September 2013 - Bar Association of Erie County

Transcription

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BULLETIN
Vol. 53 | No. 1 | September 2013
BAR ASSOCIATION OF ERIE COUNTY
w w w. e r i e b a r. o r g
President’s Letter
September is Technology Month at Erie Institute of Law
“If GM had kept up with technology like the computer industry has,
we would all be driving $25 cars that got 1,000 MPG.”
~ Bill Gates
It could be a long wait for those cars. But whether you
embrace each new innovation as it appears or find yourself being dragged kicking and screaming into the world
of technology, it has clearly affected virtually every
aspect of life in this century. Baby boomers shake their
heads as young people sitting at the same table text
rather than talk to each other. Shopping is done with a
couple of clicks instead of a trip to the store. Even this
Bulletin – produced not so long ago by physically
delivering handwritten articles to a typesetter – is now
created entirely online. Raise your hand if you remember
carbon paper and purple mimeographs.
By Michael J. Ryan
As some of you may have deduced, there is a
bit of lag time between when these thoughtprovoking pieces are written and when they
reach your doorstep. My first missive was
written just before Valentine’s Day. This one is
prior to St. Patrick’s Day. By the way, I have a
really good feeling about the Sabres’ chances for
the Stanley Cup this year.
Truth be told, I was pleasantly surprised to
learn that in addition to my dog, some folks did
read my initial effort and agreed with my
Dennis Miller-like rant against the additional
stress technology can visit upon us. I received a
very nice note from the associates at Phillips
Lytle and Hodgson Russ telling me that they
were forming a union, seeking lesser demands
on their waking hours. Regretfully, they were
all fired.
Although my column spoke as though I had
taken office, this did not occur until June 14 at
the close of the election. There was an assembled throng at BAEC Headquarters consisting
of two janitors and a security guard (who was
there to escort me from the building). Even my
dog had better things to do. As did Kathleen
Sweet. That photo of her passing the gavel to
me was taken four years ago before either of us
was elected. Lucky guess. So as happened a
couple of times this past year, I stood in for her
and passed the gavel to myself. Fortunately, as
an old first baseman, I’m used to digging bad
throws out of the dirt and I caught it on the
short hop. I think I saw a tear in the security
guard’s eye.
But that wasn’t the end of the beginning. It
seems Kathleen was really Jonesing for the
power and prestige of the office. She had to be
dragged kicking and screaming from the premises. Boy, is she tough. Finally, we pried the
indicia of authority from her – the ermine
continued on page 4
To help our members keep pace with the latest ways in
which technology is impacting the practice of law, the
Erie Institute of Law has developed four new CLE
programs, to be presented this month. They are:
• Tablets: Not Just Yellow Pads Anymore
• Mandatory E-Filing in Erie County Supreme Court
• Apps for Lawyers/Creating a Law Firm App; and
• What the Heck is Active Participation? A Symposium
on Labor Market Attachment.
Refer to page 26 of this issue or visit www.eriebar.org
for dates, details and registration for these innovative
programs.
Beginning this fall, the Erie Institute is also
making all CLE programs available via webcast and –
for the first time – they can also be downloaded onto
mobile devices in addition to computers. The webcasts
occur in real time and make it possible for busy
practitioners to earn CLE credits from any location.
Through a special software program, a live feed of the
CLE session can be delivered to your computer. Any
accompanying PowerPoint presentations or other
course documents will be sent to you before the
program. Simply go to the CLE tab on our website to
learn more.
Also, please see the excellent article written by Young
Lawyers Committee Chair Elizabeth M. Midgley
about electronically stored information (page 18 of this
issue).
[B]
Noonday Lectures Now
Called Midday Learning
Due to ongoing confusion about the name of
our popular one-hour lecture series, it has been
changed from Noonday to Midday. Many
members assumed that “noonday” meant that
the programs took place at noon, when
most actually begin at 1:00 p.m.
A rose by any other name…
See this month’s President’s Letter for a
humorous look at the name change.
BAEC Launches New Website
A new and improved Bar Association website was
developed and launched over the summer. The new
site – which went live on August 1 – was one of the
initiatives that Immediate Past President Kathleen M.
Sweet’s began during her term.
“I wanted the site to be more welcoming and accessible
to our members,” Sweet says, noting that she had the full
support of the board of directors in moving the project
forward.
screenshot of new site
The improvements to the site allow members to do
much more online than was possible before the redesign.
At www.eriebar.org, attorneys can now:
• Register for CLE programs
• Explore new career opportunities
• Learn about the latest member benefits and
discount programs
• Apply for membership
• Purchase pre-recorded CLE programs
• Review archived issues of the Bulletin
• Pay dues; and much more.
The new site will also make it easier for members of
the general public to find a lawyer online using the
Lawyer Information and Referral Service. More
detailed information about upcoming programs and
events is now included, along with photos of members
attending them.
[B]
“In the garden, Autumn is, indeed the crowning glory of the year,
bringing us the fruition of months of thought and care and toil.
And at no season, safe perhaps in Daffodil time, do we get
such superb colour effects as from August to November.”
~ Rose G. Kingsley, The Autumn Garden, 1905
PAGE 2
www.eriebar.org | September 2013
Vol. 53 | No. 1 | September 2013
BAR ASSOCIATION OF ERIE COUNTY
Organized 1887
438 Main Street, Sixth Floor | Buffalo, New York 14202
(716)852-8687 | fax (716)852-7641 | www.eriebar.org
Bulletin correspondence: [email protected]
EDITORIAL BOARD
Editor ............................................Bonnie D. O’Brian
Law Editor ....................................Jeffrey A. Spencer
Tax Notes Editor ..........................Gary D. Borek
Art Editor ......................................Giles P. Manias
Hon. David J. Mahoney
(1960-2008)
Photography ................................Susan L. Kohlbacher
Glenn Edward Murray
Editorial Assistant ........................Brittany O. Luongo
OFFICERS AND DIRECTORS | 2013-2014
President ......................................Michael J. Ryan
Vice President ..............................Laurie Styka Bloom
Treasurer........................................Bruce W. Hoover
Deputy Treasurer ..........................Gregory T. Miller
Executive Director........................Katherine Strong Bifaro
~ Giles P. Manias
"If you build it, they will come.”
BOARD OF DIRECTORS
Regina A. Del Vecchio, Frank LoTempio III, Daniel T. Lukasik, Brian M.
Melber, Edward J. Markarian, Marianne Mariano, Daniel J. Marren and
William F. Savino, Jeffrey F. Baase, Laura C. Doolittle, Michael J. Flaherty
Jr., Anne E. Joynt
LIFE MEMBERS
Mark A. Adrian, Carol J. Alaimo, Brian D. Baird, Patrick J. Bannister, Lynn
A. Clarke, William J. Cunningham, Eric P. Doherty, Victor J. Gagliardi,
Sharon Stern Gerstman, Jean E. Gittler, Susan J. Grelick, Donald J.
Holzman, Stanley Kwieciak III, Michael P. McClain, J. Eldon Owens, Lauren
D. Rachlin, Jeffrey A. Spencer, James M. Wadsworth.
An Open Letter to Dennis Bischof
Would you like to see your name here? See page 24 to find
out how to become a contributing member.
Thank you so much for the volunteer work you do in
arranging in-person admissions to the U.S. Supreme
Court. Last winter, I learned I would need to be admitted for work. I knew people who had been admitted inperson and they reported what fun the trip was,
particularly seeing the Court in session. However, I had
already visited the Court, attended an argument, and
had a private tour of Justice Blackmun’s chambers and
the library. Therefore, I was skeptical that the time,
travel and expense would be worth achieving an objective I could accomplish by mail.
CONTRIBUTING MEMBERS
Joan Casilio Adams, Peter S. Aiello, Donald A. Alessi, Grace Marie Ange,
Richard J. Attea, Hon. Rosalie M. Stoll Bailey, Hon. Tracey A. Bannister,
Stephen E. Barnes, Jr., Thomas R. Beecher, Jr., Ronald P. Bennett, Leonard
Berkowitz, David W. Beyer, Richard S. Binko, Richard N. Blewett, Harold J.
Brand, Jr., Peter J. Brevorka, Phillip Brothman, Patrick J. Brown, T. Alan
Brown, Joel Brownstein, David Buch, Donna L. Burden, James P. Burgio,
Michael C. Burwick.
John F. Canale, John J. Carney, Alan S. Carrel, Thomas R. Cassano, Stephen
E. Cavanaugh, Ferdinand J. Ciccarelli, Emilio Colaiacovo, John F. Collins,
William B. Collins, Anthony J. Colucci, Jr., Robert B. Conklin, Robert N.
Convissar, Edward C. Cosgrove, Peter L. Costa, Donyelle E. Crapsi, Paul V.
Crapsi, Jr., Douglas S. Cream, Hon. John T. Curtin, Steven P. Curvin, Roger
T. Davison, Regina A. Del Vecchio, John M. Dempsey, Richard F.
DiGiacomo, Anne C. DiMatteo, Dean M. Drew, Hon. Timothy J. Drury,
Marvin T. Dubin, Robert E. Dwyer, Donald B. Eppers, Leo J. Fallon, Victor N.
Farley, Mark G. Farrell, Gabriel J. Ferber, Michael E. Ferdman, Robert P.
Fine, Peter J. Fiorella, Jr., Brian P. Fitzgerald, Richard E. Forrestel, Lawrence
C. Franco, Brenda M. Freedman, Jeffrey M. Freedman, Maryann
Saccomando Freedman, Robert Friedman, John J. Fromen.
Thomas J. Gaffney, William H. Gardner, Lynn D. Gates, Eugene M.
Gaughan, Stuart A. Gellman, Robert M. Goldstein, Jerome C. Gorski,
Wayne R. Gradl, Samuel L. Green, John C. Grennell, Richard F. Griffin,
Richard D. Grisanti, John J. Gruber, Mark W. Hamberger, Thomas J. Hanifin,
James P. Harrington, Mary Louise Hayden, Herbert J. Heimerl, Jr., William
R. Hites, Susan S. Hogan, Edwin P. Hunter, Melvyn L. Hurwitz, Norman E.
Joslin, James B. Kane, Jr., Judith D. Katzenelson, James J. Kirisits,
William J. Kita, Christian G. Koelbl III, Dan D. Kohane, Karl W. Kristoff,
Thomas E. Krug.
Stephen R. Lamantia, John P. Lane, Richard J. Lehner, John N. Lipsitz,
Arthur A. Lorenzo, Frank LoTempio, III, Leo M. Lynett, Jr.
James L. Magavern, Irving C. Maghran, Jr., Mark J. Mahoney, Giles P.
Manias, John Markarian, Mary Dee Martoche, Hon. Salvatore R.
Martoche, Norman J. Mattar, Hon. Jeremiah J. McCarthy, Maureen A.
McCready, Thomas I. McElvein, Jr., Donald G. McGrath, Diane J.
McMahon, Brian M. Melber, Raymond T. Miles III, Joseph D. Mintz, Albert
J. Mogavero, Peter J. Murrett, Jr., Joseph M. Nasca, Paul T. Nesper, Paula
M. Eade Newcomb, Anthony M. Nosek, Hon. Henry Jos. Nowak, James J.
O’Brien, Robert L. O’Connell, Hon. John F. O’Donnell, Timothy M. O’Mara.
Carl P. Paladino, Frank R. Papa, Thomas C. Pares, James A. Partacz, Robert
E. Pearman, Hon. Erin M. Peradotto, Robert H. Perk, Jeffrey A. Perla,
Michael F. Perley, Nicholas A. Pierino, Joel M. Poch, Theodore J. Pyrak,
James P. Renda, Mary (Molly) K. Roach, Jay N. Rosenthal, Mario J. Rossetti,
Victor A. Rossetti, Richard P. Rosso, Arthur J. Rumizen, Arthur A. Russ, Jr.,
Thomas Santa Lucia, Scott M. Schwartz, Edward J. Schwendler, Jr., Richard
B. Scott, Donald P. Sheldon, Richard J. Sherwood, Louis H. Siegel, Myron
M. Siegel, Robert G. Sillars, Richard Charles Slisz, Robert B. Sommerstein,
Gregory Stamm, Robert S. Stephenson, Milton J. Strebel, David L. Sweet,
Kathleen M. Sweet.
Phillip A. Thielman, Gordon D. Tresch, Thomas V. Troy, Frederick D. Turner,
Dimitri J. Tzetzo, Peter A. Vinolus, Dale M. Volker, Matthew X. Wagner, Jr.,
John B. Walsh, Neil Weinberg, Peter C. Wiltse, Wayne D. Wisbaum, Richard
D. Yellen.
Dear Dennis,
A few weeks later, I read the notice in the Bulletin
that you were again arranging the logistics for in-person admissions. I asked myself what circumstances
would entice me to expend the effort to make the trip.
I realized that your willingness to guide me through the
process, your availability to answer questions about the
details and your presence in Washington to liaise with
the Court’s personnel was the enticement.
Am I ever glad I signed up! You created a personal
experience, rather than my feeling I was only one of a
large group. I happen to be cousin to Judge Paul
Friedman of the D.C. District Court; and he arranged
his schedule to move my admission. Since he was the
most senior person of those making motions, he and I
were first. I expected a perfunctory process. I thought
that, especially being first, I would find the Justices
settling into their chairs, arranging their papers for
the morning’s arguments, whispering to each other the
private niceties colleagues share and that the Chief
Justice would routinely grant the Motions to Admit.
Not so by far!
I rose from my chair when my name was spoken.
After I settled into a straight and respectful posture, I
looked up. I was eight feet in front of Justice
Sotomayor. I found her looking back, right at me. I
smiled and she smiled immediately, with watery eyes
and sniffles-reddened nose. Down the line to the right
went my gaze. Justice Breyer was looking me in the
eye, with a pleased expression on his face. Justice
Thomas smiled and looked directly at me. My glee was
being noticed and returned. Justice Scalia nodded and
smiled and also met my eye. The Chief was attending
to Paul and his Motion. Justice Kennedy was looking at
me full of attention. Justice Ginsburg nodded; Justice
Alito grinned and nodded. By this time, I was full of a
calm pride and profound awareness of the responsibilities I was accepting and the honors being bestowed
upon me. Justice Kagan smiled, acknowledging me.
Adrenaline and excitement and tingling turned the
minute-long process into a lasting memory. Each
Justice conveyed the import of the event, the happiness
of the proceedings and the solemnity of the consequences, conveying the symbiosis between the bench
and the bar.
After Paul finished reading the form motion the
Court Clerk provides, having ad libbed the adjective
“my cousin” before my name, Chief Justice Roberts,
who has worked with and known Paul for decades,
announced, “Your cousin will be admitted,” turned to
me, looked me in the eye and smiled. I nodded back.
My heart was in my throat, my mother was in the
gallery and I was over the moon.
Thank you, Dennis.
~ Steven S. Fox
Buffalo
Letters to the editor and short articles of general interest to our readers are always
welcome. All materials submitted for publication in the Bulletin are subject to editing
for reasons of style, space and content.
Send all submissions as Word documents to [email protected] (preferred) or
by mail to: Bulletin Editor, 438 Main Street, Sixth Floor, Buffalo, NY 14202.
•
DEADLINE
•
•
October 2013 Bulletin D E A D L I N E
•
•
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The next deadline for ALL Bulletin contributors and advertisers is
Friday, September 6, 2013.
Call Brittany Luongo at Bar Headquarters for more information, 852-8687.
PAGE 3
September 2013 | www.eriebar.org
Law Alumni, GOLD
Group Officers Elected
bench and bar in the news
How to place an announcement:
If you are a BAEC member in good standing
and you’ve moved, been promoted, hired an
associate, taken on a partner, or received an
award, we’d like to hear from you. Talks,
speeches (unless they are of national stature),
CLE presentations and political announcements are not accepted. In addition, we will
not print notices of honors determined by
other publications (e.g., Super Lawyers, Best
Lawyers, etc.). Notices must be submitted in
writing and limited to 100 words. They are
printed at no cost to members and are subject
to editing. E-mail your notice and high resolution photo (300 dpi) to [email protected]
Sarah P. Rera has joined Gross
Shuman Brizdle & Gilfillan as an
associate attorney, where she will
focus on insurance and personal
injury litigation. She is a member of
the Western New York Trial Lawyers
Association and an adjunct professor
Rera
at Bryant and Stratton College. A
graduate of the State University of
New York at Buffalo School of Law, Rera earned her
B.A. from St. John’s College.
Alan J. Bozer, a partner with
Phillips Lytle LLP, has been elected
to a three-year term on Buffalo
Olmsted Parks Conservancy board of
trustees. He was also appointed cochair of the “Olmsted Open,” the
group’s golf tournament fundraiser.
Bozer
Bozer co-chairs his firms white collar
criminal defense and government
investigations practice team and has been recognized
by the Volunteer Lawyers Project for his pro bono work
in immigration law. He holds a B.A., magna cum
laude, from Harvard College and a J.D., cum laude,
from SUNY at Buffalo School of Law.
Martha Donovan has joined
Chelus, Herdzik, Speyer & Monte,
P.C., as an associate attorney, where
she will handle litigation files as well
as general practice matters. Donovan
holds a J.D. from SUNY Buffalo
Law School, along with a B.A.
from Brown University and a
Donovan
master’s degree from SUNY Buffalo.
She will work from the firm’s downtown and
Cheektowaga locations.
Sharon M. Porcellio has joined
the litigation department at Bond,
Schoeneck & King, PLLC. A graduate of the University of Rochester
and Northwestern University School
of Law, she was recently appointed
by Chief Judge Lippman to the
Porcellio
Commercial Division Advisory
Council. Porcellio also writes a
quarterly column about the Western District for the
New York Law Journal.
Burke
Pannozzo
Jennifer Burke and Christopher
Pannozzo have recently been
named partners at the law firm of
Shaw & Shaw P.C. Burke practices in
the area of Real Estate, and
Pannozzo practices in the area of
Personal Injury and Criminal
Defense. A graduate of Fairfield
University, Burke received her J.D.
from the SUNY Buffalo Law School.
Pannozzo is a graduate of the State
University of New York at Oswego,
magna cum laude, with an honors
diploma, and the SUNY Buffalo Law
School, cum laude.
continued on page 24
Terrence M. Gilbride has been elected 2013-2014
president of the SUNY Buffalo Law Alumni Association,
Inc. Gilbride is a partner in the Buffalo office of
Hodgson Russ LLP, where he focuses on real estate,
public finance, higher education, commercial leasing,
and public/private partnerships. He also co-chairs the
firm’s college & university practice group. Gilbride
currently serves as corporate counsel for Martin House
Restoration Corporation and as a former chair and
trustee of several local charitable groups.
Hon. Lenora B. Foote-Beavers of Erie County
Family Court is the new president-elect. Vice presidents
are: Marc W. Brown of Goldberg Segalla LLP, Joseph
N. Del Vecchio of National Fuel Resources Inc.; Mary
Pat Enright Fleming of the United States Attorney’s
Office; Brian D. Gwitt of Damon Morey LLP, and
Robert P. Heary of Hiscock & Barclay LLP.
Treasurer is Michael A. Piette of Jaeckle Fleischmann
& Mugel, LLP; assistant treasurer is Pietra G. Lettieri
of Harris Beach PLLC; secretary is Mary Moorman
Penn; and assistant secretary is Marion K. Henderson,
retired.
Immediate past president is Brian M. Melber of
Personius Melber LLP. Vice Dean for Alumni, Public
Relations and Communications Ilene R. Fleischmann
of SUNY Buffalo Law School, continues as executive
director. Lisa M. Mueller, Assistant Dean for Alumni
and Communications, serves as assistant director.
Bar Committees
Consistently rated as a top benefit of
membership, Bar committees are a great
way to connect with colleagues
and keep pace with the profession.
See the special insert in this issue…
and plan to participate!
The need may be based on medical problems, job loss,
emotional difficulties, family crises or many other situations.
No person or problem is categorically excluded.
If you need assistance – or know a friend or colleague
who does – please call Kelly Bainbridge at 628-4892.
All services are individualized and completely confidential.
It’s great to belong to something this good.
PAGE 4
President’s Letter
continued from page one
trimmed robe (Memo: have hem raised two inches),
the orb and the scepter. Unfortunately, when Kathleen
was first presented with the orb, her natural inclination
was to dribble it. That dent won’t come out. And the
pine tar at the base of the scepter suggests it was used
for fungo practice.
I disclose this now so Laurie Styka Bloom won’t
blame me for the damages.
The ceremonial stuff completed, it was time to
commence the real work of the BAEC. Following our
investure by almost – but not quite – a Federal judge,
Hon. Jeremiah J. McCarthy at the June 17 meeting
(the robe isn’t even back from the dry cleaners), we
had an appearance by Peter Battaglia, the Dean of the
Erie Institute of Law. I have known Peter for donkey’s
years and had many deals with him. He is an
outstanding dirt lawyer and has given countless hours
of service to the BAEC and the Bar Foundation. Thus,
he was the last person I would expect to create a major
controversy so early in the game. The expression
“summertime and the livin's easy” is supposed to describe
the June, July and August board meetings. Not so.
For years, we have had short CLE programs
eclept “Noonday Lectures,” which usually begin at
1:00 p.m. Nonetheless, many of our members interpret
the title to signify a start time when both hands on the
clock are straight up. So they are an hour early and
while waiting consume large amounts of hard candy
from the dish at the front desk. This has played havoc
with our budget and their waistlines.
Thus, a new title was deemed necessary. This was
earthshaking.
I could feel a sense of unease among those
attending their first board meeting. It was a “what
have I gotten myself into?” moment. To calm nerves, I
immediately made a suggestion. But it seems Johnny
Carson’s estate has a still extant copyright on the “Tea
Time Movie with Art Fern.”
So we went with Peter’s suggestion. It’s now
“Midday Learning.” Crisis resolved.
With the first board meeting in the books, I felt a
break was appropriate. To demonstrate my stress
reduction cred, after one week in office, I took a twoweek vacation. My goal is to raise indolence to an art
form. By initially setting the bar so low that even Bill
Savino can’t limbo under it, almost any activity on my
part will seem dervish-like in comparison. Don’t tell
anyone my plan.
The jury verdict was just rendered in the
Martin/Zimmerman trial in Florida. (Is it just me or
does the Sunshine State get more than its aliquot share
of these about to be made-for-TV movie cases?) Since
I do not practice in the criminal law arena, maybe I
have no standing for the following comments. Or, since
I don’t have a horse in the race, maybe I do.
Whenever one of these headline-grabber cases
arises, I do all that is humanly possible to avoid the
media saturation surrounding it. TMI.
This case was in the news for 17 months. The first
16 months were filled with blather that emanated from
the cable channels (some of whom have the chutzpah
to call themselves “news” services), which was beyond
irrelevant.
Each side of the case, depending on the political
bent of the channel, has a set of talking heads who are
the Paris Hiltons of the legal profession. We know their
names, we just don’t know why. And they are the
source of information about these complicated cases for
laymen watching these shows. Perhaps even forming
opinions as they prattle. Scary.
Once the trial starts, I really go into blackout
mode. There is no way a 30-second sound bite on the
evening news adequately conveys five or six hours of
testimony or provides a law review analysis of the
statutes and case law applicable. There is also the issue
of the competency and bias of the reporter.
So with my self-induced ignorance, when a verdict
is rendered, I am neither pleased nor displeased. I do
not agree nor disagree. While it’s perfectly acceptable
for me to second-guess the play calling at a Bills game,
since I, in fact, know more about pro football than the
head coach, I am not about to do that with a jury
verdict. I did not sit in their seat for the days (or even
weeks) involved. I did not observe the witnesses, or
body language or whatever else may have gone into the
decision. Also, I undoubtedly know less about the law
than they do.
And I assume they were impartial since both sides
and the judge had that as a concern. And I assume that
the lawyers involved in a case of this notoriety were
very competent and did the very best they could. It was
a fair trial, which is all we can ask for.
So I find some of the reaction to a major verdict
like this to be unfortunate, if not damaging, to our
criminal justice system.
I understand that those who disagree with the
verdict will express their displeasure in a variety of
ways. Reasonable people can always differ and if any
flaws in the system are shown, they should be
addressed. Argue that “stand your ground” should be
repealed, or for tougher gun control laws.
But what I truly detest is when politicians, many
of whom are lawyers and should know better, join the
Greek chorus, pick up the nearest stone, and excoriate
the jurors for their wrong headedness, or worse,
prejudice. The jurors were average people thrust into a
situation not of their making, for which they were
totally unprepared. Their lives were disrupted, perhaps
permanently. And they are treated like criminals.
I cannot help but feel that, because of the high
profile of the trial and aftermath, this could affect
future jury pools, even nationwide. Who wants to be a
part of this? And that also goes to the issue of future
defendants getting a fair trial. If conviction is the easy
way out for the jury, take it, regardless of what the trial
brings out.
