journal of the arlington county bar association

JOURNAL OF THE ARLINGTON COUNTY BAR A S SO C I AT I O N PRESIDENT’S MESSAGE

Volume 23, Number 3 S u m m e r 2 00 8

BY WILLIAM K. WETZONIS, PRESIDENT

Special points of interest: • Provisional Patent Applications • Phase Out of Microsoft XP • Raum On Bankruptcy

INSIDE THIS ISSUE:

President’s Message

1

New Member Addresses

2

Member News

2

Important Dates

2

Patent Applications

3

In the Stacks

6

Arlington County Fair

7

GDC: Court Schedule

8

XP Phase Out

9

Raum On Bankruptcy

14

Retirement Age

15

Bar Foundation

17

Elder Care Accreditation

18

As a new year begins for our Bar Association, I want to thank outgoing President Bill Koerner and last year’s Board of Directors for a wonderful year filled with some memorable events. One event that stands out in my mind is the retirement party for then Clerk of the Circuit Court David Bell. The large number of attendants to that event certainly represented how much Dave meant to everyone in our community, but it also demonstrated the potential for attendance at future Bar Association events. Our Executive Committee’s goal this year is to make membership a fun experience. We are committed to scheduling creative social events and notifying members about these events, but WE NEED YOU, the members, to attend these events in order to meet our goal. Many of our events come at no cost to our members and are great opportunities for members to socialize with each other. We will continue to schedule a “Free B Friday” each month so that members can stop by the Bar Office and grab a cup of coffee and a donut and talk about weekend plans. On September 19, 2008, Chief Judge Newman is graciously hosting a cocktail reception for Bar Association members.

In addition, the Annual Bar Association Picnic is scheduled for September 20, 2008 at Cherry Hill Park in the City of Falls Church. The picnic is free to members and their families and it is a great chance to play a friendly game of softball. With respect to continuing legal education, the Executive Committee has designated a CLE Program Committee to schedule interesting topics of discussion for our members. Some of these CLE Programs will be held at local restaurants during lunch time so that our members can earn credits while enjoying a good meal. In addition to attending events, we need member participation in some of the projects that we are planning this year. Law Day provides an excellent opportunity for our association to give back to our community. Our Executive Committee is planning to work with our local schools early this year to address Law Day and scheduling members to visit schools as speakers to discuss the Rule of Law as well as Diversity in the Legal Profession. We are committed to scheduling fun events that will generate the large number of member attendance that is capable of this great Bar Association. All we need is you to reach this goal.

J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n

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NEW MEMBER ADDRESSES Jonise Conanan Office of the Arlington County Attorney 2100 Clarendon Blvd., Suite 403 Arlington, VA 222201 (703) 228-3100 Barbara R. Jarratt Law Office of Barbara R Jarratt PO Box 7218 Arlington, VA 22207 (703)312-0220

Michael Robert Kieffer Walsh, Colucci, Lubeley, Emirch & Walsh PC 2200 Clarendon Blvd., 13th Floor Arlington, VA 22201 (703) 528-4700 Jane L. Johansen ePlus, Inc. 13595 Dulles Technology Drive

MEMBER NEWS The firm of Needham, Mitnick & Pollack has relocated to 400 S. Maple Avenue, Suite 210, Falls Church, VA 22046. Phone number is (703)536-7778 & fax number is (703) 536-2452. Brent E. Baxter, has relocated to Manning & Murray, 6045 Wilson Blvd., #300 Arlington, VA 22205. His new phone number is (703) 532-5400 & fax is (703) 532-6351.

IMPORTANT BAR DATES · Legislative Reception September 17th – Free to members, see www.arlingtonbar.org for details and to register · CLE – “Electronically Stored Information” Computer data issues and how they effect litigation. 2 MCLE hours Pending on September 18th see www.arlingtonbar.org for details and to register · Cocktail Reception with Judge Newman, September 19th, Registration space very limited see www.arlingtonbar.org for details and to register · Annual Bar Picnic free to Members and their family September 20th see www.arlingtonbar.org for details and to register · CLE – Presented by Members of the Bar Council September 25th discussing Issues before the Council, 2 MCLE hours pending see www.arlingtonbar.org for details and to register ·CLE – Equitable Distribution October 14th 1 MCLE credit pending see www.arlingtonbar.org for details and to register · CLE – Ethics by Karen Gould at Liberty Tavern October 22nd 1 Ethics MCLE credit hour pending see www.arlingtonbar.org for details and to register


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Provisional Patent Applications: What You Should Know By Richard C. Litman and Jeffrey T. Spangler Litman Law Offices, Ltd., Arlington, VA

Introduction Inventors may ask you about provisional patent applications. Here are basic facts about these applications and how they can be helpful, and significantly, when an inadequate application can cause an inventor to lose potential patent rights. What is a Provisional Patent Application? Under the General Agreement on Tariffs and Trade (GATT), the United States has been moving toward "harmonization" of its intellectual property laws with the rest of the world. One of the provisions of the Uruguay Round Agreements Act, effective on June 8, 1995, offered inventors the option of filing a "provisional" application for patent, designed to provide a lower-cost initial patent filing. A provisional application establishes the important "priority date" for further U.S. and foreign applications, including an international application under the Patent Cooperation Treaty (PCT). Such applications must be filed within twelve months of the provisional filing to have the benefit of the earlier filing date.

