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The Monthly Newspaper of the Philadelphia Bar Association Vol. 45, No. 4 April 2016 Attorney General Candidates Talk to the Bar

Q By Regina M. Parker recent scandals. Rafferty said he would tour all field offices and let The five candidates running for employees know that if they do Pennsylvania attorney general discussed their job, follow directives and act their qualifications and ability to restore ethically, “I will have their back.” office morale and restructure operations Shapiro’s experience running the at a Chancellor’s Forum hosted by the government in a heavily populated Philadelphia Bar Association on March county gives him relevant executive 1. The Democratic candidates included experience, he said. He will recruit Northampton County District Attor- people who want to move forward ney John M. Morganelli, Montgomery in a positive direction. Zappala County Board of Commissioners Chair credited his familiarity with much Josh Shapiro and Allegheny County of the agency’s workforce as an Photo by Thomas E. Rogers District Attorney Stephen Zappala. The opportunity to lead by example and John M. Morganelli, district attorney, Northampton County; Joe Peters, former federal Republican candidates included former Morganelli explained that he will prosecutor; Sen. John C. Rafferty Jr., Pennsylvania’s 44th Senatorial District; Josh federal prosecutor Joe Peters and Pennsyl- make leadership personnel changes Shapiro, chair, Montgomery County Board of Commissioners; and Stephen A. Zappala vania State Sen. John Rafferty. and bring in top-notch professionals. Jr., district attorney, Allegheny County; at the March 1 Chancellor’s Forum featuring the Each candidate outlined his plan to As a former federal prosecutor and candidates running for Pennsylvania attorney general. improve morale in an agency plagued by continued on page 17 Board Opposes ‘One-Size-Fits-All’ Amendments to

Workers’ Compensation Act Philadelphia Bar Association Annual Gold Sponsor Q By Thomas E. Rogers guidelines would enhance return-to- been decreasing since 2012. HB 1800 work outcomes. Evidence-based treat- purports to give injured workers the The Board of Governors unani- ment guidelines may inform a physi- ability to challenge the reasonableness In This Issue mously adopted a resolution on March cian’s care of a patient, but HB 1800 or necessity of treatment, but Pennsyl- 31 opposing House Bill 1800, which would make following such guidelines vania already sets forth well established 3 Chancellor’s Column seeks to amend the Workers’ Compensa- a requirement. The “one-size-fits-all” procedures to request Utilization Review 4 tion Act by fundamentally changing the approach places injured workers at the by employer, carrier and employee. Young Lawyers Div. delivery of medical treatment to Pennsyl- risk of losing individualized treatment HB 1800 also would task the Secre- 5 CLE Calendar vania’s injured workers by imposing sup- for their specific injuries and may reduce tary of Labor and Industry with appoint- posed evidence-based medical guidelines the number of medical providers willing ing a panel of medical providers to 10 Quick Bites in an effort to control costs. to accept workers’ compensation patients review and propose modifications to the There have been no epidemiologi- for treatment. adopted guidelines. This appointment 11 Zipcar Driving Discounts cal studies demonstrating the validity The goal of cost control is counterpro- represents an unconstitutional delegation 12 of evidence-based treatment guidelines ductive in that workers’ compensation of legislative authority to a medical body SeniorLAW Center as outlined in HB 1800, or that such rates in Pennsylvania have continued on page 17 13 Annual Bar 5K 2 Philadelphia Bar Reporter April 2016 PhiladelphiaBar.org Frontline

Editor-in-Chief Sales Tax Rises From the Dead Mary-Kate Martin (née Breslin), Esq.

Associate Editors Regina M. Parker, Esq. By Gaetan J. Alfano I frequently proclaim the being imposed on discretionary purchases, “The purchase of legal Julia Swain, Esq. importance and value of mem- services is rarely a choice.” Annie Kernicky, Esq. Lauren A. Strebel, Esq. bership in the Philadelphia Bar “People seek legal services when they are facing eviction, have Amanda Dougherty, Esq. Association. a problem on the job, are considering bankruptcy due to over- Elisa C. Advani, Esq. This Association’s ongoing whelming medical bills, are senior citizens victimized by unscru- Maureen M. Farrell, Esq. battle against the imposition of pulous contractors or are retired and want to have a simple will a sales tax on legal services in prepared to memorialize their wishes,” Regina added. Advisory Editor Molly Peckman, Esq. Pennsylvania is a perfect example “All of these essential services would have been subject to a sales of the value we deliver to our tax under Senate Bill 76,” she said. “A sales tax on legal services Director of Communications members. would diminish access to justice for people in these and other dif- and Marketing Like the Flying Dutchman, ficult circumstances.” Meredith Z. Avakian-Hardaway the ghost ship of legend that is In the above examples so well presented by my colleague, the Executive Director said to portend disaster, propos- burden on consumers is even worse when one considers that the Mark A. Tarasiewicz als for a sales tax on legal services keep materializing in the halls of business to business exemption from the proposed sales tax would the General Assembly. result in that unscrupulous contractor paying no tax on a lawyer’s The Philadelphia Bar Reporter (ISSN 1098- 5352) is published monthly and available by In the current legislative session, Senate Bill 76 proposed to fee while the victimized senior citizen would be required to pay subscription for $45 per year by the Philadel- eliminate school property taxes in Pennsylvania and replace the the sales tax. phia Bar Association, 1101 Market St., 11th lost revenue through increases in the personal income and sales In addition to the obvious competitive disadvantages for floor, Philadelphia, PA 19107-2911. Periodicals postage paid at Philadelphia, PA POSTMASTER: taxes and an expansion of the sales tax to include many profes- Pennsylvania law firms and the access to justice issues for consum- Send address changes to Philadelphia Bar Re- sional services. For the first time, most legal services would have ers, there are plenty of other reasons to oppose a sales tax on legal porter, c/o Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, PA 19107- been subject to a sales tax and law firms would have become sales services. Such a tax would jeopardize attorney-client privilege, as 2955. Telephone: (215) 238-6300. Association tax collectors for the Commonwealth. Local law firms would the provision of specific legal services to individual clients could Web site: philadelphiabar.org. Newspaper e- have been at a competitive disadvantage over firms in neighboring be open to audit by the state. mail address: [email protected]. The edi- torial and other views expressed in the Phila- states where a sales tax is not imposed on legal services. Taxing legal services would be counterproductive, as the com- delphia Bar Reporter are not necessarily those The Philadelphia Bar Association lobbied hard to convince petitive disadvantages for Pennsylvania firms would result in a loss of the Association, its officers or its members. legislators to vote against the measure. In the end, SB 76 was of jobs in this state, decreasing personal income tax revenues. Advertising rates and information are available from Don Chalphin at American Lawyer Media, defeated in the Senate by the narrowest of margins – a 24-24 tie While the meeting in Harrisburg allowed the Philadelphia 1617 JFK Boulevard, Philadelphia, PA, 19103. vote that was broken by Lt. Gov. Mike Stack’s vote against the bill. Bar Association to educate key senators in clear terms about the Telephone: (215) 557-2359 or e-mail dchal- Despite the loss, supporters of SB 76 are adamant that they will reasons for our opposition to a sales tax on legal services, we are [email protected]). reintroduce similar legislation in the next session. Recently, Sen. under no illusion that this battle is over. We fully anticipate that in David Argall, the prime sponsor of SB 76, invited the Philadel- the next legislative session, the Flying Dutchman will return in the phia Bar Association and other organizations that were vocal in form of another bill that would impose a sales tax on our clients their opposition to the bill to meet with him and other senators and place our members at a competitive disadvantage. who supported the bill in Harrisburg to discuss their positions. There is strength in membership. As the largest metropolitan Association Treasurer Regina Foley, Executive Director Mark bar association in Pennsylvania, the Philadelphia Bar Association Tarasiewicz, Director of Public and Legal Services Charles Klitsch is uniquely positioned to voice the concerns of the legal commu- Tell Us and Association lobbyist Anthony Crisci attended the meeting, nity over legislation such as SB 76 that impacts our profession and along with 21 organizations representing bankers, manufacturers, the clients we serve. What You Think! retailers, school boards and others opposed to SB 76. In addition We will continue to work diligently on behalf of our members The Philadelphia Bar Reporter wel- to Sen. Argall, supporters of the bill who attended the meet- to force any attempt to impose a sales tax on legal services back comes letters to the editors for publi- ing included Sens. Dinniman, Folmer, Scavello, Schwank and out to sea. cation. Letters should be typed. There Wagner, and representatives from the Pennsylvania Coalition of is no word limit, but editors reserve the right to condense for clarity, style Taxpayer Associations. Gaetan J. Alfano ([email protected]), partner at Pietragallo Gor- and space considerations. Letters Regina spoke on behalf of the Association. “A sales tax on don Alfano Bosick & Raspanti, LLP, is Chancellor of the Philadelphia must be signed to verify authorship, legal services would tax people at times of hardship, vulnerability Bar Association. but names will be withheld upon re- and misfortune,” she stated. Contrary to the ideal of a sales tax quest. Letters may be mailed, faxed or e-mailed to: Thomas E. Rogers, Senior Managing Editor, Philadelphia Bar Chancellor Named to Pa. Reporter, Philadelphia Bar Association, 1101 Market St., 11th floor, Philadel- Judicial Advisory Commission phia, PA 19107-2955. Phone: (215) 238-6345. Fax: (215) 238-1159. E-mail: Chancellor Gaetan J. Alfano has been named by Gov. Tom Wolf [email protected]. to join an 11-member judicial advisory commission to review the qualifications of individuals seeking nominations to fill vacancies left on the Pennsylvania Commonwealth, Superior and Supreme courts, along with Philadelphia Bar Association members Rachel E. Branson and Thomas J. Duffy. Left: Chancellor Alfano addresses guests at a luncheon in his honor hosted by the Justinian Society of Philadelphia at The Union League of Philadelphia on March 9. Photo by Mike Mountain Photography Mike by Photo

PhiladelphiaBar.org April 2016 Philadelphia Bar Reporter 3 YLD Update Consideration Needed for Young Lawyer Financial Status

