December 02, 2019

2014 Fall Council Meeting

Cattle Ranching and Public Land in the West

Donahue_PPT_handout.pdf

Donahue_presentation_title_pg.pdf

Donahue_ABAtalk_10-10-14_scan.pdf

Anita P. Miller completed position as an Assistant City Attorney in the Real Estate and Land Use Division of the Albuquerque Legal Department in May, 2013. As a private attorney she previously represented New Mexico municipalities and counties on land use, subdivision, growth management and environmental matters. She is a member of the Regional Board of the Rocky Mountain Land Use Institute at the Denver University Law School, and is an adjunct professor of Land Use Law, at the University of New Mexico School of Architecture and Planning and the School of Law.

Anita is a Past Chair of the American Bar Association Section of State and Local Government Law, Past Chair of the American Bar Association Section Officers Conference, and past member of the American Bar Association House of Delegates.

Anita is a frequent chair and faculty member at national, regional and local CLE seminars related to land use law. She is the author of Grassroots Historic Preservation Law, a publication of the New Mexico Historic Preservation Division and many articles on current Land Use Law subjects. She also has conducted seminars for local New Mexico municipalities and counties on land use law issues.

Debra L. (Deb) Donahue is a professor of law at the University of Wyoming College of Law, where she teaches courses on public lands, environmental policy, federal Indian law, and Native American natural resources law. Before joining the faculty, she served as staff counsel in the National Wildlife Federation’s Anchorage office and clerked for Judge Wade Brorby on the U.S. Court of Appeals for the Tenth Judicial Circuit. She is a 1989 graduate of the University of Colorado School of Law and was editor in chief of the law review. She has an M.S. degree in Wildlife Biology, and worked for federal agencies, a Nevada mine, and conservation groups before earning her law degree. Her book, The Western Range Revisited: Removing Livestock from Public Lands to Conserve Native Biodiversity (1999), prompted the Wyoming Wildlife Federation to name her its Natural Resources Conservationist of the Year in 2000 and the president of the Wyoming Senate to urge shutting down the law school. Deb served on the National Research Council Committee on Riparian Zone Functioning and Strategies for Management. She continues to write on public lands- and climate change-related topics, including a chapter on “Agriculture and Forestry” in the ABA’s 2012 tome, The Law of Adaptation to Climate Change.

Election Law CLE

AR Deadlocks Policy Statement.pdf

AR Senate Testimony.pdf

BG Recent Decisions and Secondary Authorities Regarding.pdf

State_of_Voting_2014.pdf

Election Day Long Lines:
Resource Allocation

The State of Voting in 2014

Commissioner Ann M. Ravel is Vice Chair of the Federal Election Commission for 2014. Ms. Ravel was nominated to the Federal Election Commission by President Barack Obama on June 21, 2013. After her appointment received the unanimous consent of the United States Senate, Ms. Ravel joined the Commission on October 25, 2013.

From March 2011 until her appointment to the Commission, Ms. Ravel served as Chair of the California Fair Political Practices Commission (FPPC), to which Governor Edmund G. Brown, Jr. appointed her. At the FPPC, Ms. Ravel oversaw the regulation of campaign finance, lobbyist registration and reporting, and ethics and conflicts of interest related to officeholders and public employees. During her tenure at the FPPC, Ms. Ravel was instrumental in the creation of the States’ Unified Network (SUN) Center, a web-based center for sharing information on campaign finance.

Before joining the FPPC, Ms. Ravel served as Deputy Assistant Attorney General for Torts and Consumer Litigation in the Civil Division of the United States Department of Justice. Ms. Ravel also worked as an attorney in the Santa Clara County Counsel's Office, ultimately serving as the appointed County Counsel from 1998 until 2009. Ms. Ravel represented the County and its elected officials, provided advice on the state Political Reform Act, and initiated groundbreaking programs in elder abuse litigation, educational rights, and consumer litigation on behalf of the Santa Clara County government and the community.

Ms. Ravel has served as an elected Governor on the Board of Governors of the State Bar of California, a member of the Judicial Council of the State of California, and Chair of the Commission on Judicial Nominees Evaluation. In 2007, the State Bar of California named Ms. Ravel Public Attorney of the Year for her contributions to public service.

Ms. Ravel received her B.A. from the University of California, Berkeley and her J.D. from the University of California, Hastings College of the Law.