Inventors should understand that provisional applications are never examined, and they will never mature into an issued patent. Additional filings are required to secure U.S. or foreign patent protection. The provisional application must be converted into or followed by a U.S. nonprovisional application, often called a "regular utility" application, or a PCT application must be filed within a year. Why File a Provisional Application? A provisional application permits inventors to use the statutory notice of "Patent Pending" to develop and market their invention. It allows immediate commercial promotion of the invention and greater security against theft of the invention. It also provides a simplified filing process with a lower initial investment, giving an inventor a year to assess the commercial potential of an invention before incurring the higher costs of filing and prosecuting a nonprovisional application. A proper provisional application will receive a filing date, which is also the "priority date" for an international patent application under the Patent Cooperation

A provisional application establishes the important "priority date" for further U.S. and foreign applications


Treaty and for later U.S. and foreign applications which contain the same subject matter as the provisional application. The provisional application is maintained in confidence by the U.S. Patent and Trademark Office. There are a number of instances where provisional applications may be especially useful options. Provisional applications should be considered if an inventor is continuously developing an invention. A series of provisional applications can be filed within the one-year period at a much lower cost than if nonprovisional applications are filed to cover improvements. Because the crux of a provisional application is the disclosure of the invention in a technical specification and drawings, without the need to include well-developed patent claims as in nonprovisional applications, the preparation of a provisional application takes less time than a nonprovisional. This can be useful where an inventor has publicly used or sold their invention and they are approaching the one-year public use deadline in the U.S. after which no patent may be granted. Another time-critical situation is when an inventor may want foreign patent protection and there is not sufficient time to prepare a nonprovisional application before the inventor plans to make a public disclosure. A provisional filing will serve to sup-

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port patent applications in many other countries, especially in Europe, where the rule is "absolute novelty" and there is no "grace period" after public use to file a patent application. In those countries, public disclosure even one day before an application is filed can cause loss of rights and the invention becomes public domain. If such a deadline is imminent, a provisional application may be more easily and quickly prepared than a nonprovisional utility patent application and should be filed before any public disclosure. Provisional applications can also provide an expedient method of protecting patentable ideas in academia. Frequently, researchers will devote substantial time and effort to developing ideas which they intend to publish in papers, present at conferences or post online. If the technology transfer officer or patent counsel does not have sufficient time to prepare a nonprovisional application, or the university is unsure whether the research has potential commercial value, then a provisional filing should be considered. Similarly, provisional applications may be advisable for corporate clients who are unsure about the commercial viability of an invention and want to preserve their options. Such last-minute filings are not to be encouraged, however, and there is no sub-

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stitute for timely consultation with counsel well in advance of any deadlines. Cautions and Warnings An inadequately prepared provisional application may leave the inventor with no basis to pursue a valid patent. The disclosure of inventions in the provisional application should be as complete as possible. As is the case with nonprovisional applications, the patent laws require that a provisional application must describe the "best mode" of the invention contemplated by the inventor "in such full, clear, concise, and exact terms as to enable any person skilled in the art" to make and use it. Drawings showing the invention may also be required if necessary to understand it. Claims of priority made for applications filed in other countries and in the international PCT application are based on the "first-filed" application. If the provisional application is the first-filed application, it is essential that it has a sufficient disclosure. A "quick-and-dirty" disclosure which does not fully enable others to make and use the invention will not provide priority for a U.S. nonprovisional, an international PCT application or a foreign application filed within the year. The inventor will be unable to benefit from the priority date of the provisional application,


and intervening public disclosure may be a bar to patent protection. In addition to the "enabling disclosure" requirement, all inventors named in the provisional application must have made a contribution either jointly or individually to some creative aspect of the invention. Inventors who did not contribute may not be named simply because they are the inventor's employer, or because they paid for the invention to be made for them. There are services which offer quick or cheap provisional application filings. There is also a temptation for inexperienced laypersons to prepare and file these applica-

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tions pro se. As noted, the first-filed application can be the most important, and a cavalier approach to the provisional application is illadvised. Before a client considers provisional or nonprovisional applications, a patent search is recommended. Such a search will help determine the scope of possible patent protection, and will help the drafter of the patent application focus on the features of the invention that will ultimately be the subject of the claims of a nonprovisional application. There is no substitute for the advice of an experienced patent practitioner.

