June 2015

NAFUSA Update is published monthly. NAFUSA's website can be accessed directly from this newsletter. New articles are posted to the website during the month.  You may also subscribe to NAFUSA email updates, delivered to your inbox overnight, the day after any new items are posted. (Be sure to complete the two step process.) You can also follow NAFUSA on Twitter (@NAFUSAorg).
Sally Yates Confirmed as DAG

Sally Yates On May 13, 2015, the Senate voted 84-12 to confirm Sally Yates as deputy attorney general. She has held the post on an acting basis since January. She previously served as the United States Attorney for the Northern District of Georgia, confirmed on March 10, 2010, and as the vice chairwoman of the the Attorney General's Advisory Committee (AGAC). She is a graduate of the University of Georgia School of Law. Yates replaced James Cole, who spent over four years as DAG before resigning at the beginning of the year.


Attorney General Loretta E. Lynch released the following statement on the confirmation of Sally Quillian Yates as Deputy Attorney General:

I am pleased to congratulate Sally Yates on her confirmation as Deputy Attorney General - a vital position she has already held in an acting capacity and in which I am confident she will continue to excel.  I thank the members of the United States Senate for their prompt action on her nomination.


At every stage of her career, Sally has demonstrated her dedication to the rule of law, her devotion to the cause of justice and her commitment to all those whom the law protects and empowers.  Her leadership and her skill have earned her the respect and the trust of law enforcement professionals at every level.  And her exemplary work on a wide range of issues - from combating public corruption to prosecuting acts of terrorism - has proven that she is equal to any task.


During the time we served together as U.S. Attorneys and through these first few weeks of my tenure as Attorney General, Sally has been an indispensable ally, an outstanding professional, and a judicious and expert advisor.  I congratulate her once again on her confirmation, and I look forward to all that the Department of Justice will continue to achieve with the help of her exceptional leadership.



Rosenberg Named Acting DEA Adminstrator

Chuck Rosenberg

The Department of Justice on May 13, 2015, announced the appointment of NAFUSA member Chuck Rosenberg to serve as Acting Administrator of the Drug Enforcement Administration (DEA).


"Throughout his distinguished career in law enforcement and public service, Chuck has earned the trust and the praise of his colleagues at every level," said Attorney General Loretta E. Lynch.  "He has proven himself as an exceptional leader, a skilled problem-solver, and a consummate public servant of unshakeable integrity.  And he has demonstrated, time and again, his deep and unwavering commitment not only to the women and men who secure our nation, but to the fundamental values that animate their service.  As Acting Administrator of the DEA, Chuck will play a vital role in the work of this Administration and this Department of Justice to pursue American priorities, protect American interests, and safeguard our way of life.  I can think of no better individual to lead this storied agency, and I have no doubt that his tenure will be defined by the same commitment to honor and excellence that has guided him throughout his distinguished career.  I congratulate him once again on this well-deserved appointment, and look forward to all that he will achieve in the days ahead."


A veteran of the Justice Department, Rosenberg served as Chief of Staff to the Director of the FBI prior to his new appointment.  In that role, he worked closely with Director James B. Comey and other senior FBI officials on counterterrorism, intelligence, cyber and criminal investigative issues, including with international, federal, state and local law enforcement partners.  He also worked closely with Director Comey on management, policy and personnel issues.


"Chuck Rosenberg is one of the finest people and public servants I have ever known," said Director Comey.  "His judgment, intelligence, humility, and passion for the mission will be sorely missed at FBI.  I congratulate our friends at the Drug Enforcement Administration.  This is good for the entire Department of Justice and the country."


Rosenberg was presidentially appointed and confirmed as the U.S. Attorney of the Eastern District of Virginia, from 2006 through 2008, and appointed by the Attorney General to serve as the U.S. Attorney of the Southern District of Texas, from 2005 through 2006.


Rosenberg was hired out of law school through the Attorney General's Honors Program and has served in numerous positions throughout the Department of Justice, including Chief of Staff to the Deputy Attorney General from 2004 through 2005, Counselor to the Attorney General from 2003 through 2004, Counsel to the Director of the FBI  from 2002 through 2003, an Assistant U.S. Attorney in the Eastern District of Virginia from 1994 through 2000, and a Trial Attorney for the Tax Division's Criminal Enforcement Section  from 1990 through 1994.


