Philadelphia - Fox Rothschild LLP

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Philadelphia - Fox Rothschild LLP
Philadelphia
®
The Monthly Newspaper of the Philadelphia Bar Association
Vol. 41, No. 11
Bench-Bar Draws Top Speakers
Innocence
Project’s
Glazer Gets
Bar Honor
Richard C. Glazer, the first elected chair of the Philadelphia Board of Ethics and executive director of the Pennsylvania Innocence Project, has been named
as the recipient of the PNC Achievement
Award to be presented at the Philadelphia
Bar Association’s Annual Meeting Luncheon on Tuesday, Dec. 4.
The PNC Achievement Award honors
significant accomplishments in improving
the administration of justice (preferably
in Philadelphia) and distinguished service
consistently rendered over a considerable
period of time or a single outstanding
achievement in a particular year.
“I’m immensely proud of what we’ve
accomplished,” Glazer told The Philadelphia Inquirer in October. “I think there’s
real, convincing evidence that the (ethics)
continued on page 10
In This Issue
5 2012 Bench-Bar
8 Public Interest Day
9 Youth Courts
11 Fighting Corruption
Photos by Jeff Lyons
Philadelphia Court of Common Pleas President
Judge Pamela Pryor Dembe and Pennsylvania
Supreme Court Chief Justice Ronald D. Castille
(above, seated) were joined for a State of the
Courts report by Philadelphia Municipal Court
President Judge Marsha H. Neifield (standing
from left) Pennsylvania Superior Court President Judge Correale F. Stevens and Pennsylvania Commonwealth Court President Judge
Dan Pellegrini at the closing luncheon at the
Bench-Bar & Annual Conference on Oct. 6.
Chancellor-Elect Kathleen D. Wilkinson, Vice
Chancellor William P. Fedullo, keynote speaker
Ann Compton of ABC News and Chancellor
John E. Savoth meet before Compton’s remarks
at the opening luncheon on Oct. 5 at Revel in
Atlantic City. More than 450 people attended.
See Pages 5 through 7 for coverage.
November 2012
13 Bar Elections
22 Shear Gratitude
2
Philadelphia Bar Reporter November 2012
philadelphiabar.org
Editor-in-Chief
Heather J. Austin, Esq.
Editor Emeritus
Bruce H. Bikin, Esq.
Associate Editors
Asima Panigrahi, Esq.
Ria C. Momblanco, Esq.
Regina Parker, Esq.
Thomas L. Bryan, Esq.
Edward P. Kelly, Esq.
Julia Swain, Esq.
Angie Halim, Esq.
Mary-Kate Breslin, Esq.
Contributing Editor
Richard Max Bockol, Esq.
Advisory Editors
Sunah Park, Esq.
Molly Peckman, Esq.
Associate Executive Director,
Communications
Mark Tarasiewicz
Senior Managing Editor,
Publications
Jeff Lyons
Executive Director
Kenneth Shear
The Philadelphia Bar Reporter (ISSN 10985352) is published monthly and available by
subscription for $45 per year by the Philadelphia Bar Association, 1101 Market St., 11th
floor, Philadelphia, PA 19107-2911. Periodicals
postage paid at Philadelphia, PA POSTMASTER:
Send address changes to Philadelphia Bar Reporter, c/o Philadelphia Bar Association, 1101
Market St., 11th floor, Philadelphia, PA 191072955. Telephone: (215) 238-6300. Association
Web site: philadelphiabar.org. Newspaper email address: [email protected] The editorial and other views expressed in the Philadelphia Bar Reporter are not necessarily those
of the Association, its officers or its members.
Advertising rates and information are available
from Don Chalphin at American Lawyer Media,
1617 JFK Boulevard, Philadelphia, PA, 19103.
Telephone: (215) 557-2359 or e-mail [email protected]).
Page 1 skyline photo by Edward Savaria, Jr./PCVB
Tell Us
What You Think!
The Philadelphia Bar Reporter
welcomes letters to the editors for
publication. Letters should be typed.
There is no word limit, but editors
reserve the right to condense for
clarity, style and space considerations.
Letters must be signed to verify
authorship, but names will be withheld
upon request. Letters may be mailed,
faxed or e-mailed to: Jeff Lyons, Senior
Managing Editor, Philadelphia Bar
Reporter, Philadelphia Bar Association,
1101 Market St., 11th floor, Philadelphia, PA 19107-2955. Phone: (215)
238-6345. Fax: (215) 238-1159. E-mail:
[email protected]
philadelphiabar.org
Frontline
Help Ensure a Fair Election in Pa.
by Volunteering at Polls on Nov. 6
With last month’s decision by Pennsylvania Commonwealth Court allowing
the state’s registered voters to cast a ballot
on Election Day with or without a photo
ID, the focus is now on voter education
and energizing voter participation on
Election Day, Nov. 6.
Your Association has been part of a
statewide collection of approximately
175 groups and organizations, let by the
Committee of Seventy, that are concerned
about the impact of the state’s voter ID
law on Pennsylvania voters. The Coalition has worked continually with the
Pennsylvania Department of State, and
achieved a number of key modifications
and changes to help improve the state’s
administration of the new voter ID law.
As we know, poll workers will still ask
voters for a photo ID, but most voters
can use the voting machines without one.
The only exceptions are if you are a firsttime voter, or voting for the first time at a
new polling place. In that case, you must
show an acceptable form of ID to vote.
Acceptable forms of ID – which can be
either a photo or non-photo ID – include
a Pennsylvania driver’s license, a photo ID
card issued by the Department of State,
a current utility bill, bank statement or
paycheck, among others. The non-photo
IDs must contain the voter’s name and
address.
Unfortunately, massive confusion and
mixed messages still persist about whether
photo ID will be required to vote. To
compound the problem, some community messages are providing wrong
information about the law and what is,
and can be, required and asked of voters
to exercise their right to
is critical if the voter ID
By John E. Savoth
vote. law is in effect for future
Pennsylvania’s voting
elections.
laws prohibit disseminaThe polls are open
tion of false or misleading
from 7 a.m. to 8 p.m.
information to the elecAttorneys can sign up for
torate about voting. Ata shift in the morning
torneys are needed to help
(7-11:30 a.m.), afternoon
clarify the current state of
(11:30 a.m.-4 p.m.) or
the law and help protect
evening (4-8 p.m.).
the rights of voters. For more information,
To this end, we’ve
or to register to volunteer,
partnered with the Comvisit Seventy’s website at
mittee of Seventy’s nonpartisan Voter
www.seventy.org/volunteer, or contact
Protection Program to issue a “Call to
Luke McKinstry at [email protected]
Action” seeking attorney-volunteers on
org or 215-557-3600, ext. 112; or Molly
Election Day to help ensure fair and free
Morrill at [email protected] or 215elections.
557-3600, ext. 107.
The goal of the Voter Protection
In 2008, with one of the most energizProgram is to help solve issues that could
ing campaigns for president in history,
prevent registered voters from voting and
only 68 percent of eligible Pennsylvania
to collect data to improve future elections.
voters turned out to vote. We can and
Volunteer lawyers are needed to serve
should do better than that on Election
as either Field Volunteers or Exit Poll VolDay.
unteers. Field Volunteers work in teams
With voter ID on hold for now, the
of two-to-three members and are assigned
focus should now be on voter education
to cover specific geographical areas. The
and encouraging every registered voter to
team monitors polling place activity, anparticipate in the elective process.
swers voters’ questions, helps settle minor
The Philadelphia Bar Association pasdisputes and directs more complicated
sionately supports clean and fair elections.
problems to the proper law enforcement
Attorneys are essential to sharing correct
authorities. Volunteers are especially
information throughout the voting
needed to cover polls in Philadelphia’s
process. Please volunteer to help Southfour suburban counties.
eastern Pennsylvania voters during this
Exit Poll Volunteers are stationed at
pivotal election.
polling places to get a true picture of who
has a photo ID (and who would have
John E. Savoth ([email protected]), of counbeen able to show one if required in order
sel to Saltz, Mongeluzzi, Barrett & Bendesky,
to vote) and how many voters truly need
P.C., is Chancellor of the Philadelphia Bar
it going forward. Accurate information
Association.
Notice to Potential Judicial Candidates for 2013 Primary
The Commission on Judicial Selection and Retention of the Philadelphia
Bar Association evaluates the qualifications of persons seeking appointment or
election to the Philadelphia Common
Pleas and Municipal Courts.
Individuals who wish to be considered
for appointment or who are considering
filing for the 2013 primary election as
judicial candidates should contact the
Commission on Judicial Selection & Retention, c/o Charles J. Klitsch, Esq., the
Bar Association’s Director of Public and
Legal Services, to obtain a Judicial Evaluation Questionnaire, the Commission’s
Guidelines for Evaluation of Attorney
and Judge Candidates and Bylaws of the
Philadelphia Bar Association.
In order to ensure that each candidate receives a full and fair evaluation,
the completed questionnaire must be
returned by Monday, Dec. 3, 2012 to
“Judicial Commission” at 1101 Market
St., 11th Floor, Philadelphia, PA 191072911. Also, candidates who have previously been evaluated by the Commission
are invited to contact the Association
to determine whether their ratings are
current by calling Mr. Klitsch at (215)
238-6326. Individuals are reminded that
under the Commission’s Guidelines, any
candidates who do not participate in the
Commission’s evaluation process will
receive “Not Recommended” ratings if
they continue to pursue either appointment or election.
Gaetan J. Alfano, Esquire
2012 Chair, Commission on Judicial
Selection and Retention
Clearing the Record: Family law
attorney David C. Berman was misidentified in an article about the Family Law Section in the October edition
of the Philadelphia Bar Reporter. The
Bar Reporter regrets the error.
November 2012 Philadelphia Bar Reporter
3
DEAR COLLEAGUES:
Thank you for your kind support in helping to elect me Treasurer of the Philadelphia Bar
Association for the past three years; Assistant Treasurer for the previous two years; and,
to three years on the Board of Governors. I now seek your support for election to the
Office of Vice Chancellor. If elected, I promise to focus my energy to work for the good
of all members of the association.
Joseph A. Prim
The Philadelphia Bar Association has had much success in working with our court
systems and the leaders of the Bar to advance the profession of law. The Bar Association
has worked hard over the past years in supporting pro bono work; supporting the
independence of the Judiciary; fighting for the rights of all individuals to have full access
to the courts and equal access to justice; and helping members of the legal community to
prosper and grow. I pledge to continue and strengthen each of these efforts, which have
so enriched the legal community.
DUCA AND PRIM, LLP
1500 WALNUT STREET
SUITE 900
PHILADELPHIA, PA 19102
215.735.1155
In addition, I believe it is important to educate members of the public to recognize the
good work that lawyers perform. Most lawyers are not only active in the practice of law
but volunteer to help those in need and are active in their communities. I will encourage
publicizing the good work for which lawyers are responsible. It is important that the
community understands all aspects of what it means to be a Philadelphia Lawyer.
[email protected]
Philadelphia lags behind other cities in this country in global competitiveness. For many,
the practice of law is limited to our immediate jurisdictions. For many others, however,
the practice has grown internationally. Philadelphia is uniquely situated with its physical
location, economic strength, institutional effectiveness and global appeal to be an effective
international business destination. I believe it is important to explore methods that will
help improve the ability of the members of the legal community to serve their clients
across borders. I will prioritize creating initiatives to facilitate the ability of
Philadelphia lawyers to practice in a global environment.
Service as Chancellor of the Philadelphia Bar Association requires the ability to adapt
quickly to change. At the same time, it is important to focus on long term goals. We have
a diverse membership and I promise to serve each of you with your own individual needs:
whether large firm or small; whether a litigator or transactional lawyer; or, whether
public or private. We all serve our clients, our communities and the public at large.
Thank you for your support and I look forward to serving you.
Sincerely,
Joseph A. Prim
4
Philadelphia Bar Reporter November 2012
philadelphiabar.org
2012 BENCH-BAR & ANNUAL CONFERENCE
Compton:
No End to
Gridlock in
Washington
Castille: Funding Increase
Lets Pa. Courts ‘Get By’
■ By Mark A. Tarasiewicz
■ By Jeff Lyons
Longtime ABC News White House
Correspondent Ann Compton talked
about how dysfunctional the political
process has become and offered a peek
behind the scenes in more than 30 years
covering the White House in her keynote
remarks at the opening luncheon at the
Bench-Bar & Annual Conference on
Oct. 5.
“Washington is so broken,” she said.
“I arrived in Washington about the same
time [Bar Association Executive Director] Ken Shear arrived here. I used to
think it was a matter of time, that with
another generation or another swing of
the pendulum, things would get better. I
have now recalculated. A Congress that
cannot pass a simple budget year after
year after year but can quickly hold hearings on what they consider judicial errors
by the Justice Department or talking
about contraceptive services, doesn’t get
things done.”
Compton said the families of members
of Congress often don’t move to Washington anymore. “There isn’t any sense of
community on the ground in Washington. My children in Washington went to
the National Cathedral Schools. And during the election in 1992 where the BushQuayle ticket was being challenged by the
Clinton-Gore ticket, there were three star
lacrosse players at the school. The senior
was Sarah Gore, the junior was Corrine
Quayle and the sophomore was Kristin
Gore. They were a tight pack of three and
they had to shut out all the other political
noise in an election year where one dad
was going to beat the other. That kind
of personal connection in Washington
is missing now. I don’t know if it would
make Congress work a lot better but I
think it would make Congress work a
little better.”
When discussing how the nation has
become so politically divided, Compton
pointed a finger at herself. “Our entire
society is so divided with no middle
WebCheck
philadelphiabar.org
Ann Compton
ground at all. I fear it’s me, it’s the media.
I think it goes back to the Reagan era,
which really nurtured conservative talk
radio. For a generation now, conservative talk radio has become a very potent
political force. That was one beginning
of the divide. And another came in the
very year when Reagan was elected, Ted
Turner started something called the Cable
News Network. There used to be three
cameras when I’d do my report on the
White House lawn at night. Now there
are about 17. All of these offerings of
news 24 hours a day has given Americans
the chance to shop and look for their
comfort zone. Now they’re looking for
more of an ideological home. The major
network numbers have gone down and
down and down. And the cable numbers
show that Americans are going elsewhere
to get their news.”
Compton said she doesn’t see things
returning to normal anytime soon. “I
don’t see where we’re going as a pendulum swinging back and forth. The world
doesn’t work that way anymore. I feel like
I’m in “Star Wars” where they go into
warp speed and you’re going so fast all the
stars are streaking by you. And you don’t
see a destination. That’s the way I feel in
the way the news is moving.”
“And then you add in the Internet. I
never thought Twitter would become a
journalistic tool that would have so much
power. The idea that we can have this
instant communication in the hands of
citizens is a very wonderful Democratic
idea. But it takes away so much of the
judgment, control and standards that
most of us as journalists were raised with.
If you look at the tools of journalism,
people have the ability to go out and see
continued on page 25
Though down five percent from
the previous year, last year’s statewide
court funding increase of three percent
has enabled the court system to “get by”
unlike in other states, according to Pennsylvania Supreme Court Chief Justice
Ronald D. Castille.
“We haven’t had to close one courtroom for one hour,” Castille said. Still, he
said the state had to borrow $38 million
in earmarked funds just to keep computers running.
Castille joined state judicial leaders in
reporting on the “State of the Courts” at
an Oct. 6 closing CLE plenary luncheon
of the Association’s 2012 Bench-Bar &
Annual Conference at Revel in Atlantic
City.
The criminal courts alone collected
more than $470 million in fines, fees,
costs and restitutions last year, Castille
said. In the past 5 years, the court’s state
appropriation was $1.46 billion.
He added that the court has contracted
with the National Center for State Courts
to review the necessity for either less or
more Common Pleas Court judges.
“We really don’t have a handle on how
many Common Pleas judges a county
needs, Castille said. “Philadelphia may
need more, they may need less. But we
can’t say with any intelligence at this
time.”
Castille also said he successfully prevailed upon the governor for a moratorium on all court appointments for interim
judges, saving $7.3 million in the last
legislative cycle.
“I have to give credit to all the judges
of Pennsylvania because they pulled together and they did the work,” he said.
Among other initiatives in the First
Judicial District, fees for court-appointed
counsel were notably raised in homicide
cases, and a bench warrant court has been
continued on page 7
For photos from the 2012 Bench-Bar
& Annual Conference in Atlantic City,
visit facebook.com/philabar
November 2012 Philadelphia Bar Reporter
5
2012 Election
Very Similar
to ‘04 Race,
Polman Says
2012 BENCH-BAR & ANNUAL CONFERENCE
City Courts
Complying
With ABA
Standards
Photo by Jeff Lyons
■ By Jeff Lyons
■ By Christine Soares
The Philadelphia Court of Common Pleas has a 90 percent compliance
rate with the American Bar Association’s
standards for major civil jury cases,
Administrative Judge John W. Herron
told attendees at the Oct. 5 Bench-Bar
seminar “Oyeh, Oyeh: New Order In
The Court.”