Agree or disagree with an outcome (and I usually
do neither), as lawyers we need to respect the verdict
and the process which generated it. And move on. One
person is dead, and one might as well be. Let’s not
make it even worse.
We lost a pillar of our legal community with the
passing of Francis J. Offermann, Jr. on July 18 (see Phil
Magner’s “Recollection” on page 5 of this issue). As a
kid, I first became aware of the Offermann name
watching the Bisons play in the stadium of that name
at the corner of Michigan and East Ferry. Although
ownership of the team changed, in the 1960s and 70s
when major league baseball was expanding, Frank
would usually be involved in some fashion. It was a
good idea not to ask Frank how Buffalo got robbed of
a franchise unless you had a couple of spare hours on
your hands.
I had just had a great conversation with Frank the
previous week at the past presidents’ dinner honoring
Kathleen Sweet. He chaired our Senior Lawyers
Committee, and we were discussing pro bono opportunities for the Committee. He was enthusiastic about the
effort but modestly omitted some information. I found
out later that his own pro bono work has been extensive. One memorable case was defending a foreclosure
for an elderly woman who had been the victim of
predatory lending practices. He beat the foreclosure,
had the mortgage interest and balance re-cast, and got
a judgment against one of the offending parties.
For over 60 years, he served his clients well. As
BAEC President in 1984-85 and through extensive
committee work, he served his profession well. Thank
you, Frank.
[B]
PAGE 5
Francis J. Offermann, Jr. – A Recollection
By Philip H. Magner, Jr.
In the late 1940s and early 1950s,
a new generation of lawyers entered
the practice of law, almost all of
them veterans of World War II. They
came to the practice molded and
shaped by two powerful and democratizing influences – their time in
uniform, and their well earned education under the GI Bill of Rights.
While deeply respectful of the
traditions of their honorable profession, they were open to change, and
justly resistant to the hierarchical
system of privilege, elitism, and
exclusion which still permeated and
persisted in some quarters at that
time, and which, to their everlasting
credit, they were finally able to
change.
years, sitting on the porch of a rented
house on the grounds of the
Chautauqua Institute where they
shared many memories.
Graduated from Georgetown Law
School following military service,
Frank began practice as an associate
in the firm then known as Kenefick,
Cooke, Mitchell, Bass & Letchworth.
Before long, however, he left to found
with his brother-in-law, the firm of
Lawless, Dare, Doerr & Offermann
in the Statler building.
Over the years, Frank’s office was
thought to be a veritable “judge
factory” from which emerged New
York State Supreme Court Justices,
“I believe that if Frank
the Honorables William B. Lawless,
later Dean of Notre Dame Law
had been asked, his
They are almost all gone now –
School, John H. Doerr and Leo J.
passing was almost
those lawyers of change, and the
Fallon, both later Associate Justices of
remaining few are rapidly passing
the Appellate Division Fourth
exactly what he would
from the scene. But in their time,
Department, David Mahoney, and
they overcame prejudice, sexism,
Eugene F. Pigott, Jr., later Presiding
have chosen.”
and pedigree, and replaced them
Justice of the Fourth Department,
with equal opportunity.
and presently serving as Associate
Judge of the Court of Appeals. The
That generation of lawyers, skillfirm,
however,
was
universally referred to as the
ful, fair, courageous, and determined, left the profes“Offermann firm” and with good reason.
sion better than they found it, for which both the
public and the bar are in their debt.
Francis J. Offermann, Jr. was of and with that generation, and one of its most important leaders not only in
this area but in New York state as a long-time member
of the House of Delegates of the State Bar Association.
Sadly, Frank left this life on July 18th, ending a long
and luminous career which provides a worthy example
to all who follow.
I believe that if Frank had been asked, his passing
was almost exactly what he would have chosen – in
apparent good health, on a warm summer morning,
sipping coffee with Anne, his beloved wife of almost 64
The one constant in the firm was Frank Offermann
who never expressed, at least to me, any desire to serve
on the bench, although nomination could have been his
for the asking. He too much enjoyed the legendary loyalty of his many clients, the challenge, excitement, and
camaraderie of the practice, to trade them for the
robes, trappings, and relative isolation of the judiciary.
Almost always genial in his demeanor and dealings,
he won not only wide respect but popularity among
lawyers, and he was elected to serve as president of the
Bar Association of Erie County in 1984-85.
New Case Types for
Mandatory E-Filing in
Supreme Court
Pursuant to an Administrative Order of the
Chief Administrative Judge of the Courts,
(AO/173/13), the following case types are
subject to mandatory e-filing in Erie County
Supreme Court:
• All mortgage foreclosure actions involving real
property commenced after April 14, 2013.
• All Commercial Division matters, medical,
dental and podiatric malpractice cases, tax
certiorari cases and asbestos cases
commenced on or after July 1, 2013.
In addition, it is anticipated that mandatory
e-filing will be authorized in Erie County
Supreme Court for all contract, commercial, and
tort actions and all other foreclosure proceedings
(excluding in rem tax foreclosures) commenced
on or after October 1, 2013.
Mandatory e-filing is subject to section 202.5
of the Uniform Rules for the New York State
Trial Courts. Newly revised local protocols on
procedures for electronically filed cases are
available at: http://www.nycourts.gov/courts/
8jd/Erie/efile.shtml.
Training will continue on September 18 at
10:00 a.m. and September 26 at 2:00 p.m. All
training sessions will be held in the Ceremonial
Courtroom on the second floor of the courthouse, located at 92 Franklin Street in downtown Buffalo. Attorneys and their staff
members, paralegals and secretaries may attend
either session. There is no charge, and attorneyparticipants will receive 2 CLE credits.
Further information on training is available on
the NYSCEF website, www.nycourts.gov/efile,
or by contacting the Resource Center at
646-386-3033, or at [email protected]. To
register online for training sessions, visit
www.nycourts.gov/efile and click on “NYSCEF
Training, Register Today.”
[B]
PAGE 6
JURISDICTION AND VENUE
western district case notes
By Paul K. Stecker and Kevin M. Hogan
CONTRACTS
FEDERAL TORT CLAIMS
In Haughton v. Cognisight, LLC (13-CV-6010L,
7/12/13), plaintiff claimed that he was entitled to a
share of a corporation’s profits in exchange for consulting services he provided to defendants. Although the
parties never entered into a written contract, plaintiff
claimed that there was either an employment relationship, or a partnership or joint venture, under which he
was entitled to such compensation. The court denied
defendants’ motion to dismiss based on the statute of
frauds, holding that (i) because the claimed agreement
had no specific end point, it was terminable at will and
therefore outside the statute of frauds, and (ii) even if
the statute of frauds did apply, certain documents generated by defendants could, if read together, be found
sufficient to satisfy the “writing” requirement. Among
other holdings, the court also rejected defendants’
argument that plaintiff had not sufficiently alleged the
terms of a valid contract, holding that plaintiff’s allegations, in particular those related to the parties’
course of conduct, were sufficient to state a claim.
In Zhao v. United States (06-CV-106S, 5/30/13),
plaintiff sued the government under the Federal Tort
Claims Act (“FTCA”), alleging that a customs officer
used excessive force in detaining her. Plaintiff asserted
two claims: one for negligent hiring, supervision and
training; and the second for excessive force. The court
granted the government’s motion to dismiss the
negligent hiring, supervision and training claim on
the ground that such activities fall within the
“discretionary function” exception to the United States’
waiver of sovereign immunity for assault and similar
conduct by federal officers.
As to the other claim, the court denied plaintiff’s
motion for partial summary judgment foreclosing the
government from denying that the customs officer used
excessive force. The customs officer had been arrested
and was later acquitted of charges arising out of
plaintiff’s detention, following which he had sued the
government for false arrest. That case was dismissed
after the government submitted affidavits from two
other customs officers stating that the officer had used
excessive force. Although the court dismissed the
officer’s case based on those affidavits, finding that
they established probable cause for his arrest, the court
rejected plaintiff’s “judicial estoppel” argument in this
case. As the court explained, the government’s current
position was not irreconcilable with its position in the
earlier case because the court dismissed the officer’s
action for false arrest based not a finding that he had
used excessive force, but rather on the ground that the
other officers’ belief that he had done so established
probable cause for the arrest.
In Frankford Crossing Shopping Center Dallas,
Texas L.P. v. Pho Partners, LLC (12-CV-6424L,
4/29/13), plaintiff, a Delaware limited partnership
with its principal place of business in Rochester, sued
defendants for breach of a lease agreement involving a
Texas shopping center owned by plaintiff. The lease
contained a forum selection provision in which the
parties agreed that any controversy arising under the
lease “must be determined in the state, county, or city
courts in which owner’s principal office is located.”
The court denied defendants’ motion to dismiss for
lack of personal jurisdiction or to transfer the case to
Texas, holding that the forum selection clause was
mandatory and its enforcement would not be unreasonable or unjust. But the court granted plaintiff’s
motion to remand the case to the New York state court
from which it had been removed, holding that the
forum selection clause required that disputes arising
out of the lease agreement be litigated in state court
and that defendants therefore had waived their right to
remove the case to federal court.
In Loos v. Mitcheltree (13-CV-69S, 7/12/13) plaintiff,
a resident of New York, was injured when she collided
with defendant, a resident of Connecticut, while skiing
in Vermont. Defendant moved to dismiss for lack of
personal jurisdiction. Plaintiff did not contest that
jurisdiction was lacking, but instead asked the court to
transfer the case to the District of Connecticut.
Observing that lack of personal jurisdiction can be
cured by transfer to a court that has jurisdiction, the
court granted the request to transfer, finding that this
would serve the interest of justice because the applicable statute of limitations had expired shortly after the
case was commenced, and plaintiff would be barred
from bringing a new action if the case were dismissed
rather than transferred.
[B]
INNKEEPER LIABILITY
In Young-Gibson v. Patel (08-CV-667S, 7/12/13),
plaintiff claimed that she was injured because of delay
in obtaining a prescription; she claimed that the defendant’s hotel at which she had stayed was responsible
for the delay because the hotel failed to answer repeated
telephone calls from her out-of-town physician, who
was calling to inform plaintiff as to the pharmacy to
which he was sending the prescription to be filled. The
court granted defendant’s motion for judgment on the
pleadings. Although an innkeeper’s duty under New
York law includes protecting guests from harm and
providing a “safe harbor,” the court held that the risk
of plaintiff becoming ill while waiting for a call from
her physician fell outside the class of hazards the
innkeeper’s duty is intended to prevent.
Flu Vaccines Available
The Visiting Nursing Association is offering
walk-in flu shots for Bar Association members
on Wednesday, September 25 from 10:00
a.m. until 3:00 p.m. The clinic will be held at
438 Main Street at Court, on the 12th floor.
Representing Immigrant Survivors of Violence: Self-petitions,
Waivers of Conditional Residency, Asylum and U Visas
A CLE program presented by the
Volunteer Lawyers Project (VLP)
YOU WILL EARN 3 CLE CREDITS IF YOU TAKE A PRO
BONO CASE AFTER ATTENDING THE CLE
THIS IS A FREE EVENT for admitted attorneys only who
COMMIT TO HANDLING AN IMMIGRATION CASE PRO BONO!
Friday, September 27, 2013 | 9AM to 12PM
Bar Association Conference Room, 438 Main St., 6th Floor (at Court St.), Buffalo
Email Sophie Feal at [email protected] or call 716-847-0662 ext. 314 to register
Featuring Counsel from
the Department of Homeland
Security Chief
Counsel’s Office;
Donall O’Connor of Webster
SZANYI LLP; and VLP’s Emma
Buckthal and Sophie Feal
PAGE 7
PAGE 8
PAGE 9
PAGE 10
Law Alumni, GOLD Group Officers Elected
“You and the Law”
Educates Public on
Legal Issues
New directors elected for terms ending in 2016 are
Melissa A. Foti of Kenney Shelton Liptak Nowak LLP,
Anne E. Joynt of Lipsitz & Ponterio, LLC, Thomas F.
Knab of Underberg & Kessler LLP, Joseph D. Morath of
Connors & Vilardo LLP, Paulette E. Ross of Gibson,
McAskill & Crosby LLP, Andrea Schillaci of Hurwitz &
Fine, PC, and Stephen A. Sharkey of Bond, Schoeneck
& King, PLLC.
We appreciate the time that the following
members of our legal community have taken
to educate the public about legal matters by
volunteering their time on You and the Law.
The program airs every Friday at 5:45 p.m.
during NPR’s “All Things Considered.”
continued from page 3
Shuman, Brizdle & Gilfillan, PC will serve as 20132014 GOLD Group president. President-elect is Kevin
J. Espinosa of Hodgson Russ LLP. Immediate past
president is James M. O’Keefe of the Law Offices of
William Mattar; treasurer is Marnie E. Smith ‘09 of
Harris Beach PLLC; treasurer-elect is Joshua E. Dubs
of the Law Offices of Joshua E. Dubs; secretary is
Jeffrey T. Fiut of Hodgson Russ LLP; and secretaryelect is Seth D. Pullen of Biltekoff & Pullen, LLP.
Patricia L. Warrington of SUNY Buffalo Law School
serves as assistant director.
Scott D. Miller
Handguns Under the New Law
PHOTO
UNAVAILABLE
Harry J. Forrest
Disability Appeals
Steven M. Cohen
What To Do if the Police are
Banging at Your Front Door
Diane R. Tiveron
Identity Theft
Kenneth A. Olena
Adoption
PHOTO
UNAVAILABLE
Law Alumni Association
Other directors include: Hon. Tracey Bannister of
New York State Supreme Court; Scott C. Becker of
Kavinoky Cook LLP; Christopher E. Copeland of M &
T Bank; Michael T. Feeley of Rupp, Baase, Pfalzgraf,
Cunningham & Coppola, LLC; Joseph M. Hanna of
Golberg, Segalla LLP; Amy Herstek of Rich Products
Corporation; Angela M. Zwirecki Miller of Phillips
Lytle LLP; Ryan J. Mills of Brown & Kelly, LLP, Jeffrey
F. Reina of Lipsitz Green Scime Cambria LLP, Amy
Habib Rittling of Lippes Mathias Wexler Friedman
LLP; Stephanie A. Saunders of Kaleida Health;
Sheldon K. Smith of Nixon Peabody LLP; Kirstin
Lowry Sommers of Seneca Gaming Corporation; and
Linda Lalli Stark of the Law Office of H. Jeffrey
Marcus.
Officers and directors of the Law Alumni
Association’s GOLD (Graduates of the Last Decade)
Group, an arm of the Association focused on organizing
educational, social and networking opportunities to
assist recent graduates as they transition from student
to attorney, were also elected. Teia Marie Bui of Gross,
Sarah Galvan
Current Status of the Foreclosure
Crisis
GOLD Group
Other GOLD Group directors include: Elizabeth
Blazey-Pennel of the Internal Revenue Service;
Stephanie J. Calhoun of the New York State Attorney
General’s Office; Ryan P. Crawford of Gibson, McAskill
& Crosby, LLP; Frank H. Ewing of Hodgson Russ
LLP; Kathleen T. Feroleto of Brown & Kelly, LLP;
Elizabeth Fox-Solomon of New York State Supreme
Court, Appellate Division, Fourth Department;
Kimberly A. Georger of Rupp, Baase, Pfalzgraf,
Cunningham & Coppola, LLC; Jeffrey P. Gleason of
Damon Morey LLP; Thomas M. Gordon of Gross,
Shuman, Brizdle & Gilfillan, P.C.; Michael J. Hecker of
Hodgson Russ LLP; Bradley S. Loliger of Legal
Services for the Elderly, Disabled, or Disadvantaged of
Western New York; Melissa M. Morton of Gibson,
McAskill & Crosby, LLP; Ryan K. Parisi of The Parisi
Firm; Michael E. Reyen of Hodgson Russ, LLP;
Shatorah N. Roberson of The Roberson Law Firm; and
Patricia C. Sandison of Hodgson Russ LLP.
[B]
Desperate Problems
Laura L. Jabrucki
Wills/Estate Planning for
Married Couples
PHOTO
UNAVAILABLE
Marc W. Brown
Real Estate Litigation and Title
Claims
Rita Georges
Marriage Equality: What it
Means to Immigration
Mark J. Peszko
LGBT State Tax Refunds
Kelly Carr
Getting into Canada with a
Drunk Driving Conviction
You and the Law is underwritten by the Erie
County Bar Foundation and the Lawyer
Referral and Information Service of the BAEC.
If you would like to appear as a guest on the
program, please call 852-8687.
I didn’t know what to do. I felt that my problems
were too immense and too difficult to handle. I felt
desperate, afraid, lonely and sad. I wasn’t the type of
person who would share problems with another person.
I began drinking as a teenager – just beer at first.
I slowly developed a taste for the “harder” stuff. My
drinking never got me into big trouble. Never had a
DWI or major accident; never lost a job or a marriage
over it. My problems seemed to be centered around
relationships. This included family and former friends.
There was a total breakdown in communication with
my son, and I had very few friends left.
Shortly before I became sober, I remember the day I
said, “I am not going to eat anymore!” I was losing
weight and becoming more and more anxious, sullen
and withdrawn. It seemed that eating just upset my
stomach and began to interfere with my drinking. Soon
after, I realized I was in a bad situation – couldn’t stop
drinking, and I finally realized I should. I became a
closet drinker at this point. I would wait for the family
to go to bed for the evening and then I would begin my
drinking. I could drink a tremendous volume in a very
short time. I would invariably go to sleep drunk and
wake up hungover.
As the problems in my life became unbearable to me,
one day I made an announcement (a vow) to my whole
family that I was going to stop drinking. Having
admitted for the first time that I was powerless over
alcohol, many odd things began to happen. My family
was now encouraging me to go to Alcoholics
Anonymous, or “AA.” My family surprised me: some of
them are recovering alcoholics too and they knew what
I was going through.
A volunteer from the Lawyers Helping Lawyers
Committee contacted me and asked me to lunch. He
later brought me to my first AA meeting.
Since attending AA regularly, all sorts of wonderful
things have happened to me. My friends and family
relationships have improved. My health has improved.
I am learning to accept life on life’s terms. I am growing emotionally, spiritually and in every other way. I
haven’t had a drink in over a year and a half and things
are getting better day by day. I owe my recovery, which
is an ongoing affair, to AA. I found people in AA who
could show me by their words and actions and stories
- how to live a new and wonderful way. If you feel desperate like I did, give yourself a break. There are people ready, willing and able to help you on your way to
recovery.
[B]
Editor’s note: If you or a colleague are struggling
with substance abuse, help is readily available. Call
852-1777 for completely confidential assistance.
PAGE 11
cyberlaw: the brave new e-world
By Anne F. Downey
Trademark Turf Wars and the Internet
In 2012, there was an interesting decision by Judge
Telesca in the U.S. District Court for the Western
District of New York in Dudley v. HealthSource
Chiropractic, Inc., No. 6:07-cv-6631 (WDNY 8/7/12).
The lawsuit was brought by Donald Dudley, a
Rochester chiropractor operating under the
Healthsource Chiropractic name. Dr. Dudley sued an
Ohio chiropractic company and its Rochester franchisee that used the same name across the country and
in parts of New York state other than Rochester. The
complaint alleged trademark infringement, cybersquatting, and unfair competition, and Dr. Dudley
sought monetary damages and injunctive relief.
Defendants denied the allegations and counterclaimed
for a declaratory judgment of non-infringement.
Dr. Dudley proved that he was the senior user of the
trademark, but the parties disputed the scope of the
territory to which Dudley was entitled to assert exclusive use of the mark. His proof established use of the
mark in the Greater Rochester area, plus some regional
ads and a website at HealthSourceChiropractic.com.
Plaintiff claimed exclusive rights throughout Monroe
County and the five contiguous counties, as well as priority “on the Internet.” Defendant argued that plaintiff
had priority in only certain parts of the Rochester area.
Dudley’s rights were based solely on common law, as
he does not own a state or federal trademark registration. The Ohio company operates a website at
HealthSourceChiro.com and its founder owns two federal trademark registrations, one for HealthSource
Chiropractic and the other for HS HealthSource. (For
ease of discussion, we will refer to these registrations as
the “defendants’ registrations.”) The Ohio company
has 325 franchisees nationwide serving 300,000
patients. In 2007, the company opened a Rochester
franchise but called it HealthQuest (with a website at
RochesterSpinalCare.com) upon learning of plaintiff’s
operations in Rochester.
exclusive rights. The internet is not, however, a geographic territory to be subdivided; instead, it is a
global communication medium that is accessible from
anywhere on the planet….The rights of concurrent
users would be substantially harmed if one user were
able to monopolize the internet to the exclusion of other
lawful users of the same mark. If, as the plaintiff suggests, a senior common law user could claim exclusive
use on the internet, then it would undermine the benefits and security provided by federal registration. A
federal registrant could never be certain that its rights
extended to the internet and that a senior user would
not come forward claiming priority and exclusivity to
the internet. Similarly, allowing a federal registrant
exclusive use of the mark on the internet would therefore equally undermine the territorial rights of a senior
user….”
Dr. Dudley claimed that defendants’ use of
HealthQuest Chiropractic for the Rochester franchise,
as well as the use of HealthSource Chiropractic on the
Internet, were likely to cause confusion with
He further noted that “restricting internet use to the
HealthSource Chiropractic. Plaintiff cited some
federal registrant would therefore equally undermine
instances of actual confusion and noted that a Google
the territorial rights of a senior common
HealthSource
on
search
law user. Consequently, this Court conChiropractic brought up the Ohio
cludes that neither party can claim
company’s website first. Both parexclusive rights to the internet….A tradeties moved for summary judgment.
mark owner cannot reasonably expect to
In plaintiff’s motion papers, plain“A trademark owner
have exclusive use of a term on the intertiff argued for the first time that
net….Accordingly, because he cannot
one of the defendants’ federal
cannot reasonably
establish exclusive rights on the internet,
trademark registrations was
the Plaintiff ’s claim for trademark
invalid.
expect to have
infringement under 15 U.S.C. 1125(a)
In August 2012, Judge Telesca
with respect to the Defendants’ use of the
issued a decision on the motions
exclusive use of a
HealthSource Chiropractic mark on the
for summary judgment. As to
internet is dismissed.”
plaintiff ’s attempt to invalidate
term on the internet.”
Regarding the alleged cybersquatting,
defendants’ registration, the judge
Judge
Telesca
dismissed
the
declined to consider the issue on
Anticybersquatting Consumer Protection
the motion.
Act claim, finding that plaintiff failed to
The judge found that plaintiff
show bad faith on the part of defendants.
had proven use of the
In the August 2012 decision, Judge
HealthSource Chiropractic mark
Telesca
granted
plaintiff additional time to submit eviin commerce prior to defendants’ constructive use date
dence
concerning
its zone of exclusive rights. In a deci(the date of the federal trademark registration). Telesca
sion
dated
December
26, 2012, the judge concluded
noted that defendants’ federal registration established
that the evidence submitted by plaintiff failed to connationwide rights subject to any senior common law
clusively establish at the summary judgment stage that
rights established prior to defendants’ federal registraplaintiff was entitled to exclusive rights in Monroe
tion date. As to the claim that the name “HealthQuest
County and the five contiguous counties. Accordingly,
Chiropractic” is confusingly similar to “HealthSource
he denied the parties’ respective motions for summary
Chiropractic,” the court found no likelihood of confujudgment as to whether plaintiff can claim all of
sion.
Monroe County and the five contiguous counties. As of
The most interesting issue before Judge Telesca was
late June 2013, the parties were participating in mediDr. Dudley’s claim that he was senior user of the
ation sessions but had not reached a settlement.
HealthSource Chiropractic mark, not only in the
At least two other cases have dealt with the
greater Rochester area but also “on the internet.”
territorial scope of trademark rights in connection with
Judge Telesca rejected the attempt to monopolize use of
Internet usage: Optimal Pets, Inc. v. Nutri-Vet, LLC,
the mark on the Internet, stating “…Plaintiff assumes
877 F.Supp.2d 953 (C.D. Cal. 2012) (“In considering
that the internet is a territory in which he can establish
PAGE 12
deference to an agency’s interpretation of a statute,
such deference applies only if the statute is unclear.
lost in (techno) space
By Martha Buyer
Class Actions and Robocalls: Pizza Anyone?
Any attorney with clients that might even consider
using any form of autodialed calls or texts to customers
(known in the trade as “robocalls”) – even to important customers for “all the right reasons,” is welladvised to pay careful attention to not only the FCC
and
FTC’s
enforcement
of
the
TCPA
(Telecommunications Consumer Protection Act-47
USC § 227), but to the recent successes of the class
action bar in securing mighty settlements from, among
others, Steve Madden [Shoes], Coca Cola, Domino’s
and Papa John’s. Anyone who thinks the class action
bar isn’t hungry for this (more on that in a minute),
hasn’t been paying attention.