By Erin E. Lamb Young lawyers are can history, surpassing the one before it, Generation X. have student loan debt that is often in the hundreds of being positioned as Eighty-six percent of millennials (the oldest of whom are thousands. Their monthly loan payment is comparable the next great philan- 35 years old) carry debt. You may be reading this think- to that of your first house’s mortgage payment, maybe thropists. The ubiquity ing that at 35 years old, you, too, had that level of debt. even your current one. Also, payments on government- of our city’s “young You bought a house and you financed it with a mort- issued loans are tied to your salary, so that the lawyer friends/young profes- gage, maybe still had some student loans and possibly a paying $250 a month as a city law clerk will find himself sionals” organizations car payment. Much of that is “good” debt made up of or herself paying double or triple in the event their salary certainly speaks to that. affordable loans that put the old hallmarks of American does the same. But young friends orga- adulthood, plus a guarantee you would do better than the Please do not dismiss the anxieties of millennials, nizations have sprung generation before you, in reach. especially if you are a member of a generation memorably up for another, simpler Many millennials are not carrying “good” debt, put- christened “The Me Generation.” If you catch yourself reason: we cannot afford ting them in a position destined to be worse off than the saying that a ticket, donation or auction item is “just” a full-priced ticket to your ball/gala/fundraiser/auction. generation before us. The bulk of our debt is wrapped $250, stop yourself, even if you secretly still believe it. Just The only way to attract us is with a discounted ticket up in student loans to pay for bloated tuitions for the as your parents marveled that you ended up in charge, and a full-court press to sell the heart and soul of the college degrees that are now necessary for even basic job so will you marvel when we inevitably end up there, too. organization. The organizations that are adjusting to this positions. Often these jobs come with salaries that cannot You will catch more flies with honey than vinegar. reality will survive. The ones that do not, will not. I con- possibly pay off our student loans. For those of us who The first step in dealing with this debt crisis, that will sider myself an active champion of legal services and civic went to law school, the same is true times two. The young affect us all, is to acknowledge its existence. institutions, and I am deeply anxious about the future of lawyer who may not able to rely on older family members these organizations. for financial help is at even more risk and is even more Erin E. Lamb ([email protected]), associate at Rawle & The largest, most diverse generation in the U.S., mil- vulnerable. Henderson LLP, is chair of the Young Lawyers Division. lennials, will be the most indebted generation in Ameri- Even “lucky” young lawyers with “big law” salaries

BAR ACADEMY Bar Academy Visits the Library Company of Philadelphia Q By Hon. A. Michael Snyder (ret.) put up by the subscribers, who became the things that they did that were neither nomic and religious perspectives has been shareholders. praiseworthy nor beloved. It is fairly safe to researched and catalogued at the Library One of the key missions of the Over the years, the Library Company say that none of these messages made for a Company. Philadelphia Bar Association Bar Acad- has become a resource for research into “Hallmark moment.” Imagine being sent In a day where we receive so much of emy is to introduce lawyers and judges the mores of American society and culture a card that told you how truly loathsome our information digitally, it is a pleasure to unique institutions in and around from the 17th to the 19th century. Many you are. to visit an institution that pays homage to Philadelphia. On March 2, approxi- of the materials are not available elsewhere; At the time of the Bar Academy’s visit, a the printed word and image. The Library mately 50 guests had an opportunity to the materials are available to the public fascinating exhibit was on display present- Company is a remarkable historical gem learn about one of the oldest and most without charge on a non-circulating basis. ing the history of fashion, both through that continues to serve the public in the unique institutions in Philadelphia, the Part of what makes the Library Com- manufacturing and retailing, in Philadel- way that Benjamin Franklin intended: for Library Company of Philadelphia. pany so unique is that the number of phia. Indeed, Philadelphia was known as the advancement and encouragement of Founded by Benjamin Franklin in shareholders has been constant since the “the Paris of the U.S.” for its leadership in intellectual curiosity through a study of 1731, the Library Company of Philadel- 18th century. To become a shareholder fashion design, manufacturing and retail- American history and culture. phia is the nation’s oldest lending library, now, one has to take a share that was previ- ing. Well into the 20th century Philadel- operated continuously since its inception ously held by another. At present, a share phia industries clothed men, women and Hon. A. Michael Snyder (ret.) (msnyder@ as a subscription library supported by its can be purchased for $200, with annual children. Images on display, combined adrdri.com), distinguished neutral at the Dispute shareholders. The Library Company was dues of $100 per year thereafter. with rare artifacts, brought this incredible Resolution Institute, is chair of the Bar Academy. created to allow the members of Franklin’s A particular greeting card custom in history to life for visitors. coterie of men of intellectual curiosity, 19th century America, represented in the African-American history is also well called the “Junto,” access to books that images collection of the Library Company, represented in the Library Company’s they could not have afforded individually. was the custom of sending a form of “anti- holdings. Scholarship related to the aboli- The books were purchased by the funds Valentine” that advised the recipient of all tionist movement, from political, eco-

4 Philadelphia Bar Reporter April 2016 PhiladelphiaBar.org APRIL CLE COURSES What Can Be Learned from Experienced Consumers of ADR Business Immigration 101 4/4/16 - 12 - 1 p.m. (1 SUB) 4/19/16 - 12:30 - 1:30 p.m. (1 SUB) Experienced “consumers” of Alternative Dispute Resolution (ADR) will explain what Mystified at how immigration law applies to your business clients? Co-presented with cases are appropriate for ADR and what cases should be litigated. This CLE program will Greenberg Traurig, LLP, this new introductory seminar addresses the ins and outs of the highlight what type of ADR (mediation, arbitration, summary jury trial) is best for what immigration processes as they relate to businesses, including compliance requirements type of dispute; as well as how to pick a mediator or arbitrator (pick individuals, go to applicable to all employers. services, etc.). Finally, the discussion will answer the question, “does ADR work to keep costs down?” This program will help mediators and arbitrators identify what practices/ Bridge the Gap habits they employ that (a) please or (b) displease their clients. 4/20/16 - 12 - 4:15 p.m. (4 ETH) - Registration closed for this date. 4/30/16 - 9 a.m. - 1:15 p.m. (4 ETH) - Seats remain available Introduction to the Mindful Practice of Law The Bridge the Gap program is intended to give all newly admitted Pennsylvania lawyers 4/5/16 - 8:30 - 9:30 a.m. (1 ETH) the “know-how” that is otherwise learned through trial and error. The Supreme Court of Alternate venue - held at Duane Morris, LLP Pennsylvania approved a rule change requiring newly admitted lawyers to complete the Join for the first program in the Business Law Section Mindfulness Series. This CLE Bridge the Gap program by their first CLE compliance deadline. This program focuses program is the introduction to “Mindfulness” in practice that promotes more effective, on key issues of ethics and professionalism that are essential for all lawyers admitted to sustainable work relationships that can positively impact your relationship with your practice law. clients, as well as the outcome of your case. Learn what the concept of mindfulness is, how it can be practiced, how it varies and how it affects a lawyer’s duty of legal Voting Rights: Where We Came From and Where We Are representation. Going 4/22/16 - 12 - 1 p.m. (1 SUB) Compensation Issues for Portfolio Companies, Start-Ups and The right to vote is core to the nation’s democratic process. From poll taxes and voter Other Entrepreneurial Organizations ID requirements to the Fifteenth Amendment granting suffrage to African-Americans and 4/7/16 - 12:30 - 1:30 p.m. (1 SUB) the Voting Rights Act of 1965, the law has both restricted and expanded people’s rights This CLE program will include a discussion of various compensation models used by and ability to vote. In light of the upcoming election, join a group of panelists on a portfolio companies, start-ups and other entrepreneurial organizations. Topics to be discussion of past, present and possible future voting rights issues locally and nationally, highlighted include: key components of typical reward packages; tax, accounting and including the Voting Rights Act, Voter ID and felon disenfranchisement. valuation issues associated with each type of reward; other advantages and disadvantages of these types of rewards; how they work together to achieve the organization’s Technology Issues for Small and Midsize Law Firms compensation goals; factors that influence these goals; as well as how entrepreneurial 4/26/16 - 12:30 - 2:30 p.m. (1 SUB/1 ETH) practices differ from broader market practices. For the solo practitioner, small, or midsize law firm, technology issues and upgrades always seem to be on the “to do” list, but never seem to get top billing. Recent ABA LEAD LAW and the Philadelphia Bar Association developments have demonstrated that every lawyer must be aware of the benefits and present a leadership-focused two-part CLE series pitfalls of the technology they and their clients regularly use. Join a panel of lawyers, - Earn up to 6 CLE credits at these in-person video courses. technology insiders and seasoned insurance professionals as they discuss what every ABA LEAD LAW is built on a belief that leadership is the foundation in every role lawyer should be considering when addressing technology and data issues, both a lawyer serves in professional life. Created to bring together the top minds and internally and for clients. leaders in the legal industry, this is an opportunity for lawyers to participate in a leader development experience designed specifically to equip them with new perspectives and practical tools in the area of lawyer leadership. Lateral Moves: Ethical and Legal Consequences of Changing Law Firms ABA Lead Law (Pt. 1): Lead Yourself - Lead Your Clients 4/27/16 - 12 - 2:15 p.m. (2 ETH) (video) First FREE CLE for Philadelphia Bar Association Members in good standing. Join for a two-hour in depth discussion of the legal and ethical obligations relating to 4/12/16 - 9 a.m. - 12 p.m. (3 SUB) lateral mobility and firm growth. This CLE program will address current ethics opinions Experienced faculty will examine what “leadership” is, and why it is so important for on point, the relevant Pennsylvania Rules of Professional Conduct, the latest case law lawyers to be skilled in managing relationships, influencing subordinates, colleagues and and best practices for the moving lawyers and their future and former law firms. leaders in the firm, as well as clients and others outside the firm.

