A TT ORNEY OF THE MONTH TIANA TOWNS NEXT GENERATION 2020 Special IssueFROM THE Publisher Amid the chaos that has come along with COVID-19, it’s refreshing to read the stories of emerging young legal talent such as those who are profiled in this Next Generation special issue. Though each Next Generation attorney featured has taken a different path, they all seem to share many similarities. Each is talented, driven, giving, and committed to serving their clients and teams. It’s also clear that each has tremendous firm sup- port, and that they have dedicated mentors to turn to for guidance, when needed. I’m confident you will find their stories uplifting. This issue of Attorney at Law Magazine also offers guidance on What to Do If Your Client’s Customer Files for Bankruptcy, and it examines the Myth that a Patent Can be Secret. We also present another “ON YOUR OWN” column, we are continuing the conver- sation on lawyer well-being, and much more. Given the current circumstances, without a doubt there are many new stories to share about overcoming challenges, successfully guiding clients and managing case files, and staying composed and engaged. As always, we’d love to hear from you about such stories. Please enjoy this issue and stay safe! Happy reading, David Seawell PUBLISHER 763-742-2805 DSEAWELL@ATTORNEYATLAWMAGAZINE.COM CONTRIBUTING Editors KENNETH C. EDSTROM BANKRUPTCY Z. PETER SAWICKI INTELLECTUAL PROPERTY JAMES L. YOUNG INTELLECTUAL PROPERTY Attorney at Law Magazine is published by: Target Market Media Publications Inc. David Seawell PRESIDENT & CEO INSIGHT MEDIA, INC. EXECUTIVE PUBLISHER ATTORNEY AT LAW MAGAZINE Howard LaGraffe VICE PRESIDENT Caitlin Keniston EDITOR Susan Cushing Veronica Jauregui ASSISTANT EDITORS Jaqueline Dávila GRAPHIC DESIGN Kenneth C. Edstrom Z. Peter Sawicki James L. Young CONTRIBUTING EDITORS Chris Aburime Leykn Schmatz Jeff Storms Terrie Wheeler H.K. Wilson CONTRIBUTING WRITERS Eclipse Productions PHOTOGRAPHY Copyright ©2020, Target Market Media all rights reserved. Reproduction in whole or part is strictly prohibited. Advertising rates on request. Bulk third class (standard) mail. Although every precaution is taken to ensure accuracy of published materials, Attorney at Law Magazine & Target Market Media cannot be held responsible for opinions expressed or facts supplied by authors. Corporate Office : 5828 North 7th Street, Suite 200 Phoenix, AZ 85014 Phone (480) 219-9716 www.tmmpublications.com • info@tmmpublications.com TARGET MARKET MEDIA TARGETMARKETMEDIA Northern Alabama | Atlanta | Chicago | Dallas | Ft. Lauderdale Jacksonville | Los Angeles | Miami | Minnesota North Carolina Triangle | Ohio | Philadelphia | Phoenix | San Antonio Salt Lake City | Middle Tennessee | Washington D.C. ATTORNEY AT LAW MAGAZINE · MINNESOTA · V OL. 9 NO. 5 2TABLE OF Contents 12 4 MythBusters: The Secret Patent By Z. Peter Sawicki and James L. Young 6 Staying Positive and Productive During the COVID-19 Pandemic By Terrie Wheeler 8 Holly Dolejsi Taking a Stand for Justice 10 Cole A. Hickman Solving Complex Problems with Practical Solutions 12 Tiana Towns Attorney of the Month 15 Empowering the Next Generation By Leykn Schmatz 16 What to Do If Your Client’s Customer Files Bankruptcy? By Kenneth C. Edstrom 18 You Don’t Need a Rock Bottom to Quit Drinking Help is Available By Chris Aburime 20 On Your Own: Talk Less, Smile More By Jeff Storms SPECIAL SECTIONS 21 Talk of the Town 8 10 AttorneyAtLawMagazine.com 3A long time ago – before we had the internet and Snopes to sort such things out - there was a rumor that Standard Oil, a large oil company at the time (perhaps the largest in the world) purchased a pat- ent for a carburetor that would give a car the ability to go 100 miles per gal- lon. A key feature of this rumor was that Standard Oil kept this patent a secret so no one would know about this amazingly efficient carburetor because if that patented carburetor invention was used in cars, Standard Oil’s sales of gasoline would plummet. Myth or fact? CAN A PATENT BE SECRET? The short answer is NO! Secret pat- ents, like unicorns and leprechauns, are myths. The remarkable thing about this myth is its longevity. Even well-informed people today could be- lieve that there might be some truth to this myth. We are here to tell you there is not. Once granted, a patent is a public document (hence, not a secret). This holds true not only for U.S. patents but also for patents in other countries. Patents and secrets are mutually ex- clusive. You cannot obtain a patent on technology you want to keep secret from your competitors or the general public. One reason the subject matter of MythBusters: The Secret Patent Z. PETER SAWICKI AND JAMES L. YOUNG | Intellectual Property Z. PETER SAWICKIJAMES L. YOUNG Mr. Sawicki and Mr. Young are shareholders at Westman, Champlin & Koehler. Pete and Jim both have over 30 years of experience obtaining, licensing, evaluating and enforcing pat- ents. 