The revised TCPA Enhanced Rules will take effect on
October 16 of this year, and apply to both unwanted
and unsolicited calls and texts. There have also been
some important changes, in terms of both practical
applications and potential pitfalls. Among other things,
the newly revised rules provide both plaintiffs and class
action attorneys with the incentive of securing damages
of $500 for each TCPA violation and $1,500 for each
willful violation.
However, while the opportunity is there for recovery
from violators, another recent decision may serve to
make willing plaintiffs and their attorneys a bit more
circumspect before beginning the process of creating
classes and trying to get them certified for subsequent
litigation.
Also of note is the FCC’s recent determination that
sellers who use third-party telemarketers may still be
vicariously liable for the third parties’ violations of the
TCPA. An entity that hires a third party marketer to
promote on its behalf can still be liable for unautho-
rized conduct of that third party, “if the seller knew (or
reasonably should have known) that the telemarketer
was violating the TCPA on the seller’s behalf and the
seller failed to take effective steps within its power to
force the telemarketer to cease that conduct.”
Content of such communications is also considered
by the new rules. The revised rule does not apply to
debt collection calls or texts, unless such calls or texts
include or introduce any type of advertisement or marketing materials.
Here is a quick cheat sheet on the new rules,
courtesy of http://www.kleinmoynihan.com/publication/new-tcpa-rules-effective-october-16-2013/
New Rule: Prior express written expense
Effective: October 16, 2013
What is the new requirement? Unambiguous
written consent required before telemarketing call or
text message. Exception: Calls that are manually
dialed and do not contain a pre-recorded message are
exempt from the TCPA.
New Rule: No “established business relationship” exemption
Effective: October 16, 2013
What is the new requirement? Established business relationship no longer relieves advertisers of prior
unambiguous written consent requirement.
How courts will enforce the FCC’s new interpretation
remains to be seen. While courts are required to give
Recently, as was mentioned at the outset, there have
been some costly decisions against entities that have
chosen to either ignore the rules or remain ignorant of
them. Expensive mistake.
Most notably, Papa John’s is waiting for court
approval of its offer to pay $16.5 million to resolve a
“text spamming” nationwide class action suit that was
certified in November. The proposed settlement, which
has yet to be approved by the federal judge overseeing
the case, provides that each class member who submits
a claim will receive not only a $50 payment from Papa
John’s, but a voucher for a free Papa John’s pizza
as well.
In the meantime – while Papa John’s waits – U.S.
Magistrate Judge Stephen Riedlinger has granted
preliminary approval to another popular pepperoni
pizza purveyor, Domino’s, over similar violations of the
TCPA that occurred in Alabama, Louisiana and
Mississippi. In this case, members of the class received
prerecorded robocalls advertising…you guessed
it…pizza. As a result of the settlement, members of the
class will receive either $15 in cash or a voucher for
…you guessed it again!…a free pizza.
However, the news is not all good for would-be suers
and seekers of free pizza. The Supreme Court’s recent
decision in Comcast Corp. v. Behrend (133 S. Ct. 1426
(2013)), may dampen the enthusiasm for plaintiffs and
counsel in going after alleged TCPA violators. In short,
this case involves the eligibility of plaintiffs and the
ability and/or inability to certify a class (and has
nothing to do with the telecom portion of Comcast’s
business). However, while the Comcast decision is
likely to have a significant impact on TCPA cases going
forward, this recent decision does not affect those that
are already in the pipeline.
Class action litigation is always tricky business.
Recently, a California federal judge denied class certification in a lawsuit in which plaintiffs alleged that
Network Telephone Services, a third party violated the
TCPA by sending unsolicited text messages. According
to a document published by well-respected firm Arnold
& Porter, the court held that “the class was unascertainable and that individual issues, such as whether
class members had seen disclosures of text message
practices and whether the class member had
attempted to opt-out, predominated.”
On the other hand, a Florida judge recently strongly
rejected a reconsideration request made by a TCPA
defendant on the grounds that the Comcast decision
justified revisiting the court’s prior class certification
decision.
This class action process is fraught with risk (and
potential reward). But the bottom line is that for clients
that rely on robocalling as a marketing tool, the best
advice you can provide is for them – and you – to know
the telemarketing rules and follow them. The cost of
violating those rules, which are a bit of a moving
target, can be very high.
[B]
PAGE 13
COMMITTEES
2013–2014
Admission to the Bar
Committee
Chair: Jennifer A. Beckage
Aaron Aisen, Donald A. Alessi, Hon. Rosalie
S. Bailey, Diane F. Bosse, Tasha DandridgeRichburg, Robert M. Elardo, Mark Fanton,
Bernard B. Freedman, Daniel J. Hebert,
Andrew B. Isenberg, Kenneth A. Krajewski,
Diane M. LaVallee, Thomas R. Lochner, Daniel J. Marren, Sean
C. McPhee, Ryan Mills, David R. Pfalzgraf, Jr., Hon. Eugene F.
Pigott, Jr., Joseph M. Ralabate, Thomas M. Rizzo, Melinda R.
Saran, Daniel G. Tronolone, Stephen L. Yonaty
Board Liaison: Gregory T. Miller
Alternative Dispute
Resolution Committee
Chair: Bridget M. O’Connell
Karen M. Andolina Scott, Aparna V.
Balakrishnan, Deborah M. Barone, Howard
E. Berger, Diane F. Bosse, Michael D.
Braisted, Scott A. Bylewski, Dennis J.
Campagna, Catherine A. Carey, Deborah
J. Chadsey, J. Christine Chiriboga, Jeremy A. Colby, Douglas S.
Coppola, Douglas J. Curella, Jr., Michael P. Daumen, Gina Marie
DePrima, Elizabeth N. Ensell, Robert J. Feldman, Raymond L.
Fink, Robert Donald Finn, Ryon D. Fleming, Lynn D. Gates,
William A. Gersten, Heather A. Giambra, E. Joseph Giroux, Jr.,
Eric L. Glazer, Jerome C. Gorski, Krista Gottlieb, Samuel L.
Green, Daniel M. Griebel, Richard F. Griffin, Georgette Morphis
Hasiotis, Ann Giardina Hess, Susan S. Hogan, W. Craig James,
Frances M. Kabat, Jeffrey Kingsley, David W. Kloss, Lindy Korn,
Megan Landreth, Julie Loesch, Bruce D. McAllister, Susan M.
McClaren, Lillian Medina-Zelazny, Michael R. Moravec, Acea M.
Mosey, Paula M. Eade Newcomb, Lynnette Nogueras-Trummer,
Sharon Nosenchuck, Randolph C. Oppenheimer, Mickey H.
Osterreicher, Hon. Catherine Nugent Panepinto, Anthony C.
Parlato, Joel H. Paull, Paul D. Pearson, Sharon M. Porcellio,
Patricia H. Potts, Amber R. Poulos, Joseph L. Randazzo, Ross T.
Runfola, Joel B. Schechter, Lawrence A. Schulz, Edward J.
Schwendler, III, Jeffrey A. Sellers, E. Michael Semple, Eugene M.
Setel, Nadia N. Shahram, Christina Lana Shine, Jeffrey A.
Spencer, Daniel J. Sperrazza, Gary M. Sterman, Natalie Munoz
Stutz, Steven R. Sugarman, Judith L. Voit, Hon. Timothy J.
Walker, Kevin D. Walsh, Theresa M. Walsh, Daniel F. Webster,
James W. Whitcomb, David D. White, David W. Wilson, Hon.
Diane Y. Wray
Board Liaison: Laura C. Doolittle
Appellate Practice
Committee
Chair: Timothy P. Murphy
Joan Casilio Adams, Ryan W. Anderson,
Ellen Shanahan Becker, Matthew M. Becker,
Margot S. Bennett, Scott C. Billman, Joseph
S. Brown, Bernardine M. Butler, Ann M.
Campbell, Samuel J. Capizzi, David C.
Caywood, J. Christine Chiriboga, William D. Christ, Jeremy A.
Colby, John A. Collins, Helen Kaney Dempsey, Keliann M.
Elniski, Mark Fanton, Joshua Feinstein, Amy Archer Flaherty,
Richard D. Furlong, Robert E. Glanville, Timothy J. Graber,
Charles J. Greenberg, Jean Graziani Greinert, Shannon M.
Heneghan, Marilyn A. Hochfield, Kevin M. Hogan, Timothy W.
Hoover, Frank T. Housh, Katie M. Ireland, Andrew B. Isenberg,
Paul F. Jones, Denis A. Kitchen, Jr., Stephen R. Lamantia,
Thomas J. Lang, Brian R. Liebenow, Edward J. Markarian, Chanel
T. McCarthy, Susan C. Ministero, Kathleen G. Moriarty, James I.
Myers, Leah R. Nowotarski, David J. Pajak, Michael J. Pastrick,
Christen Archer Pierrot, Hon. Eugene F. Pigott, Jr., J. Matthew
Plunkett, Jennifer R. Scharf, Nicole D. Schreib, Jason A. Shear,
Linda Lalli Stark, Diana M. Straube, Ellen B. Sturm, Terry M.
Sugrue, Thomas P. Theophilos, Christine Dombrowski Uba, Alan
D. Voos, Jo Ann M. Wahl, Wendy Whiting, Katherine E. Wild,
Gretchen L. Wylegala, Preston L. Zarlock
Board Liaison: Michael J. Flaherty, Jr.
Banking Law Committee
Chair: Pietra G. Lettieri
Divitta M. Alexander, John P. Amershadian,
Martha M. Anderson, Sharon Prise Azurin,
Kenneth F. Barone, George F. Bellows,
James W. Bennett, Glenn J. Bobeck, Jill K.
Bond, Phillip Brothman, Charles D.J. Case,
Timothy C. Cashmore, Carrie Christy,
Diane K. Church, Roger F. Cominsky,
Douglas W. Dimitroff, Deborah A. Doxey, Elizabeth N. Ensell,
Mark Fanton, Wendy K. Fechter, Joshua P. Fleury, Horace A.
Gioia, Garry M. Graber, Victoria Lyn Grady, Timothy P. Johnson,
Thomas J. Keable, Thomas F. Keefe, Christian G. Koelbl, III, Tim
C. Loftis, Anthony D. Mancinelli, Michael P. McClain, Rosalie
A. Melisz, Roseanne J. Moran, John Mueller, Helen Osgood,
Matthew K. Pelkey, Michael A. Piette, Victoria J. Saxon, Thomas
E. Schofield, Stephen J. Schop, Timothy P. Seibold, Raymond H.
Seitz, Samuel L. Shapiro, Kathleen M. Sweet, Scott C. Vadnais,
Amy J. Vigneron, Christopher A. Walker, Mark W. Warren,
Frederick A. Wolf, Andrew D. Yusick, Edward M. Zimmerman
Board Liaison: Jeffrey F. Baase
Bylaws Committee
Chair: George F. Bellows
Nathan W.G. Berti, Garry M. Graber
CLE Advisory Committee
Chair: Peter J. Battaglia
Mary C. Baumgarten, Robert E. Knoer,
Melissa M. Morton, Bruce D. Reinoso,
Anna Marie Richmond, Bethany A. Rubin,
Hugh M. Russ, III, Brian R. Welsh
Board Liaison: Laura C. Doolittle
Commercial & Bankruptcy
Law Committee
Chair: James C. Thoman
Michael F. Barrett, Arthur G. Baumeister,
Jr., Lisa Bertino Beaser, Cheryl-Lane H.
Bechakas, James W. Bennett, Howard E.
Berger, Scott C. Billman, Richard J. Biryla,
Beth Ann Bivona, Gary Bluestein, Daniel J.
Bobbett, Glenn J. Bobeck, Alan J. Bozer, Beverley S. Braun, Carol
A. Brent, Daniel F. Brown, Lawrence C. Brown, William J. Brown,
Joel Brownstein, Hon. Carl L. Bucki, Harold P. Bulan, Scott A.
Bylewski, Earl K. Cantwell, II, Christopher A. Cardillo, Charles
D.J. Case, Marco Cercone, J. Christine Chiriboga, Diane M.
Ciurczak, Lynn A. Clarke, Catherine Grantier Cooley, Lisa A.
Coppola, William R. Crowe, Hon. John M. Curran, Paul B.
Curtin, John D’Amato, Kyle C. DiDone, Lawrence C. DiGiulio,
Jennifer M. Dillon, James D. Donathen, Brian W. Downey,
Elizabeth N. Ensell, Ann E. Evanko, Randy C. Fahs, A. Nicholas
Falkides, Mark Fanton, Bridget Marie Faso, Michael T. Feeley,
Robert J. Feldman, Gabriel J. Ferber, Raymond L. Fink, Robert
A. Fiordaliso, Joshua P. Fleury, Jeffrey M. Freedman, Thomas J.
Gaffney, Frederick J. Gawronski, Kimberly A. Georger, Robert
M. Goldstein, Krista Gottlieb, Garry M. Graber, Charles J.
Greenberg, Alvin M. Greene, Peter D. Grubea, Randy H. Gugino,
Daniel J. Hartman, George Michael Hauss, Johanna M. Healy,
Franklin W. Heller, Seth L. Hibbert, Kenneth R. Hiller, Morris L.
Horwitz, Jennifer A. Hurley, Adolph C. Iannaccone, William
Ilecki, Timothy P. Johnson, John M. Keavey, Joseph W. Keefe,
William Patrick Keefer, Jeffrey Kingsley, Denis A. Kitchen, Jr.,
Julia S. Kreher, Linda C. Laing, Michael J. Lombardo, Steven K.
Long, John Paul Luhr, Craig Lutterbein, Patricia Mancabelli,
Stephen J. McCann, Michael P. McClaren, Andrew O. Miller,
Angela Z. Miller, Matthew D. Miller, Stacey L. Moar, Albert J.
Mogavero, Julia Mombrea, John Mueller, Terrie Benson Murray,
Melissa Hancock Nickson, Deborah E. Nicosia, Elizabeth A.
Ollinick, James A. Partacz, Matthew K. Pelkey, Philip A. Perna,
Karen L. Peterson, David R. Pfalzgraf, Jr., Amy E. Polowy, Sharon
M. Porcellio, Courtney Quinn, Christopher K. Reed, Susan P.
Reinecke, Michael E. Reyen, Barbara R. Ridall, John H. Ring, III,
Charles C. Ritter, Jr., John K. Rottaris, R. Anthony Rupp, III,
Anne S. Rutland, Daniel E. Sarzynski, Bernard Schenkler, Andrea
Schillaci, Mark J. Schlant, John G. Schmidt, Jr., Lawrence A.
Schulz, Danielle E. Shainbrown, Michael R. Shannon, Jessica M.
Shvimer, Edward J. Snyder, II, Jeffrey A. Spencer, Daniel J.
Sperrazza, Thomas A. Steffan, Barry H. Sternberg, Raymond C.
Stilwell, Amber E. Storr, Heath J. Szymczak, Henry B. Tilson,
Diane R. Tiveron, Jason G. Ulatowski, Ehret A. Van Horn, Amy J.
Vigneron, Surinder K. Virk, Hon. Timothy J. Walker, Mark S.
Wallach, Mark W. Warren, Michael A. Weishaar, Steven W. Wells,
Harry E. Werner, Wallace W. Wiens, Roy L. Wixson, Tracy Sendor
Woodrow, Stephen L. Yonaty, Preston L. Zarlock, Joseph E.
Zdarsky
Board Liaison: William F. Savino
Committee for the Disabled
Chair: Lynn M. Kwon-Dzikiy
Richard G. Abbott, Arthur H. Ackerhalt,
Dawn Andres, William C. Bernhardi,
William W. Berry, Alan B. Block, Carol A.
Brent, Felice A. Brodsky, Thomas C.
Burnham, Charles D.J. Case, John J.
Christopher, Linda J. De Tine, Lydia V.
Evans, Roman J. Fontana, Jeffrey M. Freedman, Bruce A.
Goldstein, Josephine A. Greco, John J. Hannibal, Kenneth R.
Hiller, Amanda R. Jordan, Judith D. Katzenelson, Joseph W.
Keefe, Alma L. Lafferty, Ellen Lawson, Lawrence S. Lewis, Brian
R. Liebenow, Catherine I. Lynch, Giles P. Manias, H. Jeffrey
Marcus, Joseph A. Matteliano, Janet McGlone, Kathleen A.
Molloy, Jessica V. Murphy, Deborah A. Olszowka, Sharon
Anscombe Osgood, Chris E. Pashler, Melissa Pezzino, E. Peter
Pfaff, Jay C. Pletcher, Paul M. Pochepan, Courtney Quinn,
Melinda R. Saran, Barbara A. Sauer, Lewis
L. Schwartz, Marc Shatkin, Colleen A. Sloan, Robert B.
Sommerstein, Robert E. Spangenthal, Diana M. Straube, Frank R.
Vavonese, Mary E. Virginia, Elizabeth R. Wright, Marilyn Dixon
Zahm
Board Liaison: Daniel T. Lukasik
Committee on Eminent
Domain and Tax Certiorari
Chair: Michael J. Hughes
Divitta M. Alexander, Scott C. Becker,
Ronald P. Bennett, Paul J. Cieslik, Darryl
J. Colosi, William R. Crowe, Bernard B.
Freedman, William Patrick Keefer, Sabrina
M. May, Kathleen E. McMahon-Stoll, Mark
R. McNamara, Thomas M. O’Donnell, Michael F. Perley, J.
Matthew Plunkett, Katherine B. Roach, Howard S. Rosenhoch,
John K. Rottaris, Nancy W. Saia, Audrey Seeley, Maura C.
Seibold, Karen Cook Serotte, Stephen A. Sharkey, Ronald S.
Shubert, Daniel A. Spitzer, Gary M. Sterman, David L. Sweet,
Peter Allen Weinmann, Wayne D. Wisbaum, Michael G.
Wolfgang, Bruce S. Zeftel
Board Liaison: Daniel J. Marren
Committee on Veterans’
& Service-Members’
Legal Issues
Chair: Joseph D. Morath, Jr.
Co-Chair: David J. State
Modesto A. Argenio, Stephen E. Barnes,
Lydia Beebe, Dennis J. Bischof, William J.
Brennan, Thomas E. Brydges, Thomas C.
Burnham, Kelly E. Coughlin, Douglas S.
Cream, Thomas C. D’Agostino, Kathleen
Devereaux, Bryan Dolin, Sarah Duval,
Roman J. Fontana, Gordon Gannon, Jr.,
Kathleen Garvey, Ralph L. Halpern, John J.
Hannibal, Daniel J. Hebert, Jennifer
Metzger Kimura, James J. Kirisits, Lindy
Korn, Paul W. Kullman, Bruce D.
McAllister, Janet McGlone, Lillian
Medina-Zelazny, John V.(Sean) Millane, III, Charles L. Miller, II,
Mark P. Murphy, David J. Pajak, Hon. Eugene F. Pigott, Jr.,
Michael P. Quinn, Susan P. Reinecke, Anne S. Rutland, Joseph F.
Saeli, Jr., James N. Schmit, Richard B. Scott, Daniel D. Shonn, Jr.,
Nadeen C. Singh, Jennifer P. Stergion, Gregory J. Stewart, David
M. Stillwell, Ron Sutton, Mark J. Williams, Jr., Kendra E.
Winkelstein, Richard D. Yellen
Committee to Assist
Lawyers with Depression
Chair: Daniel T. Lukasik
Committee membership is confidential.
Cooperation with the
Accounting Profession &
Taxation Committee
Chair: Brad A. Birmingham
Co-Chair: Gary M. Kanaley
Jerome D. Adner, Raymond H. Barr, Paul
A. Battaglia, Nathan W.G. Berti, Gary
Bluestein, Glenn J. Bobeck, Peter F. Brady,
Stephen R. Brady, Mark E. Brand, Daniel F.
Brown, Joel Brownstein, Antonio Cardarelli,
Dennis P. Cleary, David J. Colligan,
Paul R. Comeau, Roger F. Cominsky,
John D’Amato, John P. DePaolo, Joseph N.
Endres, Anthony L. Eugeni, Robert J.
Feldman, Sharon Stern Gerstman, Garry
M. Graber, Cindy Algase Gradl, Joseph J.
Gumkowski, George Michael Hauss,
Debra Evans Hayden, Michele O. Heffernan, Bruce W. Hoover,
Jeffrey A. Human, Gregory T. Ivancic, Alice A. Joseffer, David H.
Kernan, Mark S. Klein, Pietra G. Lettieri, Allan R. Lipman, James
A. Locke, David J. Luzon, Anthony D. Mancinelli, Laura Konst
Marecki, Christopher M. Marks, Laura A. Monte, William C.
Moran, Matthew B. Morey, James M. Mucklewee, Deborah J.
Muhlbauer Weber, F. Harris Nichols, Sharon Nosenchuck,
Timothy M. O’Mara, Christopher N. Ollinick, Anthony C.
Parlato, Raymond M. Pfeiffer, Raymond P. Reichert, Lawrence
M. Ross, Arthur A. Russ, Jr., Jonathan D. Schechter, Richard
Charles Slisz, Jeffrey W. Stone, Mark L. Stulmaker, David L.
Sweet, Charles E. Telford, Cynthia E. Vance, Surinder K. Virk,
Judy N. Cuzzacrea Wagner, Marla Waiss, Wallace W. Wiens, Roy
L. Wixson, Nelson F. Zakia, Kelly V. Zarcone, Arnold N. Zelman
Board Liaison: William F. Savino
Corporation Law
Committee
Chair: Julie M. Davis
Jerome D. Adner, David H. Alexander,
Martha M. Anderson, Mark S. Aquino,
Samuel A. Ark, Sharon Prise Azurin,
PAGE 14
Thomas C. Bailey, Ronald J. Battaglia, Jr., George F. Bellows,
Monika Bhatt, Glenn J. Bobeck, Christine Bonaguide, Stephen R.
Brady, Karla Braun-Kolbe, David A. Brody, Martha Buyer,
Timothy C. Cashmore, Dennis P. Cleary, David J. Colligan, Paul
R. Comeau, Roger F. Cominsky, Richard J. Day, John M. Del
Vecchio, Anthony L. Eugeni, Ann E. Evanko, Randy C. Fahs,
Mark Fanton, Robert J. Feldman, Robert
Donald Finn, Kenneth P. Friedman, Donald N. Fries, Michael J.
Gallagher, Nancy E. Gates, Wendy D. Glauber, Herbert J. Glose,
Thomas M. Gordon, Krista Gottlieb, Cindy Algase Gradl,
Christopher T. Greene, William E. Grieshober, Jr., John J.
Hannibal, Donna Marie Hartnett, Christopher A. Head, Jeffrey
A. Human, Annabelle V. Irey, Gregory T. Ivancic, Kathryn A.
Jackson, Charles P. Jacobs, Daniel P. Joyce, Neil J. Katz, Peter G.
Klein, John J. Koeppel, Gerald L. Kohn, Alan S. Korman, Andrea
Ruta Kozlowski, Christine G. LaBarre, Jessica E. Lankford, Brian
N. Lewandowski, Tim C. Loftis, Steven K. Long, Rocco Lucente,
II, Anthony D. Mancinelli, Erika M. Marabella, William E.
Mathias, II, Russell J. Matuszak, Timothy G. McEvoy, Diane
J. McMahon, Andrew O. Miller, Ryan Mills, Laura A. Monte,
Roseanne J. Moran, William C. Moran, Matthew B. Morey,
Kathleen G. Moriarty, John A. Moscati, Jr., Acea M. Mosey,
David J. Murray, F. Harris Nichols, Gretchen M. Nichols, Mary C.
O’Connor, Sandra S. O’Loughlin, Anthony C. Parlato, Mark J.
Peszko, Raymond M. Pfeiffer, Richard C. Pohlman, Lauren D.
Rachlin, Mary Comeau Raymond, Brendan J. Rich, Steven I.
Rubinstein, David V. Sanchez, Jonathan D. Schechter, Michael
Schiavone, Gary M. Schober, Thomas E. Schofield, Stephen J.
Schop, Daniel J. Scully, Timothy P. Seibold, Jessica M. Shvimer,
Richard Charles Slisz, James W. Smyton, Edward J. Snyder, II,
Kenneth J. Sodaro, Robert D. Steinhaus, Jeffrey W. Stone,
Michael E. Storck, Charles E. Telford, Henry B. Tilson, Diane
R. Tiveron, Elizabeth M. Tommaney, Paul J. Vallone, Amy J.
Vigneron, Frederick A. Wolf, Richard D. Yellen, Kevin J. Zanner,
Arnold N. Zelman
Board Liaison: Bruce W. Hoover
Criminal Law Committee
Chair: John R. Nuchereno
Heather J. Anderson, Ryan W. Anderson,
James Quinn Auricchio, Laurie A. Baker,
Sunil Bakshi, Michael F. Barone, Matthew
M. Becker, Catherine Berchou, Robert
Berkun, Nancy J. Bizub, George Russell
Blair, Jr., Robert L. Boreanaz, Matthew Borowski, Kara A.
