Posted on Apr 19, 2004

Elissa D. Hecker '95

Union Alumni in the News

Advocating for the Copyright Act


As the new chair of the New York State Bar Association's Entertainment, Arts & Sports Law (EASL) section, Elissa D. Hecker '95 is taking the lead on defending copyright laws.

It is a task inspired to a great extent by her father.

“I have always been interested in the law,” she says. “I grew up working for my dad, whose primary consideration has almost always been copyright and intellectual property, and his clients were the most interesting people.

“I also danced for more than twenty years, was very active in the performing arts and in the creative world in general, and was fascinated by how the Copyright Act and intellectual property laws could protect the creators and promote the incentive to create,” she says.

Hecker is director and associate counsel for the Harry Fox Agency, Inc., the world's largest music rights organization and licensing affiliate of the National Music Publishers' Association, Inc., the U.S. music publishing trade group. She specializes in legal, educational, and policy matters concerning music rights and publishing. She also is the director of the Fox agency's anti-piracy program.

“We represent the songwriters who often depend on their royalties (currently only 8.5 cents per song) to pay the electric bills, to send their kids to college, and to be able to buy groceries,” she says. “If the financial benefit is taken away by people who feel that, just because they listen to the radio and music is amorphous, that it should be 'free,' who will write the songs? Not the songwriters who have to work several jobs just to help feed their families.”

She says that while the electronic age has not really changed how the Copyright Act is applied, the Internet is an exciting tool for the dissemination of creative works.

“It is crucial to remember that those who are taking advantage of the opportunities offered by the advent of the Internet, that is, file sharing without authorization, are stealing that which does not belong to them, and as a result they are penalizing the very creators who they purport to love,” she says.

“I believe in the Copyright Act and the limited monopoly that it created,” she continues. “Copyright protection is not in perpetuity, and the greater the incentive to create, the more likely that great works will be created, which will benefit the public as a whole.”

Hecker is editor in chief of the EASL section's journal, a founding member of its pro bono committee, and a co-founder of the

Pro Bono Internet Clinic project between the EASL section and the New York Volunteer Lawyers for the Arts.

Among her community and professional affiliations, she is a member of the Copyright Society of the U.S.A. and chairs its FACE Initiative Website for Children. She was an organizer and executive producer of Musicians on Call “Project Playback,” a singer/songwriter program at Memorial-Sloane Kettering Cancer Center, and is a frequent lecturer on music and entertainment at universities and law schools.

She is married to David Strauss '94, and, at this writing, was expecting their first child.

You can go home again

Thomas Wolfe was wrong-you can go home again. And when Capital Region native James Mann '89 recently returned with his new company, 3N2, in tow, city leaders welcomed him with open arms.

Mann, a former Nike executive and a shoe engineer with the Stride Rite Corp., formed 3N2, an athletic footwear business, a little more than a year ago. Formerly located in Newton, Mass., it now has its world headquarters on upper Union Street in Schenectady. The company designs, manufactures, and sells baseball and softball cleats, bags, mitts, and batting gloves, all of which can be customized with lettering. The company has several partners, with Mann serving as co-president and chief executive officer. Currently, the merchandise is manufactured overseas and imported; Mann hopes to add more employees locally.

So how did Mann, who graduated with a B.A. in political science, get into shoe design? While at Union, Mann was a competitive race walker and worked at the former Road Runner athletic shoe store. After graduation, he competed in professional race walking, but an injury in 1991 ended his racing career and Olympic aspirations. After his professional race walking career, Nike hired him and sent him overseas to its manufacturing base. It was there that Jim really learned the business.

When asked why he chose to return to Schenectady, he replied simply, “It's home-my family is here and I've been away since 1989.” And in this cyber economy, Jim doesn't need to rely exclusively on the area economy (although he is working on establishing business relationships with local high schools and colleges and universities). His website (www.3n2hq.com) allows worldwide exposure and distribution. The company has distributors in Asia and Europe as well as seven in this country.

What is the hot item? Mann didn't hesitate: “turf shoes.” These shoes can be customized to be worn on any surface for either baseball or softball.

Mann wants to remain here, where baseball once played such a prominent role. At one time, there was a baseball factory in Schenectady, and the double-A teams in Albany and Colonie were worth rooting for. Moving his company here lets Mann “embrace something in [that] baseball heritage,” he says. Welcome home.

From the Air Force to bioethics

After an Air Force career chock full of achievements in aerospace medicine,

Dr. Shari Falkenheimer '74

Dr. Shari Falkenheimer '74 is in the midst of a second career that is deeply involved in bioethics.

