< PreviousThe currently riotous politi- cal climate in the USA tends to overwhelm our awareness about political controversies in oth- er countries. There is only so much news the American public can take in, which limits the space and airtime devoted to political issues in other countries. However, everyone has heard about “Brexit” - Britain’s exit from the European Union. Actually, it is not Britain that is leaving the Euro- pean Union, but the United Kingdom (UK) which is made up of Great Brit- ain (England, Scotland and Wales) and Northern Ireland. In sound bite and media-driven world, “UKexit” does not roll off the tongue as well as “Brexit.” Please excuse us if we refer incorrectly to the UK’s exit from the European Union as Brexit. Everyone else is doing it! IT’S ALL ABOUT “THE PLAN” A primary issue with the exit is wheth- er there will be an actual plan for the UK’s departure from the European Union. Presently, there is no agree- ment on a plan, although numerous variations have been proposed. One major sticking point has been how to work around past agreements that resolved conflicts relating to the bor- der between Ireland (in the European Union) and Northern Ireland (in the UK). The most recently announced depar- ture date for Brexit to happen is Janu- ary 31, 2020. The UK’s departure may occur on this date (or the Brexit date may be moved back once again, for a fourth time), although the news out- lets describe the January 2020 depar- ture date as one that is not going to be extended. What does the departure of the UK from the European Union mean to your client’s intellectual prop- erty rights in the UK and European Union? It all depends on whether there is a plan or not. PATENTS The European Patent Office (EPO) (formed in 1977) is an organization independent of the European Union (formed in 1993). The EPO provides a single procedure to obtain a patent, but the European patent is not a pat- ent that itself can be enforced. A Euro- pean patent must be validated in each member European country (resulting in individual country patents) where patent rights are desired. Enforce- ment is then conducted on a country specific basis and not European wide. Brexit will have NO effect on the granting of European Patents because the EPO is not a child of the Euro- pean Union. When the UK leaves the 28-member European Union, it will still be a member of the 38-member European Patent Organization, the governing body of the EPO. However, enforcement of a European patent may then be a different matter. Before Brexit was even a thought, the concept of having a Unified European Patent Court for singularly enforcing European patent rights in all the Eu- ropean Union was formulated (actu- An Exit for the Ages Z. PETER SAWICKI AND JAMES L. YOUNG | Intellectual Property Z. PETER SAWICKIJAMES L. YOUNG Mr. Sawicki and Mr. James L. Young are shareholders at Westman, Champlin & Koehler. Pete and Jim both have over 30 years of experience obtaining, licensing, evaluating and enforcing patents. Each has also developed an extensive practice regarding the clearance, registration, licensing and enforcement of trademarks. They work closely with clients to understand their values and business plans and provide customized and effective strate- gies for intellectual property asset procurement, growth, management and protection. To contact Z. Peter Sawicki, call (612) 330-0581 or call James L. Young at (612) 330-0495. Please email them directly at either psawicki@wck.com or jyoung@wck.com. Brexit - Britain’s exit from the European Union. Actually, it is not Britain that is leaving the European Union, but the United Kingdom (UK) which is made up of Great Britain (England, Scotland and Wales) and Northern Ireland.” ATTORNEY AT LAW MAGAZINE · MINNESOTA · V OL. 9 NO. 1 10ally this “idea” was negotiated for decades). The agreement to form this unified court (and along with it a “Unitary Pat- ent System”) was signed in 2013 but does not take effect until ratified by 13 European countries, including the UK, France and Germany. Much of the groundwork for imple- mentation of the Unified Patent Court and Unitary Patent System has taken place, such as having one of the courts sit in London. It was intended that the Unified Patent Court would resolve disputes related to both European Patents and Unitary Patents. If the UK leaves the European Union without a plan, then what? How are European patents going to be enforced in the UK? Can a Unified Patent Court ruling on a German- validated EPO patent have any effect in the UK relative to the same UK-validated EPO patent? With no plan, we may assume that a Unitary Patent will have no effect in the UK since it is a creature of the European Union, maybe. If the UK leaves the European Union with a plan, then what? We don’t know, since there is no plan. TRADEMARKS Virtually each European country has its own trademark registration office. Registration is actually more important (if that can be said) outside the USA since common law trademark rights are typically given little weight in other countries. The European Union also