Rosenberg has also spent time working in private practice as Counsel at Hunton and Williams, from 2000 through 2002, and as a partner at Hogan Lovells US LLP (2008-2013). Rosenberg received his B.A. from Tufts University, his M.P.P. from Harvard University and his J.D. from the University of Virginia. Rosenberg assumed the role of Acting Administrator on May 18, 2015.  He replaced Administrator Michele Leonhart, who previously announced her retirement.



Yang Named To NLJ's List of Outstanding Women Lawyers

Debra Wong Yang 

On April 15, 2015, The National Law Journal presented its list of "75 of the most accomplished female attorneys working in the legal profession today." The Journal said, "These women, selected from hundreds of nominations, represent excellence in private practice, corporate counsel work, public interest representation, legal education and the judiciary." 


Among the 75 is NAFUSA member Debra Wong Yang, a partner at Gibson, Dunn & Crutcher in Los Angeles. She is Co-Chair of the firm's Crisis Management Practice Group, the White Collar Defense and Investigations Practice Group and the Privacy, Cybersecurity, and Consumer Protection Practice Group. She is a member of the Media and Entertainment and Intellectual Property Practice Groups.


Yang's practice specializes in corporate crime and compliance. She served as a DOJ-appointed Monitor over an orthopedic manufacturing company with health care compliance and regulatory issues. She has also represented companies and boards in internal investigations, compliance matters, and criminal investigations. In addition, Yang has provided advice on matters relating to FCPA, trade secrets, and cyber/data intrusions. She has overseen teams of attorneys conducting internal investigations and has reviewed compliance programs in a variety of industries. She has also managed matters in the crisis arena relating to recalled products, health care and insurance.


Yang served as the United States Attorney for the Central District of California, 2003-2007. Prior to being appointed United States Attorney, Yang was a California state judge. She was appointed to the Los Angeles Municipal Court in 1997, serving for a time as a Supervising Judge, and became a member of the Los Angeles Superior Court bench in 2000.


Yang has been an adjunct professor at the USC School of Law and has instructed at the National Institute of Trial Advocacy and at California's Judicial College.


Yang has remained active in the local and legal communities for an extensive time. The Daily Journal named her to the 2014 list of California's Top 100 lawyers highlighting her role in defending USC in the media followed suit involving an off-campus shooting.  And the April 2015 Global Investigations Review selected her as one of the top 100 women leading investigations around the world.In 2010 she was named by the Los Angeles Chapter of the Federalist Society as Lawyer of the Year. In 2009, she was selected to serve as a Los Angeles Police Commissioner, part of the civilian oversight committee of the Los Angeles Police Department. She has been recognized as a champion of civil rights by both the Los Angeles City Council in 2002 and the Inglewood Superior Court. She was selected by The National Law Journal as one of the Top 100 Influential Minority Attorneys and by the Los Angeles Business Journal for their Who's Who in Law.


Yang received her Juris Doctorate in 1985 from Boston College Law School and served as a law clerk to the Honorable Ronald S.W. Lew in the U.S. District Court for the Central District of California.




Hanaway Runs for Governor

Catherine Hanaway When NAFUSA Board Member Catherine Hanaway was first elected to the Missouri House of Representatives in 1998, she was a freshman lawmaker in a body dominated by Democrats. By the time she left the House in 2004, she had become its first female Speaker in half a century. After her time in the House, President George W. Bush appointed her U.S. Attorney for the Eastern District of Missouri. Since then, in the private sector, she has built a successful law practice. A mother-of-two who grew up in rural Nebraska and Iowa, Catherine Hanaway is now seeking to be elected as the governor of Missouri.


Learn more about Catherine's stances on the issues at Hanaway Quick Sheet



The Fiske Fellowship at Michigan Law
The Fiske Fellowship was established in 2001 at the University of Michigan Law School by NAFUSA member Robert Fiske, '55, a senior counsel at Davis Polk & Wardwell and a former U.S. attorney for the Southern District of New York. Three-year fellowships are awarded annually to up to four Michigan Law graduates who serve as government lawyers. Fellows receive a $5,000 first-year cash stipend and debt repayment assistance to cover required annual payments for all educational loans, a combination that provides much-needed financial breathing room.


In establishing the fellowship, Fiske hoped to encourage more Michigan Law students and recent graduates to consider government service, despite the lure of larger paychecks in the private sector.


Bob Fiske is shown below in a photo from the Spring 2015 edition of Law Quadrangle, Notes from Michigan Law, with the 2014 Fellows (left to right): Samuel Hall, '13, Elizabeth Grossman, '12, Meridith Garry, '13, and Austin Hakes, '12.



