et al.: Penn Law Journal: Engineering Change at the SEC PENN LAW JOURNAL Vol. 53, N o. 1

SUMMER

Journal

2018 Penn Law

SUMMER 2018 SEC AT THE CHANGE ENGINEERING

ENGINEERING CHANGE AT THE SEC

Published by Penn Law: Legal Scholarship Repository, 2018 1 1 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1 Penn LawJournal

EDITOR Larry Teitelbaum

DESIGN Landesberg Design

CONTRIBUTING WRITERS Rick Schmitt Fredda Sacharow

PHOTOGRAPHY Charles S. Cerrone Sameer Khan Colin Lenton Stephen Voss

WEBSITE law.upenn.edu/alumni/alumnijournal/

KEEP IN TOUCH Send news and photos to the attention of the editor.

CORRECTIONS Every effort has been made to ensure accuracy. We offer our sincere apologies for any typographical errors or omissions. Please forward any corrections to the attention of:

Larry Teitelbaum Editor, Penn Law Journal University of Pennsylvania Law School 3501 Sansom Street Philadelphia, PA 19104 TELEPHONE 215 573 7182 FAX 215 573 2020 EMAIL [email protected]

CONNECT WITH PENN LAW LAW SCHOOL WEBSITE law.upenn.edu TWITTER @PennLaw FACEBOOK facebook.com/pennlaw TUMBLR pennlaw.tumblr.com

The University of Pennsylvania values diversity and seeks talented students, faculty and staff from diverse backgrounds. The University of Pennsylvania does not discriminate on the basis of race, color, sex, sexual orientation, gender identity, religion, creed, national or ethnic origin, citizenship status, age, disability, veteran status or any other legally protected class status in the administration of its admissions, financial Vol. 53, No. 1 SUMMER 2018 aid, educational or athletic programs, or other University-administered programs or in its employment practices. Questions or complaints regarding this policy should be directed to the Executive Director of the Office of Affirmative Action and Equal Opportunity Programs, Sansom Place East, 3600 Chestnut Street, Suite 228, Philadelphia, PA 19104-6106; or (215) 898-6993 (Voice) or (215) 898-7803 (TDD).

COVER: PHOTO BY STEPHEN VOSS https://scholarship.law.upenn.edu/plj/vol53/iss1/1 2 et al.: Penn Law Journal: Engineering Change at the SEC

Ashley Nicole, a Peace Corps volunteer/teacher in Benin, reprises the roles held 20 years ago by Kathy Stroker L’04, who today serves as deputy chief executive officer of the organization devoted to creating change and bringing goodwill to the world.

PHOTO: KARL JOB / U.S. EMBASSY COTONOU, BENIN

DEPARTMENTS

Letters 02 At Issue 04 In Session 06 ‌24 30 36 Precedent 42 Engineering Change Peace Corps Redux Faculty Surge Campaign 44 at the SEC Twenty years ago, Kathy Stroker With six new faculty members, Fine Print 48 It took but a year for Jay Clayton L’04 joined the Peace Corps as Penn Law bucks the national In Memoriam 70 ENG’88, L’93 to make his a volunteer. Two years ago, she trend of cutbacks, establishing Adjourned 84 presence felt as the top cop returned to her roots to help itself as a destination school of Wall Street. Not a surprise manage the fabled organization. for talented scholars. given his reputation for legal rigor (and even alchemy). Published by Penn Law: Legal Scholarship Repository, 2018 3 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1 LETTERS FROM THE DEAN PHOTO: SAMEER KHAN SAMEER PHOTO:

two years, of six of the best and brightest minds in academia — some are renowned scholars several decades into their careers, some are mid-career academics doing work that has garnered national acclaim, some are scholars on the rise. Let me introduce them to you. Herbert Hovenkamp and Beth Simmons, from the Univer- sity of Iowa and Harvard University, respectively, are Penn Integrates Knowledge Professors, an exclusive class of 22 scholars who work across disciplines and hold joint appointments at mul- tiple schools within the University. Hovenkamp is considered “the dean of antitrust law,” and Simmons is one of the world’s foremost authori- ties in international affairs. Allison K. Hoffman and David Hoffman — no AY CLAYTON ENG ’88, L’93 HAS A BIG JOB. relation — are mid-career members of the faculty No, make that an enormous job. As chairman of the who we were lucky to recruit permanently after Securities and Exchange Commission, he’s charged they served as visiting professors. Allison performs with policing U.S. capital markets. He’s responsible groundbreaking research on the far-reaching for protecting investors and encouraging prudent effects of regulation on our health care system, and capital formation. His portfolio includes overseeing David conducts innovative research that elucidates more than $82 trillion in annual securities trading the relationship between people’s behavior and on U.S. markets, over 7,300 public companies, and the law. Finally, we’ve hired two junior-level faculty 4,500 full-time employees. members: Maggie McKinley (Fond du Lac Band But as our cover story on Clayton makes clear, Ojibwe), whose pathbreaking scholarship examines he’s more than up to the task. In just one year, he’s minority representation and participation in the made several thoughtful decisions on everything lawmaking process with a focus on Congress, from public offerings to the regulation of crypto- lobbying, petitioning, and federal Indian law, Jcurrency, gaining plaudits from both sides of the and Ryan Doerfler, whose work on statutory and aisle for his almost academic approach to the job. constitutional interpretation is richly informed by As it turns out, Clayton considered an academic his studies in philosophy. career before joining Sullivan & Cromwell, where With their addition, we continue to add faculty he steered storied investment banks through the who match the quality of our students. And that is financial crisis. Indeed, we have been fortunate what will keep Penn Law at the top of its game this to have Clayton on our adjunct faculty for several year and for years to come. years, teaching a Mergers & Acquisitions course that proved immeasurably valuable to students. Today, Sincerely, our country is the beneficiary of Clayton’s service. Of course, Penn Law is fortunate as well to have a roster of faculty superstars that has been Theodore Ruger strengthened with the infusion, over the last Dean and Bernard G. Segal Professor of Law https://scholarship.law.upenn.edu/plj/vol53/iss1/12 PENN LAW JOURNAL SUMMER 2018 4 et al.: Penn Law Journal: Engineering Change at the SEC PENNLAW # Prof. @Penn Law Chris Sanchirico highlights how change in Trump tax cut plan has implications for U.S. trade, tariff fights. tinyurl.com/yczcbsbn

Check out this series of campus photos taken on May 20, 1891, showing multiple views of @Penn from College Hall: tinyurl.com/y9bydf2x

@PennLaw’s Have a little free time @marknevitt now that summer is here? discusses 3 steps @KarenSloanNLJ the US and the @lawdotcom has pulled international together a short list of community can legal-themed movies take to address the and documentaries from South China Sea the past nine months! via @just_security tinyurl.com/y8zht49u tinyurl.com/y9rhbyzw

Reading the terms of service? Who does that? “There’s a real  You should, says @PennLaw’s @HoffProf. tinyurl.com/ycxu2hf7 concern that  consumer  Could an oft-neglected clause of the First Amendment explain the administrative protection law  state? Read @MaggieMcKinley on how Congress built is basically  administrative agencies to vindicate Americans’ rights “to petition the Government being swallowed  for a redress of grievances.” tinyurl.com/y9aok758 by click-by- agree clauses.” FOLLOW @PENNLAW ON TWITTER FOR MORE DAVID HOFFMAN Professor of Law

Published PHOTOS:by Penn U.S. DEPARTMENT Law: Legal OF DEFENSE Scholarship (LEFT); UNIVERSITY Repository, OF PENNSYLVANIA (CENTER);2018 SONY PICTURES (RIGHT) 3 5 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1 AT ISSUE

The Long Road to Recovery After a 100-Year Oil Spill By Justin Ehrenwerth L’09

ON THE EVENING OF APRIL 20, 2010, AN EXPLOSION It was a devastating blow to the Gulf’s ecosystem rocked the drilling rig Deepwater Horizon located and economy which are intrinsically connected. about 50 miles off Louisiana’s coast. The resulting The Gulf’s fisheries contribute 18 percent of the fire and eventual sinking of the rig caused the nation’s seafood landings; millions of people death of 11 crew members and launched the largest recreate in our wetlands and on our beaches; and oil spill in American history. our “working coast” produces much of the energy For 87 days, the companies involved, the that fuels our national economy. federal government, and private organizations For many, this event wasn’t a stand-alone tragedy. worked to seal a well that would eventually release Rather, the oil spill was yet another challenge in a an estimated 4.9 million barrels of oil into the string of disasters facing our coastal communities. Gulf of Mexico. People and companies who rebuilt after hurricanes

https://scholarship.law.upenn.edu/plj/vol53/iss1/14 PENN LAW JOURNAL SUMMER 2018 ILLUSTRATION: DAVID POHL 6 et al.: Penn Law Journal: Engineering Change at the SEC OPINION

Katrina and Rita in 2005 and Gustav and Ike in The $20 billion in civil, criminal and natural Justin R. Ehrenwerth 2008 were just getting back on their feet. Following resource damage penalties that BP will pay over is President Deepwater Horizon, coastal communities suffered the next 14 years provide a once in a lifetime and CEO of The as wetlands and beaches were oiled, fisheries were opportunity. This represents the largest resto- Water Institute of the Gulf. He most put on hold, oil and gas moratoriums were put in ration effort in history. recently served place, and tourism and retail dried up as people Deepwater Horizon shaped my professional as the inaugural stayed away from the coast. life. I was privileged to be involved in the imme- executive director of the Gulf All of these acute disasters are underlined diate spill response, the extensive litigation, and Coast Ecosystem by another, slower moving disaster in Louisiana. ultimately administering the penalty to restore the Restoration Between 1932 and 2010, Louisiana lost more Gulf’s ecosystem and economy. Throughout this Council and previously as an than 1,800 square miles of coastal land through work, I developed a deep appreciation for world- assistant counsel sea level rise, subsidence (the gradual sinking class science that can be readily applied to pressing to the President of an area of land), canals cut by the oil and gas challenges and directly improve decision-making. in the White House Counsel’s industry, and the unintended consequences of I came to appreciate that the solutions we develop Office. an engineered environment along the Mississippi must be based not on politics, but on the best River. River levees, while necessary for flood available science with full consideration given control and navigation, starve the wetlands of to the interplay between environment, economy, needed sediment while at the same time natural and people. It’s been a great joy to work with my and man-made processes continue to eat away former dean, now president of Tulane University, at the once lush landscape. Mike Fitts, on these issues. Although Louisiana has a widely respected, As a result of this collaboration, our Institute science-based 50-year plan to address coastal recently launched a New Orleans-based Resilience restoration and protection challenges, all Lab in collaboration with Tulane University’s acknowledge that the plan won’t stop the state ByWater Institute, the Rockefeller Foundation’s from getting smaller and exposing more people Resilience Accelerator and Columbia University’s to risk. Hard choices need to be made and Center for Resilient Cities and Landscapes. thoughtful adaptation is a must. This partnership will enhance linkages between Talk of coastal resiliency really took off after Louisiana and New York through the sharing hurricanes Katrina and Rita, but the Deepwater solutions and lessons learned in the aftermaths Horizon disaster highlighted that sustainability of Hurricanes Katrina and Rita and Superstorm can’t just be a matter of building better levees or Sandy. Through connections with experts around wetland restoration projects. Instead, the oil spill the world, the Resilience Lab will also provide a highlighted the urgent need for the development vehicle to export the vast knowledge Louisiana of better resilience and sustainability tools that gains, and the implementable tools it will develop, take into account not only better flood protection, to coastal communities everywhere. but also the needs of people and economies Disaster after disaster, hurricane after hurricane, within our coastal zones. and punch after punch, Louisiana residents have A number of organizations, foundations, picked themselves up and got themselves ready for universities, and individuals have been working the next round. The Deepwater Horizon disaster hard to build upon the growing resilience portfolio was no exception, other than this time a settlement Louisiana has developed through generations of will provide billions for restoration activities. The living with water. However, much of the work has needs facing our coastal communities far surpass been in planning, non-applicable research, or in this amount, so it is imperative that smart and pilot projects that focus on one community but do coordinated investments are made in improving little for the resiliency of the coast as a whole. community resilience rather than using the money for “random acts of restoration.”

Published by Penn Law: Legal Scholarship Repository, 2018 5 7 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

IN SESSNEWS & EVENTS ION

Justice Ginsburg Issues Opinions on Women’s Rights, Away from the Court

Justice Ruth Bader Ginsburg reveal­ ed a long-closeted revelation: She too had been the victim of sexual harassment. She said a teaching assistant at Cornell offered her a chemistry practice exam the day before the test presumably in exchange for sexual favors. “I confronted him and said how dare you do this,” recalled Justice Ginsburg, who said the incident would be recognizable to many women of her era. Justice Ginsburg recounted this episode during a sit down at the National Constitution Center with her friend Jeffrey Rosen, president and chief executive officer of the NCC. Earlier in the day she took questions from students at Penn Law. Both events were part of her East Coast excursion to law schools on the heels of a new documentary about her life. Her story connected Justice Ginsburg to the current #MeToo movement. “The number of women who have come forward … has been PHOTO: MONA LEE / THE DAILY PENNSYLVANIAN https://scholarship.law.upenn.edu/plj/vol53/iss1/16 PENN LAW JOURNAL SUMMER 2018 8 et al.: Penn Law Journal: Engineering Change at the SEC

WE HAVEN’T REACHED

astonishing. My hope is not just NIRVANA, BUT THE that it is here to stay but that it as effective for the woman who works PROGRESS WE HAVE as a maid in the hotel as it is for Hollywood stars.” MADE HAS ME HOPEFUL Justice Ginsburg, who has become a feminist cult figure known FOR THE FUTURE.” as the Notorious RBG, drew 700 JUSTICE RUTH BADER GINSBURG people to the NCC for the annual Owen J. Roberts Memorial Lecture in Constitutional Law. The audi- ence sat rapt as Justice Ginsburg addressed several topics, including care. Ginsburg said when she was in equal rights for women and partial birth abortion, Roe. v. Wade, in her last year at Columbia Law assessed her juris­prudential impact and equal pay for women. Abortion School, there was only one day care in celebration of her 25 years on should be treated like any other center in the area who could watch the Supreme Court. The panel health care decision, said Justice her daughter. Years later, when her included Marcia Greenberger L’70, Ginsburg, who mused that if a more daughter taught at Columbia, there founder and co-president, National conservative court overturns Roe v. were more than two dozen day care ­Women’s Law Center; Dalia Lith- Wade it would make little difference centers available. wick, senior editor, Slate magazine to affluent women who can afford She went on to recount how and host of the podcast Amicus; abortions, or to states such as New there were no women on the federal Serena Mayeri, professor of law and York that permit first-trimester appellate bench when she gradu- history, Penn Law School; The Hon. abortions and are unlikely to turn ated from law school. Today, there John Owens, U.S. Court of Appeals back the clock. She also said she’d are approximately 170 women on for the Ninth Circuit; and The Hon. like to see the ban lifted on partial federal appeals courts and three Jed S. Rakoff, senior U.S. District birth abortions, reasoning that women on the Supreme Court. Judge of the U.S. District Court for some women have no other choice. Asked what the right number on the Southern District of New York. On equal pay, Justice Ginsburg the Court would be, she replied nine. Panelists feted Justice Ginsburg talked about how the Lily Ledbetter Justice Ginsburg said she took for bringing heightened scrutiny to case forced the issue to the forefront. heart in the political change on the sexual discrimination via a Supreme The case involved a female manager horizon, with more women than Court case, for which she wrote at a Goodyear tire plant who filed ever seeking office in 2018 at every the majority opinion, that ordered a discrimination suit after learning level — federal, state and local. Virginia Military Institute to open that she earned less than her male “The changes I have seen in my its doors to female cadets; for pro- counterparts. The Supreme Court lifetime have been enormous,” the moting egalitarian marriage; and dismissed her suit because it hadn’t Justice said. “Of course, we haven’t for her precision in structuring an been filed in time, drawing a dissent reached nirvana, but the progress architecture that changed the way from Justice Ginsburg. (Congress we have made has me hopeful for society thinks about gender rights passed the Lily Ledbetter Fair Pay the future.” and gender law. Act in 2009. The legislation allows Her advice to millennials: stay It was left to Lithwick to­correct workers who face pay discrimina- engaged and appreciate the values the mythology that has grown tion to seek redress under federal on which the nation was founded. around Justice Ginsburg, who, she anti-discrimination laws.) Earlier in the day, in the Fitts said, is more of an “institutionalist” Justice Ginsburg also said the Auditorium at Penn Law School, a and “tactician” than the common time has come for women and men distinguished panel discussed Jus- view of her as a “fiery … feminist to share responsibility for child tice Ginsburg’s role as a trailblazer radical on the Court.”

Published by Penn Law: Legal Scholarship Repository, 2018 7 9 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

Ta-Nehisi Coates Talks Fame, Race, and Politics

At a highly anticipated event, author Ta-Nehisi Coates addressed a packed audience at Irvine Auditorium as he spoke about writing, fame, race, and politics in America. The event, co-hosted by Penn Law and the University of Pennsyl- vania Center for Africana Studies, brought Coates to campus as part of the Honorable A. Leon Higgin- botham Memorial Lecture series. Coates, a nationally acclaimed author and national correspondent at The Atlantic, spent an hour in conversation with Penn’s Camille Charles, who is the Walter H. and Leonore C. Annenberg Professor in the Social Sciences, Professor of Sociology, Africana Studies & Education; and director of the Center for Africana Studies. Much of the evening’s discus- sion centered on Coates’ writing, from his 2015 book Between the World and Me to his most recent publication, We Were Eight Years in Power: An American Tragedy. The latter collection of essays, written during the Obama era, covers a variety of topics related to black politics and the Obama adminis- tration, such as reparations, mass incarceration, the Civil War, and Malcolm X. On stage, Coates praised the be a TV show,” he said. “(But) half accomplishments such as receiving Obamas as an exemplary First of the opposition party said that In his book, the 2015 MacArthur Fellowship We Were Eight Family, saying that nobody else man is not American, and that Years in Power, and the 2015 National Book Award, threatened racist notions about woman is not actually a woman. It Ta-Nehisi Coates Coates said the accolades defined African Americans more than they exposes the rank hypocrisy. They meditates on him in a way that made him a range of did. However, he also used them don’t dislike you because you don’t African-American “uncomfortable,”­ and compared as an example to illustrate how (fit) their values. They dislike you issues in the publishing Between the World and racism is still a continuous hurdle because of who you are.” context of the Me, which addresses the experience Obama years. in America. On the topic of fame, Coates of growing up black in America, to “Two black Ivy League-trained painted a somber image of his getting punched in the face as a kid. lawyers with two beautiful kids personal loss of innocence since “It was so much,” Coates said. and a grandmother that lives with catapulting into the public eye a “Everybody had an opinion. I had them, a dog named Bo — this could few years ago. After racking up to get rid of my Facebook.”

https://scholarship.law.upenn.edu/plj/vol53/iss1/18 PENN LAW JOURNAL SUMMER 2018 10 et al.: Penn Law Journal: Engineering Change at the SEC NEWS & EVENTS

Two-State Solution said the time is right for re-starting She said Israel can’t exist as an Requires Political Courage, talks. “There is an opportunity now,” apartheid state, which is anti-dem- Israeli Leader Says she said. “We have more pragmatic ocratic and an affront to the Jewish Sunni states, those who understand value of “Love Thy Neighbor.” Either Against all odds, former Israeli that Israel is not the enemy anymore.” Israel must provide equal rights diplomat Tzipi Livni remains com- During a question and answer to millions of Palestinians living mitted to a two-state solution in the session, she said that Arab states within its borders or give up land in Middle East and believes there is are more concerned about the exchange for peace. “It’s not about an opening for peace. activities of Iran and Hamas than whose cause is more just. It’s about “Not everything is a zero sum about Israel. Both the Palestinians finding a solution,” Livni said. game,” Livni told students and and the Israelis would benefit from Livni acknowledged the chal- alumni during her Global Distin- Arab engagement in the peace lenges. “The Jewish people have a guished Lecture at Penn Law School. process. Striking an agreement right to a state of their own. And the “Nobody needs to choose whether he with Arab buy-in, she said, would Palestinians cannot say they have a is pro-Palestinian and anti-Israeli be tantamount to making peace right to a state of their own but we or pro-Israeli and anti-Palestinian. with much of the Arab world, and don’t. They have to choose.” You can be pro-peace and represent this would change Israel’s strategic The price for inaction is greater mostly the interests of both sides.” position in the region. than the political price leaders would Livni, a member of the Knesset The peace process has been pay for an agreement, she said, add- who conducted several rounds of moribund for several years. Livni ing that both countries need leaders peace negotiations with the Pal- said polls consistently show that a who recognize that “maybe this is estinian Liberation Organization majority of Israelis support a two- the last chance for peace.” while minister of foreign affairs, state solution.

PHOTO: URIEL SINAI / GETTY

Tzipi Livni holds out hope for what she calls “the last chance for peace” in the Middle East. Livni, a member of the Knesset, is the former Israeli minister of foreign affairs.