has its own trademark regis- tration system via the European Union Intellectual Property Office (EUIPO), where a single trade- mark registration provides rights in all 28 European Union mem- ber countries. Until Brexit occurs, the accepted advice has been to continue filing using the EUIPO trademark system. The assump- tion is that with or without a UK exit plan, the result after Brexit will be the same, namely that the UK trademark office will recognize a EUIPO trademark registration and permit the owner to continue those rights under a new and dis- tinct UK registration. It’s all only talk, but if California succeeded from the USA (“Calex- it”) or the Province of Quebec sep- arated from Canada (“Quebexit”), the issues would be more compli- cated, and on many other levels as well, especially without a plan. www.AlmeidaPA.com Client Focused - Results Driven 20 ALMEDA Ad.indd 112/22/19 6:48 AMLAW FIRM OF THE MONTH Triple Advantage Advocacy BY H. K. WILSON SIEBEN EDMUNDS MILLER There are events that occur in an instant and carry lifelong consequences. At these critical moments, people often turn to an attorney for help. The attorneys at Sieben Edmunds Miller PLLC work exclusively in the areas of criminal defense and personal injury, and they under- stand that navigating the complexities of the le- gal system while facing the odds against govern- ment agencies or big insurance companies can feel overwhelming. For persons charged with a crime and seeking a vigorous defense, or in- jured persons seeking a zealous advocate, Kevin Sieben, Samuel Edmunds and Michael Miller are poised to answer the call. ATTORNEY AT LAW MAGAZINE · MINNESOTA · V OL. 9 NO. 1 12Kevin Sieben’s legacy of justice goes back three genera- tions in Minnesota. His family includes notable mem- bers of the bar, military and legislature. Their collective dedication to public service made for lively conversation around the kitchen table, and he says that hearing stories of how the law can help people inspired him to follow the same path. While earning his law degree from William Mitchell College of Law, Sieben also worked as a certified student attorney for the Dakota County Attorney’s Office. There, he cultivated his passion for the criminal justice system and gained important insights about the many faces of justice. He has since committed his career to ensuring that those accused of a crime receive fair treatment by governmental authorities. “People think being a prosecutor is the easier job,” he says.“To me, it was harder, because I felt like I was the principal pun- ishing the students. As defense attorneys, people come to us in need of help. Whether someone is falsely accused, or they com- mitted the crime, we’re here to make sure they get a fair hearing under the law and they don’t get more than they deserve.” AttorneyAtLawMagazine.com 13Sieben’s partners describe him as a creative lawyer who never loses sight of the big picture. Edmunds adds, “I would say that Kevin has been a lawyer since before he even started law school. He has a natural talent in the law that not many people have. Kevin doesn’t take the easy way out. What sets him apart from other lawyers is that he puts in the extra effort that most lawyers wouldn’t think to do. He has a passion for the law and for representing the people that need his help. He stands up for the under- dog going against the most powerful parts of the govern- ment.” Samuel Edmunds came to the law via a different path. As a college student, he be- came heavily involved in student government and ac- tivism. During his exposure to politics, he observed that many successful legislators and politicians were also lawyers. He graduated cum laude from William Mitchell College of Law, where he received the CALI Award of Excellence in Criminal Law and went on to prosecute criminal cases for cities in Da- kota County and surrounding areas. In 2013, Edmunds joined forces with his law school chum, Sieben, expanding Sieben’s established criminal defense firm. Edmunds is a Certi- fied Criminal Law Specialist accredited by the Minnesota State Bar Association, a distinction held by fewer than three percent of practicing attorneys. He han- dles criminal cases throughout Minne- sota and Wisconsin. “We try to be a law firm that takes the extra step,” Edmunds says. “We put in the extra effort that helps us achieve better re- sults for our clients. In our practice areas, it’s easy for a lawyer to sign up a new case and then settle quick- ly by taking a plea offer or insurance set- tlement immediately. We try to do the opposite. We tell our cli- ents that we’ll do everything in our power, experience and expertise to work for them to achieve a better outcome.” Sieben says that Edmunds’ humanity and strategic thinking elevate the firm and every- one around him. Miller agrees. “Sam is always three-to five steps ahead,” he says. “That’s how he sees everything. He is a chess player where he is always masterfully looking ahead at his next strategic move.” Michael Miller is also a graduate of William Mitchell College of Law, and like Sieben, he