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Conclusion Provisional patent applications can offer a quicker and less costly method of temporarily protecting patentable inventions for independent inventors as well as sophisticated corporate and academic clients. Interested More?

in

Learning

You can learn more about intellectual property rights and strategies that could help your clients in future issues. If you have any specific questions you would like addressed in this column or at a CLE program, feel free to

OFFICE SPACE AVAILABLE ARLINGTON - Furnished offices available on month to month basis in modern suite with other lawyers working in areas of labor, P.I., commercial, criminal and domestic relations. Facilities include library, conference room, reception, secretarial station, photocopier, fax, file room, work area, kitchen, and telephone answering, DSL available. One block from courthouse and Metro. Available now. Contact: Sheldon I. Cohen, (703) 522-1200.

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IN THE STACKS By Patricia Petroccione National Library Week Celebration The tradition continued this year, to recognize National Library Week during the week of April 14. To celebrate the event we repeated last year’s popular “Guess the number of Gummi Bookworms in the Jar” contest. Deputy Monroe and Bankhead Thornton Davies were the first and second place winners of the Gummi-Worm contest. Deputy Monroe guessed the exact amount of 150, and received a Barnes & Noble gift card. On Thursday morning, complimentary coffee and cookies were available for the enjoyment of all patrons. Judge Varoutsos surprised us with a delicious contribution to our goodies - several boxes of Dunkin Donuts. Finally, the library received donations from a used book sale which included several novels among the law titles.

The 2008-2009 Board of Directors for the Law Library are: William Fogarty, President; David Sattler, Treasurer; Marni Byrum, Secretary; Paul Ferguson; Kevin Appel; Bankhead Thornton Davies; Mark Cummings; Mark Thrash; and Bill Hassan. A special thanks to outgoing director Kevin Shehan. Kevin has served on the Library Board since 2007. He is an avid supporter of the library and we thank him for his time and dedication. He is leaving the Board because he will be working in the Department of Energy’s General Counsel’s Office. We wish him well in his new position. The Directors’ have set the date for the library’s Fourth Annual Public Forum/Fundraiser. The event is scheduled for the evening of Thursday, October 23, 2008. Details will be provided soon. Save the date, and see you there.

WEBSITE ALERT: This month’s recommended URL is http://www.arlingtonva.us/Departments/CountyBoard/ CountyCode/default.aspx . This link connects to the contents of the most recent version of the Arlington County Code.


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Bar Association Participates in 2008 Arlington County Fair The Arlington County Fair was held at the TJ Community Center ,S. 2nd Street in Arlington on Thursday to Sunday, August 14-17th. Once again, the Bar Association called on its members to staff the Bar's booth. For another year, Jason Rucker was our Chair. For this event and many members provided valuable time during the day and evening to answer questions from the public. Many thanks to the following members who volunteered to work at the Arlington Bar’s booth at this year’s County Fair. They are as follows: Ray Benzinger, John Crouch, Alex Soroko, Herman Sawyer, Jeff Jankovich, Domingo Ordoveza, Adam Hancock, Chuck Vasaly, Kelly Thompson, David Oblon, Olga Casillas, Angela France, Dominique Bragg, Bill Rhodes, Jennifer Mullett, Vanesa Hicks, Nils Peterson, Harry Dennis, Greg Hunter, Bill Wittig, Thea Barron, and Betty Thompson. A special thanks to Jason Rucker,.

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Court Schedule — Arlington General District Court Criminal Court (3A) Traffic Court (3C) Monday though Friday Monday, Tuesday, Thursday, Friday 9:00 a.m. Bond Motions 9:00 a.m. Arlington County Police Traffic Cases 9:30 a.m. Trials (non jailable), In-Custody including Accidents and Midnight Officers Arraignments 10:00 a.m. VA State Police & Arlington Sheriff’s 10:00 a.m. Motions, Out-of-Custody Arraignments Office Traffic Cases* 11:00 a.m. Trials/Preliminary Hearings referred by (* Sheriff=s Office Traffic Cases only on Monday) other Courts Monday Wednesday 2:00 p.m. Capias Review 9:00 a.m. WMAA Police Traffic, Accidents and Tuesday Midnight Officers 2:00 p.m. Sentencing/Rules 10:00 a.m. WMAA Police Traffic, all other Cases Wednesday Friday 2:00 p.m. Drug Court 10:30 a.m. Arlington County Police (SOS evening Friday shift) 10:00 a.m. Bond Forfeitures Civil Court (3D) Trial Court (3B) Monday, Tuesday, Thursday (Wednesday; No court, civil judge sits in Falls Church) Monday through Friday 9:00 a.m. Traffic Cases 9:30 a.m. Assault & Battery/Property/Larceny 10:00 a.m. Civil Motions and Trials Misdemeanor Trials (10*) 2:00 p.m. Civil Returns/Pre-Trial Conferences 10:30 a.m. DWI/all other Misdemeanor Trials 2:30 p.m. Pro-Se Returns (10*) Fridays 11:30 a.m. Preliminary Hearings (15*) 9:00 a.m. Traffic Cases (*) Maximum number to be set/day 9:30 a.m. Small Claims Cases (except 1st Friday Monday, Wednesday, Thursday, Friday of the month) 2:00 p.m. Trials/Preliminary Hearings taking 2:00 p.m. Civil Returns/Pre-Trial Conferences more than 2 hours 2:30 p.m. Pro-Se Returns Tuesday 1st Friday of each month 2:00 p.m. Sentencing/Rules 9:30 a.m. Photo Red Light Cases