Published by Penn Law: Legal Scholarship Repository, 2018 9 11 https://scholarship.law.upenn.edu/plj/vol53/iss1/1 10 PENN LAW JOURNALSUMMER 2018 Green for Less Card a Green Getting

SERVICE

Penn LawJournal,Vol.53,Iss.1[2018],Art. 12 et al.: Penn Law Journal: Engineering Change at the SEC NEWS & EVENTS

eremy‌ Peskin L’13 CAN CREDIT LOVE — specifically, his blooming relation- ship with a Penn Medicine student during his third year of law school — for the success of his new business, which helps immigrants and lawyers with the American green card appli- emerged and the two of them seized it, figuring cation process. out a way to reduce the paperwork for immigration Peskin, a Toronto native, attended lawyers and help immigrants who can’t afford Penn Law because he wanted to learn the steep $2,000 to $5,000 cost for green card more about corporate tax law after applications. working in Morgan Stanley’s global capital markets In October 2016, Peskin and Pittman launched group in New York. Before that, he had been in the two web applications: Borderwise, which immi- United States on a student visa when he attended grants use to prepare immigration applications Emory University. on their home computers, and Docketwise, which After graduating from Penn Law, Peskin, then immigration lawyers use to manage their practices. on a work visa and engaged to Sara Manning GR’13, Lawyers buy Docketwise through a monthly sub- M’15, worked at Proskauer Rose in New York. scription; immigrants pay $500 to use Borderwise At the same time, he discovered a love for software at home. Borderwise keeps $200 and the remaining coding and developed a grant-funded startup $300 goes to the immigration attorneys who review called MatchMe, which is a site that organizes the forms for their clients. crowdfunding for nonprofits. In February 2017, the duo made a radical move: In 2015, he married his American girlfriend. they began offering the immigrant program for Upon the happy nuptials, Peskin had two realiza- $1 to applicants with less than $30,000 in annual tions: he needed to apply for a green card, and, with income. “The travel ban pushed us into action, a fresh start in Philadelphia where Manning would that was sort of the final straw,” Peskin said. In the complete her medical residency, he wanted to work following two months, more than 700 immigrants for a technology startup rather than a law firm. started preparing applications on Borderwise, It all came together when he sat down in front and that number has continued to grow. Peskin of his computer to apply for a green card. “I was said the offer will be available in perpetuity, as he looking for an opportunity, and in the quagmire of and Pittman build a larger network of pro bono applying for my green card, I found it,” Peskin said. immigration lawyers. As a tax lawyer, Peskin had been confident Attorneys who work with Borderwise assist he’d be able to handle the legal process as there in all facets of the immigration process. Initially, are similarities between tax and immigration law. Borderwise helped immigrants secure green cards He soon realized that accurately completing the through family sponsorships but now also assists complicated forms — which can comprise about with naturalization applications. Peskin hopes to a dozen different forms and about 40 pages of expand services to fiancé sponsorship and employ- paperwork — was going to take too long to do ment-based green card applications by September. without an immigration lawyer. To date, more than 100,000 applications have been He hired James Pittman, an attorney who for prepared across Borderwise and Docketwise. the next six months guided Peskin through the The $1 dollar promotion led to a storm of media process. During that time, a business opportunity coverage, which was a coup for business and a benefit to immigrants who did not know about Borderwise. It also generated offers of help from a wide range of people, including an Iraqi refugee, Philadelphia’s chief data officer, and a number of attorneys. “We really got the feeling that the community was support- ing us and loving what we were doing,” Peskin said, “and that really meant a lot to us.”

Published by Penn Law: Legal Scholarship Repository, 2018 PHOTO: COLIN LENTON 11 13 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

The Office of Congressional Ethics is a non-partisan, independent office tasked with reviewing allegations of misconduct against members of the U.S. House of Representatives and their staff.

PHOTO: DKFIELDING / GETTY

The Path from Law School to Government Ethics Investigator

Whether investigating a member Established by House resolution of Congress engaged in campaign in 2008, the OCE is a non-partisan, OUR WORK CAN finance fraud or looking into a lavish independent office tasked with junket abroad attended by nine law- aiding the U.S. House of Representa- TOUCH ON MANY makers, paid for by a host country’s tives in upholding ethical standards state-owned oil company, the Office by investigating allegations of mis- DIFFERENT of Congressional Ethics (OCE) is conduct against members, staff, or the U.S. House of Representatives’ officers of the House. With a staff SUBJECTS … independent watchdog. of 10 and a budget of $1.6 million, But as 2017 began, the OCE was the office is the sole independent nearly shuttered. In early January enforcer of ethics in Congress. ONE OF THE GREAT of this year, before then-Presi - “One of the great things about dent-elect Donald Trump formally this job is the diversity of issues that THINGS ABOUT assumed office, House Republi- we come across,” said Helen Eisner cans pushed to erode the OCE’s L’12, an investigative counsel at OCE. THIS JOB IS THE autonomy, but drew rebuke from “The more typical cases we deal with grassroots organi­zations, some are in traditional areas of ethics law DIVERSITY OF lawmakers, and even Trump him- that many people think of: conflict self. On Twitter, Trump urged the of interest, gifts, issues of foreign ISSUES THAT WE representatives to reconsider travel, financial disclosures. But our their priorities. The lawmakers work can touch on many different COME ACROSS.” reversed course and the proposal subjects, like campaign finance, HELEN EISNER L’12 was scrapped. misconduct involving members Investigative Counsel at the Office of Congressional Ethics https://scholarship.law.upenn.edu/plj/vol53/iss1/112 PENN LAW JOURNAL SUMMER 2018 14 et al.: Penn Law Journal: Engineering Change at the SEC NEWS & EVENTS

of Congress, or employment law, at the OCE. “I loved the class and curriculum to make sure it worked disputes that are outside of that he became a mentor to me,” she for this opportunity.” typical scope of gifts and financial said of Payne. “My 3L year, I asked Interning at the OCE was a disclosure.” him if it would be a possibility to hands-on experience, Eisner The nature of her work varies. come down to Washington and recalled. “It’s such a small office “Some days I am behind a desk intern at the office. He connected and I directly jumped into cases — conducting research or writing me to the chief counsel there, Omar I had just taken Kedric’s class and reports, other days I am on the road Ashmawy.” I was able to apply all of the topics interviewing witnesses.” Some cases Then, Eisner contacted Professor that we’d talked about directly to may involve just a few witnesses, Louis Rulli, the director of Penn important cases that were live and other cases dozens. “It depends Law’s Gittis Center for Clinical Legal ongoing.” on the facts,” she explained, “and Studies. Rulli also directs the Legis- “Helen’s work at the OCE is I’m always reaching out to third lative Clinic, which is unique among an inspiration for our students parties, sometimes talking with law schools in that students take a interested in pursuing careers in people in politics but also people semester-long seminar that also gov­ern­ment, ethics law, and public who aren’t connected in any way to involves traveling to Washington, integrity,” said Neta Borshansky, Washington, D.C., that is, private D.C. twice a week to work on Capitol director of the Leo Model Foun- citizens, people in business. Wit- Hill. However, at the time, students dation Government Service and nesses come in all shapes and sizes.” typically worked on House or Senate Public Affairs Initiative at Penn Before assuming her role of committees. Law. “Her career path also serves Investigative Counsel at OCE, Eisner “I asked Professor Rulli if I would as an excellent example of the was an Attorney Advisor for the be able to participate in the intern- unique way Penn Law prepares executive branch’s Office of Govern- ship as a part of the Legislative Clinic. its students for fulfilling public ment Ethics. She began her career at It’s a non-traditional path, it’s rare for service employment.” Wiley Rein LLP in Washington, D.C. me even now, talking to law students, Eisner’s path to becoming an to come across somebody who wants investigator and ethics lawyer began to do investigative work and really at Penn Law, as a second-year stu- has that opportunity during law dent when she enrolled in Political school. But he said, okay, we can Law taught by Kedric Payne L’01, at work with that, we’ll let this be a part the time the deputy chief counsel of the Clinic, and they adapted the Prior to 1979, there was no such thing as a three-point shot in the NBA. But things change. Bill Koenig L’87 is the man in charge of managing changes to the media landscape for the National Basketball Association. He described the league’s efforts to integrate into new platforms such as Amazon, Apple, Facebook and Google while it works to refresh the production on traditional cable networks. Here Koenig, president of Global Media Content Distribution for the NBA, engages in conversation with a student following his Law & Entrepreneurship Lecture sponsored by Penn Law’s Institute for Law & Economics.

Published by Penn Law: Legal Scholarship Repository, 2018 13 15 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1 DISCOVERY

Last Rites for NAFTA?

AS THE FORMER PRESIDENT of Mexico (1994–2000) and current director of the Yale Center for the Study of Globalization, Ernesto Zedillo is well-versed on the pros and cons of free trade and interdependence. Earlier this year, Zedillo visited Penn Law to deliver the Leon C. and June W. Holt Lecture in International Law, during which he expressed concerns about the survival of the North American Free Trade Agreement (NAFTA). A few months later, we asked him for his assessment. He remains pessimistic.

https://scholarship.law.upenn.edu/plj/vol53/iss1/114 PENN LAW JOURNAL SUMMER 2018 16 et al.: Penn Law Journal: Engineering Change at the SEC NEWS & EVENTS

What leads you to believe that What would be the consequences the U.S. will abandon NAFTA? for the rest of the world? Most of the premises and Other things being equal, the objectives for the NAFTA renego- termination of NAFTA would erode tiation submitted by the Trump the competitiveness of Mexican administration are fallacious and and Canadian companies in the inconsistent with the standard U.S. market without necessarily objectives of any reasonable free enhancing the domestic com- trade agreement. This leads me petitiveness of U.S. companies. to believe that unless the Mex- Exporters from other parts of the ican and Canadian negotiators world will try to increase their accept conditions in a renego- market share in the U.S. market tiated NAFTA that clearly would and actually in other markets betray the objectives of fostering because without NAFTA, American trade and investment among companies would become less, the three partners embraced in not more, competitive in global the existing agreement, unfortu- markets. There is a risk that if nately it is likely that NAFTA will these unintended consequences cease to exist. soon materialize and become evi- dent for the U.S. government, this What did you mean when you said may opt for additional rounds of this abandonment would not be protectionism that clearly would an “economic tragedy” for the U.S., be to the detriment of all involved. Canada and Mexico? What needs to happen for the The extinction of NAFTA will be damaging to the three econo- global economy to truly rebound mies for sure. However, as long from the financial crisis? as trade among the three part- The global economy at last recov- ners continues to abide by the ered from the global financial WTO’s rules and applied tariffs, crisis to the extent that for the the disruption would not be cat- first time since it happened all astrophic. For example, if the U.S. the major economies in the Mexican WTO President respects its commitments, world were expanding simultane- Ernesto Zedillo Mexico would still be able to ously at the end of 2017 and the during NAFTA export to that important market beginning of this year. However, (North American MFN Free Trade) at (most-favored nation) there are questions on whether agreement in tariffs which are higher than this good moment can be sus- Washington. NAFTA’s but not dramatically so. tained for too long in light of the Mexico could deepen its internal disruption that could be brought reforms to compensate for this about by shocks such as a rapid damage and remain competitive emergence of protectionism and in the U.S. market in those geopolitical conflict. There are products in which it presently also doubts about the medium- has a comparative advantage. and long-term consequences of the fiscal policies being adopted in countries such as the United States. Historically, large fiscal deficits have led to large current account deficits and rather sooner than later these have proven troublesome.

PublishedPHOTO: by Penn LARRY DOWNING Law: /Legal GETTY Scholarship Repository, 2018 15 17 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

Christel said. “It has been a signif- icant highlight for our family.” Education, she said, has been an important cornerstone in our family starting with her father, Donald Ford, who was the first family member to attend college. Chelsea noted that she has long admired her mother, who founded her own firm, the Law Office of Chris- tel Ford Berry, LLC, a real estate and estate planning practice and Ford Berry Associates, LLC, a financial planning firm in Hartford, Conn. “My mother was definitely the foundation for my interest in the law,” she said. “She is such a respected figure in our community, and people have always come to her for advice — and that inspired me to learn more about the practice of law.” Chelsea participated in pre-law societies as a Penn undergraduate Christel and and cemented her desire to pursue Chelsea Berry (left) revel in a law career after working as a legal historic moment. assistant in litigation at Sullivan & Cromwell. Currently, she’s a first Hugs Give Way to History worked so diligently and to see her year associate focusing on mergers as Christel and Chelsea graduate was such a milestone. It and acquisitions at Weil, Gotshal & Berry Recognized as was absolutely one of the proudest Manges LLP in Manhattan. First African-American and most rewarding moments of Through all of her pursuits, Mother and Daughter to my life.” Chelsea said her mom has been a Graduate from Penn Law At the time, neither realized their steadfast cheerleader and source hug was more than a poignant scene: of wisdom. Amidst the ornate columns and the two were making history as the One of the best lessons she’s gilded box seats of the Academy of first African-American mother and learned from her mother is the Music in Philadelphia, Penn Law daughter to graduate from Penn importance of communication. Dean Ted Ruger called Chelsea Law School. “She’s taught me it’s one thing to be Berry’s C’12, L’17 name. “From what others have told me, it astute and another to communicate Christel Ford Berry L’79, PAR’02, was a true moment in the ceremony your thoughts effectively, and that’s PAR’12, also donning the hooded where you could actually witness where I strive to be like her. My mom black cap and gown of Penn Law the torch being extended to the next also preaches the importance of alumni, waited across the stage with generation,” Christel said. staying true to your values. Those her daughter’s diploma. Chelsea said she hadn’t given the words of wisdom have always been “Walking toward her on stage idea of being the first African-Amer- effective for me.” At graduation, was such a memorable moment,” ican mother and daughter alumni Chelsea was awarded the Henry C. Chelsea recalled. much thought until she was onstage Loughlin Prize for the best paper But first, an embrace. and noticed her mom was the only on legal ethics. “When she came across the stage, person of color present among Both Chelsea and her mom that was the crème de la crème,” alumni parents. would like to see more students of Christel said. “I was overwhelmed “The fact that we made history in color, especially women, graduating with immense pride and joy. Chelsea 2017 is both sobering and empow- from law school. Christel said fellow has been extremely focused on her ering. The recognition of our place African-American mentors were education from an early age. She in Penn Law history is awesome,” instrumental in success for both https://scholarship.law.upenn.edu/plj/vol53/iss1/116 PENN LAW JOURNAL SUMMER 2018 18 et al.: Penn Law Journal: Engineering Change at the SEC NEWS & EVENTS

of them, and that they in turn have Penn Law students receive As a fellow, Pak will work with mentored others. Noted Christel: “It Skadden Fellowships Michigan Community Resources, really has been a gift and a blessing where he will provide transactional to have shared this journey with Two Penn Law students, Albert Pak legal services to low-income entre- Chelsea. From the long days and L’18 and Jayme Wiebold L’18, have preneurs and small businesses in nights of study, to the deeper con- been awarded Skadden Fellowships Detroit neighborhoods to support versations about the law and various to pursue work in the public interest. economic revitalization. career paths that the law affords. It These highly competitive postgrad- For her fellowship, Wiebold will is bonding on another level. We can uate fellowships fund two years of join Iowa Legal Aid to represent always meet at The Goat!” work providing legal services to low-income Iowans experiencing Chelsea isn’t taking her experi- the poor, the elderly, the homeless, legal problems as a result of vehi- ence for granted. “For my mom to the disabled, and those deprived of cle ownership. She will focus on have blazed the trail, so that I can their civil or human rights. serving clients who are particularly commence my career at Weil, I feel “We are grateful to the Skadden vulnerable to predatory lenders or very thankful, and I’m honored to Foundation for a program that who have been sold cars that need continue in that legacy.” launches so many public interest significant repairs. careers,” said Arlene Rivera Fin- The Skadden Fellowships were kelstein, Associate Dean for Public created in 1988, and — with the Interest Programs and Executive addition of the newest class — 820 Director of the Toll Public Inter- law school graduates have been est Center. “These fellowships are named fellows. extremely competitive, and we are Penn Law is committed to sup- so proud of Jayme and Albert for porting students as they launch During a visit to their well-deserved success in the careers in the public interest. In Penn Law, Democrat fellowship process. In their time addition to helping students apply Conor Lamb C’06, L’09 for awards like Skadden Fellowships, describes his narrow at Penn Law, these students have upset victory in the already shown themselves to be the Law School also offers its own special election for deeply committed advocates. Their postgraduate fellowships to finan- Pennsylvania’s 18th cially support graduates who pursue District. He also talked work as Skadden Fellows will be about the pins-and- an exciting continuation of that work at public interest organizations, needles experience of commitment.” government agencies, and NGOs. election night, on which he carried the day by several hundred votes. Lamb told students he favors enhanced job training programs for coal miners and other PHOTO: JEFF SWENSEN / GETTY IMAGES displaced workers and believes the government should do more to reduce student debt.

Published by Penn Law: Legal Scholarship Repository, 2018 17 19 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1 NEWS & EVENTS

Preet Bharara implores Penn Law graduates to practice law with human decency. Bharara is the former U.S. Attorney for the Southern District of New York. THE LAW MAY BE AN ASS AS DICKENS WROTE, BUT LAWYERS DON’T HAVE a corporate dispute is World War III. TO BE.” The law may be an ass as Dickens PREET BHARARA wrote, but lawyers don’t have to be.” former U.S. Attorney for the Bharara reached back to a 1925 Southern District of New York case that he said exemplified the principles of civility and humanity in the law. An African-American doctor moved his family into a white neigh- borhood in Detroit. Their second night in the house an angry mob Bharara’s Brief at Listen also for what is not being said descended on the house, yelling Graduation: Be Human because that can speak volumes.” and throwing rocks. The doctor’s in the Practice of Law Bharara, currently a distin- brother fired a gun into the crowd guished scholar in residence and and killed a white man. The doctor Preet Bharara, former U.S. Attorney adjunct professor of law at the New was charged with murder. for the Southern District of New York, York University School of Law, also In his defense, Clarence Dar- took the stage at commencement advised graduates to practice law like row referred to America’s history of and dispensed uncustomary career human beings. He counseled the slavery, noting that justice did not advice to the assembled aspiring newly minted attorneys to ditch the reside in the law alone but in the lawyers: be quiet. legalese of law school and speak sim- acts of man as well. The all-white “Lawyers should spend much ply. Bharara said simplicity always jury acquitted the doctor. more time exercising their right to wins. “If you speak simply you are “Remember always that the remain silent,” Bharara told the 242 more likely to sound sincere. If you law is merely an instrument, and JD students and 116 international speak simply you are more likely to without the involvement of human LLM students who received their be thinking clearly.” hands the law is as lifeless as a Penn Law diplomas at the Academy Bharara lamented what he called violin kept in its case,” Bharara said. of Music in Philadelphia. the coarsening of the practice of law. “The law cannot compel us to love “Listening is all too often more He said he’s seen too many lawyers each other or respect each other. important than speaking,” he con- who manage by “intimidation and It cannot cancel hate or conquer tinued. “Listen to what the partner fear” and who “bludgeon or belittle” evil, teach grace or extinguish apa- asks, listen to what the client wants, to exercise control. thy. Every day the law’s best aims listen to what the witness says, lis- Better, he said, to act with decency are carried out, for good or ill, by ten to what the adversary argues. and kindness. “Not every litigation or human beings.”

https://scholarship.law.upenn.edu/plj/vol53/iss1/118 PENN LAW JOURNAL SUMMER 2018 20 Published byPennLaw: LegalScholarship Repository, 2018 Treasured Memories cargo: $400million. cargo: By theway, oftheNuestra Sonora’s estimated worth Fisher in hisquest for thelost island ofAtlantis. caught thetreasurehuntbugandjoined Dougherty ofreading, withalove A mild-manneredguy ILLUSTRATION: YEORGOS LAMPATHAKIS /NATIONAL GEOGRAPHIC SOCIETY thelate by to berepresented famoustreasurehunterMelby Fisher, whohappened 363yearslater untildiscovered atsea treasures. Lost of sank offthecoastofFlorida in 1622withabounty THE SPANISH SHIPNUESTRASONORADEATOCHA ‌ ‌

EXHIBIT John Dougherty L’65 et al.:PennLawJournal:EngineeringChangeattheSEC .

19 21 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

As New Overseers, Page and Sabatino Go ‘In-House’ at Penn Law School

JOHN PAGE L’90 Page has spent nearly 30 nearly Giving old proverbs a modern twist years of his career as an in-house is one of John Page’s favorite pas- counsel, including several years times. Take, for example, the “teach with telecommunications giant a man to fish” saying. Lucent Technologies and its busi- “That’s fine, but wouldn’t you ness systems spinoff, Avaya, where rather teach him to own the pond?” he worked for Craven. For the past Page asks. “Part of the adage has 14 years, Page has served as in-house to be teaching this generation to counsel at Golden State Foods, a become entrepreneurs,” he said, $6 billion company that’s one of adding that before the civil rights the country’s largest diversified movement, African-American law- suppliers to large fast-food chains, yers couldn’t get jobs even if they including McDonald’s, Papa John’s, had the talent and the proverbial and Subway. fishing poles. At Golden State Foods, which That’s the kind of thinking, is based in Irvine, Calif., Page is along with decades of experience corporate senior vice president and as an in-house counsel, Page brings chief corporate social responsibil- GETTING to the Penn Law Board of Overseers. ity and legal officer. In the latter As a new member of the board, position, Page oversees company READY MEANS Page has two areas of interest. His ethics and handles environmental primary focus will be on resource issues. He also acts as a liaison to HAVING generation. Page said making sure the community, encouraging good alumni continue to support the works and employee volunteerism. REAL LIFE Law School is critical to ensure its Page has a history of service. elite status. Second, he wants to Throughout his career he has keep Penn Law students current volunteered at the Education Law EXPERIENCE and competitive through updates Center, based in Newark, N.J., to to the interdisciplinary curriculum ensure public school students have AND MAKING and continued opportunities for access to education and are aware hands-on experience. “Getting of their legal rights. In addition, SURE WE ready,” he said, “means having real he’s volunteered for the Pro Bono life experience and making sure we Institute, offering his services as CAN PROVIDE can provide those experiences when a corporate lawyer. For the past they’re ready at the earliest stages.” 20 years, he’s been a member of THOSE Former Overseer Pam Craven the National Bar Association and CW’74, L’77, PAR’06, once Page’s served as its president a few years EXPERIENCES supervisor, has been an important ago. In 2015 and 2016, Page was the mentor in his career, imparting global chair of the Association of lessons on an attorney’s guardian Corporate Counsel. Currently, he’s WHEN THEY’RE role, the ins and outs of ethics and chairman for the board of trustees compliance, and how to generate at Tuskegee University. READY AT new business. Page and his wife, Michele, have “She’s a good model for an Over- three sons, Brandon, 24, Isaiah, 21, THE EARLIEST seer through her commitment to and Joshua, 16. A collector of comic the University and the Law School,” books, Page enjoys reading biog- STAGES. Page said, adding that she’s also raphies and studying etymology, JOHN PAGE encouraged him to be active with which charts the changing meaning Penn Law Board of Overseers Penn Law. of words over time. https://scholarship.law.upenn.edu/plj/vol53/iss1/120 PENN LAW JOURNAL SUMMER 2018 22 et al.: Penn Law Journal: Engineering Change at the SEC NEWS & EVENTS