Ben Griffith focuses his practice on federal and state civil litigation, with emphasis on voting rights and election law, and has served as lead counsel at the trial and appellate level in cases arising under Section 2 and Section 5 of the Voting Rights Act in Maryland, South Carolina, Mississippi, and the Fourth and Fifth Circuits. Ben chairs the International Committee of the Section of State & Local Government Law and IMLA’s International Steering Committee.

In August 2013 he completed a three-year term as Chair of the ABA Standing Committee on Election Law. He is a member of the ABA House of Delegates and has served as Chair of ABA Section of State & Local Government Law, President of the National Association of County Civil Attorneys, and Chair of Government Law Section of Mississippi Bar. He is editor and chapter author of the first and second editions of America Votes! A Guide to Modern Election Law and Voting Rights (ABA 2008, 2012) and numerous peer review publications and articles in his field of practice, and has given over 95 CLE presentations throughout the USA and internationally.

He recently served as Adjunct Professor for a Municipal Law Practice skills course at the University of Mississippi School of Law, and has been recognized by his peers for inclusion in Best Lawyers In America® from 2007 through 2014 in the field of Municipal Law and in Mid-South Super Lawyers® from 2007 through 2014 in Government/Municipalities. A partner in the Cleveland, MS firm of Griffith & Griffith, he earned his Juris Doctor in 1975 from the University of Mississippi School of Law.

Government in the Workplace

RKramer 18106722_2_ABA State and Local Presentation on NLRB and Social Media.pdf

RKramer 18116685_1_cover sheet for American Bar Association presentation 10-2014.pdf

RKramer OM 12_59 Report of the Acting General Counsel Concerning Social Media Cases.pdf

NLRB and Social Media

EEOC Clarifies its Position on Criminal Background Checks

18611027_1.pdf

Illinois to Limit How Employers Can Use Criminal Checks in Hiring

Christopher Trebilcock litigates labor and employment disputes in federal and state courts and in administrative agencies across the country.

His appellate experience includes oral arguments before the U.S. Sixth Circuit Court of Appeals and the Michigan Court of Appeals. He also manages arbitrations and administrative proceedings; conducts collective bargaining negotiations; and advises clients on all types of labor and employment issues.

Ronald J. Kramer joined Seyfarth Shaw LLP in 1992, and currently is a partner in Seyfarth’s Labor and Employment Department where his primary focus is traditional labor law and employee benefits litigation. Mr. Kramer has been responsible for advising and representing private and public sector employers on a wide range of traditional labor and benefits litigation matters, including but not limited to collective bargaining, grievance arbitration, unfair labor practices, union organizing, strikes, retiree insurance litigation, delinquent contribution and withdrawal liability matters, pension disputes, and other benefits litigation matters. Mr. Kramer is a member of the firm’s Health Care Reform Team, where he advises clients in responding to labor issues arising from the Affordable Care Act. He also chairs the firm’s labor and employment hospitality team.

Mr. Kramer received his B.A. from Michigan State University and his J.D. from IIT/Chicago-Kent College of Law. He is a member of the American Bar Association Section of Labor and Employment Law and the Section of State and Local Government Law, where he serves as chair of the Publications Oversight Board.

Paul Henderson was appointed Deputy Chief of Staff & Public Safety Director by the Mayor of the City of San Francisco, Edwin M. Lee, in March, 2011. As Deputy Chief of Staff, Mr. Henderson serves as a principal advisor to the Mayor and is responsible for the development and implementation of strategic policy and administration among various cabinet and supervisory officials of the local government. The City of San Francisco has over 27,000 employees, and Mr. Henderson is responsible for managing the various city departments that provide direct support to the Mayor on major issues affecting the city with an emphasis on the criminal justice system and local, state and federal partners.

Prior to joining the Mayor’s office, Mr. Henderson served as Chief of Administration and prosecutor for the District Attorney of San Francisco. As a trial attorney with nearly two decades of courtroom experience, Mr. Henderson successfully handled all types of cases in the criminal justice system, ranging from nonviolent misdemeanors to serious felonies, including homicide. In addition to his success in the courtroom as a seasoned prosecutor, Mr. Henderson has years of complex criminal and civil judicial experience in the public service arena. As a leader and innovator, Paul is recognized for introducing numerous cutting-edge programs of national consequence including, a modified approach to 3 strikes, juvenile drug court, juvenile domestic violence court, drug possession court, community justice court and a neighborhood DA program. Over the years these programs have served as model initiatives of national recognition that have contributed to the reform of the criminal justice system.

