourthAmendment: What Can Be Found onCell Phones With Ethics Update. IanComisky, one of our executive councilmembers and governor, chaired thepanel, which featured William Ridgway,assistant U.S. attorney for theNorthern District of Illinois, and GinaSpada, member of the InternationalAssociation of Privacy Professionals.In April, we featured Dena Kesslerfrom BakerHostetler, who presentedBankruptcy: Navigating the AutomaticStay, Discharge, Preferenceand More. Next up was a web CLEthat I presented, entitled Attorney’sFees in Bankruptcy: Fee Applications,Disclosure Requirements and More.Both the April and May CLEs wereco-hosted with the YLD.As you can see, we’re striving tooffer more CLE opportunities forour membership. The webinars areavailable to members with accessto the <strong>OOS</strong> Division website (www.flabaroutofstaters.org). We’re enthusiasticabout expanding our offeringsand would value your input.Long-range planning and bylawsreview: We organized a specialcommittee to ensure that our bylawsreflect the current needs of our members.We also continue to evaluate thedivision’s long-range plan so that weenhance value to out-of-state lawyersand encourage their participation asmembers.Diversity: We actively encouragedwomen, minorities and diverse groupsto participate and join. Such an effortis a top priority with Florida BarPresident Eugene Pettis, as it is for me.We also focus on increasing geographicdiversity. The Long-Range PlanningCommittee will continue to addressthis topic, and we would value yourinput and participation.<strong>OOS</strong>D publication: The Stateto-Statecontinues to provide greatoutreach and substantive articles. Wesend each edition electronically to allout-of-state Bar members, a circulationof well over 13,000 lawyers. Pleasenote the advertisers in this edition.We encourage you to support thesecompanies, even if you just reach outand thank them. We welcome you tosubmit articles, and we will strive topublish them all. We also include adescription of you and your practice.There’s no secret—we want to help youget out the word about you. So, send usyour articles!Webpage: The <strong>OOS</strong>D InformationCommittee has been working to updateand improve the division’s webpage.You can access the State-to-State,CLE, ethics programs and a variety ofinformation. We continue to look forimprovements. Please let Mindi Wellsor Tiffany McKenzie know any ideasor suggestions. We’d love to have yourhelp, so please contact us.Speaking of your input, you’ll see thecontact information of the officers andexecutive council members in this edition.We are here to serve you. We wantyour thoughts on how we can seize opportunitiesto better serve out-of-statelawyers. We want to help your practiceand help you do your job.We will be guided in all we do byour promise to you in accord with the<strong>OOS</strong>D bylaws “to assist out-of-statelawyers: in administrative, educationaland practice development issues; withpro bono activities; in relocating toFlorida; and in establishing a networkof out-of-state members.” That’s a bigpromise; we could use your help. Pleasejoin us in this very worthwhile pursuitto make this a great year of opportunitiesand to finish strong!Thank you for the opportunity toserve. Many thanks to the <strong>OOS</strong>D officersand council members who havebeen so supportive. I also want to thankSusan Trainor and Matt Kahl for theireditorial assistance on the State-to-State. And thanks to our administrator,Willie Mae Shepherd, for all she does tokeep the division functioning.Best wishes to Tim Chinaris, ourincoming president.flabaroutofstaters.org 3 State-to-State — <strong>Summer</strong> <strong>2014</strong>
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