TOM SABATINO L’83 counsel for a few years, and then YOU’RE A Tom Sabatino has guest-lectured­ Sabatino moved on to Hertz, where a few times at Penn Law, and the the previous United Airlines pres- main question he always gets ident had become CEO and asked TREMENDOUSLY from students is how to become him to be the chief administrative an in-house counsel, a role he fell officer and general counsel. After MORE POWERFUL into early in his career. about a year, he left to become exec- At first, the inquiries took him utive vice president and general AND IMPACTFUL by surprise. “When I came out of counsel at Aetna, a post he’s held law school, that wasn’t a question for the past couple of years. LAWYER WHEN on anyone’s mind,” he said. “I think Sabatino credits his in-house there has been a quantum shift in success with a curiosity for how how law students look at in-house things work and an openness to YOU ACTUALLY law careers.” change. He said working at firms Helping students become more at the start of his career gave him UNDERSTAND well-rounded to give them an edge a good legal foundation, but that in the corporate world is one of developing “soft skills” has been just WHAT IS GOING Sabatino’s goals as a new member as important. “One of the things you of the Board of Overseers. “One of end up doing in-house is to interact ON BEYOND THE the things that attracted me to get- with a whole range of people who ting involved with the Board is the are not lawyers,” he said. “The ability tremendous progress that’s been to have good people skills in-house LEGAL ASPECT made in the last number of years is really important, and so is being toward the integration of multiple intellectually curious beyond the law.” OF YOUR WORK. disciplines into a law degree,” he For example, he always took TOM SABATINO said. “You’re a tremendously more opportunities to visit manufactur- Penn Law Board of Overseers powerful and impactful lawyer when ing plants to learn how products you actually understand what is were made, which came in handy going on beyond the legal aspect if product liability lawsuits arose. of your work.” Or he’d shadow a pharmaceutical Sabatino would know. After representative to the doctor’s office working for law firms for a cou- to see how products were sold. ple of years after graduating, he Wherever his career has taken accepted an in-house role at the him, Sabatino has joined local Fortune 500 healthcare company boards in an effort to give back Baxter International, despite a lack to the community, and currently of enthusiasm at the time for going is involved with Greater Hartford in-house. He eventually became the Legal Aid Foundation, where Aetna company’s general counsel, and is headquartered. He’s also currently about six years later, was recruited on the boards of two national as general counsel for the pharma- organizations: Corporate Pro Bono, ceutical company Schering-Plough, which is part of the Pro Bono Insti- where he worked until the company tute; and the International Institute merged with Merck. Sabatino then for Conflict Prevention & Resolution, became general counsel for United a think tank that focuses on alter- Airlines, where he did transactional native dispute resolution. and merger and acquisition work Sabatino resides in Connecti- when the airline bought Conti- cut with his wife, Joan. They enjoy nental Airlines. From United, he spending their free time sailing transitioned to Walgreens as general in Maine. Published by Penn Law: Legal Scholarship Repository, 2018 21 23 https://scholarship.law.upenn.edu/plj/vol53/iss1/1 T police failedtodoso;andmany others. reducedneighborhood crimewhenthe successfully Heights Maccabees, a neighborhood watch groupthat togaybashingduringthe1980s; theCrown response movement; the LavenderPanthers, which formedin a Till,which ofEmmett became the infamousmurder theyciteinclude tofail.Thecases isperceived system the the community. riftsin of lawenforcementandcreateswidening spiral eventuallyunderminesthemoralauthority tobeunreliable.Thisdownward that isperceived to indictor convict; and officialsmanipulate asystem to reportacrimeorhelpinvestigators;jurorsrefuse lack oftrustarepervasiveandpernicious:citizensrefuse reluctant todoonitsown.Theeffectsofthis so seems toforceitdothejusticethat subvert the system failuresthattheydistortand fed upwith thesystem’s ascriminaljusticeofficials, areso people, aswell vigilantism” 22

cause that spurred onthe thatspurred cause

community has whenthejustice responded The authors examine manyexamplesofhow The authors examine PENN LAW JOURNALSUMMER 2018 enforcement. Theauthors callit“shadow eroding communityconfidence inlaw onethatis our currentjusticesystem, and destructive problemafflicting HIS BOOKDESCRIBESAPERVASIVE

—

a vicious cycleinwhich CITATION NAACP andthecivilrights ordinary How Distrust inthe Breeds aNew Kind Shadow Vigilantes: Penn LawJournal,Vol.53,Iss.1[2018],Art. Justice System of Lawlessness

Paul H.Robinson and

Prometheus Books Sarah Robinson

the importance of upholding a justice system that the importanceofupholdingajusticesystemthat undermine publictrustinthesystem. and letseriousoffendersgo, otheractionsthat punishment, judicialrulesthatsuppress evidence to condonelegaltechnicalitiesthat overturnjust works to As the authors stress, these examples highlight As theauthorsstress,theseexampleshighlight

provide justice for all and is not perceived provide justiceforallandisnotperceived 24 et al.: Penn Law Journal: Engineering Change at the SEC NEWS & EVENTS

Principles of HIS ONE VOLUME INTRODUCTION Antitrust to federal antitrust law is intended for readers who have little or no familiarity Herbert Hovenkamp West Academic with the subject. It includes several short Publishing primers on the relevant economics, Tmaking it accessible even to those who have not had any economics training. The book explores the various ideological “schools” of antitrust, pointing out their strengths and weaknesses. This book covers all elements of domestic United States antitrust law except the Robinson–Patman Act. It includes treatment of both private and public enforcement, as well as the role of antitrust in industries that are subject to federal, state, or local government regulation. It also includes coverage of all Supreme Court decisions and important decisions in the lower federal courts through the first half of 2017.

Weighing HIS BOOK IS THE FIRST VOLUME Lives to be published under the new Oxford in War Series in Ethics, National Security and the Rule of Law. The series brings academics Co-editors Jens David Ohlin, and policy makers into a wide-ranging Larry May, and Tconversation around normative issues that arise in war, Claire Finkelstein Oxford national security, international law, and global security. University This series arises out of interdisciplinary programming Press at the University of Pennsylvania’s Center for Ethics and Rule of Law, a nonpartisan, interdisciplinary institute dedicated to the preservation and promotion of rule of law values in national security law and policy. This volume, Weighing Lives in War, examines the core principles of the modern law of war, such as necessity, proportionality, and distinction, and provides new and innovative insights into the process of weighing lives implicit in all theories of jus in bello. The volume explores the moral and legal issues in the modern law of war in three major categories: who counts in war, understanding proportionality, and weighing lives in asymmetric conflicts. These questions arise on multi- ple levels and require interdisciplinary consideration of both philosophical and legal themes. The book addresses whether modern warfare calls for a reconsideration of the way in which the lives of combatants and non-combatants have traditionally been compared. It represents an interdisciplinary effort, combining contributions from philosophers, legal scholars, military lawyers and others, and examines the scope and application of the major principles of just war theory.

Published by Penn Law: Legal Scholarship Repository, 2018 23 25 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

https://scholarship.law.upenn.edu/plj/vol53/iss1/124 26 et al.: Penn Law Journal: Engineering Change at the SEC

Engineering

Change

at the SEC

He’s trying to IN JANUARY, the elite of the securities bar gathered for an annual bring order to the conference at a resort near San Diego, eager to hear from Walter J. “Jay” cryptocurrency Clayton III ENG’88, L’93, the new chairman of the Securities and Exchange Commission. Clayton was slated to deliver the gathering’s keynote market; encourage address. What he really delivered was a shot across the bow. more public His target: a recent burst of “initial coin offerings” in which investors investment in had sunk billions of dollars. The offerings sought to capitalize on surging companies; and interest in digital currencies such as bitcoin. But, at least in some cases, raise standards for they also skirted SEC rules requiring disclosure of material information to stockbrokers — all the public. Clayton feared a speculative bubble, and was concerned that lawyers for the issuers were giving bad advice or looking the other way. of which underscore “Market professionals, especially gatekeepers, need to act responsibly Jay Clayton’s and hold themselves to high standards,” Clayton said. “To be blunt, reputation for from what I have seen recently, particularly in the initial coin offering legal rigor (and space, they can do better.” even alchemy). SEC staff was “on high alert” for conduct that “may be contrary to the spirit of our securities laws and the professional obligations of the By Rick Schmitt U.S. securities bar,” Clayton warned. “I’m constantly looking for where expectations are out of line with reality, because that leads to uncertainty, discord and inefficiency,” he says later in an interview in his office atSEC headquarters in Washington. “That is one of the key questions I ask myself. ‘Where are the risks?’” Clayton has seen the downside of risky behavior before, as a lawyer who advised investment banks as they struggled to survive the mortgage meltdown. Now, he is applying those skills — along with a deep under- standing of the intricacies of the capital markets, and an appetite for problem-solving — as the top cop on Wall Street. At a time when unconventional leaders increasingly occupy positions of power in official Washington, Clayton is something of a throwback.

Published by Penn Law: Legal Scholarship Repository, 2018 PHOTO: STEPHEN VOSS 25 27 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

He has acquitted himself as a serious, Clayton has made it among his main those with whom he has policy differences. academically minded regulator, who has goals to make it easier for companies to “Jay is curious and open-minded about embraced his agency’s traditional mission raise money from the public, including what the right answer is. When we have a and professional staff. And he has tackled reversing a decline in offerings of stock debate, I don’t always win, but I always feel a series of formidable challenges, while by emerging growth companies, which like I am heard,” says Robert Jackson C’99, calling out what he sees as emerging threats he says has deprived public investors of a W’99, WG’00, a New York University law to markets and the financial system. chance to participate in the often out-sized school professor who was appointed to one “Jay has seen the damage that insta- growth such companies show in their of two Democratic seats on the Commission bility can do,” says Joe Frumkin, L’85, a early years. As one inducement, the SEC by President Trump. “In Washington these partner at Sullivan & Cromwell, where has recently expanded a program in which days, that is very rare.” Clayton worked for two decades. “One of firms can have registration statements many reasons I feel good about him being privately reviewed by agency staff before at the Commission is I think he will be in they go public. a position to try and take action to prevent At the same time, he says it is the long- that kind of situation from arising again.” term interests of ordinary investors that MUCH OF CLAYTON’S LIFE’S STORY IS In the decade since the worst financial serve as the key guidepost to his deci- more Main Street than Wall Street. Six crisis since the Great Depression, regu- sion-making. “What can the Commission weeks after he was born, his father shipped lators in Washington have been focused do to cultivate markets where Mr. and Ms. out to Vietnam as a second lieutenant, and on writing and enforcing new rules in the 401(k) are able to invest in a better future?” his mother, then 20, moved the growing hope of avoiding trouble in the future. Now, he observed in a speech in New York last family to her childhood home in central there is concern among congressional year in his first public remarks asSEC chair. Pennsylvania. Clayton’s grandfather, a Republicans and the Trump Administration “I am confident this is the right lens for child of coalminers, was a small-town that those reforms have gone too far, and our analysis.” lawyer and public servant, who took young the focus has shifted to easing regulations Just a year into the job, he has won the Jay to township meetings, real estate to jumpstart growth and jobs. respect of colleagues and others, even closings and estate sales. Later, during

PHOTO: CHIP SOMODEVILLA / GETTY

Jay Clayton testifies before the Senate Banking Committee during his confirmation hearing to be chairman of the Securities and Exchange Commission on March 23, 2017 in Washington, DC.

https://scholarship.law.upenn.edu/plj/vol53/iss1/126 28 et al.: Penn Law Journal: Engineering Change at the SEC

college and graduate school, Clayton represented Goldman Sachs as it shored the mergers and acquisitions course at negotiated leases and designed inventory up its finances selling preferred stock to a the law school, and this spring he found systems for a small warehousing and firm controlled by investor Warren Buffet time to lead the class in a discussion of logistics business owned and operated by and negotiating a $10 billion investment shareholder activism. Ben Barocas, L’19 his parents. In high school and college, from the U.S. Treasury. WG’19, says Clayton also shared a few tips Clayton worked as a lifeguard in Ocean Clients remember a lawyer who was on exam-taking, stressing the importance of City, N.J. When people got out of hand always fully prepared, objective, and “never forgetting who your client is” when at the crowded beaches downtown, it calm under pressure. Tom Russo, the analyzing and solving problems. gave him some insight into how being former general counsel of Lehman, Clayton “always emphasized the ques- respectful of people is almost always the recalls spending a week with Clayton in tion of why we regulate M&A to begin with best first step. Korea in high-stakes negotiations with and why that matters,” says Christina At Penn, he studied engineering, grad- a group of banks that was considering Gunzenhauser W’15, L’17, an associate at uating summa cum laude with the Class an investment in the financial services Latham & Watkins in Los Angeles. “It was of 1988, and receiving many senior awards giant. The two sides spent hours at the apparent he cared about the course as an as well as Penn’s Thouron scholarship bargaining table, while Clayton simulta- academic, rather than just as a practitioner.” for study in the United Kingdom. He neously distilled their words into legally “Not every lawyer who is as successful earned bachelors and masters degrees in enforceable writings. “He managed to put as Jay has the EQ (emotional quotient) that economics at the University of Cambridge, the gobbledygook of the negotiation of the matches the IQ,” adds Mark Greene, L’93, where he was a member of King’s College negotiation into pristine legal documents,” another classmate, who is now a partner (home of John Maynard Keynes) and Russo says. “It was like alchemy of sorts.” at Cravath, Swaine & Moore and head of captained the University basketball team. Clayton also used his law degree to its corporate department. “That is one of He was admitted to the Wharton PhD get back to the classroom, developing a the things that sets Jay apart, and makes program, and considered an academic life reputation among students and young him so desirable. We are fortunate as a before committing to law. After graduating lawyers as a supportive teacher and mentor. country that that was recognized by the from the law school in 1993, he clerked For eight years, he and Frumkin taught current administration.” for U.S district judge Marvin Katz C’51 in Philadelphia. “To the extent I have gained practical insight into the intersection of law, capital markets and technology, Penn deserves A REGISTERED INDEPENDENT, CLAYTON the lion’s share of the credit,” Clayton reportedly came to the attention of then says. “Penn gave me access, support, and President-elect Trump when asked by the opportunity to both fail and succeed He managed a long-time client to offer suggestions as a student and a practitioner. I think of to the Trump transition team. Clayton points made years ago by my professors to put the responded with detailed thoughts on and fellow students often and with grat- “gobbledygook making U.S.-equity markets more open itude and respect.” and to promote growth by reducing reg- At Sullivan & Cromwell, over 20 years, of the ulatory burden. That led to his first-ever he had postings in Washington, London meeting with Trump just before Christmas and New York. He was elected partner negotiation at his Mar-a-Lago estate in Florida. Trump after five years at the firm and became into pristine offered him the job the first week of the one of the youngest lawyers ever to serve New Year. “He asked me to do a good on the firm’s management committee. legal job, and told me he would leave it to me His roster of clients included the likes of to do a good job, which has been true,” e-commerce giant Alibaba and wealthy documents. Clayton says. investors and entrepreneurs such as hedge- It was like At his confirmation hearing last year fund billionaire Paul Tudor Jones and Reid before the Senate Banking Committee, Hoffman, the co-founder and executive alchemy Democrats questioned whether Clayton chairman of LinkedIn. could be fair given his extensive ties to In 2008, Clayton advised the board of of sorts. Wall Street. Clayton says he understands Bear Stearns, the storied investment bank, TOM RUSSO the concern, but feels strongly he can do Former general counsel in its government-aided sale to JPMorgan of Lehman Brothers the job without showing favoritism to one Chase, and helped Lehman Brothers in side or the other. Ultimately, some mod- an ill-fated attempt to find a suitor before erate Democrats joined their Republican filing for bankruptcy protection. He also colleagues to approve his nomination,

Published by Penn Law: Legal Scholarship Repository, 2018 27 29 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

by a 61–37 vote, and he was sworn in by not considered fiduciaries. Under Clayton, in-line with the higher duties required Justice Anthony Kennedy May 4, 2017. the agency had spent months soliciting com- of investment advisors. His is a daunting mission: the SEC ment from the public, and holding scores Clayton responded that it was important oversees the more than $82 trillion in of meetings with investors and industry to continue to give ordinary investors a annual securities trading on U.S. markets, groups. Thousands of hours of staff time choice when it comes to who they turn to for over 7,300 public companies and 26,000 was spent evaluating such questions as investment advice. Avoiding excessive costs registered entities, including investment the impact of changing standards on the to the industry and ensuring the agency advisors, broker-dealers, and exchanges. cost of investment advice and on the type would be able to effectively enforce any new Besides the five-member Commission, of products that brokers sell to the public. rule were also key considerations. At the which votes on things such as new rules The proposal, running more than 1,000 hearing, he elicited assurances from staff and regulations and enforcement actions, pages, would require brokers to provide members that their proposal would likely there is a full-time staff of 4,500, including investors with standardized disclosure accomplish all that. In the end, despite lawyers, economists, and analysts. By law, documents highlighting the services they reservations, the Commission voted to send no more than three commissioners may offer, the legal standards that govern their the proposal out for public comment, the belong to the same political party, with the conduct, the fees customers will pay and next step in the approval process. President designating one of the commis- certain conflicts of interests, among other “Our capital markets — and the broad- sioners as chairman. provisions. Supporters say the proposal based participation of retail investors Transitioning from private to public would, for the first time, prohibit brokers in our capital markets — are the envy of life has also had its own challenges. For from putting their own interests ahead of the world,” he said. “That broad-based one thing, his wife, a lawyer and former their customers’. participation isn’t something that was wealth management advisor, and three The two Democratic commissioners turned on yesterday, and we certainly don’t children are continuing to live in New were sharply critical, saying the proposal want to turn it off tomorrow.” York; Clayton commutes on weekends. had too many loopholes and might not For another, despite their prestige, high- leave investors any better off. Currently, level positions in Washington come with brokers are obligated to give advice that a sometimes challenging learning curve. is “suitable” for their clients, based on “There’s not a place you go to learn how their age, finances and appetite for risk. CLAYTON HAS INHERITED MANY OTHER to do one of these jobs, which is really But that has also opened the door to challenges. Four months into his tenure, kind of a problem,” Clayton says, adding conflicts of interest where brokers push Equifax, one of the “big-three” U.S. credit that the most important consideration, investments that are good for them — in bureaus, disclosed that it had experienced by far, is picking good people around you. the form of lucrative commissions — but a data breach that exposed personally His staff includes Robert Stebbins, a Penn not necessarily for their customers. Jack- identifying information of more than 143 Law classmate and long-time Willkie son, for one, has been supportive of a million Americans. The same month, the Farr & Gallagher partner who is now SEC new standard for brokers that is more SEC discovered that it had experienced a general counsel. So far, he has proven to be a method- ical and data-driven regulator, with a well-defined view of the agency’s mission

and the need for considered rule-making. PHOTO: JONATHAN ERNST / REUTERS He sees the congressional mandate for The headquarters the agency — protect investors, maintain of the United States Securities fair, orderly and efficient markets, and and Exchange facilitate capital formation — as “the Commission (SEC) first and last organizing principle.” He in Washington. is sensitive to what he calls “knock-on effects” of regulation, and the need for regulators to do a better job at anticipat- ing unintended consequences. Stebbins sees a lawyer who “thinks a lot like an economist or engineer.” That thought process was on display at a public hearing in April where the Com- mission considered a staff proposal that would raise professional standards for stock brokers, who, unlike investment advisors, are https://scholarship.law.upenn.edu/plj/vol53/iss1/128 PENN LAW JOURNAL SUMMER 2018 30 et al.: Penn Law Journal: Engineering Change at the SEC

Jay is curious and open-minded “about what the right answer is. When we have a debate, I don’t always win, but I always feel like I am heard. ROBERT JACKSON Democratic SEC Commissioner

PHOTO: JUSTIN SULLIVAN / GETTY

data breach of its own, caused by a defect or other so-called cryptocurrency, which social media. Clayton says more such in custom software code in its EDGAR have no intrinsic value, but which, like cases are likely. system, which handles 1.7 million public bitcoin, are sold as payment alternatives “He has showed some real leadership,” company electronic filings a year. to traditional currencies such as the dollar. Jennifer Zepralka, L’01, a former SEC senior In response, among other things, While the technology has enormous special counsel who is now a partner in Clayton ordered the creation of a new promise, it has also given rise to what Clay- the Washington office of WilmerHale, says 30-person cybersecurity unit within the ton and other regulators fear is a bubble of Clayton. “He has really marshaled the SEC’s enforcement division, and authorized reminiscent of the dot-com era. Investors forces of the SEC around that issue to get the hiring of a “chief risk officer” to shore poured nearly $4 billion into coin offerings it under control.” up the agency’s internal defenses and assess in 2017, which were conducted without “Every day is interesting,” Clayton says. risks in the markets. In February, under SEC registration. Some of the issuers have “It would be incorrect to say that every his leadership, the Commission issued taken the position they do not have to day is a barrel of laughs. There are lots guidance to assist public companies in abide by agency rules because they are of things that you have to deal with that preparing disclosures about cyber risks not issuing securities. you wouldn’t consider pleasant. But I can and incidents. In April, sending another Clayton has a different view. “I believe tell you that every single day I am glad I signal, the SEC extracted a $35 million every ICO (initial coin offering) I’ve seen is decided to do this.” penalty from Yahoo in a settlement of a security,” he declared at a congressional “I think the greatest gratification comes charges over a hacking incident that the hearing in February, a month after his from realizing that what we are trying to firm had hidden from the public for two saber rattling in front of the securities do here makes a difference, and you can years. Together, the moves put cyber on the lawyers in San Diego. On his watch, the see it every day, because our capital mar- radar of public companies in a way that SEC has charged several ICO firms with kets do perform better than comparative make clear what the SEC expects of them. defrauding investors, including the brains capital markets and that benefits the And then there has been the pro - behind one start-up that promised debit country,” he says. “They’re not perfect. liferation of high-flying coin offerings. card holders the ability to instantly convert But they are a lot better, and that makes Promoters of such deals are seeking to digital assets into U.S. dollars. Through a big difference.” capitalize on a new kind of technology, an unregistered ICO, the firm raised $32 known as blockchain, which derives its million from the public, using fictional Rick Schmitt has covered legal affairs for The Wall Street Journal and the value from eliminating the middleman, executives with impressive biographies Los Angeles Times. He is currently such as a bank, in financial transactions. and paid celebrities such as boxer Floyd a freelance writer living in Maryland. As part of the offerings, investors get tokens Mayweather to market the venture on

Published by Penn Law: Legal Scholarship Repository, 2018 29 31 ADMITTED UNTIL Signed Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