grew up in a family of lawyers. His mother is a retired judge and now a mediator, and his father is a lawyer, as is his brother. Miller be- gan his career as a judicial extern in the U.S. District Court and clerked for two Hennepin County District Court judges before spending 15 years as a trial lawyer at a prominent per- sonal injury firm in Minneapolis. He joined longtime colleagues Sieben and Edmunds in 2018, broadening the scope of the firm’s al- ready active personal injury practice. “I’ve always worked in personal injury — it’s all I’ve done,” Miller says. “I love represent- ing people who need help. I’ve always been a caretaker, and personal injury law requires caretaking and counseling, as well as legal know-how and trial skills. I make sure clients have a voice when they need it.” According to Sieben, Miller’s passion for the law and compassion for people make him an ideal fit at the firm. Edmunds comments, “Mike zealously pursues his clients’ interests and is aggressive when going up against the insurance companies. Mike is a lawyer that actually cares about his clients, and he does everything in his power to obtain the best possible outcome for them.” All three attorneys emphasize that theirs is a thoughtfully growing practice, focused on key practice areas and designed to sustain personal relationships with clients. “Hav- ing a good reputation is important to us, not just with our clients, but with judges, oppos- ing counsel and adjusters,” Miller says. “They have to know that the people at this firm are honest, ethical and aggressive for us to get re- sults, and these qualities are vital in anyone we may hire. Our growth as a firm has to be done the right way.” He continues, “In our practices, there are so many different moving parts as opposed to a one-on-one business transaction. We have to be able to relate to, understand and listen to clients in order to effectively communicate with other parties involved.” KEVIN SIEBEN SAMUEL EDMUNDS ATTORNEY AT LAW MAGAZINE · MINNESOTA · V OL. 9 NO. 1 14At a Glance SIEBEN EDMUNDS MILLER PLLC 2299 Waters Drive Mendota Heights, MN 55120 (651) 994-6744 siebenedmunds.com Practice Areas Criminal Defense: DWI Offenses Drug Crimes Felony Crimes Assault Offenses Expungement Personal Injury: Car Accidents Wrongful Death Slip or Trip and Fall Motorcycle Accidents Catastrophic Injuries Professional Memberships Minnesota Association for Justice Minnesota Society for Criminal Justice Minnesota Association of Criminal Defense Lawyers American Bar Association Minnesota State Bar Association Academy of Certified Trial Lawyers of Minnesota Douglas Amdahl Inn of Court MICHAEL MILLER “As criminal defense and per- sonal injury attorneys, we meet our clients during stressful and troubling times,” says Edmunds. “We try hard to be understanding. We also don’t pass judgement on what somebody did. Our motto is, ‘We don’t judge you. We defend you.’ People make mistakes, and our clients sometimes have made mistakes that get them in trouble with the law. We believe that no matter what someone has done, they deserve the strong legal de- fense that is the promise of our Constitution. Sometimes, we are the only person in their corner, their only friend. I also do lot of pro bono work specifically in the area of criminal expungement, where people may have made a mistake years ago and have to live with a criminal conviction on their record.” Collectively, these award-win- ning attorneys have earned nu- merous accolades that salute their dedication to justice, and they enjoy a 10.0 Superb Avvo Rating. Each takes an active role in all levels of professional leadership and gives generous service to the community. Miller is a Life Fellow of the American Bar Foundation and was recently elected State Delegate to the American Bar Association’s House of Delegates. Edmunds was named a 2018 At- torney of the Year by “Minnesota Lawyer” for his pro bono repre- sentation of a client in a criminal expungement case. Sieben recent- ly served as President of the First District Bar Association and was appointed chair of the state bar association’s working group for security access to courthouses for attorneys. Sieben, Edmunds and Miller want referring attorneys to know that they will treat their loved ones, family members, friends and cli- ents as their own. “We’re honored to have other lawyers refer cases,” Miller says, “and we take our rep- utation very seriously. We want our colleagues to have confidence when they send people to us.” The attorneys agree that who they are outside of the profession is important to who they are as lawyers. “It’s good to be able to take a break and focus on some outside activity,” Miller says. Be- ing out in the community is a good thing. But that lawyer ‘hat’ never truly comes off, because no matter what you’re doing, you’re still representing the profession.” Sieben is a father and an avid golfer. He says the sport helps him cultivate the qualities of patience, humility, strategic thinking and fairness. Edmunds just welcomed his fifth child, and he is a musi- cian. He looks forward to some- day