Office Space Available Tysons/Greensboro Drive $1300/mo Attorney Office available in suite of attorneys, full service and use of all common areas. Contact: Bud Roeder at (703) 749-6006 or send email to [email protected]


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XP is in the rearview window BY CHRISTOPHER CRITTENDEN, PRESIDENT CARDINAL CONCEPTS, LLC

From January 1975 to the current date, Microsoft has come a long way. Taking what Dr. John G. Kemeny and Thomas Kurtz developed the BASIC language at Dartmouth in 1964, they have created a virtual giant in operating systems.. In 1981, with MSDOS running on over 150 million PCs, it's easy to forget that it wasn't always the international phenomenon it is today. The arrival of the 16-bit IBM personal computer in 1981 set in motion a new era of computing, as the personal computer industry quickly left behind its early 8-bit days. Within a few years, the industry would coalesce around two primary operating systems: Microsoft MSDOS and the Apple Macintosh. Seeing early the limitations of character-based interfaces and recognizing that advances in hardware performance would make possible a shift in the computing paradigm to a graphical user interface, Microsoft began development of Windows in the early 1980's. Then in 1990, more than four million copies of Windows were distributed in its first year, sparking the release of more than 1,200 Windows-based applications from other developers. Another six million copies sold the following year -bringing the installed base to more than 10 million- and total commercial applications reached 5,000. It was a phenomenon unlike anything the indus-

try had ever seen. The product life-cycle guidelines Microsoft's product life-cycle guidelines grew out of two sets of needs: Microsoft's need to make a profit, and its customers' (particularly enterprise customers) needs for some certainty about the products they were committing to. The policy was an attempt at transparency, a promise that new products would be supported for a definite period and that as they aged Microsoft wouldn't just abandon them. Instead, the company would withdraw support in a series of scheduled steps that corresponded to the pace of technological change, allowing customers time to transition to newer products. The problem is that what sounds like a promise to some (particularly enterprise customers) can sound like a threat to others -particularly consumers. And they're not taking it well. This incipient consumer rebellion is a relatively new phenomenon, even in the short history of PCs. For most of the '90s, Microsoft couldn't bring out new products fast enough to satisfy customers. Computing technology was exploding, and Windows exploded along with it, from Windows 3.1 to Windows 95 to

Whether you merely tolerate XP or won't give it up until it's pried from your cold, dead fingers, it will be gone.


Windows 98 to Windows 98 Second Edition to Windows Millennium Edition. PC sales boomed and Windows users raced to upgrade to the latest version. But that binge left Microsoft with a huge hangover. As the new decade started, it was supporting a tangle of versions and upgrades. Then the Internet bubble burst and PC sales slowed. New products like Windows ME weren't as well received as the older ones. Microsoft needed to reduce its support liabilities and create a profit plan. The product lifecycle guidelines were the solution. On January 30, 2007, Vista was released worldwide and was made available for purchase and download from Microsoft's website. The release of Windows Vista came more than five years after the introduction of its predecessor, Windows XP. Windows Vista may be shiny and brand new, but as plenty of PC users will tell you, sometimes newer isn't better. Many PCs simply don't have the horsepower to run the new operating system, and even those that have the juice may get bogged down by processor-and RAM-hungry Vista. The approaching death of Windows XP may upset you, but it shouldn't come as a surprise. Microsoft Corp.'s product life-cycle guidelines have foretold the fate of XP since 2001. In fact, Microsoft has been killing off one version of a product as it is replaced with another for

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years now. But this time around, the approaching demise of XP is getting more attention than, say, the final passing of Windows 2000. How long will Microsoft support XP? Windows XP has been extremely successful with an estimate of Windows XP (Home and Pro) worldwide installed base of 538 million copies at the end of 2006. As long as those XP computers are functional and perform well, users find it difficult to justify the purchase of Vista or a new Vista-based PC. XP timeline June 30, 2008 PC manufacturers stop selling computers with XP installed. Jan. 31, 2009 Microsoft stops selling XP altogether. April 14, 2009 Mainstream support (free live support and warranty support) ends. Free maintenance is limited to security fixes. April 8, 2014 All support for XP ends. What happens after June 30? XP won't suddenly disappear, though. It will take some time for PCs loaded with XP to move from factories to warehouses to sellers to buyers. Shrink-wrapped FPP versions of the various editions of XP will also remain on sale until supplies are exhausted. And even after June 30, there will

