a
recap of the closing months of
2006.

In August, we reconstituted the
courts Advisory Council, pursuant to Rule 83.4 of
the Rules of the Court of Federal Claims. Clarence
Kipps of Miller & Chevalier, the Chair, and James
Brookshire, Executive Director of the Federal
Circuit Bar Association, Co-Chair, had indicated to
me their desire to retire from their duties as officers
and turn the Advisory Council over to newer hands.
They have been stalwart friends of the court and
have given generously of their time, their wise
counsel, and their considerable talent to the
betterment of the court for many, many years. We
continue to owe them an immense debt of
gratitude.

Gregory A. Smith, now of Cooley Godward
Kronish LLP, has agreed to serve as the new Chair
of the Council. We have reorganized the
membership to update its reflection of the courts
subject-matter practice areas, established and/or
confirmed the three-year terms of membership, and
put the Council to continued good work in providing
advice on matters pertaining to the administration
of the court and its relationship to the bar and the
public.
continued on page 4
Inside this Edition

Message From Bar Association President . 2
Judicial Conference in Colorado . . . . . . . . . 3
Law Day with Solicitor General . . . . . . . . . 5
David Cohen Retires . . . . . . . . . . . . . . . . . . 6
New Board of Governors . . . . . . . . . . . . . . 6
Web Site to Add Search Feature . . . . . . . . 7
NEW!! Executive Summary. . . . . . . . . . . . 8


Winter 2007 Newsletter
S
PECIAL
I
NAUGURAL
I
SSUE OF

E
XECUTIVE
S
UMMARY,
OUR NEW PUBLICATION PROVIDING TIMELY
SUMMARIES OF RECENT COURT DECISIONS AND
OTHER VALUABLE INFORMATION ON ALL MAJOR
AREAS OF THE
C
OURT S JURISDICTION
,
INSIDE
!!



2


*** SAVE THE DATE ***

LAW DAY CELEBRATION
Keynote Speaker
Solicitor General of the United States
Paul D. Clement

MAY 2, 2007 at Noon
Willard Intercontinental Hotel

Presidents Message
New Years Resolutions

This is the time of the year
when, if you are like me,
many of those New Years
resolutions you made begin
to fall by the wayside. But
there is one resolution that
still is going strong and
promises to continue long
into the future.

At our January Board of Governors meeting, the
Board committed to bringing renewed enthusiasm
and vitality to the Bar Association. Hopefully, by
the time you read this message, you will have
begun to see the fruits of our labors and will agree
that 2007 is shaping up to be a very exciting year.

Let me highlight just a few of the many things we
have in store and also thank a few of the many
individuals who selflessly are
devoting their time and talents to
the Bar Association. First, the fact
that you are reading this message
is proof that we have resumed
publication of Newsletter. My
thanks to Steve Gillingham, our
new Newsletter Editor-in-Chief, for
getting publication back on
schedule and for filling this issue
with helpful and timely information.

As you flip through the pages of this Newsletter,
you will see the inaugural issue of another new and
exciting publication, Executive Summary.
Executive Summary provides timely information on
recent court decisions and other significant events
in all major areas of Court of Federal Claims
practice, including Government Contracts, Fifth
Amendment Takings, Tax, and Vaccine litigation.
While we are providing this inaugural issue to
everyone, future issues will be only available to
members of the Bar Association. Preparing a
publication like this on a regular basis is no small
accomplishment. Thanks go to Executive
Summary Editor-in-Chief John Williamson, and to
the many contributing editors, for making this
valuable publication a reality.

This year we also will publish a new edition of the
acclaimed Deskbook for Practitioners. This will be
the first revision of the Deskbook since 1998 and
will feature updated case law discussions on all
areas of the Courts jurisdiction. As anyone who
has practiced in the Court of Federal Claims knows,
the Deskbook is must reading. Creation of this
100+ page document is a Herculean task, and it
could not have been accomplished without the
tireless efforts of Jeanne Davidson and numerous
contributing editors.

