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Leadership in Law 2014: Constance R. Lindman

Partner, SmithAmundsen, Indianapolis • Indiana University Maurer School of Law, 1989

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15col-Lindman.jpg Constance R. Lindman (IL photo/Eric Learned)

In the nearly 25 years that Constance R. Lindman has worked as an intellectual property attorney, she’s built a nationwide practice and served important roles in the growth and development of firms, businesses and individual lawyers. Connie has been an integral part of SmithAmundsen’s Midwest growth since joining the firm in 2013 and spearheading the development and expansion of the firm’s Indianapolis office and IP practice. She is described as a “people person” who’s a pleasure to work with, so much so that other attorneys routinely refer their clients to her for IP matters.

What’s something about you not many people know?

I worked for TSR Inc., the publisher of Dungeons & Dragons games and books, many years ago. It was the most marvelously creative place filled with great characters (real and imagined) and truly a one-of-a-kind workplace. I didn’t have enough experience with other work environments to fully appreciate it at the time, and I look back on those days very fondly now.

How has IP law changed since you started practicing?

Twenty-five years ago, only large companies were concerned with intellectual property rights. Intellectual property is (rightfully) on everyone’s radar now, even start-up companies. In the last few years, I’ve seen an increasing trend where established companies, sometimes decades old and definitively not in the tech arena, are developing new products and services that are technology driven. For example, an insurance agency that developed a mobile app with integrated cloud services to increase sales force productivity and regulatory compliance, and that has been adopted by major insurance companies. Another change is the global nature of business generally and legal challenges regarding international intellectual property protection. A firm colleague and I will be attending the International Trademark Association Annual Meeting in Hong Kong next month where we will meet with direct clients as well as foreign associates that assist with foreign filings for our clients and send U.S. work to us for their clients. The sentence highlighted in yellow can be cut from print if the questions consumes too much space.

What do you think about the change in the U.S. to the “first-to-file” system for patents?

Although the first-to-file aspect of the America Invents Act (AIA) was implemented over a year ago, the full effect of the change won’t be known for years in the future as patents filed under the new system begin to issue and face challenges. However, I’m hopeful that the elimination of costly interference proceedings between patent applicants will be worth the added burden, especially on small companies, of having to file patent applications earlier in the development cycle of new products or services.

What was the worst or most memorable job you had prior to becoming an attorney?

When I was 16, I worked for a greasy fried-chicken place in Bloomington after school. Bobby Knight was mean to me on my fourth day on the job. So it was both my worst and most memorable pre-attorney job.

If you couldn’t be a lawyer, what would you do for a living?

My undergraduate degree was in applied mathematics and I considered going for a Ph.D. in physics. I love practicing intellectual property law but, as a second choice, I would combine my interest in science with my love of writing and be a journalist covering scientific advancements.

What’s something you’ve learned over the years that you wish you could go back in time and tell your younger self?

If you are living life to the fullest, your life will be filled with one challenge after another. Enjoy the present and don’t expect that things will be easier in the future. It will just get harder, but also more rewarding.

What’s been the biggest change in the practice of law you’ve seen since you began?

My first position right out of law school was as a lowly first-year associate at a large Chicago firm. Nevertheless, I had my own secretary; my own smart, talented and extremely bored secretary. I preferred to compose on the computer, mostly made my own edits, and I only dictated short letters on an occasional basis, so she spent her days asking other secretaries for overflow work. Today, we have assistants who are smart, talented, professional and vital to the productivity of three, four or more attorneys. We couldn’t serve our clients effectively without great assistants, and those assistants are anything but bored.

What are some tips for achieving a work/life balance?

I don’t think there is any secret sauce for work/life balance. All I can recommend is to do the best you can, be kind to yourself and don’t harbor regrets, and most of all stay in the present and try to enjoy whatever you are doing right now.

Why do you practice in the area of law that you do?

My educational background in math and physics led me to the intellectual property department of a large Chicago firm for my first job out of law school. It was a great fit for me, and I’ve never considered practicing in any other field. I particularly enjoy the fast pace of change in the intellectual property field, as the law struggles to keep up with advances in technology. The Internet was just an infant when I began practicing and now it affects every aspect of business and our lives.

Why do you think people often have negative stereotypes about lawyers?

Attorneys are usually associated with some type of trouble – resolving a dispute, avoiding violations of laws and regulations, reducing risk and liability. Talking to a lawyer can be like going to the principal’s office. On the bright side, an attorney who learns the client’s business and is responsive to the client’s concerns may have the privilege of becoming a highly trusted advisor and advocate whom the client turns to when it matters most.

What civic cause is the most important to you?

It is hard to pick just one, but the advancement of women in their careers would be among the top. And I don’t mean just talking about it (though that is good, too). I’m very supportive of organizations like the National Association of Women Business Owners (NAWBO) who provide a platform for women business owners to network, support each other and, critically, to do business together.

We hear a lot about civility. Have you noticed a change in how attorneys treat each other since you began practicing?

I know that the erosion of civility among the bar is a common lament. My experience is that, like any other profession, attorneys come in all stripes. The bad ones are awful to deal with and the good ones serve the client’s interests well. I can’t say things have gotten better or worse since I passed the bar.

Who is your favorite fictional lawyer?

Atticus Finch in “To Kill a Mockingbird.” I was an avid reader growing up and I couldn’t begin to list all of the books that I read. But this book is so powerful, it was unforgettable.

What class do you wish you could have skipped in law school?

Criminal law.

 

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  1. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

  2. Freedom as granted in the Constitution cannot be summarily disallowed without Due Process. Unable to to to the gym, church, bowling alley? What is this 1984 level nonsense? Congrats to Brian for having the courage to say that this was enough! and Congrats to the ACLU on the win!

  3. America's hyper-phobia about convicted sex offenders must end! Politicians must stop pandering to knee-jerk public hysteria. And the public needs to learn the facts. Research by the California Sex Offender Management Board as shown a recidivism rate for convicted sex offenders of less than 1%. Less than 1%! Furthermore, research shows that by year 17 after their conviction, a convicted sex offender is no more likely to commit a new sex offense than any other member of the public. Put away your torches and pitchforks. Get the facts. Stop hysteria.

  4. He was convicted 23 years ago. How old was he then? He probably was a juvenile. People do stupid things, especially before their brain is fully developed. Why are we continuing to punish him in 2016? If he hasn't re-offended by now, it's very, very unlikely he ever will. He paid for his mistake sufficiently. Let him live his life in peace.

  5. This year, Notre Dame actually enrolled an equal amount of male and female students.

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