0550405  055 5  040 40 5  0 0 5 5 5 CHINA 5 0 0  4 5 0 5 0



4

0 0

5 5

5 5

0 0

PEACE

4



0 5

5 0

4



0

0

5

5

5

5

0

0

4 

5

0405 0 0 5 4

0 

0 5 5

REPUBLIQUE DU BENIN

D.G.P.N - D.R.G.S.T. ARRIVÉE

20 20

ARRIVÉE CORPS

AEROPORT DE COTONOU POLICE DE L’AIR ET DES FRONTIERES

AL REDUX

TUSHEMISHT K / 3 0 4 - 0 7

RATION O 30 IG FFI https://scholarship.law.upenn.edu/plj/vol53/iss1/1IMM CE 32 8 R 33 0

E M ED PL TT OY MI MENT NOT PER et al.: Penn Law Journal: Engineering Change at the SEC

Former volunteer Kathy Stroker L’04 works to keep venerable and revered agency relevant in a time of transition. By Fredda Sacharow

Published by Penn Law: Legal Scholarship Repository, 2018 33 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

HE FORMER FRENCH COLONY and managing the organization that sent her 5,250 and West African nation of Benin miles and light years away from her law school days. enjoyed modern electricity when Can an organization born of 1960s-era idealism M. Katherine Stroker L’04 arrived and hope find relevance in the tumultuous world of two decades ago to teach English 2018? Kathy Stroker is working to assure that it can. As the organization’s deputy chief executive officer, as a foreign language, but the service the Peace Corps’ second-ranking official after Director was anything but dependable. Josephine (Jody) K. Olsen, Stroker spends her mornings, The former Peace Corps volunteer remembers afternoons and many of her nights chewing over ways Tthe sight of her junior high/high school students to keep thousands of volunteers on task, safe and in the community of Parakou, a relatively large productive far from their native land. city about halfway up from the coast. In her mind’s You might call it something of a challenge to fashion eye, they are huddled under a streetlight, taking a blueprint to evacuate 125 Peace Corps volunteers advantage of the weak rays to study the day’s from Burkina Faso during recent civil strife; tend to the health needs of a stricken volunteer in Tonga; or lessons when the power went off in their homes. negotiate with the Sri Lankan government for the return of English teachers to that country. As it did often. For the Peace Corps, it’s all in a day’s work. “These were dedicated, earnest students who were Established with great fanfare on March 1, 1961 dying to learn, kids with very little access to learning by Executive Order of President John F. Kennedy, the materials: just a blackboard and some chalk, and Peace Corps was envisioned as a vehicle to promote they had to pitch in to buy the chalk,” Stroker recalls. world peace and friendship. Twenty years later, these youngsters and their Later that year Congress passed the Peace Corps singular determination to pursue an education are Act, mandating that the organization “shall make never far from her mind as she goes about setting policy available to interested countries and areas men and https://scholarship.law.upenn.edu/plj/vol53/iss1/132 PENN LAW JOURNAL SUMMER 2018 34 et al.: Penn Law Journal: Engineering Change at the SEC

women of the United States qualified for service abroad Her work often takes her well beyond the confines In April, Kathy and willing to serve, under conditions of hardship if of her eighth-floor office on the corner of 20th and L Stroker L’04 returned necessary, to help the peoples of such countries and Streets in the nation’s capital. In recent years she has to the West African nation of Benin for areas in meeting their needs for trained manpower.” visited posts in Macedonia, Nicaragua, Benin, and its 50th anniversary More than half a century into that mission, the Ethiopia, always on the lookout for an opportunity to of Peace Corps organization Stroker helps administer counts more reconnect with the day-to-day work volunteers are doing. service. Stroker served as a Peace than 230,000 alumni: volunteers who have served in “I like to meet with the staff in the different countries, Corps volunteer 141 countries to date. Currently, the largest percent- get a sense of their successes and their challenges,” there 20 years ago. age — close to half — do their stints in Africa, as she Stroker says. Her own experiences in Western Africa Today, she is deputy chief executive did, with Latin America and Eastern Europe/Central are never far from her mind. officer of the fabled Asia coming in a distant second and third. Analyzing risk and managing large-scale projects organization. Marking Stroker oversees some 800 staffers domestically and is hardwired into her DNA, an essential component the anniversary, Stroker visited the another 3,000 worldwide. Of the approximately 7,000 of her professional experience in both the public and school in Parakou volunteers currently deployed around the globe, 63 percent the private sectors. where she taught, are females, 37 percent are male, and singles outnumber In addition to defending domestic and international met with former students and spoke the married volunteers by 98 percent to 2 percent. clients at Dechert LLP in Philadelphia and at Arnold & at the ceremony. “We do attract a younger population,” says Stroker, Porter in Washington, D.C., the Yale graduate also served who was 23 when she signed up for service in 1998; as a foreign lecturer at the Institute of Comparative today the average age of a Peace Corps volunteer is 28. Law and the University of Paris. She also clerked for “A lot of them are newly graduated, looking for their the Honorable Michael M. Baylson of the U.S. District first jobs,” she says. Court, Eastern District of Pennsylvania. After working for the U.S. Agency for International Development as deputy assistant general counsel, Stroker returned to the Peace Corps in April of 2016, as that agency’s acting general counsel. A great deal of her time is spent keeping abreast of world events. “We have a cadre of safety and security experts working for us; every post has a safety and security manager. We pay a lot of attention to news reports, to what’s actually happening on the ground, and assess constantly.” Evacuating the volunteers from Burkina Faso, a landlocked country in Western Africa where demon- strations, marches and violence are common, was a PHOTO: KARL JOB / U.S. EMBASSY COTONOU, BENIN COTONOU, EMBASSY KARL JOB / U.S. PHOTO: case in point. “Once we got the experts to weigh in, we had to think about the risks, and whether those risks are acceptable. In Burkina, the risks to our people were mounting, and we were not comfortable with leaving them there.” So, the next challenge became finding transportation and locating temporary housing in neighboring Ghana. Stroker counts among her legal specialties inter- national development, foreign tribunals, and public policy, all of which dovetail with her vision of the Peace Corps’ core mission. “We do represent the United States in a very concrete way,” she says. “We are sending American citizens to make a person-to-person connection. At the end of the day, those connections are more important to our image than the person who is sitting in the White House at any one given time.”

Published by Penn Law: Legal Scholarship Repository, 2018 33 35 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

The United States and the world were on the eve service opportunities to select which ones best suit of cataclysmic changes that Friday in October, 1960, their needs. when Kennedy first floated the idea of an international In another attempt to keep the Peace Corps relevant volunteer organization at a pre-dawn rally at the in the second decade of the 21st Century, the agency University of Michigan at Ann Arbor. has overhauled — and drastically shortened — its With his campaign heading into its final three application process. The 60 printed pages Stroker weeks, the future president threw out a challenge remembers laboring over — and which often took to the 10,000 students assembled: How many of you applicants up to eight hours to complete — have been would be willing to serve your country and the cause of boiled down to a short online application. peace by living and working in the developing world? Stroker also noted that through its Peace Corps President Response Program, her agency also offers shorter Kennedy started “How many of you who are going to be doctors are the Peace Corps willing to spend your days in Ghana?” Kennedy went stints than the traditional two years, a move aimed at to encourage on. “Technicians or engineers, how many of you are sending skilled volunteer “alumni” to help out where young Americans needed for a period of three months up to a year. to serve their willing to work in the Foreign Service and spend your country and lives traveling around the world?” As of earlier this year, interested returnees could create goodwill It was a theme he would echo three months later browse through openings for a literacy support around the world. in his famous inaugural address — “Ask not what your country can do for you …” — and one that clearly resonated with America’s youth. Although the specific needs of the nations the Peace Corps serves have changed over the years, Stroker is “THE MILITARY convinced the agency remains just as important today as it was at its founding. CALLS IT WINNING Enumerating today’s priorities, she points to the 62 million girls globally who must fight for an edu- HEARTS AND cation; to the malaria patients who suffer due to lack of prevention and treatment in 40 of the countries MINDS, BUT THE volunteers are sent to; and to the millions of hungry people who urgently need sustainable methods of PEACE CORPS food production in parched and famine-ridden lands. As the duties of volunteers have morphed, agency HAS BEEN DOING policies have been altered to keep pace. One of the THIS FOR YEARS. biggest changes occurred several years ago, she notes, when applicants were first able to request placement IT’S THE BEST in a specific job, in a specific country. “When I was applying, you went wherever the Peace THING AMERICA Corps sent you,” says Stroker, who recalls her excite- ment — and trepidation — when it came time to open DOES IN TERMS OF the manila envelope bearing her acceptance. The acceptance letter brought the news that she was FOREIGN POLICY.” being assigned to Benin, which was unfamiliar to her. RICHARD SITLER Former Peace Corps volunteer

Stroker has high praise for the updated choice SERVICE PARK / NATIONAL ABBIE ROWE PHOTO: policy, which she sees as a boon for people who have targeted career plans coupled with a passion to explore different parts of the world. Potential volunteers apparently agree: “In the first full year after we changed to the choice model in 2014, we had 23,000 applicants, an all-time high for a single year, and since then the number has remained high,” she says. The Peace Corps website now lists all open programs by work area, country, and departure date, affording applicants the opportunity to browse through myriad https://scholarship.law.upenn.edu/plj/vol53/iss1/134 PENN LAW JOURNAL SUMMER 2018 36 et al.: Penn Law Journal: Engineering Change at the SEC

THE PEACE CORPS AT A GLANCE

specialist in Belize, a community health outreach CURRENT NUMBER OF VOLUNTEERS AND TRAINEES specialist in Liberia, and an aquatic resource man- agement specialist in the Philippines, among other opportunities. Richard Sitler is a freelance photojournalist from Carbondale, Ill., who served three terms in the Peace , Corps, and at the age of 50 hasn’t ruled out a fourth. Like 7376at 61 posts Stroker, he’s one of the agency’s biggest cheerleaders. in 65 countries “The military calls it winning hearts and minds, but the Peace Corps has been doing this for years.

It’s the best thing America does in terms of foreign VOLUNTEERS BY WORK AREA policy,” he believes. Education...... 41%

He remembers a long, arduous application and 1961 Health...... 20% interview process — “Comparable to applying to Youth in Development:...... 11% EST. college,” Sitler says — and three months of training Environment:...... 8% before being sent to the Dominican Republic in August Community Economic Development: ����8% of 1991. Alas, a mosquito-borne disease cut short his Agriculture:...... 8% stay before his official service began. Peace Corps Response:...... 4% Following graduate school for visual communication at Ohio University, and work as a news photographer, WHERE VOLUNTEERS SERVE he was drawn again to volunteer, and this time it took. Africa:...... 46% He lived in Jamaica, serving as an advisor to at-risk Latin America:...... 18% youth from 2000 to 2002. Eastern Europe/Central Asia:...... 13% The opportunity for shorter Peace Corps service Asia:...... 11% noted by Stroker lured him back to Jamaica twice, first Pacific Islands:...... 5% in 2006 to help re-open a community center in the Caribbean:...... 4% town of Ewarton after Hurricane Ernesto devastated North Africa/Middle East:...... 3% the island, and later in 2012 to work on a documentary for an agency in Kingston serving vulnerable residents. Between stints, Sitler traveled the world, photo- BASED ON DATA AS OF SEPTEMBER 30, 2017 graphing the work of fellow Peace Corps volunteers in 22 countries in five continents for a book called Making Peace with the World (2011, Other Places Publishing). Like Stroker, Sitler believes the agency’s real power Among the notables are MSNBC host Chris Matthews lies in volunteers’ ability to make personal contacts, (Swaziland, 1968–1970); author Paul Theroux (Malawi, build trust, and use their finely-honed skills to tackle 1963–1965); Donna Shalala, former U.S. Secretary of thorny problems. Health and Human Services (Iran, 1962–1964); and “I was in a village [in Jamaica] that never had a Chris Dodd, former Connecticut senator (Dominican Peace Corps volunteer before — very remote. A lot of Republic, 1966–1968). the people I served had never met a white person,” Many veteran volunteers, like Stroker herself, have the journalist said. “They had certain views, which I returned to serve in various capacities over the years. think I dispelled, that all Americans are rich, that we Because the position of deputy chief executive officer are all white, all we do all day is watch TV, and that she now holds is normally filled by a political appointee we don’t do any physical work,” the journalist said. confirmed by the U.S. Senate, Stroker understands As profoundly as the volunteers bring about change, that she is in effect holding down the fort until that they themselves are changed by the people with appointment takes place. whom they interact, and the culture in which they When it does, she says, she’ll happily go back to serve, he says. the general counsel’s office, eager to put her legal The roll call of returned Peace Corps volunteers, training to use once again. known to each other and to agency staffers asRPCV s, represents a cross-section of American life: industry, Fredda Sacharow is a former editorial page editor and a freelance writer whose work has appeared in The New academics, the arts and public service, among other York Times, NJBiz, The Jewish Exponent and various other sectors. publications of Rutgers and Columbia universities.

Published by Penn Law: Legal Scholarship Repository, 2018 35 37 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

faculty

Meet Penn SurgeLaw’s six new hires.

https://scholarship.law.upenn.edu/plj/vol53/iss1/1 38 et al.: Penn Law Journal: Engineering Change at the SEC

he trend is clear: law schools have cut back on faculty hiring. The last dozen years have seen entry level, tenure-track Thiring plummet from 158 in 2006 to 62 in 2017, according to PrawfsBlawg, which chronicles the life of law schools. Penn Law is countering the trend, with six new faculty appointments over the last two years. This mix of rising and established stars includes: Herbert Hovenkamp, Beth Simmons, Allison Hoffman, David Hoffman (no relation to Allison), Ryan Doerfler, and Maggie McKinley. Simmons and Hovenkamp are both Penn Integrates Knowledge University Professors who apply their expertise across disciplines and are appointed in at least two schools at Penn.

the rationales for regulation were identified as some version of special interest capture. That approach sets the unregulated market as a baseline and tends to see almost anything else as a harmful deviation. I have come to believe that this approach is mistaken and that an output test is the most workable solution for this problem. HERBERT HOVENKAMP

James G. Dinan University Professor BACKGROUND Hovenkamp is an exceptionally influ- ential scholar with an international reputation. He has been called the dean of American antitrust law. The FOCUS A common theme that runs through my author of more than a hundred articles and a dozen antitrust and legal history scholarship is that the books, Hovenkamp is co-author of the landmark best competition or innovation policy is the one 21-volume Antitrust Law, which has been cited more that facilitates greater output of products or services, than 50 times by the Supreme Court and more than measured by quantity or quality. A focus on output is 1,000 times by federal courts. His book, Enterprise and much easier to administer than a goal of promoting American Law, 1836-1937, received the Littleton-Griswold “general welfare,” or maximizing the value that accrues Prize of the American Historical Association. to all affected persons, including producers as well He came to Penn Law from the University of Iowa as consumers. Ultimately it is also more defensible. College of Law, where he had taught since 1986 and had won the Collegiate Teaching Award. Hovenkamp ORIGINS I have spent years struggling to identify was a member of the faculty of the University of regulatory, competition, and innovation policies that California Hastings College of Law from 1980 to 1985. are defensible deviations from unregulated markets, He earned a JD, PhD in American Civilization and MA and that resist capture by any particular interest group. in American literature from the University of Texas When I was in law school and graduate school most of following a BA from Calvin College.

Published by Penn Law: Legal Scholarship Repository, 2018 37 39 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

The International Criminal Court “has plausibly deterred some of the worst and intentional violent abuses of civilians, at least when it demonstrates some resolve through opening investigations. BETH SIMMONS

BETH SIMMONS also a co-editor of seven books and author of dozens Andrea Mitchell University Professor of influential articles and book chapters. She came to Penn from Harvard University, where she was Clarence Dillon Professor of International FOCUS The singular insight of my work is that interna- Affairs and served from 2006–2013 as director of the tional law has had a measurable influence in important Weatherhead Center for International Affairs. Previously areas. Human rights actors use international treaties she taught at the University of California-Berkeley and to stake domestic claims, with some success. The Duke University. She earned a PhD and MA in Govern- International Criminal Court has plausibly deterred ment from Harvard University, an MA in International some of the worst and intentional violent abuses of Relations from the University of Chicago, and a BA civilians, at least when it demonstrates some resolve summa cum laude in political science and philosophy through opening investigations. No doubt human from the University of the Redlands. rights abuses and violence are complex social and political issues, but research suggests ‘unenforceable’ agreements reinforce norms and make a positive contribution in many cases.

ORIGINS My students! I have taught a lot of skeptics over the years — people who don’t believe that interna- tional law is law; people who don’t believe that if you can’t send out the police or throw people in jail that you can’t use law to address serious global problems. ALLISON K. HOFFMAN The first question I fielded as an assistant professor Professor of Law in my international relations course on international law was “Professor Simmons, what does any of this matter?” I knew then and there I had to get started FOCUS While there is no singular insight of my work, researching that question. a common goal among my projects is to show that problems of health and financial security are more BACKGROUND Simmons is a world-renowned authority nuanced than the conventional wisdom suggests. on international relations and human rights. She My work maps the theoretical complexity of social is the former president of the International Stud- problems to enable more thoughtful solutions. My hope ies Association and author of two landmark books: is that if we can better understand the messiness and Mobilizing for Human Rights: International Law in true scope of our social welfare and healthcare system Domestic Politics and Who Adjusts? Domestic Sources problems, we might avoid constructing partial or futile of Foreign Economic Policy During the Interwar Years, legal or policy solutions (or, at the very least, we’ll do 1924–1939. Both books won the Woodrow Wilson Award so with our eyes wide open). of the American Political Science Association as the best book of the year published in the United States ORIGINS Healthcare has been the center of my life on government, politics, or international affairs, as since childhood. With a physician dad and physical well as additional major awards from the International therapist mom, my family discussed medicine and Studies Association, the International Science Council, health policy around the dinner table. After college, and the American Society for International Law. She is I worked on cutting edge healthcare strategy challenges https://scholarship.law.upenn.edu/plj/vol53/iss1/138 PENN LAW JOURNAL SUMMER 2018 40 et al.: Penn Law Journal: Engineering Change at the SEC

as a window into the idiosyncrasies of U.S. health care law and the values that have shaped this field. Hoffman comes to Penn Law from theUCLA School of Law, where she taught courses on health insurance and reform, health law and policy, and torts. She was a visiting professor at Penn Law during the fall semester of 2015. Prior to UCLA, she was a fellow at as a consultant at the Boston Consulting Group. I con- the Petrie–Flom Center for Health Law Policy, Bio- tinued to study social welfare policy and health law as a technology, and Bioethics at Harvard. She received law student at Yale, where I learned from health policy her AB summa cum laude from Dartmouth College guru Ted Marmor as his teaching assistant. The same and her JD from Yale Law School. reasons that drew me to this field—its critical role in shaping families’ wellbeing and security—are what continue to animate my teaching and my research.

BACKGROUND Hoffman is a health care law and policy expert. Her research examines the role of regulation and the welfare state in promoting health, as well as how regulation affects conceptions of risk and respon- sibility. Hoffman’s recent work includes “Reimagining DAVID HOFFMAN the Risk of Long Term Care” in the Yale Journal of Health Policy Law and Ethics — an article that argues Professor of Law for a more capacious vision of how we think about long-term care risk — and the Oxford Handbook of U.S. Health Law, a volume co-edited with I. Glenn Cohen FOCUS My research generally focuses on the psy- and William M. Sage. She also contributed a chapter chology of contract. Most recently, I have focused on to a volume titled “What Health Reform Reveals about digital mass market contracts, finding that exposure Health Law,” which explores the Affordable Care Act to such contracts seems to make individuals believe that contract doctrine is more formal and less morally rich. Not surprisingly, this digital effect is particu- larly expressed by millennial consumers. I am also exploring whether such contracts can be made to actually communicate with their adherents. Through My hope is that if we can case-study research, I have found that mass market better understand the digital contracts are read when creative firms align “ the language and look of end user licenses with their messiness and true scope overall trade dress.

of our social welfare and ORIGINS My dad, Jerry HoffmanL ’62, told stories about healthcare system problems, his Philadelphia-based employment practice at the dinner table. He convinced me that being a lawyer we might avoid constructing was intellectually exciting, practically-relevant, and partial or futile legal or endlessly fulfilling. My mom — a college professor — suggested that engaging with the law as an academic policy solutions (or, at the would provide a platform to attack a wide variety of very least, we’ll do so with hard problems that had no easy solution in sight. And from the first day I taught contracts, I found the our eyes wide open). empirical issues the course raised to be both deep and, ALLISON K. HOFFMAN largely, unsolved. The path forward became obvious.

Published by Penn Law: Legal Scholarship Repository, 2018 39 41 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

BACKGROUND Hoffman is an expert in contracts, law I argue that our and psychology, and empirical legal studies. In his understanding of what scholarship he uses observational and experimental “ data to illuminate the relationship between people’s Congress is attempting behavior and the law. He has also shown how the to do or say is inevitably perceived benefits and risks of potential demon- strations are contingent on people’s values and how shaped by our impression individuals’ values influence their perceptions of of what Congress is fact in civil rights cases. His work has also explored the dispute resolution system using data from court trying to do. dockets and investigated the area of moral psychology, RYAN DOERFLER with a particular emphasis on contract law. He is a member of Yale Law School’s Cultural Cognition Project, a group of scholars interested in studying how cultural values shape public risk perceptions and related policy beliefs. His scholarship instance, states that the President shall “terminate includes the Harvard Law Review article “Whose any use of United States Armed Forces” for hostilities Eyes are You Going to Believe? Scott v. Harris and the or another specified action within sixty days “unless,” Perils of Cognitive Illiberalism,” co-authored with among other things, “the Congress has declared war.” Dan M. Kahan and Donald Braman, which examines Everyone agrees that the WPR requires the President how judges needlessly invest the law with culturally to terminate the use of the Armed Forces within sixty partisan overtones. days unless Congress has declared war since the initial Hoffman comes to Penn Law from the Temple use of the Armed Forces for the hostilities or other University Beasley School of Law, where he was the specified action. What makes this obvious, however, is Murray H. Shusterman Professor of Transactional our awareness of Congress’ practical interest, namely and Business Law. He served as a visiting professor limiting the President’s authority to use the Armed at Penn Law last year. Hoffman earned his JD from Forces without congressional approval. This is not to Harvard Law School and a BA in archaeology and say, mind you, that courts should interpret statutes in history from Yale University. a way that, in their view, would bring about the best outcomes. The point is just that it is impossible to separate linguistic considerations from practical ones, even if the questions that interest us are, ultimately, linguistic in character.

