ABA Section of Science & Technology Law Nominees for 2016–2017 Section Officer and Council Positions

Eileen Smith Ewing will automatically succeed to the position of Section Chair at the completion of the ABA Annual Meeting in San Francisco.

CHAIR-ELECT

David Z. Bodenheimer

VICE-CHAIR

William B. Baker

SECRETARY

Julie A. Fleming

COUNCIL

Michael Aisenberg

Robert G. Knaier

Lois D. Mermelstein

Damier Xandrine

Incoming Section Chair

Eileen Smith Ewing practices law in Boston, where she counsels her life sciences clients on a variety of business transactions, ranging from traditional mergers, acquisitions, and capital financing to complex, cutting-edge product development collaborations and other strategic alliances. Eileen publishes and lectures frequently on legal issues of interest to the biopharmaceutical and medical device sectors. She is the author of more than 50 publications. Eileen served as Co-Editor-in-Chief and a chapter author of the ABA SciTech Section book Biotechnology and the Law. She also contributed chapters to two books in the Aspatore Press Inside the Minds series: Life Sciences Mergers and Acquisitions and Winning Legal Strategies for Life Sciences Settlements and Negotiations. Legal Media Group/Euromoney named Eileen a 2012 and 2013 “Life Sciences Star” in the Finance & Transactional category.

Eileen currently serves as Chair- Elect of the ABA SciTech Section, Vice-Chair of the Long Range Planning Committee, Section Council member, and Finance Committee member. Past ABA positions include Chair of the Administration Division, Chair and Co-Chair of the Section’s Life and Physical Sciences Division, Chair of the Section’s Biotechnology Law Committee, and member of the ABA Special Committee on Bioethics and the Law. Eileen is an American Bar Foundation Fellow and serves on the Board of the National Conference of Lawyers and Scientists (American Association for the Advancement of Science).

Eileen received her AB in East Asian Studies, with baccalaureate thesis summa cum laude, from Harvard University and her JD from Columbia University School of Law.

Section Chair-Elect

David Z. Bodenheimer is a Government Contracts Group partner and litigator in Crowell & Moring LLP’s Washington, DC, office. He brings 34 years of hands-on experience in doing business with the federal government and has been nationally recognized by Chambers USA and Who’s Who Legal, as well as by Thomson Reuters’ DC Super Lawyers in the government contracts arena.

With more than 100 days in the courtroom and over 60 protest litigations, David handles and resolves the full range of knotty issues confronting clients selling to the government. See, e.g., United States v. United Techs. Corp., 782 F.3d 718 (6th Cir. 2015) ($657 million False Claims Act litigation); BAE Sys. Info. & Elec. Sys. Integration Inc., B-408565 et al., Nov. 13, 2013, 2013 CPD ¶ 278 (NextGen airborne jammer protest litigation); Supreme Foodservice GmbH v. United States, 109 Fed. Cl. 369 (2013) (injunctive action on $8 billion acquisition); Health Net Fed. Servs., LLC, B-401652.3 et al., Nov. 4, 2009, 2009 CPD ¶ 220 ($16 billion protest litigation); Wynne v. United Techs. Corp., 463 F.3d 1261 (Fed. Cir. 2006) ($299 million defective pricing trial/appeal). He authored the Defective Pricing Handbook (Thomson Reuters 2010–2016) and regularly lectures on government contracting, pricing, and fraud matters.

Recognized by Chambers USA as “a leading lawyer within the cybersecurity space,” he has advised and trained Fortune 500 companies on cyberlaw and security (Internet of Things, FISMA, NIST, cloud, FedRAMP, breaches, network audits, and cyber disputes), handled protest litigation on cyber issues, testified before Congress on cybersecurity, taught cybercontracting for Federal Publications, and published extensively. He currently serves as the ABA SciTech Section’s Vice-Chair; Co-Chair of the Security, Privacy, and Information Law Division; and Co-Chair of the Homeland Security Committee. He has also served as a Public Contract Law Section Committee Co-Chair (Cybersecurity, Privacy, and Data Protection) and as a member of the ABA President’s Cybersecurity Legal Task Force.