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 strategies for intel- lectual 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. a patent cannot be kept a secret is because the patent gives the owner a limited right of excluding others from practicing the patented invention. These “others” need to know exactly what they are being excluded from doing. When a patent application is filed, it is confidential. However, that se- crecy ends when the patent applica- tion is published, or when the patent is granted. For many, the distinction between a patent and patent ap- plication gets muddled. The differ- ences between a patent and patent application are important, not only for today’s read, but for a number of other reasons like infringement and enforcement. A patent application is ATTORNEY AT LAW MAGAZINE · MINNESOTA · V OL. 9 NO. 5 4created when the application is filed in the U.S. Patent Office. The applica- tion continues to exist as an applica- tion until the day it becomes a granted patent by the U.S. Patent Office. Re- member . . . important concept! PATENT APPLICATIONS CAN BE SECRET Not so long ago (prior to Novem- ber 29, 2000), a patent application was secret from the time of its filing until the date the patent was granted. The American Inventors Protection Act changed that – a patent application is now published 18 months from its effective filing date (18 months was chosen since this was the norm for patent applica- tion publication by most foreign patent offices). The publication of U.S. patent ap- plications was, as you have prob- ably surmised, an effort to “harmo- nize” at least this aspect of U.S. pat- ent law with the rest of the world. But wait, we did not completely harmonize. An ap- plicant can still keep a U.S. patent ap- plication secret if the U.S. patent office is advised when the application is filed that the applicant has no intention to file foreign patent applications. If a patent applicant files such a nonpub- lication request and later changes its mind and wants to file foreign patent applications, there is a procedure to rescind that nonpublication request. PROVISIONAL PATENT APPLICATIONS U.S. provisional patent applications are secret during their pendency and are not published. Provisional patent applications are not examined, last only for 12 months and then automat- ically expire. The content of a provi- sional patent application can continue in a patent application beyond that 12 months but only in the form of a non- provisional patent application filed before that 12-months is up. In most situations, the provisional patent ap- plication stays secret until the non- provisional application is published, when the provisional application is then made accessible and is thus no longer secret. This is the case even when the non-provisional patent ap- plication is abandoned after it is pub- lished and never issues as a patent. There are also further exceptions to the secrecy of a provisional patent application. If the provisional is refer- enced or incor- porated by refer- ence in another published patent application, the provisional appli- cation file can be accessed. DESIGN PATENTS Again, our har- monization with the rest of the world went only so far. As was the case before 2000, a U.S. design patent application is se- cret from its filing date until that pat- ent application’s grant date, unless the design application was referenced or relied upon in another published pat- ent application or in an international design application. Remember, publi- cation is ultimately a good thing, for establishing the scope of exclusivity enjoyed by the patent owner. NATIONAL SECURITY If the U.S. government determines that the disclosure of an invention via the patent process will adversely af- fect national security, the patent ap- plication can be kept secret. 