The MAKING of A MURDERER: Juveniles, Their Brain Function ABA Lead Law (Pt. 2): Lead Your Firm - Lead Your Community and Interrogation Methods (video) 4/29/16 - 2 - 4:15 p.m. (2 SUB) 4/12/16 - 12:30 - 3:30 p.m. (3 SUB) Includes wine and cheese happy hour Experienced faculty will examine leading through conflict and crisis, a normal part of Would an innocent 16-year-old really confess to a crime he did not commit? Ripped life for a lawyer leader. In addition to taking steps to avoid crisis, the lawyer leader from the headlines of the New York Times, Wall Street Journal and People Magazine, must know how to respond to and grow through conflict and crisis. The program will the Netflix documentary series, “Making A Murderer” has been the talk of the legal highlight effective leadership of a practice group or client project. community, as well as traditional pop culture circles and social media across the country. Join for a two-hour in-depth analysis of this docuseries examining interrogation The Ins and Outs of the Pennsylvania Mechanics’ Lien Law methods of juveniles and their brain function. 4/18/16 - 3:00 - 5:15 p.m. (2 SUB) Happy hour immediately following sponsored by Rimkus Consulting Group, Inc. This CLE, hosted by the Construction Law Committee, provides a practical overview of the Mechanics’ Lien Law as it relates to commercial and residential projects, as well as leasehold interests. The presentation discusses the benefits of properly filed Mechanics’ TO REGISTER Visit the CLE page at Liens, as well as the pitfalls commonly faced by clients and lawyers in perfecting a Mechanics’ Lien on commercial, residential and leasehold interests. PhiladelphiaBar.org

For questions regarding Philadelphia Bar Association CLE, contact Director of Continuing Legal Education Tara D. Phoenix at 215-238-6349 or [email protected].

PhiladelphiaBar.org April 2016 Philadelphia Bar Reporter 5 WOmen in the prOfessiOn cOmmittee Sustaining Success for Women Lawyers n By Annie Kernicky Supreme Court used research to inform the The U.S. Supreme Court has made new develop- decision, and has contin- ments in the area of juvenile justice, recently ruling that ued to rely on that data. its 2012 decision banning mandatory life-without-parole In 2010, the Supreme sentences for juveniles convicted of murder must be Court ruled that sentenc- applied retroactively. This important decision granted a ing juvenile offenders to new opportunity to release inmates serving life sentences life without the possibil- without the possibility of parole for murders they com- ity of parole was also mitted in their youth. unconstitutional, but Marsha L. Levick, deputy director, chief counsel and only for non-homicide co-founder of the Juvenile Law Center, spoke at the crimes. Levick noted Women in the Profession Committee Meeting on Feb. that Justice Kennedy 23 to discuss the recent Montgomery v. Louisiana deci- authored the opinions sion, as well as other pressing issues impacting public and specifically discussed interest lawyers, particularly in the area of juvenile a denial of hope when justice. Not only has the litigation path for children’s juveniles are involved. rights changed tremendously in the last decade, Levick The next year, in explained, but it has travelled a similar course to that of 2011, in a decision that Photo by Thomas E. Rogers E. Thomas by Photo women’s rights, as it has moved from a protective envi- Levick believes will have Vice Chancellor Mary F. Platt (left to right); Marsha L. Levick, deputy director, chief ronment to an equal rights framework. Levick opined a far more significant counsel and founder of the Juvenile Law Center; and Jennifer S. Coatsworth, co- that the Supreme Court has delivered a “gift” to the chil- impact on the future, the chair, Women in the Profession Commmittee; at the Committee’s meeting on Feb. 23. dren’s legal community, by identifying ways that children Supreme Court ruled are different than adults, enabling children’s litigation and that a juvenile’s age is relevant to the Miranda custody came next, where the Supreme Court ruled that auto- advocacy to grow. analysis under the Fifth Amendment. Levick explained matic life sentences for juvenile offenders violated the TheMontgomery v. Louisiana decision followed a series that the J.D.B. v. North Carolina decision is influential Eighth Amendment’s ban on cruel and unusual punish- of others in the 2000s concerning penalties and sentenc- because the Supreme Court moved beyond the sentenc- ment, leading to the most recent retroactivity determina- ing of juveniles. In 2005, the Supreme Court eliminated ing arena, and expanded to other arenas where children tion. According to Levick, Justice Kennedy’s Montgomery the juvenile death penalty. According to Levick, the encounter the law. The 2012 Miller v. Alabama decision continued on page 11

WOrkers’ cOmpensatiOn sectiOn Hampton Award Luncheon April 15

Pennsylvania Secretary of State, Hon. Pedro University Charles Widger School of Law, will receive the Philadelphia, Pa. 19103. Tickets are $55 for section Cortés, will be the keynote speaker at the Workers’ Com- Irvin Stander Award. Bertil is being honored for his zeal members and $65 for non-members. pensation Section Martha Hampton Award Luncheon for administrative law as shown through his academic For more information or to register, visit Philadel- on Friday, April 15. Judge Cortés was nominated by course work, employment, internships and school activi- phiaBar.org. Gov. Tom Wolf on January 20, 2015 and confirmed by ties. the Pennsylvania Senate on June 2, 2015. He previously The Section will recognize Hon. Tina served as Secretary of the Commonwealth from 2003 to Maria Rago, Workers’ Compensation 2010. At that time, Judge Cortés was the first confirmed Office of Adjudication; Hon. Geoffrey Dlin Latino Cabinet member and the longest serving Secre- (Ret.) and Megan L. Dougherty for their tary of State in Pennsylvania history. service as co-chairs of the Section in 2015. The Section is pleased to present the 2016 Martha Additionally, in celebration of the Section’s Hampton Award to Jason Krasno, partner at Krasno, 20th anniversary, it will make a donation to Krasno and Onwudinjo. Krasno has focused his practice Community Partnership School on behalf on representing injured workers for the past 17 years and of the Section and pay tribute to all of the has distinguished himself by demonstrating extraordinary previous Section chairs since its original professionalism and exceptional advocacy. He is well- inception as a committee in 1979. known for his charitable contributions to causes involving Lastly, the Arts in the Court sub- children, animal welfare and fighting cancer. His commit- committee will unveil the latest painting ment to civility and integrity in the practice of law and in in a series of paintings commissioned to Photo courtesy of Danielle R. DeRosa Danielle courtesy of Photo his personal interactions has earned him the deep respect celebrate the 100th anniversary of the Danielle R. DeRosa, co-chair, Workers’ Compensation Section (left of his peers and the judiciary. This award commemorates Pennsylvania Workers’ Compensation Act to right); Hon. Tina Maria Rago, Workers’ Compensation Office the service, dignity, professionalism and dedication exem- through art. of Adjudication; and David Stier, program director, St. John’s plified by Hampton during her years of practice. Doors open for a pre-event reception at Hospice; at the dedication of a new truck for St. John’s Hospice on Steve Bertil, a third year law student at the Villanova 11:30 a.m. at The Logan, One Logan Square, Feb. 29.

6 Philadelphia Bar Reporter April 2016 PhiladelphiaBar.org CITY POLICY COMMITTEE Freshman City Councilmembers Outline Plans for Upcoming Terms Q By Lauren A. Strebel

A large freshman class joined the ranks of Phila- delphia City Council this term and they are ready to hit the ground running. During the City Policy Commit- tee meeting on March 7, new council members Allan Domb, Derek Green, Helen Gym, Cherelle Parker and Al Taubenberger discussed some of their initiatives on how to tackle the biggest issues facing Philadelphia today. The City of Philadelphia has one statistic that the coun- cilmembers want to expel – Philly has the highest poverty level for a big city in the U.S. One solution – increase the number of venues where small businesses can obtain loans. Green intends to talk to banks and city depositories with Photo by Thomas E. Rogers the ability provide small businesses with the capital they Councilwoman Cherelle Parker (left to right), Councilman Al Taubenberger, Councilwoman Helen Gym, need to flourish. He also wants to add public banking to Councilman Derek Green and Councilman Allan Domb at the City Policy Committee Meeting on March 7. the discussion, seeing as other jurisdictions are using this alternative to provide their small businesses with public- the council to monitor public institutions to make sure Going forward, the council intends to work within the lending opportunities. they are fulfilling their responsibilities to the public. It will constraints it is under to make smart municipal policy and It is also very important to make sure Philadelphians, also be important for the city to negotiate with the federal change the narrative. Part of changing the narrative will themselves, are employable. A program titled The Choice government in protecting homeowners’ rights. Among the involve altering the mentality about what poverty is and is Yours (TCY) is designed to provide first-time nonvio- issues with Philadelphia’s education system, presently there who bares the cost. It is a challenging dialogue and will lent felony drug offenders with an opportunity to have are 184 teacher vacancies in the school district and a short- involve spreading the wealth. The freshman councilmem- their criminal records expunged after graduating from the age of counselors and nurses. These vacancies need to be bers are ready to start the conversation. program. Since 2012, 187 participants have gone through filled so each child has the opportunity to get the attention How can the Philadelphia Bar Association help? Mem- TCY. Taubenberger highlighted Philadelphia Opportuni- they require during their schooling. bers can make their voices heard, all the way to Harris- ties Industrialization Center (OIC) that provides job train- It will be important to find sound solutions to improve burg. It is important for the Association to reach out and ing and educational programs to disadvantaged Philadel- the city’s long-term fiscal health. In doing so, there are engage in tough conversations, since there are few other phians who need help obtaining jobs or advancing in their tough issues to tackle, Parker noted, such as the pension entities that can move the needle the way lawyers and law careers. With continued support from the city, TCY and crisis. She believes in putting data-driven solutions to firms can and do. OIC can help get and keep Philadelphians employed so work. The city will also need to “expand the pie” and pos- they can contribute to the city’s growth. sibly consider additional revenue streams like the soda tax. Lauren A. Strebel ([email protected]), an associate at Gym highlighted some initiatives on her radar, such Chancellor Gaetan J. Alfano asked the councilmembers Langsam Stevens Silver & Hollaender LLP, is an associate editor as youth homelessness, oversight of public institutions, what they thought about pension by-outs. The consensus of the Philadelphia Bar Reporter. protecting homeowners and education. It is important for was that it was definitely an idea worth exploring. TO LAWYER LAWYER REFERRALS For details on placing a Lawyer to Lawyer referral ad, contact Lana Ehrlich at 215-557-2392 or [email protected].