Mr. Henderson’s service as Chief Administrator constitutes the highest ranking position in the San Francisco District Attorney’s Office ever held by either a LGBT or an African-American male attorney. Mr. Henderson has developed curricula and conducted trainings for legal professionals, public agencies and elected officials across the country. Most notably, Mr. Henderson serves on the national faculty for the Department of Justice where he trains other attorneys and municipalities on how to develop and implement innovative criminal justice models.

A native of San Francisco, Paul worked his way through his undergraduate studies at UCLA before venturing off to earn his Juris Doctorate from Tulane University, where he also served as class president.

Steven F. Stapleton has extensive experience in commercial litigation, including complex breach of contract claims, business disputes, municipal litigation, condemnation actions and employment litigation.

He has tried cases before both state and federal courts and successfully argued before the U.S. Court of Appeals and both the Michigan Court of Appeals and Michigan Supreme Court. He represents clients in arbitrations and other forms of alternative dispute resolution.

Steve has practiced throughout Michigan in both state and federal courts. He has represented numerous national, regional, and local companies and municipalities in a variety of matters.

He also serves as General Counsel to the Michigan Amateur Hockey Association and is a member of the USA Hockey Legal Council. He is familiar with the obligations under state and federal laws related to the sports entity and often assists his sports related clients on corporate governance and restructuring, contract review and drafting, negotiations and employment related issues. Steve also has extensive experience in implementing and monitoring comprehensive background screening programs for sports organizations and conducting sensitive investigations on behalf of the sports entity related to allegations of abuse or potential ethics violations.

Reefer Madness

D Merriam 02_WSBC Materials w cover sheet 3-5-14.pdf

D Merriam 2014-05-22 CBA Real Property -- medical marijuana (rev  2014-05-21).pdf

D Merriam 4075_001.pdf

NemethRoss.pdf

2013-12-16 Simbury Zoning Commission(rev 12-17).pptx

Bill E. Kyriagis is a commercial litigation attorney with the law firm of Otten, Johnson, Robinson, Neff & Ragonetti, P.C., in Denver, Colorado. His practice focusses on real estate, land use, and development disputes, condemnation/eminent domain, landlord/tenant matters, special district litigation, and CCIOA litigation. Bill is also a regular speaker on marijuana law issues at Colorado and national conferences. He has advised local and national real estate industry clients on marijuana law issues, and has provided counsel on Colorado-specific leasing issues relating to the marijuana industry. He has also advised a major municipality in connection with its drafting of medical marijuana business regulations. Bill writes on a variety of marijuana law topics. He has co-authored a chapter on land use issues for a book on Colorado medical marijuana law, and is the author of the real estate and land use chapter for a forthcoming book on Colorado medical and recreational marijuana.

Cristal T. DeHerrera is Deputy City Attorney for the City and County of Denver. She was appointed in 2014 by Mayor Michael B. Hancock, and her responsibilities include overseeing the day-to-day operations of more than 200 attorneys and staff in one of the largest public law offices in the Western United States. She also advises the city on a wide range of legal and policy issues. Prior to joining the City and County of Denver, Ms. DeHerrera was a shareholder at the law firm Brownstein Hyatt Farber Schreck, where her practice focused on mergers and acquisitions, private equity, public and private securities offerings, capital formation and securities advice.

Prior to joining Brownstein Hyatt Farber Schreck, Ms. DeHerrera served as a law clerk for the Honorable Judge John L. Kane of the U.S. District Court for the District of Colorado and interned at the Denver City Attorney’s Office. In addition, she worked on the 2000 U.S. Presidential campaign and on several key political campaigns throughout the country.

Ms. DeHerrera has been recognized with several industry awards and is active in philanthropic and community issues. She is on the board of directors of Rocky Mountain Youth Clinic and the Colorado Hispanic Bar Association, and she served as co-chair of the National Hispanic Bar Association’s 2013 annual convention and on the planning committee for the Clinton Global Initiative’s 2014 CGI America conference. She also has held leadership positions supporting numerous community organizations ranging from the Downtown Denver Partnership to the Denver Public Library.

Ms. DeHerrera earned her J.D. from the Boalt Hall School of Law at the University of California, Berkeley, and her undergraduate degree, with honors, in Political Studies from Pitzer College in Claremont, California.

