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The Monthly Newspaper of the Philadelphia Bar Association Vol. 39, No. 7 July 2010 Civil Gideon Examined at July 7 Forum

n By Joseph A. Sullivan

Professor Russell Engler, a national expert on access to justice issues and the director of clinical programs at the New England School of Law, will be the keynote speaker at the Wednesday, July 7 Chancellor’s Forum “Civil Gideon: Establishing a Right to Counsel for Low- Income Persons in Civil Cases Where Basic Human Needs Are at Stake.” Civil Gideon is a growing national movement exploring strategies to provide legal counsel, as a matter of right and at Photo by Jeff Lyons Jeff by Photo Retired Federal Circuit Chief Judge Paul R. Michel addresses nearly 200 people at The Union League on June 8. public expense, to low-income persons in adversarial civil proceedings in areas of basic human need, such as housing and Nation’s Economic Security child custody. The term takes its name from a landmark U.S. Supreme Court ruling from 1963, Gideon v. Wainwright, in which the court decided that indigent at Risk, Retired Judge Says defendants have a constitutional right to be represented by an attorney at no charge n By Kim R. Jessum security of the country is being threatened in a way Congress in state criminal cases. has yet to recognize and it is necessary for the U.S. to increase its The program, which will be introduced In his first public appearance since his retirement from innovation by investing in research and development. by Chancellor Scott F. Cooper, will also the Federal Circuit, former Chief Judge Paul R. Michel spoke To support his conclusion, Judge Michel explained that the feature a panel discussion including Cath- on June 8 to a packed room of members of the intellectual U.S. has already lost jobs, revenue and technical leadership to erine C. Carr, executive director of Com- property bar about his plans to become an advocate for legal foreign entities and, without investments in our own innovation, munity Legal Services, and Joseph A. Sul- institutions. foreign inventive activity will continue to exceed that in the U.S., livan, special counsel and director of pro Following an introduction by Chancellor Scott F. Cooper, as evidenced by the higher number of patent application filings bono programs at Pepper Hamilton LLP, Judge Michel explained that he left so he could be an advocate with the PTO by foreign entities than filings by U.S. entities. He who are co-chairs of the Association’s Civil for the federal courts and the U.S. Patent & Trademark Of- also stated that the average delay at the PTO is currently at three Gideon Task Force, formed in early 2009 fice (PTO). Judge Michel said he has concluded the economic continued on page 17 continued on page 14 In This Issue Register Now for Bench-Bar at Borgata in Oct. 3 Federal-Bench Bar Registration is now open for the Section, along with the Young Lawyers Bench-Bar Guide Inside 5 Foreign Business Philadelphia Bar Association’s Bench-Bar Division, Bar-News Media Committee, and Annual Conference at the Borgata Federal Courts Committee and Profes- For a pullout guide to the 2010 7 “Uh-Oh” Factor in Atlantic City on Friday and Saturday, sional Responsibility Committee. Bench-Bar and Annual Confer- Oct. 15 and 16. The Bench-Bar and Annual Confer- ence, please see Pages 11-14. 8 Women’s Summit Attendees can earn as many as 8 CLE ence kicks off with a re-enactment of the credits while choosing from 14 different trial of John Peter Zenger to celebrate The conference will also feature a State 9 Conference Preview programs. There will be presentations the 275th anniversary of his defense by of the Court Presentation from the top 16 YLD Diversity from the Business Law Section, Crimi- Andrew Hamilton. The case established judges of the state and city as well as the nal Justice Section, Family Law Section, the concept of freedom of the press and Grand Reception at one of Atlantic City’s Public Interest Section and Real Property coined the term “Philadelphia lawyer.” hottest nightspots. Frontline

Editor-in-Chief Asima Panigrahi, Esq. We Must Build New Family Court Editor Emeritus Bruce H. Bikin, Esq. While Time Remains on Our Side Associate Editors Heather J. Austin, Esq. Ria C. Momblanco, Esq. Presently no issue of justice is more and personnel and in its By Scott F. Cooper tions Division pursu- Regina Parker, Esq. pressing to Philadelphians than building current condition and ant to national court Thomas Bryan, Esq. the new Family Court. The unfortunate location. performance standards Edward P. Kelly, Esq. developments clouding the funding Family Court leader- that focus on access to Sarah L. Hopkins, Esq. Julia Swain, Esq. situation cannot obscure the fact that the ship is committed justice; expedition and Nicole Edwards, Esq. citizens of Philadelphia desperately need to, and has strived to timeliness; equality, this courthouse. If we lose the hard- improve, the adminis- fairness and integrity; Contributing Editor earned momentum now, the future of tration of justice in the independence and ac- Richard Max Bockol, Esq. this critical project is very much in doubt. Domestic Relations countability; and public Advisory Editors And time is not on our side. Division, including trust and confidence. Sunah Park, Esq. Each year, tens of thousands of people addressing the needs of The Project pub- Molly Peckman, Esq. bring their family crises to the Domestic pro se litigants, and has lished its findings and Marc W. Reuben, Esq. Relations Division of Philadelphia Family worked cooperatively recommendations in Associate Executive Director, Court. The Division is charged with re- with the Bar and public interest advocacy an April 2003 report that found that the Communications sponsibility for profound and life-altering organizations to respond to litigant needs. Domestic Relations Division falls short of Mark Tarasiewicz decisions about family matters. For seven years, the Philadelphia Bar national court performance standards in Senior Managing Editor, But the current Family Court building Association has closely examined the need a number of ways including: significant Publications at 34 S. 11th St. does a disservice to jus- for a unified Family Court building. underfunding, insufficient resources and Jeff Lyons tice. People in need of court services have In 2003, the Association’s Board of Gov- staff, unreliable public access, inadequate no choice but to wait in the same room ernors unanimously adopted a resolution information and assistance given to pro Executive Director Kenneth Shear as the party with whom they are feud- aimed at improving the delivery of justice se litigants, enormous caseloads, un- ing. Battered women have been known in the Domestic Relations Division of timely processing of cases and insufficient to hide from their abusers in stairways or Family Court. security. The Philadelphia Bar Reporter (ISSN 1098- bathrooms because there is no separate The resolution expressed support for The report concluded that the Domes- 5352) is published monthly and available by subscription for $45 per year by the Philadel- and secure space. Particularly troubling increased public accountability about tic Relations Division cannot significantly phia Bar Association, 1101 Market St., 11th is the fact that many cases heard in the funding and resources allocation in the improve its performance if maintained at floor, Philadelphia, PA 19107-2911. Periodicals postage paid at Philadelphia, PA POSTMASTER: outmoded building involve the future of First Judicial District of Pennsylvania. It the current inadequate level of economic Send address changes to Philadelphia Bar Re- the city’s children. also supported increased funding, person- support and personnel and in its current porter, c/o Philadelphia Bar Association, 1101 The logistics of separate court services nel and resources; the provision of assis- building. Market St., 11th floor, Philadelphia, PA 19107- 2955. Telephone: (215) 238-6300. Association at 1801 Vine St. for juvenile, dependency tance and information for pro se litigants; Since that time, the Association, Web site: philadelphiabar.org. Newspaper e- and adoption cases further underscore the improved facilities, security, scheduling through its Family Law Section, has mail address: [email protected]. The edi- critical need for a unified facility. and timeliness; and the fulfillment of the worked continuously with court leader- torial and other views expressed in the Phila- delphia Bar Reporter are not necessarily those The court cannot significantly improve constitutional mandate of open court. ship to advance this crucial effort. We of the Association, its officers or its members. its performance if maintained at the cur- The Women’s Law Project has also have urged city and state government Advertising rates and information are available from David Hoeckel at MediaTwo, 1014 W. 36th rent inadequate level of economic support studied and analyzed the Domestic Rela- continued on page 18 St., Baltimore, MD, 21211. Telephone: (443) 909-7824. Page 1 skyline photo by Edward Savaria, Jr./PCVB Legal Directory 2010 Includes Mobile App

Order The Legal Directory 2010 Tell Us To place your order online for The today to start taking advantage of this in- Legal Directory 2010, please visit What You Think! dispensable multi-platform legal resource. WebCheck www.thelegaldirectory.org. The Philadelphia Bar Reporter With this package, you’ll receive access to welcomes letters to the editors for the online directory; a mobile application number and your device will call it; tap ney’s specialty. Organized by category, the publication. Letters should be typed. so you can search entries on-the-go (new an e-mail address, and your device will new, enhanced list more closely reflects There is no word limit, but editors for 2010); and the print directory. generate an e-mail screen. the current legal environment, helping reserve the right to condense for Using a laptop or desktop? TheLegal The print version ofThe Legal Direc- you find the exact attorney and area of clarity, style and space considerations. Directory 2010’s website (thelegaldirect- tory 2010 lets you access all the informa- expertise you need. Every lawyer listing Letters must be signed to verify authorship, but names will be withheld ory.org) is a fast, convenient way to not tion you need and rely on: find judges, comes with a free AOC. upon request. Letters may be mailed, only find attorneys and firms, but to -up complete with addresses and phone You can buy The Legal Directory 2010 faxed or e-mailed to: Jeff Lyons, Senior date your own information all year long. numbers, look up government agencies three ways: visit thelegaldirectory.org to Managing Editor, Philadelphia Bar Our new mobile feature at mobile. or corporate counsel and find alternative place your order online; e-mail legaldirec- Reporter, Philadelphia Bar Association, thelegaldirectory.org is tailored for use dispute resolution options – it’s all there [email protected] to request an order 1101 Market St., 11th floor, Philadel- on your BlackBerry and lets you access in one volume. form; or call 443-909-7843 to request phia, PA 19107-2955. Phone: (215) The Legal Directory 2010’s lawyer and law All three resources offer revamped Ar- an order form. The cost for all three 238-6345. Fax: (215) 238-1159. E-mail: firm listings wherever there’s an Internet eas of Concentration (AOC). This code platforms is just $79.95 (plus shipping [email protected]. connection. It’s interactive: select a phone at the end of a listing tells you an attor- and sales tax).