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PhiladelphiaBar.org April 2016 Philadelphia Bar Reporter 7 LEGAL RIGHTS OF PERSONS WITH DISABILITIES COMMITTEE Helping Disabled Individuals Locate Adequate Accommodations

Q By Enrique Marquez reduction in the developer’s federal income income persons with disabilities. One of shortage of 275,466 affordable units for taxes earned for 10 years from the date the incentives includes a 130 percent basis these low-income households. However, Throughout the United States, that the qualifying housing is placed in the boost (i.e., amount of the investment for housing equipped with the necessary sup- families in the lower end of the income market. The credit is allocated to the devel- tax purposes) for supportive housing devel- port services for disabled persons are in spectrum face the difficulty of locating opment and the developer can then market opments that can translate into additional even greater need. In this fight, RHLS will adequate housing that they can afford. those credits to investors who contribute to investor contributions per development. continue to serve in the forefront to make Those same families that have one or more the project. Those contributions are used There is critical need for housing these numbers a thing of the past. disabled individuals in the household as equity in the development’s financing developments for vulnerable populations. face an even greater obstacle in locating plan. In 2013, there were 426,410 Pennsylvania Enrique Marquez (enrique.marquez@phila. adequate accommodations. One organiza- In Pennsylvania, the Pennsylvania households (families of four) living on less gov) is an assistant city solicitor for the City of tion in Pennsylvania is fighting to make Housing and Finance Agency (PHFA) is than $20,391 per year. The National Low Philadelphia. this reality easier for those families. responsible for designating the allocation Income Housing Coalition ascertained a Regional Housing Legal Services of the credits. As required by law, the (RHLS) is a non-profit law firm that pro- PHFA adopts a Qualified Assurance Plan vides services that advocate for the develop- that details the requirements and criteria FEDERAL COURTS COMMITTEE ment of affordable and safe housing for necessary for obtaining the LIHTC. underserved populations in Pennsylvania. The competition is fierce for those try- Patricia McGarvey Knebels, trial attorney, ing to obtain the credit, and in 2016 Office of the Regional Counsel, Region III, the PHFA expects to award only 40 U.S. Department of Housing and Urban applicants the benefit of the credit. The Development, spoke about her organiza- process a developer must go through tion’s work through the RHLS to the Legal in seeking the benefit of the credit is an Rights of Persons with Disabilities Com- arduous one, and it is recommended mittee at their meeting on March 1. that the developer seek the advice of ser- RHLS accomplishes this through direct vices such as those provided by RHLS. representation of non-profit developers and Another significant way RHLS is able policy change, among other remedies. A to advocate for housing developments major driver behind these developments for underserved populations is through is the Low Income Housing Tax Credit its policy work. As a result of their (LIHTC), that RHLS is able to counsel advocacy for policy change, the PHFA their clients on. The LIHTC is a federal enacted key changes to their Qualified Photo by Thomas E. Rogers tax credit program that is governed by rules Allocation Plan for the benefit of these Michael A. Morse (left) and Leslie A. Mariotti (right), co-chairs, Federal Courts at the federal and state levels and provides vulnerable populations. These changes Committee, flanking (left to right) Hon. Mark A. Kearney, U.S. District Court for the incentives to developers of affordable rental have provided incentives to designate a Eastern District of Pennsylvania; Hon. Timothy J. Savage, U.S. District Court for the Eastern District of Pennsylvania; and Hon. Mitchell S. Goldberg, U.S. District Court housing. The incentive is a dollar-for-dollar number of these credits to the lowest- for the Eastern District of Pennsylvania; at the Committee’s meeting on March 16. TO LAWYER LAWYER REFERRALS For details on placing a Lawyer to Lawyer referral ad, contact Lana Ehrlich at 215-557-2392 or [email protected].

WORKERS’ COMPENSATION REFERRALS For State Workers’ Compensation Referrals: For more information on placing a PAUL B. HIMMEL Certified Worker’s Compensation Lawyer to Lawyer referral ad, please contact 3PECIALISTs   [email protected] LANA EHRLICH at For Longshoreman and Harbor Worker Referrals: DAVID LINKER 215-557-2392 or [email protected]    [email protected]

8 Philadelphia Bar Reporter April 2016 PhiladelphiaBar.org Bar Foundation Good Sports for a Great Cause

By Steven E. Bizar “And do as adversaries do in law – strive throughout the day at the lovely Waynes- committees by playing as golf foursomes mightily, but eat and drink as friends.” borough Country Club facilities – in the or tennis teams. -William Shakespeare, The Taming of the morning, at lunch, during play and at the In all of these ways, the Foundation Shrew: Act 1, Scene 2 reception and dinner. hopes to foster a unique experience at We will also form “The Justice League” what is already an enjoyable summer One of the great benefits of mem- to amp up the level of friendly competi- charitable event. By coming together, we bership and active participation in the tion. All golf and tennis players will be can provide philanthropic support for collegial associations of our profession is part of teams in four divisions within The access to justice while nurturing friend- the opportunity to develop friendships Justice League. In conjunction with The ships and promoting greater civility among our peers and competitors. Both Legal Intelligencer, lighthearted social within our profession. the Philadelphia Bar Foundation and the media posts every week will foster col- I urge you to join us. You can register Philadelphia Bar Association promote legiality, competition and public apprecia- online for the 28th Annual Golf & Ten- collegiality and civility within our legal while maintaining a professional, courte- tion during the months leading up to the nis Classic. Visit the Foundation website community while also discharging ous and civil attitude toward all persons event itself. at www.PhilaBarFoundation.org. important public responsibilities. involved in the legal system.” In addition, Together with Chancellor Gaetan J. Thank you for your continued support The Foundation offers a yearly occa- “[a]s a public citizen, a lawyer should seek Alfano, I have invited special participa- of the Philadelphia Bar Foundation. sion where attorneys can use sports as a improvement of the law, access to the tion in the Golf & Tennis Classic from vehicle to strive mightily as adversaries legal system, the administration of justice the firms and companies associated with Steven E. Bizar (steven.bizar@dechert. and then eat and drink as friends. On and the quality of service rendered by the former Chancellors and Foundation com), a partner at Dechert LLP, is presi- Monday, June 20, 2016, the Foundation legal profession.” presidents as well as the various sections dent of the Philadelphia Bar Foundation. will host its 28th Annual Golf & Tennis Respect, dignity and courtesy are the and committees of the Association. The Classic at Waynesborough Country Club foundation of civility in our profession firms and companies will participate in Paoli, Pa. I hope you will join your as they are in good sportsmanship. Our as Hole Sponsors, while Association friends and colleagues at the golf and individual and collective reputations members will represent their sections and tennis event for Philadelphia’s legal com- in the community and the long-term munity and help support legal services for viability of the legal system should take those in need. priority over any single disputed issue. Donation Opportunity The Golf & Tennis Classic provides a This is equally true whether competing Contributing to the Philadelphia Bar Foundation shows you care about our justice fun and important way to fulfill our role on the golf course, the tennis court or in system and the assistance it provides to the community. With one contribution you as public citizens, contributing to increas- a court of law. are supporting all the public interest legal organizations in the Philadelphia area that ing access to the legal system for those in I learned about the importance of serve those who need a lawyer to help them assert their legal rights but who cannot civility when I moved to Philadelphia at need while also affording each of us an afford one. For more information, please visit www.philabarfoundation.org. opportunity to deepen relationships that the end of my fourth year of practicing can strengthen the observance of courtesy law. As a litigation associate at a large and civility within our profession. We New York law firm, civility figured cannot do these things sitting in our law far less prominently in my thinking offices or in the daily course of our labors. than crushing our clients’ adversar- ATTORNEY DISCIPLINARY / ETHICS MATTERS We must take advantage of the chance to ies. However, I recall that, after a STATEWIDE PENNSYLVANIA MATTERS come together for a fun day as friendly particularly contentious round of NO CHARGE FOR INITIAL CONSULTATION golf and tennis rivals. discovery sanctions motions, Judge Civility in the legal profession – and in Reed called all counsel into his Representation, consultation and expert testimony in disciplinary matters our society at large – has become a crucial chambers at the Federal Courthouse and matters involving ethical issues, bar admissions and subject. Inattention to this issue increases for a “sit down” and gave us a stern the Rules of Professional Conduct the risk that winning “at all costs” and lecture on what it meant to be a James C. Schwartzman, Esq. incivility will become the rule, not the lawyer practicing in Philadelphia – t
Chairman, Judicial Conduct Board of Pennsylvania exception. As stated in Pennsylvania’s the special responsibility of civility t
Former Chairman, Disciplinary Board of the Supreme Court of Code of Civility, “[t]he hallmark of an and collegiality that came with our Pennsylvania enlightened and effective system of justice positions. I have heard his words in t
Former Chairman, Continuing Legal Education Board of the Supreme is the adherence to standards of profes- my mind on many occasions since. Court of Pennsylvania sional responsibility and civility.” The Foundation has added several t
Former Chairman, Supreme Court of Pennsylvania Interest on Lawyers The Preamble to the Pennsylvania features related to these issues at this Trust Account Board Rules of Professional Conduct also year’s Golf & Tennis Classic. The day t
Former Federal Prosecutor emphasizes that, because “the legal profes- will include a CLE program, offered t
Selected by his peers as one of the top 100 Super Lawyers in Pennsylvania sion is largely self-governing,” it carries in conjunction with Philadelphia and the top 100 Super Lawyers in Philadelphia “special responsibilities.” These duties Bar Association CLE, on the topic of t
Named by his peers as Best Lawyers in America 2015 Philadelphia include “the lawyer’s obligation zealously “Attorney Ethics Found in Golf and Ethics and Professional Responsibility Law “Lawyer of the Year,” and in to protect and pursue a client’s legitimate Tennis.” Golf and tennis participants Plaintiffs and Defendants Legal Malpractice Law interests, within the bounds of the law, will also enjoy lots of networking 1818 Market Street, 29th Floor s Philadelphia, PA 19103 s (215) 751-2863