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still be two ways to obtain XP until Jan. 31, 2009. The easiest way will be to buy a new PC with XP installed from a white box system builder. It will, of course, be a reseller's version of the operating system (white box builders tend to use the same reseller versions as the larger vendors), which is tied to the PC it's installed on and can't be transferred to another computer. Or you can buy a new PC with a reseller version of Vista Business or Vista Ultimate installed and downgrade to XP Pro. There are enough pain points in this process that you won't want to undertake it lightly. Although you may have the right to downgrade, the maker of your PC isn't obliged to supply an XP install disk. If it's important to you, check before you buy. And although you can reinstall Vista later on, you have to do it from the installation files or media you got with the machine, so don't wipe those out by accident. Support goes on Although the sales life cycle starts to wind down on June 30, you can keep on using XP for as long as you want to. You might want to run XP until the next version of Windows (currently called Windows 7) comes out; it's expected in 2010. Or you might want to give some other operating system a little more time to mature. Perhaps you think that Linux is just a couple of versions away from real usability.


In both these cases, time is on your side. There won't be any changes in XP support until April 14, 2009, when Windows XP Service Pack 2 moves from mainstream support to extended support. Extended support's security fixes should certainly keep you going safely until April 8, 2014, or until Windows 7 actually does ship, whichever comes first. Then on May 6, 2008 Windows XP Service Pack 3 (SP3) was made available for download and install via Windows Update and the Microsoft Download Center. Windows XP SP3 includes all previously released updates for the operating system, in addition to a small number of new updates. Can You Save XP? The problem is, there's support and then there's support. The last time Microsoft ended mainstream support for a version of Windows was in June 2005, when it stopped supporting Windows 2000. By the end of 2006, major software vendors had also ended their support for the operating system. New products didn't support Windows 2000, and upgrades of existing Win2K products to new versions weren't available. This lack of upgrades to run on defunct operating systems is a natural result of market forces. Application

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software makers, just like Microsoft, want to minimize their support costs by supporting their products on as few operating system versions as economically possible, so when an operating system version's percentage of the installed base falls below its potential to contribute to the bottom line, the vendor will cut its support -and deflect complaints by pointing at Microsoft. XP is certainly much more widely used than Win2K, and it will probably be supported by application vendors for a lot longer as a result. But if you really want to stay with XP, you should be prepared to stay with your current applications as well. There may not be any upgrades. Whether you merely tolerate XP or won't give it up until it's pried from your cold, dead fingers, it will be gone. Finally, there is one more factor that might stretch out the life of XP a bit.’’ Service Pack 3 for XP. Now vailable, you should update your version as soon as possible. Microsoft may extend mainstream support for this updated version of the operating system past April 2009 in response to pressure from the enterprise market. If you're clinging to XP because you're waiting for that stability and compatibility, whether in Vista or in the next version of Windows, or just because you're entirely happy

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with XP and see no reason to change, then the product lifecycle guidelines are your friend. The combination of mainstream and extended support will give you several years of protection. And even if you find in a couple of years that you can't get an XP version of some upgraded application, extended support means that your XP machine still has some life expectancy; you won't have to junk it just because it's become a malware magnet. But if you're holding onto XP because you're just purely mad at Microsoft, or your PC won't run Vista anyway, then you're only buying time. Sooner or later, it's inevitable. Whether you love Vista or hate it, merely tolerate XP or won't give it up until it's pried from your cold, dead fingers, it will be gone. The product life-cycle guidelines say so. Take Control? If you've got Windows XP, worry not -- you can keep it running on your hardware for years to come. As with an old car, though, if you plan to keep XP around for a while, you're going to have to spend some time maintaining it. Think of us as your virtual mechanics. Here are some tips, tweaks and tricks so that you'll be able to keep XP running smoothly, at top performance, for smooth operation and long life.


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your arsenal. Going…Going… Gone But what if you suffer from Vista envy, and you're interested in more than just maintaining XP as it is? No problem -So, if you've got better things to do with your time and money than upgrade to Vista, read on. There's still plenty of life in your old operating system.

Tweak XP settings for faster performance Although there are good reasons to switch to Windows Vista, faster performance isn't one of them. Vista adds several new features designed to improve its speed, but they are mainly intended to buy back the performance lost by Vista's increased resource hunger. A few simple tweaks to an existing XP setup can make it fly.

Can XP produce?

Lose the eye candy.