Dwight H. Merriam founded Robinson & Cole’s Land Use Group in 1978.  He represents land owners, developers, governments and individuals in land use matters.  Dwight is a Fellow and Past President and of the American Institute of Certified Planners, a former Director of the American Planning Association, a former chair of APA’s Planning and Law Division, a former chair of the American Bar Association’s national Section of State and Local Government Law; the Connecticut member of Owners’ Counsel of America, a Fellow of the Royal Institution of Chartered Surveyors, a Fellow of the American Bar Foundation, a member of the Rocky Mountain Land Use Institute National Advisory Board, a Fellow of the Connecticut Bar Foundation, a Counselor of Real Estate, a member of the Anglo-American Real Property Institute, and a Fellow of the American College of Real Estate Lawyers.

He teaches land use law at the University of Connecticut School of Law and at the Vermont Law School and has published over 200 articles and nine books and including Inclusionary Zoning Moves Downtown, The Takings Issue, The Complete Guide to Zoning, and Eminent Domain Use and Abuse: Kelo in Context.

Dwight has been named to the Connecticut Super Lawyers list in the area of Land Use Law since 2006, is one of the Top 50 Connecticut Super Lawyers in Connecticut 2011, one of the Top 100 New England Super Lawyers in 2011 (Super Lawyers is a registered trademark of Key Professional Media, Inc.), ranked in Chambers USA: America's Leading Lawyers for Business in Connecticut in the area of Real Estate, listed in The Best Lawyers in America® in the areas of Land Use & Zoning Law and Real Estate Law since 1991 and the areas of Litigation - Land Use & Zoning and Litigation - Real Estate for 2012 and 2013, and listed in The Best Lawyers in America® as Hartford Lawyer of the Year in the area of Litigation - Land Use & Zoning for 2013 and in the area of Land Use & Zoning Law for 2012.

He received his B.A (cum laude) from the University of Massachusetts, his Masters of Regional Planning from the University of North Carolina, where he was invited back as the graduation speaker in 2011, and his J.D. from Yale. He is a featured speaker at many land use seminars, and presents monthly audio land use seminars for the International Municipal Lawyers Association.  Dwight has been cited in the national press from The New York Times to People magazine and has appeared on NBC’s The Today Show, MSNBC and public television.

Dwight served for seven years on active duty in the Navy as a Surface Warfare Officer, including three tours in Vietnam, and 24 more years in the reserves, retiring as a Captain following his command of the reserve augmentation unit of the Naval Undersea Warfare Center.

Scott Martinez was appointed to serve as Denver City Attorney by Mayor Michael B. Hancock in January, 2014. Mr. Martinez brings focus, energy and an entrepreneurial approach to the five unique roles of Denver's chief legal officer, which include serving as: lead counsel to all elected city officials, departments, boards and commissions on municipal law, transactions and taxation; defender of the City and its 11,000 employees against legal claims and lawsuits; prosecutor of municipal crime offenders from domestic violence to graffiti and traffic crimes; chief counsel to the country's third busiest transportation hub, Denver International Airport; and protector of the most vulnerable as the county attorney for Denver Human Services.

Paramount to the ability to advise on these broad legal areas are the over one-hundred attorneys and one-hundred staff in the City Attorney's Office, comprising the best public law department in the country. The City Attorney's Office staff is integrated into every city project, initiative, and high-stakes matter that faces the city. To that end, Mr. Martinez is dedicated to creating a culture of inclusivity and innovation at the City Attorney's Office. He believes that culture creates positive ripples in every matter the people in the City Attorney’s Office touch and promotes opportunities for customer-friendly experiences for those interacting with the legal profession.

For the two years immediately prior to his appointment as City Attorney, Mr. Martinez served as the mayor-appointed Deputy City Attorney. The Deputy position serves as the Chief Operating Officer, managing the day-to-day operations of the office. Before coming to work with the City, Mr. Martinez practiced at Colorado’s largest law firm in its Government Investigations & White Collar Defense practice group. In private practice, Mr. Martinez represented companies under federal investigation by the Department of Justice, investigatory committees of the U.S. Senate and House, and by state and local government agencies. Many of those representations focused on the use of electronic data collection and storage, privacy issues, and data breach.

Mr. Martinez’s leadership approach to the City Attorney’s Office is formed by his experience in the private sector, where he regularly interacted with government regulatory systems. He believes that every city employee can be an entrepreneur in their public service and practical problem solver for those that need our help.