having time to resume scuba diving in exotic locations around the world. Miller is a lifelong equestrian who grew up showing horses nationally. He says riding can be similar to the law in terms of preparation. “You’re always looking to improve. You must put in the time to learn, and that never stops.” Representing clients in crimi- nal matters from traffic tickets to serious felonies, and in per- sonal injury matters from auto collisions to wrongful death, the attorneys at Sieben Edmunds Miller are skilled trial advocates who care deeply about the cause of justice. “I think that what makes us stand out is the passion we have for helping people get justice,” Sieben says. “We think of ourselves as friendly bulldogs. We can be the nicest guys, and we’d rather approach things with honey rather than with vinegar. We’re always cordial to opposing counsel, but we can’t always reach an agreement. When we have to get in there and litigate, we’ll fight to defend our client or pursue our client’s claims. We know the pro- cess and the system, and we have the trial experience to get the right results.”In the law, as in life, there are moments that call for compromise. But according to Sonia Miller-Van Oort, co-founder of Sapientia Law Group, there is never a time for compromising one’s values. Reflecting on her firm’s eight-plus years as defenders of justice, champions of diversity and innovators of the law firm model, she says she and her colleagues remain committed to adapting elevated methods for serving their clients, community and the profession. When Miller-Van Oort and five other attorneys established this diversity-focused law firm in 2011, they declared its guiding principle right in the name. Sapientia — wisdom in Latin — has been the touchstone for every decision, with an eye to expanding upon the traditional law firm model to create an inclusive, collaborative practice that delivers extraordinary results and singular value. The firm has grown to 10 attorneys who are united in delivering outstanding legal representation in a variety of business-related matters, and its client roster has continued to flourish alongside its reputation for uncompromising legal representation. In 2019, Sapientia Law Group received the Diversity & Inclusion Award from “Minnesota Lawyer,” and in 2018, the firm was honored by the National Association of Minority and Women Owned Law Firms as “MVP Law Firm of the Year.” Miller-Van Oort’s contributions to the profession include her service as a past president of the Hennepin County Bar Association, past president of the Minnesota State Bar Association, and her current role on the American Bar Association’s Standing Committee on the Federal Judiciary. She is SAPIENTIA LAW GROUP GOVERNED BY MORE THAN THE LAW WRITTEN BY H. K. WILSON “We are striving very purposefully to do things differently,” ATTORNEY AT LAW MAGAZINE · MINNESOTA · V OL. 9 NO. 1 16Sapientia’s president and chief manager. She explains how Sapientia’s model differs from the “traditional” law firm concept. “I tend to think of traditional firms as organizations that are largely founded on hierarchy, a pecking order and valuation of people based on that structure. You see that reflected in how a firm operates, the titles it uses, the name of the firm and even by how internal offices are laid out. Hierarchy dictates what kind of interactions are acceptable between people in different echelons of the firm. Decision makers are historically individuals who are rainmakers and/or those who have specific connections with important clients. But when you step outside of the world of law firms, you see corporate and management structures focused on strengths and skillsets that are needed for particular leadership roles. So, being the top salesperson is valued, but it may not translate to being the CEO, sitting on a finance committee or even being a manager.” Sapientia’s internal management structure is made up of a president/chief manager, Miller- Van Oort, who manages the firm’s business operations, finances and attorney team; a firm controller, Terri Claycomb, who handles accounting and finances for the company, oversees staff and administers employee benefits; and an administrative executive team, Towle Neu, Jonathan Strauss and Miller-Van Oort, an advisory group that takes on responsibilities related to client relations, professional development, alternative fee arrangements and billing options to clients, marketing and external public relations, mentoring, quality assurance, technology and pro bono initiatives. Miller-Van Oort says the result is strength-based leadership, rather than title-based, seniority-based or revenue- based designation of leadership. “We are striving very purposefully to do things differently,” she says. “From the beginning, we’ve tried to take ourselves out of the mindset of, ‘What should we do as a law firm?’