PhiladelphiaBar.org April 2016 Philadelphia Bar Reporter 9 prO BOnO spOtlight - gOOd shepherd mediatiOn prOgram Converting Conflict to Resolution in Fractious Families n By Hon. Stephanie H. Klein (ret.) brother Dickie, “Mom always liked you best,” we laughed the issues and interests and to work together in earnest to uneasily as it touched a sensitive chord in all of us, as we resolve their dispute. When I became a mediator and arbitrator after all experience deep-seated conflict with siblings, par- Mediation of elder and estate cases may increase in retiring from the judiciary, I decided not to do family law ents and other loved ones. An estate dispute may reveal the coming years as a result of a new rule issued by the cases because of many years of experience with fam- decades of hurt that pulls scabs off barely healed wounds, Pennsylvania Supreme Court. Orphans’ Court Rule 1.6 ily law. Instead I decided to focus my ADR practice on rendering communication between parties difficult or suggests that parties may mediate by agreement, or that employment, real estate, commercial and personal injury. even impossible. Failure to resolve these disputes amica- county Orphans’ Courts may provide opportunities for As a mediator, however, I became interested in elder bly may cause rancor to persist for years, even causing a parties to mediate privately or through county-supervised and estate law cases, particularly because of disputes I schism in the next generation. programs. experienced with my own family. I trained as an elder law Mediation offers the possibility of a better process than Happily, our case resolved. After a great deal of work by mediator with Good Shepherd Mediation Program, and litigation. It allows all parties a gentler non-adversarial everyone, parties started to communicate. They expressed eagerly accepted an assignment to co-mediate an estate process where all voices may be heard. Mediation is regret about the years of communication breakdown case with a more experienced mediator. confidential and can be designed to fit the parties’ needs. and estrangement. When the parties were able to reach Why mediate instead of litigate? Dockets are crowded Parties are not bound by the rules of evidence, allowing, agreement, they heaved a sigh of relief, smiled and seemed and may take months or even years to try. Judges may for example, a brother to express a decades-old jealousy to go home happy. So did my co-mediator and I – quite lack the time and patience to resolve hotly contested cases that his brother received the bicycle for Christmas he so content to resolve these challenging issues for this family that may involve small amounts of money or personal ardently desired. and put this matter to rest. property. With a skilled mediator, communication can be re- More importantly, obstacles to resolving estate disputes established, allowing parties to understand the interests Hon. Stephanie H. Klein (ret.) ([email protected]) is a may originate in decades of conflict. When the comedian and concerns that underlie the rigid positions preventing mediator and arbitrator with ADR Options, Inc. Tommy Smothers ended each comedy routine with his resolution. Airing these feelings allows parties to narrow Quick Bites Malbec Offers the Experience Minus the Overkill Editor’s Note: Quick Bites is a returning our first specialty bottle of wine ribs, melt-in-your-mouth sweetbreads, feature that will include reviews of lunch from the Mendoza region took fresh blood sausage and perfectly seasoned and dinner destinations in Philadelphia. no less than 35 minutes to arrive skirt steak. All of it, ordered “punto” or n (we wondered whether they medium rare, was excellent. Adam and By James Zwolak trekked to the South Street state I came up for air 20 minutes later fully store to acquire said bottle). The satiated. However, the ribeye ordered  second bottle we ordered 90 by another member of our party was minutes later took more than 20 not quite lukewarm; and the skirt steaks Of the many cutting-edge restau- minutes to arrive. These missteps, ordered by other members of our party rants that have recently placed Philadel- along with the fact that our water suffered from the suspected “sitting under phia squarely on the national culinary glasses were only refilled once the heat lamp” plight. We did not sample map, independent steakhouses would not during a nearly three-hour meal, any of the pasta entrees listed on the be at the forefront. Our red meat stalwarts kept us thirsty and underappreci- menu. tend to be either old-school establishments ated throughout. The house-made traditional desserts

like The Saloon, expense account chains Photo by James Zwolak However, for the most part, were not disappointing. The crepes with such as the Capital Grille, or the “eat the food largely transcended our strawberries and white cream were not until you roll out onto Chestnut Street” longtime Society Hill favorite The Artful drink disappointments, with some excel- overly sweet, and the tres leches was gluttony of Fogo De Chão. So when Dodger, was given a modest renovation lent hits and a few near misses. The beef spongy and fresh. our friend Amy chose the newly opened while retaining the Dodger’s cozy, warm empanada appetizer included subtle bits Malbec is a unique and reasonably Argentinian restaurant, Malbec, to cel- interior. of olive and egg, and Amy exclaimed “it priced addition to the Society Hill dining ebrate a major birthday, we were excited. The drink menu included a significant was a party in her mouth.” The decadent scene, but needs to address some basic Amy summarized our anticipation by array of domestic and Argentinian red Provoleta a la Parilla was a facsimile of problems with service, that hopefully can posing an old self-evident question, “Hey, wines, as well as a few specialty cocktails. the Mexican staple Queso Fundido – all be addressed over time. who doesn’t like meat?” My caipirinha – a Brazilian twist on the cheesy goodness. The Argentine chorizo And for those who do, Malbec wants to Cuban mojito - was dry and refreshing. sampler was bursting with spicy flavor. James Zwolak ([email protected]) is answer the call. Owner Miriam Porto, the If only the remaining drink situation had These were only the warm up to the a divisional deputy city solicitor for the City proprietor of Madera Cuban Grill in Long proceeded as smoothly. First, our waiter main event – meat in bulk. Amy’s hus- of Philadelphia. Island, N.Y., opened Malbec with three of balked at my wife’s request for a simple band, Adam, and I plunged into Malbec’s her New York City partners in December Boulevardier – perhaps because it was not house specialty Parrillada Argentina - a 2015. The space, the former home of on the drink menu. Far more troubling, $49 plate for two of grilled Angus short

10 Philadelphia Bar Reporter April 2016 PhiladelphiaBar.org health care refOrm update frOm usi affinity 2017 Out of Pocket Limits, New SBC Template and Supreme Court Decision n By Brian McLaughlin participants at time of enrollment. Significant penalties New York and Connecticut, also have or are develop- (up to $1,000) may be imposed for each individual who ing all payer claims databases (although reporting is on a On March 1, 2016, the Department of Health and does not receive this summary. If any material changes are voluntary basis in some states). Human Services (HHS) released cost-sharing parameters made to the document outside of renewal, the participant The Court found that Vermont’s all payer claims setting the 2017 maximum annual out-of-pocket limits must be notified 60 days prior to the effective date of the database does not apply to plans subject to ERISA. In on non-grandfathered health plans at $7,150 for self-only change. As stated in FAQ 30, the Departments intend to the majority opinion, the Court identified reporting as a coverage and $14,300 for coverage other than self-only. review the comments and finalize the new SBC template principal and essential feature of ERISA and plan admin- These limits take effect for the first plan year on or after and associated documents expeditiously (the comment istration. Vermont’s requirement that ERISA plans report Jan. 1, 2017. These limits generally apply with respect to period closed March 28, 2016). The Departments intend detailed information about the administration of benefits any essential health benefits (EHBs) offered under the that health plans and issuers that maintain an annual open amounts to a direct regulation by the state of a fundamen- group health plan. The final regulations established that enrollment period will be required to use the new SBC tal ERISA function. As such, the Court ruled such state starting in the 2016 plan year, the self-only annual limita- template and associated documents beginning on the first laws are inconsistent with the central design of ERISA tion on cost sharing applies to each individual, regardless day of the first open enrollment period that begins on or – to provide a single uniform national scheme without of whether the individual is enrolled in other than self- after April 1, 2017 with respect to coverage for plan years interference from the laws of the states. Justice Breyer only coverage, including family coverage. As a reminder, (or, in the individual market, policy years) beginning on suggested that the DOL could develop a similar reporting the 2016 maximum annual out-of-pocket limits for all or after that date. For plans and issuers that do not use an requirement to satisfy the states’ needs. non-grandfathered plans are $6,850 for self-only coverage annual open enrollment period, the new SBC template and $13,700 for coverage other than self-only. and associated documents would be required beginning Brian McLaughlin ([email protected]) on the first day of the first plan year (or, in the individual is vice president of USI Affinity’s Benefit Solutions Group. New SBC Template Implementation Announced. market, policy year) that begins on or after April 1, 2017. For more information about insurance, visit the Philadelphia Bar Association Insurance Exchange at www.usiaffinityex.com/PhiladelphiaBar. For Lawyers’ Professional Liabil- The Departments of Labor (DOL), the Internal Supreme Court Finds State Reporting Law Is Pre- ity and other business coverage, you can continue to visit the regular Philadelphia Bar Revenue Service (IRS) and Health and Human Ser- empted by ERISA. Association Insurance Program website at www.mybarinsurance.com/PhiladelphiaBar. vices (HHS) (collectively, the Departments) announced If you’d like to talk to someone about insurance and benefits options for Philadelphia Bar Association members, call USI Affinity Benefit Specialists at 1-855-874-0267. through Affordable Care Act (ACA) FAQ 30 that the new Vermont established an “all payer claims database” that Summary of Benefits and Coverage (SBC) template and requires insurers, third party administrators (TPAs) of For over 75 years, the divisions of USI Affinity have developed, marketed and admin- associated documents, published by the Departments on self funded plans, providers and government agencies to istered insurance and financial programs that offer affinity clients and their members unique advantages in coverage, price and service. As the endorsed broker of the Phila- Feb. 26, 2016, should be used for the open enrollment report data on health care costs, prices, quality and use delphia Bar Association and more than 30 other state and local bar associations and period that begins on or after April 1, 2017. As back- of services to the state to examine health care utilization, with more than 30,000 attorneys insured, USI Affinity has the experience and know-how ground, the ACA requires an SBC to be provided to plan expenditures and performance. Seventeen states, including to navigate the marketplace and design the most comprehensive and innovative insur- ance and benefits packages to fit a firm’s individual needs.