2 Philadelphia Bar Reporter July 2010 philadelphiabar.org federal courts committee Williams Shifts Thinking in D.A.’s Office months in office and the goals that n By Ria C. Momblanco he hopes to accomplish during his Podcast term. R. Seth Williams ran for dis- Perhaps the most dramatic and trict attorney because he believed Spotlight significant change that Williams has that the criminal justice system in Visit philadelphiabar.org to listen to made is to shift from a “horizontal the podcast from this meeting. Philadelphia was broken. Accord- prosecution method,” in which pros- ing to Williams, when he first ran ecutors are assigned to a courtroom, in 2005, 52 percent of all felony cases in Philadelphia to a “community-based prosecution method,” in which were being dismissed for lack of prosecution. When he prosecutors are assigned to a geographic region. The ran in 2009, Philadelphia led the nation in the rate of former method, according to Williams, gave prosecutors homicides caused by handguns, and the number one very little time to prepare since, for the most part, attor- cause of death for black men under 35 in Philadelphia neys were assigned a new case the evening before that case was homicide. To Williams, these statistics were “just had a hearing. In addition, one case could have several unacceptable.” He wanted to “be smart on crime, not prosecutors assigned to it from inception to disposition. just tough,” “to find the real root cause of criminal In contrast, the newly implemented “community- behavior,” and to fix the “failures in our system that based prosecution” allows for one attorney to have con- systemically can be changed.” tinuity in a case from start to finish. It also allows that With his election in 2009, Williams became the city’s attorney to become familiar with the “patterns of crime” first new district attorney in 18 years. At the June 11 within a particular geographic region and to become Federal Bench-Bar Conference, Williams discussed the familiar with relevant, recurring, community-based facts changes that he has implemented during his first six continued on page 14 R. Seth Williams

Federal Courts Committee vice chair and conference planner Elizabeth A. Malloy joins Committee Chair Grant S. Palmer in the audience during the first session, where U.S. District Court Senior Judges Jan E. DuBois and Norma L. Shapiro, Judge Gene E.K. Pratter and Lawrence J. Fox discussed the code of conduct for judges and the American Bar Association’s input on recusal situations. U.S. District Court Chief Judge Harvey Bartle III (left) and U.S. Bankruptcy Court Chief Judge Stephen Raslavich discussed the state of their courts at the June 11 Federal Bench-Bar Conference. Clerk of Court Michael Kunz also presented.

U.S. District Court Judge Michael M. Baylson (left) presented an update on sum- Lyons Jeff by Photos mary proceedings. U.S. District Court Senior Judge Ronald L. Buckwalter (right) U.S. District Court Judge Mitchell S. Goldberg (from left), Catherine M. Recker, and Robert J. Mongeluzzi discussed technology and tips on effectively present- Peter F. Schenck and James Becker discuss the memoranda that are expected to ing your case in paperless trials. impact discovery practices by the U.S. Attorney’s Offices. philadelphiabar.org July 2010 Philadelphia Bar Reporter 3 family law section Domestic Support Obligations Can’t be Discharged n By Julia Swain tages to the non-debtor spouse from the increases the value of marital estate. ruptcy action. However, the non-debtor bankruptcy. Allowing the bankruptcy Sometimes, by use of the automatic spouse can try to bring it out of bank- Domestic support obligations can’t action to proceed could result in the stay, a debtor spouse could prevent a ruptcy by filing a motion for relief from be discharged under new bankruptcy discharge of marital debts before the time marital asset from being part of equitable the stay and then the bankruptcy court laws, the Family Law Section learned at a for equitable distribution, which thereby distribution and keep it in the bank- continued on page 5 June 7 question-and-answer session with Alex Moretsky. The federal bankruptcy laws are codi- fied in Title 11 of the U.S. Code. The new bankruptcy reform statutes apply to all cases commenced on or after Oct. 17, 2005. The old bankruptcy statutes still apply to any cases commenced before july that date. cle courses Under the old bankruptcy laws, gener- ally, a debt will not be discharged if it is owed to a spouse, former spouse or child July 6 • Keeping the Faith: The Life of William Jennings Bryan The CLE Conference for alimony, maintenance or support pursuant to an agreement, decree or other July 8 • Breaking Down the Basics Series: How to Handle the First Client Meeting Center Wanamaker Building court order. Under the new bankruptcy July 9 • A Conversation with the Bankruptcy Institute laws, “domestic support obligations” are 10th Floor, Ste.1010 • The Impact of Medicare Reporting Rules on Asbestos Litigation non-dischargeable. These include debts that arise, before or after the bankruptcy July 12 • Bridge the Gap is commenced, in the nature of alimony, • Privacy and Security Law 2010: the Top Ten Issues maintenance or support owed to the debtor’s spouse, former spouse or child July 12 & 13 • 11th Annual Private Equity Forum pursuant to a court order, divorce decree, July 13 • Due Process Hearings Skills separation or property settlement agree- ment. However, debts incurred in con- July 14 • Understanding Patent law 2010 nection with a divorce or separation that • Boating Law and Liability are not in the nature of alimony, mainte- July 15 • 23rd Annual Civil Litigation Update nance or support to the debtor’s spouse, • Drafting & Negotiating Contruction & Design Contracts: former spouse or child are not considered “domestic support obligations” under the Meeting the Challenges of Sustainable Development 2010 new bankruptcy laws. One example is a • Outsourcing distributive award in a equitable distribu- July 16 • Fundamentals of Investment Adviser Regulation 2010 tion proceeding. Unsecured “domestic • The Essentials of Chapter 13 Practice support obligations” in a Chapter 13 case are priority claims that must be paid in • Starting Up a Foreign Business Call PBI full under the debtor’s bankruptcy plan. July 19 • Understanding Copyright Law 2010 Non- “domestic support obligations” are Customer Service at July 20 • Four County Civil Practice not priority claims and need not be paid 800-247-4724 • Understanding Trademark Law 2010 in full through a Chapter 13 plan. to register for a Counsel fees owed in a domestic mat- July 21 • Understanding Easements in Pennsylvania course or for more ter are not dischargeable and can be col- • Understanding Damages and Indemnities in Commercial Contracts lected if specifically included as part of an information. agreement. The agreement must set forth July 22 • How to Prepare the Pennsylvania Inheritance Tax Return that the debtor spouse agreed to pay the • Ohlbaum on Evidence Advocacy: Using the Rules of Evidence to Persuade Register online at www. counsel fees to the non-debtor spouse’s pbi.org attorney. Family lawyers should beware of July 23 • Have Guns - Will Litigate: The Law of Guns in PA The Pennsylvania Bar various loopholes concerning “domestic July 26 • Legal Writing Techniques for Winning Arguments support obligations” in drafting divorce/ Institute is an accredited July 27 • Breaking Down the Basics Series: How to Avoid Ethics Traps support agreements. CLE provider. There may be certain tactical advan- July 28 • From File to Trial: 8 Keys to Success in Court and Beyond • Getting Paid in Pennsylvania: Basics of Wage and Hour Law Podcast July 29 • Historic Preservation and the Law: Then and Now Spotlight July 30 • A Supreme Revolution: How the Supreme Court Will Change America

Visit philadelphiabar.org to listen to the podcast from this meeting.

4 Philadelphia Bar Reporter July 2010 philadelphiabar.org international business initiative City Working to Attract Foreign Business n By Edward P. Kelly from many sources, including site selec- the relevant city Trade Center of Phil- tors, brokerage firms, developers, archi- agencies meet with adelphia, which will One of the newest tools being used tects, international protocol committees companies looking Podcast have all of its overseas to bring business to Philadelphia is the and law firms. And many times, Randall to set up shop in Spotlight representatives in “business attraction brochure,” represen- will call the companies themselves in an Philadelphia, and Philadelphia for a Visit philadelphiabar.org to listen to tatives of the city’s Department of Com- effort to generate opportunities. running through the podcast from this meeting. conference in Sep- merce told members of the International The brochure provides descriptions of what can and can- tember. The function Business Initiative. the city’s various business assets, and has not be done. of the WTC is to Karen Randall, director of business at- been used for both domestic and interna- Brooks discussed a number of re- assist companies in growing overseas and traction and retention, and Carol Brooks, tional companies, as Randall has discov- sources in the international business to increase exports. The WTC focuses on manager of international trade, both with ered that many businesses do not know realm. She pointed out that Philadelphia providing services to businesses, including the City of Philadelphia’s Department of where Philadelphia is located or what the has a growing diplomatic community informative seminars throughout the year. Commerce, gave a presentation to the In- city and the region can offer, even within that includes 34 consulates. In addition, Brooks also extolled the many benefits of ternational Business Initiative Committee the United States. there are several international chambers of the Ex-Im Bank, the Export/Import Bank regarding steps to take in order to bring The City of Philadelphia has made ef- commerce, including the Irish American of the United States. Its mission is to more international business to Philadel- forts to make it an easier place to do busi- Business Chamber and Network, Inc., as create jobs through exports, and operates phia, and ways for Philadelphia businesses ness. The entire process has been stream- well as the regional port authority. Many similar to the Small Business Administra- to expand internationally. lined under Alan Greenberger, deputy of these groups work with companies tion with many local banks participating. Randall explained that Select Greater mayor of planning, economic develop- looking to grow in overseas markets or Philadelphia handles the initial screening ment and commerce, with many depart- to export to foreign countries. The U.S. Edward P. Kelly ([email protected]), a of all international business leads, and ments reporting directly to him including Department of Commerce has a satel- partner at Astor Weiss Kaplan & Mandel, sends opportunities to the appropriate planning and zoning. Developer services lite office in Philadelphia that provides LLP, is an associate editor of the Philadelphia county. International business leads come augments this new process by having all many services to the business community. Bar Reporter. Another invaluable resource is the World

Family Law In Pennsylvania, the debtor can take continued from page 4 either the federal or state exemptions to determine what becomes part of the Nominating Panel determines the outcome. bankruptcy estate and what does not. There are certain circumstances under Any exempted property, which is thereby which the automatic stay can be lifted. not included in the bankruptcy estate For example, if certain property is not (such as retirement accounts), would not part of the bankruptcy estate, the divorce be subject to the stay. action can continue to equitable distribu- tion. If the property is included in the Julia Swain ([email protected]), a bankruptcy estate, then the automatic partner with Fox Rothschild LLP, is an associ- stay will likely remain in effect. ate editor of the Philadelphia Bar Reporter. DeCola Detectives Inc. When You Need to Know

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philadelphiabar.org July 2010 Philadelphia Bar Reporter 5 Shortfall Lawyers’ Lounge Grand Re-Opening Won’t Affect Payments to Counsel n By Heather J. Austin

Even though the First Judicial District is looking at a $2 million short- fall in the next fiscal year, there will be no immediate impact on payments to court-appointed counsel, Court of Com- mon Pleas President Judge Pamela Pryor Dembe told the City Policy Committee on June 2. Other city departments will be dealing with a 2 percent cut in budgets next fis- cal year, Judge Dembe said, which may result in the closing of firehouses and the reduction of public library hours. She said a number of other adjustments have been required in order to survive this fiscal year. Philadelphia Court of Common Pleas Grants are one of the FJD’s revenue President Judge Pamela Pryor Dembe sources, and the FJD, jointly or in coor- (from left) joins Jack Myers, Judges dination with city agencies, including the Genece E. Brinkley and Denis P. Cohen and Thomas Fitzpatrick at the police, District Attorney’s Office and pub- grand re-opening and re-dedication lic defender’s office, often applies for state of the Jack Myers Lawyers’ Lounge at grants and federal stimulus dollars. This the Criminal Justice Center on June year, the FJD has been forced to use grant 16. Cohen and Fitzpatrick are co- revenue to meet its salary obligations. As chairs of the Association’s Criminal Justice Section. Chancellor Scott F. the federal stimulus grants come to an Cooper was among the dignitaries end, the FJD will be looking at some real who attended the event. The Lawyers’ problems, and it may have to reduce or Lounge now features a new free legal eliminate some of its divisions. resource center for court-appointed Judge Dembe also addressed potential counsel. It was originally dedicated in budget implications of an effort by Penn- November 2002. sylvania Supreme Court Justice Seamus