Other panelists included Court of
Common Pleas Judges Idee C. Fox,
Nitza I. Quiñones Alejandro, Marlene F.
Lachman and Patricia McInerney. The
moderators were Judge Sandra Mazer
Moss and Chancellor-Elect Kathleen D.
Wilkinson.
Most recently, with mass tort cases
exceeding the number of major civil
jury cases, Judge Herron said the court
has “built in a uniform, predictable and
efficient approach to mass torts.” Because
of these efforts, including the implementation of new civil procedural protocols
this past summer, 51 percent of the mass
tort cases are being disposed of within the
period recommended by the ABA. Judge
Moss added that the court has not tried
any pharmaceutical cases to verdict in
2012, noting that many parties are resolv-
Panelists for the Oct. 5 State Civil Litigation Section program included (seated,
from left) Judges Idee C. Fox, Nitza I. Quiñones Alejandro, Marlene F. Lachman
and Patricia McInerney along with (standing from left) Judges Sandra Mazer
Moss, John W. Herron and Chancellor-Elect Kathleen D. Wilkinson.
ing cases by mediation.
Judge Fox also provided an overview
of trends in the court’s civil motions program. She stated that the court has seen
an increase in actions to quiet title. In
these cases, the court now automatically
schedules a hearing date for motions for
entry of judgment. Judge Fox cautioned
counsel to propose the appropriate orders
in these actions and check with the
recorder of deeds to determine what relief
is required.
Judges Quiñones Alejandro and Lachman provided insight into the court’s Day
Forward Major Jury program. Although
Judge Quiñones Alejandro noted that
the program has experienced very little
change, it now handles class actions and
nursing home cases that the mass tort
program previously handled. Both judges
discussed motions for extraordinary
relief and cautioned attorneys to avoid
filing them on the eve of the discovery
deadline. Specifically, Judge Lachman
advised counsel that the basis for a motion for extraordinary relief must not be
that counsel needs more time, but rather,
that something has occurred that counsel
could not have foreseen.
Judge McInerney discussed the commerce program and noted a new preference that counsel refrain from writing
letters to the court. Because each judge
has an individual calendar, parties must
make all requests to the court by motion.
In addition, Judge McInerney advised
counsel to make a genuine effort to
resolve discovery disputes before bringing them to the court. She applauded the
efforts of the court’s judges pro tempore
and recommended that counsel be prepared for settlement conferences before
them so as not to waste the court’s time
and their own.
Christine Soares ([email protected]) is
an associate with Fox Rothschild LLP.
The conventional wisdom in today’s
political climate swings wildly from day
to day, Philadelphia Inquirer columnist Dick Polman told attendees at the
Bench-Bar Conference on Oct. 6.
Polman, writer in residence at the
University of Pennsylvania, talked about
the presidential election in a Saturday
morning conversation with Bar members
at Revel in Atlantic City, N.J.
A week before the first presidential
debate, Polman said the conventional
wisdom was that President Obama was
surging so much in the polls that he almost had the election wrapped up. “And
Democrats were thinking, gee, we even
have a chance to take the House back.”
But in the wake of the first debate, the
conventional wisdom is “he’s in serious
trouble and he may lose this thing.”
Polman said that in 2004, it was
widely regarded that President George
Bush lost all three debates to Democratic
challenger John Kerry. “George Bush
won that election anyway in the closest
re-election race since 1916.” Polman said
there are many parallels between the two
races.
“It’s almost eerie. We have the challenger, Mitt Romney, from Massachusetts, just like Kerry. He comes off to a lot
continued on page 7
■ By Lauren A. Strebel
If you are a resident of Northeast
Philadelphia, you may be familiar with
Chink’s Steaks, the cheesesteak shop that
was founded in 1949 by Samuel “Chink”
Sherman. The owner was nicknamed
“Chink” because he had “slanty eyes.”
In 2004, Susannah Park, a Korean
American, started a campaign to get the
name changed. Though Chink’s Steaks
retained its name, the enterprise was
blocked by the efforts of the community
from expanding into South Philadelphia.
The Diversity in the Profession Committee panel discussion “Linsanity, Linguistics, and the Law” at the Bench-Bar
& Annual Conference featured Cynthia
Gouw, an Emmy Award-winning jour-
6
nalist and the host of “Asian Outlook”;
Kay K. Yu, chair of the Philadelphia
Commission on Human Relations
(PCHR); Zack Stalberg, president and
CEO of the Committee of Seventy; and
Mary Catherine Roper, an attorney at the
ACLU of Pennsylvania. The discussion
was moderated by Stella M. Tsai, partner
at Archer & Greiner, P.C.
The panel discussed the use of ethnic
slurs in business names, the media’s
role in perpetuating the issue, the First
Amendment’s broad protections, and
measures a community can use to protect
its members beyond civil litigation.
Whether or not an ethic slur is offensive, particularly in business or entity
names, depends how the community
responds to it. The panel discussed how
Philadelphia Bar Reporter June 2012
Photo by Jeff Lyons
Panel Tackles Business Use
of Ethnic Slurs in Names
Mary Catherine Roper (from left), Cynthia Gouw, Zack Stalberg, Stella M. Tsai
and Kay K. Yu were the panelists for the Diversity in the Profession program.
products such as “Spic n’ Span” and
Uncle Ben’s Rice have occasionally been
criticized, but that no movement has
been made to evoke changing those
names.
Stalberg was editor of the Philadelphia
Daily News at the time of the Chink’s
Steaks controversy and was questioned
about the paper’s dismissal of the issue. At
the time, the Daily News took the stance
that the controversy was a “distraction”
continued on page 7
philadelphiabar.org
2012 BENCH-BAR & ANNUAL CONFERENCE
continued from page 5
established for those who ignore court
orders.
“There are 27 percent less bench
warrants issued in Common Pleas and
Municipal Court,” Castille said. “Because
of this, we think that defendants are getting the word on the street.”
The Family Court Building currently
under construction at 15th and Arch
Streets is expected to be completed in
May of 2014, he added.
Superior Court President Judge Correale F. Stevens reported that the court is
on track to have 8,000 appeals this year.
Last year, the court affirmed the trial
courts 79 percent of the time. This year,
the court is at 80.2 percent. “It shows the
competence of our trial judges in Pennsylvania and also the lawyers who appear
before them,” Stevens said. He reminded
attendees that the court is now identifying the authors of its memos. Memos
are not precedential and it was recently
agreed they will be posted online.
“We want the trial judges in the bar to
see what we’re doing and to try to know
our reasoning.”
The court also remains committed
to holding more community sessions.
“We’re trying to be very responsive to
the bar and to the public and to the trial
judges,” Stevens said.
Commonwealth Court President
Judge Dan Pellegrini said it’s been a year
of high-profile cases at the court.
“There is a move in the legislature to
put more cases on our original jurisdiction and take it away from Common
Pleas courts,” said Pellegrini. “We are
really trying to stop that, but so far unsuccessfully.”
Regarding the headline-making Voter
ID case, Pellegrini said Judge Robert
Simpson handled the case masterfully,
“whether you agree with the outcome
or not. That was an important case for
us because we’ve never had that much
publicity before,” he said.
Pellegrini added that as of Jan. 1, the
court’s Philadelphia filing office will be
closed. “With electronic filing, we just
couldn’t justify it anymore,” he said.
Philadelphia Common Pleas Court
President Judge Pamela Pryor Dembe
said that on the local level, the bulk of
the court’s operating budget comes from
Philadelphia MuCity Council and city
nicipal Court President
finances are still fragile.
Judge Marsha H.
“Everybody, when
Neifield reported that
the recession bit us,
the court was able to
thought that in 2012
Visit philadelphiabar.org for
sign a 20-year lease in
and 2013 things would a podcast from this event.
The Widener Building
be back to something
for the entire 6th and
close to normal, and
Use your
10th floors. All of the
clearly that’s not hapQR code
renovations were made
pening,” Dembe said.
reader
and the move completShe added that
to link
directly
ed inside of six months,
the court is moving
she said.
toward electronic filing to this
resource.
“I can with confientirely, with the last
dence report that the
big piece being the
disposition rate through August of 2012
criminal courts. She said the court is able
was 112 percent dealing with just the
to convert systems cheaply and relatively
misdemeanor and criminal filings,” said
expeditiously by using the same in-house
Neifield.
staff that was used to develop civil e-filing.
She added that the court has two new
“We’re really down to rolling that out
programs. “The Choice is Yours” is a drug
at the beginning of next year,” Dembe
diversion program for people charged
said. “We’re already gearing up for trainwith mandatory drug offenses without a
ing. We’re just doing the last couple little
violent past who have the opportunity to
tweaks in the program.”
participate in intensive social services with
Dembe added that the Jury Assembly
the expectation that when they graduate,
Room will be renamed for former Jury
they will have a new lease on life. “Project
Commissioner Gerard P. Shotzbarger,
Dawn” court, the prostitution initiative,
who passed away in 2011. The court is
recently received a grant that enabled the
also looking to open a civil jury assembly
hire of a coordinator, Neifield said.
room in City Hall, she said.
Diversity
Polman
continued from page 6
continued from page 6
from bigger racial issues in the world. Stalberg said that looking back, the paper’s reaction was dismissive and that it is up
to the public to tell the media when they have crossed over the
line.
Ultimately, the First Amendment will protect businesses
that have ethnic slurs in their title. So what can the community do to get a business to change its name? Yu suggested that
the community can ask the PCHR to use its Community Relations Division’s power
to inform and educate
the public. From there,
the community can
organize and boycott
the business, thereby afVisit philadelphiabar.org for
a podcast from this event.
fecting its bottom line.
The discussion
ended with the quesUse your
tion: what is the bigger
QR code
reader
impact? A city’s reputato link
tion could be harmed if
directly
businesses have ethnic
to this
slurs in their titles.
resource.
Entrepreneurs make
choices about where
they want to start a business based on how welcoming a community is. Ethnic slurs tend to suggest that a community is
negative and unwelcoming.
of people as awkward, as Kerry was viewed by many.
He was attacked early by the incumbent president
with heavy advertising for being a flip-flopper. He
was attacked early for being a rich elitist, just like John
Kerry was. And just as John Kerry failed to do for a lot
of 2004, Mitt Romney, for much of the spring and the
summer, did not answer back to the advertising from
the Obama camp,” Polman said.
“Voters always say they don’t like negative advertising and they say they tune it out,” Polman said. “But
the fact is, people remember it. And it does sink in.
Particularly when attacks are not answered.”
He said after the Republican National Convention,
there was a perception that the average worker couldn’t
relate to Romney. “And that locked in the perception
of him to his detriment.”
And just like with President Bush in 2004, Polman said President Obama is viewed as a polarizing
president to a lot of people. “When you’re perceived
as a polarizer, you’ve got to create doubts about the
opponent. The 2004 race is very much like what we
have now.”
But the reason Bush won re-election was because
of what Polman called “his excellent ground game. It’s
about getting the voters out at the ground level. That’s
the key. And it doesn’t get written about much in the
press, because it’s not very sexy or easy to grasp. But
the Obama campaign has a very sophisticated ground
game in the swing states. And Republicans tell me that
they don’t have that kind of apparatus. Mitt Romney
Podcast
Spotlight
Lauren A. Strebel ([email protected]) is a second-year law
student at Drexel University Earle Mack School of Law.
philadelphiabar.org
Podcast
Spotlight
Photo by Jeff Lyons
State of Courts
Dick Polman
has spent a lot of money, but most of it has come from
super PACs in the form of advertising. So that is one
thing in the end that could help Obama.”
The September jobs report, which showed unemployment dropping below 8 percent for the first time
in nearly four years, was disputed by some conservatives. “And that’s an example of what’s wrong with our
political culture today. If you don’t believe what are
empirical facts, you just find ways to explain it away
and say you think they’ve been cooked. If nothing else,
it shows something about the ideological polarization
that we’re stuck with.”
June 2012 Philadelphia Bar Reporter
7
Public Interest Law Day, Reception Nov. 28
■ By Sara Jacobson
The Public Interest Section will
celebrate the holiday season and the
accomplishments of the Public Interest Section with two major events on
Wednesday, Nov. 28.
The Annual Public Interest Law Day
CLE program, “Keeping Up in Turbulent Times: Public Interest Practice in
2012,” will be held from 9 a.m. to 4:30
p.m. (registration begins at 8:30 a.m.),
at The CLE Conference Center on the
10th floor of the Wanamaker Building.
This full-day CLE program will offer 5
substantive and 1 ethics CLE credits and
will present a wide array of hot topics
in public interest law for public interest
attorneys, pro bono practitioners, judges
and private practice attorneys who are interested in learning more about public interest law and cutting edge issues affecting
the pro bono legal community. The program will feature a distinguished faculty,
including representatives from the public
interest and private sectors and judiciary
as well as other experts and leaders in the
field. The opening panel presentation
will address how a hypothetical family
8
Loews Philadelphia
continues to struggle
Hotel, 1200 Market
in the recession and
St. The Awards
how changes in the
Ceremony will begin
law and policy have
promptly at 5:30
affected them in areas
To register for the CLE prop.m., and feature the
such as employment, gram at Public Interest Law
presentation of the
education and imDay on Nov. 28, visit pbi.org.
Andrew Hamilton
migration.
Award for distinFollowing the
guished service in
opening session,
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public interest law.
attendees will be
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The program will also
able to attend two
reader to
include the selection
of the following six
link directly
of the Higginbotham
breakout sessions
to this
resource.
Summer Fellowship,
– “Collateral Consewhich was created
quences of Criminal
nine years ago to
Records;” “Multi-Foprovide a stipend to support the work of
rum Advocacy: Coordinating Advocacy
a summer law intern at a Philadelphia Bar
In and Out of the Courtroom;” “WorkFoundation grantee organization. Thirding With Traumatized Clients;” “Identity
year law students from local law schools
Issues;” “How Changes in Public Benefits
will also be honored for their pro bono
Programs Will Affect Your Clients;” and
work with the presentation of the Annual
“Family Law for the Non-Family Law
Law Student Awards. The Ceremony will
Practitioner.” The program will conclude
also feature the announcement of 2012
with the plenary panel presentation
recipients of the Morris Shuster Public
“Remedies for Bias in the Court System.”
Interest Loan Repayment Program by the
Immediately following the CLE
Philadelphia Bar Foundation. Sadly, this
program, the Section will hold its Annual
year the public interest community lost
Awards Ceremony and Reception at
Philadelphia Bar Reporter November 2012
WebCheck
not only Morris Shuster, but two other
pillars of our community as well – U.S.
District Court Judge Louis H. Pollock
and Karen Detamore. All will be honored
during the ceremony. A reception will
follow, featuring an open bar and heavy
hors d’oeuvres.
The cost of the reception is $45 for
Public Interest Section and government
attorney members and law students, $60
for other Bar Association members and
$75 for non-members. Law firms and
individuals are also asked to consider
sponsoring the evening and contribute to
the Higginbotham Summer Fellowships
at the $1,000, $500, and $250 levels. For
more information about sponsoring the
event, please contact Tracey McCloskey at
[email protected]
For more information about these
events, please visit the Public Interest
Section’s home page on www.philadelphiabar.org.
Sara Jacobson ([email protected]), director of trial advocacy programs and associate
professor at Temple University Beasley School
of Law, is chair of the Public Interest Section.
philadelphiabar.org
Councilman Promotes
Youth Courts for City
Stop PR Crises
Before They Begin
■ By Julia Swain
Billionaire businessman Warren Buffett once
said it takes 20 years to build a reputation and five
minutes to ruin it. And in the digital age, his statement
couldn’t be more accurate.
Joshua M.
Peck, senior
media relations
manager for
Duane Morris
Visit philadelphiabar.org for
LLP, and Jeff
a podcast from this event.
Jubelirer, principal of Jubelirer
Use your
Strategies, were
QR code
the speakers
reader
for the recent
to link
Bar-News Media directly
Committee proto this
gram “Managing resource.
a Crisis in a 24/7
World: What to Do When ‘You Know What’ Hits the
Fan.” The program was co-sponsored by the Metro-Philadelphia Chapter of the Legal Marketing Association,
Philadelphia Public Relations Association and Delaware
Valley Law Firm Marketing Group.