Falkenheimer is president of Bioethics & Medicine, Inc., of San Antonio, which conducts literature research, produces publications and presentations, and offers medical and bioethical consultation in the preventive medicine specialties.

Although her new role is a departure from her many years with the Air Force, it represents a continuation of her commitment to medicine.

Falkenheimer came to Union as one of the 150 women in the College's first coeducational class. After graduating magna cum laude with a B.S. in biology, she earned her medical degree from the State University of New York Upstate Medical College in Syracuse.

She then entered the Air Force, where she rose to the rank of colonel and saw a variety of duty, including squadron and wing level flight surgeon, chief of aeromedical services for a flying wing, and aeromedical consultant in the research, development, and acquisition of aeromedical and aircrew protective equipment. She also earned a master's degree in public health from the Harvard School of Public Health, and was the sole physician assigned to the Air Force Combat Operations Center at the Pentagon during Operations Desert Shield/Storm.

From 1991-1994, she was deputy director for clinical readiness in the Office of the Assistant Secretary of Defense (Health Affairs), for which she was awarded the Defense Meritorious Service Medal. She is a Fellow of the Aerospace Medical Association and an Academician in the International Academy of Aviation and Space Medicine. Upon her retirement in 2000, she was awarded the Legion of Merit Medal.

Although she is retired from the Air Force, she maintains her strong interest in medicine, earning an M.A. in bioethics from Trinity International University in Illinois in 2002. Soon after she was invited to become a Fellow of the Center for Bioethics and Human Dignity (www.cbhd.org) at the university.

The U.S. Secretary of Health and Human Services appointed Dr. Falkenheimer to the advisory committee of the National Center for Environmental Health at the Centers for Disease Control. She also is an adjunct instructor in aerospace medicine at numerous locations, serves on the adjunct faculty at the Center for Medical Humanities & Ethics at the University of Texas Health Science Center in San Antonio, and is an advisor to the Christian Medical Association in the editing of presentations regarding bioethical issues.

Last spring, President Bush appointed her to the Board of Regents of the Uniformed Services University of Health Services.

The engineering music man

Frank Darmiento '67

Frank Darmiento '67 is one of the lucky few who found left-brain/right-brain middle ground.

A registered professional engineer and manager of the Transportation Research Center for the Arizona Department of Transportation, Darmiento is also a highly respected musician, composer, and conductor. Although he earned a B.S. in mechanical engineering at Union (and went on to earn an M.S. in environmental engineering from Arizona State University), Darmiento studied music composition with Edgar Curtis at Union and was a recipient of the Richmond Prize in Music. In the fall 1967 issue of the Symposium (precursor to Union College magazine), he was profiled as “representative of the student involved in the renaissance of the arts.”

At the time, the Department of the Arts did not exist, so there was no music major. That didn't stop Frank. He played trombone with the College's Brass Choir as well as trombone and guitar in its Creative Jazz Workshop. His original musical composition, Concerto for Jazz Quintet and Orchestra, was premiered by the Workshop and performed by the Student Orchestra on Parents' Weekend.

After serving a two-year stint with the Peace Corps in Bolivia, Darmiento studied music composition with Wendell Margrave and arranging with Ladd McIntosh. Fast forward to today.

Darmiento's compositions and arrangements have been performed by professional, college, student, and community groups. In addition to writing for his jazz quartet, he has composed or arranged for orchestra, concert band, big band, and a variety of jazz ensembles, shows, and an unusual assortment of chamber instrumentations. His chamber works include pieces for brass quintet, piano quartet (violin, viola, cello, and piano), flute and tuba, flute and bassoon, four bassoons, flute-bassoon and sax quartet, and alto flute with four bassoons.

He performs regularly with classical, jazz, and show groups in the Phoenix area, often with his wife, Kathy Jones, a tympanist and percussionist. Their dining room décor features two tympani (or kettledrums) along one wall. Although his principal performance instrument is trombone, he also performs on classical guitar, electric bass, vibraphone, and baritone horn. He is principal trombonist with the San Marcos Symphony (Chandler, Az.); lead trombone for the Glendale (Az.) College big band jazz ensemble; co-leader of the brass quintet, Optima Brass; and a euphonium player and resident composer for the Scottsdale Concert Band. He has been a concert soloist on trombone, baritone horn, and classical guitar, and he has appeared as a guest conductor with orchestras and concert bands. He has also worked as the musical director for shows and television productions.

This past November, his original composition, The Guardian, was performed by the Dallas Wind Symphony brass and percussion sections. His work was one of only seven chosen from a field of 140 in the wind symphony's brass fanfare competition. In January, his new CD, Sudden Impact, was released by Summit Records. The CD features Darmiento on alto and tenor trombones with a three-piece rhythm section. He composed six of the eleven selections on the CD.