McCaffrey and District Attorney Seth Lyons Jeff by Photos Williams to transition to a new schedul- ing system for criminal matters. The proposed “zone approach” will provide ported that Justice McCaffrey has secured designated floors within the Criminal funds from the Bureau of Justice to take Attorney DisciplinAry / ethics mAtters Justice Center for proceedings based upon a comprehensive look at the system. Ac- the detective division from which the cording to Dembe, everyone is on board case arose. In theory, the zone approach with this effort. In the near future, it is will allow prosecutors to present better expected that all police officers will be cases because they will be better informed equipped with portable devices that will (e.g., more familiar with the geographical allow them to enter data while still on the territory and better equipped to identify scene and transmit that data to detec- the truly bad actors within that territory). tives. The electronic transmission will The zone approach will also eliminate allow the detectives to request immedi- the need for police officers to juggle their ate follow-up, before witnesses leave and Statewide Pennsylvania and New Jersey matters  No charge for initial consultation schedules in an effort to appear in vari- information is lost. This change will also Representation, consultation, and expert testimony in disciplinary matters and ous courtrooms throughout the city in a allow prosecutors and defense attorneys matters involving ethical issues, bar admissions and the Rules of Professional Conduct single day. However, due to the building’s to receive information in a more timely James c. schwartzman, esq. design, those entering the CJC are already manner. However, once instituted, funds Former Chairman, Disciplinary Board of the Supreme Court of Pennsylvania  Former Federal Prosecutor subjected to substantial delays as they try, will have to be earmarked to maintain the Former Chairman, Continuing Legal Education Board of the Supreme Court of Pennsylvania Pennsylvania Interest on Lawyers Trust Account Board for instance, to catch an available elevator. system. Judge McCaffrey has been considering Dana pirone carosella, esq. Representing attorneys in disciplinary/ethics matters for 15 years ways to make changes; however, the Heather J. Austin ([email protected]), Author/Speaker on ethics matters required structural changes will require a an associate with Thorp Reed & Armstrong, 1818 Market Street, 29th Floor, Philadelphia, PA 19103 significant amount of money. LLP, is an associate editor of the Philadelphia (215) 751-2863 Relevant to IT operations, Dembe re- Bar Reporter.

6 Philadelphia Bar Reporter July 2010 philadelphiabar.org state civil litigation committee Video Used at Trial Needs “Uh-Oh” Factor n By Thomas L. Bryan aspect of making the videos is telling a example was a settlement video, which very specific and detailed story in a very included a clip from a local news report If you’re going to use a video pre- short period of time, as videos should Podcast in which the reporter, in describing the sentation at trial, it better have the be limited to 20 minutes in length. As Spotlight accident, implied liability on drivers. The “uh-oh” factor included in it, a veteran with any other multimedia production, news clip lasted only a few seconds but Visit philadelphiabar.org to listen to litigator told members of the State Civil concerns such as lighting, background, the podcast from this meeting. might still subtly influence a settlement Litigation Section on June 2. sound quality and camera angle must be master or jury. James R. Ronca said the “uh-oh” factor addressed. He said videos are most often Ronca concluded the presentation by is a video that it is dramatic enough to used in catastrophic injury cases and might advantage your opponent. Ronca showing an example of the closing por- make your opponent go “uh-oh.” Rather can cost anywhere between $5,000 and responded by explaining that he be- tions of settlement videos that, predict- than simply presenting information, $50,000 to produce. lieves all defense attorneys are intelligent ably, focus mostly on the emotional settlement videos should embrace the Production can take anywhere from enough to know ahead of time what story aspects of plaintiffs’ cases. Though costly, story-telling aspects of litigation. Ronca one to several days depending on the level and arguments plaintiffs will present. these videos could be well worth the urged those present to break out of the of sophistication and like any good legal Ronca said a settlement video can be used money in the right case. traditional, simple, linear presentations of brief, a good video presentation should to undermine defenses before they are information when putting on their cases, include a “two-minute warning,” that presented by defense counsel. Thomas L. Bryan, an associate with Gerola- whether in settlement negotiation or trial. summarizes the whole, or at least the He went on to explain some of the mo, McNulty, Divis & Lewbart PC, is an as- Rather, Ronca argued, a client’s story may significant piece, of your client’s story, in more subtle ways argument and persua- sociate editor of the Philadelphia Bar Reporter. be more effectively presented if thought two minutes. Several examples of “two- sion can be woven into these videos. One is given not just to the facts of the case, minute warning” portions of settlement but to the craft of storytelling (perhaps videos were shown. The best ones had beginning with a client’s present struggles voice-overs, animation and television- or future hopes). quality editing. Naturalization Speaker Getting down to the nuts and bolts A concern was raised that using a of producing a settlement video, Ronca video at a settlement conference would explained that the most challenging reveal too much of your trial strategy and

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M. BURR KEIM COMPANY Lyons Jeff by Photo Zane D. Memeger, United States Attorney for the Eastern District of Penn- sylvania, greets new American citizens at a June 10 naturalization cer- Phone: 215-563-8113 Fax: 215-977-9386 emony at the U.S. Courthouse as U.S. District Court Senior Judge Norma 2021 ARCH STREET L. Shapiro looks on. Carolyn M. Chopko, chair-elect of the Young Lawyers PHILADELPHIA, PA 19103 Division, also spoke. Nearly 100 new citizens from 40 nations took the oath www.mburrkeim.com of citizenship at the event sponsored by the Philadelphia Bar Association.

philadelphiabar.org July 2010 Philadelphia Bar Reporter 7 women in the profession committee Confidence, Leadership Style Keys for Women, Rendell Says n By Nicole Edwards Podcast U.S. Court of Appeals Judge Mar- Spotlight jorie O. Rendell offered three pieces of Visit philadelphiabar.org to listen to advice to attendees of the Third Annual the podcast from this meeting. Women in the Profession Summit and to any woman striving to excel in her that, often, women have a tendency to field. While she addressed several topics lack confidence and to question them- Women in the Profession Committee Co-Chairs Nikki Johnson-Huston (left) and during her June 16 remarks, including selves unnecessarily. Judge Rendell Kimberly Ruch-Alegant greet U.S. Court of Appeals Judge Marjorie O. Rendell the impact of technology on the law, admitted that she initially struggled with before she delivered keynote remarks at the June 16 Women in the Profession Summit. the focus of her address pertained to self-confidence issues. At the outset of issues that women face when striving to her career, she felt that she could not be a at my job, if not better, than any man.” that this sense of confidence is key to any become leaders. leader because those roles were strictly for From that moment forward, she resolved person striving to become a leader. Judge Rendell first spoke about the men. But one day she looked in the mir- herself to have confidence in her ability Judge Rendell stressed the importance importance of confidence. She noted ror and said to herself, “I’m just as good to take on leadership roles. She explained continued on page 14 Photos by Jeff Lyons Jeff by Photos Retired Superior Court Judge Phyllis W. Beck (from left) joins Philadelphia Court of Common Pleas Judges Mary McInerney and Renee Cardwell Hughes on the panel “Ethical Challenges Facing Judges – Do They Differ for Women?” The panel included U.S. District Court Senior Judge Norma L. Shapiro and modera- tors Lynn A. Marks and Shira Goodman. A third panel, “The Women of E-Discov- Panelists (from left) Nicole D. Galli, partner Feldman Gale; moderator Gina Furia ery,” featured moderator Wanda Flowers, Sunoco Inc.; Stephanie Resnick, part- Rubel, president/CEO, Furia Rubel Communications, Inc.; Shannon Mayforth, ner, Fox Rothschild LLP; Lana Schell, co-founder and national executive director, senior marketing manager, Citrin Cooperman; Danielle Banks, partner, Stradley Women in eDiscovery; Bridget Logue, information technology specialist in the Ronon Stevens & Young, LLP; and Albertine DuFrayne, associate, Petrelli Law, P.C., litigation support department of the U.S. Attorney’s Office, Eastern District of discussed “Women Lawyers and Social Media (Ethics, Privacy and Social Media).” Pennsylvania; and Christa Iannone, director, practice support, Cozen O’Connor. Sometimes It Pays to Be a Girl in ADR, Panel Says n By Sarah Lessie Hopkins tivity are valuable traits that assist women arbitrators and calm parties and counsel so that emotions are tempered mediators in reaching a dispute’s resolution. The panelists and a reasonable resolution can be reached. A woman’s ability to be empathetic, engaging, discussed that many women’s forte is the desire to reach The impact of gender can be significant in the ability sensitive, observant and understanding can be helpful a consensus, an important skill and main goal of every to reach the goal of compromise. The panel discussed the to women advocates, judges, arbitrators and mediators, arbitrator and mediator. benefits of emphasizing a woman’s gender, as opposed to a panel told a meeting of the Women in the Profession This desire, together with the typical “female” attri- masking it, finding that it is beneficial and productive for Committee and Alternative Dispute Resolution Com- butes of listening, engaging, sympathizing and observing, a woman to utilize her empathetic and sensitive nature mittee exploring gender dynamics in dispute resolution. have worked in many female professionals’ favor in the instead of hiding her femininity. In fact, a woman’s touch Panelists included Judge Sandra Mazer Moss, coordi- dispute resolution community. The panelists drew from is sometimes specifically sought by male clients and attor- nating judge of the Complex Litigation Center, Philadel- past professional experiences and found that on numer- neys who prefer a woman arbitrator or mediator because phia Court of Common Pleas; Vanessa Bullock, com- ous occasions, they had the upper hand on their male she may succeed in keeping the men calm and focused missioner with the Federal Mediation and Conciliation counterparts in engaging parties, clients and opposing on reaching a consensus and solving the dispute at hand. Service; Nancy Walker, board member with the Labor counsel. The women’s abilities to look at the relationships In a male-dominated field – in which some women and Employment Relations Association; Lisa Charles, between and among parties, and to approach the parties believe survival depends on acting like a man – successful Higginbotham Fellow with the American Arbitration and their situations in empathetic ways, often times women discussed that sometimes it pays to be a girl and Association; and Cynthia Locke, staff mediator with the stimulated compromise and helped the parties reach celebrate women’s natural abilities and talents instead of Equal Employment Opportunity Commission. They the desired resolution. The panelists found that because trying to be one of the boys. discussed the effect gender has on advocates, clients, op- women are often more comfortable expressing emotion posing counsel, neutral mediators, arbitrators and judges than men, they can connect to parties in a trusting way Sarah Lessie Hopkins ([email protected]), an as- in dispute resolution. and put the parties at ease. This ability is helpful because sociate with Rubin, Fortunato & Harbison P.C., is an associate Panelists said that women’s natural empathy and sensi- a key goal of mediators and arbitrators is to work with editor of the Philadelphia Bar Reporter.