With Windows Vista, Microsoft finally got serious about security, baking many important security measures right into the operating system. But that doesn't mean you should simply shrug and accept XP's inferior security; some free and low-cost tools for XP provide much of the same security that Vista offers.

All the animations and visual effects that XP uses can sap performance, particularly on low-end systems. Yes, we know we just told you ways to add more eye candy to XP, but users' tastes vary -- as do their machines' capabilities. If you prefer fast over frilly, you can turn off XP's eye candy to gain speed. Go to Control Panel --> System --> Advanced tab, and in the Performance area, click the Settings button. On the Visual Effects tab, choose the Custom option, and clear as many of the check boxes as you can stand -the more check boxes you clear, the faster your system can run. Most people won't notice much of a difference in appearance as long as these two boxes remain checked: "Smooth edges of screen fonts" and "Use visual styles on windows and buttons." Click OK twice, and you're done.

Antispyware Windows Vista is protected from spyware by Microsoft's Windows Defender -- and the same program is available as a free download for Windows XP users as well. Windows Defender is exactly the same on Vista as it is on XP, so you're not losing anything by not moving to Vista. It's a good idea to have more than one piece of antispyware on your PC, whether you use Vista or XP. So double up for safety and add Lavasoft AB's Ad-Aware or Spybot Search & Destroy -- or even both -- to

Optimize your Internet connection. A computer without a

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fast Internet connection isn't much of a computer nowadays. Vista automatically tunes the Internet connection for best performance, but you can get performance that is nearly as fast on XP by using a connection tuning tool. The TCP Optimizer tool from SpeedGuide.net is free and easy to use. Just choose Optimal Settings near the bottom of the main screen, select the rated speed of your Internet connection using the slide bar, click Apply changes, click OK, and then reboot your computer. If the tuning causes any problems, you can restore the previous settings from the backups that TCP Optimizer keeps each time you make changes. For even more thorough cleansing, try CCleaner, a free disk cleanup tool from Piriform Ltd. This utility can remove files that are otherwise difficult to get rid of, such as the backups of security patches that are created each time you run Microsoft Update. CCleaner can clean much more than Windows' built-in Disk Cleanup can, but it can also remove things such as browser cookies that you may not want to be removed. Use it carefully. Defragment the disk. With all unneeded files out of the way, now is the perfect time to defragment the drive. The built-in Windows defragmenter (Programs --> Accessories --> System Tools --> Disk Defragmenter) does a respectable job of bringing order


back to the files. Choose Action --> Defragment from the menu to run it. On a severely fragmented drive, you may need to run the program several times to fully defrag the files. Be sure to close as many programs as possible during the defragmen-

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tation process, including e-mail and even virus scanners, because files that are in use cannot be defragmented.

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XP for at least seven more years. Maybe by then there'll be a more compelling reason to give up XP.

By following these tips, you can keep your machine in tip-top shape and even get some of Vista's advantages while sticking with Windows

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Raum on Bankruptcy: Bankruptcy is Still Available By Nora Raum All the fuss when the law changed in 2005 left many people with the idea that there is no more bankruptcy for people. That’s not true. The new law has made it more complicated and burdensome but it hasn’t eliminated bankruptcy altogether. The biggest change is that the new law has imposed limits on who may file a Chapter 7 bankruptcy, the kind where there is no repayment plan. That kind of bankruptcy is now limited to people who earn below the median income for a family of the same size in their state. There are exceptions. People who make the same or above the median income for a family of the same size in their state may still be able to file a Chapter 7 depending on many other factors – for example, where they live, what they’re paying in secured debt such as mortgages and car payments and what they might pay for certain special expenses. If this sounds complicated, it is. It’s now pretty well impossible to figure out if a person can file a Chapter 7 without lots of information and some very serious number-crunching. Those who aren’t eligible to file a Chapter 7 may instead want to file a Chapter 13. That’s the payback kind of bankruptcy, where they pay to the court what they don’t need to live on for three

to five years. The new law forces more people into the five year plan. But the good news is that many people can still file for bankruptcy protection. If you have clients who might need to do this, I suggest they consult with an experienced bankruptcy attorney in their area. They shouldn’t expect to get free advice on the phone. Under the new law, no attorney can properly advise you without knowing all the details. They should make an appointment, and bring along their most recent tax return and pay stubs from the last several months. They should also be prepared to provide information on their debts, especially any secured ones, such as a car payment or mortgage. The lawyer will need to know the monthly payments and how many more months they’re obligated on those loans. This is just the beginning, but it should give the attorney an idea of what their options may be. Despite the drastic rewrite of the law, bankruptcy may still be the best choice.

The biggest change is that the new law has imposed limits on who may file a Chapter 7 bankruptcy,

Editor: Nora is a longtime member of the Arlington Bar and the author of the 2005 book: “Surviving Personal Bankruptcy; Your Guide to the Personal, Legal and Financial Issues,” published by Gotham Books.