Section Vice-Chair

William B. Baker is a partner in the Potomac Law Group, PLLC, a Washington, DC–based law firm. He has practiced for more than 30 years in the areas of communications, technology, and postal law, with particular interest in privacy, information law, and marketing communications. He is a frequent author and lecturer on privacy and postal matters. He previously practiced in the Washington, DC, law firm Wiley Rein LLP.

Bill currently serves as Secretary of the SciTech Section, Chair of the Administration Division, Chair of the Data Property Rights Committee, and member of the Finance and Long Range Planning Committees. He served as Budget Officer of the Section from 2012 through 2015 and as Assistant Budget Officer prior to that. Bill has served on the Section’s Council since 2008. He has chaired or co-chaired several Section committees, including the Committee on Telecommunications and Information Services from 1998–2002 and the E-Privacy Law Committee from 2003–2008. Bill is an American Bar Foundation Fellow and a member of the Board of the National Conference of Lawyers and Scientists (American Association for the Advancement of Science).

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. Bill chaired the Government Affairs Committee of the Northern Virginia Technology Council from 2001–2005 and served on Advisory Committees to the Virginia General Assembly’s Joint Commission on Technology and Science from 1997–2005.

Bill holds a BA in Economics and a JD, both from the University of Virginia. He lives in Arlington, Virginia.

Section Secretary

Julie A. Fleming has been active with the SciTech Section since 1997, when she served as Chair of the Biotechnology Law Committee. Her subsequent SciTech positions include Council member, Chair of the Life and Physical Sciences Division, member of the Board and Editor-in-Chief of The SciTech Lawyer, Secretary and Vice-Chair of the Section, and member of the Long Range Planning Committee and the ABA Special Committee on Bioethics and the Law.

Julie has organized several Sectionsponsored programs, including “Can You Grow That Body Part?” (ABA Annual Meeting), “The SciTech Edge: Career and Business Development at the Intersection of Law, Science, and Technology” (SciTech teleconference), and presented the Presidential Showcase Program “Seven Secrets Every Lawyer Must Know to Thrive, Even in a Recession.” She also authored “Biotechnology Patent Litigation for the Non-Patent Attorney,” a chapter in Biotechnology and the Law.

Julie practiced law for over a decade, focusing on patent litigation, before launching the Atlanta-based legal business development consultancy now known as Fleming Strategic. She is the author of three books: The Reluctant Rainmaker: A Guide for Lawyers Who Hate Selling, Seven Foundations of Time Mastery for Attorneys, and Legal Rainmaking Myths: What You Think You Know about Business Development Could Kill Your Practice. A Fellow of the American Bar Foundation, Julie holds a JD from the Emory University School of Law, a BS from Georgia State University, a BA from Vanderbilt University, and a certificate in leadership coaching from Georgetown University.

Section Council

Michael Aisenberg is Principal Cyber Policy Counsel in the MITRE Corporation’s Center for National Security. MITRE advises agencies of the US government on IT policies and practices. In 2015, Michael was named Senior Fellow of the George Washington University’s Center for Cyber and Homeland Security. A frequent panelist on webinars and conference sessions, Michael has presented SciTech “Hot Topics” at RSA since 2009.

Michael is serving his second term as Co-Chair of the SciTech Section’s Information Security Committee, serves on the Editorial Board and is an Assistant Editor of The SciTech Lawyer, and has been a member of the Section’s International and Domestic Policy Advisory Group since 2007. He has been the ABA Section Advisor on a number of Uniform Law Commission Drafting Committees, including Fiduciary Access to Digital Assets and Criminal Records Accuracy, and a newly empaneled Study Committee on Event Data Recorders in Cars.