. Instead, we focus on what innovative businesses are doing, what makes them work, and how we can take those ideas and put them into a law firm model.” To that end, Sapientia maintains an Innovation Advisory Board made up of thought leaders from the legal and business communities, and from organizations both small and large. “It has provided us with a resource to learn from and created accountability because these individuals have invested in our success.” With a flatter management structure and more transparent working environment than the typical law firm, team members understand exactly what is being valued and how compensation is derived from those values. Miller-Van Oort explains, “Practicing law is never easy, and managing a business is never easy, but having clear principles, goals and metrics makes it easier. We recognize that there is room for improvement for every single person here, and for the firm, always. If something is not working well, we call it out. The only way to keep improving is to have candid communications. The business upside is productivity, efficiency, no office politics and a positive workplace culture.” She continues, “One of the things I’m most proud of and that does work well is our well-defined compensation structure where everybody knows exactly how it works. We’ve taken the values of the firm and assigned a monetary value to them, so that each person knows how they will be rewarded at the end of a profitable year. By assigning specific profit to each value we have, we are putting our money where our mouth is. As an attorney, there are certain areas that I know I’m good at, and some where I’m not as good. You can be a huge revenue generator and be rewarded for that, but our system mandates acknowledgement of the other compensated values and the need for people in the firm to excel in those categories as well. Whatever model you’re using, it needs to be transparent so that people are clear on how their contributions will be measured and rewarded.” “One of the things I’m most proud of and that does work well is our well-defined compensation structure where everybody knows exactly how it works. We’ve taken the values of the firm and assigned a monetary value to them, so that each person knows how they will be rewarded at the end of a profitable year.” AttorneyAtLawMagazine.com 17For the last eight years, approximately 55 percent of Sapientia’s annual revenue has come through adaptable billing options, evidence that clients love working with a diverse and collaborative legal team that delivers services via alternative means. “There is a lot of talk by firms recognizing that this is what clients want, but few can say they are consistently using alternative fee structures. This part of our model has been well received, and what flows from that is when lawyers are no longer working under the billable hour, they work more as a team. The client is no longer concerned with how many people are working on the file and how much time is being expended. They get a bigger, better team without necessarily paying more, and with it, better results.” Early on their journey, the business-minded attorneys at Sapientia were faced with a situation that challenged their commitment to their stated values. A defense-oriented litigation firm, the group was presented with a plaintiff’s case involving violations of the federal Driver’s Privacy Protection Act (DPPA), which safeguards the personal information of licensed drivers from improper use or disclosure. “What happened was an explosion that got a lot of news attention locally and nationally, and resulted in the legislative auditor of Minnesota doing an inquiry. A 2013 report found that at least 50 percent of law enforcement were making questionable and improper accesses of drivers’ personal data, especially that of women. People experiencing odd or concerning interactions with law enforcement started calling, and our firm took on select cases for about 30 different plaintiffs.” This fledgling firm decided to stand up to government entities and fight for justice and accountability, despite the demand of resources, the political controversy and uncertain outcome in this seldom litigated area of law. As a result, they are not only known for their complex business practice and clientele, but they have since become national DPPA authorities, with significant jury wins and many favorable negotiated settlements on behalf of their clients. Miller-Van Oort makes it clear that the firm’s values are not negotiable. “The DPPA cases were not what we planned to step into as a firm, but the issues were important, and someone needed to take them on. One of our values is to make a difference, and I think this is an example of us trying to do that. We said from the beginning that our non-traditional law firm would either fail or be a great success, but we’d do it our way. We remain committed to our underlying premise to keep innovating and improving. Clients are demanding new and better methods of services, and attorneys are realizing they can (and need) to approach the practice differently. It’s risky when you deviate from the status quo, but we believe it has been necessary and rewarding.” At a Glance SAPIENTIA LAW GROUP 120 South 6th Street, Suite 100 Minneapolis MN 55402 (612) 756-7100 