Summer 2008

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When It Comes to Retirement—Age Matters Article Provided By Mary Jo Whelan In order to enjoy your retirement, you should have a good idea of how much money you will need each year to fund your desired lifestyle. To ensure that lifestyle, you will need to set aside enough money to supplement known sources of retirement income, such as a company pension and Social Security. Finally, it is important to be aware of how your age can affect your retirement decisionmaking. Here are some important age milestones to consider: Age 55. If you take an “early” retirement, leave your job, or are otherwise terminated from employment, you may be able to withdraw money from 401(k), 403(b), Keogh, SEP (Simplified Employee Pension), and profit-sharing plans without being subject to the 10% penalty tax for early withdrawals; your professional tax advisor can show you how this is possible. Careful planning is needed in order to meet IRS requirements, and failure to do so may result in a taxable event, plus penalties. Note: The preceding discussion is of exceptions to the 10% excise, and the separation from employment exception does not apply to IRA’s. Age 59½. Generally, you can withdraw money from traditional IRAs, SEPs, Keoghs, Roth IRAs, and Savings Incentive Match Plan for Em-

ployees (SIMPLE) plans without being subject to a 10% penalty tax. Note that the 10% penalty is increased to 25% in the case of certain premature distributions from SIMPLE IRA plans. Also, distributions from a Roth IRA may still incur a 10% penalty tax if the Roth IRA has not existed for at least five years. Age 60. Widows and widowers are eligible for Social Security benefits. Age 62. Some companies may allow retirement at this age with full pension benefits. Moreover, this is the earliest age for receiving regular Social Security benefits, but the benefit will be permanently reduced. Ages 62–64. The earnings threshold for those still working and collecting Social Security benefits is $13,560 in 2008 (indexed for inflation in future years). There is a $1 loss (a “give-back”) in benefits for every $2 earned above that amount. In addition, a portion of benefits may be taxed as income (based on a formula that includes one half of the Social Security benefits received, taxable income, and tax-exempt income). Age 65. Most company pension plans provide full benefits. Medicare eligibility generally begins at this age. Moreover, those born in 1937

and earlier are eligible for full Social Security benefits. However, “full retirement age” for younger workers to receive full Social Security benefits is slowly rising and will affect those born in 1938 and later. For example, full retirement age for those born between 1938 and 1959 rises incrementally until, for those born in 1960 and later, the age for receiving full benefits is 67. Those still working will be able to receive full Social Security benefits, regardless of earnings. However, some beneficiaries may find a portion of benefits may still be taxed, based on a formula that includes one half of the Social Security benefits received, taxable income, and tax-exempt income. Ages 65–67. The lower earnings threshold amount noted above still applies for years prior to full retirement age attainment and a second earnings threshold rule applies for the year in which full retirement age is attained. For those still working and receiving Social Security benefits, there is a benefit loss in 2008 of $1 for every $3 over $36,120 earned for months prior to attainment. Once full retirement age is attained, the earnings threshold no longer applies. A portion of benefits may be taxed as income, based on a formula that includes one half of the Social


Security benefits received, taxable income, and tax-exempt income. Age 70½. The required minimum distributions from qualified employer retirement plans and traditional IRAs must generally begin no later than April 1 of the calendar year following the year in which you

Summer 2008

reach age 70½. (Note: Roth IRAs are not subject to the age 70½ mandatory distribution rules.) As with all tax planning matters, be sure to consult with a qualified tax professional to help ensure your plans are consistent with your goals and objectives.

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Copyright © 2008 Liberty Publishing, Inc. All Rights Reserved. L08088186(exp0809) (All States) Mary Jo Whelan. Mary Jo is a Registered Representative with Metropolitan Life Insurance Company and MetLife Securities, Inc. She focuses on meeting the individual insurance and financial services needs of people in the legal profession.

Pursuant to IRS Circular 230, MetLife is providing you with the following notification: The information contained in this article is not intended to (and cannot) be used by anyone to avoid IRS penalties. This article does not support the promotion and marketing of any particular product. You should seek advice based on your particular circumstances from an independent tax advisor. Current tax law is subject to interpretation and legislative change. Tax results and the appropriateness of any product for any specific taxpayer may vary depending on the particular set of facts and circumstances. You should consult with and rely on your own independent legal and tax advisors. Neither MetLife [New England Financial] nor any of its affiliates, employees, or representatives provides tax or legal advice. Please consult your tax advisor or attorney for such guidance regarding your own personal situation.


