ABA Section of Science & Technology Law Nominees for 2013–2014 Section Officer and Council Positions

Vol. 9 Special Edition

The Nominating Committee, chaired by Hugh B. Wellons, is pleased to announce the following slate of nominees for 2013–2014 Officer and Council positions in the ABA Section of Science & Technology Law. The Section’s members will vote on the slate of candidates during the Section’s Annual Business Meeting, which immediately follows the Council Meeting on Friday, August 9, 2013, in San Francisco, CA, during the ABA Annual Meeting.

CHAIR-ELECT Michael Hawes

VICE-CHAIR Cynthia Cwik

SECRETARY Eileen Smith Ewing

COUNCIL David Z. Bodenheimer Krista Hessler Carver Ericka Watson


Incoming Section Chair

Hugh B. Wellons will automatically succeed to the position of Section Chair at the completion of the ABA Annual Meeting in San Francisco.

Hugh is a partner of Spilman Thomas & Battle, PLLC in Roanoke, Virginia, where he focuses on corporate law, securities law (including board compliance matters), mergers and acquisitions, life sciences, and financial companies. He counsels large public companies as well as small closely held businesses and start-ups. He is a member of the Virginia State Bar Association and serves on the Virginia Bar Association Task Force to revise and recommend for adoption the revised Uniform Securities Act.

Hugh is a frequent lecturer on corporate matters, including biotechnology, licensing of IP, corporate governance, securities law, strategic transactions, business formation, exit strategies, venture capital, and other funding concerns. He regularly counsels companies in connection with business and legal strategy, corporate governance issues, mergers and acquisitions, securities, and regulatory compliance.

He is currently Chair-Elect of the ABA Section of Science & Technology Law, Vice Chair of the Section’s Long-Range Planning Committee, and a member of the Section Council. Hugh also serves as a member of the ABA’s Special Committee on Bioethics and the Law. He is a past chair of the Section’s Committee on Biotechnology Law, the Program Committee, and the Life and Physical Sciences Division, and he is senior editor and an author of the ABA SciTech Section book Biotechnology and the Law: A Primer. Hugh was selected for The Best Lawyers in America for biotechnology law from 2007–2012.

Hugh received his B.A. degree from Duke University and his M.B.A. from Duke University’s Fuqua School of Business. He earned his J.D. degree from Washington & Lee University.


Section Chair-Elect

Michael Hawes is a partner of Baker Botts LLP, with his home office in Houston. He assists individuals and companies who are resolving disputes over technology access and ownership, initiating technology-driven ventures, or forming technology-focused relationships. He frequently represents clients when software rights are contested in arbitrations, trials, and on appeal of cases dealing with patent and copyright infringement, antitrust violations, trade secret misappropriation, and violation of the intellectual property provisions of employment agreements.

Michael currently serves as Secretary of the ABA Section of Science & Technology Law and is a member of the Section Council, Co-Chair of the E-Commerce and IT Division, and a member of the Finance Committee. Michael also participates in state-level bar activities as the Chair of the Antitrust and Standardization Committee for the IP Section of the Texas Bar.

Michael received his electrical engineering degree from Rice University, graduated magna cum laude from Harvard Law School, and was a law clerk for Judge William Bryson at the Court of Appeals for the Federal Circuit. When the weather is good, Michael tries to spend some time hiking and camping in the Oregon Cascades.


Section Vice-Chair

Cynthia Cwik is a partner with the San Diego office of Jones Day. She has extensive experience in complex litigation and class actions, including mass tort and product liability cases, consumer class actions, and environmental and securities cases. She has been selected seven times as a California “Top Female Litigator” by The Los Angeles/San Francisco Daily Journal, and she has been included in The Best Lawyers in America.

Cynthia has considerable experience with scientific issues and expert witnesses, and she has had significant victories in high-profile matters involving scientific issues. She was featured in a front-page article in The San Diego Daily Transcript, which described how her attention to scientific detail led to courtroom success. In one case, Cynthia won motions to exclude the testimony of five of the plaintiffs’ experts and had the claims of all of the trial plaintiffs dismissed. A journalist described Cynthia as “formidable” and “the mastermind behind the team’s savvy attack.”

Cynthia has served the ABA Section of Science & Technology Law in various leadership roles, such as Life & Physical Sciences Division Chair, Interdisciplinary Division Chair, and Scientific Evidence Committee Chair. She served as coeditor of the new ABA SciTech Section book Scientific Evidence Review. She has been active in other bar and community organizations, including serving as the Chair of the Executive Committee of the Yale Law School Association, the President of the San Diego Chapter of the Federal Bar Association, and a Lawyer Representative to the Ninth Circuit Judicial Conference. Cynthia is a frequent lecturer and has made presentations to many organizations, including the Association of General Counsel, the National Judicial College, and the ABA.