Buscaglia, E. Carey Cantwell, Catherine A. Carey, Hon. Kenneth
F. Case, A. Joseph Catalano, Joseph R. Connelly, William F.
Coughlin, Robert J. Croyle, Barbara J. Davies, Lawrence J.
Desiderio, Barry S. Dolgoff, Norman P. Effman, John V. Elmore,
Elizabeth N. Ensell, Thomas C. Farley, Jr., Mark G. Farrell,
Michael P. Felicetta, Timothy D. Gallagher, John M. Garrity,
Giovanni Genovese, Robert M. Goldstein, Charles J. Greenberg,
Robert H. Gurbacki, Robert B. Hallborg, Jr., John J. Hannibal,
Scott R. Hapeman, Ian M. Harrington, James P. Harrington,
Daniel J. Henry, Jr., Ann Giardina Hess, Elizabeth A. Holmes,
Timothy W. Hoover, Katie M. Ireland, Joseph T. Jarzembek,
Thomas Keane, John M. Keavey, David S. Kelly, Michael T. Kelly,
Sean Patrick Kelly, Daniel M. Killelea, Michael H. Kooshoian,
Peter M Kooshoian, Sr., Peter Matthew Kooshoian, Joshua
Korman, Fonda Dawn Kubiak, Paul W. Kullman, Jessica Kulpit,
Joseph M. LaTona, Diane M. LaVallee, Robert D. Lonski, Andrew
C. LoTempio, Parker R. MacKay, Danielle H. Maichle, Charles J.
Marchese, Jeffrey P. Markello, Philip M. Marshall, Hon. Amy C.
Martoche, Cheryl Meyers-Buth, John V.(Sean) Millane, III, Ryan
Mills, Susan C. Ministero, Michael M. Mohun, Richard J.
Morrisroe, Timothy P. Murphy, Ann M. Nichols, Sharon
Nosenchuck, Leah R. Nowotarski, John R. Nuchereno, David J.
Pajak, Brittanylee Penberthy, Rodney O. Personius, Mark J.
Peszko, David W. Polak, Amber R. Poulos, Patrick J. Quinlivan,
Michael Anthony Rossi, Nicholas Michael Rossi, Salvatore T.
Sanfilippo, Dominic Saraceno, David S. Sarkovics, Claudia S.
Schultz, Harvey F. Siegel, David K. Silverberg, Joseph F.
Sinkewicz, Jr., Robert B. Sommerstein, Kevin W. Spitler, Robert
D. Steinhaus, Douglas P. Stiller, Natalie Munoz Stutz, Joseph J.
Terranova, Francis W. Tesseyman, Jr., Phillip A. Thielman,
Patricia J. Thompson, David P. Todaro, Fritz Gerald Tondreau,
Delrease T. Tota-Neal, Daniel G. Tronolone, Emily Trott, Ayoka
Tucker, Lana V. Tupchik, Christine Dombrowski Uba, Mark R.
Uba, Denis J. Uminski, Norman B. Viti, Jr., Candace K. Vogel,
Wendy Whiting, Kevin R. Wolf, Lisa M. Yaeger, Howard L. Yood
Board Liaison: Brian M. Melber
Elder Law Committee
Chair: Jillian E. Brevorka
George S. Adamson, David H. Alexander,
Ashley M. Arcangeli, Modesto A. Argenio,
Christina H. Arthurs, Joseph M. Augustine,
Brian D. Baird, Beata Banas, Deborah M.
Barone, Noel E. Bartlo, Holly Adams
Beecher, Charles Beinhauer, Margot S. Bennett, William W.
Berry, Nathan W.G. Berti, David W. Beyer, Richard J. Biryla,
Jacqueline M. Blackley, Stephen R. Brady,
John G. Brenon, Timothy P. Bridge, Felice A. Brodsky, Phillip
Brothman, Gordon M. Brown, Joel Brownstein, D. Jeffrey
Buckley, Edward J. Carland, Deborah Carr-Hoagland, Jerome D.
Carrel, Katherine E. Cauley, Anthony F. Cerrone, Peter L. Costa,
Kelly E. Coughlin, Victoria L. D’Angelo, William H. Daetsch,
John P. Dee, Jennifer M. Dillon, Sarah Duval, Gayle L. Eagan,
Susan J. Egloff, Patrick L. Emmerling, Aaron J. Felmet, Helen
Ferraro-Zaffram, Mark A. Forden, Claire H. Fortin, Robert
Friedman, Donald N. Fries, Sue S. Gardner, Henry D. Gartner,
Patricia A. George, Joseph F. Gervase, Jr., Herbert J. Glose,
Krista Gottlieb, Cindy Algase Gradl, Gerald J. Greenan, John J.
Hannibal, William D. Harrington, Paul Michael Hassett, George
Michael Hauss, Tina M. Hawthorne, Denise A. Herman, Ann
Giardina Hess, Andrew C. Hilton, III, Kathryn A. Jackson, Robert
I. Jadd, David V. Jaworski, Craig H. Johnson, E. Thomas Jones,
Tara N. Kamble, Judith D. Katzenelson, Jennifer A. Kelleher,
Thomas J. Kelly, Denis A. Kitchen, Jr., Thomas G. Kobus, Peter M
Kooshoian, Sr., Joshua Korman, Eleanor T. Kubiniec, Paul W.
Kullman, Lynn M. Kwon-Dzikiy, Alma L. Lafferty, Carolyn E.
Leed, Catherine West Lefko, Richard J. Lehner, John F. Leone,
Michael J. Lombardo, Leonard G. London, Ralph C. Lorigo,
Daniel T. Lukasik, David J. Luzon, Scott R. MacPherson, Robert
L. Marinelli, Christopher M. Marks, Mary Kennedy Martin,
Peter J. Martin, Brenda A. Mattar, Norman J. Mattar, Sean R.
McDermott, Lisa McDougall, Lindsay M. McKenna, Bonnie A.
McLaughlin, Lillian Medina-Zelazny, Peter P. Melin, Laurie L.
Menzies, Craig L. Miller, Terence W. Miller, Ryan Mills, Rebecca
E. Monte, William C. Moran, Richard H. Murphy, Terrie Benson
Murray, Sue Dealy Murszewski, James I. Myers, Dawn M.
Myszka, Cindy P. Navarro, Karen L. Nicolson, Timothy M.
O’Mara, Elizabeth A. Ollinick, Anthony C. Parlato, Chris E.
Pashler, Seeta Persaud, Raymond M. Pfeiffer, Gregory A. Pope,
Samuel P. Puleo, Michael Pysz, Joseph M. Ralabate, Bruce D.
Reinoso, Jay W. Ricketts, George E. Riedel, Jr., Patrick Rimar,
Thomas M. Rizzo, Edward C. Robinson, Mary Engler Roche,
Richard P. Rosso, Michael J. Ryan, Nancy W. Saia, Marlin B.
Salmon, Barbara A. Schaus, Richard M. Schaus, Jonathan D.
Schechter, Geralyn A. Schiffler, William D. Schulz, Lawrence R.
Schwach, Lewis L. Schwartz, Edward J. Schwendler, Jr., Richard
G. Schwind, Michael R. Shannon, Samuel L. Shapiro, Daniel
D. Shonn, Jr., Myron M. Siegel, Robert G. Sillars, Stephen R.
Silverstein, Richard Charles Slisz, Jamie M. Smith, Daniel L.
Smolarek, Christopher J. Smolka, John C. Spitzmiller, Thomas
A. Steffan, Fritz Gerald Tondreau, Lisa A. Valvo, Cynthia E.
Vance, Candace K. Vogel, Judith L. Voit, Judy N. Cuzzacrea
Wagner, Mark R. Walling, Michael A. Wargula, Mary Ann E.
Wiater, David W. Wilson, Peter C. Wiltse, Gary J. Wojtan,
Laurence H. Woodward, Elizabeth R. Wright, Richard D. Yellen,
Kelly V. Zarcone, Arnold N. Zelman
Board Liaison: Edward J. Markarian
Environmental Law
Committee
Chair: Jeffrey C. Stravino
Peter J. Battaglia, Robert L. Besanceney,
David A. Brody, Christopher A. Cardillo,
Hugh C. Carlin, Deborah J. Chadsey, Paul
J. Cieslik, Matthew Clabeaux, Patricia M.
Costanzo, Dannine M. Consoli, Jennifer Dougherty, William A.
Evans, III, David P. Flynn, Robert E. Glanville, James W.
Gormley, Morgan G. Graham, Charles D. Grieco, Dennis P.
Harkawik, Michael Hecker, David M. Hehr, Kevin M. Hogan,
Paul F. Jones, Frances M. Kabat, Robert E. Knoer, John T. Kolaga,
Alma L. Lafferty, James L. Magavern, Charles C. Martorana,
Chanel T. McCarthy, Rebecca McCauley, Sean R. McDermott,
Harry G. Meyer, Richard A. Moore, Sandra A. Nasca, Anthony
M. Nosek, Mark J. Peszko, Lauren D. Rachlin, Mary Comeau
Raymond, Steven J. Ricca, Alicia C. Rood, Randy C. Rucinski,
Peter G. Ruppar, Barbara L. Schifeling, Elsa J. Schmidt, Nicholas
L. Schmitt, Audrey Seeley, Daniel A. Spitzer, Charles E. Telford,
George S. Van Nest, Peter P. Vasilion, Hon. Timothy J. Walker,
Adam S. Walters, A. Timothy Webster, J. Joseph Wilder
Board Liaison: Laurie Styka Bloom
Federal Practice Committee
Chair: Timothy J. Graber
John E. Abeel, Hedwig M. Auletta, James
Quinn Auricchio, Mary C. Baumgarten,
Matthew M. Becker, Margot S. Bennett,
Leonard Berkowitz, Beth Ann Bivona,
Robert L. Boreanaz, Diane F. Bosse, Alan J.
Bozer, Michael A. Brady, Carol A. Brent,
Bernardine M. Butler, E. Carey Cantwell, Earl K. Cantwell, II,
Christopher A. Cardillo, Shawn W. Carey, Hugh C. Carlin,
Charles S. Carra, Michael M. Chelus, J. Christine Chiriboga,
William D. Christ, Jeremy A. Colby, Robert B. Conklin, Kevin J.
Cross, Megan Misiti Cumbo, Linda J. De Tine, R. Scott DeLuca,
Patrick John Donoghue, Robert A. Doren, Dean M. Drew,
Bridget Marie Faso, William M. Feigenbaum, Noemi Fernandez,
Brian P. Fitzgerald, Andrew P. Fleming, Daniel P. Forsyth,
Richard D. Furlong, Thomas Gaffney, Robert E. Glanville, James
W. Grable, Jr., Wayne R. Gradl, Sheila G. Graziano, Leslie Mark
Greenbaum, Daniel M. Griebel, Scott R. Hapeman, David R.
Hayes, Judy Sager Hernandez, Marilyn A. Hochfield, Kevin M.
Hogan, Timothy W. Hoover, Frank T. Housh, Katie M. Ireland,
Colleen O’Connell Jancevski, Paul F. Jones, Thomas P. Kawalec,
Kevin M. Kearney, Sean Patrick Kelly, Peter Matthew Kooshoian,
Lindy Korn, Lynn M. Kwon-Dzikiy, Christine G. LaBarre,
Thomas S. Lane, J. Michael Lennon, II, Brian R. Liebenow, Laura
Ann Linneball, Daniel T. Lukasik, Kathleen Ann Lynch, Hon.
Amy C. Martoche, Rebecca McCauley, Michael P. McClaren,
Susan M. McClaren, Sean C. McPhee, Brian M. Melber, Cheryl
Meyers-Buth, Charles L. Miller, II, Mark A. Molloy, Julia
Mombrea, Harry F. Mooney, James J. Navagh, Melissa Hancock
Nickson, Sharon Nosenchuck, David J. Pajak, Matthew A.
Parham, Susan Burch Parzymieso, Michael J. Pastrick, Nelson
Perel, Paul I. Perlman, Rodney O. Personius, E. Peter Pfaff,
Sharon M. Porcellio, Willard M. Pottle, Jr., Michael B. Powers,
Lawlor F. Quinlan, III, Colin D. Ramsey, Mary (Molly) K. Roach,
Michael J. Roach, Diane M. Perri Roberts, Michael J. Roemer,
James J. Rooney, William F. Savino, Mark J. Schaefer, Andrea
Schillaci, John G. Schmidt, Jr., William C. Schoellkopf, Ginger D.
Schroder, Eric W. Schultz, Lawrence A. Schulz, Kathleen M.
Sellers, Leonardo D. Sette-Camara, Stanley J. Sliwa, Lisa L. Smith,
Diana M. Straube, Jeffrey C. Stravino, Eugene C. Tenney,
Francisco G. Torres, Jr., Lana V. Tupchik, Christine Dombrowski
Uba, Mark R. Uba, Charles von Simson, Hon. Timothy J. Walker,
Cory J. Weber, John J. Weinholtz, Robert C. Weissflach, James W.
Whitcomb, Kevin P. Wicka, J. Joseph Wilder, Thomas S. Wiswall,
Gretchen L. Wylegala, Preston L. Zarlock
Board Liaison: Jeffrey F. Baase
Health Care Law Committee
Chair: William Patrick Keefer
Carrie Adamczyk, RN, George S. Adamson,
Ashley M. Arcangeli, Sharon Prise Azurin,
Janice A. Barber, Margot S. Bennett, Susan
A. Benz, Jacqueline M. Blackley, Daniel J.
Bobbett, Mark E. Brand, Sally Broad, T.
Alan Brown, Ann M. Campbell, Alana P.
Carr, Laurie Boreanaz Carra, Frederick B. Cohen, John DeFazio,
Lawrence C. DiGiulio, Sarah Duval, Elizabeth N. Ensell, Amy
Archer Flaherty, Sandra Friedfertig, Chester J. Gary, Herbert J.
Glose, Bruce A. Goldstein, James W. Gormley, Daniel M. Griebel,
J. Mark Gruber, Marianne E. Hanley, John J. Hannibal, Scott
R. Hapeman, Mary Jo Herrscher, Bernadette Hoppe, Renata
Kowalczuk, Christine G. LaBarre, Linda C. Laing, Laura Ann
Linneball, Stephen A. Manuele, Linda J. Marsh, Joseph V.
McCarthy, Lisa McDougall, Virginia C. McEldowney, Lillian
Medina-Zelazny, Carolyn Messana-Morrow, Daniel J. Michalek,
Joseph G. Moreno, James M. Mucklewee, Penny Martin
Munschauer, David J. Murray, Dawn M. Myszka, James J.
Navagh, Karen L. Nicolson, Lynnette Nogueras-Trummer,
Charles R. Notaro, Mary C. O’Connor, Michelle Parker, Joel
H. Paull, Susan M. Piver, Christopher D. Porter, Cheryl A.
Possenti, Mary Comeau Raymond, Diane L. Reboy MS, RN,
LNCC, F-ABFN, Kathleen M. Reilly, Bruce D. Reinoso, Aven
Rennie, Michael J. Roach, Meghann N. Roehl, Sharyn G. Rogers,
Marylou Kathryn Roshia, Lawrence M. Ross, Steven I.
Rubinstein, Jennifer R. Scharf, Barbara L. Schifeling, Iris B.
Schifeling, Daniel J. Scully, Maura C. Seibold, Michael B. Sexton,
Carmen L. Snell, Kenneth J. Sodaro, Gary M. Sterman, Joseph
A. Stoeckl, Susan Bring Tobe, Christine A. Trojan, BSN, RN,
LNCC, Karen D. Tunis-Manny, Christine Dombrowski Uba,
Lisa A. Valvo, Surinder K. Virk, Francis P. Weimer, Cynthia
Wojciechowski, Richard D. Yellen, Kelly V. Zarcone
Board Liaison: Regina A. Del Vecchio
Human Rights Committee
Chair: Sophie Feal
Ryan W. Anderson, Aparna V. Balakrishnan,
Holly Baum, Alan J. Bozer, Emma L.
Buckthal, Diane M. Ciurczak, Dannine M.
Consoli, Paul B. Curtin, James A. Davis,
John DeFazio, Carol A. Farrar, Kimberly A.
Georger, Charles J. Greenberg, Daniel M.
Griebel, Marilyn A. Hochfield, Anne E. Joynt, Minryu (Sarah)
Kim, John N. Lipsitz, Bruce D. McAllister, Paige Rizzo Mecca,
Sharon Nosenchuck, Matthew A. Parham, Seeta Persaud,
Margaret L. Phillips, Richard J. Rosche, Melissa Sanchez, Joseph
E. Schneider, Leonardo D. Sette-Camara, Patricia J. Thompson,
Jeffrey Weiss
Board Liaison: Marianne Mariano
Insurance Plans Committee
Chair: Andrew D. Merrick
Jerome D. Carrel, Joseph A. Matteliano,
Joel H. Paull
Intellectual Property,
Computer & Entertainment
Law Committee
Chair: Charles van Ee
Kenneth W. Africano, Robert C. Atkinson,
Michael J. Berchou, Monika Bhatt, Stephen
R. Brady, Martha Buyer, Catherine A. Carey, Michael F. Chelus,
Michael M. Chelus, Stephanie A. Cole, Patricia M. Costanzo,
John DeFazio, Anne F. Downey, Esther G. Eagan, William A.
Evans, III, Randy C. Fahs, Kenneth J. Farrell, William M.
Feigenbaum, Robert Donald Finn, Steven Fox, Cindy Algase
Gradl, Leslie Mark Greenbaum, Charles J. Greenberg, Tara HartNova, Annabelle V. Irey, Daniel P. Joyce, Alan S. Korman,
C. Richard Lohrman, Michael E. Marszalkowski, Bruce D.
McAllister, Kevin D. McCarthy, Lillian Medina-Zelazny, Rosalie
A. Melisz, Laura A. Monte, John A. Moscati, Jr., Lisa M. Mueller,
Terrie Benson Murray, Lynnette Nogueras-Trummer, Paul I.
Perlman, Barbara Ann Piazza, Gregory A. Pope, David L.
Principe, Sallie G. Randolph, Aven Rennie, Gary M. Schober,
Stuart B. Shapiro, Ellen Swartz Simpson, Robert P. Simpson,
Margaret Lillis Snajczuk, George L. Snyder, Jr., Robert E.
Spangenthal, Rebecca M. Stadler, Michael E. Storck, Charles
Craig Swanekamp, John C. Thompson, Sarah E. Tollner,
Elizabeth M. Tommaney, James M. VanDette, Charles von
Simson, Jordan L. Walbesser, Stacy K. Wright, Arnold N. Zelman
Board Liaison: Frank LoTempio, III
International Law
Committee
Chair: John J. Keenan
Aaron Aisen, Gretchen P. Aylward, Elizabeth
M. Bergen, Monika Bhatt, Christine
Bonaguide, Marc W. Brown, Elizabeth
K. Buscaglia, Patricia S. Ciccarelli, Paul B.
Curtin, Steven P. Curvin, Richard J. Day, John M. Del Vecchio,
Regina A. Del Vecchio, Benjamin R. Dwyer, Sophie Feal, Matthew
S. Feldman, Jean E. Gittler, Nicole Graci, Thomas P. Kawalec,
Renata Kowalczuk, Jeffrey S. Krajewski, Stephen R. Lamantia,
Tehsheng (Abby) Ma, Giles P. Manias, Patrick D. McCarthy,
Timothy P. Murphy, Sharon Nosenchuck, Hon. Michael
Pietruszka, Lauren D. Rachlin, R. Anthony Rupp, III, Manik J.
Saini, Joseph E. Schneider, Henry B. Tilson,
Kelly V. Zarcone
Judges’ Committee
Chair: Hon. Patrick H. NeMoyer
Hon. Tracey A. Bannister, Laurie Styka
Bloom, Hon. Carl L. Bucki, Hon.
Christopher J. Burns, Hon. Russell P.
Buscaglia, Joseph J. Cassata, Hon. Kevin
M. Dillon, Mark G. Farrell, Hon. Paula L.
Feroleto, Hon. Joseph R. Glownia, Jerome C. Gorski, Hon.
Deborah A. Haendiges, John P. Lane, Hon. Frederick J. Marshall,
PAGE 15
Hon. John F. O’Donnell, Hon. Erin M. Peradotto, Hon. Eugene F.
Pigott, Jr., Hon. Donna M. Siwek, Jeffrey F. Voelkl, Hon. Timothy
J. Walker, Hon. Gerald J. Whalen
Judiciary Committee
Chair: William J. Kita
Jeffrey F. Baase, Rebecca H. Baritot, Jill K.
Bond, Michele A. Brown, Carol A. Condon,
Lawrence C. DiGiulio, Thomas J. Drury,
Joseph W. Dunbar, Kevin J. English, Lynn D.
Gates, Carol White Gibson, Robert M.
Goldstein, Joseph M. Hanna, Nicholas W.
Hicks, Thomas P. Kawalec, Daniel M. Killelea, J. Patrick Lennon,
Patrick J. Maloney, Elizabeth M. Midgley, Gregory T. Miller,
Melissa M. Morton, Gregory V. Pajak, Kathleen M. Reilly, Nancy
W. Saia, E. Michael Semple, Diane R. Tiveron, Ayoka Tucker,
Brian J. Weidner
Board Liaison: Laurie Styka Bloom
Justice Courts Committee
Chair: Jeffrey P. Markello
Mark A. Adrian, Thomas E. Andruschat,
James Quinn Auricchio, Catherine Berchou,
Nancy J. Bizub, George Russell Blair, Jr.,
Hon. M. William Boller, R. Colin Campbell,
Mary Giallanza Carney, Deborah CarrHoagland, Hon. John M. Curran, Mark
G. Farrell, Robert Friedman, Gerald P. Gorman, Daniel P. Grasso,
J. Mark Gruber, John J. Gruber, Ian M. Harrington, Elizabeth A.
Holmes, Thomas Keane, John M. Keavey, Sean Patrick Kelly,
Jeffrey Kingsley, Robert D. Lonski, Ralph C. Lorigo, Frank
LoTempio, III, Sam Maislin, Joan E. Maloney, Patrick J. Maloney,
Brenda A. Mattar, Alan P. McCracken, Peter P. Melin, Cheryl
Meyers-Buth, Mark A. Montour, Michael L. Munley, Sharon
Nosenchuck, David J. Pajak, Beth A. Parlato, Wallace C.
Piotrowski, David W. Polak, Melissa Potzler, Michael B. Powers,
Joseph L. Randazzo, David S. Sarkovics, Richard M. Schaus,
Claudia S. Schultz, Eric W. Schultz, David K. Silverberg, Joseph F.
Sinkewicz, Jr., Francis W. Tesseyman, Jr., Ayoka Tucker, Lana V.
Tupchik, Denis J. Uminski, Peter P. Vasilion, Jeffrey F. Voelkl,
William A. Waible, Henry S. Wick, Wallace W. Wiens, Edward M.
Zimmerman
Board Liaison: Frank LoTempio III
Labor Law Committee
Chair: Heather A. Giambra
Ryan W. Anderson, Modesto A. Argenio,
Rachel S. Baldassaro, Ellen Shanahan
Becker, Elizabeth M. Bergen, Rosemary
Gavigan Bis, Daniel J. Bobbett, Robert L.
Boreanaz, Joseph S. Brown, Thomas E.
Brydges, Dennis J. Campagna, Earl K.
Cantwell, II, Hugh C. Carlin, Elizabeth D.
Carlson, Charles S. Carra, R. Scott DeLuca, Gina Marie DePrima,
Lisa M. Diaz-Ordaz, Melinda G. Disare, James P. Domagalski,
James D. Donathen, Robert A. Doren, Rosemary Enright, Ann E.
Evanko, Randy C. Fahs, Andrew P. Fleming, Daniel P. Forsyth,
Richard D. Furlong, Jerry A. Gambino, Nancy E. Gates, Kimberly
A. Georger, E. Joseph Giroux, Jr., Wendy D. Glauber, Peter C.
Godfrey, Krista Gottlieb, Wayne R. Gradl, William E. Grande,
James R. Grasso, Thomas N. Graziani, Josephine A. Greco,
Margaret P. Gryko, David E. Hall, John J. Hannibal, Robert P.
Heary, Judy Sager Hernandez, Marilyn A. Hochfield, Scott P.
Horton, Colleen O’Connell Jancevski, Susan S. Johnson, Thomas
P. Kawalec, Thomas Keane, Thomas G. Kobus, Alan S. Korman,
Lindy Korn, Christine G. LaBarre, Megan Landreth, Steven K.