As reputation issues abound in the media – Penn
State, the Susan G. Komen Foundation, the Catholic
Church and Dewey & LeBoeuf, among countless others
– Peck and Jubelirer addressed how attorneys and communications professionals and the organizations they
represent are being thrust into the spotlight. This wasn’t
the spotlight they were looking for of course. In every
organization – small and large – crises occur. They’re
inevitable. What’s not inevitable, however, is how well
executives and organizations prepare for, address and
ultimately respond to crises.
There are many types of crises that law firms potentially face. They can include legal malpractice, financial
continued on page 21
Youth courts were established in Philadelphia
in 1998. While there are currently only a handful of
schools that have youth courts, City Councilman Curtis
J. Jones, Jr. of the Fourth District seeks expansion of
this diversionary program through allocation of funds
by City Council and support from Philadelphia’s bench
and bar. Jones discussed the youth court program at the
Family Law Section meeting on Oct. 1. Jones’ mission
is to reduce prison population by early intervention with
juveniles who commit minor infractions in school that
lead to expulsion.
Jones noted that many juveniles in the criminal justice
system have a common background of broken homes,
drug use and lack of education. It is the last factor that has
a direct correlation to criminal conduct. Jones cited that
the future number of jail cells needed can be determined
by the number of adolescent males who cannot read proficiently by 4th grade. This grim statistic can be improved
simply by reducing expulsions, which leads to kids spending more time in the classroom.
The youth court model is a system where students
who admit wrongful conduct are judged by their peers,
who determine an appropriate sentence for an infraction. One high school basketball player who was subject
to expulsion for class disruption was given a second
chance through the youth court system. The student was
sentenced to writing an essay that had to be read to his
class and apologizing to the teacher for his conduct. Not
only did this sentence force the student to reflect on his
behavior; it allowed him to stay in school, avoid suspension, continue his basketball training and maintain an
improved academic record for the future. In citing this
example, Jones explained his belief that good citizens
are groomed through citizenship classes that facilitate an
understanding of how to interact with each other.
Another benefit of youth courts is engaging students to
learn about the legal process.
Students seeking to serve
as a judge or jury member
must participate in a training
program. Jones reported
that the students take this
Curtis J. Jones Jr.
responsibility very seriously
and respect basic rules of a courtroom. The student judge
questions the defendant on why he or she committed an
infraction, the impact of the behavior and alternatives the
student could have exercised. After such a discourse, the
jury delivers a sentence designed to have the defendant
reflect upon the infraction and make amends for the conduct. This system encourages students’ interest in the legal
process, academic achievement and future career choices.
By focusing on students’ infractions in school and
making them take responsibility for their actions through
judgment of their peers, a stronger commitment to
education is fostered and more students remain in school.
Implementing a youth court costs about $8,000 for
materials, training and room renovations. The cost can
be reduced through private donations of funds, time and
materials. Although there is a cost for the youth court,
such diversionary programs ultimately serve to reduce
costs for funding our criminal justice system and our
prison population. According to Jones, the youth court
program also benefits our City by fostering citizenship.
Family Court Judge Doris Pechkurow noted that since
her involvement with the court system in the late 1970s,
the city’s population has decreased while the number of
inmates has increased. With this disintegration in our
society, youth court seeks to capitalize on kids who can be
engaged early to prevent the continued rise in our prison
population.
Julia Swain ([email protected]), a partner with Fox
Rothschild LLP, is an associate editor of the Philadelphia Bar
Reporter.
TO
LAWYER
■ By Gina F. Rubel
Podcast
Spotlight
LAWYER REFERRALS
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November 2012 Philadelphia Bar Reporter
9
YLD Update
Plenty Going on This November
The fall is always a busy season for the Young Lawyers
Division. After the summer break, everyone is enthusiastic to get
back to work. There are elections to hold. We also try to squeeze
in all of the phenomenal programs that we came up with in the
spring.
This year is no different. I am pleased to announce that we
have a contested election for seven seats on the Executive Committee of the Young Lawyers Division. The candidates include
Philip D. Amoa, T. Justin Chapman, Andrew J. Kornblau, Jim
Nixon, Matthew Olesh, Shabrei Parker, Jennifer Russell, Matthew T. Stone and Robert W. Zimmerman.
The Executive Committee election is Dec. 4, the same day
as the Bar elections and the Annual Meeting Luncheon. If you
cannot vote in person, you can always vote by mail. Ballots will
be sent out on Friday, Nov. 16, and must be returned to the Bar
Association headquarters by 10 a.m. on Thursday, Nov. 29. So
check your mailbox and remember to send your ballot in by the
deadline. You can also vote in person if you don’t get around to
mailing your ballot in time.
We also have some great programs coming up in November.
On Saturday, Nov. 3, the YLD will again host its annual Harvest
for the Homeless clothing drive. The shelters have requested new
or gently used clothes for men, women and children, including sweat shirts, t-shirts, pants, shorts, (new) underwear, socks,
and outerwear. The shelters also appreciate blankets, towels and
toiletries, such as soap, disposable razors, shaving cream, deodorant, shampoo, conditioner, toothbrushes, toothpaste, floss, hand
lotion, combs and brushes.
Sorting will take place on Nov. 3, at Ballard Spahr, LLP, in the
loading dock of the Mellon Bank Center Building at 1735 Market St. at 8:25 a.m. Volunteers are needed for the sorting. Additionally, I would like to thank the following firms for generously
agreeing to serve as drop-off points before the November 3rd
sorting date: Martin Banks; Stradley Ronon Stevens & Young,
LLP; Mensing Law, LLC; Jared Jacobson Law, LLC; Berger &
Montague, P.C; KML Law Group, P.C; Margolis Edelstein;
German, Gallagher & Murtagh; and Weber Gallagher Simpson
Stapleton Fires & Newby, LLP.
We have a full roster of training programs and CLEs coming
continued from page 1
10
Melanie J. Taylor ([email protected]), an assistant district
attorney with the Office of the Philadelphia District Attorney, is chair of
the Young Lawyers Division.
WebCheck
PNC Achievement
board has made a difference in the ethical
and political landscape of the city, and I’m
gratified to have been a part of that,” he
told the newspaper. Glazer served as chair
of the Board of Ethics since its formation
in 2006 until last month.
Glazer said the staff and Board of
Directors of the Innocence Project have
made the organization a “respected and
effective voice for the cause of the convicted innocent in the courtroom, legislative arena, academia and the community
at large.”
Glazer is a founder of the law firm of
Cozen O’Connor and served as senior
advisor to the City of Philadelphia’s
Managing Director from 2004 to 2006,
up. Please come out for our
By Melanie J. Taylor
Tort Reform CLE on Nov.
1, where doctors and lawyers
will hold a balanced discussion on the issues surrounding the Affordable Care Act,
so-called frivolous lawsuits
and trial techniques for
medical malpractice attorneys. This program will take
place at the Pennsylvania Bar
Institute in the Wanamaker
Building from 12 to 4:30
p.m., with a reception to follow. For those unable to attend in
person, the CLE will be webcast as well as simulcast to nine different locations around Pennsylvania.
On Nov. 7, the YLD will host the last in our four-part series
of Board Observer Program Live, Lunch and Learn seminars in
conjunction with the Bar Foundation and the Delivery of Legal
Services Committee of the Public Interest Section. Laura Otten,
Ph.D., director of The Nonprofit Center at LaSalle University’s School of Business, will provide training on the financial
oversight obligations for nonprofit board members. The program
will take place from 12 to 1:30 p.m. in the 11th floor Conference
Center at the Bar Association.
The Federal Courts Committee and the YLD will jointly
sponsor the Nov. 29 CLE “My First Federal Trial,” from 4 to 6
p.m. in the Ceremonial Courtroom at the Federal Courthouse at
6th and Market streets. On Nov. 30, the YLD will join with the
Diversity Committee of the Family Law Section to host a CLE
on representing diverse clientele.
Please remember to check the Bar Association’s online calendar
regularly for updates. Also see the YLD EZine every Tuesday for
programs sponsored by other sections and affiliate bar associations.
providing strategic oversight of special
projects for Philadelphia’s chief administrative officer. Glazer’s commitment to public service
and the law began with his service as
a volunteer with the Peace Corps in Malawi, from 1964 to 1966, where he worked
on a tuberculosis control project that
served as a prototype for similar programs
designed to detect and treat infectious diseases, and work toward their eradication.
Glazer’s service has included serving as a
board member, from 1987 to 2006, and
as board chair, from 1994 to 1996, for
the Public Interest Law Center of Philadelphia, and as a member and leader of
the Committee of Seventy, a non-partisan
Philadelphia Bar Reporter November 2012
Visit philadelphiabar.org to purchase
tickets to the Tuesday, Dec. 4 Annual
Meeting Luncheon.
political watchdog organization focusing
on election, school, police and judicial
reforms, from 1996 to 2006.
The PNC Achievement Award
(formerly known as the Fidelity Award)
will be presented along with the Justice
William J. Brennan Jr. Distinguished
Jurist Award at the Association’s Annual
Meeting Luncheon on Tuesday, Dec. 4
at The Hyatt at The Bellevue, Broad and
Walnut streets at 12 p.m.
Chancellor-Elect Kathleen D. Wilkinson will also make remarks outlining her
plans for 2013 as she becomes the 86th
Chancellor of the Philadelphia Bar Association. Bar elections are being held the
same day, from 8:30 a.m. to 6 p.m.
Shop Around
for Business
Financing,
Lenders Say
■ By Edward P. Kelly
Members of the Solo and Small
Firm Committee learned how to access
capital for them and their clients at an
Oct. 9 panel discussion “Small Business
Financing 101.” The panelists were Darren Sudman, a partner with Multifunding; Barbara Anne Gardenshire-Mills, an
economic development and lender relations specialist with the Small Business
Administration; and Samantha Arland,
a business express lending specialist with
Fox Chase Bank. The event was co-sponsored by the Small Business Committee
of the Business Law Section.
Sudman stated that it is obviously a
hard environment for small businesses to
get financing. Among the reasons banks
are giving for turning loans down is the
borrower has not been in business long
enough, does not have enough collateral or the bank will not lend to the
borrower’s particular industry anymore.
However, Sudman said that an applicant
should not be discouraged if denied by
one lender since each bank underwrites
loans differently. He further stressed that
the SBA does not lend money, but is
merely a facilitator.
While there are many ways to get
cash for a business, Sudman said you
should be prepared to execute a personal
guaranty. Lines of credit are the best option provided you are able to secure the
loan against real property, while merchant
advances should be the last option as they
are “shadier” loans with high risk.
Sudman discussed how to “get bankable,” which includes collateral, cash flow,
and a credit score of 600 or above. He
also described what is typically in a lending package: three years of personal and
business tax returns; financial statement
for the prior year; P&L statement; balance sheet; personal financial statement
(use the SBA form); and a schedule of
debts.
Gardenshire-Mills explained that the
SBA has a wide variety of services available, from training to technical assistance
to funding. The SBA Guide and the
SBA’s website are invaluable resources and
contain a wealth of information. She also
stressed that the SBA does not actually
lend money to borrowers, but guarantees
loans that banks might not necessarily
make. The banks handle everything from
continued on page 11
philadelphiabar.org
CITY POLICY COMMITTEE
OIG Fights Corruption,
Restores Confidence
Big changes took place in 2007 when
Mayor Michael Nutter ran on a platform
of restoring honesty and integrity to city
The Office of the Inspector Genergovernment. While the OIG has existed
al’s (OIG) mission is to “boost confidence
in Philadelphia since the 1980s, it has
in government by rooting out fraud, cornever received the type of generous supruption and misconduct,” Philadelphia’s
port that has been ofInspector General Amy
fered by Mayor Nutter.
Kurland told the City
His support was part
Policy Committee on
of his initiative to use
Oct. 15.
someone from inside
Kurland, who spent
Visit philadelphiabar.org for
city government to
24 years at the United
clean up Philadelphia’s
States Attorney’s Office a podcast from this event.
internal problems. In
where she specialized in
2012, the OIG was able
prosecuting corruption
Use your
QR code
to use its annual budget
cases, joined the OIG
reader
of $1.2 million dollars
in January 2008.
to link
to save and recover $9.1
The OIG has jurisdirectly
million for the city.
diction over anyone
to this
Whereas no cases had
who works for the
resource.
been prosecuted previcity, organizations
ous to 2008, the OIG is
that receive city funds,
responsible for 42 criminal prosecutions
contractors that do business with the city
in the last four years. Kurland hopes these
and basically any entity with connections
statistics demonstrate that Philadelphia
to the City of Philadelphia.
can handle its own affairs and inspire
Kurland was quick to explain that
citizens to have confidence in their govwhile Philadelphia has a longstanding
ernment.
reputation of corruption, most city govThe OIG has changed the focus of its
ernment workers are honest and hardwork toward those issues with the greatest
working people who are victimized by
impact on the city. Previously focusing
this reputation. She assured that the poon investigating employee residency and
litical culture is changing and “the small
small theft of time cases, the OIG now
pool of those trying to take advantage of
focuses on administrative cases dealing
the system is . . . starting to dry up.”
Podcast
Spotlight
Financing
Photo by Jeff Lyons
■ By Shannon R. Cunningham
City Policy Committee Co-Chair David L. Hyman meets with Inspector General
Amy Kurland and Co-Chair Denise J. Smyler at the Committee’s Oct. 15 meeting.
with supervisory conduct, deterrence
through the pursuit of criminal cases and
enforcement of city policies. Methods
now include working hand in hand with
federal agencies, pursuing city contractor
debarment hearings and enforcing pension disqualifications.
Kurland offered many success stories,
including the OIG’s investigation of the
death of Danieal Kelly. Everyone wondered how a 14-year-old with cerebral
palsy who was under the supervision of
the Philadelphia Department of Human
Services (DHS) could have been neglected to the point of death by starvation.
Investigation revealed “level upon level of
DHS employees who basically were not
doing their job.” The OIG’s work with
DHS resulted in the firing of eight DHS
supervisors and implementation of many
new safety measures.
Additionally, the OIG has found
numerous violations of city policy by
businesses that wish to obtain city contracts. Several businesses that gained favor
for small businesses, and
lend to local borrowers.
continued from page 10
Among their products
are term loans (25-year
application to approval
maximum), lines of
to disbursements, and
Visit philadelphiabar.org for
credit and letters of
the SBA stays behind the
a podcast from this event.
scenes. SBA loans range
credit. She emphasized a
from less than $50,000
quick turnaround time,
through their micro-loan
with 48 hours for initial
Use your
program to a maximum
review, and communiQR code
of $5 million.
cation throughout the
reader to link
directly to this
Gardenshire-Mills
process. Fox Chase Bank
resource.
explained the five Cs of
uses a scoring model
credit – character, capacduring their approval
ity, collateral, capital and
process that looks at cash
conditions. She encouraged attendees to take
flow and debts, personal debt to income,
advantage of their right to free annual credit
personal wealth, a minimum of three years
reports. She explained that each lender has its
in business and a minimum FICO score of
own method to arrive at a credit score, so an
660.
applicant should not be discouraged by a low
score from one bank, as another lender may
Edward P. Kelly ([email protected]), a
arrive at a better one.
partner with Astor Weiss Kaplan & Mandel,
Arland handles small business lending for
LLP, is an associate editor of the Philadelphia Bar
Fox Chase Bank. They have a $750,000 limit
Reporter.
Podcast
by utilizing the Minority, Woman, and
Disabled Owned Business Enterprises
policy, have inappropriately used a “pass
through” minority who is paid a nominal
amount for the use of his or her name
and diversity status while a non-minority
owned business actually performs the
work. The OIG has also discovered
violations by businesses who claim to be
local, but their addresses, such as North
Philadelphia row homes, obviously
cannot contain the necessary business
equipment.
The success of the OIG is due, in large
part, to the tips it receives about corruption and mismanagement in Philadelphia
government. City employees and citizens
are encouraged to provide tips via mail,
the OIG hotline (215) 686-1770 and its
website http://www.phila.gov/oig/.
Shannon Rosentrater Cunningham ([email protected]) is a clerk to Philadelphia Court of Common Pleas Judge Albert J.
Snite Jr.
Pro Bono Opportunities Day
philadelphiabar.org
Photo by Jeff Lyons
Spotlight
U.S. Magistrate Judge Timothy R. Rice joins Philadelphia VIP Executive Director Sara Woods at VIP’s Pro Bono Opportunities Day on Oct.
23. Judge Rice was the keynote speaker at the program “The Ethics
of Doing Good: An Overview of the Ethical Implications of Pro Bono
Service,” VIP’s signature training seminar.