ORIGINS My background is in philosophy of language, evaluative language in particular. Entering law school, my very first class (legislation & regulation) was more or less a class on statutory interpretation. Many of the questions raised in that class, for example, whether RYAN DOERFLER statutory language implies this or that, under what Assistant Professor of Law conditions we should attribute to Congress a linguistic mistake, struck me as applied philosophy of language, and I have been thinking about them ever since. Having FOCUS Much of my work deals with the connection spent more time in the legal academy, I have since between language and practical interests. With stat- come to learn that my understanding of statutory utory interpretation, for example, I argue that our interpretation as applied philosophy of language is understanding of what Congress is attempting to say is not universally shared, and so I now also spend a fair inevitably shaped by our impression of what Congress amount of time trying to convince people that that is trying to do. The War Powers Resolution (WPR), for understanding is correct. https://scholarship.law.upenn.edu/plj/vol53/iss1/140 PENN LAW JOURNAL SUMMER 2018 42 et al.: Penn Law Journal: Engineering Change at the SEC

BACKGROUND Doerfler teaches in the areas of legis- served in a constitutional democracy by facilitating lation and administrative law. His research focuses on the participation of minorities in the making of laws questions of statutory and constitutional interpreta- that govern them — through petitioning, voting, and tion, drawing on contemporary work in epistemology the recognition of tribal sovereignty — rather than and philosophy of language. He is also interested simply recognizing minority rights. in various doctrinal puzzles in administrative law and federal courts. ORIGINS My mother is Fond du Lac Band of Lake Prior to joining the faculty at Penn, Doerfler was a Superior Ojibwe and I grew up spending time in Bigelow Fellow at the University of Chicago Law School. reservation communities across the West. In Indian He earned a JD and PhD in philosophy from Harvard Country, federal recognition of tribal sovereignty allows University. He also received a BA in philosophy from Native peoples to draft constitutions, constitute gov- Wake Forest University. ernments, and create laws for their own communities. The system is deeply flawed, but it serves to mitigate the colonial roots of our constitutional democracy. After working as a social science researcher, I decided to attend law school in order to train as an advocate for Indian Country. Law school introduced me to the myriad ways that minorities engage in the lawmaking process — from impact litigation to legislative advocacy. In recent years the Supreme Court has been hostile to Indian law, instituting what Phil Frickey termed “common law colonialism.” Because Congress has been MAGGIE MCKINLEY more of an ally, I was keen to study Congress — in all Assistant Professor of Law of its dysfunction — and the ways in which minorities participate in the lawmaking process.

FOCUS The questions that interest me center on BACKGROUND McKinley is a public law scholar whose how democracies represent minorities, including pathbreaking scholarship examines minority repre- the Native communities colonized by the United sentation and participation in the lawmaking process States. In particular, I study what sorts of structures with a focus on Congress, lobbying, petitioning, and democracies create to facilitate the representation and federal Indian law. empowerment of minorities. My current project looks Her article in the Stanford Law Review, titled “Lob- at minority participation in the lawmaking process with bying and the Petition Clause,” unsettled the long-held a focus on Congress, lobbying, petitioning, and federal presumption that lobbying is protected from regulation Indian law. My aim is to better understand the values and reform by the Petition Clause and offered an innovative reading of the Clause taking account of its historical context. In an article forthcoming in the Yale Law Journal, titled “Petitioning and the Making of the Administrative State,” McKinley charts the growth My current project looks at of the administrative state out of the petition process in minority participation in the Congress. In other projects, she ran an eleven-month “ field study of federal lobbyists in Washington, D.C., lawmaking process with a and co-managed a large-scale study of the history focus on Congress, lobbying, of petitioning based in the Harvard Department of Government. petitioning, and federal McKinley joins Penn Law from Harvard Law School, Indian law. where she was a Climenko Fellow and Lecturer on Law. She earned a BA summa cum laude from UCLA MAGGIE MCKINLEY and a JD from Stanford Law School.

Published by Penn Law: Legal Scholarship Repository, 2018 41 43 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

https://scholarship.law.upenn.edu/plj/vol53/iss1/1PHOTO: DAVID TURNLEY / CORBIS / VCG VIA GETTY IMAGES 44 et al.: Penn Law Journal: Engineering Change at the SEC FROM THE ARCHIVES

THE IRON CURTAIN HAD FALLEN, AND THE bloodless Velvet Revolution of 1989 had ousted communist rule in Czechoslovakia. Working for Squire Sanders, which had an office in Brussels, Heidi Pemberton L’87 jumped at the chance to lend her legal services in what she called “the wild, wild east.” From 1991 to 1995, she lived abroad and helped privatize state-owned companies in the Czech Republic and Slovakia. Pemberton and her colleagues structured privatizations, involving development bank funding and Western commercial sponsors, that were intended to align local business practices with European Union standards. “We needed to get a job done without the benefit of a roadmap or an established legal framework. After doing our best to understand how untested laws and regulations might be interpreted, we took a position and just went with it,” she said. Pemberton, who returned to the United States in 1995 with her husband and started a family, said her years working in Eastern Europe were exciting and fulfilling. “I felt like I was contributing to the social good,” she said. “Our work was an important part of the shift from planned to free market economy in these countries. But we also helped save jobs and improve working conditions for ordinary people. That was incredibly satisfying.” Pemberton now resides in Boston and works in the corporate group at Mintz Levin.

Citizens of Prague, Czechoslovakia turn out by the thousands in November 1989 to protest the Communist regime. Just one month later the regime had toppled peacefully, and the country had elected its first Published by Penn Law: Legal Scholarship Repository, 2018 democratic president. 43 45 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1 The Start of Penn Law’s $100 Million Campaign: Advocates for a New Era Q&A On April 11, Penn Law launched an ambitious preparation and training. It all depends on resources three-year campaign, Advocates for a New Era. that match our greatest points of strength and our In the days leading up to the launch, we sat down encompassing vision. with Dean Ted Ruger and discussed how the campaign aligns with the Law School’s mission. Q: You’ve said that more resources for financial aid and scholarships increases the likelihood of a more diverse class. Why is that important? Q: What is the focus of the campaign? A: We know we’re educating lawyers to enter an increas- A: As Penn Law embarks on a new campaign, we will ingly global and diverse profession. Moreover, we see that invest in priorities that chart the surest path forward for here on campus our students learn from each other as our students in unpredictable times. We must ensure well as from their professors. We want our students to greater access to a Penn Law education, and recruit and be the best lawyers they can be, not only reflecting the retain the best faculty. We must create and broaden diversity of the real world into which they will graduate, pathways to government service and public-interest law but also prepared to excel as they engage with clients and integrate knowledge. We must prepare students for and issues from multiple perspectives, whether racial, career-long success in the face of significant transitions cultural, economic, ideological, and so on. We know in law, society, and the economy. that financial aid and scholarships help achieve diversity In this time of seismic change and burgeoning by providing access to highly talented students who opportunities, it is no longer enough to have merely otherwise couldn’t afford to come here. The evidence a place at the table or a spot in the top echelon of is ample: We have numerous students who are the law schools. Penn Law must lead. We must keep first in their family to attend college; there has been a exploring, understanding, and responding through significant increase in the number of veterans at Penn groundbreaking research and new modes of student Law, and related to that there’s a scholarship called the https://scholarship.law.upenn.edu/plj/vol53/iss1/144 PENN LAW JOURNAL SUMMER 2018 46 et al.: Penn Law Journal: Engineering Change at the SEC

Dean Ted Ruger, overburdened by debt. Through scholarships, summer Professor Dorothy funding, postgraduate fellowship programs, and loan Roberts (lower repayment assistance, we offer comprehensive financial left), and a range of Penn Law students support that enables our students to focus on dreams outlined the goals over debt. Alumni support for public service makes of the campaign this comprehensive approach possible. during the kick off at the Pennovation Center, which drew Q: What is Penn Law’s standing on financial aid a large gathering in comparison to our peers, and what would it take of alumni as well as Penn luminaries and mean to close the gap? including Provost A: We have nearly doubled financial aid spending Wendell Pritchett over the last decade. While that represents significant GR’97 (right), former interim dean progress, we are still not where we need to be to com- of Penn Law School. pete with some of our peers who, quite frankly, have more financial resources than we do. Closing that gap is critical because talented students often have a Yellow Ribbon Program in which we have been more choice of law schools, and all too often their decisions, generous in our support than any other school at Penn. understandably, center on the amount of financial aid available to them. On a related note, our endowment Q: Why is it so important to support young lawyers has grown faster than any law school in the country; who aspire to careers in public service? and yet we still lag behind many of the Top 10 schools, A: The salary differential between the public and which also puts us at a competitive disadvantage. We private sectors is immense and growing. At the same need $50 million to $90 million to match some of our time, the needs in low-income communities continue peers in endowment per student. This campaign gives to rise. We recognize that not every Penn Law student us an opportunity to make strides in that direction. will be a public interest lawyer. But we believe that every lawyer can work in the public interest. There- Q: How does Penn Law’s increased emphasis fore, we have two equal priorities at Penn Law: 1) on experiential learning connect to the changing Ensure that every single law student, and ultimately legal marketplace? every Penn Law graduate, embraces the professional A: The legal marketplace is changing rapidly. Legal responsibility to serve in order to promote access to employers increasingly demand not only the excep- justice. Our award-winning pro bono program makes tional legal reasoning, research and writing skills sure that our students are exposed to a multitude of for which Penn Law students are known, but also a ways that they can provide meaningful service while host of complementary skills that will allow grad- honing their legal practice skills. It makes them better uates to add value to the work their employers do. lawyers in every sector of the profession, and it helps One of the most effective ways to learn these skills, to promote justice in our world; 2) Ensure that any which include legal project management, executive student who wishes to devote his or her time and communication, team leadership and membership talent to the public sector can do so without feeling and technological acumen is to engage in interactive,

Published by Penn Law: Legal Scholarship Repository, 2018 45 47 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

hands-on opportunities during law school and beyond. well as existing programs such as the Global Research By working with real clients in the Gittis Center for Seminar, which continues to put students face-to- Clinical Legal Studies, engaging in pro bono projects CAMPAIGN face with international leaders. Moving forward, we through the Toll Public Interest Center, pursuing PRIORITIES expect to launch a new study abroad program with the legal externship experiences and participating in London School of Economics and an externship with experiential programs and boot camps offered through the International Criminal Court at The Hague. As the Penn Law’s Center on Professionalism, Penn Law 1 rule of law comes under more stress and challenges graduates are responding to the quickly evolving Access and nationally and globally, it is imperative that we produce skill demands of the legal industry, are holistically Opportunity more graduates who are ready and equipped to step Penn Law’s prepared for practice and are equipped with the important assets onto the international stage. skill set needed to thrive in a modern professional are people: those services arena. who are learning Q: What is the plan to further expand the faculty? the law and those who educate them. A: We are committed to retaining our preeminent schol- Q: What are the new partnerships we’re striking, ars and continuing to recruit rising and established or plan to strike, and how do they intersect stars. Our approach will be focused and deliberate, with the emerging opportunities available to enhancing Penn Law’s leadership in emerging areas Penn Law students? 2 of law and in more established areas of practice. We Investing A: Consistent with Penn’s commitment to integrating in Leaders intend to recruit junior faculty who have established knowledge, Penn Law has partnered with key organi- Penn Law themselves as having great intellectual and teaching anticipates zations and schools to ensure that the preparation the changing potential, while also attracting more senior leading it provides to students is cutting edge, informed by environment lights in legal academia. experts, practitioners and intelligence from a variety of in which law is practiced. perspectives and enhanced by exposure to real-world Q: Explain the impact on society of the work being opportunities. Each of these partnerships is designed done at Penn Law’s centers and institutes. to better prepare Penn Law students for modern legal A: Penn Law educates and encourages students to practice, which is increasingly characterized by greater 3 become leaders who develop solutions to intractable Pathways to collaboration among lawyers and professionals from Public Service problems facing our country and the rest of the world. other disciplines. One such partnership is with the Penn Law will We set an example here through our 11 academic centers National Constitution Center, which is developing an continue to build and institutes which promote research to examine upon programs internship program for Penn Law students who will that create complex legal issues. have the opportunity to conduct research at the NCC. pathways to For example, The Center for Technology, Innovation Penn Law offers a breadth of cross-disciplinary careers in & Competition is collaborating with students on an public interest opportunities for students to learn from world-class and government. initiative to help provide Internet service to the most faculty and students in Penn’s other prestigious remote regions of the world. More than 600 case studies graduate schools. For example, Penn Law has joined that demonstrate ways to overcome barriers have been forces with Penn Engineering to pioneer a comprehen- compiled in service of that goal. The Quattrone Center sive Law & Technology Program aimed at preparing 4 for the Fair Administration of Justice made a major Transformative students for careers at the intersection of law and Thinkers contribution to criminal justice reform with a much- technology. Penn Law also partners with the Wharton Penn Law is cited study of the cash bail systems in Harris County, committed Public Policy Initiative to secure summer funding for to retaining Texas and in Philadelphia that laid bare the negative students interested in pursuing internships in public and recruiting effect that system has on low-income individuals. It has policy, particularly in Washington, D.C. These and transformative generated a great deal of discussion and subsequent thinkers many other cross-disciplinary opportunities that and scholars. momentum for change. Recommendations by the Penn Law offers its students better prepare them for a Penn Program on Regulation on how to improve professional world in which distinct borders between regulatory decision-making were adopted by the disciplines continue to fade. Administrative Conference of the United States, an 5 independent “good government” agency within the New Era Q: How will Penn Law grow its international Discoveries federal government. Finally, the Center for Ethics and footprint going forward? Penn Law’s 11 the Rule of Law (CERL) explores the moral dimensions cross-disciplinary A: The practice of law today is necessarily global, no academic centers of war and transnational conflicts, focusing on issues matter your location. With that in mind, Penn Law and institutes from cyber warfare to executive privilege to PTSD in seeks to connect students to the world, as we expand the promote research veterans returning from Afghanistan and Iraq. Recently, that yield definition of classroom. Our ever-expanding curriculum solutions in law CERL brought General Michael Hayden to campus provides students with a platform to learn about and and policy. for a frank discussion of Russian intervention in the address complex cross-border issues. There are new U.S. election. Clearly, Penn Law is at the forefront of initiatives with the United Nations and UNESCO as critical policy debates. https://scholarship.law.upenn.edu/plj/vol53/iss1/146 PENN LAW JOURNAL SUMMER 2018 48

et al.: Penn Law Journal: Engineering Change at the SEC

Bernard G. Segal Professor of Law. “The Law School prides itself on its public service ethos, and this gift supports us in strengthening that commitment.” The Tolls’ gift will also establish Alumni Impact Awards, which will recognize Penn Law graduates for their exceptional work in the public interest, and which will comple- ment the existing Toll Loan Repayment and Assistance Program (TolLRAP) for alumni working in public interest and public service who are paying off student debt. “Our students and alumni are making such a powerful impact on the lives of low-in- come clients and marginalized communities,” said Arlene Finkelstein, associate dean for Robert Toll L’66 Public Interest Programs and executive and Jane Toll director of the Toll Public Interest Center. GSE’66 make new “Their advocacy as members of nonprofit gift to increase access to public PENN LAW RECEIVES organizations, in government service, and as service careers. $3 MILLION GIFT TO pro bono volunteers is expanding the capacity of all to respond to the increased poverty EXPAND PUBLIC and inequality we face locally, nationally, and INTEREST PROGRAMS, globally. We are deeply grateful for the Tolls’ ESTABLISH PUBLIC ongoing support for public service so that we SERVICE CORPS can continue to expand our programs to train and support the next generation of public enn Law School has interest lawyers.” received a $3 million gift Penn Law’s public interest program was from Robert Toll L’66 and founded in 1989 and was renamed the Toll Jane Toll GSE’66 to create Public Interest Center (TPIC) in 2006, in and launch the new Toll recognition of a $10 million gift from the Tolls, Public Service Corps, while which significantly expandedTPIC ’s activities. expanding the Toll Public Interest Scholars Since then, the continuing generosity of the Pprogram, and funding additional financial Tolls has allowed for the growth and expan- and career support for alumni through loan sion of TPIC’s activities. TPIC is now a hub forgiveness. of wide-ranging service at Penn Law. TPIC The new Toll Public Service Corps will be oversees the Penn Law pro bono program, a cadre of students who aspire to advance facilitating a wide array of pro bono and equity and justice as public interest lawyers. public service opportunities through which The Service Corps will include an expanded all law students engage in impactful service number of Toll Public Interest Scholars, JD while honing critical legal skills. students who upon admission to Penn Law Robert Toll is the executive chairman receive full tuition scholarships; the gift will of the Board of Toll Brothers, Inc. and has also fund new scholarships for second- and been a member of the Law School’s Board of third-year students who plan to dedicate their Overseers since 1992. He is a former member careers to public service. of the Penn Board of Trustees and currently “This generous gift from the Tolls further serves on the board of directors of Cornell increases access for Penn Law students to Real Estate School; Seeds of Peace, which he pursue impactful public service careers,” and his wife Jane co-founded; Beth Shalom said Ted Ruger, dean of the Law School and Synagogue; and the Metropolitan Opera.

Published by Penn Law: Legal Scholarship Repository, 2018 47 49 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

CLASS NOTES

FINE PRINT

1950s

The Hon. Carolyn Temin FA’55, L’58  was appointed as the first assistant for new Philadelphia District Attorney Larry Krasner. Judge Temin served three decades on the Common Pleas Court before retiring in 2012, having overseen homicide proceedings at the Criminal Justice Center through- out the 1990s. In 2006, she became a senior judge and recently worked overseas on legal projects in Bosnia- Herzegovina, Serbia, and Honduras.

https://scholarship.law.upenn.edu/plj/vol53/iss1/148 PENN LAW JOURNAL SUMMER 2018 50 et al.: Penn Law Journal: Engineering Change at the SEC

Harold Berger EE’48, L’51, a managing Paul Heintz L’65, a partner at Ober­ president for the Legal Aid Society of principal of Berger & Montague, was mayer Rebmann Maxwell & Hippel, the Orange County Bar Association, honored by Penn Law School as the LLP in Philadelphia, was named a 2017 Inc. Rosenbluth has been active in recipient of its Lifetime Commitment Pennsylvania Super Lawyer for his various community organizations Award. Berger serves as a member of work in estate planning and probate. over the years and holds several acco- the board of overseers of Penn’s School lades, including the Orange County of Engineering and Applied Science, Gilbert High, Jr. L’65, a partner at Bar Association’s 2016 William B. as chair of the Friends of Penn’s High Swartz, LLP, was named a 2017 Trickel, Jr. Professionalism Award for Biddle Law Library and as a member Pennsylvania Super Lawyer for his representing the best in practice, ser- of the executive board of Penn Law’s work in state, local and municipal vice, professionalism, ethical conduct, Center for ­Ethics and the Rule of Law. law. In addition, he was named to demeanor and high moral standards At Berger & ­Montague, he is a senior The Best Lawyers in America 2018 list in the legal community. partner and managing principal of for his work in land use and zoning, the firm and serves on its executive real estate litigation and municipal Jeffrey Gilbert L’69 was elected a committee. law. He was also recognized as State, board trustee to America’s Public Local & Municipal 2018 Lawyer of the Television Stations. Year in Philadelphia. 1960s J. Freedley Hunsicker, Jr., L’69, senior Roger Goldman L’66 was inducted into counsel at Fisher Phillips’ Philadelphia the Saint Louis University School of office, was included inThe Best Law- Law’s Order of the Fleur de Lis, which yers in American 2018 list for his work The Honorable Thomas Nugent W’59, is the law school’s highest honor. He in labor and employment law. Hun- L’62 joined Judicate West’s roster of joined the school’s faculty in 1971 and sicker has been listed on Best Lawyers mediators focused on private dis- is currently the Callis Family Professor for more than 20 years. He represents pute resolution at the group’s San of Law Emeritus. Goldman taught employers in a broad range of labor Diego office. Judge Nugent was first courses in civil procedure, criminal and employment issues including appointed to the San Diego Superior procedure, constitutional law and union organizing, discrimination, col- Court in 1998 by Gov. Pete Wilson, federal courts for 40 years and has lective bargaining, labor arbitration and he retired in 2015. On the bench, received multiple writing and teach- and wrongful discharge and sexual he acted as an independent calendar ing awards; he served as associate harassment litigation. judge and oversaw more than 800 civil dean twice and as interim dean for lawsuits, conducted settlement confer- one year. In addition to helping states Hugh Wise L’69 authored his first ences in civil litigation and mediated write and adopt laws to prevent repeat book, The Little Lead Soldier (West­ nearly 100 matters. police officer misconduct, Goldman holme Publishing). The book features has written several articles and books letters Wise’s grandfather, an Army Stephen Cozen C’61, L’64, founder on constitutional law and criminal colonel, wrote to his father while and chairman of Cozen O’Connor, procedure and is frequently sought fighting in France during World War I, joined the board of managers of The out by both national and local media culiminating in the decimation of Philadelphia Foundation. The orga- for commentary. the colonel’s regiment in the Meuse- nization, which has served greater Argonne Sector in the war’s final days. Philadelphia since 1918, seeks to Emery Rosenbluth, Jr. L’66 received Wise has practiced civil trial and appel- improve the region by growing effec- an inaugural Pro Bono Merit Award late law throughout western Colorado tive philanthropy and engagement, from the Ninth Judicial Circuit in from offices in Grand Junction and and it builds, manages and deploys honor of his commitment to his Aspen since 1969. money from more than 900 charita- community. He is of counsel at the ble funds. Cozen is a fellow at both Orlando office of Broad and Cassel the American College of Trial Lawyers LLP, where he works in the commer- 1970s and the International Academy of cial litigation practice group. He is Trial Lawyers and Litigation Counsel also a certified civil circuit court medi- of America. He serves on numerous ator for the Florida Supreme Court; a Robert Whitelaw L’70, a partner education and philanthropic boards, certified mediator for the U.S. District at Obermayer Rebmann Maxwell including The National Museum Court, Middle District of Florida; a & Hippel, LLP in Philadelphia, was of American Jewish History, where certified mediator for the Florida named a 2017 Pennsylvania Super he is first vice-chair elect, and the Fifth District Court of Appeal; a qual- Lawyer for his work in family law. University of Pennsylvania’s Law ified Florida arbitrator; and a past School Board of Overseers.