As City Attorney, Mr. Martinez has been on the forefront of major legal issues including: the implementation of the nation’s first retail sales of marijuana, revamping City laws to allow for open data sharing, challenging the legal framework prohibiting marriage equality, and tackling the legal issues around public safety.

Mr. Martinez remains active in the broader legal community. He is a Member of the Board of the Colorado Bar Association, the Colorado Hispanic Bar Association, and the Board of Advisors to the Byron White Center for the Study of American Constitutional Law, at the University of Colorado. He has also received accolades as one of the twelve inaugural “Top Up and Coming Attorneys” by Law Week Colorado, honored as one of the Denver Business Journal’s Forty under 40, awarded the Dean Edward King “Pay it Forward” Award by the University of Colorado Law School, and the annual Alumni Award by the University of San Diego School of Law. Under his leadership, the City Attorney’s Office was also awarded the Outstanding Corporate Commitment Award by the Colorado Hispanic Bar Association.

Outside the legal community, Mr. Martinez is active on several boards and commissions. He serves as an appointee to the Municipal Victim Assistance & Law Enforcement Board, the Steering Committee for CitySummit, the Hispanic Chamber of Commerce Public Policy Board, and board member of the Bell Policy Center. He previously served as a gubernatorial appointee to the Colorado Election Reform Commission and the Colorado Collection Agency Board.

In 2008, Mr. Martinez took a leave of absence from private practice to serve on the Obama-Biden Presidential Transition Team where he worked with both the technical and legal teams regarding transparency and ethics in the federal government. He continues his work in the field and has been published on transparency in political campaigns and governmental ethics issues.

Mr. Martinez grew up in Lakewood, Colorado. He holds a B.A. from the University of Colorado at Boulder and a J.D. from the University of San Diego, School of Law. Mr. Martinez’s most important role is as husband to his wife, Julie, and father to two young, rambunctious sons. His favorite spots are in the nose bleed section at a Red Rocks concert and Civic Center Park hitting the food truck scene. Mr. Martinez is a connoisseur of green chile, avid CU Buffalo fan and amateur psephologist.

Jeremy Németh, PhD is associate professor and chair of the Department of Planning and Design and director of the Master of Urban Design program at the University of Colorado Denver. His teaching and research focus on public space, environmental justice, and land use conflict.

Eric Ross is a lecturer in the Departments of Planning and Design and Geography and Environmental Sciences at the University of Colorado Denver. He conducts geospatial research on urban morphology, access to opportunity, and regional, city, and neighborhood planning. He is the owner of Five Points Geoplanning, LLC.

School Bullying

Bullying_Factsheet-a.pdf

Ch02_School Bullying_09-25-14.pdf

Ch04_School Bullying_09-25-14.pdf

Not Alone -The First Report of the White House Task Force to Protect Students from Sexual Assualt.pdf

Violence + Bulling - Examining the Federal Response.pdf

Bill Hurd is a partner in the Richmond office of Troutman Sanders and focuses much of his work on the firm's Appellate practice. He previously served as the first Solicitor General of Virginia (1999 – 2004). In the United States Supreme Court, Bill has appeared on brief (both party and amicus) in more than 30 cases, serving as principal author in more than 25 cases and personally arguing three cases before the Court. Altogether he has appeared on brief in more than 130 appellate cases and has argued more than 50 times before federal and state appellate courts.

Bill served as lead counsel in the statewide election recounts for Attorney General of Virginia in 2005 and 2013 and served as legal counsel to the 2011 Independent Bi-partisan Advisory Commission on Redistricting. In addition to practicing law, Bill is an adjunct professor at George Mason University Law School, where he teaches a course on the Establishment Clause and Free Exercise Clause. He has taught at seminars on a range of topics at the College of William and Mary, the University of Richmond, the Constitutional Court of the Republic of Georgia and Karoli Gaspar University in Budapest, Hungary.

Rodney G. Moore practices in the areas of business litigation, labor and employment, and Public Agency & Municipal law. An experienced litigator, Rodney has tried cases both in federal and state courts. He has also conducted numerous judicial and labor arbitrations. As a business litigator, Rodney has represented businesses ranging from Fortune 500 companies to small and emerging businesses, as well as public agencies in major and routine litigation, including actions alleging unfair business practices, breach of contract, and various statutory and constitutional violations.