November 2012 Philadelphia Bar Reporter
11
FEDERAL COURTS COMMITTEE
ESI Evidence Rules Vary Depending on Judge
■ By Benjamin F. Johns
U.S. Magistrate Judge Paul W.
Grimm’s opinion in Lorraine v. Markel
Am. Ins. Co., 241 F.R.D. 534 (D. Md.
2007) is a useful guide for lawyers in using electronic information as evidence in
a lawsuit because it identified a variety of
different kinds of ESI – including email,
website postings, text messages, chat
room discussions, computer stored data,
computer animation and digital photographs – and discussed how the rules of
evidence applied to each.
Gregg H. Kanter, along with U.S.
District Court Judge Lawrence F. Stengel,
began the discussion of electronically
stored information at the Sept. 28 meeting of the Federal Courts Committee by
analyzing the Lorraine decision.
Kanter said several months after the
judge closed the case, Judge Grimm issued a 51-page opinion that denied the
motions for summary judgment on the
basis that the ESI evidence submitted in
support thereof could not be considered
by the court.
According to Kanter, the main point
made by Judge Grimm is that individual
judges take different approaches on how
they treat the admissibility of ESI, so if
you do not know your judge you must be
prepared to meet the most exacting evidentiary standards. This decision has been
cited by numerous courts and in over
300 law review articles. Kanter suspects
the judge decided to issue this advisory
opinion because it would be more likely
to be cited and circulated than if it were
published as an article.
The discussion then turned to how to
use and authenticate printouts of emails
as evidence. The judges in attendance
indicated that they rarely see authenticity objections directed to emails because
this is usually established at a deposition
or agreed to by the parties. Authentic-
Simulcasts from PLI
Live & Simulcast Seminars
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Philadelphia Bar Reporter November 2012
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New Developments in Securitization
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Practice Pointers and Pitfalls
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About Recovering Digital Evidence
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Mark Your Calendar
Dec. 5-6 16th Annual Real Estate Institute
(PA Convention Center)
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Nov. 14-15 19th Annual Estate Law Institute
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Benjamin F. Johns ([email protected])
is an associate with Chimicles & Tikellis LLP.
These CLE programs, cosponsored by the Philadelphia Bar Association
will be held at The CLE Conference Center
Wanamaker Building, 10th Floor, Suite 1010, Juniper Street entrance
unless otherwise noted.
(Community College of Philadelphia, Northeast Regional Center)
Use your
QR code
reader to link
directly to this
resource.
its purpose.
Kanter addressed several problems inherent in trying to admit printouts from
the Internet. These include demonstrating that the website printout accurately
reflects what was on the website at a given
time, connecting the printout to a particular person and various hearsay issues.
Kanter also referenced cases that have
raised serious doubts on the trustworthiness of any material obtained online.
November CLE Calendar
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Visit philadelphiabar.org for
a podcast from this event.
of an email to authenticate it than it is
for the sender. Kanter discussed a few
additional cases that illustrate how the
distinctive characteristics of emails can be
used to connect them to the sender.
When it comes to the admissibility of
emails, hearsay is generally the primary
issue. While the business records exception is frequently used for this purpose,
Kanter cited a recent case from Texas that
observed that if all occasional business
email exchanges could qualify as business
records, this hearsay exception would be
expanded in a manner inconsistent with
ity issues have arisen, however, in cases
involving fraudulent email accounts.
Kanter discussed a case from the Central
District of California where a recipient
of a Nigerian minister scam email from
a UBS address sued the bank after he
wired it money to purportedly unlock
the millions of dollars he had won. The
district court dismissed the case because
the plaintiff could not demonstrate that
the e-mails sent by someone who claimed
to be affiliated with UBS were authentic.
Among other things, this case illustrates
how it is more difficult for the recipient
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! w w w. p b i . o r g ! 8 0 0 - 9 3 2 - 4 6 37
philadelphiabar.org
2012 BAR ELECTIONS
Dandridge, Prim Seek Vice Chancellor Post
Albert S. Dandridge III
Professional Background: Partner,
Schnader Harrison Segal & Lewis LLP;
adjunct professor of law, Boston University School of Law Morin Center
for Banking & Financial Law Studies;
University of Pennsylvania School of Law
(LL.M.); Temple University School of
Law (J.D.).
Association Activities: Chair, Business
Law Section (2006); member, Board
of Governors (2000-2003); Co-Chair,
Bench-Bar & Annual Conference
(2008).
Other Activities: Treasurer and member, Board of Directors, Philadelphia
Diversity Law Group, Inc.; member,
National Advisory Board to the National
Symposium on Diversity in the Legal
Profession; Board of Directors, USO of
Pennsylvania and Southern New Jersey;
member, American Law Institute; former
member, Board of Directors, Community Legal Services; past chair, Hearing
Committee, The Disciplinary Board
of the Supreme Court of Pennsylvania;
former member, Board of Governors,
Philadelphia Stock Exchange; member,
Board of Governors, NASDAQ OMX
Futures Exchange; former member,
Board of Governors, Chestnut Hill Academy; former member, Board of Directors,
Women’s Way.
Candidate’s Statement: Today the
Philadelphia Bar Association, and its
leadership, matter to all of us. That is
why I am a candidate for Vice Chancellor. My commitment to service was
instilled in me as a young combat Marine
and throughout my career, I have been
involved with organizations that have
served our profession, our community
and our country.
As a practicing business attorney, I have
tried to promote, advance and improve
the objectives of our profession and the
Bar Association. Traditionally, the Bar
Association as a trade organization has
Dandridge
Prim
sought to represent not only the interests
of its members, the legal community
and the community-at-large, but also
has sought to promote core values and
principles of the profession that maintain
and defend the rule of law. During my
career, I have focused on access to equal
justice, judicial independence, professional development, diversity and promoting
education, all of which, in my opinion,
are at a critical juncture. Therefore, I
pledge to continue to lead the Bar Association in supporting all of these areas,
which are vital to our profession and our
community.
Solo and Small Firm Committee (2001,
2002, 2004, 2005, 2006); co-chair,
Workers’ Compensation Committee
(1994); treasurer, Workers’ Compensation Section (1996-2008); member, State
Civil Committee/Section (1980-present);
member, Workers’ Compensation Section (1980-present); member, Strategic
Planning Committee (2002); member,
Long Range Planning/Finance Committee (2003); member, Financial Oversight
Committee (2008); member, Membership Committee (2010, 2011, 2012).
Other Activities: Member, Pennsylvania
Bar Association Civil Litigation Section,
Workers’ Compensation Section, Solo
and Small Firm Practice Section; Zone
One Delegate to BAR PAC; member,
House of Delegates (2005-present);
administrator, Barbieri Inn of Court
(2010-2012); member, Philadelphia and
Pennsylvania Trial Lawyers Associations;
charter member, Friends of the Justinian
Society; supporter, Boston University
School of Law, Public Interest Project;
Brehon Law Society; AABADV; The
Lawyers Club of Philadelphia; charter
member, John Peter Zenger Law Society;
member, Board of Directors, former
member, Life Member Committee;
Joseph A. Prim Jr.
Professional Background: Partner,
Duca and Prim, LLP; Boston University
School of Law.
Association Activities: Treasurer,
2009-present; Assistant Treasurer,
2008; member, Board of Governors
(2005-2007); co-chair, Law Practice
Management Division (2007-2008);
co-chair, Task Force for Law Practice
Management, (2006); member, Board
of Governors, Workers’ Compensation
Section Representative (2003); co-chair,
former member, House Committee;
former chairman, Fitness Center; former
president, Lincoln Table; Activities
Committee; Admissions Committee;
president of Club Tables; all with Union
League of Philadelphia; vice president,
former board member and secretary, The
Penn Club; former director, producer,
actor, past member Board of Directors,
The Stagecrafters; The Pennsylvania
Society; The Millay Club, Bishop Neumann High School Alumni Association;
VIP volunteer; Smithsonian associate;
Riverbend, patron; Lower Merion Conservancy; Bridlewild Trails; and The St.
Andrew’s Society of Philadelphia.
Candidate’s Statement: The Philadelphia Bar Association has worked hard
over the past years in supporting pro
bono work; supporting the independence
of the judiciary; fighting for the rights of
all individuals to have full access to the
courts and equal access to justice; and
helping members of the legal community
to prosper and grow. I pledge to continue
and strengthen each of these efforts,
which have so enriched the legal community.
In addition, I believe it is important to
educate members of the public to recognize the good work that lawyers perform.
Most lawyers are not only active in the
practice of law but volunteer to help those
in need and are active in their communities. I will encourage publicizing the good
work for which lawyers are responsible. It
is important that the community understands all aspects of what it means to be a
Philadelphia lawyer.
Service as Chancellor of the Philadelphia Bar Association requires the ability
to adapt quickly to change. At the same
time, it is important to focus on longterm goals. We have a diverse membership and I promise to serve each of you
with your own individual needs; whether
large firm or small; whether a litigator or
transactional lawyer; or, whether public or
private. We all serve our clients, our communities and the public at large.
3 Line Offices Uncontested
This year, three candidates for Bar
line offices are unopposed. The candidates are Sophia Lee, secretary; Jacqueline G. Segal, assistant secretary; and
Wesley R. Payne IV, treasurer.
Lee is a senior attorney with Sunoco
and a graduate of the Temple University
Beasley School of Law and is currently
philadelphiabar.org
assistant secretary of the Association.
She was chair of the Board of Governors
Diversity Committee in 2008 and a
member of the City Policy Committee,
the Young Lawyers Division Executive
Committee and the Judicial Selection
Committee.
continued on page 18
Lee
Payne
Segal
November 2012 Philadelphia Bar Reporter
13
2012 BAR ELECTIONS
Platt, Snyder Running
for Assistant Treasurer
Mary F. Platt
Professional Background: Counsel,
Griesing Law, LLC; Georgetown University Law Center.
Association Activities: Law Practice
Management Division representative to
Board of Governors (2009-2010); Parliamentarian, Board of Governors (2008);
Chancellor’s Cabinet (2002-2005, 2008);
Treasurer (2003- 2005); Assistant Treasurer (2002); member, Audit Committee
(2002-2005); elected member, Board
of Governors (1999-2001); co-chair,
Law Practice Management Division
(2009, 2010); vice chair (2008); treasurer
(2007); chair, City Policy Committee
(2007, 2008); chair, Fidelity Bank (now
PNC) Award Committee (2007); chair,
Federal Courts Committee (2000); vice
chair (1999) and chair, Civility Code
Task Force (2000); chair, Justice Brennan Distinguished Jurist Award Committee (2003); co-chair, Women in the
Profession Committee (1997, 1998);
co-chair, Sandra Day O’Connor Award
Committee (1997, 1998); member (1996,
1999-2001); member, Strategic Planning
Committee (2002); member, Nominating Committee (2000); member,
Philadelphia Bar Foundation, Hamilton
Circle; current member, Business Law
Section, Federal Courts Committee,
Women in the Profession Committee,
City Policy Committee and Professional
Responsibility Committee.
Other Activities: Member, Brehon Law
Society, The Philadelphia Trial Lawyers
Association, The Justinian Society, The
Philadelphia Association of Defense
Counsel, The Historical Society of the
U.S. District Court for the Eastern District of Pennsylvania, The Lawyers Club;
Volunteer, Philadelphia VIP (1998-1999,
2001, 2005-2010, 2012); Judge Pro Tem,
Philadelphia Court of Common Pleas
(1995-2012); member, American Jewish
Committee, Learned Hand Award Committee (2012); team member, Advancing
Civics Education Program (2008-2009);
trustee, Women’s Law Project (19972005, 2006-2012); member, University
of Pennsylvania Law School American
Inn of Court (2000-2002); mediator,
U.S. District Court for the Eastern
District of Pennsylvania (1996-2000);
Leadership Philadelphia, Core Course
(1999-2000); member, Pennsylvania Bar
Association Commission on Women in
14
the Profession (1993-2009); member, Forum of Executive Women (1994-2005);
director, Philadelphia Bar Education
Center (1997); treasurer, National
Association of Women Lawyers (19941995); co-chair, Women’s Way Corporate
Campaign (1995-1997).
Candidate’s Statement: For the past
15 years, I have dedicated myself to the
Philadelphia Bar Association in a number
of different leadership roles because I
believed that through the Bar, I could
make a difference in the lives of other
lawyers and help the Bar better serve the
needs of our members and our community. If elected Assistant Treasurer, I will
work hard to increase membership, find
new sources of revenue, and ensure that
programs are run efficiently and effectively. I will continue to work with other
Bar leaders to increase job opportunities,
help lawyers advance in our profession,
ensure equal opportunity regardless of
race, gender, ethnicity or sexual orientation, support the independence of our
judiciary, and guarantee full access to the
courts. This is a critical time for our Bar
Association. We have to develop new and
creative ways to make the Bar indispensable to lawyers who have limited time to
devote to Bar activities. We will be searching for a new executive director with
the qualifications needed to help set Bar
policy for many years into the future. My
Bar experiences and the years I have spent
working at a large law firm and now a
small law firm will enable me to assist
the Chancellor and other Bar leaders in
accomplishing these goals.
Hon. Michael Snyder (ret.)
Professional Background: Distinguished Neutral, The Dispute Resolution
Institute; Temple University School of
Law.
Bar Association Activities: Chair/
co-chair of Bar Academy (2010-present);
Bench-Bar Planning Committee (2011,
2012); Board of Governors, Workers’
Compensation Section representative
(2001, 2009-present); co-chair, Workers’
Compensation Section (2000, 2009); Executive Committee, Workers’ Compensation Section (1999-2002, 2008-present);
member, Alternative Dispute Resolution
Committee; member, Arts in the Courts
Committtee; team teacher, Advancing
Civics Education Program (2009-pres-
Philadelphia Bar Reporter November 2012
Platt
Snyder
ent), member, Alternative Dispute
Resolution Committee; member, Workers’ Compensation Section; member,
Philadelphia Bar Foundation Grants
Committee (2009-present).
Other Activities: Member, House of
Delegates, Pennsylvania Bar Association
(2004-2008); member, Executive Board,
member, long-range/strategic planning
committee, member, CLE committee,
Louis D. Brandeis Law Society; Temple
American Inn of Court (2008-present)
team leader (2009-present); founder,
president, Judge Alexander F. Barbieri
Workers’ Compensation Inn of Court
(2010-present); member, Workers’ Compensation Section, Fall Section Advisory
Committee, Pennsylvania Bar Institute
(2005-present); member, Alternative Dispute Resolution Committee, Pennsylvania Bar Association; member, Concerned
Committee for the Elderly, Center for
Social Responsibility (Grants Committee), Jewish Federation of Greater
Philadelphia (2003 -present).
continued on page 15
Bar to Elect Officers, Board Members
The Philadelphia Bar Association’s Annual Election of officers and members of
the Board of Governors will be held on Tuesday, Dec. 4, from 8:30 a.m. to
6 p.m. on the Ballroom Level of the Hyatt at The Bellevue, Broad and Walnut
streets. Officers to be elected are Vice Chancellor, Secretary, Assistant Secretary,
Treasurer, Assistant Treasurer and five members of the Board of Governors for
three-year terms.
According to Article IV, Section 406, Paragraph B, “The election shall be by (1)
secret mailed ballot and (2) paper ballot or voting machine. In addition, Members
may vote electronically over the Internet to the extent permitted by law pursuant
to procedures established by the Board to preserve the confidentiality of the Member’s vote and the integrity of the voting process. Voting machines, if available,
shall be preferred for in-person voting, unless there is an election at which there is
no contest. The position of the nominee on the ballot shall be determined by lot.
The drawing of lots shall be conducted by the Judge of Elections not less than 25
days before the Annual Meeting in the presence of the nominees and/or their representatives. The form of the ballot shall be prescribed by the Board. A ballot shall
be sent by the Association by mail to every Association member eligible to vote at
least two weeks prior to the date set for the Annual Meeting. A mailed ballot shall
not be counted unless it has been received at the office of the Association no later
than 10 a.m. three business days prior to the date set for the Annual Meeting and
in such manner as to preserve the confidentiality of the Member’s vote. The Judge
of Elections shall count the mailed ballots after the polls have been closed.”
Ballots are to be mailed Nov. 16 and are due by Nov. 29 at 10 a.m.
Candidates for Office
Vice Chancellor
Albert S. Dandridge III
Joseph A. Prim Jr.
Secretary
Sophia Lee
Treasurer
Wesley R. Payne IV
Assistant Secretary
Jacqueline G. Segal
Assistant Treasurer
Mary F. Platt
Hon. Michael Snyder (ret.)