35 USC § 181. However, this statute does not prohibit the inventor from publicly disclosing the invention outside of the patent process. Touché? “Once granted, a patent is a public document (hence, not a secret).” AttorneyAtLawMagazine.com 5Because of the global COVID-19 pandemic, law firms are scrambling to deliver services remotely while maintaining the continuity of their work. We thought it would be help- ful to provide a summary of the technology tools we have used to remotely deliver our services as a virtual marketing company since 1997. It is our hope that you will be able to minimize the impact this pandemic could have on your practice by relying on technologies, many of them free, to continue “meeting” with your clients. Our goal is to present tools we think are easy, intuitive, and effective. CREATE YOUR OWN VIRTUAL CONFERENCE ROOM We have used everything from Skype, to GoToMeeting, to Zoom and Microsoft Teams to easily connect with our clients. Our favorite program is what we currently use: Whereby.com. Here, you can create your own personal conference room where the only technology that is needed is a camera, microphone, and speakers (standard issue on laptops today). Whereby is FREE for a room that accommodates 4 people. For less than $100 per year you can upgrade to Whereby premium and host up to 12 participants. MAKE IT EASY FOR CLIENTS TO SCHEDULE MEETINGS WITH YOU Reassure your clients and let them know you are here for them, that you are accessible and available to them. We use a tool called Ap- pointlet.com, which integrates with Google Calendar, Office 365, and other calendaring programs. Appointlet.com automatically blocks out time you have meetings scheduled and only offers the open times you des- ignate. You set up your meeting options (15-minute brief consultation, 30-minute call, 60-minute client meeting, etc.) and your clients simply click a link on an icon to “book now” with you. DELIVER HIGH QUALITY EDUCATION VIA WEBINAR There is no need for you to stop educating your cli- ents on topics that are important to them. Rather than in-person programming, consider offering webinars. For years, we have used GoToWebinar.com. We have found this format works well and allows us the ability to create Staying Positive and Productive During the COVID-19 Pandemic BY TERRIE S. WHEELERinvitations, manage responses, and record our webinars. That way we can send links to our clients and friends allowing them to click and play our webinar from the comfort of their remote offices. Another great thing about webinars, is that you can promote them on social media, include them in communications, and create a Webi- nar Archive to feature your past webinars. COMMUNICATE WITH YOUR CLIENTS! Particularly during difficult times, it is important to communicate with your clients and contacts. We have used several e-communica- tion tools and MailChimp.com is our favorite. If you have 2,000 or fewer contacts, this program is free! Even if you have more contacts, the next plan up is only $9.99 per month. Think about what you want to communicate to your clients – including how your firm is preparing for the continued impact of the COVID-19 pandemic. Reassure your clients that just because your team will likely be working remotely, the services you have been providing will continue uninterrupted. STAY CONNECTED ON SOCIAL MEDIA It’s important to remember during this time of isolation that social media used to be referred to as social networking. You still need to continue your networking efforts during this time – but do it from the safety of your home office. Now is a great time to stay connected with your friends, colleagues, clients, and family members using social media. Be a positive force in social media discussions about how you and those you know are taking care of yourselves by working from home without jeopardizing important relationships. Discuss the tools and techniques you are using to maintain your personal productivity as well as your sanity during this unprecedented time. Remember that we are all tied and connected to others who are go- ing through the same thing we are. I personally aspire to be a source of the many positive ways we can use simple technology tools available to stay connected to one another. FOR OVER 25 YEARS, TERRIE S. WHEELER, MBC OF PSM MAR- KETING, HAS BEEN HELPING LAWYERS AND LAW FIRMS DEVEL- OP HIGH-IMPACT, LOW-COST MARKETING STRATEGIES THAT DIFFERENTIATE YOU AND YOUR FIRM. TERRIE TEACHES MAR- KETING AND CLIENT SERVICE AT MITCHELL HAMLINE SCHOOL OF LAW AND THE UNIVERSITY OF ST. THOMAS SCHOOL OF LAW. Particularly during difficult times, it is important to communicate with your clients and contacts. We have used several e-communication tools and MailChimp.com is our favorite. Reassure your clients and let them know you are here for them, that you are accessible and available to them. As a partner in the Mass Tort group at Robins Kaplan LLP, Holly Dolejsi is a champion of justice, most often on be- half of persons who have been harmed by medical devices or pharmaceuticals. Her practice demonstrates her abiding belief that all people, regardless of their social or economic status, should have access to the protections of the legal system. Dolejsi grew up in Minnesota as the middle child of four. Always studious, she was