Volume 1, Issue 1

Chair’s Welcome

Practice Edge

• BioBlurb

•Claiming Pitfalls in Bioinformatics Patent Applications

• E-Tech Update

• Judicial Neuroscience Seminar

• SciTech Standards
Law Update

COLLEAGUE CONNECTION

Learn about Section
member professional updates.

section news

• Bylaws Revised

• Nominating Committee Report
• United Nations E-Contracting Convention
• Register Today for ABA Annual Meeting

Calendar/cle

Why Virtual Worlds Matter for Lawyers
Teleconference and Live Audio Webcast
Tuesday, June 24th, at 1pm EST

ABA Annual Meeting
New York City
August 7-12, 2008

Book Store

 If you are one of the many who have read about and heard about virtual worlds but do not really understand what a virtual world is, or even how to use appropriate terminology when discussing them, then this is the book for you. Learn more.

The SciTech Lawyer

 The Section’s quarterly magazine features practical and timely articles on a diverse range of science and technology law issues. This issue focuses on the impact of bioinformatics.

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The SciTech e-Merging News is published quarterly as a Section member benefit. Click here to join the Section. The material published reflects the views of the authors and has not been approved by the Section of Science & Technology Law, the House of Delegates or the Board of Governors of the ABA. © 2008 American Bar Association. All rights reserved.

SECTION NEWS

Nominees for 2008-2009
Officer and Council Member Elections

The 2008-2009 Nominating Committee, chaired by Ruth Hill Bro, is pleased to announce the following nominees for Section Officer and Council Positions for the 2008-2009 bar year:

Chair-Elect                Christine M. Grant
Vice-Chair                  Stephen S. Wu
Secretary                   Eric Y. Drogin
Budget Officer          Kimberly Kiefer Peretti
Delegate to the
House of Delegates Ellen J. Flannery
Council                       William B. Baker
                                    Timothy Hsieh
                                    Benjamin T. Wilson 
                                                           
Ruth Hill Bro, current Chair-Elect, will automatically assume the office of Chair at the close of the 2008 Annual Meeting.
                       
Each nominee has stated that he or she has no personal interest or obligation which would, or would likely, conflict in any material way with impartially promotion the objectives and activities of the Section.  Each nominee has agreed to promptly notify the Council if this should change.  The election will be held during the Section Business Meeting during the ABA Annual Meeting, August 8, 2000 in New York, New York.

Incoming Section Chair
Ruth Hill Bro
Ruth Hill Bro isa partner in the Chicago office of Baker & McKenzie LLP and the founding North American member of the firm’s Global Privacy Steering Committee She advises businesses on privacy strategy; global compliance; and website, HR, customer, third-party, cross-border, security, and marketing issues. 

Ruth founded and chaired the Section’s E-Privacy Law Committee from 2000-2005.  She served as a Council Member of the Section for three years before becoming Secretary of the Section in 2005, Vice-Chair in 2006, and Chair-Elect in 2007.   Ruth also founded and currently chairs the Section's new Committee for the Advancement of Science and Technology Law and Education (CASTLE), which is designed to help the Section reach out to the communities it serves (particularly law students and young lawyers) and otherwise raise awareness of the importance of science and technology law issues and the role played by the Section.  She is a member of the editorial board of the Section’s publication, The SciTech Lawyer, and served as co-editor of the summer 2006 all-privacy issue of this publication.  She also writes a quarterly column, CPO Corner (featuring interviews with leading chief privacy officers), that regularly appears on the E-Privacy Law Committee website and in The SciTech Lawyer.  Ruth is the editor of the Section’s 2004 book, The E-Business Legal Arsenal: Practitioner Agreements and Checklists.

Ruth has been frequently featured as a speaker on privacy, security, electronic workplace, and e-business law issues by corporations (in-house training), industry groups, and bar and trade associations.  She also writes extensively on these topics.  She serves on the editorial boards of Internet Law & Strategy and Baker & McKenzie's global  Privacy Newsletter (North America section) ; from 2005-2006, she served as the Executive Editor/Chairman of the Board of Editors of The Privacy & Data Protection Legal Reporter.