sapientialaw.com Practice Areas Appellate Advocacy Bankruptcy Workouts and Insolvency Business General Counseling Business Litigation Employment Litigation Premises Liability Privacy Law Product Liability Real Estate ATTORNEY AT LAW MAGAZINE · MINNESOTA · V OL. 9 NO. 1 18Do you remember, back in the day, when we all wor- ried about Y2K? It seems to have turned out OK; but back then, we didn’t know that it would; worry- ing and planning were appropriate, indeed. (Fun and fond memory: When I used to speak bout Y2K issues, I sug- gested that we should have a special empathy for those who were busy plan- ning before the A.D. era – counting down from 11 B.C, to 7 B.C, to 3, 2, 1 …. Now THAT was cause for concern!) Anyway, hindsight, as we all know, is 20/20. But now we have the chance to look forward a bit – to mark the pass- ing of yet another decade; and to en- gage in some “20/20 foresight” upon the arrival of 2020. Here, then, are a few thoughts about what might be around the corner for our legal pro- fession and bar associations. Good news, to my mind; and reasons for optimism, even in the midst of much to do. First, an important event in our past will be remembered, learned from, and built upon during and for our future. On June 15, 1920, three young Black men from the travelling circus were lynched in our very own Duluth – our very own Minnesota. It was a night of lawless, gruesome and terror- istic killings. Elias Clayton and Elmer Jackson (1901-1920) and Isaac Mc- Ghie (1900-1920). During 2020, there will be a multi-month series of im- portant events designed to remember that past and build upon it toward our future – including the June 15, 2020 100th year commemoration events in Duluth, followed by the related June 16th programs in Minneapolis/St. Paul – featuring Bryan Stevenson of “Just Mercy” at both gatherings, and much, much more. Please be there. The Duluth community leadership intends to have at least as many there this coming June as were there in the murderous mob – in other words, thousands. Second, we will – and we will have to – develop new ways to meet the un- met civil legal needs of Minnesotans. Put simply, our current reality is nei- ther just nor sustainable. The num- bers are not only daunting, they can be crushing. We have fewer than 300 state court trial judges flooded with over 1,250,000 case filings each year – including a tsunami of self-repre- sented litigants who either cannot af- ford a lawyer or who do not want one. We have well under 300 poorly paid civil legal aid lawyers handling 30,000 cases each year and, with the help of private pro bono lawyers, closing over 46,000 cases each year. In response, a number of initiatives are evolving. For example, our own Rule 6.1 is coming more and more into the fore – still calling for 50 Pro Bono Publico hours per year for most practicing attorneys; or, in the alternative, call- ing for the donation of the financial equivalent of the value of those hours to legal services organizations trying to meet those needs; with an emerg- ing call for mandatory reporting of pro bono hours as a step toward eval- uating next steps. I join that call. Similarly, our Access to Justice Com- mittee has developed, and is propos- ing, new and important and effec- tive avenues for providing access to equal justice for Minnesotans (e.g., LawHelpMN). Along these lines, the Minnesota Supreme Court has or- dered the creation of an Implementa- tion Committee to develop a “pilot” to evaluate the wisdom and effective- ness of expanding the role of qualified para-professionals to include, under the supervision of an attorney, pro- viding some forms of legal advice and representing clients in court, in order to help address the un-met civil le- gal needs of low and modest income Minnesotans in one of a few speci- fied legal arenas. (Not, by the way, the Washington State “LLLT” model. Period.) On this front, the Chief Justice has reminded us that we can no longer merely “admire the problem” of ac- cess to justice for low and moder- ate income Minnesotans; we have to do something that matters and that works; I agree. Third, we will continue our dedica- tion to lawyer health and wellness. Our profession can be rewarding and fulfilling, but it can also be demand- ing. It can take a toll; it has its perils. Please attend our January 13 confer- ence on this important and troubling reality; and please look forward to at- tending and supporting what we hope will be a Spring Summit of the legal and corporate community to devel- op the promise that “It’s Safe to Seek Help to Be and Get Well.” Stay tuned. There’s more, of course. All of which reflects our core and continuing com- mitment – and obligation – of ser- vice and citizenship; key parts of the promise we make, and the oath that we take. These ideas and initiatives also help form our hopeful 20/20 vi- sion for 2020 – seeing and seizing, and sometimes creating, new and effective ways to make things better. THOMAS NELSON IS THE PRESIDENT OF THE MINNESOTA STATE BAR ASSOCIA- TION. 20/20 Foresight BY THOMAS NELSON AttorneyAtLawMagazine.com 19Next >