Summer 2008

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AR LI NG TO N CO U N T Y BAR F OU NDATI O N The success of the bar foundation depends upon volunteers and the generous financial contributions of bar members. It seems that someone always steps up to the plate and this year is no exception. Bar Foundation Director, David Oblon, made a particularly generous contribution to the foundation and together with others, and income from investments, the Foundation

was able to make record grants in 2008 totaling over $30,000. Grants were given to various high schools for drug and alcohol graduation parties, Services of Northern Virginia, Friends of Argus and Aurora House, Doorways for Women and Families, Stop Child Abuse Now, Virginia Justice Center for Farm and Immigrant Workers and the Martin Luther

King, Jr. Center. Since the passing of Ken Smith early this year, and the distribution of his book, a number of members have made donations in his memory and they are listed below. The Foundation continues to rely upon the support of the bar members and we thank all of you for this support.

ARLIN GTON C OU NTY FOUNDAT ION C ONT R IBU TORS Trustees

Raymond B. Benzinger Jennifer A. Brust Leonard Buscemi Double Platinum (Lifetime Contribution over $5,000) Marni E. Byrum Manuel A. Capsalis Betty A. Thompson Mark D. Cummings Ken McFarlane Smith William Dolan, III Griffin T. Garnett, Jr. Platinum Karen A. Henenberg (Lifetime Contribution of $5,000) Gerald L. Kesten Leo Andrews Jr. Mark Cummings David Lasso William Dolan Charles McD. Radigan Law firm of Shadyac & Shadyac Timothy J. McEvoy Deceased: John L. Melnick Hon. Andrew Ferrari Mark D. Seidelson David E. Sher Gold Richard E. Trodden (Lifetime Contribution of $3,000) Paul D. Varoutsos Charles E.K. Vasaly Silver William L. Winston (Lifetime Contribution of $2,000) Deceased: William E. & Cherie B. Artz Joseph Gwaltney James W. Korman Lifetime Trustees Lyla Shealy (Contributions of $1,000) Deceased: Joanne F. Alper Norris Shealy Thea Rossi Barron Leroy E. Batchelor Sustaining Trustees Alan E.J. & Susan Branigan (Pledges of $1,000) Paul D. Brown James F. Almand Howard M. Bushman Kevin R. Appel

Bankhead T. Davies Bankhead Thornton Davies John P. Ellis Daniel S. Fiore Griffin T. Garnett III Ronald L. Hiss Edward M. Holland Richard E. Knight Berton V. Kramer Donald O. Manning James B. Miller William G. Murray Alan R. Plumley, Jr. John F. Rutledge Leonard S. Sattler Philip Schwartz Earl E. Shaffer Ethan Allen Turshen George D. Varoutsos Martin D. Walsh William A. Wildhack Jr. John C. Youngs Deceased: Robert J. Arthur George W. Campbell, Jr. Richard W. Corman Berton V. Kramer Thomas W. Phillips

Special Gifts Estate of David B. Chase Tidewater Research Foundation, Inc. Venable, Baetjer & Howard Current Donations (in memory of Robert C. Watson and Joe Engler’s father) Donations In Memory of Ken McFarlane Smith Michael Rieger H.S. Hulme, Jr. Kelly A. Thompson Gerald L. Kesten Paul Sale Betty Sandler


Arlington County Bar Association 1425 North Courthouse Road Suite 1800 Arlington, VA 22201 Phone: 703.228-3390 Fax: 703.228.7360 Email: [email protected]

We’re on the Web www.arlingtonbar.org

Summer 2008

Page 18

Elder Care Attorney Accreditation with VA The VA laws have changed! As of June 23, 2008, any attorney who discusses VA benefits with clients MUST be accredited through the VA. Accreditation requirements: 1. Application submitted to the VA Office of General Counsel on VA Form 21a (this is not a 21-22a that you may be familiar with).

2. Self-certification of good standing with a state bar sent with the application (on your letterhead is fine). 3. Within 12 months of approval, completion of 3 CLE credit hours specific to VA benefits must be submitted to the OCG.

Arlington Bar Officers and Directors 2008-2009 President: President-Elect: Secretary: Treasurer: Past-President: Directors:

Exec. Dir: Asst. Exec Dir:

William K. Wetzonis William Hassan Brent E. Baxter John C. Lynch William R. Koerner, Jr.. Raymond B. Benzinger. Denman A. Rucker David A. Oblon FranK A. Frio Jeffrey P. Jankovich Jay E. Burkholder

703-228-4410 703-243-7552 703-228-3248 703-228-4410 703-875-8940 703-525-1362 703-525-4900 703-312-0411 703-228-0703 703-528-0701 703-228-4410

Dennis W. Cuppy Barbara Head

703-228-4465 703-228-3390

Arlington Bar Journal Editor: Advertising & Notices:

John A. Borsari

703-524-5800

Barbara Head

704-228-3390

Council Members - 17th Circuit Mark D. Cummings Raymond B. Benzinger Theophani K. Stamos Gregory T. Hunter Adam D. Elfenbein

703-525-1200 703-525-1362 703-228-4410 703-966-7226 703-243-9223