Published by Penn Law: Legal Scholarship Repository, 2018 49 51 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

Mitchell Bach W’68, L’71, the co-chair Stephen Berger C’69, L’72, a part- the National Liberty Museum and Ben- of commercial litigation at Eckert ner at Wyatt, Tarrant & Combs, LLP’s Gurion University of the Negev, and Seamans Cherin & Mellott, LLC in Louisville, Ky., office, was named to a member of the Union League and Philadelphia, was listed in the 2017 The Best Lawyers in America list for Germantown Cricket Club. She is an edition of Pennsylvania Super Lawyers his work in public finance law. He is avid tennis player and competes on for business litigation. a member of the firm’s corporate and several USTA teams, and she recently securities service team and concen- completed a ride from Jerusalem to Jane Leslie Dalton L’71 was recog- trates his practice in arbitrage and tax Eilat, cycling 175 miles in six days. nized by Continental Who’s Who as a compliance issues, as well as public Pinnacle Lifetime Member in the field and corporate finance law. Nancy Altman L’74 was appointed by of law in recognition of her role as of House Minority Leader Nancy Pelosi counsel at Duane Morris LLP. She has The Honorable Randy Holland L’72, to the Social Security Advisory Board. more than 40 years’ experience in the who retired from the Delaware The board is a bipartisan, indepen- areas of ethics, public speaking and Supreme Court in March after serv- dent federal government agency that in defending controversial and pub- ing more than 30 years, joined the advises the President, Congress and licized legal battles. She has served as Wilming­ton, Del., office of Wilson the commissioner of Social Security chair of the Pennsylvania Bar Associ- Sonsini Goodrich & Rosati in May as on matters of policy and adminis- ation Insurance and Trust Fund; as senior of counsel. He was appointed tration of the Old-age, Survivors and co-chair of the PBA’s Commission on to the Delaware Supreme Court by Disability Insurance and the Supple- Women in the Profession; as president Gov. Michael Castle in 1986, and in mental Security Income programs. of the Metro -politan Bar Caucus of the 2009, became the longest-serving jus- Altman has 40 years’ experience in National Conference of Bar Presidents; tice in Delaware history. work involving Social Security and and as a chancellor of the Philadelphia private pensions, and she is the pres- Bar Association. R. Bruce Rich L’73 was elected chair of ident of Social Security Works and the board of directors for EL Education, chair of the Strengthen Social Secu- Steven Friedman L’71 was appointed a K–12 nonprofit. For the past nine rity coalition and campaign. to the Thomas Jefferson University years, he has been a member of the and Jefferson Health Board of Pres- board’s executive, finance and strat- Ronald Fieldstone W’72, L’74, WG’74, idential Advisors by president and egy committees and served as vice a senior partner of Arnstein & Lehr CEO, Stephen Klasko WG’96. Fried- chair. Rich is a senior partner and LLP, served as the chair of Arnstein & man will serve a three-year term on the co-head of the intellectual property Lehr’s “2017 Annual Advanced EB-5 13-member board that advises Klasko, and media practice at Weil, Gotshal Seminar” in Miami, Fla., and also connects Jefferson’s leaders to vari- & Manges LLP, and he has overseen participated on a panel in Beijing ous opportunities and serves as the the firm’s pro bono legal assistance titled “Regional Centers & Developer institution’s high-level ambassadors. for the organization. He also serves Round Table — What Types of Projects Friedman is a corporate and commer- as lecturer in law at Penn Law and is are being Underwritten for EB-5 cial litigation partner at Duane Morris a member of the Counsels’ Council Capital Considering the Program’s in Philadelphia, and also serves as a of Lincoln Center and the board of Uncertainties and Does Size Matter?” legal and personal advisor to Israeli advisors of the Committee to Protect He has been serving as corporate/ Prime Minister Benjamin Netanyahu. Journalists. securities counsel for multifaceted industries involving EB-5 program Mark Pollak L’71, GCP’72 was ap- Sherrie Raiken Savett CW’70, L’73  offerings and represents developers, pointed secretary to the board of direc- was named chairwoman of Berger & regional centers and agents in EB-5 tors for the Waterfront Partner­ship Montague, PC. She is the first woman matters, including more than 300 of Baltimore. He has more than 30 to hold that position in the firm’s EB-5 projects with a combined capi- years of experience in real estate and 48-year history. Savett had previously tal raise in excess of $7 billion. finance, including representing a held several leadership roles at the major NFL team in the development­ firm, including service on Berger & Elliott Hahn C’71, L’74 was reelected and financing of its $250 million sta- Montague’s executive committee first vice president and a member dium, serving as counsel to the entity for decades and co-chair of the com- of the board of directors of the AEA that established the Cadillac Grand mercial litigation, securities and International Lawyers Network, the Prix of Washington and assisting devel- investor protection, data breach largest international network of attor- opers in real estate projects throughout and False Claims Act practice groups. neys, at its annual meeting in June. At downtown Baltimore. She joined the firm in 1975. Savett is that meeting, held this year in Prague, also a board member of the National he spoke to attendees on enhancing Museum of American Jewish History, the visibility of a small law firm. https://scholarship.law.upenn.edu/plj/vol53/iss1/150 PENN LAW JOURNAL SUMMER 2018 52 et al.: Penn Law Journal: Engineering Change at the SEC CLASS NOTES

H. Ronald Klasko L’74, a ­founding presentation on civil practice in the practice in Philadelphia. For more partner of Klasko Immigration Law Court of Common Pleas for the tenth than 30 years, Ellis has defended Partners, has been appointed a mem- consecutive year. employers in discrimination lawsuits ber of the Investment Migra­tion and whistleblower actions, as well as Council’s governing board. The Coun- Nancy Loeb Rackoff CW’73, L’75, who trade secret and noncompete matters. cil is a global association for investor in February joined Eckert Seamans He is co-chair of Littler’s whistleblower migration and citizenship-by-invest- Cherin & Mellott, LLC’s Pittsburgh and retaliation practice group and reg- ment, bringing together the leading office as a partner and member of its ularly publishes and speaks before stakeholders in the field and giving estates and trusts group, was listed various groups on timely labor and the industry a voice. He was named in the 2017 edition of Pennsylvania employment issues. Ellis is a member to The Best Lawyers in America 2018 Super Lawyers for estate and probate. of the Labor and Employment Section list for immigration law and to the list Additionally, she was honored with a of the American Bar Association. In of the top 25 EB-5 lawyers in the coun- YWCA Greater Pittsburgh’s Tribute to addition to his Best Lawyers ranking, Women in Leadership Award in the try by EB5 Investors Magazine. He also he has received the AV Peer Review participated in the 2017 American Business & Professional Services cat- Rating by Martindale-Hubbell. Immigration Lawyers Association’s egory in May. EB-5 Investors Summit, where he Mark Kadzielski L’76 joined Barker­ Thomas Rees L’75, a partner at High was a discussion leader for the panel Hostetler’s national healthcare Swartz, LLP, was named a 2017 Penn­ titled, “Representing Clients in Failed industry team as a partner at the sylvania Super Lawyer and to The Best or Fraudulent Projects.” Additionally, firm’s Los Angeles office. He previous- Lawyers in America 2018 list for his Klasko presented on the outlook for ly headed Pepper Hamilton’s West work in employment and labor. immigration legislation and ethical Coast health law practice. Kadziels- ki is a frequent writer and presenter issues in representation of foreign Keith Welks L’75, deputy treasurer on trends in the healthcare indus- nationals in a changing environment, for fiscal operations and senior advi- try and serves on the editorial board along with EB-5 immigration topics, sor for policy at the Pennsylvania of Bloomberg BNA’s Health Law Re- at the American Immigration Lawyers Treasury Department, was honored porter. He has been annually ranked Association (AILA) Latin America and in April with the 2017 Pennsylvania since 2005 as a top-tier California Caribbean­ Chapter 2017 CLE Confer- Bar Association Environmental and healthcare lawyer by Chambers USA: ence. In February, he presented at the Energy Law Section Award during America’s Leading Lawyers for Busi- 11th Global Residence and Citizen­ the section’s Environmental Law ness. For almost 30 years, The Best ship Conference in Hong Kong on the Forum. He received the award for his Lawyers in America has selected him E-2 (Treaty Investor) Visa, which when environmental protection advocacy for its healthcare section, and he is paired with the Grenada Citizenship and efforts. Welks identifies invest- recognized in Southern California by Investment program, could be a ment opportunities in green or clean as a Super Lawyer in health law. He solution for Chinese investors to technologies. In addition, he helped was inducted in 2005 to the inaugu- avoid the 10 year EB-5 backlog. establish the KeystoneHELP program, ral class of Fellows by the American which has provided more than 14,000 Carrie Menkel-Meadow L’74 received Health Lawyers Association; he was low interest loans to homeowners­ the 2018 American Bar Foundation one of four Californians and 40 at- who install energy conservation mea- Fellows Outstanding Scholar Award torneys nationwide selected for the sures. He also was integral in the for her decades-long work in creat- honor review and credentialing pro- Pennsylvania Treasury’s creation ing, building and internationalizing cesses and has prepared more than of Warehouse for Energy Efficiency the field of alternative dispute resolu- 200 sets of medical staff bylaws. Loans (WHEEL), the first national tion, and for her major contributions financing facility that provides home- to the studies of the legal profession Michael Kline L’76 was appointed a owners with low-cost financing for and feminism. She is the Chancellor’s depart­ment hearing officer for the Penn­ home improvements by creating a Professor of Law at UC-Irvine Law. sylvania Department of Transportation­ secondary market for residential clean by Secretary of Transpor­tation Leslie Douglas Shachtman L’74 was voted energy loans via securitization. Richards. by members of the Delaware Bar, as Edward Ellis L’76, a shareholder polled in the November 2016 monthly Bruce Ludwig L’76, a partner in the at Littler, the world’s largest largest magazine of Delaware Today, as a Top labor department at Willig, Williams & labor and employment law practice Lawyer in Delaware. Also, in a two- Davidson in Philadelphia, was named representing management, was rec- day seminar sponsored and required a 2017 Pennsylvania Super Lawyer. ognized by The Best Lawyers in America by the Delaware Supreme Court for as “Lawyer of the Year” within his newly-admitted lawyers, he made a

Published by Penn Law: Legal Scholarship Repository, 2018 51 53 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

Michael Malloy L’76 had the first planning, asset protection plan- Distribution business spinoff and of four 2017 supplements to his ning, charitable planning, trust and charged with helping it transition three-volume treatise, Banking Law estate administration and fiduciary into a separate business. In February and Regulation, released in January litigation. Terrill is nationally known 2017, Fradin retired after 17 years by law publisher Wolters Kluwer. The for his work on ACTEC’s Financial at Honeywell as vice chairman, hav- 492-page supplement covers current Action Task Force and is recognized ing been responsible for advancing developments­ on the regulation of as an authority on asset protection the company’s merger and acquisi- depository institutions, analysis of the planning. tion strategy. Federal Reserve and FDIC’s rejection of the resolution and recovery plans Robert Evans L’77 was named the Vernon Lynch, III L’78 joined Lerch, of five major financial services firms, new chairman of the Governor’s Early & Brewer as a principal in its and revised sections on restrictions on Crime Commission by North Carolina real estate practice. He was previ- bank mergers. He also comments on Governor Roy Cooper. He has been the ously senior legal counsel for Federal the emerging financial crisis involving district attorney for Nash, Edgecombe Realty Investment Trust, where he was Deutsche Bank, the Brexit referen- and Wilson counties since 2009. The responsible for handling about 500 dum’s impact on banking, the June commission serves as the chief advi- leasing and related transactions for 2016 Fed report on stress tests of 33 sory body to the governor and the retail shopping centers and mixed- banking enterprises, and on the public Secretary of the Department of Public use properties. scandal over Wells Fargo Bank’s prac- Safety on crime and justice issues. James Nevels L’78, WG’78 joined XL tice of opening unauthorized accounts It also sets program priorities and Group Ltd’s board of directors. He in the names of bank customers. reviews, and makes recommenda- tions to the governor for grants. has extensive financial services and Bella Schnall CW’73, L’76 was elected board experience, including as chair- partner at Greenblatt, Pierce, Funt & Richard Green L’77, WG’78 was named man of The Swarthmore Group, an Flores. She is director of the firm’s Drexel University’s LeBow College of investment advisor firm he founded family law division and handles mat- Business’ 2017 Business Leader of in 1991, and as chairman (2009–2015) ters including divorce, child support the Year. Green is chairman and CEO and lead independent director (2015– and child custody cases as well as of Firstrust Bank, a full-service com- 2017) of The Hershey Company. drafting of pre- and post-nuptial agree- mercial bank headquartered in the The Honorable Sue Robinson L’78  ments. She practices in state court Philadelphia region. In September he joined the Wilmington, Del., office in Philadelphia, Montgomery and acquired the majority voting shares of Farnan, LLP as a partner after Bucks counties. and control of the institution from his father, Daniel Green, W’43. The more than 25 years of service on the The Honorable Jerome Simandle L’76, move was part of an orderly transi- state’s bench, including a period as the chief judge of the U.S. District tion of the bank’s family ownership. Delaware District chief judge. Robin- Court in New Jersey, assumed senior son is a member of Farnan’s patent status in May and went into semi-­ Howard Langer L’77 was elected to and commercial litigation practice. retirement. He became chief judge in the board of directors for the Public Appointed to the bench in 1991 by 2012. He was nominated to the federal Interest Law Center, a nonprofit law President George H.W. Bush, Judge district courts in 1992 by President firm that advances the civil, social Robinson specialized in patent cases, George H.W. Bush. and economic rights of communi- and established new rules and proce- ties in the Philadelphia region facing dures to increase efficiency. John Terrill, II L’76 was elected presi- discrimination, inequality and pov- dent of the American College of Trust erty. Langer is a founding partner of Edward Ryan C’75, L’78 retired from and Estate Counsel (ACTEC) at the Langer, Grogan & Diver, where he his post as executive vice president organization’s annual meeting in specializes in complex commercial and general counsel of Marriott March. As president-elect, his term litigation, particularly antitrust law. International, Inc. He had served as is slated to begin next March. Ter- He has also been a visiting professor general counsel for the past 11 years. rill is a founding partner of the West at the University of Tokyo Law School In early December, he transitioned Conshohocken and Philadelphia and a visiting fellow at the Centre for into an advisory role to the compa- firm of Heckscher, Teillon, Terrill & Competition Law and Policy at the ny’s president and CEO, which he will Sager, a 16-attorney boutique trusts University of Oxford. continue through 2018. Most recently and estates, tax planning and fidu- before his retirement, Ryan guided ciary firm. He has more than 40 years’ Roger Fradin W’75, WG’76, L’78 was Marriott International’s merger with experience handling all types of trust appointed chairman of the board Starwood. and estate matters including estate for Honeywell’s Homes and Global https://scholarship.law.upenn.edu/plj/vol53/iss1/152 PENN LAW JOURNAL SUMMER 2018 54 et al.: Penn Law Journal: Engineering Change at the SEC CLASS NOTES

Richard Schifter L’78 was named also a visiting fellow at Kellogg College bankruptcy practice group. He is also to Caesars Entertainment Corpo- of the University of Oxford, where she the founder and past co-chair of both ration’s new board of directors teaches international criminal law the St. Louis Public Schools Founda- following the completion of its pre- and human rights law. tion and the Inner-City High School viously announced merger with Summer Internship Program. In 2014, Caesars Acquisition Company and he was appointed by the Commis- the con­clu­sion of the restructuring 1980s sioner of Education of the Missouri of Caesars Entertainment Operating Department of Elementary and Sec- Company, Inc. and its debtor subsid- ondary Education to the Normandy iaries. Schifter is a senior advisor at Alan Berkowitz L’80, a labor and School District Transition Task Force. TPG Capital, where he had previously employment partner at Dechert, Cousins has provided pro bono ser- been a partner from 1994 to 2013. LLP, was elected a new fellow by The vices to the NAACP and has received He also serves on the boards of LPL College of Labor and Employment multiple honors from the organiza- Financial Holdings, Inc., American Lawyers. Fellows are elected in rec- tion. He was also named among the Airlines Group, and Youth, I.N.C., as ognition for sustained outstanding Missouri Lawyers Weekly Influential well as on the board of overseers at performance in the profession, exem- Lawyers of 2018. Penn Law School. plifying integrity, dedication and George Croner L’80 became a senior excellence. At Dechert, he represents Patricia Igoe L’79 was honored as fellow at the Foreign Policy Research employers in a range of employment an “Industry Leader” for professional Institute, where he writes and litigation disputes including cases services at the researches on foreign intelligence Providence Business alleging discrimination, breach of ’ tenth annual Business Women and national security issues. He retired News contract, employment torts, non-com- Awards ceremony in May. She is the from the Philadelphia firm of Kohn, pete violations and wage and hour partner in charge of Robinson+Cole’s Swift & Graf in 2016 after 28 years in violations. His experience includes Providence, R.I., office, where she is a private practice. Recent published arti- class action and individual litigation member of the firm’s finance group. cles include “The Clock is Ticking: Why in federal and state court as well as Her practice includes a broad range Congress Needs to Renew America’s handling unfair labor practice pro- of commercial lending, real estate, Most Important Intelligence Collection ceedings before the National Labor and business transactions, and she Program,” which was published in four Relations Board and labor arbitration is particularly known for her legal installments. A condensed version also proceedings in a variety of industries. work in the precious metal, jewelry, appeared in the fall edition of the print and electronic industries. Steven Cousins L’80 and his wife periodical, The Intelligencer: Journal of Holly were chosen by the St. Louis U.S. Intelligence Studies. Other articles John Sarchio L’79 joined Crowell & County branch of the NAACP to receive have included commentaries regard- Moring, LLP as a partner in the firm’s the 2017 Norman R. Seay/Frankie ing pending legislation to extend key insurance/reinsurance and corporate Muse Freeman Commitment to St. provisions of the Foreign Intelligence groups in New York. He was previously Louis Award for their dedication to Surveillance Act (FISA). a partner at Dentons, LLP. the St. Louis area. Holly is a former Charles Forer L’80, after practicing at a elementary school teacher and the Robert Schneider L’79, WG’79 was law firm for 36 years, is now a full-time founder and president of Special named a Lifetime Achiever in Marquis arbitrator and mediator at Charles Friends Extended, a mentorship pro- F. Who’s Who for his nearly 40 years of Forer Alternative Dispute Resolution gram serving two school districts and successful industry experience and Services. He has published numerous seven schools. Steven Cousins was leadership. He has worked as spe- articles on alternative dispute resolu- also chosen by The Missouri Bar Foun- cial counsel for Cuddy & Feder LLP tion issues, and he is a contributing dation to receive the Martin J. Purcell since 1997. columnist to the Philadelphia Legal Award, which honors outstanding Intelligencer. Forer has been an adjunct Patricia Viseur Sellers L’79 was professionalism in a Missouri lawyer lecturer at The Wharton School for appointed special adviser on gender who has consistently demonstrated more than 25 years, and teaches dis- to Fatou Bensouda, the prosecutor of an exceptional degree of compe- pute resolution at Villanova Law School. the International Criminal Court. In tency, integrity and civility in both this role, she focuses on strengthen- professional and civic activities. Cous- Reginald Jackson L’80, a partner at ins is a partner in financial and real ing the court’s approach to a range of Vorys, Sater, Seymour and Pease LLP’s gender issues and office-wide strategic estate services at Armstrong Teasdale, Columbus, Ohio, office, was named responses to sexual and gender-based where he founded the firm’s finan- to the 2018 Best Lawyers in America crimes under the Rome Statute. She is cial restructuring, reorganization and List for his work in bankruptcy and

CONTINUED ON PAGE 55 Published by Penn Law: Legal Scholarship Repository, 2018 53 55 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

ILLUSTRATION: BRIAN STAUFFER

Corriel Composes Career ‌That Melds Law and Song

Matt Corriel L’13 could be the only student who found his way He got his first songwriting commission while at Harvard. to Penn Law School through song. Nearing graduation, he was at a party when a Massachusetts After college, Corriel, a composer, wrote a musical called theater owner approached him and asked if he would create an “The Yatesville Tragedy.” The play confronted the eternal adaptation of “A Christmas Carol.” Five musicals would follow question: Are we our brother’s keeper? That ethical conundrum over the next three years. drove Corriel to law school, where he says he hoped to gain a And then law school. better understanding of what law has to say about that question During those three years, he took a sabbatical from and to hone his writing voice. songwriting, but was no less productive. Corriel was the Which he did, on both counts. “Being a dramatist makes inaugural symposium editor on the University of Pennsylvania me a better lawyer and being a lawyer makes me a better Law Review, a legal writing instructor, and co-president of dramatist,” says Corriel, a former associate at Paul Weiss who the Penn Intellectual Property Group. In addition, after law recently decided to take a sabbatical from the practice of law school graduation he served as the faculty fellow for the to concentrate on music. Center for Technology, Innovation and Competition at the Law If song was the vehicle, then his route to law school began School — which he describes as a period in which he sated his a lot earlier — in grade school. One summer, after his first piano curiosity about a potential academic career. lesson, he rushed home and composed his first song on a toy Penn Law behind him, Corriel makes time to write songs. Casio keyboard. It was, he admits, nothing to write home about, “I write on the train, I write on the subway, I write in the shower, I even though it was about the place of his birth, Nanuet, NY. write when I’m walking the dog. I’m always working some phrase, He was only 10 years old. Flash forward 25 years and his some couplet that I’m trying to get just right.” song catalog numbers at least 500, with six musicals to his In the last few years Corriel has returned to what he calls credit, including Yatesville, written in 2007. (Corriel’s plays have his magnum opus, Emcee MC’s Tales to D.C. Town. It is an been performed in 25 states, he says.) adaptation of The Canterbury Tales, set on a bus from Boston to His songwriting mantra: polish, polish and polish some Washington, D.C., on the eve of President Obama’s inauguration. more, like any form of writing. He followed his own advice Thirty pilgrims take turns telling one true American story each, through high school and college at Harvard University, where, says Corriel. It is a work in progress. Corriel is still trying to after graduation, he was operations director of the Freshman get it just right. Arts Program among other roles.