8 Philadelphia Bar Reporter July 2010 philadelphiabar.org philadelphiabar.org July 2010 Philadelphia Bar Reporter 9 bench-bar and annual conference Zenger Trial Reenactment to Open Weekend

A dramatic reenactment com- Justice James Delancey, who presided Hamilton, born in Scotland, was a The script of Tigar’s play is based memorating the 275th anniversary of at the trial, was a wealthy adherent to renowned trial lawyer who in 1735 lived in part upon the transcript of the trial Andrew Hamilton’s historic 1735 defense Cosby’s cause, and was only 32 years old in Philadelphia. He was (according to authored by Hamilton and Alexander, of printer John Peter Zenger will mark at the time of the trial. Cosby appointed some sources) the only American of his and upon other contemporary records. the opening luncheon and CLE plenary Delancey to be chief justice when the time who had been admitted to practice Much dialogue has been recreated, and session at the Association’s Bench-Bar former chief justice ruled against Cosby in the Inns of Court in London. He was the proceedings have been heavily edited. and Annual Conference on Friday, Oct. in a celebrated suit. But he kept Delancey counsel to the family of William Penn in However, the attitudes and thoughts ex- 15. The case established the concept of on a tight rein, and appointed him to a celebrated case that spawned legal pro- pressed by the parties are well-document- freedom of the press and coined the term serve during Cosby’s “will and pleasure.” ceedings on both sides of the Atlantic. He ed. This play faithfully recreates the role “Philadelphia lawyer.” Zenger’s paper, The New York Weekly was a friend of Benjamin Franklin, who of advocates in 18th century libel cases, of The plenary, sponsored by the Associa- Journal, protested these arbitrary actions. was at that time a printer in Philadelphia. which Zenger’s was the most celebrated. tion’s Historical Society, will include a Zenger was initially represented by Hamilton held many public offices in Hamilton’s arguments in Zenger’s case question-and-answer session moderated James Alexander, a young lawyer who Pennsylvania, and was Speaker of the represented a considerable stretching of by retired Pennsylvania Supreme Court was a financial supporter of Zenger’s Assembly from 1729 until he retired in the rigorous law of libel as it stood in Justice Jane Cutler Greenspan and Penn- paper and probably author of some of its 1739 (with the exception of one year). 1735. He had concluded that he could sylvania Superior Court Judge Correale more controversial material. When Chief Zenger was a German immigrant, not convince the judges of his posi- F. Stevens. The plenary, including the Justice Delancey disbarred Alexander in born in 1697. He came to America in tion, and was really speaking to the jury. performance and Q & A, provides two reprisal for his moving to unseat him, the 1710. Zenger did an apprenticeship Benjamin Franklin wrote in 1738 that hours of substantive CLE credit. The per- defense was left in a quandary. Zenger and thereafter ran a printing business in an English lawyer said of Hamilton’s formance will feature actors from Temple moved for appointed counsel, and John various locations until he was financed in argument: “If it is not law, it is better than University’s Department of Theater. Chambers was appointed. Chambers, business by the opponents of Governor law, it ought to be law, and it will always The script was written by Michael E. however, was a known supporter of Gov- Cosby in 1734. His New York Weekly be law wherever justice prevails.” Gover- Tigar, professor emeritus at American ernor Cosby, and Zenger’s friends feared Journal, the subject of this prosecution, neur Morris said much later “The trial of University Washington College of Law. to let him conduct the defense alone. first appeared in November 1733. Gov- Zenger in 1735 was the morning star of According to a summary by Tigar, Zenger Zenger was also represented by William ernor Cosby finally became sufficiently that Liberty which subsequently revolu- was arrested and charged with libeling Smith, who was also disbarred for joining upset by Zenger’s paper that he began tionized America.” colonial Governor William Cosby. Chief in the motion. proceedings against it in October 1734.

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10 Philadelphia Bar Reporter July 2010 philadelphiabar.org bench-bar and annual conference 14 CLEs, 8 Credits Available at Borgata n By Jeff Lyons Conference Schedule Fourteen CLE programs in a variety of practice Friday, Oct. 15 areas are being planned for the Philadelphia Bar Associa- tion’s Bench-Bar and Annual Conference on Oct. 15-16 9:30 a.m...... Registration at the Borgata in Atlantic City, N.J. 11: 30 a.m...... Opening Luncheon and CLE Plenary The CLE programs, in which attendees can earn up to • 275 Years of Freedom of the Press: A Reenactment of the Trial of John Peter Zenger eight hours of credit (including the opportunity to earn 2 p.m...... Break two ethics credits), will feature judges and some of the 2:15 p.m...... CLE seminars city’s best-known practitioners, who will use their exper- • Challenges in Removal From State to Federal Court tise and experience to enlighten attendees. • Trial Advocacy: The Power of Ideas Following Friday’s opening luncheon and CLE plenary • Diversionary Programs as Alternatives to Incarceration: What They Offer and What to Do session, the Federal Courts Committee will present as an Advocate “Challenges in Removal From State to Federal Court.” 3:15 p.m...... Break Panelists include U.S. District Court Judge Cynthia M. 3:30 p.m...... CLE seminars Rufe, past Chancellor David H. Marion and course plan- • Discovery in the Criminal Division of Philadelphia Municipal Court and the Court of Com- ner Charles S. Marion. mon Pleas “Trial Advocacy: The Power of Ideas” will feature • To Prep or Not to Prep? That Is the Question: Ethical Considerations for Family Law Prac- legendary trial attorneys Gerald A. McHugh Jr. and titioners Robert J. Mongeluzzi, who will discuss the means by • The Philadelphia JPT Program: A Fresh Perspective on What it Takes to Be and Appear which attorneys can conceptualize and present arguments Before a JPT in the most effective way. The course planner is Board of 6 - 10 p.m...... Grand Reception Governors Vice Chair Regina M. Foley, co-chair of the Bench-Bar and Annual Conference. Saturday, Oct. 16 “Diversionary Programs as Alternatives to Incar- 8 a.m...... Breakfast and registration ceration: What They Offer and What to Do as an -Ad 9:30 a.m...... CLE seminars vocate” is a Public Interest Section offering focusing on • Social Media and the Practice of Law what an attorney needs to do to get his or her client into • Civility – Nice Guys and Gals Do Not Finish Last an alternative diversionary placement program. Panelists • Mortgage Foreclosure Diversion Program Litigation include Jeffrey Beard, Nicole Porter, David Rudovsky, 10:30 a.m...... Break and Hotel Check-Out Joshua Shapiro and a representative from the judiciary. 11 a.m...... CLE seminars Course planners are Ourania Papademetriou, Joseph A. • Counseling the Corporation Sullivan and Angus Love. • My Witness Went South - What Now? The Young Lawyers Division will present a program • Technology in the Courtroom on Discovery in the Criminal Division of Philadelphia 12 p.m...... Closing CLE Plenary and Luncheon Municipal Court and the Court of Common Pleas. • State of the Court Presentation The course will provide an update on recent discovery is- sues and the new discovery court. The course planner and moderator is Jill J. Holden. Panelists will be announced soon. presented by the Bar-News Media Committee. Rubel is Criminal Justice Section program that will discuss what The Family Law Section plans To“ Prep or Not to the moderator and course planner. happens when a witness changes his or her story. Panelists Prep? That Is the Question: Ethical Considerations U.S. District Court Judge C. Darnell Jones II, Michael include Philadelphia Court of Common Pleas Judge M. for Family Law Practitioners,” a program on the ethical L. Turner, A. Roy DeCaro and past Chancellor Jane L. Teresa Sarmina, Daniel-Paul Alva, Professor Jules Epstein dilemmas faced daily by family law practitioners. The Dalton are the scheduled panelists for the Professional and moderator Isla A. Fruchter. The course planner is course planners are Julia Swain and Mark A. Momjian. Responsibility Committee seminar “Civility – Nice Troy H. Wilson. Megan E. Watson is the moderator and panelists will Guys and Gals Do Not Finish Last.” Panelists will “Technology in the Courtroom” is an overview include Kimberly S. Ingersoll. discuss the adoption of the Pennsylvania Civility Code as presented by the State Civil Litigation Section on the The State Civil Litigation Section will present The“ well as cases decided citing the code. Richard P. Myers is different ways technology can be used in trial and how it Philadelphia Judge Pro Tem Program: A Fresh Per- the course planner and moderator. can affect your trial. Panelists include Philadelphia Court spective on What it Takes to Be and Appear Before The Real Property Section will present Mortgage“ of Common Pleas Judge Sandra Mazer Moss, Donna Lee a JPT.” The course planner and moderator is Robert T. Foreclosure Diversion Program Litigation” with Jones, Timothy R. Lawn and Scott W. Reid. Kathleen D. Szostak. Panelists include Philadelphia Court of Com- Philadelphia Court of Common Pleas Judge Annette M. Wilkinson is the moderator and course planner. mon Pleas Judges D. Webster Keogh, William J. Man- Rizzo, Kenneth J. Fleischer and Rachel Gallegos. Richard A State of the Court Presentation will also be offered fredi, Sandra Mazer Moss, Allan L. Tereshko, Jacqueline L. Vanderslice is the course planner as well as a panelist. for CLE credit as the closing CLE plenary session on F. Allen and Howland W. Abramson, along with Deputy The Business Law Section will present Counseling“ Saturday, Oct. 16, featuring the top judges from the state Court Administrator Charles A. Mapp Sr. and Dispute the Corporation,” a moderated discussion about large and city bench. Please note that course descriptions and Resolution Center Manager Peter J. Divon. corporations’ relationships with outside counsel. Panelists panelists are subject to change. The programming on Saturday, Oct. 16 begins with are John Chou, general counsel, Amerisource Bergen; In addition, one of the highlights of the conference Gina Furia Rubel, Joseph A. Prim Jr., Nicole D. Galli, and Arthur R. Block, general counsel, Comcast. The will be the Grand Reception on Friday, Oct. 15, begin- Shelley Goldner and Harold M. Goldner discussing course planner is Eric C. Milby. ning at 6 p.m. “Social Media and the Practice of Law,” a program “My Witness Went South – What Now?” is the philadelphiabar.org July 2010 Philadelphia Bar Reporter 11 bench-bar and annual conference Borgata Hosting Bench-Bar for Second Time The Philadelphia Bar Association Hotel Casino & Spa. This luxurious The hotel is designed in classic Italian ties, such as floor-to-ceiling windows, is thrilled to bring the Bench Bar & destination resort has set a new standard style and boasts 2,000 guest rooms and 300-thread-count Egyptian cotton bed Annual Conference back to the Borgata among Atlantic City hotel properties. suites, all of which include stylish ameni- and bath sheets, and large bathrooms with granite countertops, marble walls and floors, and oversized glass-enclosed Philadelphia Bar Association 2010 Bench­Bar & Annual Conference showers. October 15 ­ 16, Borgata ­ Registration Form The Borgata also features 12 destina- tion restaurants that convey a world of Mem­ Public Int. YLD Non­ Registration Type Total culinary experiences. Among the estab- ber & Gov Member Member lishments, acclaimed chefs Bobby Flay, Michael Mina, Wolfgang Puck, Michael Full Conference ­ Schulson and Stephen Kalt present, Early­Bird if Booked by $349 $199 $199 $399 respectively, Bobby Flay Steak, SeaBlue, September 17: Wolfgang Puck American Grille, Izakaya Includes all CLE programming and and Fornelletto. all sponsored meals and events on Fri. $429 $279 $279 $479 and Sat. Artists such as Pearl Jam, Gwen Ste- Early-Bird Rates, in red fani, Sting, Carly Simon and Aerosmith have performed in the 2,400-seat Borgata Friday Only ­ Event Center and famous guests are often Includes Reception: $299 $149 $149 $349 spotted throughout the premises. Live Includes all CLE programming and all sponsored meals and events on Fri. bands play at the Borgata’s four nightlife hotspots: Gypsy Bar, B Bar, mur.mur and Friday ­ Reception Only: $125 $125 $125 $150 MIXX. Includes Fri. night event only. The Borgata’s Spa Toccare is 54,000 Saturday Only: square feet and includes a salon, fitness Includes all CLE programming and $229 $79 $79 $279 center and barbershop. The Spa offers an sponsored meals on Sat. extensive menu of rejuvenating treat- Non­CLE Credit and ments. Rounding out the amenities are Guest Fee: $175 $175 $175 $200 Includes all sponsored meals and 11 specialty boutiques offering men’s, events on Fri. and Sat. women’s and children’s fashions, gifts, toys, housewares and absolute essentials. Registration Type: Total Due: Hotel reservations must be made directly with the Borgata by calling Attendee Name: 1-866-692-6742, or visit www.philaben- Nickname on Badge: chbar.org. Reference the Philadelphia Bar (if different than above) Association to receive our special group Company/ Organization: rate over the dates of October 14-16, 2010. Reservations must be made by Guest Name(s): Friday, Sept. 17. Address: City: State: Zip: Phone: Fax: E­mail: Credit Card Holder: Special Dietary Needs: Emergency Contact: Phone: Card Type: J AMEX J MASTER CARD J VISA Card Number: Expiration Date: Signature: Date:

Mail to: Philadelphia Bar Association, 1101 Market St., 11th Fl., Philadelphia, PA, 19107-2955 or Fax to: 215-238-1159 Hotel reservations must be made directly with the Borgata by calling 1­866­692­6742, or visit Board of Governors Vice Chair Regina www.philabenchbar.org. Reference the Philadelphia Bar Association to receive our special group M. Foley and Vice Chancellor John rate over the dates of October 14­16, 2010. Reservations must be made by Friday, September 17. E. Savoth are co-chairs of the 2010 Bench-Bar and Annual Conference.

12 Philadelphia Bar Reporter July 2010 philadelphiabar.org medical-legal committee Settling Med-Mal Cases is Goal, Judge Says n By Regina Parker Judge Allen explained that the judge cases that makes the system work. The pro tem program is beneficial in many Board of Judges of Philadelphia County Judge Allen explained The goal in Philadelphia County is ways. “It’s my experience that at those voted to amend Philadelphia Civil Rule to posture cases for settlement, Phila- conferences, there is the opportunity 212.1 and 212.3 to encourage settle- that proper case man- delphia Court of Common Pleas Judge for other things to occur that are good,” ments, Judge Allen said. She explained agement requires Jacqueline F. Allen told attendees during she said. Judge Allen explained that the that pursuant to Rule 212 as amended, a recent meeting of the Medical-Legal conference can be useful in deciding judges may order anyone with a financial active participation Committee on the state of medical mal- who the real parties are and getting out interest in the outcome of a case to be from both parties. It is practice litigation in Philadelphia. the extraneous parties. It can also clean personally present at pre-trial or settle- There has been an increase in the use of up the file and serve as an opportunity ment conferences. Judge Allen explained the resolution of cases mediations that are occurring earlier on in to address other nuance issues that may that the person with actual authority that makes the system the life cycle of medical malpractice cases, have not been shared between counsel. must be present in person even if that Judge Allen said. With this being the case, The purpose of the program is to set cases person is not a party. Failure of anyone work. she explained that it appears that some up to be settled. The mere fact that the with a financial interest in the outcome members of the bar, both plaintiff and de- conference may not result in a meaning- of a case to appear may result in the fense counsel interpret that to mean that ful settlement is not going to be reason imposition of sanctions. Upon appropri- a judge pro tem conference is no longer enough to anticipate that there will not ate request of counsel, judges may for change, 1,352 medical malpractice cases necessary. Judge Allen strongly disagrees be the need and specifically the require- good cause permit a party or representa- were filed. That number has dropped to with the notion that the judge pro tem ment for a judge pro tem conference, she tive to appear by telephone rather than in 540 filings in 2005. In 2009, there were program is not necessary or required. She said. The program also assists judges with person. 507 medical malpractice cases filed. reiterated that the protocols established case management. Judge Allen relies on In Philadelphia County, the juries call As of April 2010, the total civil inven- by the case management order prevail and the judge pro tem’s report in reviewing it as they see it, she said. In 2009, there tory consisted of 35,926 cases. Cases cases will be scheduled for a conference the file, discussing the trial and possibility were 34 defense verdicts, which consti- assigned to the arbitration program rep- with a judge pro tem. Even if there is no for settlement. tutes 77 percent of the cases that actually resent 30 percent of the total inventory, authority to resolve the case, the parties Judge Allen explained that proper case went to verdict. There were 10 plaintiff Judge Allen explained. The major jury are expected to show up for the confer- management requires active participation verdicts that represents 33 percent of program, including medical malpractice ence. from both parties. It is the resolution of those cases that went to verdict. Judge cases, represents 17 percent of this total Allen explained that Philadelphia County inventory, approximately 6,250 cases. does not deserve the tag that it has gotten Judge Allen complimented the mal- as “run-away verdicts.” The verdicts have practice bar on working cooperatively Recording History been as low as $125,000 and as high as to unearth the issues of the cases and $6.5 million, the high verdict being a working together to set the cases up for combination of three verdicts. settlement. The number of medical malpractice cases filed in Philadelphia County has Regina Parker ([email protected]) is dropped significantly as a result of the an associate with Mattioni, Ltd., and is an as- venue change. In 2002, prior to the venue sociate editor of the Philadelphia Bar Reporter.

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Photo by Mark Tarasiewicz Mark by Photo Investment and insurance products; Not FDIC-Insured | NO Bank Guarantee | MAY Lose Value William P. Fedullo, co-chair of the Philadelphia Bar Association Historical Society along with Roberta D. Liebenberg and Robert C. Heim, meets with past Chancellor Marvin Comisky on May 28. Comisky provided reflections McDevitt & Kline, LLC | ConTinuing EduCATion ProvidErS on his year as Chancellor (1965) as part of the Society’s video archive project featuring past Chancellors of the Association. www.ceworkshops.com philadelphiabar.org July 2010 Philadelphia Bar Reporter 13 to, and participation by, members of the Civil Gideon judiciary, legislators, private employers Judge Rendell continued from page 1 and community leaders making the case continued from page 8 for Civil Gideon in key areas. by Immediate-Past Chancellor Sayde J. In May, the Board of Governors, act- of recognizing your leadership style. She Ladov. Part of the impetus for the Task ing on a Task Force recommendation, shared with the audience two pieces of Force was the downturn in the national authorized the Association to serve as a advice her male mentor had given her and local economies, and the impact of cosponsor of proposed American Bar As- early in her career – think before you job losses and reduced income on the sociation resolutions supporting a Model speak and speak in a lower voice. At ability of low-income and disadvantaged Access [To Counsel] Act and Basic Prin- first, she viewed his advice as completely persons to gain access to the courts. ciples of a Right to Counsel in Civil Legal sexist. However, after giving it some The interactive discussion is expected Proceedings. These resolutions are to be thought she saw validity to both of to address a wide range of issues, includ- taken up at the American Bar Association his points. She realized that she had a ing what basic needs are or should be Annual Meeting in August. tendency to speak during conversations encompassed in the basic civil right to Professor Engler, who serves on the any time there was a lull. She didn’t give Professor Russell Engler counsel, what research studies across the Massachusetts Access to Justice Com- much thought to what she said – she country suggest about the scope and mission and the Boston Bar Association’s Williams Law Review (forthcoming would simply say anything to fill the design of models for providing such Task Force on Expanding the Civil Right 2010). He will also address the Boston silence. Clients, however, don’t want representation, and the governmental to Counsel, has written several published Bar Association’s process for designing counsel who simply “fill the silence.” and societal costs that may be added, or texts on Civil Gideon, including Shaping pilot programs and provide his assess- They want counsel who provide sub- averted, by providing civil representation A Context-Based Civil Gideon from the Dy- ment of pilot projects in other parts of the stance. To ensure that she was viewed as to low-income persons in such areas. namics of Social Change, 15 Temple Pol. nation. a person of “substance,” she realized that In November 2009, the Philadelphia & Civ. Rights L. Rev. 697 (2006). He is “This forum gives us a wonderful op- sometimes saying less is more and that Bar Association’s Board of Governors expected to place the Civil Gideon move- portunity to more fully explore the critical being deliberate when communicating adopted a preliminary report of the Civil ment in the context of a larger strategy, Civil Gideon initiative,” said Chancellor is best. Also while observing a female Gideon Task Force that recommended including encouraging courts to be more Scott F. Cooper. “By hosting this level of colleague, who spoke slowly and in a the endorsement of pilot projects in evic- active in promoting access to justice, and discussion in Philadelphia, our Bar As- low voice, command complete atten- tion and mortgage foreclosure defense promoting the design and implementa- sociation again places itself on the cutting tion from a boardroom full of attorneys, and custody cases, as well as the develop- tion of innovative limited representation edge of this imperative civil rights issue.” Judge Rendell realized that a lower pitch ment of an education and communica- models that are coupled with vigorous The Chancellor’s Forum is free for all and slower cadence, generally, sounds tions plan to inform the legal community evaluation of case outcomes to determine Bar members and lunch will be provided. more authoritative to the ear. She noted and the public about Civil Gideon. those subject areas where anything less The program begins at 12 p.m. in the that by perfecting her leadership style, In preparing the preliminary report, than full representation will not work. 11th floor Conference Center of Bar As- she advanced as a leader. Task Force working groups reviewed sub- Professor Engler will also talk about sociation headquarters, 1101 Market St. Finally, Judge Rendell stated that a stantial evidence of the lack of representa- the issues faced in Boston and Massachu- key quality of a leader is the ability to tion for a majority of low-income per- setts pilot projects and the “seven-step” Joseph A. Sullivan ([email protected]) recognize her strengths. For instance, sons, as well as reports of innovative pilot approach set out in his paper, Pursuing is special counsel and director of pro bono pro- Judge Rendell explained that she projects across the United States. The Access to Justice and a Civil Right To Coun- grams at Pepper Hamilton LLP and co-chair believes that women have a knack for Task Force proposed a number of specific sel in a Time of Economic Crisis, 15 Roger of the Association’s Civil Gideon Task Force. bringing people together and building steps to implement an education strategy consensus. Being able to resolve prob- in the short term, such as developing a To register for the July 7 Chancel- lems in a way that benefits everyone is a case statement for Civil Gideon, and in lor’s Forum with Professor Russell great strength to possess. By recognizing the longer term that will involve outreach WebCheck Engler, visit philadelphiabar.org. the unique value that you can bring to a leadership position, you can better leverage your talents to enhance your ing policy. Using some strong words to to prevent recidivism. leadership capabilities. Williams describe the former policy, Williams said, continued from page 3 “We threw everything against the wall. Ria C. Momblanco ([email protected]), Nicole Edwards (nicole.edwards@dlapiper. Whatever stuck, stuck. Whatever didn’t, an associate with Fine, Kaplan & Black, com), an associate with DLA Piper LLP, is within that region. Prosecutors will be you blamed the judges, you blamed the R.P.C., is an associate editor of the Philadel- an associate editor of the Philadelphia Bar able to work repeatedly and more closely police. We shifted our responsibility to phia Bar Reporter. Reporter. with the same local enforcement officers the Municipal Court judges. Let them try and the same community. Williams hopes to figure out really what happened. And that this new method will increase effi- that’s an abdication of the responsibility Expert Witness ciency and make prosecutors accountable of the prosecutor.” His office’s new policy (Real Estate and Title Insurance) to their assigned communities. is “to only charge people you believe are Williams has also made changes to guilty beyond a reasonable doubt,” and Mediator his office’s Charging Unit, which is not to “overcharge” as had been done in (Commercial and Divorce) responsible for ensuring that appropriate the past. charges are being brought in each case Williams predicted “a lot of reform Experienced And Effective that comes in. Williams said the unit had made in a very short period of time,” Practiced over 30 years with a major law firm evolved into a department that D.A. of- and mentioned additional changes and fice employees were “banished” to, in the programs including the new Performance event that they had demonstrated “bad and Policy Division that uses empirical Robert M. Schwartz judgment, somehow.” After the reorga- data to analyze his office’s performance in nization, the unit is now staffed with 18 areas such as felony convictions, and the 610-212-7344 attorneys, whom Williams called some of new Back on Track program that offers [email protected] the city’s best trial attorneys. first time non-violent offenders job skills Williams also revised his office’s charg- and life management classes in an effort