Long, Tracie L. Lopardi, Susan M. McClaren, Ryan Mills, Vincent
M. Miranda, Stacey L. Moar, Mark A. Moldenhauer, Michael R.
Moravec, Mark Morgan, Sarah J. Mugel, James I. Myers, Kathleen
E. O’Hara, Timothy M. O’Mara, Randall M. Odza, Laurence B.
Oppenheimer, Randolph C. Oppenheimer, Patricia Ann Pancoe,
Seeta Persaud, E. Peter Pfaff, Edward G. Piwowarczyk, Joel M.
Poch, Christopher D. Porter, Joseph L. Randazzo, Robert J.
Reden, Anna Marie Richmond, Amy Habib Rittling, Diane M.
Perri Roberts, James J. Rooney, Randy C. Rucinski, Joseph F.
Saeli, Jr., Andrea L. Sammarco, Tracy Dale Sammarco, Melissa
Sanchez, Harvey P. Sanders, David S. Sarkovics, James N. Schmit,
Ginger D. Schroder, Claire T. Sellers, Scott H. Silverberg,
Anne Smith Simet, Marnie E. Smith, Carmen L. Snell, Kenneth
J. Sodaro, Terry M. Sugrue, Sarah E. Tollner, Francisco G.
Torres, Jr., Theresa M. Walsh, Jeffrey Weiss, Paul D. Weiss,
Robert C. Weissflach, Kristin Klein Wheaton, Kevin P. Wicka,
Richard D. Yellen
Board Liaison: Brian M. Melber
Lawyer Referral & Information Service
Chair: Robert A. Fiordaliso
Andrew P. Fleming, Alvin M. Greene, Robert H. Gurbacki,
Lawrence S. Lewis, Christopher J. O’Brien, David J. Pajak,
Mark J. Peszko, Edward J. Snyder, Roy L. Wixson
Matrimonial & Family
Law Committee
Chair: Michelle Schwach Miecznikowski
Joan Casilio Adams, Cheryl A. Aloi, John J.
Aman, Nicholas P. Amigone, III, Karen M.
Andolina Scott, Grace Marie Ange, Thomas
M. Ansuini, Sara L. Anthis, Kristin Langdon
Arcuri, Joseph M. Augustine, Hon. Rosalie
S. Bailey, Sunil Bakshi, Aparna V. Balakrishnan, Joseph C. Bania,
Hon. Tracey A. Bannister, Rebecca H. Baritot, Michael F. Barone,
Michael F. Barrett, Holly Baum, Ruth E. Baum, Sheldon B.
Benatovich, David A. Bernsohn, Katherine J. Bestine, Nancy J.
Bizub, Diana M. Boccio, Christopher J. Brechtel, Bryan G.
Brockway, Gordon M. Brown, Michele A. Brown, Joel
Brownstein, Hon. Paul G. Buchanan, Eugene Vincent Burke,
Kara A. Buscaglia, Thomas E. Butler, Emil J. Cappelli, Mary
Giallanza Carney, Deborah Carr-Hoagland, Hon. Kevin M.
Carter, Thomas R. Cassano, Donna M. Castiglione, Melissa A.
Cavagnaro, Michelle G. Chaas, Michael J. Chmiel, Ronald M.
Cinelli, Diane M. Ciurczak, Jamie L. Codjovi, Emilio Colaiacovo,
Michael W. Cole, Susan B. Collins, Carol A. Condon, Kimberly S.
Conidi, Mary Anne Connell, Joseph R. Connelly, Carrie L.
Conrad, Dannine M. Consoli, Peter L. Costa, Kathleen A.
Crowley, Robert J. Croyle, Megan Misiti Cumbo, Douglas J.
Curella, Jr., Roger T. Davison, Julie Ann Dee, James C. DeMarco,
III, Gina Marie DePrima, Lawrence J. Desiderio, Kathleen
Devereaux, Sheila Sullivan Dickinson, Noralyn A. Dillon, Linda
M. DiPasquale, Elizabeth M. DiPirro, Cecile Mathis Dorliae, John
B. Elliott, Laura J. Emerson, Julie Falvey, Noemi Fernandez, Kelly
A. Feron, Peter J. Fiorella, Jr., Jennifer G. Flannery, Roman J.
Fontana, David H. Frech, Jr., Bernard B. Freedman, Maryann
Saccomando Freedman, Richard J. Friedman, Jr., Thomas J.
Gaffney, Eugene M. Gaughan, Stuart A. Gellman, Giovanni
Genovese, Richard H. Gordon, Daniel P. Grasso, Sheila G.
Graziano, Alvin M. Greene, Steven H. Grocott, Hon. Deborah A.
Haendiges, Tracy Scott Harrienger, James P. Harrington,
Georgette Morphis Hasiotis, Donna L. Haslinger, Tina M.
Hawthorne, Daniel J. Hebert, Ann Giardina Hess, Michael B.
Hilburger, Hollis M. Hite, Susan S. Hogan, Bernadette Hoppe,
Joseph T. Jarzembek, David V. Jaworski, Hope R. Jay, Keith I.
Kadish, Allan H. Kaminsky, Tracey A. Kassman, Eileen Katz,
Amanda J. Kelly, Sean Patrick Kelly, Barbara A. Kilbridge, Denis
A. Kitchen, Jr., Anna M. Kobialka, Carl B. Kustell, Thomas S.
Labin, Alma L. Lafferty, Frederick M. Lang, Richard J. Lehner,
Marilyn E. Lew, Howard S. Lipman, Ashley J. Litwin, Thomas R.
Lochner, Julie Loesch, William A. Long, Jr., Frank J. Longo, Joan
E. Maloney, Jeffrey C. Mannillo, Charles J. Marchese, Jeffrey P.
Markello, Mia McFarlane Markello, Mindy L. Marranca, Philip
M. Marshall, Christopher S. Mattingly, Suzanne M. Maxwell,
Maureen A. McCready, Sean R. McDermott, Pamela M.
McGorry, Rachel Kranitz McPhee, Paige Rizzo Mecca, Lillian
Medina-Zelazny, Royston Mendonza, Charles A. Messina,
Raymond T. Miles, III, John V.(Sean) Millane, III, Keith A.
Morgenheim, Lynn A. Murphy, Eric C. Naegely, Catherine E.
Nagel, Hon. Patrick H. NeMoyer, Pamela L. Neubeck, Heather E.
Nikiel, Sharon Nosenchuck, Leah R. Nuchereno, Bridget M.
O’Connell, Hon. John F. O’Donnell, Patrick C. O’Reilly, Evelyne
A. O’Sullivan, Kenneth A. Olena, Sharon Anscombe Osgood,
Mickey H. Osterreicher, David J. Pajak, Thomas Allan Palmer,
Hon. Catherine Nugent Panepinto, Beth A. Parlato, Paul D.
Pearson, Hon. Erin M. Peradotto, Karen L. Peterson, Raymond
M. Pfeiffer, Robyn G. Pharr, Hon. Eugene F. Pigott, Jr., Becky
Marie Powell, Shari Jo Reich, Amber R. Poulos, Susan P.
Reinecke, James P. Renda, Jay W. Ricketts, Katherine B. Roach,
Hon. Lisa Bloch Rodwin, Julie Atti Rogers, Janice M. Rosa,
Richard J. Rosche, Maria R. Rosciglione, Michael Anthony Rossi,
Nicholas Michael Rossi, Debra C. Rougeux, Ross T. Runfola,
Judith E. Samber, David V. Sanchez, Salvatore T. Sanfilippo,
Dominic Saraceno, David S. Sarkovics, Christine Saturnino,
Barbara A. Sauer, Barbara A. Schaus, Richard M. Schaus, Kevin
Patrick Shelby, Christina Lana Shine, David A. Siegel, Harvey F.
Siegel, David K. Silverberg, Michael S. Simon, Hon. Donna M.
Siwek, Mary L. Slisz, Richard Charles Slisz, Edward J. Snyder,
Robert B. Sommerstein, John E. Spadafora, Jeffrey A. Spencer,
Daniel J. Sperrazza, Linda Lalli Stark, Thomas A. Steffan, Robert
S. Stephenson, Diana M. Straube, Natalie Munoz Stutz, Steven
R. Sugarman, Francis W. Tesseyman, Jr., Pamela H. Thibodeau,
Patricia J. Thompson, Fritz Gerald Tondreau, Delrease T.
Tota-Neal, Hon. Sharon S. Townsend, John L. Trigilio, Deanne
M. Tripi, Daniel G. Tronolone, Hon. Shirley Troutman, Shelley A.
Truex, Ayoka Tucker, Lana V. Tupchik, Lisa A. Valvo, Paul A.
Vance, Catharine M. Venzon, Jessica L. Vesper, Christine Vogel,
Judith L. Voit, Deborah A. Walker-DeWitt, Dennis E. Ward, Joan
Warren, Pieter G. Weinrieb, Brian R. Welsh, David D. White,
Justin S. White, Wendy Whiting, Wallace W. Wiens, David W.
Wilson, Hon. Diane Y. Wray, Jeri N. Wright, Howard L. Yood,
Nelson F. Zakia, Kelly V. Zarcone
Municipal & School Law
Committee
Chair: Michael B. Risman
Donald A. Alessi, Thomas E. Andruschat,
Mark S. Aquino, Deborah M. Barone,
Steven B. Bengart, Ronald P. Bennett,
Rosemary Gavigan Bis, Richard G. Boehm,
Phillip Brothman, Craig R. Bucki, Scott A.
Bylewski, John J. Christopher, Jamie L. Codjovi, Jeremy A. Colby,
Ryan P. Crawford, Douglas W. Dimitroff, James P. Domagalski,
Richard B. Dopkins, John V. Elmore, Mark Fanton, David A.
Farmelo, Robert J. Feldman, Andrew J. Freedman, Bernard B.
Freedman, Robert Friedman, Carmen J. Gentile, Heather A.
Giambra, Herbert J. Glose, Peter C. Godfrey, Thomas N.
Graziani, Susan J. Grelick, Debra Evans Hayden, David R. Hayes,
Arthur A. Herdzik, David A. Hoover, Craig H. Johnson, E.
Thomas Jones, Karl W. Kristoff, Brian R. Liebenow, Kevin Loftus,
Jr., Tracie L. Lopardi, James L. Magavern, Patrick E. Martin,
Shawn P. Martin, Charles C. Martorana, Joseph A. Matteliano,
Patrick D. McCarthy, Michael P. McClaren, Ryan Mills, Patricia
Ann Pancoe, Susan Burch Parzymieso, Michael F. Perley, J.
Matthew Plunkett, Andrea L. Sammarco, David S. Sarkovics,
Richard M. Schaus, James N. Schmit, Leonardo D. Sette-Camara,
Ronald S. Shubert, Colleen A. Sloan, Marnie E. Smith, Ryan
G. Smith, Stephen M. Sorrels, Daniel A. Spitzer, Robert D.
Steinhaus, Jeffrey W. Stone, Paul J. Suozzi, Chris G. Trapp,
William J. Trask, Sr., Peter P. Vasilion, Amy J. Vigneron, Robert
G. Walsh, Peter Allen Weinmann, Jeffrey Weiss, Brian D. White,
Frederick A. Wolf
Negligence Committee
Chair: Kathleen M. Reilly
Richard G. Abbott, John E. Abeel, Timothy
J. Andruschat, Daniel R. Archilla, Jeffrey
F. Baase, Sunil Bakshi, Janice A. Barber,
Richard J. Barnes, Philip C. Barth, III,
Matthew M. Becker, Paul Becker, Scott C.
Becker, Laurence D. Behr, Catherine BeltzFoley, Paul A. Bender, Joseph R. Bergen,
Howard E. Berger, Robert Berkun, Dennis J. Bischof, Scott Bizub,
David M. Block, Daniel J. Bobbett, Diane F. Bosse, Stephen Boyd,
Peter F. Brady, Michael D. Braisted, Michele Ann Braun, Patrick J.
Brown, T. Alan Brown, Hon. Paul G. Buchanan, Ann M.
Campbell, John F. Canale, Mark H. Cantor, Christopher A.
Cardillo, Shawn W. Carey, David C. Caywood, Marco Cercone,
Roland M. Cercone, Michael F. Chelus, Michael M. Chelus, J.
Christine Chiriboga, Michael J. Chmiel, William D. Christ,
Patricia S. Ciccarelli, Stephen C. Ciocca, Howard B. Cohen,
George W. Collins, Jr., John R. Condren, Lisa A. Coppola, Megan
Misiti Cumbo, Thomas P. Cunningham, Steven P. Curvin, Tasha
Dandridge-Richburg, Michael P. Daumen, John DeFazio, Regina
A. Del Vecchio, Anthony J. DeMarie, John P. DePaolo, Patrick
John Donoghue, John R. Drexelius, Jr., Robert E. Dwyer, Boyd L.
Earl, David H. Elibol, Mark G. Farrell, David P. Feldman, Wayne
C. Felle, John P. Feroleto, Adam C. Ferrandino, Brian P.
Fitzgerald, Ryon D. Fleming, Roman J. Fontana, Bernard B.
Freedman, Jeffery D. Gangi, Lynn D. Gates, Herschel Gelber,
Carmen J. Gentile, William A. Gersten, Mark G. Giangreco,
Robert M. Goldstein, Josephine A. Greco, Thomas J. Grillo, Jr.,
Richard A. Grimm, III, J. Mark Gruber, John J. Gruber, Robert H.
Gurbacki, Michael T. Hagelin, H. Ward Hamlin, Jr., Paul F.
Hammond, John J. Hannibal, Johanna M. Healy, Katy M.
Hedges, Daniel J. Henry, Jr., Arthur A. Herdzik, Jonathan S.
Hickey, Terrence P. Higgins, Kevin M. Hogan, Hon. Michael E.
Hudson, Max Humann, Paul K. Isaac, Joseph T. Jarzembek, Peter
M. Jasen, David V. Jaworski, Kimberly Jetty, E. Thomas Jones,
Paul F. Jones, Anne E. Joynt, Richard S. Juda, Jr., Thomas P.
Kawalec, Laraine Kelley, Christopher C. Kerr, Jeffrey Kingsley,
William J. Kita, Peter Matthew Kooshoian, Renata Kowalczuk,
Kenneth A. Krajewski, Kevin J. Kruppa, Paul W. Kullman, Carl B.
Kustell, Christine G. LaBarre, John LaMancuso, Thomas S. Lane,
Kris E. Lawrence, Robert D. Leary, Lawrence S. Lewis, Brian R.
Liebenow, Laura Ann Linneball, Howard S. Lipman, Kevin
Loftus, Jr., William A. Long, Jr., John T. Loss, Daniel T. Lukasik,
Patrick J. Maloney, Stephen A. Manuele, Robert J. Maranto, Jr.,
Jeffrey P. Markello, Daniel J. Marren, Linda J. Marsh, Hon.
Frederick J. Marshall, William K. Mattar, Joseph A. Matteliano,
Mitchell M. Matusick, Bruce D. McAllister, Michael P. McClaren,
Alan P. McCracken, C. Daniel McGillicuddy, Michael P.J.
McGorry, Neil J. McKinnon, Cheryl Meyers-Buth, Daniel J.
Michalek, Elizabeth M. Midgley, Ryan Mills, Harry G. Modeas,
Jr., Roy A. Mura, Eric C. Naegely, James J. Nash, James J. Navagh,
Thomas J. Navarro, Jr., Mark S. Nemeth, Hon. Patrick H.
NeMoyer, Paula M. Eade Newcomb, Timothy G. O’Connell,
David J. Pajak, Gregory V. Pajak, Hon. Catherine Nugent
Panepinto, Marc C. Panepinto, Michelle Parker, James A. Partacz,
Anthony F. Pegnia, Jr., Brittanylee Penberthy, Hon. Erin M.
Peradotto, Mark S. Perla, David R. Pfalzgraf, Jr., Hon. Eugene F.
Pigott, Jr., David W. Polak, Christopher R. Poole, Cheryl A.
Possenti, John J. Quackenbush, Jr., Colin D. Ramsey, Michael H.
Ranzenhofer, Cheryl M. Reed, Lawrence J. Regan, Katie L. Renda,
Michael A. Riehler, Amy Habib Rittling, Katherine B. Roach,
Michael J. Roach, Meghann N. Roehl, Sharyn G. Rogers, Derek J.
Roller, Richard J. Rosche, Michael Anthony Rossi, Nicholas
Michael Rossi, R. Anthony Rupp, III, Manik J. Saini, Thomas
Santa Lucia, Dominic Saraceno, Mark J. Schaefer, Jennifer R.
Scharf, Richard M. Schaus, Daniel L. Schoenborn, Duane D.
Schoonmaker, Lawrence A. Schulz, Lawrence R. Schwach, Scott
M. Schwartz, Edward J. Schwendler, III, Michael C. Scinta, Stuart
B. Shapiro, Stephen A. Sharkey, David K. Silverberg, Stanley J.
Sliwa, Craig Z. Small, Stephen M. Sorrels, Robert D. Steinhaus,
David M. Stillwell, Howard J. Stirling, Ellen B. Sturm, Edward J.
Taublieb, Gordon D. Tresch, Daniel G. Tronolone, James M.
VanDette, James P. Verrastro, Mary E. Virginia, Norman B. Viti,
Jr., Christine Vogel, Hon. Timothy J. Walker, Theresa M. Walsh,
John J. Weinholtz, Hon. Gerald J. Whalen, James W. Whitcomb,
David D. White, Wendy Whiting, Kevin P. Wicka, J. Joseph
Wilder, Pauline C. Will, Kristen M. Wolf, Leonard D. Zaccagnino,
Preston L. Zarlock
Board Liaison: Gregory T. Miller
Practice & Procedure in
Family Court Committee
Chair: Tina M. Hawthorne
Co-Chairs: Bernadette Hoppe and
Jennifer Stergion
Joan Casilio Adams, Cheryl A. Aloi, John
J. Aman, Nicholas P. Amigone, III, Ann
Leonard Anderson, Sara L. Anthis, Kristin
Langdon Arcuri, Joseph M. Augustine, Hon.
Rosalie S. Bailey, Sunil Bakshi, Aparna V.
Balakrishnan, Joseph C. Bania, Michael F.
Barrett, Ruth E. Baum, Katherine J. Bestine,
Nancy J. Bizub, Leah A. Bouquard,
Christopher J. Brechtel, Michele A. Brown,
Hon. Paul G. Buchanan, Kara A. Buscaglia,
Emil J. Cappelli, Antonio Cardarelli,
Catherine A. Carey, Kathleen M. Carmody,
Mary Giallanza Carney, Deborah CarrHoagland, Thomas R. Cassano, Donna M.
Castiglione, A. Joseph Catalano, Melissa A.
Cavagnaro, Anthony Cervi, Michelle G.
Chaas, Elizabeth J. Ciambrone, Ronald M.
Cinelli, Diane M. Ciurczak, Jamie L.
Codjovi, Emilio Colaiacovo, Michael W.
Cole, Susan B. Collins, Elisabeth M.
Colucci, Carol A. Condon, Mary Anne Connell, Carrie L.
Conrad, Kathleen M. Contrino, Kathleen A. Crowley, Robert J.
Croyle, Megan Misiti Cumbo, Douglas J. Curella, Jr., Roger T.
Davison, Julie Ann Dee, Gina Marie DePrima, Kathleen
Devereaux, Sheila Sullivan Dickinson, Noralyn A. Dillon, Linda
M. DiPasquale, Elizabeth M. DiPirro, Cecile Mathis Dorliae,
Laura J. Emerson, Julie Falvey, Noemi Fernandez, Kelly A. Feron,
Peter J. Fiorella, Jr., David H. Frech, Jr., Brenda M. Freedman,
Maryann Saccomando Freedman, Richard J. Friedman, Jr.,
Giovanni Genovese, Richard H. Gordon, Daniel P. Grasso, Sheila
G. Graziano, Alvin M. Greene, Hon. Deborah A. Haendiges, John
J. Hannibal, Tracy Scott Harrienger, Georgette Morphis Hasiotis,
Donna L. Haslinger, Hollis M. Hite, Joseph Hodan, Susan S.
Hogan, Bernadette Hoppe, Joseph T. Jarzembek, Hope R. Jay,
Keith I. Kadish, Robert B. Kaiser, Tracey A. Kassman, Eileen Katz,
John M. Keavey, Amanda J. Kelly, Sean Patrick Kelly, Denis A.
Kitchen, Jr., Anna M. Kobialka, Mary Jo Lattimore-Young,
Richard J. Lehner, Marilyn E. Lew, Thomas R. Lochner, Julie
Loesch, Robert D. Lonski, Jeffrey C. Mannillo, Charles J.
Marchese, Jeffrey P. Markello, Mia McFarlane Markello, Mindy L.
Marranca, Christopher S. Mattingly, Paige Rizzo Mecca, Royston
PAGE 16
Mendonza, John V. (Sean) Millane, III, Laura A. Monte, Keith A.
Morgenheim, Lynn A. Murphy, Catherine E. Nagel, Pamela L.
Neubeck, Heather E. Nikiel, Sharon Nosenchuck, Leah R.
Nuchereno, Bridget M. O’Connell, Evelyne A. O’Sullivan,
Kenneth A. Olena, David J. Pajak, Paul D. Pearson, Raymond M.
Pfeiffer, Robyn G. Pharr, Becky Marie Powell, Dean S. Puleo,
Shari Jo Reich, Hon. Lisa Bloch Rodwin, Julie Atti Rogers, Janice
M. Rosa, Maria R. Rosciglione, Debra C. Rougeux, Ross T.
Runfola, Judith E. Samber, David V. Sanchez, Salvatore T.
Sanfilippo, David S. Sarkovics, Christine Saturnino, Barbara A.
Sauer, Barbara A. Schaus, David C. Schopp, Claudia S. Schultz,
Michelle Schwach Miecznikowski, Denis A. Scinta, David A.
Shapiro, James M. Shaw, Richard Charles Slisz, John E.
Spadafora, Jeffrey A. Spencer, Joseph W. Stadler, Robert S.
Stephenson, Jennifer P. Stergion, Natalie Munoz Stutz, Steven R.
Sugarman, Francis W. Tesseyman, Jr., Pamela H. Thibodeau,
Fritz Gerald Tondreau, Delrease T. Tota-Neal, Hon. Sharon S.
Townsend, John L. Trigilio, Deanne M. Tripi, Shelley A. Truex,
Ayoka Tucker, Lana V. Tupchik, Lisa A. Valvo, Jessica L. Vesper,
Deborah A. Walker-DeWitt, Dennis E. Ward, Pieter G. Weinrieb,
Brian R. Welsh, David Whittemore, Wallace W. Wiens, David W.
Wilson, Hon. Diane Y. Wray, Howard L. Yood, Oliver C. Young
Board Liaison: Marianne Mariano
Practice & Procedure
in Surrogate’s Court
Committee
Chair: David H. Alexander
Jerome D. Adner, David H. Alexander,
Nicholas P. Amigone, III, Marie V.
Anderson, Thomas E. Andruschat, Mark S.
Aquino, Modesto A. Argenio, Christina H. Arthurs, John C.
Bailey, Brian D. Baird, Deborah M. Barone, Noel E. Bartlo, Holly
Adams Beecher, Charles Beinhauer, David W. Beyer, James P.
Bracken, Stephen R. Brady, John G. Brenon, Jillian E. Brevorka,
Peter J. Brevorka, Charles Patrick Bridge, Timothy P. Bridge,
Phillip Brothman, Gordon M. Brown, Wesley M. Brown, Hon.
Paul G. Buchanan, D. Jeffrey Buckley, Dominic Paul Candino,
Edward J. Carland, Kathleen M. Carmody, Deborah CarrHoagland, Jerome D. Carrel, Katherine E. Cauley, Stephen E.
Cavanaugh, Dennis P. Cleary, Emilio Colaiacovo, Kelly E.
Coughlin, Douglas J. Curella, Jr., Victoria L. D’Angelo, William
H. Daetsch, John P. Dee, Joshua E. Dubs, Gayle L. Eagan,
Catherine B. Eberl, Susan J. Egloff, Patrick L. Emmerling, Carey
C. Esposito, James S. Fanning, Bridget Marie Faso, Aaron J.
Felmet, Jennifer G. Flannery, Mark A. Forden, Claire H. Fortin,
Howard B. Frank, Robert Friedman, Sue S. Gardner, Henry D.
Gartner, Lynn D. Gates, Patricia A. George, Daniel P. Grasso,
Susan J. Grelick, Frederick R. Gugino, John J. Hannibal, William
D. Harrington, John E. Haslinger, Paul Michael Hassett, Debra
Evans Hayden, Keith A. Herald, Andrew C. Hilton, III, Kathleen
E. Horohoe, Jeffrey A. Human, Thomas R. Hyde, Kathryn A.
Jackson, Robert I. Jadd, Craig H. Johnson, William P. Johnson, E.