https://scholarship.law.upenn.edu/plj/vol53/iss1/154 PENN LAW JOURNAL SUMMER 2018 56 et al.: Penn Law Journal: Engineering Change at the SEC CLASS NOTES

creditor rights/insolvency and reorga- Fame honors local business leaders. Center, the York County Community nization law; he was also named to the de Picciotto is the founder and pres- Foundation as the vice chair, the York Ohio Super Lawyers list for his work in ident of Octagon, a global sports and Health Foundation as the chair and bankruptcy and creditor/debtor rights entertainment agency that represents the WellSpan Medical Group. law. He has significant experience in top athletes including Michael Phelps, the insolvency field and all aspects of Simone Biles and Stephen Curry. Kyra McGrath L’81 was elected in commercial collections and work- January to the board of trustees for outs, including loan restructurings, David Gitlin GL’81 joined Royer Cooper Salus University in Elkins Park, Pa. forbearance arrangements, receiv- Cohen Braunfeld, LLC in Consho- Salus University specializes in degree erships and foreclosures. hocken, Pa, as a partner in corporate programs for the healthcare profes- and business law. He was previously a sions with programs in optometry, Alan Silverman L’80, WG’80, who had partner and shareholder at Greenberg audiology, speech-language pathol- been senior vice president, general Traurig’s Philadelphia office. ogy, physician assistant, blindness counsel and secretary of Cable One, and low vision, occupational ther- Inc., retired at the end of 2017. He was Francine Friedman Griesing L’81  apy, public health and biomedicine. with the company for 32 years, during spoke at Women’s Entrepreneurship which time he spearheaded and over- Day Philadelphia on “Grit: Secret Renee Chenault-Fattah L’82 was saw several acquisitions. Silverman Recipes of Successful Women named to the board of directors for also managed the legal department’s Entrepreneurs.” She was also recently the African Bicycle Contribution handling of complex legal and regu- selected by Women’s Enterprise Foundation, a Philadelphia-based latory issues. He currently serves on Magazine as one of the 2017 Top WBE nonprofit that raises funds to buy the endowment board of the Walter CEOs. Additionally, Griesing was fea- and distribute bamboo bicycles to Cronkite School of Journalism and tured in Huffington Post’s list of “99 under-resourced students, small Mass Communication at Arizona State Limit Breaking Female Founders,” farmers and healthcare workers in University and on the board of the where she shared the most important rural Ghana. Chenault-Fattah, who Hance Park Conservancy in Phoenix. lessons learned from her experience was most recently a main co-anchor, as the founder and managing member reporter and legal correspondent David Cohen L’81 was elected co-chair of Griesing Law, a full service wom- for Philadelphia’s NBC station, also of City Year’s national board of trust- an-owned firm in Philadelphia. serves on the boards of Johns Hopkins ees. He has served as vice-chair of University and Springside Chestnut the board since 2013. City Year is an Jay Levin C’77, L’81 joined the law Hill Academy. education nonprofit that works to firm Offit Kurman and was appointed bridge the gap in high-poverty com- as the new practice group leader for Philip Miscimarra L’82, WG’82  munities between the support that the insurance recovery group, which returned to Morgan Lewis as a part- students actually need and what their was recognized by Chambers USA ner in the firm’s Washington, D.C., and schools are designed and resourced for insurance law in Pennsylvania. Chicago offices. He was most recently to provide. Cohen, the senior execu- Additionally, he was selected as a the chairman of the U.S. National tive vice president and chief diversity Band 1 ranked attorney for insur- Labor Relations Board. At Morgan officer of Comcast NBCUniversal, has ance law in Pennsylvania. Lewis, he leads the firm’sNLRB spe- played a key role in helping to build cial appeals practice and is co-leader Jeffrey Lobach L’81, managing part- City Year’s partnership with Comcast of Morgan Lewis Workforce Change, ner at Barley Snyder, LLC, received the NBCUniversal, which has invested which manages all employment, labor, “York Distinguished Citizen Award” more than $90 million in cash and benefits and related issues arising from the New Birth of Freedom in-kind support to City Year since from mergers, acquisitions, startups, Council of the Boy Scouts of America. 2003. Cohen also became the new workforce reductions, and other types Lobach, who became an Eagle Scout board chairman of the Philadelphia of business restructuring. Miscimarra in his youth, has been an active volun- Theatre Company in July. He joined is also a senior fellow at the Wharton teer with the Boy Scouts as a den leader the company’s board in October 2015. School and the Wharton Center for and assistant scoutmaster for more Human Resources. Philip de Picciotto L’81 was inducted than three decades, including service into the Washington Business Hall to the New Birth of Freedom Council, Oluwagbemiga Oyebode GL’82 joined of Fame at its 30th annual cere- which governs locally over Boy Scout the Teach For All board of directors. mony in November. Known as the troops in six central Pennsylvania As chairman of Teach For Nigeria, “Academy Awards of business” in the counties. Lobach also holds board Oyebode has championed greater Washington, D.C., area, the Hall of positions at the York County History access to and quality of education

Published by Penn Law: Legal Scholarship Repository, 2018 55 57 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

through his support of innovative Amazon. He has 35 years of trial expe- Jay Dubow W’81, L’84, a partner at programs to increase enrollment rience, including arguing before the Pepper Hamilton, LLC, is one of three and school completion rates. Oye- U.S. Supreme Court. His law practice, attorneys heading the firm’s new can- bode has served as the chairman of The Myers Firm, is a personal injury nabis industry group, which will serve Nigeria’s foremost commercial law law firm that handles railroad, truck clients in the realm of legal marijuana, firm, Aluko & Oyebode, since 1993. and auto, nursing home negligence including marijuana financiers, inves- In addition, he serves on the boards and medical malpractice cases. tors and ancillary businesses. of Nestlé Nigeria, MTN Nigeria, and sits on the board of trustees for Jazz at John Stanley L’83 joined the Allen- David Prager L’84, a member of Bond, Lincoln Center and Carnegie Hall. He town, Pa., office of Norris McLaughlin Schoeneck & King, PLLC’s New York also consults for multinational and & Marcus, PA, as of counsel in the City office, was named inThe Best technology corporations on doing firm’s business law group. He had Lawyers in America 2018. A labor and business in Africa. He and his wife, previously been senior vice president, employment attorney, he focuses on Aisha Oyebode, co-convener of the general counsel and chief adminis- negotiation, dispute resolution and Bring Back Our Girls campaign, are trative officer at Air Products and arbitration. honored to have a garden walkway at Chemicals, Inc., where he was respon- Jane Rogers Rosenberg L’84, a Penn Law named after them and were sible for the company’s law group, ­veteran assistant attorney general, was recently featured in Town & Coun- corporate secretary’s office, govern- named Connecticut’s new solicitor try Magazine as two of the “Top 50 ment and community relations group general. In this role, she is responsi- Philanthropists to Watch in 2017.” and global trade compliance function. In that capacity, he oversaw, at various ble for overseeing the office’s appellate Joel Rosen L’82, managing partner at times, the human resources, commu- casework and issuing formal opinions. High Swartz, LLP’s Norristown office, nications, information technology, She was also promoted to associate was named a 2017 Pennsylvania Super business shared services, mergers attorney general. Lawyer for his work in business and and acquisitions and corporate risk Terry Gillen L’85 joined the Local corporate law. and security functions. Initiatives Support Corporation in Pamela Harper L’83, WG’83 joined The Hon. Michele Tuck-Ponder L’83  New York as its Pay for Success pro- Griesing Law, LLC as a member. She was appointed interim CEO of Des- gram director. In her new role, she is chair of the firm’s government and tination Imagination, a nonprofit manages projects, structures financial regulatory affairs practice. She focuses dedicated to teaching students the transactions and shares knowledge on representing and providing stra- creative process through hands-on among partners and the Pay for tegic advice to clients in connection science, technology, engineering, arts Success community. Previously, she with regulatory, compliance and gov- and mathematics (STEAM) and social held multiple roles within the City of ernance-related matters, particularly entrepreneurship challenges. She is Philadelphia, including director of in the financial services sector. the president of Ponder Solutions, Federal Affairs and executive direc- providing consulting and advising tor of the Redevelopment Authority. Robert Hawkins L’83 joined Cozen services for nonprofits in advocacy, John Grady L’85 was appointed as O’Connor’s Philadelphia office as governance, strategic planning, build- an advisory board member for Active a member in the labor and employ- ing and leadership development. ment department. He also chairs the Allocator Holdings, LLC. He is a part- firm’s new Railway Labor Act prac- Joel Benjamin L’84, WG’84 is coor­ ner with DLA Piper where he focuses on tice group. He represents employers dinating the new Kinstellar law office the investment management indus- and rail carriers in labor and employ- in Tashkent, Uzbekistan. He is the try. He also serves as president of ment law matters, especially those managing partner at the independent the Alternative & Direct Investment involving the transportation, manu- law firm’s Almaty, Kazakhstan office. Securities Association. facturing, and construction industries. David Kedson L’85 penned a satiri- Hawkins was previously a shareholder Albert Bixler III C’78, L’84, the mem- cal novel, TWEET, inspired by Donald at Buchanan Ingersoll & Rooney, PC. ber-in-charge of Eckert Seamans Cherin & Mellott LLC’s board of Trump’s presidency. The story revolves William Myers Jr. L’83 released his directors at its Philadelphia office, around the antics of an American second novel, An Engineered Injustice, was listed in the 2017 edition of president, eight months into his first published by Thomas & Mercer. His Pennsylvania Super Lawyers for civil term, that include fighting a Twitter first novel,A Criminal Defense, debuted litigation defense. war with a high school sophomore in April 2017 with a No. 1 ranking on and re-running for office in a special

https://scholarship.law.upenn.edu/plj/vol53/iss1/156 PENN LAW JOURNAL SUMMER 2018 58 et al.: Penn Law Journal: Engineering Change at the SEC CLASS NOTES

election against his new youthful nem- she served at the U.S. Department of counseling and representing pub- esis. Kedson, a full-time writer, is also State, most recently as a senior advi- lic and private businesses and their a Democratic committee-person in sor/counselor in the Secretary’s Office owners, officers and directors in nego- Lower Merion. of Global Women’s Issues, and before tiations, and mediation and litigation that, at the U.S. Embassy in Kabul, involving complex commercial law Drew Littman L’85 joined Brownstein Afghanistan, where she focused on matters. Mack is also a member of the Hyatt Farber Schreck, LLP as a policy women and civil society. firm’s governing partners board and director at the firm’s government rela- chair of the firm’s professional stan- tions department in Washington, D.C. John Hepp L’86 was promoted in dards committee, which is responsible He counsels clients in the healthcare, June to professor of history at Wilkes for the process of admitting associ- biotechnology, media, financial ser- University in Wilkes-Barre, Pa. In July, ates to partnership. vices and engineering fields. Most he presented a paper titled “‘A sharp recently, he was senior counselor line between legal and moral wrongs:’ Steve Pahides L’86 was named to the to Health and Human Services Sec- The Anglo-American debate over war Natural Lands Trust board of trust- retary Sylvia Mathews Burwell, who crimes at Versailles in 1919,” at the ees. Natural Lands is a regional land served as the 22nd U.S. Secretary of British Legal History conference in conservation organization dedicated Health and Human Services under London. to preserving and nurturing nature President Obama. and creating opportunities for peo- Ambassador Stuart Jones L’86, a ple to enjoy the outdoors. Pahides is Jean Rankin L’85 was appointed to career diplomat, retired from the U.S. a shareholder at McCausland Keen & the board of Resonant Inc., a designer Foreign Service in August and joined Buckman, where he is a member of of filters for radio frequency front- The Cohen Group as vice president. the firm’s real estate group. ends that specializes in delivering In his new role, he leads the firm’s designs for difficult bands and com- Middle East practice, which supports Neil Reisman L’86 was appointed plex requirements. She previously international clients throughout the to the board of directors for Mirati served as executive vice president, region. Prior to joining The Cohen Therapeutics, Inc., a clinical stage secretary and general counsel for LSI Group, he most recently served as targeted oncology biotechnology com- Corporation, a designer of semicon- the acting assistant secretary of state pany. He is a managing director and ductors and software that accelerated for Near Eastern Affairs, the State member of the Tavistock Group board storage and networking in data cen- Department’s senior diplomat for of directors, where he has, among ters, mobile networks and client the Middle East. In May 2017, he other roles, chaired the company’s computing. accompanied President Trump to investment committee. He is also the historic Riyadh Summit and on chairman of the board of Nucleus Jonathan Segal C’82, L’85 was named his first visit to Israel. Biologics. to the 2017 Lawdragon/Human Resource Executive magazine’­ s list Michael Lewyn L’86 authored Govern­ Melinda Rudolph C’78, L’86, a mem- for “The Nation’s Most Powerful ment Intervention and Suburban Sprawl: ber of Cozen O’Connor’s corporate Employment Attorneys — Top 100.” The Case for Market Urbanism, which practice group, was chosen as one A partner at Duane Morris, LLP in was published in June (Palgrave). He of the 2017 Women of Distinction Philadelphia, Segal is the manag- also wrote “The Criminalization of by the Philadelphia Business Journal. ing principal of the Duane Morris Walking,” published in the University She is a nationally-known corporate Institute, which provides training on of Illinois Law Review, in addition to life sciences attorney who represents myriad employment, labor, benefits blog posts on law and urban planning biomedical and biotechnology compa- and immigration matters to human at planetizen.com and marketurban- nies in complex commercial matters resource professionals, in-house ism.com. He teaches at Touro Law and plays a critical role in shaping counsel, benefits administrators Center in Long Island, NY. the legal norms that now guide the and managers. industry. Rudolph is also an advo- Wayne Mack L’86, a partner at Duane cate for the autism community and Stephenie Foster L’86 is a founding Morris LLP, was named a co-chair of helped drive and secure funding for partner of Smash Strategies, which the trial practice group, which is the an educational program for high-func- provides strategic advice to corpora- firm’s largest practice with more than tioning kids on the autism spectrum tions, institutions and philanthropists 325 lawyers. Since 2008, he has served at the Y.A.L.E. School in Cherry Hill. to ensure their investments in women as co-chair of the commercial, secu- and girls are effective and transfor- rities and antitrust division of the mational. From 2012 to early 2017, trial practice group. He focuses on

Published by Penn Law: Legal Scholarship Repository, 2018 57 59 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

Kenneth Trujillo L’86, a shareholder businesses. Previously, Rogowski School of Public Communications at at Chamberlain, Hrdlicka, White, was a partner at Panitch Schwarze, Syracuse University. Williams & Aughtry, was named a 2017 where she opened the firm’s Wilm- Pennsylvania Super Lawyer for the thir- ington office in 2014. She has more Jon Anderson L’88 joined the Provi­ teenth year. Trujillo was also named in than 30 years of experience in intel- dence, R.I., law firm of Brennan, The Best Lawyers in America 2018 list lectual property law. Recupero, Cascione, Scungio and for his work as a government relations McAllister as counsel. He is counsel lawyer. His practice involves complex Thomas Servodidio L’87 was named to numerous schools in the state and civil litigation and class actions, and global vice chair of Duane Morris LLP. appears regularly in state and federal he counsels clients on regulatory mat- Prior to his appointment, Servodidio courts and before the R.I. Department ters and internal investigations. chaired the firm’s employment, labor, of Education. He handles matters benefits and immigration practice under the Americans with Disabilities Timothy Kolman L’87, co-founder group for more than 15 years, and he Act, Section 504 of the Rehabilitation and attorney for Kolman Ely PC, was has served on Duane Morris’ execu- Act, and the Individuals with Disabil- selected as Top Labor Attorney of the tive committee for more than six years. ities Education Act. Year by the International Association of Top Professionals. Kolman has more Albert Shuldiner L’87 was named Michael Esser GL’88 joined Latham than 25 years’ experience practicing as chief of the Federal Communications & Watkins, LLP as a partner in the a labor attorney and was chosen to be Commission’s audio division. The firm’s antitrust and competition prac- honored, according to the organiza- position plays a major role in how tice in Dusseldorf, Germany. He was tion’s president, for his talent, expertise, the U.S. federal government devel- previously at Freshfields Bruckhaus humility and dedication. Other recent ops and carries out communications Deringer’s in Cologne. Esser has more accolades include induction into the policies that affect radio broadcast- than 20 years’ experience advising top 10 percent of U.S. employment law- ers. He was previously the senior vice German and international companies yers by “Lawyers of Distinction,” and, president and co-head of the office of on a range of complex merger control for the second consecutive year, the general counsel at DTS, Inc., which in and contentious antitrust matters, award of Lead Counsel Designation 2015 acquired the company iBiquity with particular expertise in Phase-II in Labor & and Employment Law from Digital, where he had held similar merger cases, domestic and interna- Thompson Reuters. roles. iBiquity Digital was the tech- tional cartel proceedings and global nology development company that investigations. He is also an expert in Bruce Reinhart L’87 was named a fed- launched HD Radio. the market’s technology, media and eral magistrate judge in March for the telecoms (TMT) sector. Southern District of Florida. He was Michael Smerconish L’87 was the selected from 64 applicants for the honored guest and speaker at a Bucks Joseph Serino L’88 joined Latham seat, which became vacant after the County Bar Association awards cere- & Watkins, LLP’s New York office as retirement of U.S. Magistrate Judge mony in November. The event was in a partner in the firm’s litigation and James Hopkins. He sits in the Paul G. partnership with the Bucks County trial department in the complex com- Rogers U.S. Courthouse in West Palm Herald, which published Lawyers mercial litigation practice. Serino Beach. Reinhart has had a 31-year law Among Us — Advocates. Champions. joined from Kirkland & Ellis. career that includes a decade as a fed- Neighbors. Richard Shapiro L’88 was desig- eral prosecutor and roles at both the Osvaldo Torres L’87, principal of nated a Certified Elder Law Attorney U.S. Treasury and Justice departments. Torres Law, PA in Fort Lauderdale, by the National Elder Law Foundation He most recently worked in private Fla., has started a Cuba practice and as accredited by the American Bar practice at his own white-collar crim- affiliated with Cuba Counsel Corp. Association. He authored Secure Your inal defense and complex litigation to pursue potential opportunities. Legacy: Estate Planning and Elder Law firm, Bruce E. Reinhart P.A. Torres also spoke on a panel called for Today’s American Family (Archway Patricia Smink Rogowski L’87  “The Future of Business Immigration Publishing). Written for the general launched a new law firm in March Under The New Administration.” public, the book provides a compre- called Rogowski Law, LLC, in Wilm- hensive guide on the most important Melinda Witmer L’87, a former Time ington, Del. The firm specializes in estate planning and elder law topics. Warner Cable executive, was elected to high-caliber intellectual property the board of directors of TEGNA Inc. She legal services including patents, trade- is also an active member of the advisory marks, copyrights, and trade secrets, board to the dean of the S.I. Newhouse particularly for mid-sized and small

https://scholarship.law.upenn.edu/plj/vol53/iss1/158 PENN LAW JOURNAL SUMMER 2018 60 et al.: Penn Law Journal: Engineering Change at the SEC CLASS NOTES

Laurence “Larry” Appel L’89 was the Salvation Army Kroc Center of compliance at Insmed Incorporated, appointed The Fresh Market’s new Philadelphia; on the board of direc- a global biotech orphan drug phar- president and CEO. He has more than tors of the Wharton Alumni Club of maceutical company based in New 30 years’ experience in retail, legal, Philadelphia; and is founder of the Jersey. In her new role, she directs the and corporate strategy. From 2002 to 2T Group, a business networking school’s global Healthcare Compli- 2012, Appel served in a range of senior group based in Philadelphia. ance Certification programs; oversees leadership roles at Winn-Dixie Stores, the school’s Center for Health and Inc., including chief operations offi- Denny Shupe L’89, a fellow of the Pharmaceutical Law & Policy; assists cer, chief human resources officer, American College of Trial Lawyers, students and alumni interested in head of strategy and chief legal offi- was appointed by the organiza- health, life sciences and compliance cer. After leaving Winn-Dixie, he was tion’s president to chair its Special work; and collaborates with faculty, CEO of Skeeter Snacks, LLC, a producer Problems in the Administration of industry professionals and enforce- of wholesome snacks made in a ded- Justice Committee (U.S.). He is a part- ment officials to enhance the school’s icated nut-free facility. ner at Schnader Harrison Segal & Lewis. educational offerings.

Edward Dandridge L’89 joined Ameri- Peter Churchman GL’91 was appoint- can International Group, Inc. as head 1990s ed a judge of the High Court of New of marketing and communications, Zealand in Wellington. Churchman general insurance. He is responsible is also a part-time law lecturer at the for creating and implementing Gen- Wifredo Ferrer L’90 joined Holland University of Otago. eral Insurance’s global marketing & Knight in March as a partner in its Suzanne Serianni Mayes L’91 was and communications strategy and Miami office. He will lead the firm’s named to the boards of the Philadel­ programs. He was previously global global compliance and investiga- phia College of Osteopathic Medicine chief marketing and communica- tions team, which concentrates on (PCOM) and the Redevelopment tions officer at Marsh & McLennan corporate compliance and govern- Authority of the County of Montgomery. Companies, Inc. He also serves as a ment investigations within Holland & PCOM is dedicated to the education member of the Economic & Commu- Knight’s white collar defense practice. of students in medicine, health and nity Advisory Council at the Federal He was previously the U.S. Attorney behavioral sciences and trains physi- Reserve Bank of Philadelphia and was for the Southern District of Florida. recently named as Savoy Magazine’s cians in the osteopathic profession. “100 Most Influential African Ameri- Kathryn Ballow Thomson L’90 was The Redevelopment Authority assists can Corporate Executives.” honored by the Jacksonville Public Montgomery County’s townships and Schools Foundation in Illinois as boroughs in stimulating economic Alice French Jacobs L’89 was named a Jacksonville High School Distin- revitalization and aiding in the pro- president of the Buffalo Fine Arts guished Alumni Award recipient. She vision of affordable housing. Mayes Academy, the board of which she is vice president and associate gen- is the chair of Cozen O’Connor’s pub- joined in 2014. The Academy is the eral counsel for Amazon, where she lic and project finance practice and is parent organization for the Albright- leads the legal team in the company’s the vice chair of the firm’s business Knox Art Gallery, which is part of global and logistics business. She has law department. the planned Buffalo Albright-Knox- received the Burton Award for Pub- Melissa Rogers L’91 delivered a lecture Gundlach Art Museum, a $155 million lic Service in Government and the and participated in a panel discussion project slated to break ground in Excellence Award in 2016 for respond- at McCormick Theological Seminary early 2019. ing to the U.S. Ebola crisis. Thomson about the challenges and opportu- volunteers in the tutoring programs Charles Marion C’86, W’86, L’89 nities for faith-based activism and Everybody Wins and Good Shepherd, joined the Philadelphia office of service in American public life. She and she also serves on MacMurray Blank Rome LLP as a partner in the also was the guest speaker at the Spring College’s board of trustees, where commercial litigation group. He 2018 Hugh and ­Beverly Wamble she delivered the commencement focuses on the areas of intellectual Endowed ­Lecture of the J.M. Dawson address last year. property, franchise, securities, prod- Institute of Church-State Studies at uct liability and complex business Ela Volkmer Bochenek L’91 was Baylor University. Her lecture was disputes. He was previously a part- appointed assistant dean for grad- titled “Faith in American Public Life: ner at Pepper Hamilton LLP. He also uate and professional education at The Constitutional Framework and serves as president and trustee of the Seton Hall Law School in January. She Current Controversies.” She is a non- Chestnut Hill Community Fund; as was previously vice president in global resident senior fellow in governance a member of the advisory council of studies at The Brookings Institution.