ture, susceptible to peer pressure and have the capacity to concluded by encouraging all attorneys, women and men Women in the change. alike, to pursue opportunities in the public interest com- Profession From Levick’s perspective, children have been win- munity to continue the fight for equal rights under the continued from page 6 ning on issues concerning juvenile law because courts are law. carving out ways for children that do not revert to overly v. Louisiana opinion demonstrated how strongly it is paternalistic and overly protective barriers, but let children Annie Kernicky ([email protected]), associate felt that children cannot be sentenced the same way as keep a right to counsel, a right for their voices to be heard at Flaster/Greenberg, is an associate editor of the Philadelphia adults, even for the most heinous crimes. Justice Kennedy and a right to participate in the justice system. Other Bar Reporter. said that the decision was grounded on the diminished timely issues that Levick is currently confronting include culpability of juvenile offenders, who are, he said, imma- solitary confinement and strip searches for youth. Levick Zipcar Offers Driving Discounts to Members

Philadelphia Bar Association members can now • Business day rate (7 a.m.-7 p.m.) at $59 Join today. Simply fill out the online application at Zip- receive discounted rates on Zipcar membership. This new • 24-hour day rate at $69 car.com and use the promo code PHLBAR16 to receive benefit allows members to get reduced rates on their new Zipcar includes gasoline, insurance and 180 miles. $25 in driving credit. The promo code expires April 30, or existing Zipcar memberships. With hybrids, sedans, 2016 and is good for two weeks after redemption. minivans, cargo vans and pickups available by the hour Are you already a member? Give us a call at or the day, Zipcar is a great solution to all your driving 1-866-4ZIPCAR (1-866-494-7227) and select option needs. No. 2 for account assistance, followed by option No. 1 for A member perk that keeps giving: billing. Let the agent know you would like to be added • No application fee to the Philadelphia Bar Association – Members affili- • Half-priced annual membership (only $35) ate. Alternatively, you can contact Michael McFarland Current discounted weekday rates: at [email protected] with your existing Zipcard • Discounted hourly rates starting at $8.75 number.

PhiladelphiaBar.org April 2016 Philadelphia Bar Reporter 11 2016 seniOrlaW center gala Honoring Older Americans, Heroes of Justice n By Karen C. Buck Join SeniorLAW Center to say thank you to these extraordinary leaders in the community, each over the age of 60, who continue to be inspiring in “the third age” Imagine a world without the elders of this country – those who fought of life. These are SeniorLAW Center’s 2016 6 Over 60 Award winners: bravely on foreign shores; in WWII against Nazi brutality and on other harrow- ing grounds; those who fought racism and discrimination in the civil rights, vot- • Nolan N. Atkinson, Esq. ing rights and women’s rights movements; and those who blazed trails for all of us. • Geneva A. Black Advocates who through the last half-century have helped raise their voices for justice, • Chief Justice Ronald D. Castille (ret.) for diversity and for their communities, who helped enrich the legal profession and • Robert C. Heim, Esq. the world at large. • The Honorable Sandra Mazer Moss (ret.) On Wednesday, May 4, SeniorLAW Center will honor remarkable older Ameri- • The Senior Veterans Advisory Corps cans and advocates for elder justice at the 2016 SeniorLAW Center Gala at The Crystal Tea Room, chaired by Rochelle M. Fedullo and past Chancellor William P. In 2016, these leaders will be inducted into the SeniorLAW Center Hall of Fame, Fedullo. It is a fitting reflection of our work, as SeniorLaw Center celebrates more a prestigious group of founders and enduring champions for its mission and organi- than 35 years of proudly representing, educating and advocating for over 5,000 zation: elders each year, fighting elder abuse, homelessness, exploitation and poverty. • Ronald J. Shaffer, Esq. • Paul S. Buck and Arthur R. Ciocco, VISIONaries • The Pennsylvania Supreme Court’s Elder Law Task Force - 2016 Partner of the Year

SeniorLAW Center hopes you will join to celebrate the contributions of these remarkable individuals and the work of SeniorLAW Center on May 4. For tickets and sponsorship opportunities, to honor one of the remarkable individuals above and to learn about pro bono opportunities, visit www.seniorlawcenter.org.

Karen C. Buck ([email protected]) is the executive director of the SeniorLAW Center.

12 Philadelphia Bar Reporter April 2016 PhiladelphiaBar.org PHILADELPHIA BAR ASSOCIATION 5K

Registration Open for Philadelphia Bar Association Charity 5K Run/Walk May 15

Registration is now open for team and individual May 12-13; or if you register at www.runtheday.com/ 567-2010. entries for the 37th Philadelphia Bar Association Charity registration/select_race_type/24009 by midnight on May Please encourage your friends and family to participate Run benefiting the Support Center for Child Advocates, 13. A service fee is added for online registrations. Pre- in this year’s Philadelphia Bar Association 5K Char- to be held on Sunday, May 15, 2016 at Memorial Hall registration is encouraged. The entry fee on the day of the ity Run/Walk to benefit the Support Center for Child in Fairmount Park. Online registration for individuals is event increases to $45. Advocates. now open through May 13 (www.runtheday.com) and You can register in person at the office of Caesar Rivise, 37TH ANNUAL the deadline for mail-in registration forms (download at PC, 1635 Market St., 12th Floor, Philadelphia, Pa. 19103 PHILADELPHIA BAR www.phillybarcharityrun.com) is May 5. Legal Team from May 12-13 between 9 a.m.-5 p.m. ASSOCIATION competition applications may be obtained from Michael The Philadelphia Bar Association is being joined as a Berkowitz at Caesar Rivise, PC at (215) 567-2010 or corporate level sponsor this year by FirsTrust; Buchanan [email protected]. The deadline for receiving team Ingersoll & Rooney PC; Caesar Rivise, PC; Philadelphia registrations is Friday, May 6, 2016. Runner; The Legal Intelligencer; Veritext; USI Affinity; The event includes a five-kilometer (3.1-mile) race Run the Day; and Wawa. and a five-kilometer walk. Anyone may run or walk as In addition, to date, the following law firms have signed an individual in the Open Competition. Members of on as legal sponsors: Anapol Weiss; Baker & Hostetler the Philadelphia Bar Association will be included, at no LLP; Clark Hill PLC; Cozen O’Connor; DLA Piper LLP extra charge, in the Bar Competition in addition to the (US); Drinker Biddle & Reath LLP; Feldman, Shepherd, Open Competition. There will also be a free 20-yard non- Wohlgelernter, Tanner, Weinstock & Dodig, LLP; Fox competitive dash for children 5-10 years old, sponsored Rothschild LLP; Pepper Hamilton LLP; Sandals & Asso- by Buchanan Ingersoll & Rooney PC. Registration for the ciates, P.C.; and Stevens & Lee/Griffin. Joining this year kids’ dash will be on the day of the event. as legal supporters are: Offit Kurman; and Zarwin Baum The entry fee for the Open and Bar Association DeVito Kaplan Schaer Toddy P.C. RUN/WALK Competitions is $35, if registrations are postmarked by If you would like to have your firm listed as a legal MEMORIAL HALL midnight May 5, 2016; if you register in person between sponsor or legal supporter, call Manny Pokotilow at (215) 5.15.2016

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PhiladelphiaBar.org April 2016 Philadelphia Bar Reporter 13 14 Philadelphia Bar Reporter April 2016 PhiladelphiaBar.org PNC Perspectives ‘Less Than Zero?’ Negative Interest Rate Talk Surfaces