14 Philadelphia Bar Reporter July 2010 philadelphiabar.org Bar Foundation Teamwork Makes Difference at Foundation

Sitting in the stands By Amy B. Ginensky how what he learned this spring, watching applies to the work of Bar Foundation Trustees my son play his final the trustees of the Phila- year as a college baseball delphia Bar Foundation Officers pitcher, I realized how – individual effort, excel- Amy B. Ginensky, Esq., president; Wendy Beetlestone, Esq., president-elect; far he had come. Not lence and willingness Glenn D. Blumenfeld, treasurer; Deborah R. Gross, Esq., secretary; Christopher just in terms of fastballs to contribute account W. Ritchie, assistant treasurer; Rod E. Wittenberg, assistant secretary. and curves, but in what for the success of our he had learned about Foundation. Trustees playing on a team. The This year, for example, Michael F. Barrett, Esq.; Steven E. Bizar, Esq.; Anthony J. Bolognese, Esq.; most important statistic Wendy Beetlestone (our Thomas A. Brophy, Esq.; Wilson M. Brown, Esq.; Edward F. Chacker, Esq.; no longer was his ERA, president-elect) and Scott F. Cooper, Esq., Chancellor, Philadelphia Bar Association; Jane L. Dalton, but rather whether the Steve Bizar are leading Esq.; Rudolph Garcia, Esq., Chancellor-Elect, Philadelphia Bar Association; team won or lost. the charge for the Raising the Bar cam- Kevin P. Gilboy, Esq.; Richard Grobman; David J. Kessler; Joseph C. Kohn, As a result, he willingly took the paign; Chris Ritchie and Debbie Gross Esq.; Douglas W. Kreitzberg; Fred T. Magaziner, Esq.; Kenneth Shear, executive mound when the opponents had a fear- are heading up the Cy Pres Committee; director, Philadelphia Bar Association; and Norman J. Weinstein, Esq. some record because he saw his role as Tom Brophy and Rudy Garcia are chairs trying to contribute to a team victory, of the Andrew Hamilton Benefit; Rod tion. Norm Weinstein continues to be each year and enable us to win champi- rather than being victorious himself. He Wittenberg successfully chaired our Golf our ace; he chairs our Grants Committee, onships by making it possible to award suppressed any fear as he climbed the Classic on June 21 (much appreciation to spending countless hours heading up the grants to the 33 nonprofit legal assistance mound. And when it was not his day to Rod); Wilson Brown and Fred Magaziner Foundation’s most important function of organizations. pitch, he was there for his teammates, of- are leading our Individual Giving Cam- ensuring that its grants are appropriately In fact, this team is so large that it re- fering coaching and moral support. Little paign, while Glenn Blumenfeld, Jane distributed amongst the 33 nonprofits, sembles a football, rather than a baseball, League was long gone. The life lessons Dalton, and Kevin Gilboy are helping and he works with them and others to team. So to give us a big enough field, we he learned at college of not being afraid the Foundation start its first ever Legacy try to achieve the Foundation’s mission of have decided to have the Andrew Hamil- to take the ball, throwing the next pitch Campaign. Former Foundation President assuring access to justice for all. And, each ton Benefit at Lincoln Financial Field on (when the last one was not so good) and Ed Chacker is working with me to found of the trustees, and the other members of Saturday, Nov. 6 from 7 to 11 p.m. contributing and sacrificing for the team, a Leadership Council. (Details of all of their committees, play important posi- We’re asking the whole legal commu- I thought, would last him for his life, long these will appear in future articles.) In ad- tions, and do not let any balls drop. nity to “Team up for Justice.” To come after he could no longer throw from 60 dition, Rich Grobman leads our Finance Of course, they can only do so because play for us. Yes, this is a party, but it is a feet, 6 inches. Committee and Doug Kreitzberg our of our indefatigable (but small) staff, who party to celebrate the winning team of Sitting on the plane on my return Marketing Committee, both committees make all of us look good: Gene Sirni, the Foundation and to make sure we are flight after his last game, I thought about critical to the operation of the Founda- executive director; Lynne Brown, deputy playing at the highest level. Like last year, executive director; and Liz Pannulla, the Benefit will be classy but laid back. administrative and project coordinator. We’ll be on the club level of the Linc, able Memorial Gifts Recognized Our team is a lot deeper than just the to look over the football field, our name From time to time, the Philadelphia Bar Foundation receives contributions or a Board and its staff. From the Bar As- on the Jumbotron and our sponsors and fund in memory of someone who has died or, on a happier note, to mark a spe- sociation and its staff to the Committees, patrons highlighted on a TV scorecard. cial occasion or honor an achievement. Philadelphia lawyers are a special breed. Sections and Divisions of the Association, So when one of our trustees or one We honor them when we make a gift to the Bar Foundation that is then used to there is not only support, but team mem- of the Benefit host committee members assist Philadelphia’s public interest lawyers and the clients to whom they provide bers willing to take responsibility and play comes to you and asks you to be there, legal services. hard. For example, the events that the I’m hoping you will say, “Give me the YLD runs each year – including the suc- ball. I’m ready to get in the game.” And, In Memory cessful Comedy Night – help us put runs as my son has now graduated, I am hop- • Given by Amy B. Ginensky and Andrew Rogoff, in memory of David T. (financial ones) on the board as we tally ing that he can join us that night to see Sykes, of Duane Morris LLP, serving as its managing partner from 1994 to 1997 up the score for grants each year. how our team can really score. and as vice chairman from 1998 to 2004. Described as one of the “deans of the But this team is larger even than that. Pennsylvania bar,” Sykes was a widely known civic figure, serving as chair of the There are so many of you who don’t Amy B. Ginensky (ginenskya@pepperlaw. Committee of Seventy, the nonpartisan political watchdog group. merely cheer us on, but have a spot on com), a partner at Pepper Hamilton LLP, is • Given by James D. Alt and Stephen Bundy in memory of R. Nicholas the roster. The firms and individuals listed president of the Philadelphia Bar Foundation. Gimbel, a partner at McCarter & English, a Philadelphia litigator and a man of in our Annual Report step up to the plate varied talents, interests and friends. We thank all who have made donations to the Bar Foundation’s R. Nicholas Gimbel Fund for Legal Excellence in his memory, including these recent contributors. SAVE THE DATE In Tribute • Given by Deborah R. Gross in honor of Jeremy Rogoff’s graduation from Andrew Hamilton Benefit Washington University in St. Louis. • Bridget Weston and Rick Pollack made a gift in honor of U.S. District @ Lincoln Financial Field Court Judge Joel H. Slomsky for playing such a special and important role on Saturday, Nov. 6, 2010 their wedding day. philabarfoundation.org

philadelphiabar.org July 2010 Philadelphia Bar Reporter 15 YLD Update Get Involved, Join YLD Hamilton Circle By Albertine DuFrayne

On behalf of my Comedy Night co- chair Carey Chopko, I want to extend a big thank you to everyone who assisted Young Lawyers Division scholarship recipients meet at a June 17 reception in the Crystal Tea Room Atrium. Pictured in making the Young Lawyers Division’s from left are scholarship recipients Dwight Bailey (Villanova), Priscilla Jimenez (Drexel), Dalisai Nisperos (Penn), 5th Annual Comedy Night Fundraiser Abraham Tran (Rutgers), YLD Executive Committee member Aneesh Mehta, scholarship recipient Kevin Harden Jr. and Silent Auction to Benefit the Phila- (Temple) and YLD Chair Albertine DuFrayne. The students were recognized for their excellence in academic achieve- delphia Bar Foundation a resounding ment, community service and commitment to the Philadelphia area. success. I particularly want to thank our sponsors, silent auction donors and at- tendees for supporting the event and the YLD Diversity CLE, Foundation. As you know, the Philadelphia Bar Scholarship Event Foundation is a 501(c)(3) nonprofit Panelists for the June 17 Young Law- organization that provides funding to yers Division CLE on diversity “The more than 30 local legal service organiza- Dangers of Stereotypes and Sub- tions, which represent those struggling conscious Bias: Does It Impact Your with poverty, abuse and discrimination in Success in the Courtroom?” included our community. The Foundation is the (from left) Scott W. Reid, Deborah Starr, John Han, Philadelphia Court of charitable arm of the Philadelphia Bar Common Pleas Judge Renee Cardwell Association and embodies the Philadel- Hughes, course planner Melanie Tay- phia legal community’s commitment to lor and Vincent Regan. promoting access to justice. Over the past five years, the YLD has Petitti Michael by Photos collaboratively shown our dedication and support to the Foundation as a division lawyers have not yet made contributions. community where we practice and live. I invite you to contact me at adufrayne@ through Comedy Night. You may not Some of us give our time by volunteering I encourage you to join the YLD/AHC petrellilaw.com or Lynne Brown, deputy realize it, but there is another easy way to staff the cases but that is not enough. and, with your small donation, commit executive director of the Foundation, at that young lawyers can support the Phila- Hopefully, the commitment is comfort- to support legal services that improve the [email protected] or (215) 238-6347. delphia Bar Foundation – by becoming a able enough that all young lawyers will lives of low-income and disadvantaged member of the Young Lawyers Division consider joining.” people in our community. Albertine “Abbie” DuFrayne (adufrayne@pe- of the Andrew Hamilton Circle (YLD/ A large part of young lawyers becom- For information about joining the trellilaw.com), an associate with Petrelli Law, AHC). ing leaders in the legal community stems Young Lawyers Division Hamilton Circle P.C., is chair of the Young Lawyers Division. In September 2001, the Young from their commitment to helping others Lawyers Division’s Executive Committee both by undertaking pro bono represen- voted to establish the YLD/AHC because tation and through financial contribu- the members saw a need for more young tions. The idea behind the YLD/AHC is YLD Andrew Hamilton Circle Members lawyers to become involved with the that the $100 per year commitment is at The following attorneys are members of the Young Lawyers Division Andrew Foundation on an individual level. Each a level at which any young lawyer is able Hamilton Circle, having made their contributions while members of the YLD: member of the YLD/AHC commits to to participate whether he or she works Michael Eric Adler, Heather J. Austin, Sheryl L. Axelrod, MaryJo Bellew, Brian contribute $300 to the Michael K. Smith at a small firm, large firm, government S. Chacker, Jeffrey L. Dashevsky, Andrew R. Duffy, John Ehmann, James E. Fund of the Philadelphia Bar Founda- agency, etc. Elam, David Felderman, Joel I. Fishbein, Regina M. Foley, Lisa Getson, Michael tion by donating $100 each year for three There are currently 35 members of the B. Hayes, Gregory B. Heller, Jerel Hopkins, Kim R. Jessum, Marla A. Joseph, consecutive years. Young Hamilton Circle and the YLD Thomas G. Kessler, Natalie Klyashtorny, Mariam Koohdary, Glenn M. Massina, At the time the YLD/AHC was is looking to substantially increase that Tobias Millrood, Dara Penn Newman, Alan Nochumson, Kathy E. Ochroch, established, former YLD Chair Molly number by the end of 2010. I hope you Molly Peckman, Rebecca Rosenberger-Smolen, Peter R. Rosenzweig, Matthew Peckman explained that “although the will join me in adding to the member- M. Ryan, Melissa Schwartz, Michael D. Shaffer, Marnie E. Simon, Rod E. Wit- need for funding of our public interest ship. tenberg and Eric Zajac. agencies is greater than ever, many young Equal access to justice is essential to the