Fiske Fellows





Joe Whitley Featured at Law Atlanta

Joe Whitley
NAFUSA member Joe Whitley is named Attorney of the Month and featured in the 
current issue of the Metro Atlanta Edition of Attorney at Law. The article highlights Joe's distinguished career, which includes serving as U.S. Attorney in the Middle and the Northern District of Georgia, the Acting Associate Attorney General, and the first General Counsel of the Department of Homeland Security. The article also discusses his recent move to Baker Donelson.


Marianne Jennings To Speak on Ethics at Scottsdale Conference
Marianne Jennings

The planning has begun for NAFUSA's annual conference, to be held this year on October 15-17, at The Phoenician in Scottsdale Arizona. President Matt Orwig has announced the first speaker signed for the conference.


Professor Marianne Jennings, an emeritus professor of legal and ethical studies in business from the W.P. Carey School of Business at Arizona State University, will speak on Friday morning, October 16, on eithics.. She was named professor of the year in the College of Business in 1981, 1987, 2000, and 2010 and was the recipient of a Burlington Northern teaching excellence award in 1985. She served as director of the Joan and David Lincoln Center for Applied Ethics at ASU from 1995-1999. From 2006-2007, she served as the faculty director for the MBA Executive Program. She continues to teach graduate courses in business ethics and ethical culture at colleges around the country, and returned to ASU to teach graduate courses in the MBA and MACC masters programs.


Professor Jennings has authored hundreds of articles in academic, professional and trade journals. She was given best article awards by the institute of Internal Auditors and the Association of Government Accountants in 2001 and 2004. In 2006, her article, "Ethics and Investment Management: True Reform," was selected by the United Kingdom's Emerald Management Review from 15,000 articles in 400 journals as one of the top 50 articles in 2005. She was named one of the Top 100 Thought Leaders by Trust Across America in 2010. In 2012 she was named one of the 100 Most Influential People in Business Ethics by Ethisphere magazine.


Currently she has six textbooks and monographs in circulation. The eighth edition of her textbook, Case Studies in Business Ethics, and the tenth edition of her textbook, Business: lts Legal, Ethical and Global Environment were published in January 2014. Her first textbook, Real Estate Law, will have its 11th edition published in January 2016. Her text, Anderson's Business and the Legal Environment will have its 23rd edition published in January 2016.


Her book, Business Strategy for the Political Arena, was selected in 1985 by Library Journal as one of its recommended books in business/government relations. A Business Tale: A Story of Ethics, Choices, Success, and a Very Large Rabbit, a fable about business ethics, was chosen by Library Journal in 2004 as its business book of the year. A Business Tale was also a finalist for two other literary awards for 2004. In 2000, her book on corporate governance was published by the New York Times MBA Pocket Series. Professor Jennings' book on long-term success, Building a Business Through Good Times and Bad: Lessons from Fifteen Companies, Each With a Century of Dividends, was published in October 2002 and has been used by Booz, Allen, Hamilton for its work on business longevity. Her book, The Seven Signs of Ethical Collapse is used by auditors in advance detection of fraud and is a primer on corporate culture, including analysis of board efficacy. Her books have been translated into five languages.


She is a contributing editor for the Real Estate Law Journal, New Perspectives, The Smart Manager, and the Corporate Finance Review. She served on the Board of Editors for the Financial Analysts Journal from 2007-2012. She served as editor-in-chief of the Journal of Legal Studies Education during 2003-2004. 


Her columns have been syndicated around the country, and her work has appeared in the Wall Street Journal, the Chicago Tribune, the New York Times, Washington Post, and the Reader's Digest. A collection of her essays, Nobody Fixes Real Carrot Sticks Anymore, first published in 1994 is still being published. She was given an Arizona Press Club award in 1994 for her work as a feature columnist. She has been a commentator on business issues on All Things Considered for National Public Radio. She served as chair of the Bonneville International Advisory Board for KHTC/KIDR from 1994-1997 and was a weekly commentator on KGLE during 1998. She has appeared on CNBC, CBS This Morning, the Today Show, and CBS Evening News.


Professor Jennings earned her undergraduate degree in finance and her J. D. from Brigham Young University. She has done consulting work for law firms, government agencies, businesses and professional groups.



Hardin Files Suit on Right-to-Die on Behalf of Former RFK Special Assistant

NAFUSA Board Member Hal Hardin filed a lawsuit on Tuesday, May 19, 2015, in Davidson County Chancery Court in Tennessee on behalf of John Jay Hooker, a lawyer, civil-rigjhts activist and former political candidate. Hooker has is facing terminal illness and is challenging Tennessee's law that prohibits assisted suicide.