Darmiento sees a lot of common ground between being a successful engineering manager and a musician. He notes that “music composition and playing jazz have conditioned me to think creatively. This is great training for solving problems in the business world.” He believes that the two disciplines help keep his mind clear for the challenges of each. “When I'm performing a Brahms symphony, I don't think about the problems of my business day. Similarly, when I'm working on a new composition and am stuck on a section, I sometimes need to clear my mind for a few days. Going to my 'day job' helps me do that.”

Reflecting on his college experience, he says he was “extremely fortunate to spend four years at Union. I was able to study music composition with Edgar Curtis, who left a lasting impression on me, and earn a degree in engineering. And I was on the varsity football and track teams. I can't imagine that I would have been able to have those experiences at any other college.”

The Symposium article reads: “Whether Darmiento continues with his composition, he expects music to remain an integral part of his life and personal education. 'For me,' he says, 'It's an important means of expression.' ”

Happily, Darmiento has been able to stay the course.

John Kelly III '76 gets a 'MIKE'

John E. Kelly III '76

IBM executive John E. Kelly III '76, a leader in promoting technology initiatives at the College and in the upstate region of New York State, received the MIKE award at the 2004 Summit in Tech Valley.

The MIKE, which recognizes “mentoring, inspiration, knowledge, and entrepreneurship,” was given in recognition of his “vision and leadership in elevating Tech Valley's standing in the global high-tech community,” according to the Albany-Colonie Regional Chamber of Commerce.

Kelly, senior vice president and group executive, Technology, Systems and Technology Group at IBM, received the award at a luncheon held in connection with the fourth annual Summit in Tech Valley in Albany.

“Much of the high-tech growth in Tech Valley can be tied directly to the support of Dr. Kelly and IBM,” said Ann Wendth, senior vice president of the chamber of commerce and lead organizer of the summit. Kelly also recently was named to “Tech Valley's Hot 10” list by the chamber, recognizing people who have been influential in the region's increased focus as a high-tech center.

Kelly, a member of Union's Board of Trustees, has been a leader in a collaboration in which IBM is assisting the College with its Converging Technologies initiative. Kelly received a bachelor of science degree in physics in 1976.

Guarding against terrorism

Sean Willman '93

In the continuing battle with terrorism, Sean Willman '93 is on the front line.

While in college, Sean joined the ROTC program. “I knew I wanted to be in the military ever since I was a little kid,” he recalls. “I had no military in my family; it just intrigued me. I participated in Navy ROTC my freshman and sophomore years, commuting to RPI every week. Then I found that I could go to Marine Officer Candidates School (OCS) in Quantico, Va., for two summers during college and get a guaranteed commission as a Marine officer when I graduated. I chose the latter.”

From 1993 to 1998, Willman was an active-duty Marine Signals Intelligence & Electronic Warfare Officer, serving in Washington, Hawaii, Virginia, and Japan. Leaving the Marines, he worked for a year at Lucent Technologies in San Francisco before fulfilling his dream of serving in federal law enforcement, getting a job with the State Department's Diplomatic Security Service.

Today Willman is with the Department of Homeland Security's Bureau of Immigration & Customs Enforcement Division. As a special agent in the Strategic Investigations Group in New York City, he helps conduct investigations of the illegal exporting of arms and military items (e.g., fighter aircraft parts and stinger missiles to countries such as Iran, North Korea, and Cuba); illegal high-technology exports (e.g., sensitive U.S. technologies); and weapons of mass destruction (e.g., dual-use chemical precursors and dirty bombs).

“Our job duties grow everyday,” he says. “I recently participated in two high-profile cases assisting other agents in my office-the JFK Airport drug case that snared twenty-five airline employees, and Operation Predator, which arrested dozens of sexual predator aliens in the New York City area.”

Willman may also be called on to serve as a federal air marshal or to help the Secret Service when additional agents are required for protection duties of the president, vice president, major candidates, or visiting heads of state. “The most memorable parts of my jobs have been the variety of assignments I have had over the years and the training,” he says. “For example, I protected U.S. and foreign dignitaries during events like the Salt Lake Winter Olympics, during the Infatada in the West Bank and Gaza in Palestine, during the 50th anniversary of the UN General Assembly in New York City, and at the Middle East peace talks at Camp David. I also served at the Special Operations Command Center in Washington, D.C., following the events of September 11. Now, with ICE, I work on long-term criminal cases with strategic implications.”

Before his current job, Willman was a special agent for four years with the State Department's Diplomatic Security Service, where he participated in federal investigations of passport and visa fraud and protected foreign VIPs (mostly visiting foreign ministers) and the U.S. secretary of state. When assigned overseas, he oversaw security and investigations for U.S. embassies. “I served primarily in Washington, D.C., and Tirana, Albania. I've also spent significant time in Bishkek, Kyrgyzstan, and in Jerusalem,” he says.