Board of Governors (elect five)
Natalie Klyashtorny
Rachel E. Kopp
Emily B. Marks
John J. O’Malley
Brad V. Shuttleworth
Dawn M. Tancredi
philadelphiabar.org
2012 BAR ELECTIONS
6 Seek 5 Seats on Board of Governors
Klyashtorny
Kopp
This year, six candidates are
seeking five three-year terms on the
Board of Governors. The candidates are
Natalie Klyashtorny, Rachel E. Kopp,
Emily B. Marks, John J. O’Malley, Brad
V. Shuttleworth and Dawn M. Tancredi.
Natalie Klyashtorny
Professional Background: Of Counsel, Nochumson, P.C.; Temple University
School of Law.
Association Activities: Member, Board
of Governors (2004-2005); Cabinet
(2005); Commission on Judicial Selection and Retention, Voting Member
(2005); Commission on Judicial Selection and Retention, Investigative Division (2003-2006, 2011-2013); co-chair,
Solo and Small Firm Committee (2010);
co-chair, City Policy Committee (2008);
Young Lawyers Division, chair (2005),
chair-elect (2004), treasurer (2003), elected member, Executive Committee (20022005); Bench-Bar Conference Committee (2005); Sandra Day O’Connor Award
Committee (2005).
Other Activities: Temple American
Inn of Court (2010-present); Temple
University School of Law, Women’s
Law Caucus mentor (2008-present);
Asst. Treasurer
continued from page 15
Candidate’s Statement: I’m asking for your vote in my candidacy for
Assistant Treasurer of the Philadelphia
Bar Association because I believe in the
greatness of our Association, and because
I recognize that the Bar and its members
face unique challenges as we attempt
to ensure the continued vitality of this
historic organization.
I believe that in order for us to continue to be successful, we need to increase
membership, provide unique programming, explore creative sources of fundraising, provide value-added services that
philadelphiabar.org
Marks
Louis D. Brandeis Law Society Executive
Committee (2004-2008); Temple Law
School Alumni Association Executive
Committee (2004-2006); Pennsylvania
Bar Association Young Lawyers Division
Executive Council Zone Chairperson
At-Large (2003-2004); American Bar
Association Pennsylvania Delegate to
Young Lawyers Division Assembly,
Mid-Year and Annual Meetings (2003);
Annual Meeting (2004); Mid-Year and
Annual Meetings (2005); Philadelphia
Trial Lawyers Association; Lawyers Club
of Philadelphia; Jewish Federation of
Greater Philadelphia Leadership Development Program; Susan G. Komen
Breast Cancer Foundation.
Candidate’s Statement: Having
previously served a term on the Board of
Governors in my capacity as chair of the
Young Lawyers Division, I am now seeking the opportunity to serve you again
as an elected member of the Board. As a
result of my decade-long involvement in
various positions of leadership within the
Bar Association, I am uniquely familiar
with the important issues that confront it
and our profession.
These are difficult, uncertain times,
for us as a profession and as citizens. Bar
Association membership has decreased
increase the value of membership and,
at the same time, husband our financial
resources, so that we have the ability to
expand our services to our members and
to the community at large. As Assistant
Treasurer, I believe that I can assist our
Bar Association in meeting these goals
with a mix of creative problem solving
and consensus building.
I feel that my background as a judge
and mediator has given me the chance to
better understand the individual and collective challenges facing each of us in our
professional lives.
I will continue to work to sustain
our Philadelphia Bar Association as the
premier Bar Association in the country. I
appreciate your support.
O’Malley
Shuttleworth
because many attorneys are too busy
concentrating on their practices in these
precarious economic times. I would like
to lend input on attracting new members
and involving more current members
through exploring the power of partnerships and other ideas. To that end, as
YLD Chair, I organized programs at the
area law schools featuring panels of bar
leaders to highlight to students the importance of Bar Association involvement
to their professional development.
As most members are Philadelphia
practitioners, an important member
service is the Association’s continued
involvement with the court system and
the judiciary to improve implementation
of justice. The Association should also become more involved in joint projects with
city government to enhance Philadelphia’s
economic development.
Rachel E. Kopp
Professional Profile: Associate, Spector
Roseman Kodroff & Willis, PC; Villanova University School of Law.
Association Activities: Member,
Membership Task Force (2012-2013);
Young Lawyers Division Executive
Committee (2009-2013); YLD vice chair
(2011-2012); YLD financial secretary
(2010-2011); chair, founder, Young
Lawyer Bootcamp (2010-2012); chair,
People’s Law School; co-chair, Legal
Education and Law School Outreach
Committee (2010-2012); Get Help Now!
Legal Initiative (2009); High School
Mock Trial competition; Lawyer in the
Classroom; Harvest for the Homeless;
Comedy Night to benefit the Philadelphia Bar Foundation, Silent Auction
Committee; ABA liaison to Young Lawyers Division (2012-2013, 2008-2009);
Green Ribbon Task Force (2010-2011).
Other Activities: Membership director,
ABA Young Lawyers Division Council
(2012-2013; 2010-2011); Young Lawyers
Division administrative director (20112012); district representative for Pennsylvania (2008-2010); editor-in-chief,
Tancredi
The Affiliate newsletter (2007-2008);
Young Lawyers Division Leadership
Advisory Board (2010-2013); Truth
In Law School Education Committee
(2011-2012); liaison to ABA Standing
Committee on Membership (20082010); Young Lawyers Division Credentials Board (2009-2010); Young Lawyers
Division Member Service Project Team
(2009-2010); Young Lawyers Division
Membership Board (2008-2009); Young
Lawyers Division Publications Task
Force (2008-2009); assistant editor, The
Affiliate newsletter (2006-2007); Young
Lawyers Division Choose Law Team
(2005-2006); member, ABA Section of
Litigation, Class Action Committee and
ABA International Law Committee;
member, Brandeis Law Society; member,
Pennsylvania Bar Association Young
Lawyers Division Cabinet; ABA YLD
District Representative (2008-2010);
Young Lawyers Division delegate (20072008); chair, Law Student Division
(2006-2007); Commission on Women
in the Profession; associate member, Villanova Law J. Willard O’Brien American
Inn of Court (2009-present); visitor
services volunteer, National Museum of
American Jewish History (November
2011-present); Naval Square Residential
Community Rules and Regulations
Committee (2009-2012); Grounded In
Music Board of Directors, Philadelphia
Chapter, (March 2006-March 2009);
and Philadelphia Court of Common
Pleas and Philadelphia VIP’s Residential
Mortgage Foreclosure Diversion Program.
Candidate’s Statement: It is with great
pleasure that I seek your support for a
position on the Board of Governors of
the Philadelphia Bar Association. I know
first-hand the importance of the Association in representing and advocating for
lawyers.
As an Executive Committee member
and former officer of the YLD, my bar
service focuses on public service, leadcontinued on page 16
November 2012 Philadelphia Bar Reporter
15
2012 BAR ELECTIONS
Board Election
continued from page 15
ership, professional development and
membership, including recruiting and
retaining members, which is crucial to the
Association. I recognize our responsibility to introduce, support and foster the
newest members of the profession and
seek out opportunities to assist all lawyers
in their professional journey. I am also
sensitive to the need to continually create
value for our members.
I believe that it is essential for lawyers to fulfill the Association’s mission
of serving the profession and the public
by promoting justice and professional
excellence. I will continue to engage in
opportunities to assist our legal community and our community at large. I was
privileged to chair the YLD’s People’s Law
School and Boot Camp and participate
in numerous other programs, including
Harvest for the Homeless, Lawyer in the
Classroom and Mock Trial.
I look forward to representing you
by continuing my commitment to our
profession and the Philadelphia Bar Association.
Emily B. Marks
Professional Profile: Associate, Kolsby,
Gordon, Robin, Shore & Bezar; Temple
University Beasley School of Law.
Association Activities: Co-chair,
Women in the Profession Committee
(2010); YLD Liaison, Women in the
Profession Committee (2010-present);
co-chair, Women in the Profession Public
Service Task Force (2008-2010).
Other Activities: Member, Philadelphia
Trial Lawyers Association, Brandeis Law
Society.
Candidate’s Statement: I am seeking
a position on the Board of Governors
so I can continue my service to the Bar
Association. I believe that as an attorney
in Philadelphia, I have a professional responsibility to promote the best interests
of the legal profession and community.
As an active member of the Bar Association and with my commitment to public
service, I am positive that I can be a valuable member of the Board of Governors.
My experience during my term as
co-chair of the Women in the Profession
Committee includes writing and proposing a resolution in support of examining
the level of women’s participation on
executive boards in companies that do
business with the city of Philadelphia,
which was adopted by the Board of
Governors on July 26, 2012. Additionally, I was one of the faculty members
16
and moderators for a presentation on
“Vanishing Trials: Building Trial Skills in
the Age of Settlement and ADR” that was
presented at this year’s Bench-Bar Conference and included an esteemed panel of
judges from various courts.
As a member of the Public Service Task
Force and Young Lawyers Division, some
of my public service commitments include serving as a mentor to high school
students, collecting school supplies for
Philadelphia school children, volunteering for LegalLine, organizing a collection for the Harvest for the Homeless,
and assisting with the Lawyer for a Day
program.
John J. O’Malley
Professional Profile: Shareholder,
Volpe and Koenig, P.C.; Villanova University School of Law.
Association Activities: Member, Federal Courts Committee and Intellectual
Property Committee.
Other Activities: Vice president,
Irish-American Business Chamber and
Network (2012-present); board member,
Irish Immigration Center of Philadelphia
(2008-present); Brehon Law Society,
president (2008-2010), vice president
(2006-2008); Board of Directors, Committee of Seventy (2005-2009); Board
of Directors, Family and Community
Service of Delaware County (2001-2007)
Candidate’s Statement: I believe my
experience with transactional and litigated
matters in the intellectual property area
will enable me to bring new and creative
ideas to the Board of Governors. In October 2012, I co-chaired the Brehon Law
Society’s symposium on “Doing Business
in the U.S. and the EU/Ireland” which
we arranged to have keynoted by the
Irish prime minister. One of the event’s
goals was to promote Philadelphia and
Philadelphia attorneys. The event drew
more than 200 attendees. Based on that
success, the event is scheduled to be held
in Ireland in 2013. I am committed to
increasing the profile of the Bar Association and its members through this type of
outreach.
While increasing our members’ visibility is important, we cannot forget the Bar
Association’s long history of leadership
and service. I remain committed to promoting the goals of diversity, defending
equal rights, supporting the provision of
legal services to all regardless of income,
and providing non-legal service to the
community.
As a son of immigrants, I have a
perspective that allows me to advocate for
the needs of our members while remaining true to the traditions and values of the
Philadelphia Bar Reporter November 2012
Bar Association. I would be honored to
have your support.
Brad V. Shuttleworth
Professional Profile: Of Counsel, Alva
& Associates; Temple University Beasley
School of Law.
Association Activities: Criminal
Justice Section representative to the Board
of Governors (2012); chair, Criminal Justice Section (2011); chair-elect, Criminal
Justice Section (2010); treasurer, Criminal
Justice Section (2009); member, Executive Committee, Criminal Justice Section
(2008); member, Commission on Judicial
Selection and Retention (2011-2012).
Other Activities: Member, Pennsylvania
Association of Criminal Defense Lawyers
(2005-present); member, Criminal Procedural Rules Committee of the Pennsylvania Association of Criminal Defense
Lawyers (2009-2010, 2012); member,
National Association of Criminal
Defense Lawyers (2011-2012); volunteer,
Philadelphia Volunteers for the Indigent
Program.
Candidate’s Statement: The work
that the Philadelphia Bar Association
takes on is extremely important to our
membership, the Philadelphia legal
community and the community at large.
Since becoming a lawyer, I have actively
participated as a member, always keeping
in mind the contributions we make and
the stakeholders involved. I will continue
this mindfulness if elected to the Board of
Governors.
The Philadelphia Bar Association must
remain vibrant in our involvement in the
justice community and competitive as
an indispensable resource to our members. I recently had the honor to serve
the Association as chair of the Criminal
Justice Section in 2011. I helped to lead
the Section as a relevant resource to the
criminal-justice community, to keep it as
an active voice in the activities of the First
Judicial District of Pennsylvania, and to
shepherd it into the future by assisting in
creating resources for our members, such
as the Criminal Justice Section blog. As
a Board member, I would continue to
help the Philadelphia Bar Association as a
leader in our profession.
This year, I have served the Association
as the Criminal Justice Section’s representative to the Board of Governors. With
your support, I will continue to serve the
Association with the very same vigor.
Dawn M. Tancredi
Professional Profile: Shareholder, Mattioni, Ltd.; Temple University James E.
Beasley School of Law.
All Bar Association members are
invited to attend two Election
Forums to hear from candidates
seeking Bar offices on Wednesday,
Nov. 14 at 12 p.m. (featuring Vice
Chancellor and officer candidates)
and Thursday, Nov. 15 at 12 p.m.
(featuring Board of Governors candidates). The Forums will be held in
the 11th floor Conference Center.
RSVP at philadelphiabar.org.
Association Activities: Co-chair,
Zoning, Land Use and Code Enforcement Committee (2011-12); presenter,
Bench Bar Conference CLE (2012);
co-planner, Zoning, Land Use and Code
Enforcement Committee Meeting hosting Commonwealth Court candidates
(2011); participant, Real Property Section
Committee reviewing and commenting
on Draft Zoning Code (2010-2011); Real
Property Section volunteer to build with
Habitat for Humanity (2011); participant, Philadelphia Bar Association 5K
Bar Run (2002, 2009).
Other Activities: Co-course planner
and presenter, PBI CLE programs (20102012); presenter at NBI CLE programs
(2011-2012); president, St. Joseph’s
University Law Alumni Association
(2010-12); board member, The Justinian
Society (2008-2011, 2011-14); secretary,
The Lawyers’ Club (2007-2010, 201013).
Candidate’s Statement: “From what
we get, we can make a living; what we
give, however, makes a life.” – Arthur
Ashe.
Throughout my 12-year career as an
attorney, I have given back to the Philadelphia community by volunteering in
pro bono cases for the indigent in a wide
range of matters that include navigating
families through foreclosure proceedings
so that they could remain in their homes;
assisting the elderly to probate estates of
deceased relatives; and helping a grandmother obtain custody of her grandchildren so she could provide medical
treatment and enroll them in school.
A position on the Board of Governors
of the Bar Association provides the opportunity for me to give back to the legal
community as well. The Bar Association
serves its members by responding to
controversial legal issues that arise. For instance, I saw the Bar Association successfully challenge an overly broad lobbying
law that would have impeded the ability
of members of the bar to effectively represent their clients. The response was an
example of the Bar Association’s positive
impact on its members.
If elected to the Board of Governors,
I promise to continue the Bar Association’s mission to serve its members and
to encourage its members to serve the
community.
philadelphiabar.org
2012 YOUNG LAWYERS DIVISION ELECTION
9 Seek 7 Seats on YLD Executive Committee
Philip D. Amoa
Professional Background: Associate,
McCarter & English, LLP; University of
Illinois College of Law.
Candidate’s Statement: My qualifications to serve on the YLD Executive
Committee encompass many aspects.
An example would be my experience as a
subcommittee chair of the LPUE Committee of the ABA Business Law Section.
In my role, I am responsible for, among
other things, organizing events for the
committee. In addition, I have participated in numerous events sponsored by the
Pennsylvania Bar Association and would
welcome the opportunity to support
initiatives of the YLD to increase business
law-related events. Furthermore, I am a
regular volunteer with Philadelphia VIP
and attend each organized small business clinic aimed at helping low-income
entrepreneurs.
Matthew Olesh
Amoa
Chapman
Kornblau
Nixon
Olesh
Parker
Professional Background: Associate, Fox Rothschild LLP; University of
Pennsylvania Law School.
Candidate’s Statement: I have recently
been involved with the YLD as liaison
to the Bar Association’s Green Ribbon
Committee and would like to get even
more involved as a member of the YLD
Executive Committee. I have shown my
leadership ability by serving on three
other boards. I also participate on Philadelphia VIP’s board through the YLD
Board Observer Program. Through these
connections, I would like to help the
YLD get even more involved with local
causes, fostering a sense of unity both
within the YLD’s membership and the
YLD and community at large.
Shabrei Parker
T. Justin Chapman
Professional Background: The Law
Office of T. Justin Chapman, LLC (sole
member) and White and Williams LLP;
Vanderbilt University Law School.