Federal Reserve Chair Janet Yel- By Mary E. Ashenbrenner len’s congressional testimony surfaced a phrase not heard in U.S. economy circles for years: “negative interest rates.” The prospect of negative rates – when the central bank charges its depositors a fee subsidiary PNC Capital Advisors, LLC, a registered investment to hold some of their money instead of the fundamentals for consumers are solid. adviser (“PNC Capital Advisors”). Standalone custody, escrow, and directed trustee services; FDIC-insured banking paying interest on that money — is not We believe these strong fundamentals will products and services; and lending of funds are also provided as far-fetched as it once was. For this be enough to power economic growth through PNC Bank. Securities products, brokerage services, Keith and managed account advisory services are offered by PNC month’s interview, I sat down with throughout 2016. Investments LLC, a registered broker-dealer and a registered Eby, senior investment advisor with PNC investment adviser and member of FINRA and SIPC. Insurance Wealth Management® in Philadelphia, to Mary E. Ashenbrenner (mary.ashenbrenner@ products may be provided through PNC Insurance Services, LLC, a licensed insurance agency affiliate of PNC, or through discuss the possibility, as unlikely as it may pnc.com or 215-585-1041) is a senior vice licensed insurance agencies that are not affiliated with PNC; be, of below-zero interest rates in the U.S. MA: What are some other options? president with PNC Wealth Management. in either case a licensed insurance affiliate may receive compensation if you choose to purchase insurance through these programs. A decision to purchase insurance will not Mary Ashenbrenner (MA): What does it KE: There are several measures the Fed The material presented in this article is of a general nature and affect the cost or availability of other products or services does not constitute the provision by PNC Financial Services from PNC or its affiliates. PNC does not provide legal, tax, mean to have negative interest rates? could take before even considering taking Group, Inc. (“PNC”) or its affiliates of investment, legal, tax, or or accounting advice unless, with respect to tax advice, PNC rates below zero if the economic situation accounting advice to any person, or a recommendation to buy Bank has entered into a written tax services agreement. PNC Keith Eby (KE): or sell any security or adopt any investment strategy. Opinions does not provide services in any jurisdiction in which it is not Negative interest rates warranted. The fed funds rate could be expressed herein are subject to change without notice. The authorized to conduct business. PNC Bank is not registered are getting increased attention follow- cut, reversing the December 2015 increase; information was obtained from sources deemed reliable. Such as a municipal advisor under the Dodd-Frank Wall Street ing recent moves by central banks in quantitative easing — where the Fed information is not guaranteed as to its accuracy. You should Reform and Consumer Protection Act (“Act”). Investment seek the advice of an investment professional to tailor a management and related products and services provided to a Europe, Japan, Sweden, Switzerland expands its balance sheet and purchases financial plan to your particular needs. For more information, “municipal entity” or “obligated person” regarding “proceeds and Denmark to adopt them as a way to securities — could return; or the central please contact PNC at 1-888-762-6226. of municipal securities” (as such terms are defined in the Act) will be provided by PNC Capital Advisors. revitalize economic growth and increase bank could give forward guidance, sharing PNC uses the marketing names PNC Wealth Management® “PNC Wealth Management,” “Hawthorn, PNC Family Wealth,” inflation. In their simplest form, negative its thoughts on when an increase would or and Hawthorn, PNC Family Wealth® to provide investment, and “Vested Interest” are registered service marks and “PNC wealth management, and fiduciary services through its Institutional Asset Management,” “PNC Retirement Solutions,” rates would cause banks to pay to keep would not occur. Negative interest rates subsidiary, PNC Bank, National Association (“PNC Bank”), and “PNC Institutional Advisory Solutions” are service marks capital reserves at the Fed, rather than the would be an unprecedented move that which is a Member FDIC, and to provide specific fiduciary of The PNC Financial Services Group, Inc. and agency services through its subsidiary, PNC Delaware Fed paying the banks interest as it does carries many downside risks, particularly Trust Company or PNC Ohio Trust Company. PNC also uses the Investments: Not FDIC Insured. No Bank Guarantee. May Lose now. Yellen recently acknowledged that for segments of the financial system such marketing names PNC Institutional Asset ManagementSM, Value. America’s central bank was taking another as the money market industry. PNC Retirement SolutionsSM, Vested Interest®, and Insurance: Not FDIC Insured. No Bank or Federal Government PNC Institutional Advisory SolutionsSM for the various Guarantee. Not a Deposit. May Lose Value. look at below-zero rates — after previously discretionary and non-discretionary institutional investment considering them in 2010 — in an effort MA: So, you remain optimistic activities conducted through PNC Bank and through PNC’s to be prepared should the U.S. economy about the U.S. economy? falter. Although she was quick to point out that a move to negative rates is not the KE: Expectations are for con- most likely scenario. tinued growth and interest-rate APPELLATE COURTS COMMITTEE hikes, not cuts — although MA: Why would the Fed consider such a the timing of the increases bold move? may be more gradual than previously thought. Despite all KE: The goal with negative rates is to get of the turmoil we are seeing banks to make more loans to businesses in the financial markets and and consumers that, theoretically, would growing chatter about reces- stimulate economic growth and consumer sion, consumer spending — spending. the economy’s backbone — While indications point to a boost in continues to move higher. Job lending in countries that recently took growth is good, wage growth interest rates below zero, it is too early to is accelerating, lower gas prices tell whether they actually will achieve the give shoppers more money to ultimate goal of supporting economic spend, and house prices are growth. rising. Although there are drags on MA: What would it take for the Federal the U.S. economy — from the Reserve to push rates below zero? downturn in energy produc- tion, the hit to household KE: I think it would have to be an actual wealth from falling stock recession, not just slower growth — and prices, and weakness in exports that is pretty unlikely. But even if the U.S. because of the strong dollar Rogers E. Thomas by Photo Bruce P. Merenstein (left) and Kimberly A. Boyer-Cohen (right), co-chairs, Appellate did experience a recession, that would not and weak global growth — Courts Committee; with Hon. Susan Peikes Gantman, President Judge, Pennsylvania necessarily mean an automatic move to Superior Court (center, left); and Hon. Alice Beck Dubow, Pennsylvania Superior Court; at negative interest rates. the Committee’s meeting on March 23.

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16 Philadelphia Bar Reporter April 2016 PhiladelphiaBar.org Attorney General low-level nonviolent misdemeanors. Shapiro explained lot of problems with monopolizing the drug industry.” that the legislation was a good first step. However, it Peters would focus on protecting the elderly from scams Candidates needs to be taken one step further so that drug addic- as well as addressing the problem of online identity theft. continued from page 1 tion is treated as a disease instead of a crime. Zappala With 37,000 complaints received last year, Rafferty consultant, Peters explained that he could relate to other pointed to legislation recently passed in Pittsburgh as an believes that the consumer protection side of the attorney prosecutors, agents and support staff in an effort to boost example of decriminalizing small amounts of marijuana general’s office needs to be upgraded and hinted that they morale. that he hopes will keep misdemeanors down and not need more staff. On the topic of criminal justice reform, the candi- prevent individuals from finding jobs. Morganelli wants The candidates also discussed their positions on dates discussed Gov. Tom Wolf’s execution of expunge- to expand upon Wolf’s legislation and explained that defending a law if they personally believed it to be ment legislation that limits access to the records on unconstitutional. Peters and Rafferty said they would defend such a law despite their personal beliefs, while On the topic of criminal justice Shapiro, Zappala and Morganelli took the position that reform, the candidates dis- it is within the attorney general’s discretion to not defend cussed Gov. Tom Wolf’s execu- such a law. “That’s why we have three branches of gov- ernment,” Peters explained. Rafferty said that the courts tion of expungement legislation are there to determine if something is unconstitutional, that limits access to the records not the attorney general. On the other hand, Shapiro explained that if something is deemed unconstitutional, on low-level nonviolent misde- then it is the attorney general’s responsibility to turn it meanors. over to the Office of General Counsel. Zappala took the position that the attorney general has the right to not enacting “ban the box” legislation would place limits act upon a law that they believe is unconstitutional and on when employers, landlords and others could inquire Morganelli explained that to not challenge such a law is a about a job applicant’s criminal history. Peters agreed violation of the ethical rights that the attorney general has that criminal justice reform is needed and explained that as a lawyer. addiction is a health issue. “It’s not about being tough on Pennsylvania’s attorney general is responsible for pros- crime, it’s about being smart on crime,” he said. Rafferty, ecuting major crimes, including those involving drugs, who worked on the legislation signed by Wolf, wants to child predators, public corruption and consumer fraud. expand it further down the road. The office also represents state agencies in civil matters. As it relates to consumer protection, Zappala The primary election in Pennsylvania will take place on explained that the only deficiency in current consumer April 26, 2016. protection law is the anti-trust provision. The laws were originally passed to protect large businesses, so they cur- Regina M. Parker ([email protected]), an associate at rently do not have any criminal sanction for someone Thomas, Thomas & Hafer LLP, is an associate editor of the

Photo by Thomas E. Rogers E. Thomas by Photo who engages in anti-trust conduct. Morganelli would Philadelphia Bar Reporter. Board of Governors Chair Lauren P. McKenna like to look at the foreign products brought into the moderated the Chancellor’s Forum featuring the country like dangerous children’s toys. He also would candidates running for attorney general on March 1. be vigilant on prescription drugs stating that “we have a

HB 1800 unnecessary attempt to change the delivery of medical Compensation Section. continued from page 1 treatment to Pennsylvania’s injured workers. It would The Philadelphia Bar Association opposes HB 1800 alter the medical treatment review process that is and any similar legislation and will communicate its and diminishes the judicial autonomy of the Workers’ already provided for and working; and would remove position to the Governor, General Assembly and the Compensation judge as the arbitrator and final fact judicial involvement. All the reasons forming the basis public and take whatever action is necessary to effectu- finder by predetermining the credibility of medical for this proposed legislation have been invalidated and ate this resolution. evidence. Pennsylvania workers’ compensation practitioners from To view the complete resolution, visit PhiladelphiaBar. “The claimant’s and employer’s workers’ compensa- both sides of the aisle view this legislation as unnec- org. tion bars are unified in opposition to HB 1800. It is an essary,” said Eric Pearson, co-chair of the Workers’ MARCH 2016 NATURALIZATION CEREMONY Photo s by Thomas E. Rogers Left: Immediate-Past Chancellor Albert S. Dandridge III (left to right); Hon. Gerald A. McHugh, U.S. District Court for the Eastern District of Pennsylvania; and Michael J. Carroll, senior attorney, Community Legal Services, at the Naturalization Ceremony sponsored by the Philadelphia Bar Association at the Federal Courthouse on March 17. Above: New U.S. citizens take the Oath of Citizenship at the Naturalization Ceremony. One hundred one people from 41 nations became U.S. citizens at the ceremony.