16 Philadelphia Bar Reporter July 2010 philadelphiabar.org Judge Michel continued from page 1 years and some applications do not issue for six or seven years at which point the once-new technology becomes obsolete and thus the patent is worthless. With the PTO grossly underfunded and delays in examination and lengthy patent litigations in the federal courts, Judge Michel told the audience of nearly 200 at The Union League that the pat- ent system must be improved. The U.S. government must first furnish public funding for hiring of patent examiners Lyons Jeff by Photo Intellectual Property Committee Co-Chairs Nicole D. Galli (from left) and Michael J. Berkowitz join Alan S. Nadel, Judge and federal judges for the nearly 100 Paul R. Michel and Chancellor Scott F. Cooper prior to Judge Michel’s June 8 remarks at The Union League. vacant spots, providing office space and modern computer systems for the discovery issues, and there could be some reinforced his desire to improve the examiners, and guaranteeing by law that sort of presumption that losers in litiga- U.S. patent system and to welcome any any PTO fees will no longer be diverted. tion have to pay litigation fees. These help from interested organizations and Podcast Specifically, Judge Michel suggested that suggestions would decrease the costs and individuals. Spotlight the PTO needs $1 billion, which is basi- time associated with expensive, lengthy The event was co-sponsored by the Visit philadelphiabar.org to listen to cally equivalent to the $900 million that patent ligation. Philadelphia Bar Association’s Intellectual the podcast from this meeting. the government has already diverted from Without investment by the govern- Property Committee and the Philadelphia the PTO. In context, $13 billion has ment, Judge Michel concluded, private Intellectual Property Law Association. Frailey P.C.; Mannino Law Firm; Morris, been spent on pet projects of members of investors will not invest in research and Sponsors for the program included Nichols, Arsht & Tunnell LLP; Panitch Congress and much more has been spent development. However, investment of Akin Gump Strauss Hauer & Feld, LLP; Schwarze Belisario & Nadel LLP; Pep- on bailouts on Wall Street, etc. public funding in the patent system will Ballard Spahr LLP; Benjamin Franklin per Hamilton LLP; Potter Anderson & With regard to the courts, Judge not only promote activity by private American Inn of Court; Caesar Rivise Corroon LLP; RatnerPrestia; Saul Ewing Michel said that discovery should be investors, but will create jobs and raise the Bernstein Cohen & Pokotilow, Ltd.; LLP; Schnader Harrison Segal & Lewis narrowed to evidence that will be used level of health and the standard of living Connolly Bove Lodge & Hutz LLP; LLP; Volpe and Koenig, P.C.; Woodcock at trial, more magistrate judges should through the United States. Cozen O’Connor; Dechert LLP; Dil- Washburn LLP; and Young Conaway be available for Markman hearings and With his parting words, Judge Michel worth Paxson; DLA Piper LLP; Drinker Stargatt & Taylor, LLP. Biddle & Reath LLP; Duane Morris LLP; Eckert Seamans Cherin & Mellott, LLC; Kim R. Jessum ([email protected]) is of Feldman Gale, P.A.; Fish & Richardson, counsel to Stradley Ronon Stevens & Young, P.C.; Flaster Greenberg P.C.; Fox Roth- LLP. Professional schild LLP; Harding, Earley, Follmer & Liability Insurance VIP Honors Tarr for Volunteer Efforts for Attorneys This month Philadelphia providing representation through VIP recognizes Amy Tarr and VIP’s Mortgage Foreclosure Res- PECO/Exelon for her outstand- cue Effort, a part of the City of ing volunteer assistance to VIP Philadelphia’s Residential Mort- clients. gage Foreclosure Diversion Pro- Tarr, assistant general counsel gram, which brings lenders and and the East Pro Bono Coordi- borrowers together to attempt a nator at PECO/Exelon, is not negotiated settlement of the fore- Amy Tarr When it comes to your Professional only a model volunteer in-house closure. She arranged for PECO Liability Insurance needs, let us counsel, but she has also taken to host 40 volunteer attorneys at find you the best policy for the on the added responsibility of recruiting VIP’s April mortgage foreclosure training; her colleagues at PECO to take the pro her leadership was crucial to ensuring that best price. bono plunge. The LawWorks project at VIP was able to effectively train these 40 We Make It Easy For You. Philadelphia VIP, which provides pro new volunteers to participate. Four of her bono legal services to nonprofits, small colleagues participated in that training Contact Us Today… businesses and homeowners, provides and are headed to court to help hom- occasional legal clinics to microentrepre- eowners remain in their homes. There Insurance Carriers we do business Contact: Ken Steiner, Insurance Broker with and their Ratings (A.M Best) neurs. Tarr has served at several of the are many obstacles to serving pro bono Email: [email protected] clinics, assisting new ventures with their clients outside the typical private law firm ACE ...... A+ Liberty ...... A Direct Line: 215-769-1120 pressing legal needs so their limited capi- structure, but Tarr has overcome them Arch ...... A Navigators ...... A tal may be used to grow their businesses. and done so with exceptional generosity Chubb ...... A++ ProAssurance ..... A In addition, she has persuaded many and good humor. Darwin ...... A St. Paul ...... A+ other in-house counsel at PECO to join For her commitment and dedication Evanston .... A Travelers ...... A+ GenStar ...... A++ Valiant ...... A- First Professional Brokerage us at these clinics. to our clients and fellow volunteers, First Class. Professional Service. Hartford ..... A Last year, Tarr embraced the idea of Philadelphia VIP offers its heartfelt ap- helping beyond the clinic setting by preciation to Amy Tarr. philadelphiabar.org July 2010 Philadelphia Bar Reporter 17 CALENDAR OF EVENTS

Note: While the following listings have been verified prior to press time, any scheduled mittee: meeting, 12 p.m., 10th floor Tuesday, July 27 event may be subject to change by the committee or section chairs. Board Room. Women in the Profession Committee: meeting, 12 p.m., 10th floor Board Monday, July 5 Family Law Section: meeting, 12 p.m., Tuesday, July 20 th Room. Lunch: $8. Independence Day: Bar Association of- 11th floor Conference Center. Lunch: Cabinet: meeting, 12 p.m., 10 floor Board Room. Criminal Justice Section: meeting, 12 fices closed. $8. th Federal Courts Committee: meeting, p.m., 11 floor Conference Center. Tuesday, July 6 Tuesday, July 13 12:30 p.m., 11th floor Conference Cen- Lunch: $8. Philadelphia Bar Foundation Board of Committee on the Legal Rights of Per- ter. Lunch: $8. Wednesday, July 28 Trustees: meeting, 12 p.m., 10th floor sons with Disabilities: meeting, 9 a.m., Delivery of Legal Services Committee Board Room. 11th floor Committee Room. Wednesday, July 21 Management Subcommittee: Criminal Justice Section Executive Bar Academy Committee: meeting, 8:30 meeting, 9 th Wednesday, July 7 th a.m., 10 floor Board Room. Committee: meeting, 12 p.m., 10th floor a.m., 10 floor Board Room. Delivery of Legal Services Committee: Medical Legal Committee: Board Room. Workers’ Compensation Section Execu- meeting, meeting, 8:30 a.m., 10th floor Board 12 p.m., 11th floor Conference Center. Compulsory Arbitration Committee: tive Committee: meeting, 10:30 a.m., Room. th meeting, 12 p.m., 11th floor Committee 11 floor Committee Room South. Lunch: $8.50. Delivery of Legal Services Committee Workers’ Compensation Section: meet- Delivery of Legal Services Committee Room South. Lunch: $8. th Civil Gideon Subcommittee: meeting, 10 ing, 12 p.m., 11th floor Conference Civil Gideon Task Force: meeting, 10 th Wednesday, July 14 a.m., 11 floor Conference Center. Center. Lunch: $8. floor Board Room. Rules and Procedure Committee: Appellate Courts Committee: meet- Language Access Task Force: meet- LegalLine: 5 p.m., 11th floor LRIS of- meet- th th th ing, 12 p.m., 10 floor Board Room. ing, 12 p.m., 10 floor Board Room. fices. ing, 12:30 p.m., 11 floor Committee Lunch: $8. Lunch: $8. Room. Intellectual Property Committee: meet- Young Lawyers Division Cabinet: meet- Friday, July 23 Thursday, July 29 ing, 12 p.m., 11th floor Committee ing, 1 p.m., 10th floor Cabinet Room. Law School Outreach Committee: meet- Lawyer Referral and Information Service Room South. Lunch: $8. ing, 12 p.m., 11th floor Conference Thursday, July 15 Committee: meeting, 12 p.m., 11th floor Chancellor’s Forum: 12 p.m., 11th floor Center. Family Law Section Executive Commit- Committee Room South. Conference Center. tee: meeting, 12 p.m., 11th floor Com- Monday, July 26 Board of Governors: meeting, 4 p.m., Thursday, July 8 mittee Room South. Young Lawyers Division Executive Com- 10th floor Board Room. th Legislative Liaison Committee: meeting, Law Practice Management Commit- mittee: meeting, 12 p.m., 10 floor Friday, July 30 12:30 p.m., 10th floor Board Room. tee: meeting, 12 p.m., 10th floor Board Board Room. Green Ribbon Task Force: meeting, Law School Outreach Committee: meet- Lunch: $8. Room. Lunch: $8. th 12 p.m., 11th floor Committee Room ing, 12 p.m., 11 floor Conference Friday, July 9 Friday, July 16 South. Center. Law School Outreach Committee: meet- Social Security Disability Benefits Com- th th ing, 12 p.m., 11 floor Conference mittee: meeting, 12 p.m., 11 floor Register online for most events at philadelphiabar.org. Unless otherwise specified, all checks Center. Conference Center. Lunch: $8. for luncheons and programs should be made payable to the Philadelphia Bar Association and Law School Outreach Committee: meet- Monday, July 12 mailed to Bar Headquarters, 1101 Market St., 11th fl., Philadelphia, PA 19107-2955. Send ing, 12 p.m., 10th floor Board Room. Business Law Section Executive Com- Bar Association-related calendar items 30 days in advance to Managing Editor, Philadelphia mittee: meeting, 12 p.m., 10th floor Monday, July 19 Bar Reporter, Philadelphia Bar Association, 1101 Market St., Philadelphia, PA 19107-2955. Board Room. Public Interest Section Executive Com- Fax: (215) 238-1159. E-mail: [email protected].