Candidate’s Statement: As a young
associate at a large law firm who is also
building his own separate practice, I can
appreciate the struggles and pressures
faced by new attorneys, and I can attest
to the value of a supportive professional network like the YLD. As a voting
member, I want to help the Executive
Committee develop creative networking opportunities for young attorneys. I
believe the YLD’s philanthropic activities
provide a vital service to the city and
promote a positive impression of the legal
profession in the community. I will work
hard to advance this socially responsible
agenda and to promote volunteer opportunities for young attorneys.
Andrew J. Kornblau
Professional Background: Associate,
Landman Corsi Ballaine & Ford P.C.;
Rutgers School of Law – Camden.
Candidate’s Statement: I feel I am
qualified to serve as a member of the
YLD Executive Committee because I
understand the importance of a group
like the YLD in helping to shape the
legal careers of young attorneys in our
community. Having spent the past
year serving as a liaison member to
the YLD Executive Committee, and a
philadelphiabar.org
Russell
Stone
member of the Rutgers Law School
Alumni Board, I have been able to
advance my leadership skills that will be
an asset to the YLD. Most importantly,
I am passionate about helping our legal
profession advance and the YLD Executive Committee is the perfect avenue to
achieve this.
Jim Nixon
Professional Background: Attorney,
Superior Court of Pennsylvania. Rutgers
School of Law – Camden.
Candidate’s Statement: I am asking
for your vote for the YLD Executive
Committee. If elected, I would take
an energetic and positive approach to
promoting YLD interests. I have been an
active member of the Philadelphia Bar,
participating in the YLD Mock Trial
Program and Law Week. Further, I have
initiated several student outreach activities with the Superior Court. I am a “user
friendly” consensus builder. My main
objectives would be to reach out to law
Zimmerman
firms, government agencies and other
institutions in order to heighten the exposure of the YLD, increase membership
and plan programs that are socially and
intellectually relevant.
Professional Background: Law Clerk
to Philadelphia Court of Common
Pleas Judge Sandy L.V. Byrd; Drexel
University Earle Mack School of Law.
Candidate’s Statement: For the 20112012 year, I served my first term on
the Executive Committee of the YLD.
My initial appointment was as a liaison
for the Philadelphia Barristers’ Association, but I quickly became much more
involved in the different programs and
events throughout the year. This year,
I co-chaired Lawyer for a Day and the
YLD Diversity Scholarship programs and
volunteered at programs like LegalLine.
continued on page 18
Election Notice
Candidates For YLD Executive Committee
Balloting for members of the Young Lawyers Division Executive Committee
will take place on Tuesday, Dec. 4, from 8:30 a.m. to 6 p.m. on the Ballroom
Level of the Hyatt at The Bellevue, Broad and Walnut streets. This year, nine candidates are seeking election to seven seats available on the YLD Executive Committee. Committee members serve three-year terms.
Candidates for Office
Philip D. Amoa
Shabrei Parker
T. Justin Chapman
Jennifer Russell
Andrew J. Kornblau
Matthew T. Stone
Jim Nixon
Robert W. Zimmerman
Matthew Olesh
Note: Only members in good standing of the Association’s Young Lawyers Division may cast votes in this election. Attorneys are members of the Division if (1)
they have not yet reached or reached in 2012 the age of 37, or (2) they have not
yet reached or reached in 2012 the third anniversary of their first admission to the
bar of any state.
November 2012 Philadelphia Bar Reporter
17
Line Offices
continued from page 13
Lee has been a member of the executive committee of the Asian Pacific American Bar Association of Pennsylvania since
2000, having served as president in 2006.
She is co-chair of the Litigation Committee of the National Asian Pacific American Bar Association and is a member
of the National Association of Women
Lawyers. Lee is a former board member
and president of AIDS Services in Asian
Communities and has been board development director for the Asian Arts Initiative since 2002. She was a member of the
executive board of the Cornell Club of
Greater Philadelphia and a volunteer with
the Cornell Alumni Ambassadors Admissions Network. She is vice chair of the
Mayor’s Commission on Asian American
Affairs and is a board member of the Old
City Civic Association. She is a member
of the advisory board of Pennsylvanians
for Modern Courts and a board member
of Philadelphia VIP.
Payne is a partner with White and
Williams, LLP and a graduate of the
University of Maryland School of Law.
He is currently assistant treasurer of the
Association. He is chair of the Military
Affairs Committee and co-chair of the
Insurance Programs Committee. He is a
member of the Minorities in the Profession Committee, Diversity Committee
and an Advancing Civics Education
program team leader in 2008 and 2009.
Payne serves as a judge pro tem,
Philadelphia Court of Common Pleas
and is a member of the Board of Directors, Philadelphia Diversity Law Group,
Inc.; Philadelphia Association of Defense
Counsel; Pennsylvania Defense Institute,
director, North East Region and chair,
Rules Committee; Barristers’ Association of Philadelphia; Pennsylvania Bar
Association, Minority Bar and Judicial
YLD Election
continued from page 17
I am actively engaged in the YLD, and will continue to
support its programs throughout my time on the Executive Committee.
Jennifer Russell
Professional Background: Staff Attorney, SeniorLAW
Center; Temple University Beasley School of Law.
Candidate’s Statement: As the 2012 Public Interest
liaison to the Executive Committee of the YLD, I cochaired the YLD Poster Contest and Edward F. Chacker
Essay Contest this year. I am running for the Executive
Committee because I want to raise the bar and continue
to play an active role in the YLD’s community outreach
Administration Committees; Defense
Research Institute, Diversity and Toxic
Tort & Environmental Law Committees; co-chair, Homeless Advocacy Project
Practice Group; Volunteer for the Indigent Program, case volunteer and Tangled
Title Practice Group; Washington and
Lee University, Alumni Admissions
Program. He is also a certified arbitration
panelist in both Philadelphia County and
federal court.
Segal is a partner with Fox Rothschild
LLP and a graduate of Temple University
School of Law.
Segal currently serves as Assistant
Secretary of the Association and co-chair
of the Membership Task Force. She has
held a number of other Bar Association
positions including Parliamentarian to
the Board of Governors (2010); Cabinet
(2010); Board of Governors (20072009); co-chair, Membership Task Force
(2010); chair, Chancellor’s Committee
for Pandemic/Disaster Planning (2007-
efforts. After graduating law school, I managed and
implemented a fellowship project funded by the Independence Foundation and I currently serve as a SeniorLAW Center staff attorney. My professional experience
and commitment to public interest endeavors will ensure
that I am an asset to the YLD Executive Committee.
into our legal community’s strengths and also its areas in
need of improvement. The relationships I have developed
with attorneys in this city combined with my experience
in both federal court and City Hall make me well-suited
for a position on the Executive Committee.
Robert W. Zimmerman
Matthew T. Stone
Professional Background: Associate, Cohen, Placitella
& Roth, P.C.; Rutgers School of Law – Camden.
Candidate’s Statement: For the 31 years of my life, I
have lived and breathed Philadelphia. Moreover, being
raised in a family of lawyers I was introduced at a young
age to the practice of law in this city. This early familiarity
with not just the fields of practice, but the attorneys and
judges doing the practicing, has given me keen insight
2009); Elections Committee (2008);
Commission on Judicial Selection and
Retention (2006); Section Chairs Committee (2006). Family Law Section: chair
(2006); chair-elect (2005); treasurer
(2004); secretary (2003); executive committee (1997-present); co-chair, Child
Support Legislation Committee (2004);
co-chair, Divorce and Equitable Distribution Committee (1997-2002); co-chair,
Domestic Violence Committee (19941996).
Segal was an officer, executive committee member, and founding member
of Philadelphia’s Nicholas A. Cipriani
Family Law American Inn of Court
(2006-2007); member, Doris Jonas Freed
American Inn of Court (1998-present);
member, University of Pennsylvania Law
School American Inn of Court (19941996); member, American Bar Association, Family Law Section; member,
Pennsylvania Bar Association, Family Law
Section.
Professional Background: Associate, Saltz, Mongeluzzi, Barrett & Bendesky, P.C.; Villanova University
School of Law.
Candidate’s Statement: I am dedicated to the practice
of law and the city of Philadelphia. Having lived in
Philadelphia nearly my entire life, I believe the Bar Association and YLD can provide real benefits and change
not only to those practicing law, but to all citizens of the
Philadelphia area.
Philadelphia Bar Association Annual Meeting Luncheon
Tuesday, Dec. 4 at 12 p.m. at the Hyatt at The Bellevue, Broad and Walnut streets
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Name: ___________________________________________________
Return to:
Annual Meeting
Philadelphia Bar Association
1101 Market St., 11th floor
Philadelphia, Pa. 19107-2955
Firm/Employer: _____________________________________________
Credit Cardholder: ___________________________________________
Address: _________________________________________________
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Please make _______ reservations for the Philadelphia Bar Association’s Annual
Meeting Luncheon. Tickets are $55 for members and $70 for non-members. Checks
should be made payable to the Philadelphia Bar Association.
$SFEJUDBSEQBZNFOUTTIPVMECFGBYFEUP#BS)FBERVBSUFSTBU
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18
Philadelphia Bar Reporter November 2012
philadelphiabar.org
INTERNATIONAL LAW COMMITTEE
ICC’s 10th Anniversary Marked in Philadelphia
■ By Michael E. Scullin
The 10th anniversary of the International Criminal Court was marked
with the conference “Celebrate, Reflect,
Promote” at the Free Library of Philadelphia on Sept. 10 and featured a video
address from Sang-Hyun Song, a Korean
jurist and president of the ICC.
The Philadelphia Global Initiative
on the Rule of Law was established to
examine the development of the rule
of law at the national and international
level, and to promote professional and
public education about the International
Criminal Court.
The Philadelphia Global Initiative is
comprised of members of the United
Nations Association of Greater Philadelphia, the International Law Committee
of the Philadelphia Bar Association and
representatives from Temple University’s
Beasley School of Law. Its members believe that the U.S. Constitution, like the
Rome Statute, which created the ICC,
was a revolutionary and transformational
document, establishing principles of a
legal framework for the rule of law. The
initiative was inspired by Enid Adler, a
longtime member of various ICC groups,
who drew an historical and logical connection between the U.S. Constitution
and the entry into force of the Rome
Statute. The workings of the ICC, with
its first verdict and sentencing this year,
can be seen as the ultimate global expression of the international rule of law and
protection of human rights. It seemed appropriate to commemorate the ICC anniversary, along with the 225th anniversary
of the Constitution in Philadelphia. In a
sense, it all started here.
Judge Song observed “these two anniversaries certainly provide an inspiring
opportunity for reflection,” and asked,
“What better place could there be for
your discussion right now than Philadelphia, the great city where the U.S.
Constitution was adopted 225 years ago”?
Although he recognized the challenges
and obstacles that remain for the ICC,
such as strengthening national justice systems and obtaining universal support, he
cited the progress and accomplishments,
particularly the first conviction and sentencing, for the use of child soldiers in the
Democratic Republic of Congo.
Michael S. Greco, former president of
the American Bar Association and chair
of the Advisory Council of the ABA
Center for Human Rights, commended
the late Jerome J. Shestak, who attended
philadelphiabar.org
Enid H. Adler of the International Law Committee, Committee Co-Chair Michael
E. Scullin and Christiaan Morssink, CEO of the United Nations Association of
Greater Philadelphia, display a resolution presented by Mayor Michael Nutter
declaring Sept. 10 as Philadelphia Global Initiative on the Rule of Law Day. The
presentation was made at a reception at the offices of Reed Smith LLP.
the Rome Conference and helped to
bring the Rome Statute into existence. He
outlined the decision of the ABA to put
some meaning behind its longstanding
policy of support for the ICC, based on
three prongs – to convene conferences to
educate lawyers as to what the practice of
international law is; to facilitate direct engagement between U.S. and ICC officials
to build trust and understanding; and to
advocate publicly before U.S. legislative
and executive branches and the general
public.
The core of the program was a panel
discussion moderated by Roger S. Clark,
Professor of Law at Rutgers School of
Law-Camden (who has represented the
Government of Samoa in the establishment of the ICC), and Jacqueline C.
Reich, Professor of Political Science at
Chestnut Hill College. Clark’s introduction highlighted other significant achievements in the development of a body of
international human rights that occurred
in Philadelphia – the International Labor
Organization’s Philadelphia Declaration
of Ends and Purposes, which recognized
that “lasting peace can only be established
if it is based on social justice,” and the
American Law Institute’s Statement of
Essential Human Rights, which had a
profound influence of the U.N.’s Declaration of Human Rights. Reich underlined
“tranferrable concepts” between the U.S.
Constitution and the ICC. “Both documents were created to avoid or mitigate
the ability of powers to act with impunity,
and both depend on concepts of how
government should work, and the scope
of law and jurisdiction,” she said.
Panelists included Thomas Graham,
U.S. Ambassador and former U.S. Special
Representative for Arms Control, Nonproliferation and Disarmament; Stephen
J. Rapp, Ambassador-at-Large, Global
Criminal Justice, U.S. Department of
State; James R. Silkenat, president-elect of
the ABA; John L. Washburn, Convenor
of the American NGO Coalition for the
ICC; and Christian Wenaweser, Ambassador of Liechtenstein to the United Nations and immediate past president of the
Association of States Parties of the ICC.
The panelists noted that there was,
indeed, a sense at the Rome Conference
that the process and result of establishing
the ICC were similar to the Constitutional Congress, that they were aware that this
was a significant moment to create something extraordinary. It was, too, a “great
experiment.” As with the Constitution,
there were also extraordinary individuals
who were responsible for bringing the
conference to a productive conclusion.
A second question focused on the legitimacy and functioning of the ICC, and
how harmful is it that the U.S. remains
outside the 2002 Rome Statute. Panelists
pointed out both positive and negative
aspects of American non-participation.
In some ways, the absence of the U.S.
slowed the court down and made it less
effective. On the other hand, the fact that
the court was not U.S.-dominated may
have drawn some countries in. It was to
be a truly independent body, not unduly
influenced or controlled by one or more
big powers. Moreover, even though the
U. S. is limited in its relations with the
court, and has not ratified the Rome
Statute, it nevertheless provides important
continued on page 21
International Law Events Planned
Two more events for law professionals are planned with a total of up to 10 CLE
credits for all three events. These events will be organized in cooperation with
the International Criminal Court, and ICC judges are expected to attend. The
members of the Global Initiative are working with experts to prepare thoughtprovoking, specialized lectures and presentations.
Thursday, Nov. 8: The next seminar (four credit hours) will be held at Temple
University James E. Beasley School of Law. The first panel will be moderated by
Professor James Shellenberger and features Judge Sanji Masenono Monogeng of
Botswana, first vice president of the ICC, U.S. District Court Judge Robert B.
Kugler and others. The panel will compare and contrast ICC and U.S. criminal
procedures, with a particular emphasis on the role of the ICC Pre-Trial Chamber
as it has evolved in the court’s early cases. Judge Kugler will discuss the complex
Fort Dix terrorist case.
The second panel, convened by Temple Professor Margaret de Guzman, will
feature Rod Rastan, legal officer in the ICC’s Office of the Prosecutor; Matthew
Heaphy, deputy convenor of the AMICC and others. It will assess the ICC’s contributions to the quest for global justice in its first 10 years, examining the Court’s
emerging jurisprudence on such issues as jurisdiction and admissibility, as well as
the prosecutors’ decisions about which cases to investigate and prosecute. Panelists
will address such important and controversial issues as whether the ICC is excessively focused on Africa, whether the prosecutor is focused on the most important
cases, and whether the Court is adequately addressing the needs of victims.
February 2013: Additional professional education seminars (also four CLE
credit hours) are planned for February 2013 at the University of Pennsylvania Law
School, with a focus on “Enforcement and Victim Issues.”
November 2012 Philadelphia Bar Reporter
19
20
Philadelphia Bar Reporter November 2012
philadelphiabar.org
Bar-News Media
continued from page 9
issues, failed mergers, the loss of a senior
partner or named partner (through a
lateral move or death), partner disputes,
high profile litigation and rogue clients,
natural, website and data hacking, negative media attention, compromised client
information and privacy/confidentiality
violations, criminal accusations against
members of the firm, and so on. So if you
think your law firm doesn’t need a crisis
plan, think again. Consider:
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reception. Just think about Mitt Romney’s 47 percent remark.