He still serves with the Marine Corps Reserves and has been promoted to major. He was called up last year to serve as the intelligence collection officer for Marine Forces Europe in Stuttgart, Germany, during Operation Enduring Freedom and Iraqi Freedom.

“I have been sent to various courses at the Immigration & Customs Academy, U.S. State Department, National Security Agency, Defense Intelligence Agency, and Federal Law Enforcement Training Center. But the most fulfilling aspect of my job on a daily basis is building criminal cases and eventually getting a federal prosecution,” he says.

Leading TI

Richard “Rich” Templeton '80

In a world where people often change jobs several times, Richard “Rich” Templeton '80 stands out. He joined Texas Instruments shortly after graduating with a B.S. in electrical engineering, and earlier this year he was named the company's new president and chief executive officer.

Templeton has spent his entire TI career in the company's semiconductor group, where he began in sales and marketing and as leader of several semiconductor business units, including digital signal processing. In 1996 he was elected executive vice president and president of the semiconductor group. He became chief operating officer in April 2000 and joined the company's board of directors last year.

He is credited with helping define and execute TI's strategy to focus on semiconductors for signal processing. Operationally, he guided TI during the worst downturn in semiconductor history while maintaining the company's strategic investments in research and development and advanced manufacturing, helping TI to emerge in a stronger strategic, technological, and product position. “This is an exciting time to lead TI,” he says. “We are in the early stages of an explosion in new functionality that semiconductors and software are bringing to electronics equipment. We can take more advantage of this than many. I look forward to exciting years of innovation and growth.”

In addition to his TI duties, Templeton is a member of the Semiconductor Industry Association board of directors.

In the middle of the story

When Bernard Cohen '68 was a newspaper reporter, he probably couldn't have envisioned a story more horrific than the 9/11 terrorist attacks. Now, a lifetime away from that career, he is an integral player in the 9/11 rebuilding efforts as the newly-appointed director of the Federal Transit Administration's Lower Manhattan Recovery Office.

Cohen earned a bachelor's degree in English and then a master's degree from the Columbia University Graduate School of Journalism. He won a National Endowment for the Humanities journalism fellowship at the University of Michigan and was a journalist in the Northeast, writing for the Associated Press and such publications as the Boston Globe, Boston Phoenix, and the Hartford Courant. In the 1980s, he also taught freshman expository writing at Harvard University and lectured at Boston University's Graduate School of Communications.

Cohen became interested in writing about urban issues and topics such as housing, community and economic development, and transportation. He wrote about the early days of Boston's Central Artery Project (the “Big Dig”). When he received a job offer in 1984 from the Massachusetts Bay Transportation Authority, he segued from the press corps into public affairs. For three years, he headed the MBTA's public affairs office, writing about transportation issues and “being involved in the impact of those issues,” he says. Becoming more involved in policy and management issues satisfied his interest in “how places grow, change, and develop over time and how transportation affects regional development.”

Before coming to his current position, he also held senior management positions at the New York Metropolitan Transportation Authority and the Southeastern Pennsylvania Transportation Authority, where he was in charge of service planning and operations.

When the paralyzing shock of 9/11 began to wane, the nuts-and-bolts reconstruction got underway. Although the media continue to follow the progress on proposed new structures, the winners of design competitions, and how the WTC victims will be memorialized, there are few stories about the complexities of infrastructure and the integral role of transit systems in lower Manhattan-one of the world's busiest crossroads.

Cohen says the 9/11 attacks crippled the major transportation systems serving lower Manhattan. For example, the PATH (Port Authority Trans-Hudson) station was flooded all the way back to the New Jersey side, and service to a temporary station in the World Trade Center pit was restored only last November. Coordinating and integrating the transportation plans will be a huge challenge. Plans are to build a permanent PATH station connection from Newark/Hoboken to lower Manhattan and to make significant improvements to the New York City subway system at a cost of some $2 billion. Two other major transit projects, the Fulton Street transit center (a major interchange point for nine subway lines) and the South Ferry subway station (Manhattan's gateway for Staten Island ferry riders), will cost $1.1 billion, and the roadway along the western edge of the former World Trade Center site must be reconstructed. And all of this must address environmental concerns.

Cohen will play a vital role. He will help streamline project design and construction, provide oversight of federal funds to assure they are properly invested, ensure that project development is consistent with federal law, and expedite the review and approval processes. He anticipates that most of the major transportation construction will be finished by 2007 if projects remain on schedule.