Leadership Notes
From the Vice Chair: Spring Has Sprung, but “What’s So Great About DRI?”
From the Editor: The Art of Patience—and Impatience
From the Membership Chair: “Just Get One”
From the Vice Chair: Spring Has Sprung, but “What’s So Great About DRI?”
By Dwight W. Stone II
In Maryland, where I live and work, the spring weather has been beautiful lately and people are getting outside as much as possible to hike, bike, go to parks, eat and drink at outdoor cafes, and even safely socialize. With more and more people getting vaccinations, there seems to be an overall feeling of cautious optimism and hope that things can start getting more back to normal.
At my firm, many of us are also beginning to emerge from work-from-home “hibernation” and are working at the office again, at least part of the time. Based on my recent conversations with colleagues, there seems to be a common theme of wanting to give our practices a boost and position ourselves for greater success as we look ahead toward a post-pandemic future. I am guessing this might be happening in law firms around the country.
During one such conversation, a young associate asked for some advice on professional networking. “I know you have been very involved in DRI for a long time,” she said. “What’s so great about DRI?” As a former membership chair for the Commercial Litigation Committee (CLC), I am well armed for such questions! But rather than just go through the litany of benefits that I still know by heart (and which are all true), I also gave her a few personal examples. As it is my turn to write the “From the Chair” column, I thought I might share a few of them here as well.
Several years ago I was asked to defend a financial institution in a putative class action filed in a far-flung jurisdiction. Of course, I needed an excellent local counsel. I recalled meeting an impressive attorney from that jurisdiction at a DRI Commercial Litigation seminar and gave him a call, which turned into an excellent teamwork experience and an early victory for the client. Thanks to my DRI colleague’s knowledge of the judge and opposing counsel, we had an invaluable advantage.
Just a few days ago, a Maryland client asked if I could recommend local counsel to handle a litigation matter in Minnesota. Through DRI and the CLC, I have trusted attorney contacts in most states and Minnesota is no exception. I referred the client to one of our Steering Committee members, and she was very appreciative. In my experience, being able to provide these types of solid referrals for clients helps build the “trusted advisor” relationship that we all aspire to have with our clients.
But, as I explained to my associate, being actively involved in a DRI committee like the CLC does not just provide mutually beneficial business relationships. I have gained some great friends over the years through seeing them at our committee seminars and at the DRI Annual Meeting, as well as working together on committee calls, emails, Zoom meetings, etc. This is one of my favorite aspects of DRI. Yes, we “have each other’s back” when it comes to legal referrals or other assistance (e.g., conference rooms for depositions, advice on judges, experts, local laws and customs, etc.), but we also genuinely enjoy spending time together and catching up on family developments, our local sports teams, favorite new bourbon discoveries, and other “friend stuff.”
While our Business Litigation Super Conference in May will be virtual (and outstanding—please attend), the DRI Annual Meeting in Boston in October should be in-person. I cannot wait to see my old and new DRI friends there. A few years ago during the Annual Meeting a group of us discovered an amazing oyster bar in the North End, where we had a festive lunch and I ate the best lobster roll of my life. Moments like that are “what’s so great about DRI.” I hope to see you there!
Dwight W. Stone II is a partner in Miles & Stockbridge P.C.’s Baltimore office. Dwight’s practice includes products liability and class action defense, toxic tort and environmental claims, insurance coverage disputes, and other complex business disputes. He regularly represents clients before the U.S. Consumer Product Safety Commission (CPSC). Dwight is the Vice Chair for the DRI Commercial Litigation Committee and Immediate Past President of Maryland Defense Counsel, Inc.
From the Editor: The Art of Patience—and Impatience
By Sarah Thomas Pagels
As I prepare the spring newsletter for publication this year, the flowers and trees are coming out of their own hibernation. I am not a gardener, but I definitely am impatiently waiting for the flowers we planted last fall to wake up from their winter slumber. Every day that I wait for new buds to open, I am again reminded of the importance of patience. One of the original Apple marketing employees and “evangelist” marketing guru, Guy Kawaswki, once said that “Patience is the art of concealing your impatience.” This spring, many of us are emerging from not just our regular, seasonal hibernation, but also emerging from our COVID lockdowns. I don’t know about you, but I am often hit with feelings of both the need for patience and impatience at the same time.