She has been recognized as a leader in her field by numerous organizations, including Chambers USA: America's Leading Business Lawyers; Legal 500 US; Best Lawyers in America; International Who’s Who of Internet & E-Commerce Lawyers (published by Law Business Research); numerous Marquis Who’s Who publications; Lawdragon 500 New Stars, New Worlds, and Lawdragon 3000 Leading Lawyers in America; Illinois Super Lawyers; and Law Bulletin Publishing Company ( Top 100 Leading Women Lawyers in Illinois; Top 100 Leading Women Business Lawyers in Illinois; 40 Illinois Attorneys Under 40 to Watch;  and Leading Lawyers Network: The Top Lawyers).  Her views have been noted in The Wall Street Journal, The New York Times, The International Herald Tribune, The National Law Journal, Corporate Counsel,  and BNA Privacy & Security Law Report and on Bloomberg Radio and CNBC Ruth won New York Law Journal’s 2006 Annual Fiction Contest for her short story, “Privilege.”  She received a Bachelor of Arts degree from Northwestern University and a Juris Doctor degree from the University of Chicago, for which she serves as a mentor through the Law School's Women’s Mentoring Program. 

Chair-Elect
Christine M. Grant
Christine Grant became a member of the Section in 1997 when asked to be on the Section's Presidential Showcase Program Science and Technology for the New Millennium. She is currently the Section Vice-Chair.  She previously served as Section Secretary and on the Section Council, and the ABA/AAAS National Conference of Lawyers and Scientists.  She represented the Section at the 2007 ABA Day in Washington, revitalized the Section's Public Health Emergency Preparedness and Environmental Law Committee, organized two Annual Meeting Programs at the 2004 Atlanta meeting, which included an ABA / CDC meeting at Centers for Disease Control headquarters.   She also organized the San Francisco 2007 program on Robotics and Neuro-enhancement, and recruited colleagues for the June 2006 Teleconference "Food Safety It's On Everyone's Regulatory Menu."

Chris has written several articles for The SciTech Lawyer, and the Scientific Evidence Review Monograph No 7.  She has worked on numerous resolution review teams and built relationships for the section internally with the Health Law Section and externally with national organizations including the CDC, ASTHO, the University of North Carolina Public Health Law Program among others.  Committed to team a approach, she is working to build bridges of interest within the ABA and to secure opportunities for section members to participate in influential external policy groups .She has recruited members, and launched a law student led project to build a routinely updated web-based data base of scholarly journals, writers, and articles for use by the Life and Physical Sciences Division Committees.

Chris is working on the 2008 Section Retreat Team and is committed to representing the interests and professional career development expectations of all Section members.  She is particularly interested in providing opportunities for members to participate on internal ABA-wide committees and appropriate information technology, International, and Health Law related groups externally, so the Section becomes broadly recognized as a premier resource of knowledgeable science and technology lawyers. 

Vice-Chair
Stephen S. Wu
Stephen S. Wu is a partner in the Silicon Valley office of Cooke Kobrick & Wu LLP.  He advises clients on data security requirements under privacy and security laws.  Steve helps clients investigate and take action in response to data security breaches, including appropriate notifications.  He also analyzes liability arising from security breaches and handles any resulting litigation.  He counsels clients concerning cyber-risk insurance policies and coverage, and risk management strategies.  In addition, he advises clients on secure electronic commerce using digital signatures, other secure electronic signatures, electronic credentials, and encryption.  Steve advises clients concerning security and privacy policies and practices.  Finally, Steve’s practice includes intellectual property and commercial litigation, technology transactions, and corporate matters for Silicon Valley companies.  Before beginning his practice at CKW, Steve was VeriSign, Inc.’s second in-house attorney, where he managed the development and deployment of worldwide policies and procedures for VeriSign’s digital certification Internet security services.

Steve has been a member of the Section’s Information Security Committee since 1997, and served as its Co-Chair from 2001 to 2004.  Also, he has served as a Council Member of the Section for the 2004-2007 term.  Steve is the editor of the Section’s 2007 book Guide to HIPAA Security and the Law.  In addition, Steve co-edited two books for the Section:  Information Security:  A Legal, Business, and Technical Handbook (2004) and Public Key Infrastructure Assessment Guidelines (2003).  He has written or co-written three other books on information security law.  Steve is a frequent speaker at industry conferences and continuing legal education programs on information security, the use of electronic information in litigation, and ecommerce topics.  Steve is currently the Section Secretary.