John Jay Hooker
Photo: Larry McCormack, The Tennessean



Hooker, shown above, was a close friend of Robert Kennedy and became Bobby's special assistant, working on various projects at DOJ when Kennedy was the Attorney General. Hooker lived with RFK at his family home in McLean, Virginia. The lawsuit contends that the state law, which makes it a felony for a doctor or another person to assist in any way in someone's death, violates the state constitution. Only five states- Oregon, Montana, New Mexico, Vermont and Washington currently allow or do not prohibit doctors prescribing drugs that permit terminally ill patients to end their lives. Hooker was joined by three doctors as plaintiffs in the suit.


Hal Hardin Hardin, shown right, served as United States Attorney for the Middle District of Tennessee (1977-1981).


King & Spalding Seek To Limit Extension of Hobbs Act

A former Baltimore police officer was accused of agreeing with owners of a local repair shop to refer damaged cars to the shop in exchange for cash payments. Under settled precedent, this alleged conduct constitutes extortion "under color of official right." See Evans v. United States, 504 U.S. 255, 2698, (1992). But the government went further and charged the former officer with a Hobbs Act violation by bringing a separate count for conspiracy to commit extortion under color of official right. The former officer was convicted and the conviction was affirmed by the Fourth Circuit.


John Richter Certiorari has been granted by the United States Supreme Court. According to NAFUSA member John Richter, a partner at King & Spalding, "The case presents an important question of statutory interpretation concerning the Hobbs Act: whether a conspiracy to extort 'property from another' under the Hobbs Act requires the government to show that the conspirators agreed to obtain property from someone outside the conspiracy."


Richter has been seeking support from former United States Attorneys who are willing to join a brief in support of petitioner. The amicus brief is expected to be filed June 8 by Baker Botts.




Heathy & Tompkins Join NAFUSA

Timothy J. Heaphy and Ann Tompkins, two Obama appointees who have recently left the U.S. Attorney positions to join law firms, are NAFUSA's newest members.


Tim HeaphyTim Heathy, left, is a partner at Hunton & Williams LLP, and is chair of the firm's white collar defense and internal investigations practice. Prior to joining Hunton & Williams, Tim was the United States Attorney for the Western District of Virginia. He served on the Attorney General's Advisory Committee (AGAC), advising the Attorney General on emerging policy issues, served as Chairman of the AGAC's Subcommittee on Enforcement Coordination, Victims Issues and Community Outreach, and was a member of the Subcommittees on Criminal Practice, Violent and Organized Crime and Civil Rights.


Before serving as the US Attorney, Tim was a partner at an international law firm where he represented individuals and business entities in white collar criminal defense matters. From 1994 to 2006, Tim served as Assistant United States Attorney in the District of Columbia and the Western District of Virginia. Prior to law school, Tim served on the staff of then-Senator Joseph R. Biden. He is a graduate of the University of Virginia School of Law.


Anne Tompkins Anne M. Tompkins, right, has joined Cadwalder, Wickersham & Taft as a partner in the firm's White Collar Defense and Investigations Group, resident in the Charlotte and Washington offices. Her practice focuses on representing companies and financial institutions, as well as their officers and directors in criminal, civil, and administrative investigations.


Anne was the United States Attorney for the Western District of North Carolina from April 2010 to March 2015. She led numerous high-profile, complex criminal and civil investigations during her tenure, including a public corruption case involving the former mayor of Charlotte, the national security case against former general and CIA Director David Petraeus. Anne served on the AGAC and was appointed Co-Chair of the Civil Rights Subcommittee and was an active member of the Health Care Fraud and White Collar Crime Subcommittees.


Anne also served as an Assistant U.S. Attorney in the Western District of North Carolina, during which time she was detailed for eight months to the Regime Crimes Liaison Office in Baghdad, Iraq, where she assisted the Iraqi Special Tribunal investigation into international humanitarian crimes committed by members of the regime of Saddam Hussein.


Anne was an adjunct professor at the Charlotte School of Law, teaching Criminal Procedure and White Collar Crime. She received her law degree from the University of North Carolina School of Law.



Vaira Publishes Article on Protecting Against Cyberattacks on Colleges and Universities


Peter Vaira
NAFUSA member Peter Vaira (ED Pennsylvania 1978-1983) has published an article in The Legal Intelligencer on May 19, 2015, Protecting Against Cyberattacks on Colleges and Universities. Vaira writes that colleges and universities are increasing targets for cybercrime operators.