accepted to Northwestern University, where she earned her bachelor’s degree in anthropology. After she had difficulties finding employment in her field, she secured a position as a temporary legal secretary at a local plaintiffs’ law firm. What began as a six-week gig turned into a career. She stayed on as a legal secretary for the next three years, attended law school at William Mitchell College of Law and returned as an associate attorney. “I appreciated helping people in desperate situations, and the team aspect of legal work, especially litigation, really appealed to me,” Dole- jsi, says. “Being in that environment helped me understand what it meant to be a lawyer in terms of the amount of work and the unpre- dictability of litigation.” Dolejsi followed her mentor to Robins Kaplan, where there was an opening in the Mass Tort group. “He thought it would be the perfect fit for me, and he was right.” Recently, Dolejsi’s focus has expanded beyond medical device and pharmaceutical cases. She is currently handling cases on behalf of dozens of Native American tribes for damages caused by the opioid epidemic. Holly Dolejsi TAKING A STAND FOR JUSTICE BY H. K. WILSON 2020 NEXT GENERATION ATTORNEY “I appreciated helping people in desperate situations, and the team aspect of legal work, especially litigation, really appealed to me.” ATTORNEY AT LAW MAGAZINE · MINNESOTA · V OL. 9 NO. 5 8“I represent 27 Native America tribes. They, along with other Native American tribes, cities, counties and states, have sued manufacturers for creating the epidemic in their communities. Working with the tribes is a new expe- rience for me. We have an American Indian Law and Poli- cy group in our firm, and Tara Sutton and I were brought on to help on the mass tort side. It’s been a great col- laboration. I can’t even express how rewarding it’s been to represent the tribes, especially in this type of litiga- tion that is so impactful. It makes me want to get up every day and fight.” In a similar case, Dolejsi is rep- resenting the State of Minnesota against JUUL Labs, maker of vaping devices. “The State is bringing claims for creating the vaping epidemic in Minnesota. There are a lot of over- lapping themes in these cases, and I see it as a positive development in my practice to be able to work on behalf of industries and entities with the power to make big social changes.” Dolejsi says that Robins Kaplan’s formalized training programs and hands-on mentorship have contrib- uted greatly to her growth as a profes- sional. “All the senior partners in the department have given me great op- portunities and gone to bat to make sure I’m in the room for important meetings. It’s clear that the partners really want our employees to get as many great experiences as they can.” Since she became a partner herself, Dolejsi says she is embracing the opportunity to pay that mentorship for- ward. “As a new partner, I’m being taught how to take on a more managerial role and mentor others who are junior. When something needs to be done, I think about if there is someone who needs to get the experience, and make sure they get it. I’m learning that each associate has such a different work style, and trying to appreciate where they’re coming from, not just saying that they need to do it my way. I also take some cues from them to see if there’s something I can learn.” In 2018, Dolejsi was one of five at- torneys named “Member of the Year” by the Minnesota Association for Justice for creating an annual con- ference for women trial lawyers in Minnesota. Now in its fourth year, the conference is bringing dozens of women together in an informal set- ting for quality programming and meaningful conversations. “We really get to know one an- other and strengthen the network of women attorneys. It’s nice to be in a safe place where we can have an hon- est conversation about what obstacles women lawyers face.” Inside Robins Kaplan, Dolejsi gives time to the LGBTQ legal name change clinic in partnership with OutFront Minnesota. “This has been another incredibly rewarding experience. Access to the courts is something I’m really pas- sionate about, and something I try to speak about even outside the legal field. All people should be aware that they have the right to seek legal as- sistance. My commitment is that ev- eryone has access to justice.” ROBINS KAPLAN LLP 800 LaSalle Avenue, Suite 2800 Minneapolis, Minnesota 55402 (612) 349-8500 RobinsKaplan.com “All the senior partners in the department have given me great opportunities and gone to bat to make sure I’m in the room for important meetings. It’s clear that the partners really want our employees to get as many great experiences as they can.”Next >