From 1976–1981, Michael was an attorney at the Federal Communications Commission. From 1981–1997, he was Director of Corporate Government Relations at Digital Equipment Corporation. After a brief period in private practice, he directed Government Relations and National Security Affairs in VeriSign’s Washington, DC, office from 2000–2007, and has been at MITRE’s McLean, Virginia, office since 2008. His recent assignments have included work within the Office of the Director of National Intelligence’s (ODNI’s) Supply Chain Division, ODNI Chief Information Officer (CIO), and the VA’s OCIO.

Michael received his BA from the University of Pennsylvania, and his JD from the University of Maine School of Law in 1976.

Robert G. Knaier is an attorney with Fitzgerald Knaier LLP, a boutique litigation firm in San Diego, California. He represents defendants and plaintiffs through all stages of litigation, including trial and appeal. He has litigated mass torts, complex commercial cases, and personal injury matters—and has substantial experience with questions of scientific evidence and expert testimony.

Bob is the Vice-Chair of the ABA SciTech Section’s Scientific Evidence Committee, and regularly speaks and writes on various legal topics, including the use and misuse of scientific evidence, working with expert witnesses, the admissibility of expert testimony, and the science and ethics of persuasion. He has spoken on these issues to law faculty and students, to professional organizations such as the American Association for the Advancement of Science and the Society for Neuroscience, and at events sponsored by SciTech. His publications have appeared in the Cornell Law Review, the California Western Law Review, the ABA Scientific Evidence Review, California Litigation, and elsewhere. In addition, he has served as an Associate Editor for a monograph published by SciTech, and has coauthored chapters in books and treatises published by SciTech and by the ABA Section of Litigation.

Bob is a former clerk for Judge Richard Wesley of the United States Court of Appeals for the Second Circuit. Prior to his clerkship, he graduated magna cum laude from Cornell Law School, and summa cum laude from the University of California, San Diego, with a degree in philosophy.

Lois D. Mermelstein practices law in Austin, Texas, mainly in the areas of intellectual property (IP) and technology law. She has worked with clients ranging from solo practitioners to large firms to protect their IP through patent prosecution, litigation, and simple persuasion.

Lois is an active member of the ABA SciTech Section. She currently serves as Co-Editor-in-Chief of The SciTech Lawyer, where she has previously served as Deputy Editor and Assistant Editor. She also serves as the ABA Business Law Section’s Liaison to Sci- Tech and is active in several Business Law committees. Lois has also written and presented CLEs on IP issues for startups, drone law, patent subject matter eligibility, and lawyers’ ethical duty of confidentiality.

Lois earned her JD from Washington and Lee University School of Law. She also has bachelor’s and master’s degrees in electrical engineering and knows more about the software inside common gadgets than is probably good for her.

Damier Xandrine is Senior Vice President and Senior Company Counsel with Wells Fargo & Company. Her area of practice focuses on e-commerce legal and regulatory issues, online and mobile banking, mobile payments, electronic signatures, and online authentication and fraud. She provides legal support and guidance for retail and wholesale Internet lines of business. She also has expertise in negotiating technology deals and agreements for payment systems, prepaid cards, mobile financial services, technology joint ventures, and technology vendor contracts.

Damier currently serves as a member of the Standing Committee on Technology and Information Systems, having been appointed by ABA President Paulette Brown in 2015. Damier is also a member of the Banking Law Committee within the Business Law Section and former Chair of the E-Commerce Payments Committee within the SciTech Section.

Damier has delivered CLE programs for several legal and regulatory communities of practice, focusing on developments within the banking, technology, and payments industries. She has been a featured speaker for the American Conference Institute, the California Bankers Association, and the American Bar Association.

Damier earned a BA in mass communications from UC Berkeley and a JD from UC Hastings College of the Law. She also holds an MBA with a focus in international business. Damier resides in the San Francisco Bay Area. She loves to lie in her hammock, read hardcover books, and listen to NPR. She continues to mourn the passing of Downton Abbey.