We are not talking about hackers who want access to prove their skills; the propriety information in certain university departments is valuable on the black market for big money. There is an immense amount of personal information about applicants and students that are supplied every year. Social Security numbers and personal addresses are valuable to people seeking to establish bogus credit cards for purchases of valuable property or for cash advances. There are thousands of research grants at universities that produce new products, drugs and medical devices. The research material from these projects can readily be sold on foreign markets. Many research projects do receive increased protection within the school's system, although often not enough.

Vaira's article examines prevention measures to be considered by the universities, colleges and their law firms.


NAFUSA Board Meets in Nashville

On May 16, 2015, the NAFUSA officers and board members met in Nashville for their annual Spring meeting. The meeting was held at The Hermitage Hotel. As is the custom, members paid their own travel and hotel expenses.

President Matt Orwig reported on the early plans for the Scottsdale conference to be held on October 15-17 at The Phoenician. Registration is expected to begin in July. NAFUSA has nine sponsors for the conference, with more expected. A full list of sponsors can be found on the NAFUSA website and in each monthly newsletter.


Executive Director Rich Rossman reported that NAFUSA has 266 active members, including 60 life members (the latest being David Iglesias) and 24 senior members. 

President Elect Greg Vega advised that the 2016 conference will be held on October 6-9, 2016, in San Diego at the Hotel Del Coronado.


The Board is shown in the photo below during their Saturday morning meeting at the hotel. 




Nashville Board Meeting





On the evening before the meeting, they enjoyed a boat cruise on the General Jackson Showboat on the Cumberland River. They were joined by Magistrate Joe Brown and his wife, Marilyn, Ed and Cindy Yarbrough, and Russ and Betty Dedrick. Joe, Ed and Russ are NAFUSA members in Tennessee, invited to join the board for the social events of the weekend.



General Jackson Showboard



Shown in the photo above (click on photo for a larger image):

Seated: Melissa Orwig, Ann Stevens, Susan Adzick, Patty Rossman, Marilyn Brown, Sue Farus, Cheryl Leone, Erica Stern, Julie Stephens, Cindy Daniel, Alice Martin, Yvonne Washington


Standing: Matt Orwig, Russ Dedrick, Chuck Stevens, Bob Cleary, Doug Jones, Bob Miller, Hal Hardin, Joe Brown, Rich Rossman, Greg Vega, Don Stern, Bill Leone, Terry Flynn, Jay Stephens, Jack Selden, Bart Daniel, Ken Wainstein, Ed Yarbrough, Cindy Yarbrough, Louis Martin, Don Washington


The social events began with a Thursday night performance of Grand Ole Opry Classics at Ryman Auditorium, golf on Friday morning, and closed with a reception hosted by Hal Hardin at his office, as shown below.



Nashville board






Welcome Lisa Rafferty


Lisa Rafferty
Lisa Rafferty is joining NAFUSA as Deputy Director, effective June 1. Lisa is a graduate of Michigan State University with degrees in Social Science / Employment Relations and Psychology. Lisa spent her early career working as a technical recruiter in Sydney, Australia, building Cisco Systems team in the region. After 5 years Lisa relocated back to the US continuing her career as an IT Recruiter for KPMG Consulting in their High Tech division. Lisa took a break from her career to raise her two children and is ready to re-enter the work force and is excited about the opportunity at NAFUSA.



Lisa Rafferty
Deputy Director
5490 Lake Ridge Drive
Brighton, Michigan 48116
Phone: 810-813-4867


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Scottsdale Conference
Mark your calendar for October 15-18 at The Phoenician in Scottsdale. Please consider having your firm sponsor the Scottsdale conference, joining the seven listed below. Sponsorships begin at $5K, which include 2 complimentary conference registrations. $10K sponsors receive 4 registrations. $15K sponsors have events named in their honor. Contact Executive Director Rich Rossman if interested.
2015 Sponsors

Locke Lord logo
Raytheon logo
Affiliated Monitors logo
Gibson Dunn logo
Steptoe logo
Perkins Coie logo
Orrick logo
Forensic Strategic Solutions
Norton Rose Fulbright
National Association of Former United States Attorneys (NAFUSA).
Richard A. Rossman
Executive Director
27 Oakland Park
Pleasant Ridge, Michigan 48069
Phone: 248-548-8289

Lisa Rafferty
Deputy Director
5490 Lake Ridge Drive
Brighton, Michigan 48116
Phone: 810-813-4867