I hope you also have seen the many changes we
recently have made to our Association website,
www.cfcbar.org
. Evan Pritchard has done an
amazing job in adding content to the site, and in the
coming weeks you will see much more, including a
new overall look. We want the website to be a
valuable resource for you,
and I encourage you to
bookmark the site on your
web browser. One exciting
innovation will be an on-line
attorney referral database,
which will be accessible to the
public. As a member of the
Bar Association, you will be
able to add your name, areas
of expertise, and contact information to the
database, putting your firm within easy reach of the
tens of thousands of businesses and individuals
who file claims in the Court of Federal Claims each
year.

These are just a few of the things we have in store
for 2007. Please read the rest of this Newsletter,
and stay tuned to future announcements, for
important information on the many exciting events
and programs the Court and the Bar Association
have in the works. These will include the Courts
annual Law Day program on May 2; the Bar
Associations 20
th
Anniversary celebration, which
will be held in conjunction with Law Day; a 25
th

Anniversary gala celebration for the Court of
Federal Claims in the Fall; and the Courts first-ever
Judicial Conference west of the Mississippi, to be


3


held on October 10-11 in Boulder, Colorado. In
addition, we have many Brown Bag CLE
programs planned for the year, so please check our
website regularly for updates.

Finally, let me encourage you all to make a belated
New Years resolution that 2007 will be the year
that you become more active in the Bar Association
-- by attending our conferences and CLE programs;
by contributing to our various publications; and by
becoming a member of one of our many
committees.

Now, if I can just get myself to the gym more often!

Regards,

Marc Smith, President
Court of Federal Claims Bar Association



Court Announces 20
th
Judicial Conference

The Court of Federal Claims will hold its annual Judicial Conference on October 10-11, 2007 in Boulder,
Colorado. This will be the first time that the Court has held its annual conference outside of the East Coast,
and helps to fulfill the Courts goal of being truly a national court in all respects. The conference represents
part of the Courts continuing reach out to Bar members in other areas of the country.


The programs agenda will focus on issues of importance to Western lawyers, including panel presentations on
water rights, Native American claims, and Fifth Amendment takings of private property. The conference also
will include a panel addressing patent litigation.

Set in the foothills of the majestic Rocky Mountains, and just a short drive from Denver International Airport,
this judicial conference will certainly have no parallel in terms of venue! The plenary sessions will be held at
the brand-new home of the Colorado University Law School. Dedicated in September 2006, this state-of-the-
art building is also the home of the Natural Resources Law Center, the American Indian Law Clinic, and the
Byron White Center for the Study of American Constitutional Law.

The Bar Association is busily working with the Court to plan this program. Please check the Associations
website in the coming months for more details and registration information for this exciting event.
University of Colorados Wolf Law School
View of Foothills from Colorado University Campus


4


Letter from Chief Judge Damich continued from page 1

In October, the court held its annual Judicial
Conference. The host hotel, the Willard
Intercontinental, in Washington, D.C., has
graciously agreed to post a bronze plaque on its
front wall facing Pennsylvania Avenue to
commemorate the first meeting of our predecessor
court, the United States Court of Claims, in May
1855.

The Judicial Conference featured a special
reception unveiling the plaque at the conclusion of
the conference, with brief remarks by Chief Judge
Paul Michel of the Court of Appeals for the Federal
Circuit and myself. The plaque was just recently
posted officially; thus, tourists of Washington, D.C,
general passers-by, and court friends with an eye
for history can now take note of the overlapping
paths of the peoples court and the original
Willards Hotel. Take a look if you find yourself in
the vicinity!

At the awards luncheon during the conference, I
was delighted to present the following awards on
behalf of the court to three very special members of
the court family. The courts Golden Eagle Award,
given to an individual from the larger court family
who has contributed notably to the betterment of
the court, was presented to Douglas Henderson,
of Finnegan, Henderson, Farabow, Garrett &
Dunner LLP, a former member of the