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good offense. Create a crisis communications plan no matter the size of your firm.
t"MXBZTIBWFBGFXCJHFWFSHSFFOTUPries in the pocket to balance bad news.
t/FWFSTBZiOPDPNNFOUwUPUIF
media. Use alternative bridges such as, “I
would like to draw your attention to ….”
t.BLFTVSFZPVIBWFUIFDPSSFDUGBDUT
before going on the record. If you have
to prioritize speed versus effectiveness,
choose the latter. Make sure what you say
is iron clad and accurate. t)BWFZPVSNFTTBHFTCPJMFSQMBUFBOE
evergreen) ready on a “dark website” in
preparation for a crisis.
t&WFOJGZPVEPOUIBWFBDSJTJTDPNmunications plan, take action today and
identify who will be in charge when a
crisis hits.
t$SJTJTDPNNVOJDBUJPOTQMBOTOFFE
to consider all audiences – staff, clients,
media, referral sources, etc.
There are vulnerabilities that need to
be addressed in crisis planning – look at
the warning signs and plan for the crisis
before the crisis hits.
Gina F. Rubel ([email protected]), chair of
the Bar-News Media Committee and a member of the Association’s Board of Governors, is
president of Furia Rubel Communications, Inc.
ICC
continued from page 19
assistance to the court, including in the
areas of witness protection, informationsharing and bringing fugitives to justice.
The panel also considered what the
ICC can realistically accomplish in terms
of building a framework for an international rule of law. There was a consensus
that much remains to be done, particularly in the area of achieving universal
jurisdiction. But there is a fundamental
reality that has changed: equality before
the law. No longer will the most powerful
simply be able to get away with heinous
activity. The court has created a degree
of accountability and a perception of accountability. As Washburn noted, “If you
commit a crime in a particular area of
international law, you personally will go
to jail.” This is a permanent development.
The Philadelphia Global Initiative will
also include the organization of a special
Model United Nations Conference on
the Rule of Law for students in our high
schools and colleges. Patrick Madden,
executive director of the United Nations
Association of the U.S.A., announced the
establishment of the Jerome J. Shestak
Model United Nations Conference,
named for the late ABA president who
championed human rights and served as
U.S. ambassador to the United Nations
for Human Rights. The Shestak Model
United Nations Conference is scheduled
for early March 2013.
Don Krauss, CEO of Citizens for
Global Solutions, observed that the
Rome Statute was in many ways “Made
in the USA.” Much of the drafting was
done with the assistance of U.S. and even
JAG Corps lawyers, and many principles
respected in the U.S., including presumption of innocence, the right to remain
silent, protection against double jeopardy
and the requirement of warrants, are also
enshrined in the Rome Statute.
Michael E. Scullin, counsel to McElroy,
Deutsch, Mulvaney & Carpenter, LLP, is cochair of the International Law Committee.
philadelphiabar.org
November 2012 Philadelphia Bar Reporter
21
Bar Foundation
Shear Gratitude for Executive Director’s Leadership
Over the years, the
and By-Laws for the
By Wendy Beetlestone
Bar Foundation has been
“proposed Philadelphia
graced with an impresBar Foundation” had
sive group of people
been completed. The
who have served as its
first board of this new
president, including Sanonprofit organization
die T.M. Alexander who
met on Dec. 14, 1964.
was president in 1973.
The Bar FoundaDr. Alexander was the
tion’s newly adopted
first African-American
charter and bylaws
woman in the United
charged it with “seeking
States to earn a Ph.D.
to advance and improve
and the first Africanthe administration of
American woman to graduate from the
justice; improving relations between
University of Pennsylvania Law School.
members of the Bar, Judiciary and public;
From a personal perspective, I know her
providing charitable assistance to needy
name from my mother who tells me
and indigent members of the Bar and
she played with and grew up with Sadie
supporting worthy causes of a charitable
Alexander’s children in Philadelphia in
nature related to the legal profession.” The
the 1940s and 1950s. More importantly
first grants made by the Bar Foundation
from the Foundation’s perspective, she
were to the Philadelphia Legal Services
was the first woman to join the board of
for Juveniles Project and the Philadelphia
the Bar Foundation in 1970 and its first
Bail Project that was part of a national
woman president.
movement to reform the bail system.
The 1970s was an important decade
Since those first grants, the Bar Foundain the life of the Bar Foundation. The
tion has given more than $10.5 million to
amount the organization gave in grants
93 different law-related organizations.
to legal services organizations increased
so that by 1980, $58,000 was awarded in
grants. Among the grantees at that time
were Juvenile Law Center, Public Interest
Law Center of Philadelphia and Support
Center for Child Advocates – each of
which, 40 years on, still receives an annual grant from the Foundation.
In 1979 the first Andrew Hamilton
Ball was held to focus the attention of
the Philadelphia legal community on
the work of the Bar Foundation. Five
years later, in 1984 the event became a
fundraiser at the instigation of Goldye
Comisky, wife of former Chancellor and
former Foundation President Marvin
Comisky, who chaired the event that year.
“Until the year I chaired it, the Ball wasn’t
a fundraiser. I started the idea of raising
money through an ad book. We worked
our hearts out and raised a great deal of
money that year. And it’s continued to
raise money for many years,” she said.
During the 1980s the Bar Foundation began to build its endowment so as
to be able to be a consistent and stable
source of funding for legal services to
those who need a lawyer to assert their
rights but can’t afford one. Farsighted
While our lawyer was fighting to get the settlement we deserved, we couldn’t
attorneys committed to this idea each
afford our bills – and were at risk of losing our home.
agreed to donate significant sums over a
US Claims helped us and they can help you too.
number of years by joining the Hamilton
Circle and the Advocates of Justice. Their
perspicacity has helped the Bar Foundation’s endowment grow to the $6 million
Over the last few months the
trustees of the Philadelphia Bar Foundation have been working on a five-year
strategic plan for 2013 through 2018.
Those years are particularly significant
for the Foundation because 2014 will
be our 50th anniversary and we want
to make sure that we mark the occasion
with appropriate flair. Debbie Gross, who
becomes the president of the Foundation in January 2013, is focused on how
to make the anniversary transformative
for the Foundation and for its grantee
organizations.
Perhaps because development of the
strategic plan required such concentration
on the future, I began to think about our
organization’s past – how it was created
and how it has changed in the almost half
century since it was founded.
It makes sense, of course, that the Bar
Foundation was founded by the Bar Association. In the minutes of the Philadelphia Bar Association Board of Governors meeting of Oct. 26, 1964, then
Chancellor Theodore Voorhees reported
that a draft of Articles of Incorporation
US Claims helped us save our house.
22
Philadelphia Bar Reporter November 2012
it is today. The Foundation’s new strategic
plan commits to grow that amount even
more to give us the ability to consistently
give more to our grantee organizations.
There is, however, one person who
has had more impact on the growth of
the Foundation than any single other
person. That is Philadelphia Bar Association Executive Director Ken Shear. Ken is
retiring in 2013 after years and years and
years of devoted and productive service.
Under Ken’s leadership, several Bar Association pro bono projects – Support
Center for Child Advocates, Philadelphia
VIP and the Homeless Advocacy Project
– became legal services organizations and,
then, Bar Foundation grantees. Karen
Buck, executive director of SeniorLAW
Center, speaking for herself but reflecting
the sentiments of the entire legal services
community, said, “Ken Shear has been
an instrumental and powerful force over
the past three-and-a-half decades in both
the founding and continued success and
expansion of SeniorLAW Center. His
vision, his leadership and his partnership
have made a difference in the lives of
thousands of Pennsylvanians.” Eve Biskind Klothen, assistant dean for
pro bono and public interest programs at
Rutgers Law School and a former director
of the Bar Foundation, remembers Ken’s
willingness to explore new initiatives
with the Bar Foundation. “For instance,
during my tenure there, we began to
encourage cy pres awards from the class
action bar, we started to administer public
interest summer fellowships, and for the
first time we accepted the responsibility of
administering and distributing memorial
funds generating annual prizes. We also
were able to respond to emerging needs:
I recall he was very proud that we hosted
a meeting of local funders when the state
legislature unexpectedly eliminated funding for legal services. As a result of that
meeting we were able to pull together
$200,000 for CLS.” I don’t know whether he does this to
every Foundation president – but Ken
calls me “kiddo” – the only person to
have ever called me that. I take it from
him because I know and appreciate that
he has been a visionary, an advocate, an
advisor and a steadfast friend to me and
to the Foundation. Here’s to you, Pops!
Thank you. You did good.
Wendy Beetlestone ([email protected]
com), a shareholder with Hangley Aronchick
Segal Pudlin & Schiller, is president of the
Philadelphia Bar Foundation.
philadelphiabar.org
PNC Perspectives
Putting the Delaware Advantage to Work
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In this month’s
By Jackie B. Lessman
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interview, I sat down
specialized advisors.
with Heather Flanagan,
Can you name a few
senior wealth Planner
“triggers” that might
for PNC Delaware Trust
prompt an individual
Company, who advises
or a business owner
attorneys and clients
to establish a trust in
all over the country on
Delaware?
how to use the businessYes, there are many
friendly and trust-friendsituations that call for
ly Delaware laws to their
the trust-friendly enviadvantage. We discussed
ronment of Delaware.
how various Delaware
For example:
Trusts could help resolve complex finant:PVXBOUUPëOEBCFUUFSBQQSPBDI
cial planning situations.
for business succession and transition of
Why would an individual or a busicompany interests.
ness owner want to establish a trust in
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Delaware versus his or her home state?
assets against the disruptions of frivolous
Heather Flanigan: There are many
legal actions.
advantages to setting up businesses and/or
t:PVXBOUUPëOEXBZTUPQPTTJCMZ
trusts in Delaware. By doing business in
reduce state and local capital gains taxes
Delaware, business owners or families can
on the sale of a business.
enjoy the benefits of:
t:PVXBOUUPOBNFTQFDJBMJ[FEBEWJt&TUBUFUBYGSFFDPNQPVOEJOHGPSUIF
sors to carry out certain functions in the
benefit of future generations.
trust or manage highly concentrated stock
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positions.
More than 50 percent of all publicly
traded companies in the United States,
including 63 percent of the Fortune
500, have chosen Delaware as their
legal home. How do family-owned
businesses specifically benefit from
Delaware’s trust laws? A business owner who has spent a
lifetime building his or her business may
not have spent much time developing a
good business succession plan. Because
Delaware trust laws have addressed the
needs of family businesses for decades,
Delaware is a favorable place to plan for
business succession. For example, a closely held business can be held in a Delaware trust,
which could set out how and when
interests to family members will vest. A
properly set up Asset Protection Trust can
also protect the business from lawsuits
and allow the family to maintain control
of the family assets if disruptions occur. If
one of the shareholders of the business is
sued or gets divorced, the company shares
could be protected and not subject to
attempts to gain interest by those outside
the family.
How can a business owner benefit
from Delaware’s favorable state income
tax treatment?
Let’s say a business owner is selling a
closely held business and is concerned
about paying state and local income taxes
on the capital gains. If the business is
transferred to a Delaware Incomplete-Gift
Non-Grantor Trust, the business owner
may be able to eliminate state and local
continued on page 20
New
presents the
Pennsylvania Labor &
Employment Law
By James A. Matthews, III
Fox Rothschild LLP, Philadelphia
To Order
Call: 800-722-7670 x2453
Visit: www.lawcatalog.com/LE12
Scan: the QR code below
In an original work prepared exclusively for The Legal Intelligencer, Philadelphia
Labor & Employment attorney James A. Matthews, III offers a comprehensive
overview and analysis of federal, state and local law governing the Pennsylvania
workplace, with a historical perspective to aid in understanding and applying an
often complex and counter-intuitive body of law.
Mr. Matthews discusses the background and modern application of the principle
of employment-at-will and the contractual, statutory and public policy exceptions;
common law tort claims in the workplace; employee privacy, employee loyalty;
wages & hours; benefits & leaves; health & safety; labor relations and collective
bargaining; and other issues affecting the workplace.
philadelphiabar.org
November 2012 Philadelphia Bar Reporter
23
HEALTH CARE REFORM UPDATE FROM USI AFFINITY
IRS Confirms Safe Harbor for Employer Penalties
■ By Brian McLaughlin
In Notice 2012-58, the IRS confirms
that the W-2 safe harbor, described previously in Notice 2011-73, will be available
to employers to determine affordability
with respect to the employer penalty
provisions, at least through 2014.
As reported earlier, beginning in 2014,
the Patient Protection and Affordable
Care Act (PPACA) requires employers with 50 or more employees to pay a
penalty when the employer:
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substantially all full-time employees and
their dependents, or
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is unaffordable (self-only coverage that
exceeds 9.5% of an employee’s household
income) or insufficient (does not provide
a minimum value), and
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income between 100 and 400 percent of
the Federal Poverty Level (FPL) receives
government assistance (in the form of a
premium tax credit or cost-sharing subsidy) to enroll in the Exchange.
The W-2 safe harbor allows an em-
PNC Perspectives
continued from page 19
taxes on the capital gains generated by the
sale of the business. This technique works
well in certain jurisdictions that do not
exert a tax nexus based on the residence
of the grantor like New York, New Jersey,
24
ployer to substitute W-2 wages (Box 1),
something an employer knows, for household income, something the employer
likely does not know.
To rely on the safe harbor, the employer must:
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dependents) the opportunity to enroll
in minimum essential coverage under an
employer-sponsored plan, and
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of the self-only premium for the employer’s lowest cost coverage that provides
minimum value (the employee contribution) does not exceed 9.5 percent of the
employee’s W-2 wages.
Application of the safe harbor would
be determined after the end of the
calendar year and on an employee-byemployee basis, taking into account the
employee’s particular W-2 wages and
contribution. For example, the employer
would determine whether it met the
proposed affordability safe harbor for
2014 for an employee by looking at the
employee’s 2014 W-2 wages and comparing 9.5 percent of that amount to the
employee’s contribution for 2014.
An employer could use the safe harbor
prospectively, at the beginning of the year,
by structuring its plan to set the employee
contribution at a level that would not
exceed 9.5 percent of the employee’s W-2
wages. Further, it is contemplated that
employers would have the ability to make
reasonable and necessary adjustments for
pay periods, on a consistent basis, so that
the employee contribution would not
exceed 9.5 percent of the employee’s W-2
wages.
Under the safe harbor, if the above
conditions are met, then the employer
would not be subject to a penalty with respect to a particular employee, even if the
employee receives a premium tax credit
or cost sharing reduction for coverage
purchased through an Exchange.
Notice 2012-58 makes it clear that employers can rely on the safe harbor at least
through 2014.
While this guidance is very helpful
and provides some clarity for employers in looking at contribution structures
for their 2014 benefit programs, further
guidance is needed in various areas,
including:
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plan, and
Kentucky, California and many other
states.
How does the Delaware Directed
Trust Statute help those people who
already have trusted advisors in place
and want to include those advisors in
their overall estate plan?
Delaware’s direction trust statute is different from the law in many states in that
it allows the Grantor to name separate fiduciaries to oversee specific duties within
the trust. For example, this law would allow a named investment advisor to direct
the investment of marketable securities in
the trust and another advisor to direct the
trustee regarding closely held assets in the
trust and the administrative trustee may
rely on the directions of those professionals without an independent review. The
grantor may name a distribution advisor
in the trust who knows the family members and can make determinations on the
appropriateness and timing of distributions to beneficiaries. A grantor can also
direct that the investment advisor hold a
highly concentrated stock position in the
trust, which may not be allowed under
trust laws in the grantor’s home state.
What are some other benefits to establishing a personal trust in Delaware?
Most people who want to establish
a trust are looking for the best way to
minimize the taxes on that trust, maximize the amount they can pass on to their
beneficiaries, and do it with the utmost
privacy. Often, privacy protection is one
of the reasons people establish their trusts
in Delaware, as the law does not require
trust agreements to be filed in court or
trusts to be registered. Additionally, Delaware is the only state with a Chancery
Court, a court of equity that is highly
Philadelphia Bar Reporter November 2012
t8IBUDPOTUJUVUFTQSPWJEJOHDPWFSBHF
to “substantially all” full-time employees
in order to avoid the application of the
penalty that applies with respect to not
offering coverage ($2,000 multiplied by
all full-time employees in excess of 30).
For the W-2 safe harbor guidance, see
http://www.irs.gov/pub/irs-drop/n-11-73.
pdf and http://www.irs.gov/pub/irsdrop/n-12-58.pdf (clarifies that the safe
harbor may be relied upon at least though
2014).
Brian McLaughlin ([email protected]
usiaffinity.com) is vice president of USI
Affinity’s Benefit Solutions Group. For more
information about insurance and benefits
options for Philadelphia Bar members, visit
www.mybarinsurance.com/philadelphiabar
For more than 75 years, the divisions of USI Affinity have developed, marketed and administered insurance and financial
programs that offer affinity clients and their members unique
advantages in coverage, price and service. As the endorsed broker of the Philadelphia Bar Association and more than 30 other
state and local bar associations, and with more than 30,000 attorneys insured, USI Affinity has the experience and know-how
to navigate the marketplace and design the most comprehensive
and innovative insurance and benefits packages to fit a firm’s
individual needs.
specialized and only hears corporate
and trust matters. No matter where a
person lives, Delaware is the pre-eminent
jurisdiction for establishing a trust. Its
business-friendly and trust-friendly laws
and court system simply make it easier to
achieve one’s unique business and estate
planning goals.