Steve graduated summa cum laude from the University of Pittsburgh in 1985 with a Bachelor of Arts degree, and graduated cum laude from Harvard Law School in 1988 with a Juris Doctor degree.

Section Secretary
Eric Y. Drogin
Eric Y. Drogin is an attorney and board-certified forensic psychologist serving on the faculties of the Harvard Medical School, the Harvard Longwood Psychiatry Residency Training Program, and the University of Louisville School of Medicine.  He also participates as an Instructor in the Harvard Law School Trial Advocacy Workshop, and is an Adjunct Professor of Law for the Franklin Pierce Law Center (teaching “Law & Mental Health”) and an Honorary Professor of Law for the University of Wales— Prifysgol Aberystwyth (teaching “Psychology & Crime”).  Eric’s multidisciplinary practice encompasses mental health law, expert witness testimony, and trial consultation.

Eric is a Fellow of the American Bar Foundation, a Fellow of the American Academy of Forensic Psychology, and a former President of the American Board of Forensic Psychology.  He joined the Section in 1998 and has since chaired its Division of Life & Physical Sciences, its Behavioral Sciences Committee, its Committee on the Rights and Responsibilities of Scientists, and its Book Publishing Board.  Eric has served on the National Conference of Lawyers and Scientists (NCLS) as a Section appointee since 2002, and as a Member of Section Council since 2004.  He also served for two terms on the ABA Commission on Mental & Physical Disability Law, and currently chairs the American Psychological Association’s Committee on Professional Practice and Standards, having formerly chaired the APA’s Committee on Legal Issues.  Eric has authored or co-authored several books, chapters, articles, and reviews in the fields of law and psychology, and is the editor of the Section’s 2008 book Science for Lawyers.  He lectures frequently on legal and scientific topics throughout the United States and abroad. 

Eric earned his Ph.D. in Clinical Psychology from Hahnemann University in 1991, his J.D. from Villanova University in 1990, and his B.A. in Psychology from the University of New Hampshire in 1983. 

Section Delegate
Ellen J. Flannery
Ellen J. Flannery is a partner in the Washington, D.C., office of Covington & Burling LLP.  She advises clients on matters relating to regulation of medical devices, pharmaceuticals, and biological products.  She also has experience with health data privacy, antikickback laws, and product liability law. 

She has written articles on Food and Drug Administration regulation, serves on the editorial boards of the Guide to Medical Device Regulation and the Food and Drug Administration Enforcement Manual, and has taught food and drug law as an adjunct faculty member at three law schools.

Within the American Bar Association, Ellen has served in several capacities in the Section of Science & Technology Law, including serving as Section Delegate since 1993, Section Chair (1992-93), and Co-Chair of the Committee on Opportunities for Minorities and Women (1996-2002).  She has been Chair of the Conference of Section & Division Delegates since 2003.  She was a member and Chair of the ABA Coordinating Group on Bioethics and the Law (1991-2000), member of the ABA Standing Committee on Audit (1995-2001), and member of the ABA Standing Committee on Constitution and Bylaws (2001- 2004).  She is a Fellow of the American Bar Foundation, serving currently as Chair of The Fellows and previously as Chair of the Fellows Advisory Research Committee (Chair 2002-2005, member from 2000-2005).

Ellen received her J.D. degree from Boston University School of Law and A.B. degree from Mount Holyoke College. 

Budget Officer
Kimberly Kiefer Peretti
Kimberly Kiefer Peretti is a Senior Counsel in the Computer Crime and Intellectual Property Section of the Criminal Division of the United States Department of Justice, located in Washington, DC.   She investigates and prosecutes multi-agency and multi-district computer crime and financial fraud cases, especially those involving large scale data breaches, identity theft, and online payment systems.  She has worked in two U.S. Attorney’s Offices as a Special Assistant United States Attorney and has taught an international cybercrime course at the George Mason School of Law.