Thomas Jones, Keith I. Kadish, Gary M. Kanaley, Timothy L.
Kane, John M. Keavey, J. Michael Kelleher, Jr., Jennifer A.
Kelleher, Denis A. Kitchen, Jr., Thomas G. Kobus, Joshua
Korman, Robert J. Kresse, Eleanor T. Kubiniec, Paul W. Kullman,
Lynn M. Kwon-Dzikiy, Rebecca Diina LaCivita, Alma L. Lafferty,
Frederick M. Lang, Catherine West Lefko, Richard J. Lehner, John
F. Leone, Marilyn E. Lew, Michael Likoudis, Sally B. Logan,
Michael J. Lombardo, Leonard G. London, Nicholas J. Longo,
Ralph C. Lorigo, John Paul Luhr, David J. Luzon, Laura Konst
Marecki, John Markarian, Mary Kennedy Martin, Peter J. Martin,
Mary Dee Martoche, Brenda A. Mattar, William K. Mattar,
Chanel T. McCarthy, Maureen A. McCready, Sean R. McDermott,
Thomas I. McElvein, Jr., Britta L. McKenna, Lindsay M.
McKenna, Bonnie A. McLaughlin, Peter P. Melin, Laurie L.
Menzies, Domenic J. Migliaccio, Raymond T. Miles, III, Craig L.
Miller, Kevin J. Miller, Robert A. Moeller, Rebecca E. Monte,
William C. Moran, William G. Muehlbauer, Deborah J.
Muhlbauer Weber, Lynn A. Murphy, Richard H. Murphy, Terrie
Benson Murray, Catherine E. Nagel, Cindy P. Navarro, Paul T.
Nesper, Deborah E. Nicosia, Sharon Nosenchuck, John R.
Nuchereno, Timothy M. O’Mara, Elizabeth A. Ollinick, Mickey
H. Osterreicher, David J. Pajak, Anthony C. Parlato, J. Matthew
Plunkett, Dean S. Puleo, Samuel P. Puleo, Theodore J. Pyrak,
Michael Pysz, Joseph M. Ralabate, Michael H. Ranzenhofer,
Bruce D. Reinoso, John J. Riccardi, Barbara R. Ridall, George E.
Riedel, Jr., Thomas M. Rizzo, Edward C. Robinson, Mary Engler
Roche, Richard P. Rosso, Nancy W. Saia, Gary M. Schaff, Barbara
A. Schaus, Richard M. Schaus, Jonathan D. Schechter, Michael
Schiavone, Geralyn A. Schiffler, Eric W. Schultz, Lawrence R.
Schwach, Lewis L. Schwartz, Edward J. Schwendler, Jr., Richard
G. Schwind, Karen Gaughan Scott, Karen Cook Serotte, Michael
R. Shannon, Joseph A. Shifflett, Myron M. Siegel, Robert G.
Sillars, Stephen R. Silverstein, Roger B. Simon, Richard Charles
Slisz, Paul J. Smaldone, Jamie M. Smith, Daniel L. Smolarek,
Christopher J. Smolka, Edward J. Snyder, Dennis J. Speller, Glenn
J. Speller, John C. Spitzmiller, Joseph W. Stadler, Thomas A.
Steffan, Charles E. Telford, William J. Trask, Sr., Daniel G.
Tronolone, Thomas V. Troy, Denis J. Uminski, Judy N. Cuzzacrea
Wagner, Norman F. Walawender, Michael A. Wargula, Catherine
T. Wettlaufer, Thomas Whissel, Mary Ann E. Wiater, Sharon L.
Wick, Christopher C. Willett, Nicholas H. Willett, Laurence H.
Woodward, Elizabeth R. Wright, Richard D. Yellen, Kelly V.
Zarcone
Professional Continuity
Committee
Chair: Francis X. Carroll
Bryan G. Brockway, Richard J. Cohen,
Bernard B. Freedman
Professional Ethics
Committee
Chair: Howard B. Cohen
Leonard Berkowitz, David G. Brock,
Craig R. Bucki, Cheryl Smith Fisher,
Sharon Stern Gerstman, Ralph L. Halpern, Peter J. Martin,
Joseph V. McCarthy, Kathleen G. Moriarty, Terence B.
Newcomb, Scott C. Vadnais, Thomas S. Wiswall
Board Liaison: Michael J. Flaherty, Jr.
Real Property Law
Committee
Chair: Keri D. Callochia
erome D. Adner, Ryan W. Anderson,
Mark S. Aquino, Samuel A. Ark, Thomas
R. Augello, Thomas C. Bailey, Deborah M.
Barone, Peter J. Battaglia, Ruth E. Baum,
Margaret Greenan Bebak, Elpiniki M. Bechakas, Steven B.
Bengart, Robert L. Besanceney, David W. Beyer, Ambar Bhargava,
David H. Blackmon, Michael M. Blinkoff, Glenn J. Bobeck,
Charles Patrick Bridge, David A. Brody, Gordon M. Brown,
Wesley M. Brown, Mary M. Buckley, Mark Burhans, Eugene
Vincent Burke, Jennifer L. Burke, Michael C. Burwick, Howard
Cadmus, Deborah Carr-Hoagland, Charles D.J. Case, Raymond
H. Caso, Jr., Gerald Chiari, Paul J. Cieslik, Richard H. Cole,
Dannine M. Consoli, James J. Contino, Peter L. Costa, Kelly E.
Coughlin, Robert J. Croyle, Victoria L. D’Angelo, William H.
Daetsch, Michelle A. Daubert, Francis P. Dec, John P. Dee, Helen
Kaney Dempsey, Richard F. DiGiacomo, Douglas W. Dimitroff,
Elizabeth M. DiPirro, Brian W. Downey, Robert M. Elardo,
Elizabeth N. Ensell, Anne C. Evans, William A. Evans, III, Mark
Fanton, Wendy K. Fechter, Andrew J. Freedman, Robert
Friedman, Michael J. Gallagher, Henry D. Gartner, Patricia A.
George, Roland R. Georger, Horace A. Gioia, George R. Grasser,
Gerald J. Greenan, Thomas J. Grillo, Jr., Robert W. Grimm, Jr.,
Tracy Scott Harrienger, John E. Haslinger, Paul Michael Hassett,
Vincent P. Hauber, George Michael Hauss, Christopher A. Head,
Katy M. Hedges, Keith A. Herald, Denise A. Herman, Elizabeth
A. Holden, Kevin W. Hourihan, David V. Jaworski, Craig H.
Johnson, Timothy P. Johnson, William P. Johnson, E. Thomas
Jones, Frances M. Kabat, Robert B. Kaiser, Neil J. Katz, Thomas
Keane, Frank S. Kedzielawa, Joseph W. Keefe, William F. Keenan,
J. Michael Kelleher, Jr., Mary Jane Keyse, Joshua Korman, Fonda
Dawn Kubiak, Christine G. LaBarre, Alma L. Lafferty, Frederick
M. Lang, Carolyn E. Leed, Catherine West Lefko, Michael
Likoudis, Mark Lillenstein, Michael J. Lombardo, Nicholas J.
Longo, Ralph C. Lorigo, Rocco Lucente, II, John Paul Luhr,
Daniel T. Lukasik, Kelsey DiLapo Lukasik, Jill S. Lynch, Kathleen
Ann Lynch, Jeffrey C. Magavern, Robert L. Marinelli, Jeffrey P.
Markello, Melanie C. Marotto, Charles C. Martorana, William H.
Mattrey, Russell J. Matuszak, Sabrina M. May, Justine M.
McCargo, Sean R. McDermott, Diane J. McMahon, Brendan R.
Mehaffy, Peter P. Melin, Carolyn Messana-Morrow, Harry G.
Meyer, Lisa P. Meyers, Domenic J. Migliaccio, Terence W. Miller,
David C. Mineo, Serafina M. Mitri, Rebecca E. Monte, Michael
Joseph Montesano, Mark A. Montour, Roseanne J. Moran, Mark
Morgan, Lynn A. Murphy, Richard H. Murphy, Catherine E.
Nagel, Cindy P. Navarro, Paul T. Nesper, Deborah E. Nicosia,
Michael L. Nisengard, Sharon Nosenchuck, Russell B. Osborn,
Helen Osgood, Matthew R. Palmieri, Frank J. Parlato, Neil A.
Pawlowski, Matthew K. Pelkey, Seeta Persaud, Mark J. Peszko,
Frederick J. Petersen, Raymond M. Pfeiffer, Michael A. Piette,
Wallace C. Piotrowski, Steven H. Polowitz, Christopher R. Poole,
Becky Marie Powell, Jean C. Powers, Dean S. Puleo, Samuel G.
Puleo, Michael Pysz, Kenneth A. Redding, Michael E. Reyen,
Joseph M. Reynolds, John J. Riccardi, Jay W. Ricketts, Barbara R.
Ridall, Thomas M. Rizzo, Patrick J. Roach, Corey J. Rossi, Paul E.
Rudnicki, Arthur A. Russ, Jr., Michael J. Ryan, Nancy W. Saia,
Marlin B. Salmon, Elaine E. Salvo, Melissa Sanchez, Nicholas J.
Sargent, Gary M. Schaff, Barbara A. Schaus, Richard M. Schaus,
Geralyn A. Schiffler, Sean D. Schoenborn, Stephen J. Schop, Mark
M. Schuetze, Sharon J. Schwartz, Edward J. Schwendler, Jr., Karen
Gaughan Scott, Raymond H. Seitz, Ronald S. Shubert, Robert G.
Sillars, Daniel L. Smolarek, Dennis J. Speller, Glenn J. Speller,
Thomas A. Steffan, Cheryl L. Stein, Gary M. Sterman, Barbara B.
Strzemski-Haase, Donna Hoelscher Suchan, Melissa A. Tocha,
Delrease T. Tota-Neal, Bradlee W. Townsend, William J. Trask,
Sr., W. Clark Trow, Thomas V. Troy, Scott C. Vadnais, Amy J.
Vigneron, Judith L. Voit, Christopher A. Walker, Robert G. Walsh,
Thomas M. Ward, Michael A. Wargula, Daniel F. Webster, Alan S.
Wexler, Thomas Whissel, Mary Ann E. Wiater, Edmund V. Wick,
Wallace W. Wiens, Michael C. Wild, Christopher C. Willett,
Nicholas H. Willett, Frederick A. Wolf, Kevin R. Wolf, Hon.
Diane Y. Wray, Jeri N. Wright, Michael R. Wyszynski, Richard D.
Yellen, Jason A. Yots, Andrew D. Yusick, Edward M. Zimmerman,
Christine Wojcik Zona
Senior Lawyers Committee
Chair: To Be Announced
Richard N. Blewett, Harold J. Brand, Jr., Jerome D. Carrel,
Stephen E. Cavanaugh, Anthony F. Cerrone, Peter L. Costa, Mark
Fanton, Alvin M. Greene, Ralph L. Halpern, Thomas F. Keefe,
Stephen R. Lamantia, William J. Love, Jr., Sue Dealy Murszewski,
Joel H. Paull, David R. Pfalzgraf, John P. Robshaw, Jr., Arthur A.
Russ, Jr., Diane R. Tiveron, Arnold N. Zelman
Solo and Small Firm Practice
Committee
Chair: Jennifer P. Stergion
Eugene P. Adams, Brian J. Alterio, Sara L.
Anthis, Joseph M. Augustine, James Quinn
Auricchio, Dennis J. Bischof, Matthew
Borowski, John G. Brenon, William D.
Broderick, Jr., Catherine A. Carey, J.
Christine Chiriboga, Matthew Clabeaux, Jamie L. Codjovi,
Dannine M. Consoli, Patricia M. Costanzo, William H. Daetsch,
John M. Del Vecchio, Gina Marie DePrima, Jennifer M. Dillon,
Joshua E. Dubs, Thomas C. Farley, Jr., Alvin M. Greene, Hollis
M. Hite, Frank T. Housh, Peter Matthew Kooshoian, Joshua
Korman, Alma L. Lafferty, William A. Long, Jr., Parker R.
MacKay, Scott R. MacPherson, John T. Maloney, Jeffrey P.
Markello, Mindy L. Marranca, Robert W. Michalak, Gregory A.
Pope, Joshua I. Ramos, Sallie G. Randolph, Michael Anthony
Rossi, Kristopher M. Sigeti, Mary L. Slisz, Rebecca M. Stadler,
Robert D. Steinhaus, Francis W. Tesseyman, Jr., Fritz Gerald
Tondreau, James M. VanDette, Pieter G. Weinrieb, Wendy
Whiting, Jeri N. Wright, Bruce S. Zeftel
Board Liaison: Anne E. Joynt
Unlawful Practice of Law
Committee
Chair: Marc Shatkin
Aaron Aisen, Carol A. Becker, Leonard
Berkowitz, Alan L. Bernstein, Richard N.
Blewett, Lawrence F. Cataldi, Michelle M.
Coxford, Benjamin R. Dwyer, Wendy B.
Edson, Edie Feiling, Thomas F. Keefe, Kevin
J. Kruppa, Giles P. Manias, Shawn P. Martin, Harry G. Meyer,
Domenic J. Migliaccio, Margaret L. Phillips, John P. Robshaw, Jr.,
Nancy W. Saia, Sue Ann Sarra, Ronald S. Shubert, Michael E.
Storck, Laura A. Szychowski, Candace K. Vogel, Christopher C.
Willett, Oliver C. Young
Board Liaison: Bruce W. Hoover
Workers’ Compensation
Committee
Chair: Russell D. Hall
Ellen Shanahan Becker, Erin K. Belka, F.
Daniel Bowers, Kim M. Brewer, Thomas C.
Burnham, Benjamin S. Carlisle, Anthony F.
Cerrone, Sanford L. Clark, Gregory R.
Connors, John M. Cordon, Jr., James B.
Cousins, Karen M. Darling, David F. Davis,
Jennifer Ipolito DeKing, Anne C. DiMatteo, Kevin R. Doering,
Emily Leach Downing, Susan R. Duffy, Roger J. Edel, Peter J.
Eisenhauer, Samuel S. Feuerstein, Robert A. Fiordaliso, Jerry A.
Gambino, Jeffery D. Gangi, Jared L. Garlipp, Stephen M.
Gielowski, Nicole Graci, Rebecca M. Guerra, Mark W.
Hamberger, John J. Hannibal, Renee E. Heitger, Richard L.
Holstein, Melvyn L. Hurwitz, Kimberly Jetty, Thomas P. Kawalec,
Frank S. Kedzielawa, James W. Kirkpatrick, Kathryn M. Kirsch,
Thomas E. Krug, Mary Kay LaForce, Robert D. Leary, Lawrence
Lindsay, John N. Lipsitz, David Paul Losi, Kristin Machelor,
Colleen M. Malchow, Giles P. Manias, Sean R. McDermott,
William F. McLaughlin, Harry G. Modeas, Jr., Kathleen A.
Molloy, Jeffrey K. Moncher, Mathew J. Morton, William D.
Murphy, Paula M. Eade Newcomb, Alison L. Odojewski, David J.
Pajak, Brett D. Parker, Susan Burch Parzymieso, Raymond M.
Pfeiffer, Prudence F. Philbin, Mary M. Russo, Roslyn Sireci
Sackel, Daniel T. Sawers, Philip Scaffidi, Wayne D. Schiffhauer,
Holly L. Schoenborn, Karen Hurwitz Small, Mark F. Steiner, John
Terzulli, Fritz Gerald Tondreau, Surinder K. Virk, Michael J.
Whitcher, Phyllis R. Whitchurch, Melanie M. Wojcik, Jason J.
Zack, David C. Zimmerman, Robert E. Ziske
Board Liaison: Daniel T. Lukasik
Young Lawyers Committee
Chair: Elizabeth M. Midgley
Co-Chair: Craig R. Bucki
John E. Abeel, Kara M. Addelman, Aaron
Aisen, Ryan W. Anderson, Karen M.
Andolina Scott, Ashley M. Arcangeli,
Samuel A. Ark, Monika Bhatt, Colleen
Blinkoff, Daniel J. Bobbett, Matthew
Borowski, Beverley S. Braun, Karla BraunKolbe, Jillian E. Brevorka, Denise M. Brown,
Meghan M. Brown, Thomas C. Burnham,
Elizabeth K. Buscaglia, Frank Callocchia,
Benjamin S. Carlisle, Alana P. Carr, Charles
D.J. Case, Melissa A. Cavagnaro, Jamie L.
Codjovi, Marissa A. Coheley, Erin E. Cole,
Jessica L. Copeland, Ryan P. Crawford,
Megan Misiti Cumbo, Douglas J. Curella,
Jr., Gina Marie DePrima, Lisa M. DiazOrdaz, Joanna Dickinson, Bryan Dolin, Joshua E. Dubs, Adam R.
Durst, Sarah Duval, E. Meghan Dwyer, Tracey Ehlers, Jennifer A.
Ehman, Elizabeth N. Ensell, William A. Evans, III, Renee M.
Falbo, Mark Fanton, Michael P. Felicetta, John Fenski, Kathleen
T. Feroleto, Shannon E. Filbert, Joshua P. Fleury, Jill Z.
Florkowski, Mark A. Forden, Melissa Ann Foti, Sarah R. Galvan,
Angelo S. Gambino, Roland R. Georger, Aaron Glazer, Jason A.
Goodman, Thomas J. Grillo, Jr., Tina M. Hawthorne, Johanna M.
Healy, Daniel J. Hebert, Michael Hecker, Katy M. Hedges, Amy P.
Herstek, Jonathan S. Hickey, Elizabeth A. Holden, Christina G.
Holdsworth, Elizabeth A. Holmes, Timothy W. Hoover, Bradley
A. Hoppe, Tristan D. Hujer, Katie M. Ireland, Sean Patrick Kelly,
Minryu (Sarah) Kim, Jeffrey Kingsley, Michael H. Kooshoian,
Elizabeth Kraengel, John LaMancuso, Julie Latham, Rochelle K.
Lawless, Carolyn E. Leed, J. Michael Lennon, II, Brian R.
Liebenow, Ashley J. Litwin, Kevin Loftus, Jr., Nancy A. Long,
Jennifer M. Lorenz, Cynthia Giganti Ludwig, Parker R. MacKay,
Sean J. MacKenzie, Scott R. MacPherson, Stephen A. Manuele,
Katherine V. Markel, Susan Marriott, Chanel T. McCarthy,
Michael P. McClain, Sean R. McDermott, Sean C. McPhee,
Brendan R. Mehaffy, Royston Mendonza, Charles A. Messina,
Andrew O. Miller, Ryan Mills, Vincent M. Miranda, Julia
Mombrea, William Patrick Moore, Roseanne J. Moran, Richard J.
Morrisroe, Mathew J. Morton, Melissa M. Morton, John A.
Mosychuk, John Mueller, James J. Nash, Michael L. Nisengard,
Lynnette Nogueras-Trummer, Christopher N. Ollinick, Elizabeth
A. Ollinick, Andrew J. Pace, Matthew A. Parham, Neil A.
Pawlowski, Matthew K. Pelkey, Brittanylee Penberthy, Frederick J.
Petersen, David W. Polak, Emina Poricanin, V. Christopher
Potenza, Amber R. Poulos, Colin D. Ramsey, Sarah K. Ranni,
Brendan J. Rich, Samantha L. Riley, Nicholas Michael Rossi,
Elizabeth M. Salzman, David S. Sarkovics, Jennifer R. Scharf, Elsa
J. Schmidt, Michelle Schwach Miecznikowski, Thomas D.
Seaman, Seth Seegert, Maura C. Seibold, Claire T. Sellers,
Leonardo D. Sette-Camara, Kristopher M. Sigeti, Michael A.
Smith, A. Peter Snodgrass, Rebecca M. Stadler, Jennifer P.
Stergion, Michael P. Sullivan, Megan B. Szeliga, Henry B. Tilson,
Kristin A. Tisci, Mattew D. Valauri, Ehret A. Van Horn, James M.
VanDette, Steven W. Wells, Wallace W. Wiens, Kevin R. Wolf,
Amanda Zafur
Board Liaison: Anne E. Joynt
PAGE 17
DEFAMATION DEFLATION
Recognizing the liberality allowed in reporting on a
news story of public interest, this defamation lawsuit
against the Buffalo News was dismissed. (Alf v. The
Buffalo News, Inc.,__NY3rd__, 6/27/13)
citations
By Jeff Spencer
Offermann
TIME CRIME REFINED
A secret GPS device
Was placed in the employee’s car
To track his movements
Near and far.
A QDRO QUERY
“Step” and promotional pay increases after the commencement of the matrimonial lawsuit were not held to
be “separate property” excluded in calculating potential retirement benefit shares. (Loy v. Loy __AD3rd__,
4th Dept., 7/19/13, #679)
Time theft was the charge
They sought to prove
But was this stealthy device
Outside the Fourth Amendment groove?
FIRMING UP THE FIFTH
The Fifth Amendment rights of the defendant were
held to have been violated when he was cross-examined in another matter about the underlying facts of
the first conviction which was then under direct
appeal. (Peo. v. Cantave,__NY3rd__, 6/25/13)
“Unreasonable,” said the high court
Under the facts upon which this decision is based
But it might still be okay
Under another case.
In the Mtr. of Cunningham v. NYS Dept. of Labor,
__NY3rd__, 6/27/13.
WHATEVER FLOATS YOUR MUNICIPAL BOAT
In a comprehensive opinion by Judge Eugene Pigott,
our Court of Appeals held that workers on boats or
barges used for public purposes were “public works”
within the meaning of Labor Law sec. 220 in determining wage standards. (De La Cruz et al., v. Caddell
Dry Dock & Repair Co., Inc., ___NY3rd ___, 6/27/13)
NO SPECIAL RELATION DUE TO
PATIENT INTOXICATION
The Court of Appeals recently held that a hospital was
not responsible for an intoxicated patient who voluntarily
left the hospital and was hit by a car. (Kowalski v. St.
Francis Hospital and Health Centers, et al.,__NY3rd__,
6/26/13)
LOSIN’ EXCLUSIONS
The Court of Appeals has held that when a liability
insurer has breached its duty to defend its insured, the
insurer may not later rely on policy exclusions to escape
its duty to indemnify the insured for a judgment
against him. (K2 Investment Group, LLC., et al., v.
American guarantee & Liability Ins. Co.,__NY3rd__,
6/11/13)
CLOSING OF RAILROAD CROSSING NOT
REGULATORY PROPERTY CONFISCATION
The closing of a railroad crossing was held to be a
reasonable exercise of the state’s police powers and not
a regulatory taking of property. (Island Parl, LLC. v.
SNY, __NY3rd__, 6/26/13)
NO BOOT FOR EMT SUIT
Factual issues as to whether or not a “special duty”
was created by EMTs treating the plaintiff precluded
summary judgment. (Applewhite et al., v. Accuhealth,
Inc. and CNY,__NY3rd__, 6/25/13)
CREDITOR SQUEEZES OUT ATTORNEYS
IN FIGHT FOR A PIECE OF THE
PARTNERSHIP DISSOLUTION PIE
Our Fourth Department has held that a creditor’s
claims against the proceeds of a partnership dissolution
took precedence over the attorneys’ charging lien.
(Case v. Case et al., __AD3rd__, 7/19/13, #623)
KID’S CONVICTION CANNED
The Court of Appeals has held that there must be a
“YO” determination (even if the defendant has not
requested it) before an underage defendant can be
prosecuted. (Peo. v. Rudolph, __NY3rd__, 6/27/13)
PROBABILITY OF RELIABILITY
Because neither the search warrant nor the supporting affidavit established that the informant was reliable, the matter was remitted to Supreme Court for
further review. (Peo. v. Chisholm,__NY3rd__,
6/27/13)
Frank and I were of an age, and, having occupied
offices at opposite ends of the Statler’s 17th floor for
about 35 years, met often and developed a close
personal friendship which I greatly valued. It endured
into my retirement, and involved weekly telephone
calls, the last of which was on the Saturday morning
that he and Anne left for Chautauqua.
In the later years when we both had more time, the
telephone calls lasted longer, sometimes over half an
hour. We spoke not only about lawyers, living and
deceased, and about our beloved Bar Association, but
about our mutual first love, which was baseball, then
and still.
We talked of the long ago days when Frank’s father,
the former Sheriff of Erie County, was the owner of the
Buffalo Bisons who played in the marvelous ballpark at
the corner of Michigan and Ferry Streets, and was
known as Offermann Stadium. In those days, Frank
was the batboy for the Bisons and I was either in the
stands or glued to a radio. We reminisced about the
great players who played then – of Ollie Carnegie,
Luke Easter, Fred Hutchinson, Virgil Trucks, Johnny
Bench, and, of course, Jackie Robinson – all a part of
Buffalo’s storied baseball history.