Jackie Byrne Lessman, CFP® (jacqueline.
[email protected]; 215-585-5831) is PNC
Wealth Management senior vice president. For
more information, visit pnc.com/wealthmanagement
The material presented in this article is of a general nature and
does not constitute the provision by PNC of investment, legal,
tax or accounting advice to any person, or a recommendation to
buy or sell any security or adopt any investment strategy. Opinions expressed herein are subject to change without notice. The
information was obtained from sources deemed reliable. Such
information is not guaranteed as to its accuracy. You should seek
the advice of an investment professional to tailor a financial plan
to your particular needs. For more information, please contact
PNC at 1-888-762-6226.
5IF1/$'JOBODJBM4FSWJDFT(SPVQ*OD1/$
VTFTUIFOBNFT
PNC Wealth Management®, PNC Institutional Investments®
and Hawthorn PNC Family WealthSM to provide investment and
wealth management, fiduciary services, FDIC-insured banking
products and services and lending of funds through its subsidiary, PNC Bank, National Association, which is a Member FDIC,
and uses the names PNC Wealth Management® and Hawthorn
PNC Family WealthSM to provide certain fiduciary and agency
services through its subsidiary, PNC Delaware Trust Company.
PNC does not provide legal, tax or accounting advice. InvestNFOUT/PU'%*$*OTVSFE/P#BOL(VBSBOUFF.BZ-PTF7BMVF
¥ 5IF 1/$ 'JOBODJBM 4FSWJDFT (SPVQ *OD "MM SJHIUT SFserved.
philadelphiabar.org
CALENDAR OF EVENTS
Note: While the following listings have been verified prior to press time, any scheduled
event may be subject to change by the committee or section chairs. Lunches are $8 for members and $9.50 for nonmembers, unless otherwise indicated.
meeting, 8:30 a.m., 10th floor Board
Thursday, Nov. 1
Room.
Philadelphia Bar Reporter Editorial
Rules and Procedure Committee: meetBoard: meeting, 12:30 p.m., 10th floor
ing, 12 p.m., 10th floor Board Room.
Cabinet Room.
Lunch: $8.
Public Interest Section: meeting, 3:30
Intellectual Property Committee: meetp.m., 11th floor Conference Center.
ing, 12 p.m., 11th floor Committee
Friday, Nov. 2
Room South. Lunch: $#8.
LGBT Rights Committee: meeting, 8:30
Young Lawyers Division: Live, Lunch
a.m., 10th floor Board Room.
and Learn program, 12 p.m., 11th floor
Workers’ Compensation Section ExecuConference Center. Lunch: $8.
tive Committee: meeting, 10:30 a.m.,
Thursday, Nov. 8
11th floor Committee Room South.
International Business Initiative ComWorkers’ Compensation Section: meetmittee: meeting, 12 p.m., 11th floor
ing, 12 p.m., 11th floor Conference
Committee Room South. Lunch: $8.
Center. Lunch: $8.
Legislative Liaison Committee: meetCivil Gideon Task Force: meeting, 12
ing, 12 p.m., 10th floor Board Room.
p.m., 10th floor Board Room.
Lunch: $8.
Monday, Nov. 5
Real Property Section Annual Meeting
Family Law Section: meeting, 12 p.m.,
& Luncheon: 12 p.m., Loews Philadel10th floor Board Room. Lunch: $8.
phia Hotel, 1200 Market St. Tickets:
Civil Rights Committee: meeting, 12
philadelphiabar.org.
p.m., 11th floor Conference Center.
Friday, Nov. 9
Lunch: $8.
Tuesday, Nov. 6
Committee on the Legal Rights of Persons with Disabilities: meeting, 9 a.m.,
The Philadelphia Lawyer magazine Editorial Board: meeting, 12:30 p.m., 10th
floor Board Room.
11th floor Committee Room.
Monday, Nov. 12
Philadelphia Bar Foundation Board of
Business Law Section Executive Com-
Trustees: meeting, 12 p.m., 10th floor
mittee: meeting, 12 p.m., 11th floor
Board Room.
Committee Room South.
Women’s Rights Committee: meeting,
12 p.m., 11th floor Conference Center.
Lunch: $8.
Tuesday, Nov. 13
Criminal Justice Section Executive Committee: meeting, 12 p.m., 10th floor
Wednesday, Nov. 7
Board Room.
Delivery of Legal Services Committee:
Real Property Section Executive Com-
Register online for most events at philadelphiabar.org. Unless otherwise specified, all checks
for luncheons and programs should be made payable to the Philadelphia Bar Association and
mailed to Bar Headquarters, 1101 Market St., 11th fl., Philadelphia, PA 19107-2955. Send
Bar Association-related calendar items 30 days in advance to Jeff Lyons, Senior Managing Editor, Philadelphia Bar Reporter, Philadelphia Bar Association, 1101 Market St., Philadelphia,
PA 19107-2955. Fax: (215) 238-1159. Email: [email protected]
Compton
continued from page 5
an event and then report on it with a cell
phone camera and publish online. What
they don’t have is the journalist standard
of whether we should see this, how we
should see it, how should we get it out
there. We saw it with the hanging of
Saddam Hussein when people photographed it with their cell phone cameras.
And we’ve had it with this election, where
someone who evidently didn’t like Mitt
Romney recorded his comments about
the 47 percent.”
Compton is stumped about what to do
philadelphiabar.org
to bridge this gap. “We talk about it, we
think about it and try to teach the next
generation that they too need to have
standards.”
Compton, who has covered seven presidents, also talked about the people she
has encountered during her time at the
White House. “The interesting persona
in the White House is Michelle Obama.
She is one tough cookie. And while you
see the warmer side of her and she talks
about getting kids more active, she has
a very strong and sharp sense of humor.
She really pushes and needles people.”
She said Michelle Obama reminds her
of another first lady – Barbara Bush. “She
is a woman of remarkable strength who
mittee: meeting, 12 p.m., Brandywine
Construction & Management, Inc.,
1521 Locust St., Suite 400.
Wednesday, Nov. 14
DLSC Management Subcommittee:
meeting, 9 a.m., 10th floor Board
Room.
Immigration Law Committee: meeting,
12 p.m., 11th floor Committee Room
South. Lunch: $8.
Election Forum: 12 p.m., 11th floor
Conference Center. Lunch: $8.
LegalLine: 5 p.m., 11th floor LRIS
offices.
Thursday, Nov. 15
Election Forum: 12 p.m., 11th floor
Conference Center. Lunch: $8.
12:30 p.m., 10th floor Board Room.
Lunch: $8.
Thursday, Nov. 22
Thanksgiving: Bar Association offices
closed.
Friday, Nov. 23
Thanksgiving: Bar Association offices
closed.
Monday, Nov. 26
Young Lawyers Division Executive Committee: meeting, 12 p.m., 11th floor
Conference Center.
Tuesday, Nov. 27
Criminal Justice Section: meeting, 12
p.m., 11th floor Conference Center.
Lunch: $8.
Family Law Section Executive Com-
Women in the Profession Committee:
mittee: meeting, 12 p.m., 11th floor
Committee Room South.
meeting, 12 p.m., 10th floor Board
Room. Lunch: $8.
Senior Lawyers Committee: meeting, 12
Compulsory Arbitration Committee:
p.m., 10th floor Boars Room.
meeting, 12 p.m., 11th floor Committee Room South. Lunch: $8.
Friday, Nov. 16
Young Lawyers Division Boot Camp: 11
Wednesday, Nov. 28
a.m., 11th floor Conference Center.
Medical Legal Committee: meeting, 12
Social Security Disability Benefits Committee: meeting, 12 p.m., 11th floor
p.m., 11th floor Conference Center.
Lunch: $8.
Conference Center. Lunch: $8.
Public Interest Section Awards Ceremony and Reception: 5:30 p.m., Loews
Monday, Nov. 19
Public Interest Section Executive Committee: meeting, 12 p.m., 10th floor
Board Room.
Tuesday, Nov. 20
Cabinet: meeting, 12 p.m., 10th floor
Board Room.
Employee Benefits Committee: meeting, 12:30 p.m., 11th floor Committee
Room South. Lunch: $8.
Philadelphia Hotel, 1200 Market St.
Tickets: philadelphiabar.org.
Thursday, Nov. 29
LRIS Committee: meeting, 12 p.m.,
11th floor Committee Room South.
LGBT Rights Committee: meeting, 12
p.m., 11th floor Conference Center.
Board of Governors: meeting, 4 p.m.,
10th floor Board Room.
Friday, Nov. 30
Wednesday, Nov. 21
Young Lawyers Division Cabinet: meet-
ing, 12 p.m., 11th floor Committee
Room South.
Federal Courts Committee: meeting,
worked so hard to keep out of sight. She
had some definite political differences
with her husband. But she never talked
about them publicly. Barbara Bush had
a strength that was kind of scary. I once
introduced her at a town hall meeting
and talked about how she sacrificed her
college education to marry George Bush.
She pulled me aside afterward and said to
me ‘I never sacrificed anything. I chose
to leave school and get married and that’s
what women’s rights are about – having a
right to choose.’ I brought her a children’s
book as a thank you when she had my
husband and me over to a party at her
house. Her staff later told me she read it
to children at a book fair but she couldn’t
Family Law Section Custody Committee:
meeting, 12 p.m., 11th floor Conference Center.
Civil Gideon Task Force: meeting, 12
p.m., 10th floor Board Room.
read it because she suffered from Graves
Disease. She had double vision and
headaches, so she had to memorize the
book so she could hold it up at the fair
and read it to the kids. I think a woman
who has that kind of strength but doesn’t
complain about it publicly is rather
remarkable.”
“There are other tough cookies I’ve
covered. Betty Ford went around the
country campaigning for the Equal
Rights Amendment when her husband
the president was absolutely against it.
And then there’s Hillary Clinton, whose
curriculum vitae isn’t finished yet. I’m not
sure she’ll run for president, but she’s not
done yet.”
November 2012 Philadelphia Bar Reporter
25
Stella M. Tsai, a
partner with Archer
& Greiner P.C., has
been appointed to
the Board of Trustees
of the Community
College of Philadelphia by Mayor
People
Scott M. Slomowitz, a partner with
Caesar, Rivise,
Bernstein, Cohen
and Pokotilow, Ltd.,
has been selected as
a Rosh Hashanah
2012 honoree of the
Adas Kodesch Shel Emeth Synagogue in
Wilmington, Del., for his many years of
leadership and contributions.
Nevena Simidjiyska,
an associate with Fox
Rothschild LLP, was
recently appointed
to the Steering Committee of the American Bar Association’s
Export Controls and
Economic Sanctions Committee.
Deborah R. Willig, a partner with
Sandra A. Jeskie, a
partner with Duane
Morris LLP, has been
selected as one of the
2012 Most Powerful and Influential
Women of Pennsylvania by the National
Diversity Council.
Willig, Williams
& Davidson and
former Chancellor of
the Philadelphia Bar
Association, was presented with the 2nd
Annual Bob Kyler Ambassador of Hope
Award by the City of Hope and the TriState Labor & Management Council.
Carlton L. Johnson, a
Judge Richard B.
partner with Archer
& Greiner, P.C., has
been elected First
Vice President of
Habitat for Humanity Philadelphia.
Klein (ret.) of The
John F. Gullace, a
partner with Manko,
Gold, Katcher &
Fox, LLP, discussed
“Natural Gas
Pipeline Projects and
How They Are Affecting the Railroads”
at the 2012 Railroad Environmental
Conference at the University of Illinois at
Urbana – Champaign on Oct. 16.
Kelly Dobbs Bunting, a shareholder
with Greenberg
Traurig, LLP, was a
co-presenter for “The
Commandants of
Expert Consulting
and Communications with Counsel” at Penn State Great
Valley in Malvern, Pa. Dispute Resolution
Institute discussed
alternative dispute
solutions with
visiting judges from
Senegal on Oct. 1 at
a program cosponsored by the International Visitors’ Council of Philadelphia
and the Philadelphia Human Relations
Commission.
Joseph D. Mancano, a
partner with Pietragallo Gordon Alfano
Bosick and Raspanti,
LLP, presented at the
2012 UNC Treasury
Management Program held at UNC
Kenan-Flagler Business School in Chapel
Hill, N.C. on Oct. 2.
Neil Boyden Tanner, chief counsel of
Cigna Global Health Benefits, has been
named one of eight Eisenhower Fellows
by General Colin L. Powell, USA (Ret).
Tanner will travel abroad in 2013 on an
intensive five-week individualized professional program to Singapore and China.
Manny D. Pokotilow,
a senior partner
with Caesar, Rivise,
Bernstein, Cohen &
Pokotilow, Ltd., has
been named the Best
Lawyers’ 2013 Philadelphia Trademark
“Lawyer of the Year.”
26
Gerald B. Halt, CEO
and president of
Volpe and Koenig,
P.C., moderated and
served on a panel at
the Brehon Law Society’s U.S. / Ireland
Legal Symposium
on Oct. 10 at the Rittenhouse Hotel.
Philadelphia Bar Reporter November 2012
Michael Nutter.
Julia Swain, a
partner with Fox
Rothschild LLP,
recently discussed
the changing case
law of paternity at
the Pennsylvania
Bar Institute’s CLE
course “Paternity Cases: Is the Standard
for Paternity in Pennsylvania Changing?”
Sheryl L. Axelrod,
president of The
Axelrod Firm, PC,
was appointed chair
of the National Association of Minority
and Women-Owned
Law Firms DoddFrank Ad Hoc Committee.
David N. Hofstein,
a shareholder with
Hofstein Weiner
& Meyer, P.C., was
a panelist on the
national webinar
“Speculation or Science – Psychological
Research Used in
Custody Cases” sponsored by the American Academy of Matrimonial Lawyers.
Nina B. Stryker,
a partner with
Obermayer Rebmann Maxwell &
Hippel LLP, was the
course planner and
a lecturer for the
Pennsylvania Bar
Institute program “How to Prepare the
Fiduciary Income and Decedent’s Final
Lifetime Income Tax Returns” on Oct. 5.
James S. Ettelson, a
partner with Thorp
Reed & Armstrong,
LLP, was a presenter
at the “Legal Issues
for Pennsylvania
Landscape Architects” seminar in
Fort Washington, Pa., on Oct. 17 where
he discussed “Understanding Pennsylvania Land Use Law.”
William W. Uchimoto and Leonard P.
Goldberger, shareholders with Stevens
& Lee, presented at “The Legalities of
Doing Business in China” Web conference sponsored by the National Business
Institute on Sept. 25.
Frank N. Ciprero,
an associate with
Pond Lehocky Stern
Giordano, spoke at
the Pennsylvania Association for Justice’s
Annual Update of
the Law Seminar for
Civil Litigators on the topic of Workers’
Compensation on Oct. 5.
Brian A. Berkley, an
Marc S. Raspanti, a
partner with Pietragallo Gordon Alfano
Bosick & Raspanti,
LLP, presented at the
Fraud & Compliance Forum jointly
sponsored by the
Health Care Compliance Association and the American
Health Lawyers Association on Oct. 1 in
Baltimore.
Mary Beth Gray, a
partner with Kleinbard Bell & Brecker
LLP, was recently
accepted as a member of the Forum of
Executive Women.
Jerry Lehocky, a partner with Pond
Lehocky Stern Giordano, discussed the
misuse of bureau documents at the 2012
Workers’ Compensation Bureau Conference in Hershey, Pa.
associate with Pepper
Hamilton LLP, has
been appointed a
website and social
media editor for the
Business Torts Litigation Committee of
the American Bar Association.
Henry Yampolsky, a senior associate with
Galfand Berger, LLP, has been named to
the Board of Directors of HIAS Pennsylvania.
■NAMES ARE NEWS
“People” highlights news of members’
awards, honors or appointments of a
community or civic nature. Information
may be sent to Jeff Lyons, Senior Managing Editor, Philadelphia Bar Reporter,
Philadelphia Bar Association, 1101 Market
St., 11th fl., Philadelphia, PA 19107-2955.
Fax: (215) 238-1159. E-mail: [email protected]
philabar.org. Color photos are also
welcome.
philadelphiabar.org
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Philadelphia Bar Reporter November 2012
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