As part of Rodney’s labor and employment practice, he assists clients throughout the United States in responding to claims in most areas of employment law, including harassment and discrimination; overtime and other wage and hour claims brought under the Fair Labor Standards Act and similar state statutes; the Family and Medical Leave Act (FMLA); restrictive covenant and trade secrets; whistleblower matters; and public/governmental agency due process claims and hearings.

Rodney is rated “AV” Preeminent by Martindale-Hubbell and has been listed in "The Best Lawyers in America" since 2007. He was selected as a Georgia Super Lawyer by Super Lawyers magazine, and in 2008, Rodney was selected by The National Journal as one of the “50 Most Influential Minority Attorneys in America.”

Rodney is the first and only Georgia lawyer to be elected and serve as the President of the National Bar Association (2008-2009).

James C. Hanks, shareholder at Ahlers and Cooney, leads the K-12 Education practice area, which represents over 150 Iowa school districts on a wide range of complex issues.  Jim combines his extensive education expertise with a public/private sector employment and traditional labor practice and has served as the Chief Negotiator in State collective bargaining for Iowa Governor Chet Culver and former Governor Tom Vilsack.  He is the current Chair of the ABA Section of State and Local Government Law

In his education practice with Iowa schools, Jim has proven to be a valuable advisor to his clients as a strategic problem-solver on a diversity of issues, while being sensitive to the mission of education organizations.  His specialized expertise includes counsel on issues such as: reviewing and drafting board policies and procedures, contracts for services, and public contract matters; advising on board/school management responsibilities, open meetings and open records compliance, school finance issues, environmental problems, gift laws and elections laws; representing school boards and administrators on student rights and discipline adjudications, civil rights complaints and various litigation issues; representing school districts in proceedings involving special education programs and services; and counseling school districts on constitutional issues including freedom of speech, freedom of religion, due process requirement, and equal protection.  On the legislative level, he has been instrumental in directing and shaping the on-going debate concerning amendments to the Public Employment Relation Act and the teacher contract termination law.

Jim’s employment and labor practice includes: representing, advising, and counseling school districts in their labor negotiations and labor relations, including negotiating contracts and representing the districts in mediation, fact finding, and arbitration; working with administrators in investigating and responding to allegations of employee misconduct; representing school districts in grievances filed under the collective bargaining agreements with the district’s organized employees; advising school districts regarding discipline and discharge of employees in the organized units as well as other employees; preparing personnel policies and administrative procedures; and representing school districts in all matters involving claims of discrimination filed with the EEOC and the Iowa Civil Rights Commission.

The New Road Ahead

The New Road ahead for Municipal Bond Disclosure

Kenneth W. Bond has 35 years of experience as transaction counsel involving infrastructure and project finance including economic and industrial development, public utility, privatization of public facilities and public purpose facilities. He represents and advises public sector issuers, corporations and financial institutions in the areas of public funds and public debt management, public sector energy projects and policy, and the development of financial services products.

Ken is a member of Squire Patton Boggs public finance and financial services practices. He serves on the Executive Committee of the Municipal Law Section of the New York State Bar Association. He is a member of the Council of the State and Local Government Law Section of the American Bar Association, having served as chair of the Public Finance Committee of the Section from 2006 to 2011, and a member of the Legal and Legislative Committee of the New York State Government Finance Officers Association. Ken is a governor of The Municipal Forum of New York, Inc., having served as secretary from 1993 to 2010. He is a trustee of the Citizens Budget Commission and co-chair of its Committee on State Fiscal Reform.

Ken is an adjunct professor of state and local government finance law at Albany Law School and is on the advisory board of the Government Law Center of Albany Law School. He is a Fellow of the American College of Bond Counsel.

Rebecca Olsen is Chief Counsel in the Office of Municipal Securities of the U.S. Securities and Exchange Commission which is responsible for administering SEC rules on practices of broker-dealers, municipal advisors, investors, and issuers in the municipal securities area and coordinating with the Municipal Securities Rulemaking Board (MSRB) on rulemaking and enforcement actions. The Office of Municipal Securities advises the Commission and other SEC offices on policy matters, enforcement, and other issues affecting the municipal securities market and oversees MSRB rulemaking and the SEC’s municipal advisor registration program. Prior to joining the SEC, Ms. Olsen worked as public finance attorney at the law firm of Ballard Spahr LLP for over a decade where she served as underwriter’s counsel, bond counsel, lender’s counsel and borrower’s counsel on a wide variety of public debt offerings and private placements. Ms. Olsen has a B.A. in Political Science from Boston College, a J.D. from the Georgetown University Law Center and an LL.M. in International Business Law from the Vrije Universiteit Amsterdam, The Netherlands.