Cynthia graduated summa cum laude from Yale College in 1983 and from Yale Law School in 1987.


Section Secretary

Eileen Smith Ewing is a partner with the firm of Robinson & Cole LLP, resident in its Boston office. 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 coeditor-in-chief and a chapter author of the ABA SciTech Section book Biotechnology and the Law: A Primer. 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 “Life Sciences Star” in the Financial & Transactional category.

Eileen currently serves as Co-Chair of the SciTech Section’s Life and Physical Sciences Division. She also is a member of the Section Council. Past ABA positions include chair of the Section’s Biotechnology Committee and member of the ABA Special Committee on Bioethics and the Law. Eileen is an American Bar Foundation Fellow.

Eileen received her B.A. degree in East Asian Studies, summa cum laude, from Harvard University and her J.D. degree from Columbia University School of Law.


Section Council

David Z. Bodenheimer is a partner in the law firm of Crowell & Moring LLP, where he heads the Homeland Security Practice and specializes in government contracts, cybersecurity, and privacy. Resident in the DC office, he joined the firm in 1988 after six years with the US Navy Department and many years as a University of North Carolina Tar Heel (JD, MBA, BA, 1974–82).

Representing all sizes of technology clients for 30 years, David litigates, counsels, and resolves the full range of issues confronting clients in selling to the government. See, e.g., Supreme Foodservice GmbH v. United States, 109 Fed. Cl. 369 (2013) (injunctive action on $8 billion acquisition); Health Net Federal Services, 2009 CPD ¶ 220 (protest litigation involving $16 billion award); Wynne v. UTC, 463 F.3d 1261 (Fed. Cir. 2006) ($299 million defective pricing litigation, 33-day trial, and Federal Circuit appeal). He authored the Defective Pricing Handbook (Thomson West, 2012–13 ed.) and regularly lectures on government contracting, pricing, and fraud matters.

In the cyber arena, he has advised and trained Fortune 500 companies on cyberlaw and security, handled protest litigation on cyber issues, testified before Congress on cybersecurity, taught cyber contracting for Thomson West Federal Publications, and published extensively. He currently serves as the Chair of the SciTech Section’s Security, Privacy, and Information Law Division, Chair of the Section’s Homeland Security Committee, and Co-Chair of the ABA Public Contract Law Section’s Cybersecurity, Privacy, and Data Protection Committee.

Krista Hessler Carver is a senior associate in the Food and Drug law practice group at Covington & Burling LLP in Washington, DC. Krista has a wide-ranging practice that includes FDA regulatory, compliance, transactional, and legislative matters for large and small companies and trade associations in the medical device, biotechnology, pharmaceutical, diagnostic, and cosmetic industries. Krista writes and speaks regularly on subjects such as medical device regulation, biosimilars, and personalized medicine, and she is Coeditor-in-Chief of Covington’s Inside Medical Devices blog. Since 2008, Krista has served on the Section’s Biotechnology Law Committee in the positions of Vice-Chair, Co-Chair, and Chair, and she has served on the Section’s Book Publishing Committee since 2011. She also has served on the Section’s Nominating Committee. Krista just finished her term as Chair of the Editorial Advisory Board of the Food & Drug Law Journal. Krista graduated magna cum laude from Harvard Law School and earned her B.S. in chemistry, summa cum laude, from the College of William & Mary. Krista is admitted to the bars of Virginia and the District of Columbia.

Ericka Watson is currently Senior Counsel for Global Privacy at AbbVie, a global biopharmaceutical company, previously part of Abbott Laboratories. She has strategic and tactical experience in implementing and enforcing comprehensive corporate privacy programs and cross-business working environments in the management of regulated data. She advises AbbVie on a wide range of business matters and strategies that involve legal privacy impact on specialty pharmacies, medical devices, labs, research, clinical trials, pharmacovigilence, secondary data use, information technology (including HIT), marketing, sales, product development, and customer support services.

Ericka previously led privacy for six years at GE Healthcare, where she operated globally. She was responsible for leading efforts to accomplish internal compliance and enabling client compliance with data protection requirements through the development of comprehensive and effective technology solutions, internal procedures, security controls, and awareness programs. She navigated challenging and novel privacy and data security issues and worked to develop compliant solutions.

Ericka is a frequent speaker on privacy matters, including cloud computing, HIPAA, developing a global privacy program, and mobile privacy.

Ericka is currently serving as Vice-Chair of the Healthcare Technology Committee of the ABA Section of Science & Technology Law. She received her BA from CUNY-Hunter College and earned her JD from the University of Wisconsin–Madison. She is an active member of the Wisconsin bar.

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