And we remembered the many times when my wife
and I were guests of Frank and Anne in their lovely
home on Beard Avenue or they in ours. I cannot
remember a more gracious host and hostess.
Frank leaves behind not only Anne and his loving
family, but his deserved reputation for the skill, comity,
and ethics in the practice of law which few will match
and none are likely to surpass.
[B]
PAGE 18
ESI Self-Collection - A Dangerous (and Costly) Practice
By Elizabeth M. Midgley, Chair
BAEC Young Lawyers Committee
We have to admit, it’s very tempting.
You’re given notice of an upcoming
litigation that’s going to involve
collecting some emails, word docs,
spreadsheets, or other electronically
stored information (ESI). But you’ve learned your way
around the computer over the last 20 years, so this is a
piece of cake. You know what you’re doing, right?
Wrong.
And – no offense – but not only do you probably not
know what you’re doing, you are putting your case in
severe jeopardy. Courts are cracking down on litigants
who have been practicing improper self-collection and
instituting ineffective litigation holds. And the crackdowns are getting costly.
Even some of the biggest names in the world – Apple
and Samsung – have been called out by the courts for
spoliation for failing to preserve electronic data. Not
only is that embarrassing (especially for two of the
biggest technology companies in the world) but it’s just
plain dangerous. During the protracted Apple Inc. v.
Samsung Electronics Co. Ltd. litigation, both parties
made big preservation mistakes. And judges found that
both parties would be hit with adverse inference
charges at trial.
From sanctions to preclusion to adverse inference
charges, courts are taking litigants’ failure to properly
preserve electronic data very seriously. Spoliation is
becoming the new “it” phrase in ESI collection and
preservation cases, with damning results in litigation.
Self-Collection of ESI: Bad Voodoo You Do
A do-it-yourself collection of ESI is not only dangerous, but it could be extremely costly to your case.
There are a number of potential problems with selfcollection of electronic data:
1) employees tasked with self-preservation aren’t
always familiar with the scope of the facts of the case
and often do not understand the legal ramifications (or
even just the legal terminology
used);
2) already busy employees may
not have the time or resources to
dedicate to the collection;
your ESI defensibly collected by people who know
what they are doing and doing it yourself (and hoping
the court doesn’t check what you’re doing) is really a
no-brainer. So why take the risk?
When Good Holds Go Bad: The Failed
Litigation Hold
Litigation holds for electronic information are
becoming increasingly scrutinized by the courts as well.
Litigation holds are typically notices sent out to key
employees advising them that they need to keep certain
information relative to a case.
“Even some of the
3) employees (you know, human
beings with feelings), may be motivated to not produce certain information that they think is damaging
to them or the company or that
they find embarrassing; and
biggest names in the
world – Apple and
4) the employees may not have
the necessary IT knowledge to
know all of the areas in which to
look, and, even if they do, they likely do not know how to properly collect the information to preserve all
the metadata (or, even worse, they
jeopardize metadata).
courts for spoliation
for failing to preserve
Samsung – have been
called out by the
electronic
Also, there may be additional
areas that need to be searched that the self-collectors
don’t think about – like the ESI for employees who are
no longer with the company, older computers that have
been swapped out, and similar issues.
There have been a number of cases in recent years
where litigants were sanctioned or adverse inference
instructions were given because self-collection failed to
properly collect electronic evidence. The failings behind
those self-collections have ranged from matters where
the defendant over-relied on self-collection by employees, failed to follow up on the collection process and on
litigation holds (see more below), to instances where
key employees changed the content of electronic information that they believed was damaging to their case.
Simply put, self-collection of ESI is a risky path to
take. But luckily, there are people out there who really
do know what they are doing. And they are here to
help. Not only are there reasonably priced and fully
defensible ESI collection tools on the market, but the
collection can also be done remotely by certified forensic staff. The cost-benefit comparison between having
When done correctly, litigation holds
can be a lifesaver for your action by preserving all relevant data for future
analysis (by you or by the court). If not
done correctly – when the proper information is not preserved or the hold is
not followed up on in a reasonable manner to ensure that it is being followed –
litigation holds will do nothing to stop
the destruction of important electronic
information. Hello, spoliation.
Locally, in Tracy v. NVR, Inc.,
Magistrate Judge Payson analyzed the
defendant’s litigation hold notices that
NVR was to have put in place in
response to the litigation. Tracy v.
data.”
NVR, Inc., 2012 U.S. Dist. LEXIS
44350 (W.D.N.Y. 2012). Plaintiffs
claimed that defendant failed to instruct
key employees to preserve all
relevant documents, resulting in the
destruction of electronically stored information. Id. In
the Court’s Decision and Order, Magistrate Judge
Payson pointed to the testimony of various NVR managers; five of the six did not recall ever receiving a litigation hold notice. Id. The only manager who did recall
receiving an instruction to preserve documents admitted that he did not search for documents in response to
the litigation hold. Id.
If faced with the same scrutiny, how would your
litigation hold do?
Now for some good news – there is technology out
there that will stand up to the court’s scrutiny, and
keep you and your clients covered. There are even
companies who offer litigation holds at no cost to you,
which will ensure that you and your clients sleep a little easier at night.
But, hey, if you think you know more than Apple
when it comes to preserving electronic data, go for it.
Just don’t say we didn’t warn you.
*Liz Midgley is an associate attorney at Anspach
Law and an attorney for Avalon Document Services.
Cyberlaw
the adequacy of [plaintiff’s] proof of sufficient market
penetration, evidence regarding internet sales and
internet advertising will be considered together with
the evidence of sales and advertising in geographic
areas. Thus, a sale to a customer through the internet
will be considered a sale in the geographical area in
which the customer is located.”); Echo Drain v.
Newsted, 307 F. Supp. 2d 1116, 1128-129 (C.D. Cal.
2003) (although musical group operated a worldwide
accessible website, the trademark rights in the group’s
name were limited to the Dallas-Fort Worth area based
on the group’s geographically limited actual presence).
It is interesting to note that plaintiff might have considered a different strategy. He could have brought a
cancellation proceeding before the Trademark Trial
and Appeal Board against the defendants’ trademark
registrations. Now it is too late, since the defendants’
registrations are more than five years old and can no
longer be attacked on grounds of prior use.
Trademark turf wars are often interesting and complex, especially with the added factor of Internet usage
of marks. Cases of this type require a careful and thorough strategy analysis.
[B]
PAGE 19
News from Kent, Our Sister City in Great Britain
Jonathan Smithers
is pictured at the
inauguration ceremony
in which he became
Deputy Vice President
of the Law Society of
England and Wales.
To his left is Nigel
Burnett, senior partner
at Smithers’ Kent law
firm, CooperBurnett.
At right is a colleague
from the firm, attorney
Jennifer Irving.
By Jonathan Smithers
Friends, in a note appearing at
the end of my letter for your
summer edition, your editor kindly
announced the news of my appointment. The inauguration has now
taken place and, as you read these
words, I will be some six weeks into
my period of office as Deputy Vice President of the Law
Society of England and Wales.
The Society was founded in June of 1825 when a
Committee of Management was appointed. It acquired
its first Royal Charter in 1831 and moved into the
building, which it still occupies in Chancery Lane, in
1832, next door to the Royal Courts of Justice. It was
originally called the Society of Attorneys, Solicitors,
Proctors and Others not being Barristers practising in
the Courts of Law and Equity in the United Kingdom.
(I suspect whoever came up with that title was
charging by the word!)
In 1903, the Society changed its official name to the
Law Society.
As in your Association, there is an automatic progression of the officers, so the deputy vice president a year
later becomes the vice president and then the following
year, the president. That means I expect to ascend to
the presidency in July 2015 and hold the office for a
year. There will be at least one special anniversary duty
that year, it being 800 years since the Magna Carta
was signed.
Candidates for the DVP position are chosen from the
Council of the Society, consisting of 100 members.
I have represented the Kent constituency for over six
years (I first took it on when Vice President of Kent Law
Society). The three positions are collectively known as
“the office holders.” The complexities of the job require
training time so there is certainly some learning to be
done. I am already receiving briefs from various parts of
the organisation on policy matters hitherto outside my
scope. In some ways, my activities are restricted; I am no
longer allowed to attend my local Law Society meetings
in a private capacity on the basis that everything I say
can be treated as words uttered on behalf of the Society.
I must therefore be briefed by policy officers on everything, as it is quite possible I may be asked for an
opinion. It is no longer sufficient to say “I have no idea”!
On a number of occasions, I have been asked what the
DVP does. The short and most honest answer is everything that the president and vice president don’t want to
do. The Society receives many hundreds of requests
every year to attend functions and represent the
Society’s interests. The chief executives’ team,
in consultation with the office holders, will decide
who goes where (except for the DVP, who will do as he
is told!).
Chief Judge Names
Committee to Facilitate
Pro Bono Efforts of
In-House Counsel
NEW YORK – Chief Judge Jonathan Lippman
recently formed a statewide committee to examine the potential impact that in-house counsel in
New York can make in narrowing the state’s
access to justice gap.
Chaired by New York Court of Appeals Judge
Victoria A. Graffeo, the Advisory Committee on
Pro Bono Service by In-House Counsel will
spearhead an initiative to encourage all in-house
lawyers who are not admitted to practice law in
New York to comply with the state’s mandatory
registration rule – a first step before any pro
bono service can be undertaken. As defined by
the registration rule, an in-house counsel is an
attorney who is employed full time in New York
by a non-governmental corporation, partnership, association or other legal entity that is not
engaged in the practice of law or the rendering
of legal services outside such entity. The advisory committee will also examine ways in which
registered in-house counsel can participate in
the provision of voluntary pro bono legal services on behalf of New York’s poor.
The vice president does a lot of governmental work
where the Society influences and informs legislators.
This means the DPV is there to plug the gaps at perhaps
what might be termed some of the lower profile events.
Under Part 522 of the Rules of the Court of
Appeals, an attorney admitted to practice and in
good standing in another state or territory of the
United States or the District of Columbia may
provide legal services exclusively to an employer,
provided that the attorney is properly registered
with the courts. Once registered with the
Appellate Division, participating attorneys are
subject to New York’s Rules of Professional
Conduct and attorney disciplinary oversight.
However, under current rules, registered inhouse counsel may not provide pro bono services, including appearances before tribunals.
My first job was to speak at a conference entitled
“Pathways into Law” for disadvantaged young people,
aged 16-19, who come from difficult backgrounds
and have ambitions to practice in our field. We
have a strong commitment to equality and diversity
so showing up at these events and talking to both
students and teachers demonstrates our commitment
to ensuring that all talent (not just those with money)
is welcome.
Following recommendations issued late last
year by the Chief Judge’s Task Force to Expand
Civil Legal Services in New York, the advisory
committee will consider possible revisions to the
current practice rules to afford registered inhouse counsel the opportunity to participate in
pro bono work subject to the ethical rules and
disciplinary oversight applicable to lawyers
licensed to practice in New York.
I hope to continue writing for your Bulletin, as I am
sure there will be some interesting experiences which I
can share with you.
As part of this process, the advisory committee
will review proposals for reform issued by the
New York State Bar Association and the
Conference of Chief Judges; survey rules
adopted by other states allowing registered inhouse counsel to engage in pro bono services;
and consult with the Pro Bono Institute, which
works to support and enhance the pro bono
efforts of major law firms, in-house corporate
legal departments and public interest organizations in the U.S. and around the globe.
Additionally, the committee will confer with
legal services providers and corporate legal
departments to identify suitable pro bono projects for attorneys employed as in-house counsel
in New York.
The president spends a lot of time abroad using our
brand internationally to promote English law firms and
particularly the City of London, as the world’s number
one destination for international dispute resolution. (I
am reliably informed that the New York bar is number
two, although you may disagree with the order!)
In my acceptance speech at the annual general meeting of the Society in July, I finished by giving a commitment, paraphrasing a line from Rudyard Kipling’s poem
‘If’ that is “to fill each unforgiving minute with 60 seconds worth of distance run.” Time will tell whether I live
up to that but it certainly seemed a good place to start!
There are approximately 9,000 in-house
counsel working in the state, some of whom are
admitted to practice law here. Furthermore,
many are employed by legal departments where
providing pro bono legal assistance to the
underserved is a core value.
“Regrettably, the civil legal services needs of
our most vulnerable New Yorkers continue to
outpace the availability of resources,” Judge
Lipmann said. “(This) committee will explore
rule changes and other strategies…(to) leverage
the expertise of…in-house counsel in our aim to
broaden the state’s pro bono efforts.”
The committee is expected to submit its recommendations to the Chief Judge and the
Administrative Board of the Courts later this fall.
PAGE 20
tion, especially the preference for vesting. The court
also reviewed the various types of vested estates – indefeasibly vested, vested subject to open, vested subject
to complete defeasance, and vested subject to condition
precedent, often referred to as contingent.
death and taxes
Matter of Wilding, 2013 NY Slip Op 23122
(Surr. Ct., 2013)
This is a proceeding in the Erie County Surrogate’s
Court for the intermediate settlement of two testamentary trusts. The issue to be decided is the status of an
adopted-out great-grandchild of the decedent.
Dorothy and James Wilding wrote wills in 2001, each
containing a trust for son Bruce for his life, then for
grandson Michael for his life remainder to his issue per
stirpes. The trustees had discretion to invade principal
for the income beneficiary and his issue. Dorothy died
in 2002, and James in 2004.
In 1997, Michael and his wife had a child, Brooke.
They later divorced; Michael remarried and had additional children. Brooke’s mother remarried, and Brooke
was adopted by her stepfather in 2005.
By Peter J. & Jillian E. Brevorka
On the intermediate judicial settlement of the trusts,
questions arose as to whether Brooke is to receive
discretionary distributions as “issue” of Bruce and
of Michael, and whether she will be a remainder
beneficiary of the trusts following the death of the
survivor of Bruce and his son, Michael.
Surrogate Howe reviewed Domestic Relations Law
§117, which speaks to the inheritance rights of
adoptees. The judge ruled that - generally speaking –
an adopted child leaves bloodline for inheritance.
However, DRL §117 (2) (d) provides that “. . . this
subdivision shall not impair or defeat any right which
has vested . . . . prior to the adoption, regardless of
when the adoption occurred.”
The judge then reviewed some rules of will construc-
The Surrogate determined that Brooke’s status as
“issue” eligible to receive discretionary distributions
from the trusts vested when her great-grandparents
died in 2002 and 2004, and her subsequent adoption
out of the bloodline in 2005, did not affect that.
The court refused to decide whether Brooke would
be a remainder beneficiary when the antecedent life
interests ended, holding that question was not ripe for
adjudication at this time.
Matter of Joseph P., 106 AD3d 1548
(4th Dept., 2013)
This case involves whether the Article 17-A
Guardians of a disabled person met the burden of proof
required to withhold surgical insertion of a feeding tube
in their ward.
Joseph P. is a 55-year-old developmentally disabled
man with the functioning capacity of a six-month-old
child. He was taken to the hospital with aspirational
pneumonia and an inability to swallow owing to
compression of his pharynx as a result of hyperextension of his spine, a permanent condition from which he
will eventually die.
His parents as his 17-A guardians refused to consent
to surgical insertion of a feeding tube. The attending
physician and the chief medical officer of the hospital
supported the parents’ decision, based upon a determination that providing such treatment would prove an
extraordinary burden on Joseph.
The New York State Office for People with
Developmental Disabilities (OPWDD) petitioned for an
order directing surgical insertion of the feeding tube.
The Supreme Court denied the petition.
OPWDD appealed, and the Fourth Department
reversed, holding that the guardians and hospital had
failed to establish that the feeding tube poses an
extraordinary burden on Joseph according to SCPA
1750-b[4][b][iii][B].
PAGE 21
Six Months in Buffalo
During the first month, I was interning at the
DA’s office, attending many trials and even went to a
crime scene.
By Déborah Thierry
Editor’s Note: Déborah Thierry traveled to Buffalo
from our Sister City of Lille, France, to pursue legal
internship opportunities. She wrote about her experiences after her return to Lille.
I came home a few
months ago and here
are a few words about
my experience.
I had the opportunity
to live abroad for six
months. From July 2012
to January 2013, I was
living in Buffalo. This
type of exchange program is a great opportunity! It’s a chance to live
abroad and to experience a new way of life.
I went there because Buffalo and Lille have been
sister cities since 1991, and the two Bar Associations
are partnered. In the context of the partnership and
friendship between our two cities, an exchange
program was created 10 years ago, and 10 young
lawyers have come to do an internship in Buffalo, most
of them for six months.
As I was ending my studies in Lille, I had the opportunity to do an internship in Buffalo and I took the
chance!
Law studies are organized differently in France. After
one takes the bar exam, he or she has to attend a school
for lawyers for 18 months (and during one of the
semesters, there is the possibility to go abroad).
In Memoriam
“Remembering is an act
of resurrection,
each repetition a vital layer
of mourning,
in memory of those we are sure
to meet again.”
~ Nancy Cobb, from
“In Lieu of Flowers”
We wish to honor the memory of the following members of our Bar Association. Memorial
gifts to the Erie County Bar Foundation are
an excellent way to remember friends and
colleagues, as gifts are used for the benefit
of the entire profession.
Hon. Frank A. Sedita, Jr.
Jay E. Brett
Eric T. Dadd
Lowell Grosse
Eugene J. Martin
Julian J. Sugarman
Francis J. Offermann, Jr.
Michael J. Flaherty
William Reynolds
The most enjoyable aspect was that I could tell people what I was interested in and they tried to facilitate
contacts for me. That’s how I went to Federal Court
several times to witness different cases and
sentencings and also a naturalization ceremony.
I went to the Holding Center, thanks to the court
officers working in the Erie County Court. They were
all welcoming to me and other interns, and gave us a
tour of the jail.
I also went to jail to visit prisoners with a criminal
lawyer. It was very interesting to see what I am used to
seeing on TV in France about American prisons and the
American judicial system.
Of course, I had to deal with the availability of
professionals I wanted to meet, but most of the time
people were very welcoming and happy to explain the
court system.
As we only have juries for the most serious crimes
in France (like rape, murder, poisoning, abduction,
assassination and armed robbery), I was interested in
discovering the criminal side and the process for juries
and grand juries. I also spent about five months in
Judge Penny Wolfgang’s chambers.
I then had a few weeks of holidays because I was told
in August that traveling and discovering the country
was also part of the experience!
[B]
PAGE 22
It’s a Brave New E-world…
…and your favorite Bar Association is now available on your favorite social networking sites!
In addition to our website, www.eriebar.org, news, information and updates can now be found on
Facebook, Twitter and LinkedIn.
As part of our ongoing effort to communicate timely information to our members, you will also receive
e-newsletters from us about upcoming CLE programs, career opportunities and news items
that come to our attention between issues of the Bulletin. If for any reason, you have not been receiving
these materials or choose not to receive them, please contact Brittany Luongo at 852-8687 ext. 121 or
[email protected].
As always, your comments, questions and suggestions are invited.
Death and Taxes
The court noted the threshold requirement of SCPA
1750-b allowing the guardians to make the decision to
withhold life-sustaining treatments had been meet.
Joseph lacks capacity to make health care decisions,
and he has a medical condition other than mental
retardation which requires life sustaining treatment or
he will die within a relatively short period.
Because this was an appeal from a non-jury trial, the
Catholic Lawyers
Schedule Red Mass
Most Rev. Richard J. Malone Th.D., will be the
principal celebrant and homilist at the annual Red
Mass to be held on Thursday, September 26 at
12:05 p.m. at St. Joseph’s Cathedral. Hon. Thomas
P. Franczyk, Erie County Court Judge, will speak on
behalf of the judiciary at the close of the Mass.
Area lawyers, judges and public officials of all faiths,
their staff members, and the general public are invited
to attend. Judges and Justices, attired in their judicial
robes, are invited to participate in the opening procession with the bishop.
The St. Thomas More Guild, an organization for
Catholic lawyers in the Diocese of Buffalo, sponsors the
Red Mass, which is offered each fall to “invoke divine
guidance and strength for those entrusted with the
responsibility of the legal and judicial systems.”
Named for the color of the vestments worn by the
celebrants, the Red Mass dates back to 13th Century
France. The custom was adopted by the English
Courts in 1310. Its first celebration in the United States
was in New York City in 1928.
Appellate Division’s scope of review is very broad. The
court reviewed the trial testimony and determined
that, while there was the possibility of pain and
unpleasant measures, such as deep suctioning and
restraints, and the risk of peritonitis, there was an
excellent prognosis of many years of life. Further, the
physician had testified there was no medical justification to withhold life-sustaining care.
The court determined that the guardians and the
hosptial had failed to establish by clear and convincing
evidence that any of the factors they had presented,
alone or in combination, proved the extraordinary
burden necessary to withhold life-sustaining treatment.
Milczarski v. Walaszek, 2013 NY Slip Op
5390 (4th Dept., 2013)
In this wrongful death action, the defendant
sought dismissal of the complaint insofar as it sought
damages for family members due to loss of support,
guidance and companionship of the decedent. Niagara
County Supreme Court (Kloch, A.J.) denied the
motion, and the Fourth Department affirmed.
Under EPTL 5-4.3(a), wrongful death damages are
limited to “fair and just compensation for pecuniary
damages resulting from the decedent’s death to the
person for whose benefit the action is brought.” The
Fourth Department explained that “pecuniary loss” is
defined as “the economic value of the decedent to each
distributee at the time the decedent died.”
(Huthmacher v. Dunlop Tire Corp., 305 A.D. 2d
1175), and includes loss of income and financial
support, loss of household service, loss of parental
guidance. . . .”
The court noted “Generally, because it is difficult to
provide direct evidence of wrongful death damages, the
calculation of pecuniary loss is a matter resting
squarely within the province of the jury…”
For further information about the St. Thomas More
[B]
Guild, visit www.stthomasmorewny.org.
The court concluded these were issues of fact as to
whether the decedent’s brother suffered pecuniary loss,
given the evidence of his longstanding close and interdependent relationship with the decedent.
St. Thomas More Guild Inc.
In Re: Donald G. Huber, U.S. Bankruptcy
Ct. (W. Dist. WA 2013)
An Organization for Lawyers
in the Diocese of Buffalo, New York
President
Directors
John J. Aman
K. John Bland
Laurie Styka Bloom
Vice President
James J. Contino
J. Michael Lennon II
J. Patrick Lennon
Katherine M. Liebner
Secretary
Daniel T. Lukasik
Craig R. Bucki
Michael L. McCabe
Hon. Patricia A. Maxwell
Susan C. Ministero
Nelson E. Schule, Jr.
Treasurer
David C. Mineo
John L. Sinatra, Jr.
Mary L. Slisz
Vincent J. Sorrentino
Kevin W. Spitler
Donna Hoelscher Suchan
Cornelia Farley
SAVE
THE
While our primary focus is upon western New York
cases, this is a case involving an asset protection trust
which we thought might be of interest to our readers.
Donald Huber, a resident of the state of Washington,
created an irrevocable trust of which his son, Kevin,
and the Alaska U.S.A Trust Company were named the
trustees, and he put a substantial amount of his assets
into the trust. The trust agreement provides that Alaska
law would be applicable to the trust. The trust agreement also gave the trustees discretion to make distributions to Mr. Huber, and the ultimate beneficiaries
were Mr. Huber’s children and stepchildren. At various
times, Mr. Huber received distributions from the trust.
At the time the trust was created, there was threatened litigation against Mr. Huber, and he was a guarantor on bank loans that appeared likely to be the
subject of foreclosure.
Mr. Huber got into financial difficulties, and filed for
Chapter 11 bankruptcy, which was later converted to
Chapter 7. The trustee in bankruptcy filed a motion
seeking to bring the trust assets into the bankrupt
estate.
PAGE 23
The trustee in bankruptcy contended that the trust
should be invalidated under Washington law. Like New
York, Washington law provides that a self-settled trust
is subject to the claims of creditors. Alaska law, on the
other hand, does not.
The court, citing Marine Midland Bank v. Portnoy,
201 B.R. 685 (Bankr. S.D.N.Y. 1996), held that it
would disregard the settlor’s choice of Alaska law, and
apply Washington law in determining the trustee’s
claim regarding the validity of the trust. The court
noted Mr. Huber’s lack of connection with Alaska, other
than creating the trust there.
The court further ruled that the transfer to the trust
was in defraud of creditors. The court brushed aside
Mr. Huber’s argument that his reliance upon legal
counsel in creating the trust negates fraudulent intent,
finding such reliance not to have been in good faith.
The facts of this case are fairly egregious. But the
discussion by the court of the lack of any significant
contacts between Mr. Huber and Alaska, and comments about the strong public policy of Washington
with regard to self-settled trusts, may give some pause
to New York Settlors of asset protection trusts.
Matter of Estate of LaDelfa, 2013 NY Slip
Op. 4485 (4th Dept., 2013)
It is not often that a court generously admits error,
but that is what the Fourth Department did in this
decision.