While many of us are disappointed that the upcoming Business Litigation Super Conference will be held virtually instead of in person this May, we should be grateful that DRI and the incredible leadership team for this committee continue to strive for the best-ever content possible and the opportunity to still gather virtually. I for one am taking Mr. Kawasaki’s message to heart—I will be better about concealing my impatience now because I know that means that I will savor the reward of DRI’s in-person experiences again when they are available even more.
And what better way to get excited for the upcoming conference and future DRI in-person meetings than to review the latest issue of the Business Suit? In this issue, Vice Chair Dwight Stone shares some personal reasons why DRI matters, both now and in the new world “post” COVID. Membership Chair Matt Murphy shares his message “Just Get One,” with us, and introduces us to new committee member Jeffrey Sheehan.
We are also pleased to feature two of our SLGs in this issue, Class Actions and Financial Services. Both SLGs submitted timely articles that are relevant to our business litigation practices right now. Those that are impatiently waiting on the potential new administration’s changes in the Environmental Social and Governance (“ESG”) space, or who are worried about its potential impact on class actions should check out the article by Michael Stockham and his colleagues. The Financial Services SLG provides us with two different articles about recent trends in litigation over the Fair Credit Reporting Act. Mark Olthoff and Rodney Lewis’ article discusses the interplay between the Fair Credit Reporting Act and its affiliate agencies based on recent challenges by creative plaintiff’s lawyers provides helpful insight of this new litigation trend. You will not want to miss the guidance from Eric Hurwitz about other ways how to successfully challenge another creative theory in this litigation over alleged false statements that violate the act’s provisions based on an incomplete picture of the creditor’s “tradeline.” Finally, to round out our issue, we also are pleased to offer articles spotlighting recent decisions from the Canadian Supreme Court and the Vermont Supreme Court that bear on contractual interpretation issues.
All in all, reviewing and editing this issue has helped me conceal my impatience as I prepare to embark into a post-COVID litigation world where I hope to see many of my DRI friends in person. I hope it does the same for you.Sarah Thomas Pagels is a partner at Laffey, Leitner & Goode LLC in Milwaukee, Wisconsin. She is passionate about solving her client’s problems, and prides herself on taking the time to provide creative and thoughtful solutions to them. She focuses her practice on Commercial Litigation, Product Liability litigation, Toxic Tort matters and complex E-discovery disputes. She is the Publications Chair for DRI’s Women in the Law committee and on the Commercial Litigation committee’s editorial board.
From the Membership Chair: “Just Get One”
By Matthew Murphy
I remember the attorney who first got me involved in DRI, and the Commercial Litigation Committee in particular. I bet everyone reading this column remembers the person who introduced them too. I was a new associate at Nilan Johnson Lewis when Cynthia, a partner at the firm, asked if I would give a presentation at the young lawyers’ breakout session at the 2013 Commercial Litigation seminar in Washington DC. Of course, I said yes, and I’m glad I did. Cynthia accompanied me to the first-time attendee breakfast, took me on dine arounds, and introduced me to her friends. I’m glad to say many of the people I met at that seminar remain my friends (and are part of my referral network)! That speaking opportunity led to a writing opportunity in For The Defense, which led to a leadership opportunity within the CLC, which in turn has led to more speaking and writing opportunities. In fact, I would not be writing this column today if Cynthia had not encouraged me to become an active member of the CLC all those years ago.
The point is that introducing one young lawyer to DRI and the CLC can have a big impact on that lawyer’s career and contribute to sustaining the leadership of the committee. It is also incredibly easy to do! Just think of the person who introduced you to DRI, the value you gained from it, and how you can pay that forward!
If every person reading this column were to take five minutes right now to think of one newer associate at their firm who would value the outstanding benefits DRI membership brings, we would easily reach our recruiting goal and invigorate the CLC community!
If you have any questions about DRI’s membership benefits and incentives, please feel free to call or email me. Thank you for your help!
Matthew C. Murphy is an associate in Nilan Johnson Lewis PA's Minneapolis office, concentrating on product liability, commercial litigation, and white-collar criminal defense. He is admitted to practice law in Minnesota and New York. Previously, he was associated with a full-service law firm in New York City.