Stephen J. Adnopoz represents public authorities, underwriters, and purchasers of municipal securities, borrowers, and providers of credit enhancement and trustees, as well as serving as bond, transaction, and disclosure counsel in hundreds of financings aggregating in excess of $20 billion. He has substantial experience with non-profit, senior living, multi-family housing, pooled security, private activity, higher education, and taxable economic development financings, as well as other revenue bond and general obligation financings. His experience includes public and intrastate offerings, primary and secondary private placements, taxable and tax-exempt securities, construction loans, permanent financings, workouts, and reorganizations in a broad range of financing purposes, methods and structures. He has also assisted clients in drafting legislation.

Mr. Adnopoz received a J.D. from the University of Virginia School of Law and an A.B., cum laude, with distinction, from Dartmouth College. He is a member of the National Association of Bond Lawyers and the Municipal Forum of New York and is a Fellow of the American Bar Foundation. He has served as a faculty member for the American Bar Association CLE programs on the impact of the Stimulus Act and currently serves as Chair of the Public Finance Committee and Section Budget Officer of the State and Local Government Section of the ABA . Mr. Adnopoz has been a panelist at workshops and seminars on municipal bonds in the areas of non-profit financings, taxable obligations, and pooled security/bond banks. He has also been active in assisting states and municipalities in creating economic development programs. He is admitted to practice in New York and Connecticut.

Serena L. Sparks is the Co­-Founder and Managing Member of Moore Sparks. She began her career in local government law with the law department of a large metropolitan municipality, where she successfully defended Section 1983, employment discrimination and sexual harassment actions. She also served as a trusted advisor to the city’s public safety and finance departments. She now represents local government entities, focusing on public finance, employment and public safety matters.

In addition to being an accomplished litigator and counselor, Serena is a respected municipal finance professional, having served as bond counsel, disclosure counsel, underwriter’s counsel and issuer’s counsel in a wide variety of municipal finance transactions with a value of more than $4 billion. In her role as issuer’s counsel, she has established and implemented internal processes to evaluate and improve compliance with primary and secondary disclosure obligations under applicable federal securities laws. She is also experienced in advising clients regarding their continuing disclosure obligations pursuant to SEC Rule 15c2-12 and on post issuance compliance matters.

Serena is a member of the State Bar of Georgia and the Georgia Association of Black Women Attorneys (“GABWA”). She has served as Co­Chair of the Solo Practice and Small Firm Section of GABWA. She previously served as a member of the Steering Committee for the National Association of Bond Lawyers’ (“NABL”) annual Bond Attorneys Workshop and a faculty member for the annual Fundamentals of Bond Law Seminar and as Chair of the Diversity Committee. Passionate about developing the next generation of legal minds, she serves as an Attorney Coach for the Sandy Creek High School Mock Trial team in Fayette County, Georgia.

Serena is a graduate of Howard University School of Law, where she served on the editorial board of the Howard Law Journal. She earned a Bachelor of Arts in Economics from Boston University.

The Regulation (or not!) of E-Cigarettes

Bryan Haynes devotes his practice to representing businesses in disputes and regulatory compliance matters initiated by governmental agencies, including by state Attorneys General, and in other commercial litigation. Bryan is an accomplished trial lawyer who has served as lead counsel in state and federal courts across the country. Bryan is a member of the firm's Tobacco Law practice and is focused on representing tobacco manufacturers, distributors, retailers and suppliers in all aspects of their businesses, including regulatory compliance, Food and Drug Administration (FDA) requirements, administrative disputes involving a federal or state governmental entity, commercial agreements and tobacco taxation matters. Follow Bryan’s ongoing analysis and commentary on developments in tobacco law at http://www.tobaccolawblog.com/

Ellen Rosenblum, former federal prosecutor and state trial and appellate judge, was elected to a four-year term as Oregon's 16th Attorney General in November, 2012. She is the first woman to serve as Oregon Attorney General. Ellen's priorities as Attorney General include advocating for and protecting Oregon's most vulnerable, including especially its families and children, its seniors, Oregonians whose first language is not English, and students who have incurred significant education-related debt. She is committed to assisting district attorneys and local law enforcement in prosecuting complex crimes and has made internet and other crimes against children her highest priority. Ellen has been active in local and national organizations of lawyers, judges and attorneys general. She currently serves on the Executive Committees of the National Association of Attorneys General and the Conference of Western Attorneys General. She has served as Secretary of the American Bar Association and currently co-chairs the ABA’s Section of State & Local Government Law’s committee devoted exclusively to state attorney general issues.