The Surrogate settled the account of the administrator of the estate, and in so doing, denied the objectant’s
claim for unpaid rents allegedly due him. The objectant appealed and - in an earlier decision the Fourth
Department reversed, holding that once the
Objectant’s claim was allowed by the administrator,
and no parties who would be adversely affected by the
claim objected to it – the claim was prima facia valid,
and the Surrogate was required to confirm the
allowance. The Appellate Division remitted to the
Surrogate’s Court for further proceedings.
Upon remand, the Surrogate refused to sign the petitioner’s proposed decree settling the accounting which
had disallowed the claim, citing Stortecky v. Mazzone,
85 NY2d 518, and denied the objectant’s subsequent
motion seeking approval of his claim.
The objectant again appealed to the Fourth
Department, which this time said that they had been
wrong earlier, and that the Surrogate was right to rely
upon the Stortecky decision.
In Stortecky, the Court of Appeals held that the
Surrogate has an independent statutory duty under
SCPA 2111 to settle the account as justice requires, and
that to require the Surrogate to “rubber stamp” the
account because the parties do not object to it would
vitiate that statutory directive.
The Appellate Division went on to say that the
Surrogate was not required to follow the earlier decision of the court under the doctrine of “law of the
case,” noting, “We recognize that our earlier decision
was ‘clearly erroneous’ as shown by contrary authority
emanating from the Court of Appeals, whose rulings
are controlling.” The court also noted that the correction of the error would create no injustice because the
positions of the parties had not changed in reliance
upon the earlier ruling.
[B]
DATE
A N N UA L R E D M A S S
Thursday, September 26, 2013
12:00 p.m.
St Joseph Cathedral
Most Rev. Richard J. Malone, Th. D.
Celebrant
Judicial Remarks:
Hon. Thomas P. Franczyk
Erie County Court Judge
FOR FURTHER INFORMATION,
contact Cornelia Farley at [email protected]
or visit our website at www.stthomasmorewny.org.
Photo by Glenn Edward Murray ©2013
PAGE 24
Bench and Bar
Bennett
Schechter
Arcuri
James Bennett, Joel Schechter,
Kristin Arcuri and Pauline Will
have formed a new firm, Bennett
Schechter Arcuri & Will LLP, located
in the Larkin Center of Commerce at
701 Seneca Street in downtown
Buffalo. Leah Bouquard, Aaron
Will
Felmet, Brian Minehan and Brian
Alterio are associates with the firm
and Benjamin Hoey and James Granville are of
counsel. The firm focuses on transportation and insurance defense, family and matrimonial law, wills and
estates, residential and commercial real estate, and
corporate law.
Shah
Jennifer A. Shah, a litigation
attorney with Phillips Lytle LLP, has
been named to the board of the
Explore & More Children’s Museum
in East Aurora. A former trial attorney in the Torts Branch of the U.S.
Department of Justice’s Civil
Division, Shah received her J.D. from
Vanderbilt University School of Law, where she served
as managing editor of the Law Review. She earned her
B.A., cum laude, from Williams College.
Craig R. Bucki of Phillips Lytle
LLP, received the American Bar
Association’s State and Local
Government Law Section’s 2013
Jefferson B. Fordham Award for
Advocacy at the group’s recent annual meeting in San Francisco. Bucki
Bucki
was selected “in recognition of outstanding legal advocacy” in this area
of law. His practice focuses on litigation involving state
and municipal government. Bucki received his J.D.
from Columbia University School of Law and his B.A.,
magna cum laude, from Yale University.
Schoenborn
Holly L. Schoenborn and
Colleen M. Malchow have joined
Cantor, Dolce & Panepinto as associates. Graduates of the SUNY Buffalo
Law School, both Schoenborn and
Malchow focus their practices on
representing injured claimants in the
workers’ compensation system. They
will continue to handle workers’
compensation claims at Cantor,
Dolce & Panepinto.
[B]
Malchow
Foundation Contributions to Benefit Profession
Contributions to the Erie County Bar Foundation provide an excellent
vehicle for recognizing and honoring members of our profession.
Memorial gifts to the Foundation become a lasting tribute to the entire
legal profession, as funds are used exclusively to assist attorneys and
promote understanding of our legal system.
The Foundation gratefully acknowledges
the following contributions:
In Honor of Kathleen M. Sweet
upon the successful completion
of her term as President of the
Bar Association of Erie County:
Maryann Saccomando Freedman
In Honor of Richard F. Griffin
upon his receiving the Charles H.
Dougherty Civility Award:
Robert J. Kresse
In Honor of Helen FerraroZaffram being named Lawyer of
the Year:
In Honor of Hon. William M.
Skretny upon his receiving the
Outstanding Jurist Award:
Raymond L. Fink
Robert P. Freedman &
In Honor of Scott M. Schwartz
upon his receiving the Charles H.
Dougherty Civility Award:
In Memory of Hon. Frank A.
Sedita, Jr. (Father of Frank A.
Sedita, III):
Anthony D. Mancinelli
Bar Association of Erie County
Candy Vogel & Howard Yood
Coleman Volgenau
Hon. Anthony F. Tauriello
Hon. Joseph A. Tauriello
John J. Carney
Mark Carney
Mary Carney
Michael J. Flaherty
Mr. & Mrs. Daniel B. Tauriello
Mr. & Mrs. Daniel A. Mancinelli
Personius Melber LLP
Regina A. Del Vecchio
Robert P. Freedman &
Sandra & Victor Silverstein
Shaw & Shaw PC
Vincent E. Doyle III
In Memory of Jay E. Brett:
Coleman Volgenau
Lauren D. Rachlin
In Memory of Lawrence W. Bloch
(Father of Hon. Lisa Bloch Rodwin):
In Memory of Eric T. Dadd:
Jillian E. Brevorka
Peter J. Brevorka
In Memory of Monica Buckley
Watson (Daughter of Jim &
Maryellen Buckley):
David R. Pfalzgraf
In Memory of William Shapiro:
Lauren D. Rachlin
In Memory of Lowell Grosse:
Coleman Volgenau
Victor A. Rossetti
Victor C. Silverstein
In Memory of Frank T. Gaglione:
Raymond L. Fink
In Memory of Julian J. Sugarman:
Bernard B. Freedman
Jillian E. Brevorka
Peter J. Brevorka
In Memory of Benjamin J. Wiech:
Daniel D. Shonn, Jr.
In Memory of Francis J. Offermann, Jr.:
Coleman Volgenau
David R. Pfalzgraf
Heidi Mahon
Hon. Sharon B. Bradlee Townsend
Jillian E. Brevorka
Jim & Mary Shea
Joel L. Daniels
Lauren D. Rachlin
Peter J. Brevorka
Scott M. Schwartz
Edward C. Cosgrove, principal
of The Cosgrove Law Firm, was
recently commended by the Buffalo
Chapter of the Federal Bureau of
Investigation Agents Association for
Exemplary Character and Service.
Cosgrove was cited for his represenCosgrove
tation of several FBI agents.
Formerly District Attorney of Erie
County and also a former FBI agent, Cosgrove
focuses his practice on the management of civil
and criminal crisis. He has also received the highest
possible peer review rating in legal ability and
ethical standards by Martindale-Hubbell for 32 consecutive years.
[B]
Are You An Attorney
Struggling With
Depression?
If so, you’re definitely not alone. A recent
Johns Hopkins study of 108 occupations
found that lawyers topped the list of those
who suffered from depression. Attorneys
were found to suffer from depression at a
rate of four times that of the general population.
Depression is a treatable illness and the
right combination of medications and therapies can significantly improve the quality
of life for those who suffer from it.
Help and support are just a phone call
away. The Lawyers with Depression
Support Group meets on a weekly basis to
share stories and fellowship. The group
meets every Friday (except holidays). See
the calendar on page 28 for meeting dates,
times and locations.
If you or a colleague are struggling with
depression, there is no need to suffer in
silence. For further information, visit
www.lawyerswithdepression.com or contact
Daniel T. Lukasik at 847-1010. All calls are
strictly confidential. We invite you to join us
and share your story.
In Memory of Leona Maxwell
(Mother of Michael Maxwell and
Widow of Former Magistrate Ed
Maxwell):
Lauren D. Rachlin
In Memory of Arthur F. Dobson, Jr.:
Anthony M. Nosek
Coleman Volgenau
David R. Pfalzgraf
Joel L. Daniels
Raymond L. Fink
In Memory of Max T. Cohen
(Son of Michele A. Brown):
The Canisius Crew Bunco Moms
Become a
Contributing Member!
The BAEC bylaws confer “contributing member”
status on any member who resides or maintains an
office in Erie County and elects to pay an additional
$50 in annual dues to help support Association programs. Contributing members have the same rights and
privileges as regular members and “such additional
rights and privileges as the board of directors shall
bestow,” including
special
recognition
in
the Bulletin, annual dinner program and other
publications.
PAGE 25
2013 LSED Golf Tournament
Another successful LSED Golf Tournament, held
in conjunction with the Bar Association of Erie County,
took place over the summer at the Wanakah Country
Club. According to organizers, “it was a perfect
day…the staff at Wanakah ensured that the sold-out
crowd had a fantastic time at the event.”
Congratulations to the winners!
First Place Team – (64) (Scorecard tiebreaker)
John Brady
Sanford L. Clark
Thomas F. Keefe
Giles P. Manias
Second Place Team – (64) (Scorecard tiebreaker)
John E. Ballow
Daniel J. Furlong
Hon. Joseph R. Glownia
Paul K. Isaac
Closest to the Pin
Men’s – Philip Scaffidi
Women’s – Ruthanne Wannop
Longest Drive
Men’s – Kyle Byrns
Women's – Kathleen Biryla
Thank you to all who golfed, bought an ad,
sponsored a tee sign, or made a donation to help the
most vulnerable in our community: the poor, the
abused and the infirm. We hope to see you all at next
year’s tournament!
Welcome
Special thanks to our sponsors:
New Members
Platinum Sponsor — $5,000
The M&T Charitable Foundation
The Bar Association
of Erie County is pleased
to welcome the
following new members:
Gold Sponsor — $2,500
Pfalzgraf Beinhauer & Menzies, LLP
Mark R. Affronti
Silver Sponsors — $1,500
AXA Advisors
Family Choice of New York
Gibson, McAskill & Crosby, LLP
Gurney, Becker & Bourne
Hodgson Russ LLP
Jaeckle Fleischmann & Mugel, LLP
KenneySheltonLiptakNowak, LLP
Phillips Lytle LLP
Cocktail Sponsor — $1,250
Jensen, Marks, Langer & Vance LLC
Matthew Albert
Jeanna Marie Cellino
Thomas M. Finnerty
Grace M. Gannon
Dennis P. Harlow
Thomas Hughes
Ryan D. Ledebur
William J. Mariani, II
Dinner Sponsor — $ 1,250
Magavern Magavern Grimm LLP
Ryan K. Parisi
Sean Pheils
Program Sponsor
Rapid Ray’s Printing and Copying, Inc.
Frank A. Strano
Alan Williams
Mengyi Xu
It’s great to belong to something this good.
The first place team, from left, Giles P. Manias, Karen L.
Nicolson filling in for John Brady, Sanford L. Clark, and
Thomas F. Keefe.
The second place team, from left, John E. Ballow, Hon.
Joseph R. Glownia, Paul K. Isaac and Daniel J. Furlong.
PAGE 26
ERIE INSTITUTE OF LAW
PROVIDING CONTINUING LEGAL EDUCATION FOR YOUR PROFESSIONAL ADVANTAGE
PLEASE NOTE: The Erie Institute of Law is unable to issue partial credit for seminars, except for multiple session programs such as the Tax and
Leadership Institutes. If you have questions about whether a program qualifies for partial credit, please call Mary Kohlbacher at 852-8687.
Date/Time/Location
Topic
CLE Credits
Wednesday, September 4, 2013
9:00 a.m. – 12:00 p.m.
Hyatt Regency Buffalo
2 Fountain Plaza
Buffalo, NY
2013 Update on Civil Practice and Procedure
(Live Seminar presented by Steven P. Curvin)
Thanks to our sponsor, Counsel Press
3.0 credits
Live Seminar:
$65 members
$100 non-members
Webcast: $95 members
$130 non-members
Tuesday, September 10, 2013
1:00 p.m. – 2:00 p.m.
Adelbert Moot CLE Center
438 Main St.
Buffalo, NY
Tablets: Not Just Yellow Pads Anymore
(Midday Learning presented by Robert E. Knoer
and Verizon Wireless)
1.0 credit
Live Seminar:
$20 members
$25 non-members
$35 non-members
Wednesday, September 11, 2013
1:00 p.m. – 3:00 p.m.
438 Main St.
Buffalo, NY
Mandatory E-Filing in Erie County Supreme Court
(Midday Learning presented by Andrew B. Isenberg
and Daniel J. Marren)
2.0 credits
Live Seminar:
$45 members
$70 non-members
$80 non-members
9:00 a.m. – 12:30 p.m.
438 Main St.
Buffalo, NY
Getting the Right So you Don’t Jack up Your Life Ethics Seminar
(Live Seminar presented by Solo and
Small Firm Practice Committee)
3.5 credits
Live Seminar:
$65 members
$100 non-members
$130 non-members
Tuesday, September 17, 2013
1:00 p.m. – 2:00 p.m.
438 Main St.
Buffalo, NY
Apps for Lawyers/Creating a Law Firm App
(Midday Learning presented by Solo and
Small Firm Practice Committee)
1.0 credit
Live Seminar:
$20 members
$25 non-members
$35 non-members
9:00 a.m. – 12:00 p.m.
438 Main St.
Buffalo, NY
Electronic Discovery & Technology for the Ethical Lawyer: Exploring 3.0 credits
Metadata, Demands, Cloud Computing, Social Media and the Ethical
Issues Surrounding it All
(Live Seminar presented by the Young Lawyers Committee)
Live Seminar:
$65 members
$100 non-members
$130 non-members
Friday, September 20, 2013
9:00 a.m. – 1:00 p.m.
Hyatt Regency Buffalo
2 Fountain Plaza
Buffalo, NY
Winning Opening Statements and Closing Arguments
(Live Seminar presented by Ronald H. Clark)
Live Seminar:
$80 members
$110 non-members
$130 non-members
Friday, September 20, 2013
10:00 a.m. – 2:00 p.m.
438 Main St.
Buffalo, NY
What the Heck is Active Participation?: A Symposium
4.0 credits
on Labor Market Attachment
(Live Seminar presented by the Workers’ Compensation Committee)
4.5 credits
Price
Live Seminar:
$80 members
$110 non-members
This seminar not available
via webast
Check our calendar for updates and added programming at www.eriebar.org
✃
Erie Institute of Law Registration Form
Please register me for the following Erie Institute of Law sponsored events:
1. ___________________________________________________ 2. _________________________________________________ 3. _____________________________________________
Name:______________________________________________
Firm:_______________________________________________
Street Address:__________________________________________________________________________________
City: _______________________________________________State: ______________________Zip:_____________
Phone: _____________________________________________E-mail:______________________________________
Enclosed is my check in the amount $_______________ [ ] Check enclosed Charge my: [ ] Visa
[ ] MasterCard
Card Number:__________________________________________ Exp. Date:______________________ Cardholder Signature:___________________________________________
Cancellation Policy: If you are unable to attend a seminar for which you have already registered, The CLE department at 852-8687. For a full refund, notice of your
cancellation must be received before the date of the program. Registrants who are pre-registered and fail to attend will receive course materials in lieu of a refund.
Mail or Fax to: Erie Institute of Law, 438 Main Street, Sixth Floor, Buffalo, New York 14202, (716) 852-8687, Fax (716) 852-7641.
PAGE 27
LISTEN, LEARN & EARN!
In today’s competitive, fast-paced legal environment, effective time management is essential. Take advantage of the
Erie Institute of Law tape library and start earning your CLE credits when the time is convenient for you.
The Erie Institute of Law is now offering our most recent CLE seminars on CD, cassette tape and DVD.
All of our seminars are professionally edited and are accompanied by a full set of written course materials.
Appellate Practice in the Fourth
Department (The Former Law
Clerks’ Perspective)
Product Code 2210
Presented on June 27, 2013
3.0 CLE Credits: 1.0 Areas of Professional
Practice, 2.0 Skills
Available on CD only
$100 BAEC Members, $155 Non-Members
The 23rd Annual Real Estate Conference follows
the highly-rated format of earlier Real Estate
#2191 – On April 11, 2012, William Ilecki of
Conferences. The topics have been varied and are
entirely different from those presented at prior
April Orlowski of William Mattar’s Office covered
Retaining & Charging Liens in the second
session of the series.
programs.
Getting Paid: A Series on Ethics
and Practice Management Issues
#2192 – On May 16, 2012, the third and final
segment of the “Getting Paid” series was presented
by Deanne Tripi, who presented Grievances &
Fee Disputes.
Product Codes 2190, 2191 and 2192
Entire Series Product Code 2193
Learn about Appellate Practice in the Fourth
Department from the perspective of former law
Presented on April 4, April 11 and May 16, 2012
Entire Series 6.0 CLE Credits: 3.0 Ethics,
clerks! Our experienced presenters cover brief
writing, issue preservation and motion practice.
A panel discussion on career paths concludes this
3.0 Law Practice Management
Each Session separately 2.0 CLE Credits:
1.0 Ethics, 1.0 Law Practice Management
informative program, which will benefit both civil
and criminal practitioners.
Available on CD only
To purchase entire series: $140 BAEC Members,
23rd Annual Real Estate Conference
$200 Non-Members
To purchase per session: $50 BAEC Members,
$100 Non-Members
Product Code 2208
Presented on March 23, 2013
6.0 CLE Credits: 1.0 Ethics, 2.5 Areas of
Professional Practice, 2.5 Skills
Available on CD, and DVD
Chiari and Ilecki discussed Collections and
(Please specify which part by product code when
ordering)
Defending the DWI Defendant:
From the Basics through Recent
Developments
Product Code 2188
Presented on December 11, 2011
4.5 CLE Credits: 1.0 Ethics, 3.5 Skills
Available on CD, and DVD
Topics covered during the seminar include:
#2190 – On April 4, 2012, Allison Shields of Legal
Ease Consulting presented Retainers & Billing, the
first session of the three-part series.
• Getting Your Client Through It All:
From the Late Night Phone Call Through
License Restoration
• DWI Statutory and Case Law Update
• Direct and Collateral Consequences of DWI
• Defending the DWI: Motion Practice; and
• Ethical Representation of Your Client.
Highly knowledgeable practitioners present several
current topics in the area of real estate practice.
To order, please send check payable to: The Erie Institute of Law • 438 Main Street, Sixth Floor • Buffalo, NY 14202
Be sure to include your name and address for mailing purposes; add $5 shipping and handling for each tape purchased. Tapes are mailed via UPS, no P.O. boxes please. To order by phone using your
Visa or MasterCard, call the CLE department at 852-8687.
For a complete listing of taped CLE programs, visit our Web site at www.eriebar.org and click on the Continuing Legal Education link or call the CLE department at 852-8687.
N E W C ATA L O G AVA I L A B L E N O W !
The Buddy System
For CLE Audio Tapes
Accreditation for viewing a CLE tape is handled on an
individual basis. Each lawyer must pay the requisite fee,
fulfill the requirements for accreditation, and acquire
and retain his or her own certificates of completed
continuing legal education activity.
However, as a service to our members who wish
to participate in group or sequential viewing of
CLE tapes, the Erie Institute of Law offers the
following alternative: One member in the group
may purchase the audio tape of their choice,
paying the listed price; all other members in the
viewing group who wish to receive accreditation
for viewing the tape will receive a $30 discount.
One set of audiotapes will be mailed along with
course materials for each participant.
Buddy System
Registration Form
Name: _____________________________________________________________________________________________
Each additional participant:
2. __________________________________________________ 3. _____________________________________________
4. __________________________________________________ 5. _____________________________________________
Shipping Address (No P.O. boxes please, due to UPS shipping):
Firm:_______________________________________________________________________________________________
Street Address: _____________________________________________________________________________________
City: _______________________________________________State: ______________________Zip:________________
Phone: _____________________________________________E-mail: _________________________________________
All tapes will include course materials. Please indicate
the audio tape/CD/Video(s) product code of your choice: ______________________________________________
Total amount enclosed (Please add $5 per tape for shipping): $ ___________________________________________
[ ] Check enclosed Charge my: [ ] Visa
[ ] MasterCard
Credit Card #:____________________________________________________________________Exp. Date: __________
In order to administer CLE credit, the names of all
participating attorneys must be given at the time of
purchase. No more than five people per tape allowed.
The Buddy System applies to programs costing
$110 and up.
Name (as it appears on card): ___________________________________________________________________________
Signature: ___________________________________________________________________________________________
Mail form to: The Erie Institute of Law • 438 Main Street, Sixth Floor • Buffalo, NY 14202
PAGE 28
Save the Date
The Judicial Candidates’ Luncheon has been
scheduled for Wednesday, October 23 at the
Hyatt Regency Buffalo. Hon. Frank Caruso
will once again serve as Roastmaster.
Albright-Knox by Glenn Edward Murray ©2013
SEPTEMBER 2013
ALL MEETINGS HELD IN THE BAR CENTER
, 438 Main Street, Sixth Floor, unless
other
wise noted. The Adelbert Moot CLE Center is also located at 438 Main Street, Sixth Floor.
MONDAY 2
WEDNESDAY 11
WEDNESDAY 18
TUESDAY 24
Labor Day – Office Closed
Intellectual Property, Computer &
Entertainment Law Committee
12:15 p.m. – Charles van Ee, Chair
Erie County Bar Foundation
8:00 a.m. – Gregory L. Brown,
President
Board of Directors
8:00 a.m. – Michael J. Ryan,
President
Health Care Law Committee
12:15p.m. – Bar Center, Brennan
Room
William Patrick Keefer, Chair
Appellate Practice Committee
12:15 p.m. – Bar Center, Brennan
Room
Timothy P. Murphy, Chair
Elder Law Committee
12:15 p.m. – Jillian E. Brevorka,
Chair
FRIDAY 6
FRIDAY 13
October Bulletin Deadline
Committee for the Disabled
12:15 p.m. – Adelbert Moot CLE
Center
Lynn M. Kwon-Dzikiy, Chair
Unlawful Practice of Law Committee
12:15 p.m. – Marc Shatkin, Chair
THURSDAY 5
Negligence Committee
Center
Kathleen M. Reilly, Chair
Commercial & Bankruptcy Law
Committee
12:15 p.m. – James C. Thoman,
Chair
Committee to Assist Lawyers with
Depression
12:30 p.m. – Daniel T. Lukasik, Chair
MONDAY 9
Professional Ethics Committee
12:15 p.m. – Howard B. Cohen, Chair
Depression
MONDAY 16
Banking Law Committee
12:15 p.m. – Offices of Phillips Lytle
LLP
Pietra G. Lettieri, Chair
TUESDAY 10
TUESDAY 17
Board of Directors
8:00 a.m. – Michael J. Ryan,
President
Corporation Law Committee
12:15 p.m. – Offices of Hodgson Russ
Julie M. Davis, Chair
Real Property Law Committee
Center
Keri D. Callochia, Chair
Matrimonial & Family Law
Committee
12:15 p.m. – 25 Delaware Ave, 5th
Floor
Michelle Schwach Miecznik, Chair
Labor Law Committee
12:15 p.m. – Heather A. Giambra,
Chair
Criminal Law Committee
12:15 p.m. – Old Surrogate Court
Courtroom
1st Floor of 92 Franklin Street.
John R. Nuchereno, Chair
Federal Practice Committee
Center
Timothy J. Graber, Chair
THURSDAY 19
Committee on Veterans’ & ServiceMembers’ Legal Issues
Room
Joseph D. Morath, Co-Chair
David J. State, Co-Chair
Environmental Law Committee
Center
Jeffrey C. Stravino, Chair
WEDNESDAY 25
P&P in Family Court Committee
12:15 p.m. – Family Court Building
Tina M. Hawthorne, Chair
Human Rights Committee
12:15 p.m. – Sophie Feal, Chair
Flu Shot Clinic
10:00a – 3:00p, 12th Floor
THURSDAY 26
FRIDAY 20
Young Lawyers Committee
12:15 p.m. – Elizabeth M. Midgley,
Chair
Depression
MONDAY 23
Alternative Dispute Resolution
Committee
12:15 p.m. – Bridget M. O’Connell,
Chair
P&P in Surrogate’s Court Committee
12:15 p.m. – 438 Main Street, 12th
Floor
David H. Alexander, Chair
Solo & Small Firm Practice
Committee
Room
Jennifer P. Stergion, Chair
FRIDAY 27
Depression
www.eriebar.org

September 2013 - Bar Association of Erie County

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