PhiladelphiaBar.org April 2016 Philadelphia Bar Reporter 17 CALENDAR OF EVENTS

Note: While the following listings have been verified prior to press time, any scheduled Philadelphia. Registration: Philadel- April 22 event may be subject to change by the committee or section chairs. Lunches are $9 for mem- phiaBar.org. CLE - Voting Rights: Where We Came From bers and $15 for non-members, unless otherwise indicated. Register online for most events Social Security Disability Benefits Com- & Where We Are Going: 12 p.m., 11th at philadelphiabar.org. Unless otherwise specified, all checks for luncheons and programs mittee: meeting, 12 p.m., 11th Floor Floor Conference Center. Registration: should be made payable to the Philadelphia Bar Association and mailed to Bar Headquar- Conference Center. Lunch: $9. PhiladelphiaBar.org. ters, 1101 Market St., 11th Floor., Philadelphia, PA 19107-2955. April 18 Labor and Employment Law Committee: meeting, 12 p.m., 10th Floor Board April 4 Committee: meeting, 12 p.m., 11th Municipal Court Committee: meeting, 12 Room. Lunch: $9. CLE - What Can Be Learned From Experi- Floor Conference Center. Lunch: $9. p.m., 1339 Chestnut St., Philadelphia. enced Consumers of ADR: 12 p.m., 11th Philadelphia Lawyer Editorial Board: Criminal Justice Section: meeting, time April 25 Floor Conference Center. Registration: meeting, 12:30 p.m., 11th Floor Com- TBD, 11th Floor Conference Center. YLD Executive Committee: meeting, 12 PhiladelphiaBar.org. mittee Room South. Public Interest Executive Committee: p.m., 10th Floor Board Room. Family Law Section: meeting, 12 p.m., meeting, 12 p.m., 10th Floor Board April 11 April 26 Philadelphia Family Court, 1501 Arch Room. Civil Rights Committee: meeting, 12 p.m., Women in the Profession Committee: St., 15th Floor, Philadelphia. CLE - The Ins and Outs of the Pennsylva- 10th Floor Board Room. Lunch: $9. meeting, 12 p.m., 10th Floor Board Professional Responsibility Committee: nia Mechanics’ Lien Law: 3 p.m., 11th Room. Lunch: $9. meeting, 12:30 p.m., 10th Floor Board April 12 Floor Conference Center. Registration: CLE - Technology Issues for Small and Room. Lunch: $9. CLE - ABA Lead Law (Pt. 1): Lead Yourself PhiladelphiaBar.org. - Lead Your Clients: 9 a.m., 11th Floor Midsize Law Firms: 12:30 p.m., 11th April 5 Conference Center. Registration: Phila- April 19 Floor Conference Center. Registration: Bar Reporter Editorial Board: meeting, delphiaBar.org. Cabinet: meeting, 12 p.m., 10th Floor PhiladelphiaBar.org. 8:30 a.m., 10th Floor Board Room. CLE - ABA Lead Law (Pt. 2): Lead Your Board Room. CLE - Introduction to the Mindful Practice April 27 Firm - Lead Your Community: meeting, CLE - Business Immigration 101: 12 p.m., of Law: 8:30 a.m., Duane Morris LLP, CLE - Lateral Moves: Ethics & Legal 12:30 p.m., 11th Floor Conference 11th Floor Conference Center. Registra- 30 S. 17th St., Philadelphia. Registra- Consequences of Changing Law Firms: 12 Center. Registration: PhiladelphiaBar. tion: PhiladelphiaBar.org. tion: PhiladelphiaBar.org. p.m., 11th Floor Conference Center. org. Employee Benefits Committee: meeting, Professional Guidance Committee: meet- Registration: PhiladelphiaBar.org. Business Law Executive Committee: 12:30 p.m., 11th Floor Committee ing (members only), 12 p.m., Duane Government and Public Service Lawyers meeting, 12 p.m., Reed Smith LLP, Room South. Lunch: $9. Morris LLP, 30 S. 17th St., Philadel- Committee: meeting, 12 p.m., 10th Three Logan Square, 1717 Arch St., Education Committee of the Probate and phia. Floor Board Room. Lunch: $9. Philadelphia. Trust Law Section: meeting, 4 p.m., loca- 2016 Spring Quarterly Meeting & Recep- LGBT Rights Committee: meeting, 12 Law Firm Pro Bono Committee: meeting, tion TBD. tion: 5:30 p.m., Hyatt at the Bellevue, p.m., 11th Floor Committee Room 12 p.m., Blank Rome LLP, One Logan 200 S. Broad St., Philadelphia. Registra- April 20 South. Square, 130 N. 18th St., Philadelphia. CLE - Bridge the Gap: 12 p.m., 11th tion: PhiladelphiaBar.org. April 28 Business Law Section & YLD Speed Floor Conference Center. Registration: LRIS Committee: meeting, 12 p.m., 11th April 6 Mentoring Event: 5:30 p.m., Reed Smith Full. Floor Committee Room South. Delivery of Legal Services Committee: LLP, Three Logan Square, 1717 Arch Immigration Law Committee: meeting, Board of Governors: meeting, 4 p.m., meeting, 8:30 a.m., 10th Floor Board St., Philadelphia. Registration: Philadel- 12 p.m., 11th Floor Committee Room 10th Floor Board Room. Room. phiaBar.org. South. Lunch: $9. Commerce Court Reception: 6 p.m., The Criminal Justice Section Executive Com- April 13 Legal Line: 5 p.m., LRIS offices. mittee: meeting, 12:30 p.m., 11th Floor Westin Philadelphia, 99 S. 17th St., APABA-PA Board: meeting, 12 p.m., Committee Room South. April 21 Philadelphia. Registration: Philadel- 11th Floor Committee Room South. Family Law Section Executive Committee: phiaBar.org. April 7 Elder Law & Guardianship Committee: 12 meeting, 12 p.m., 11th Floor Commit- April 29 The Naturalization Process: Eligibility and p.m., 11th Floor Conference Center. tee Room South. CLE - The Making of a Murderer: 2 p.m., Ethics: Citizenship Day training, 12 Lunch: $9. YLD Cabinet: meeting, 12 p.m., 11th 11th Floor Conference Center. Registra- p.m., 10th Floor Board Room. Registra- April 14 Floor Committee Room. tion: PhiladelphiaBar.org. tion: PhiladelphiaBar.org. Section and Division Chairs: meeting, Giants of the Business Bar: 5:30 p.m., Real Property Executive Committee: meet- 8:30 a.m., 10th Floor Board Room. Ballard Spahr LLP, 1735 Market St., April 30 ing, 12 p.m., Ballard Spahr LLP, 1735 Foundation Board: meeting, 12 p.m., 48th Floor, Philadelphia. Registration: CLE - Bridge the Gap: 9 a.m., 11th Floor Market St., 48th Floor, Philadelphia. 10th Floor Board Room. PhiladelphiaBar.org Conference Center. Registration: Phila- CLE - Compensation Issues for Portfolio Legislative Liaision Committee: meeting, delphiaBar.org. Companies: 12:30 p.m., 11th Floor 12 p.m., 11th Floor Committee Room Conference Center. Registration: Phila- South. Lunch: $9. Send Bar Association-related calendar items 30 days in advance to Thomas E. Rogers, delphiaBar.org. Senior Managing Editor, Philadelphia Bar Reporter, Philadelphia Bar Association, 1101 April 15 April 8 Market St., Philadelphia, Pa., 19107-2955. Fax: (215) 238-1159. Email: TRogers@ Martha Hampton Award Luncheon: 11:30 Zoning, Land Use & Code Enforcement philabar.org. a.m., The Logan, One Logan Square,

18 Philadelphia Bar Reporter April 2016 PhiladelphiaBar.org People

Joseph A. Prim, for a three-year term commencing April Janiczek, McDevitt, Legal Aid Network principal of the 1, 2016. Henrich & Chold- (PLAN) Excellence Prim Law Firm, en, P.C., and Daniel Award on March 15 recently led a panel Niki T. Ingram, La Luz, associate in Harrisburg, Pa. discussion on “Im- shareholder at at Pepper Hamil- pairment Marshall Dennehey ton LLP, assisted Rating Evalua- Warner Coleman a mother partici- tions in Workers’ & Goggin, P.C., pating in Reentry Compensation Matters” for the Barbieri was named a Fellow Court to enroll her “People” highlights news of members’ Inn of Court. of the College of son in St. Malachy awards, honors or appointments of a Workers’ Com- Catholic School community or civic nature. Send news to Pamela Coyle Brecht, pensation Lawyers during the Ameri- and arranged for Thomas E. Rogers, Senior Managing Edi- partner at Pietragal- can Bar Association’s 2016 Workers’ full scholarships for tor, Philadelphia Bar Reporter, Philadel- lo Gordon Alfano Compensation Midwinter Seminar and his first and second phia Bar Association, 1101 Market St., Bosick & Raspanti, Conference, held March 11–12 in New years. 11th fl., Philadelphia, Pa., 19107-2955 LLP, will present Orleans, La. or [email protected]. at the 20th Annual Matthew D. Lee, partner at Blank Rome Compliance Insti- Anthony LLP, received the 2016 Pennsylvania tute in Las Vegas, Kyriakakis, of Nev. She will speak on “Managed Care counsel to Dilworth Fraud: Enforcement and Compliance” Paxson LLP, has Louis A. Petroni has been elected Chairman on Tuesday, April 19. joined the Board of of Montgomery McCracken Walker & Rhoads Trustees of the Uni- LLP. Petroni succeeds Richard L. Scheff, who Kathleen D. Wilkin- versity of the Arts. held the position since 2009 and led the firm son, partner at through a period of expansion in the New Wilson Elser David S. Blum, partner at Montgomery York and Philadelphia markets. Petroni has Moskowitz Edel- McCracken Walker & Rhoads LLP, was been with Montgomery McCracken for more man & Dicker LLP, presented with the Drexel University than three decades and recently served as the was appointed by Thomas R. Kline School of Law Diver- firm’s vice-chairman and executive partner, the Pennsylvania sity Award on March 2. and as co-chair of the business department. Supreme Court to Petroni worked alongside of Scheff on serve on the Board of Law Examiners Tracey McDevitt Hagan, partner at Reilly, strategic planning, client development and overall firm management.

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PhiladelphiaBar.org April 2016 Philadelphia Bar Reporter 19 FOR MORE THAN 30 YEARS, Sidney L. Gold & Associates, wage and hour, and Family and Medical Leave Act claims. P.C. has dedicated its practice to the field of employment law A boutique practice with a small-firm atmosphere, Sidney L. and civil rights litigation. The firm’s attorneys take great pride Gold & Associates provides personal attention to its clients, in serving as both aggressive and compassionate advocates who, at the same time, benefit from the experience and for victims of unlawful discrimination and harassment. As a expertise of the entire team.

result, the Martindale-Hubbell© Bar Register has certified Sidney L. Gold & Associates is proud of its skilled attorneys and Sidney L. Gold & Associates as a pre-eminent law firm in the is honored by the recognition Super Lawyers© has bestowed field of labor and employment law. More than 4,500 lawyers upon this year’s recipients. throughout Pennsylvania and New Jersey look to Sidney L. Gold & Associates to refer their clients.

With a team approach, the firm’s attorneys represent clients in all aspects of employment law litigation, including all forms of workplace discrimination, sexual harassment, wrongful termination, retaliation, whistleblower, employment contract,

20 Philadelphia Bar Reporter April 2016 PhiladelphiaBar.org