Much has been said, and more backing up. keep pressing to make it happen. Frontline undoubtedly will be said, about how The Philadelphia Bar Association continued from page 2 the project was funded. But that cannot remains dedicated to moving this effort Scott F. Cooper, a partner with Blank Rome leaders to approve funding for a unified become the only story. If we allow the decisively and deliberately forward. This LLP, is Chancellor of the Philadelphia Bar Family Court building so that shovels can desperate need for the project to get lost new facility must be up, running and Association. His e-mail address is chancellor@ at last be put into the ground. behind the focus on the funding, thou- serving Philadelphia families. We will philabar.org. An Ad Hoc Family Law Construction sands will continue to suffer in antiquated Committee of the Association featuring facilities. There is nothing inconsistent numerous stakeholders – including rep- with having people look at the funding APPELLATE LITIGATION resentatives from the courts, the District issue and urging the state to push ahead FEDERAL/STATE/CIVIL/CRIMINAL/ADMINISTRATIVE Attorney’s Office, the private bar, court with construction. reform advocates, architects and others – There is also an urgency that affects 28 Years of Successful Appellate Court Practice and Experience. was established early last year by Imme- timing. Many have correctly warned that Aggressive, comprehensive and effective appellate representation provided diate-Past Chancellor Sayde J. Ladov to we must start construction while Gover- at all levels, including federal habeas and PCRA proceedings. create a blueprint to help advance and nor Rendell is in office. His release of the Member of Bars of U.S. Supreme Court, Third Circuit, ensure the ultimate success of the project. funds and commitment to this project Pennsylvania and New Jersey Supreme Courts. In December, Philadelphia City are essential. While the next governor will Chief Staff Attorney to Chief Justice of PA (1984-88). Council adopted a resolution in support hopefully support this project, there is no Law Clerk to Justice/Chief Justsice Robert N.C. Nix, Jr. (1983-84); Chief Justice Henry X. O’Brien (1981-82). of funding for a new unified building question that the governor’s resolve has for Family Court. We applauded City helped make this happen. The current J.D., University of Pennsylvania Law School 1981. Council for its vision and leadership in high level of support and cooperation JOSEPH R. VIOLA advancing the effort to create a safe, mod- between the governor and Mayor Nutter 1900 Spruce Street | Philadelphia, PA 19103 | (215) 893-0700 | [email protected] ern and efficient facility that will benefit also cannot be undervalued. We cannot WWW.LAWYERS.COM/JRVIOLA all Philadelphia citizens. risk this momentum slowing down or

18 Philadelphia Bar Reporter July 2010 philadelphiabar.org Gaetan J. Alfano, Patricia M. Giordano a partner with Pi- of Feldman Shep- People etragallo Gordon herd Wohlgelernter Alfano Bosick & Tanner Weinstock Raspanti, LLP, has & Dodig served as been re-elected to co-moderator of the Nicole D. Galli, a Dawn M. Tan- serve as vice chair of New Jersey Asso- partner with Feld- credi, an associate the Delaware River ciation for Justice man Gale, pre- with Mattioni, Joint Toll Bridge Commission. He has Women Trial Lawyers’ Caucus educa- sented “Recipes for Ltd., has been ap- served as the Commission’s vice chair tional program “Navigating your way Success,” a program pointed president since 2007. through Medicare Set-asides, Life Care designed to give of the St. Joseph’s Plans & Medical Records” on May 12. professionals and University Law Melissa S. Johnson was recently ap- business owners Alumni Association pointed executive director for Main Line Andrew R. McReyn- real-life advice to succeed in the business for a two-year term and will also repre- Reform Temple, a large Reform Jewish olds, an associate world, on May 12. sent the law alumni on the University’s congregation located in Wynnewood, Pa. with Montgomery, National Alumni Board. McCracken, Walker Kelly Phillips Erb, a shareholder with John M. Dodig and Jason A. Daria of & Rhoads, LLP, The Erb Law Firm, PC, was a featured Sandra A. Jeskie, a partner with Duane Feldman Shepherd Wohlgelernter Tanner was a speaker at the speaker at the April 20 premiere of “An Morris LLP, has been named president Weinstock & Dodig presented “How to Pennsylvania Land Inconvenient Tax: A Documentary Film” of the International Technology Law As- Successfully Try a Dangerous Roadway Conservation Con- at Temple University. sociation. Jeskie will serve in the position Case” to the Philadelphia Trial Lawyers ference presented by the Pennsylvania for a one-year term. Association in April. Land Trust Association. Deborah R. Willig, managing partner Amber Racine, an associate with Anapol Adam T. Gusdorff, an attorney at Man- Jeffrey M. Taylor, a partner with Blank of Willig, Williams Schwartz, Weiss, Cohan, Feldman & nion Prior, LLP, recently spoke about Rome LLP, has been elected president & Davidson and Smalley, P.C., received the President’s remedies in the Orphans’ Court at the and a member of the Advisory Commit- a past Chancellor Award from the Barristers’ Association of annual meeting of the Pennsylvania Bar tee of the Middle Atlantic Chapter of of the Philadelphia Philadelphia at the group’s annual gala. Association’s Real Property, Probate and the Society of Corporate Secretaries & Bar Association, has Trust Law Section. Governance Professionals. been named a 2010 Faye Riva Cohen, principal in the Law Woman of Distinction by The Legal Intel- Office of Faye Riva Cohen, P.C., received Mary Theresa Metzler, a partner with Justice Jane Cutler Greenspan (ret.), a ligencer. the 2010 Mantua Community Improve- Ballard Spahr LLP, has been elected pres- neutral in the JAMS Philadelphia Resolu- ment Committee Valor Award for Vision ident-elect of the Philadelphia Chapter tion Center, was selected as a “Woman of Priscilla J. (Sally) Mattison, of counsel to on April 1. She conducted a seminar on of the Labor and Employment Relations Valor” by the Anti-Defamation League of Bernard M. Resnick, Esq., P.C., gave a April 16 on unemployment compensa- Association. Philadelphia. presentation titled “Independent Artists tion for Lorman Education Services and in the Digital Age: Who Gets Paid?” at appeared on 6ABC News on April 23 as Tina R. Makoulian, a partner with Ballard David N. Hofstein, a shareholder with Princeton University on April 24 as part a legal expert on employment law regard- Spahr LLP, has been elected a fellow of Hofstein Weiner & Levit, P.C., was the of a symposium on “Intellectual Property ing employees and Internet use. the American College of Real Estate moderator of the CLE program “Alimo- and the Making and Marketing of Music Lawyers. ny: Getting It, Keeping It or Getting Rid in a Digital Age.” Marc Neff, a sole practitioner, recently of It” at the American Bar Association spoke before the Annual Meeting of the Inez Markovich, a shareholder with Deeb Family Law Section’s spring meeting in Ellen C. Brotman, a partner with Mont- Pennsylvania Association of Criminal Petrakis Blum & Murphy P.C., has been New Orleans. gomery, McCracken, Walker & Rhoads, Defense Lawyers and Public Defenders named by the Philadelphia Business Jour- LLP, recently moderated a panel on “The Association on the topic of child pornog- nal to its 20th annual “40 Under 40” list. Howell K. Rosenberg, a founding partner Nationalization and Globalization raphy and other computer crimes. of Brookman, Rosenberg, Brown & of Legal Ethics and Regulation” at a Evelyn H. McCona- Sandler, has been appointed to the Dis- Symposium hosted by the Association H. Ronald Klasko, thy, a partner with ciplinary Board of the Supreme Court of of Professional Responsibility Lawyers founding partner of Montgomery, Mc- Pennsylvania. in honor of the Association’s Twentieth Klasko, Rulon, Stock Cracken, Walker & Anniversary; the Symposium was held in & Seltzer, LLP, ad- Rhoads, LLP, spoke Todd Kantorczyk, a partner with Manko, New Orleans, La. dressed the Consular at the American Gold, Katcher & Fox, LLP, has been Corps of Philadel- Intellectual Prop- appointed to the Tredyffrin Township Joseph R. Pozzuolo, Lisa A. Leggieri and phia on hot topics erty Law Association Environmental Advisory Council. Jeffrey H. Smith of Pozzuolo Rodden, and developments in Spring board and committee chairs meet- P.C. presented a series of seminars for immigration law. ing in New York in May. Neumann College CLE/CPE on estate nNames ARE NEWS planning and employment law. Abbe F. Fletman, a shareholder with Theodore Simon, principal in the Law Flaster/Greenberg PC, participated as Offices of Theodore Simon, spoke at the “People” highlights news of members’ Judge Richard B. a panel member at the American Bar 19th Annual National Seminar on the awards, honors or appointments of a community or civic nature. Information Klein, (ret.) of the Association Section of Litigation An- Federal Sentencing Guidelines held on may be sent to Jeff Lyons, Senior Manag- Dispute Resolution nual Meeting in New York on April 23. May 13-14 in St. Petersburg, Fla. ing Editor, Philadelphia Bar Reporter, Institute, was the The topic was “Asserting and Defeating Philadelphia Bar Association, 1101 Market Nancy L. Wasch course planner for Claims of Waiver.” , a partner with Archer St., 11th fl., Philadelphia, PA 19107-2955. the Pennsylvania Bar & Greiner, P.C., discussed small business Fax: (215) 238-1159. E-mail: reporter@ Institute program Wendi L. Kotzen, a partner with Ballard retirement planning at the Women’s Busi- philabar.org. Color photos are also “Winning (or Not Spahr LLP, has been elected to the Ameri- ness Forum of Bucks County in May. welcome. Losing) Your Case on Appeal” on May 5. can College of Tax Counsel. philadelphiabar.org July 2010 Philadelphia Bar Reporter 19 Bal imore. The only place o urn for la e-breaking news. From 1814.

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8029_BACVA_TwnCr_PhlBrRprt.indd 1 6/21/10 12:24 PM 20 Philadelphia Bar Reporter July 2010 philadelphiabar.org