Within the American Bar Association, Kimberly has had several active roles in the Section of Science & Technology Law, including serving as the co-chair of the Information Security Committee and her present positions of Budget Officer and Council Member.
 
Kimberly received her LL.M. degree from the University of Munich, Germany, J.D. degree from Georgetown University Law Center, and B.A. degree from the University of Wisconsin-Madison.  She is also a Certified Information Systems Security Practitioner (CISSP).

Council Member Nominees

William B. Baker
William Baker is a partner in the Washington, D.C., law firm of Wiley Rein LLP.  He has practiced for more than twenty years in the areas of communications, technology, and postal law, with particular interest in privacy, electronic commerce, and telecommunications.  He advises clients on a wide range of topics, including online and mobile privacy, social networks, Internet transactions, marketing communications, and related compliance, transactional, and public policy issues.  He is a frequent author and lecturer on privacy, Internet, and postal matters, and is a co-founder of his law firm’s Privacy Practice.

Bill served as chair of the Section’s committee on Telecommunications and Information Services from 1998 to 2002 and, since 2003, has served as Co-Chair of the ePrivacy Law Committee.  He has written numerous articles on privacy and technology issues, contributed to several Section publications, and served as a moderator or panelist on a number of Section programs.  He chaired the Government Affairs Committee of the Northern Virginia Technology Council from 2001 to 2005 and served on Advisory Committees to the Virginia General Assembly’s Joint Commission on Technology and Science from 1997 to 2005. 

He graduated from the University of Virginia’s College of Arts and Sciences in 1979 with a Bachelor of Arts degree in Economics, and received his Juris Doctor degree from the University of Virginia School of Law in 1982.  He lives in Arlington, Virginia, with his wife and two children.

Timothy Hsieh
Timothy Hsieh is a founding partner of the intellectual property law firm of MH2 Technology Law Group LLP in Tysons Corner, VA.  His practice includes all aspects of patent law with particular emphasis in the areas of advanced materials, semiconductors, and nanotechnology.  He serves as an associate editor of the Nanotechnology Law and Business Journal and as a member of the Advisory Board of the NanoEthics Group.

Tim has been an ABA member since 1999, a member of the Section of Science & Technology Law since 2002, and a member of the Intellectual Property Law Section since 1999. He was Vice Chair of the Section’s Nanotechnology Committee from 2004-2005 and Chair of the Nanotechnology Committee from 2006-2008.

Tim received his B.E.S., M.E.S., and Ph.D. in materials science and engineering from the Johns Hopkins University.  He received his J.D. from the University of Virginia where he was the Executive Editor of the Virginia Journal of Law and Technology.  He also served as a Law Clerk to the Honorable Randall R. Rader at the U.S. Court of Appeals for the Federal Circuit. Prior to his legal career, Tim worked for twelve years as a scientist for the National Institute for Standards and Technology (NIST), FMC Corporation, and Industrial Quality, Inc.

Benjamin T. Wilson
Benjamin T. Wilson, CISSP MCSE, is legal counsel and infosec consultant to IdenTrust, Inc., where his practice focuses on contract negotiations involving computer network systems and public key infrastructures.  Ben is an immediate past co-chair of the Section’s Information Security Committee and current Chair of the Utah State Bar’s Cyberlaw Section.  Other activities include participation on advisory boards for the University of Utah’s Honors College,  Utah State University’s Huntsman School of Business—Management Information Systems Department, Beta Theta Pi Fraternity, and the Utah Bar Client Security Fund.  Ben is a Master of the Bench in the Sutherland-Watkiss American Inn of Court where he has presented several times on the production and use of digital evidence in litigation.

Ben also serves on the Section’s Book Publishing Board and has contributed to the editing of a number of the Section’s books, including Foundations of Digital Evidence (2008), Guide to HIPAA Security and the Law (2007), Information Security:  A Legal, Business, and Technical Handbook (2004), and the Public Key Infrastructure Assessment Guidelines (2003). 

Ben attended the University of Utah where he affiliated with Beta Theta Pi Fraternity and received his Honors B.A. in Economics in 1987, having been admitted to Phi Beta Kappa and Phi Kappa Phi, and his J.D. in 1990.