Chris Casey is Senior Vice President of Law and General Counsel of Swisher International, Inc., a leading manufacturer of cigars and smokeless tobacco products. Swisher entered the e-cigarette market in mid-2012 with its “e-Swisher” line of electronic cigarettes and cigars. Mr. Casey also currently serves as Secretary and General Counsel for E-Alternative Solutions, LLC, a sister company to Swisher created to bring a dedicated focus to the emerging vapor category. In both capacities, Mr. Casey’s job responsibilities include advising the management teams on a wide variety of legal and regulatory issues, and he serves as Swisher’s principal point of contact with the U.S. Food and Drug Administration’s Center for Tobacco Products.
Mr. Casey is a member of the Board of Directors of the Cigar Association of America (“CAA”), a trade association representing manufacturers and importers of cigars as well as major suppliers to the industry, and serves on its Legal Affairs Committee. In the latter capacity, Chris works closely with CAA personnel, other CAA member companies, and outside lawyers and consultants to address legislative and regulatory issues of concern to the cigar industry at the federal and state levels.
Prior to joining Swisher in 2007, Chris was a partner in the Jacksonville office of Hinshaw & Culbertson, a national law firm based in Chicago. He is a 1991 graduate of Rhodes College, with a degree in Political Science, and a 1994 graduate of the University of Georgia School of Law.

The Times Have Changed

ABA Presentation Mallory near final.pdf

David Driskell serves as Executive Director of Community Planning and Sustainability for the City of Boulder (CO), overseeing the city’s comprehensive planning, physical development, economic vitality and sustainability programs. He also currently serves as the city’s Interim Housing Director, overseeing affordable housing programs and housing policy initiatives. His interests and expertise include community participation, sustainability planning, land use, affordable housing, and community design. He previously served as UNESCO Chair for "Growing Up in Cities" at Cornell University, leading an international action-research initiative active in over 10 countries, with in-depth work in both New York City and Nairobi, Kenya. He has written a number of scholarly articles and book reviews, and authored the book, Creating Better Cities with Children and Youth: a Manual for Participation (Earthscan, UNESCO: 2002). As a principal in the consulting firm of Baird + Driskell Community Planning, as well as in the Community Planning Collaborative, he has led planning initiatives with public sector agencies in California, New York and New Jersey, and in Qatar and India. He received his undergraduate degree in urban studies at Stanford University, and masters degree in city planning at MIT. He has served as adjunct faculty at UC Berkeley, Stanford, and UC Davis in addition to his years teaching at Cornell, and led training programs in Jordan, Canada and The Netherlands. He is a research affiliate of the Center for Children, Youth and Environment at the University of Colorado, and actively involved in the Urban Sustainability Directors Network.

David Mallory currently serves as the Manager of the Floodplain Management Program at the Urban Drainage and Flood Control District (UDFCD) in Denver, Colorado. David is a graduate of Colorado State University and has over 35 years of experience in the Denver metro area, 20 years in the private sector and the last 15 with the District. He was first registered as a professional engineer in the state of Colorado in 1981.

David supervises all aspects of the program, including the review of development proposals adjacent to streams, floodplain mapping and the Cooperating Technical Partnership (CTP) initiative with the Federal Emergency Management Agency (FEMA) including the letters of map change (LOMCs) delegation. The program is also heavily involved with FEMA’s Risk MAP initiative.

David is active in a number of national organizations including the Association of State Floodplain Managers (ASFPM), the National Association of Flood and Stormwater Management Agencies (NAFSMA) and the Natural Hazard Mitigation Association (NHMA).

Kathy Parker is an Assistant County Attorney for Boulder County, Colorado who focuses on the legal issues surrounding land use regulation, housing law, and disaster recovery. A newer attorney, Kathy is a 2012 graduate from the University of Colorado Law School. During her time at Colorado Law, Kathy served internships with administrative law judges at the Federal Mine Safety and Health Review Commission as well as at the Colorado Office of Administrative Courts. During law school, Kathy also served as production editor for the Colorado Journal of International Environmental Law and Policy and authored Keystone XL: Reviewability of Transboundary Permits in the United States published in Volume 24 therein.