Published by Penn Law: Legal Scholarship Repository, 2018 59 61 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

Rogers served as special assistant to employment law. His practice focuses he handled matters involving secu- the president and executive director of on defending employment-related rities fraud, healthcare fraud, and the White House Office of Faith-based claims in federal, state and admin- money laundering. and Neighborhood Partnerships istrative venues as well as advising during the Obama administration. clients on statutory compliance issues. Andrew Lelling L’94, after nomina- He also provides training and guid- tion by President Donald Trump, was Todd Cox L’92 was appointed to the ance to employers and is frequently confirmed by the U.S. Senate as the board of Mary’s Center, which is a involved in cases regarding com- U.S. Attorney for the District of Massa- Washington, D.C.-based community pliance with the Americans with chusetts. He most recently served as health center that provides healthcare, Disabilities Act and the Family and senior litigation counsel in the Massa- educational and social services. Cox Medical Leave Act. chusetts U.S. Attorney’s Office and is a is the director of policy at the NAACP 16-year veteran of the Justice Depart- Legal Defense and ­Education Fund, Inc. Gary Ignatin L’93 joined Marvell, a ment. Additionally, U.S. Attorney storage, networking and connec­tivity General Jeff Sessions appointed him Peter Jones L’92 was recognized, semiconductor solutions company, to serve a two-year term on the Attor- for the tenth year, as a 2017 Upstate as senior vice president of corporate ney General’s Advisory Committee of New York Super Lawyer for his work in development. His role involves corpo- U.S. Attorneys (AGAC). It represents employment and labor. He is a mem- rate development, long-term strategy the U.S. Attorneys and provides advice ber of Bond, Schoeneck & King, PLLC’s and strategic growth initiatives. He and counsel to the Attorney General Syracuse office, where his practice was previously vice president of cor- on matters of policy, procedure and includes employment litigation in porate development at Broadcom management affecting the Offices of Federal and State courts and before Corporation. the U.S. Attorneys. the EEOC and Division of Human Rights, collective bargaining nego- Robert Stebbins L’93 was named Megan Jacobson Shafritz L’94 was tiations, wage and hour compliance general counsel of the Securities appointed by Vermont Governor Phil and proceedings before administra- and Exchange Commission. He pre- Scott as a judge to the Vermont Supe- tive agencies and the courts, labor viously was a partner at Willkie Farr rior Court, which is the state’s trial arbitrations, union organizing cam- & Gallagher, LLP, where he had been court and consists of civil, criminal, paigns, strikes and picketing, and practicing law since 1993. environmental, family and probate representation and unfair labor prac- divisions. She had previously served tice proceedings before the National Christina Swarns L’93, a capital as an assistant attorney general since Labor Relations Board. defense lawyer and litigation direc- 2009, where she was chief of the civil tor for the NAACP, was chosen to lead division. Christopher Smith C’87, L’92, a part- the Office of the Appellate Defender in ner at Smith Anderson in Raleigh, New York. Swarns speaks and writes Elaine Bucher L’95 was elected to was named a 2018 North Carolina regularly on issues concerning race, the board of regents of the American Super Lawyer and was also named law and criminal justice. College of Trust and Estate Counsel to the Benchmark Litigation list of (ACTEC) at the group’s fiftieth annual 2018 North Carolina State “Litigation Ken Fabricant L’94 was named to meeting. ACTEC is an invitation-only Stars,” which honors individuals who the Buckley School’s board of trust- nonprofit association of lawyers and were recommended consistently as ees. He is a president of Fabricant & law professionals experienced in the reputable and effective litigators by Fabricant, Inc., a property and casu- area of trusts and estates. Bucher is clients and peers. alty insurance brokerage in Roslyn, NY. a shareholder at Gunster, a Flori- da-based business law firm. Bucher Peter Katz L’94 joined Calcagni & Steven Spielvogel C’89, L’92  pre­­­ is a trusts and estates attorney who Kanefsky LLP in Newark, N.J., where sented several lectures on entre­­ works out of the firm’s Boca Raton he represents corporations and preneurship and the law at Princeton’s and West Palm Beach offices. She also individuals in criminal, civil, and University’s School of Engineering and serves on Gunster’s board of directors. Applied Science. He has taught En- regulatory matters initiated by fed- trepreneurship and the Law at Penn eral and state agencies, including the Justin Chairman C’92, L’95, a part- Law School. U.S. Department of Justice, Securi- ner at Morgan Lewis, was named the ties Exchange Commission and head of the firm’s Philadelphia Corpo- Todd Ewan C’90, L’93, a Philadel- state attorneys general. He was most rate Business & Transactions practice. phia partner at Fisher Phillips, was recently an Assistant U.S. Attorney in included in The Best Lawyers in Ameri- both the District of New Jersey and the Marie Hurabiell L’96 was appointed can 2018 list for his work in labor and Eastern District of New York, where by the White House to the Presidio https://scholarship.law.upenn.edu/plj/vol53/iss1/160 PENN LAW JOURNAL SUMMER 2018 62 et al.: Penn Law Journal: Engineering Change at the SEC CLASS NOTES

Trust board of directors. Hurabiell development and internet market- Priscilla “Sally” Mattison L’97, who is a founder and board member of ing and entertainment. is of counsel to Bernard M. Resnick, Ellipsis Health, Inc., a technology Esq., P.C., spoke on a Master Class company using speech analytics Dana Ash L’97 became the head of panel titled, “Legal: Tech: Disrup- to gauge the behavioral health of Duane Morris LLP’s 70-attorney prod- tion and Evolution in the Television patients in real-time. ucts liability and toxic torts division. Industry,” at the NATPE Miami Mar- Ash is a partner in the firm’s Phila- ket & Conference in Miami Beach, Fla. Clark Khayat L’96 was named execu- delphia office, where he represents She was also appointed to the Phil- tive vice president and chief strategy medical device manufacturers nation- adelphia Film Advisory Task Force. officer of KeyCorp, where he is respon- ally in products liability matters and sible for corporate strategy, mergers in commercial disputes with suppli- Chuck Wallace L’97, WG’97 was and acquisitions and strategic invest- ers and customers. He also handles named an independent director at ments. Khayat previously served as matters involving complex commer- Clearsurance, a crowdsourced review co-founder and managing director cial contracts, shareholder disputes, and ratings platform for the insurance of the strategic advisory firm, Occom landlord and tenant lease disputes, industry. Wallace, who lives in the Ridge Partners, LLC. He is also an intellectual property disputes, and a San Francisco area, is a board mem- adjunct professor of design and inno- wide range of employment matters ber, advisor, consultant and investor vation at the Weatherhead School of involving noncompete and confiden- with multiple companies and private Management at Case Western Reserve tiality agreements. equity firms. He focuses on innovative University. mobility/next generation transpor- Kevin Boyle L’97 was appointed chief tation, next generation insurance Todd Lenson L’96 joined Kramer Levin financial officer of Cell Medica, a Hous- and financial services (InsureTech Naftalis & Frankel LLP as a corporate ton-based cellular immunotherapy and FinTech), and the intersection and transactional partner in the firm’s company whose products treat cancer. between the three. He has held senior corporate department. He also serves In this role, he focuses on corporate operating roles in leading consumer as co-chair of the firm’s capital mar- strategy and financial planning. financial services and technology kets and public companies practice. companies including service for eight Elizabeth Preate Havey L’97, of He was previously a partner at Stroock years as co-founder and senior exec- counsel to Dilworth Paxson LLP in & Stroock & Lavan LLP, where he was utive at Esurance. practice group leader of the corporate Philadelphia, joined the boards of the department and led the firm’s public Belmont Charter Network, a group Nathaniel “Tani” Weiner L’97 joined company practice. of Philadelphia charter schools, and the San Francisco office of Am Law The Pennsylvania Society, a nonprofit 100 firm Polsinelli. He focuses his Kathi Lutton Vidal L’96, a technol- celebrating service and humanity in practice on structuring, negotiating ogy patent litigator, joined Winston & the state. and completing mergers and acquisi- Strawn, LLP as managing partner of the tions and other complex transactions, Claudia Johnson L’97 delivered a firm’s Silicon Valley office. Vidal was with a special focus in the behavioral TEDx talk in September called “Clos- also named to the 2017 edition of The health field. He was previously an ing the Justice Gap.” The event, held Best Lawyers in America. She was pre- attorney at Shartsis Friese. viously principal and national head of in Richland, Wash., was based on the litigation — the first woman to hold theme of foundational truths. Saily Avelenda L’98 was promoted the position — at Fish & Richardson, to assistant general counsel at Lake- Leslie Levin L’97 presented at the PC. In her practice, she advises clients land Bank in Newfoundland, NJ. She National Business Institute’s CLE on their portfolios, patent protection, joined Lakeland in December 2010 as seminar in May. She spoke about the patent enforcement, patent defensive vice president, associate counsel and role of estate planning and adminis- efforts, patent prosecution and other was promoted to senior vice president, tration in protecting a client’s legacy. intellectual property matters. associate counsel in 2015. She is special counsel to Cuddy & Jeffrey Allen L’97 was elected a mem- Feder, LLP in White Plains, NY. Sital Kalantry L’98 authored Women’s ber of Bond, Schoeneck & King. At Human Rights and Migration: Sex-­ Lisa Matson L’97 was promoted to the firm’s Rochester, N.Y., office, he Selective Abortion Laws in the United partner at Penn Capital Management focuses on commercial litigation States and India (University of Penn- Company, Inc. She joined the com- services to clients in a wide range sylvania Press). The book examines pany as general counsel in 2014 and is of industries, including industrial empirical, comparative and critical responsible for oversight of the firm’s manufacturing, waste manage- race studies approaches to critique legal and compliance departments. ment, materials design, website the legislative process and mainstream

Published by Penn Law: Legal Scholarship Repository, 2018 61 63 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

discourse regarding sex-selective abor- between the country and the city. He diligence and monitoring of the lit- tion bans in the United States. She is inspired the formation of a CEO Coun- igation that Curiam evaluates and a clinical professor of law, director of cil in Philadelphia; helped establish finances. They will also manage the the International Human Rights Pol- Ciao Philadelphia!, a foundation that firm’s business development and icy Advocacy Clinic, and co-director of coordinates programs on Italian cul- new business initiatives. the Migration and Human Rights Pro- ture; and spearheaded an initiative gram at Cornell Law School. called Il Convivio, which focused on adding more Italian language classes 2000s Aliza Karetnick L’98 received a 2017 in Philadelphia schools. Diversity Award from the Diversity Law Institute. She is a partner at Rogelio “Roy” Carrasquillo L’99 was Aviva Abramovsky L’00 was named Duane Morris, where she is a seasoned appointed as the Puerto Rico Task dean of the University at Buffalo commercial litigator and advisor to Force Chair of the Hispanic National School of Law, a post she began in cosmetics, fragrance and personal Bar Association (HNBA). The task force July. She was previously associate care products companies. Karetnick was formed in 2016 to propose leg- dean for international initiatives has a national practice advising indus- islative and executive solutions to and Kaufman Professor of Entrepre- try manufacturers, distributors and the island’s dire financial situation. neurship and Innovation at Syracuse retailers on a host of issues, including Carrasquillo was chosen for his University College of Law. As associate FDA and FTC compliance, advertising, outstanding achievements and ded- dean at Syracuse, she spearheaded the labeling and claim substantiation. At ication to the HNBA. He is a member law school’s Master of Laws and two- Duane Morris, she is the Philadelphia of Cozen O’Connor’s corporate and year Juris Doctor programs for foreign liaison and program coordinator for EB-5 practices. lawyers, launched a visiting scholars Women’s Impact Network for Success. William Castle L’99 was appointed by and researchers program, developed Darren Tucker L’98 joined Vinson & U.S. Secretary of Defense James Mattis international partnerships to enable a new international student exchange Elkins LLP’s Washington, D.C., office to the Department of Defense Senior as an antitrust partner. He represents Executive Service and for assignment program and created a legal English pre-matriculation program. clients before the FTC, the Antitrust as the principal deputy general coun- Division of the Department of Justice sel. Castle was most recently chief Jonathan Klassen C’96, L’00 joined and foreign competition agencies in counsel in Sen. Orrin Hatch’s Senate Kunzler Law Group’s San Diego office complex merger and non-merger anti- President Pro Tempore office. as a partner in the firm’s corporate trust investigations, with an emphasis group. He was previously at BioMed on the technology, energy and phar- Lisa Jurinka L’99 was appointed gen- Realty Trust, Inc., where he was exec- maceutical sectors. He was previously eral counsel of Innovari, Inc. She is utive vice president, general counsel a partner and deputy head of Morgan responsible for worldwide legal affairs and secretary. His law practice centers Lewis’ global antitrust practice group. and oversees the company’s corporate on corporate finance, mergers and Additionally, Tucker was appointed governance, contracting, commercial acquisitions and general company to the ABA Section of Antitrust Law’s licensing, intellectual property, lit- representation. He also volunteers governing council, and he was also igation, compliance and regulatory as a court appointed special advo- recognized as one of the top antitrust matters. She was previously general cate for foster children. lawyers globally under the age of 45 counsel for Jive Software and has more than 15 years’ experience as by Global Competition Review. Edward Fisher L’00, who in January a corporate transactional attorney was promoted to member in Griesing Andrea Canepari GL’99 , after serving advising emerging growth pre-IPO Law’s commercial litigation practice as consul general of Italy in Phila- and public companies. group, co-authored the article “Con- delphia for four years, was named struction Contracts and Arbitration Italy’s ambassador to several Carib- J. Ross Wallin L’99 is a co-manag- Clauses: Does SCOTUS’s FAA preemp- bean countries. He and his family will ing principal of the new finance tion ruling jibe with NJ’s arbitration be based in the Dominican Repub- firm, Curiam Capital LLC, which act?” for the New Jersey Law Jour- lic. During his time in Philadelphia, he launched with Owen Cyrulnik in nal. He was also included in the Best Canepari worked with the city’s aca- New York. They were previously part- Lawyers in America 2018 list for his demic, business and professional ners with litigation boutique Grais & work in labor and employment liti- communities to expand trade and Ellsworth LLP, and before that, they gation. Fisher focuses his practice on investment links to Italy, as well practiced law together at Cravath, defending employers in litigation aris- strengthen cultural and personal ties Swaine & Moore. At the new firm, they will oversee underwriting, due ing out of claims of discrimination, CONTINUED ON PAGE 64 https://scholarship.law.upenn.edu/plj/vol53/iss1/162 PENN LAW JOURNAL SUMMER 2018 64 et al.: Penn Law Journal: Engineering Change at the SEC CLASS NOTES

ILLUSTRATION: DAN PAGE

Doak Says Stormy Season Soaked Reinsurance Industry

For 12 years, the waters of the Atlantic were quiet. to disrupt the activity of third-party investors. “Even though Then last year happened: The Atlantic Ocean produced alternative capital suffered a lot of these losses, the investors 17 named storms, 11 of which made landfall. The monster reloaded pretty quickly,” Doak said. At year-end 2017, the Hurricanes Harvey, Irma and Maria ravaged the Caribbean reinsurance industry boasted a total of approximately and U.S. coastlines. $600 billion in capital. “2017 was the third year (in history) where the annual Doak has worked in the investment side of reinsurance at insured loss was greater than $100 billion The average annual RenaissanceRe since 2010 after time at Morgan Stanley. There, insured loss is around $60 billion,” said Michael Doak L’03, who he got his feet wet with property casualty insurance while manages insurance investments for a reinsurance company. dealing with the financial ramifications of the 2005 storms. 2017 also proved the most expensive year on record for the U.S. And during the financial crisis, he worked on the Morgan Reinsurance is the insurance that insurance companies Stanley team advising the U.S. government as it rehabilitated buy for protection in the event of catastrophes. And since the and restructured AIG. devastation of Hurricanes Charley, Frances, Ivan, Jean, Katrina, RenaissanceRe is based in Bermuda, which has become a top Rita and Wilma in 2004 and 2005 — with Katrina alone leaving a international hub for the reinsurance industry. For five years, Doak roughly $50 billion insurance loss in her wake — the reinsurance lived there in a pastel-colored house and rode a scooter to work. industry has dramatically changed the way it operates. In that time, he and his wife, Laura, welcomed two daughters. The difference revolves around the fact that third party They now live in their native Texas, closer to family, in Dallas. capital, like big state pension plans, have become major players Doak concentrates on managing funds from third party in the industry through investments in reinsurance, Doak said. investors and investing in financial services companies, including Investing in reinsurance has become a popular option because life reinsurance, pet insurance and insurance distribution. it is generally not correlated with financial markets, and, with Reinsurance, Doak said, is a quiet, behind-the-scenes the exception of last year, has produced attractive returns. business, but one that ultimately makes businesses and For a dozen years, reinsurance investments burgeoned communities more resilient in the face of disaster. “The capital as the Atlantic remained calm. Doak said the industry’s we’re providing our clients enables them to insure risks and third-party capital has steadily grown by 15 percent each year pay losses,” he said. “There are many homeowners in Florida, for that same period. South Texas and Puerto Rico that are rebuilding houses with “It’s been a long run of capital accumulation,” he said. our money we paid in claims. That’s ultimately the business Of course, the storms of 2017 put a dent in that but not enough we are in, and we are proud to do so.”

Published by Penn Law: Legal Scholarship Repository, 2018 63 65 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

harassment and retaliation, and and in the health system. He previ- Matthew Lang L’02 was appointed representing employers in breach ously served as senior attorney advisor general counsel and corporate sec- of contract, trade secret, noncompete to commissioner and former chair retary at the San Francisco office of and other business-related disputes. Jenny Yang of the U.S. Equal Oppor- Myovant Sciences, a clinical-stage tunity Commission. biopharmaceutical company. He Susan Gault-Brown L’00 was appoint- was previously vice president, head ed a partner at Morrison & Foerster’s Aaron Bloom L’01 was appointed of global litigation, investigations, financial services group in Washington, chair of TroyGould PC’s litigation employment law and information D.C. She was previously an attorney practice in Los Angeles. He joined the governance at Gilead Sciences Inc. at Wilson Sonsini Goodrich & Rosa- firm three years ago and is an enter- At Gilead, in addition to leading core ti. She advises clients on regulatory, tainment, intellectual property and functions within the legal department, transactional and counseling matters real estate litigator. he was a member of the company’s involving the securities and deriva- Corporate Operating Group, Global Diankha Linear L’01 was appointed tives laws. Gault-Brown also regularly Legal Leadership Team, and Global general counsel for Convoy, which provides advice with respect to exemp- Compliance Committee. tions, no-action letters and other forms was named GeekWire’s 2017 “Startup of regulatory relief. of the Year.” She was previously with Ilan Rosenberg GL’02, GL’11, a partner Nordstrom’s legal department. in the Philadelphia office of Gordon Sigal Mandelker L’00 was sworn in as Rees Scully Manssukhani, joined the Stephen Rutenberg L’01 joined Polsi- the U.S. Treasury Department’s under- Hebrew Immigrant Aid Society board nelli’s national capital markets and secretary of terrorism and financial of directors. He is currently board commercial lending group as a share- intelligence in June after the Senate president of HIAS Pennsylvania. confirmed her with a 96 to 4 vote. She holder in the law firm’s New York office. was previously a partner at Proskauer He was previously at Arnold & Porter John Stapleton L’02 was named to Rose, LLP. Mandelker served in the U.S. Kaye Scholer, where he counseled the Philadelphia Business Journal’s Department of Justice and in the U.S. hedge funds, private equity firms and 2017 “40 Under 40” list and was also Department of Homeland Security. global financial institutions on legal honored as a 2017 Distinguished issues relating to the purchase and Advocate by the Support Center for Katherine Betterly L’01 was named sale of loans and securities. In his new Child Advocates. He is a shareholder a partner at Morris, Nichols, Arsht role, he focuses on distressed and par with Hangley Aronchick Segal Pudlin & Tunnell LLP. She joined the firm loan transactions, accounts receiv- & Schiller in Philadelphia. in 2001 and is a member of its com- able, trade claims, and bank debt, both mercial law counseling group, where domestically and in Europe. Eric Johnson L’03 was elected to serve she focuses on a range of national on the Democratic Legislative Cam- and local transactional matters as Ramy Wahbeh GL’01, GRL’03 was paign Committee’s board of directors well as commercial real estate and elected partner at the London office and was recently selected for mem- unclaimed property matters. She also of Paul, Weiss, Rifkind, Wharton & bership on the Council on Foreign participates in drafting updates to Garrison LLP. In the firm’s corporate Relations. In August, he and his wife, the Delaware Uniform Commercial department, Wahbeh focuses on Nakita, welcomed their second son, Code as a member of the UCC sub- complex cross-border mergers and George Milam Johnson. committee of the Delaware State Bar acquisitions, strategic joint ventures Association’s commercial section. and private equity, primarily in Europe. Eliza Kaiser L’03 was promoted to partner at Kramer Levin Naftalis & Chandra Bhatnagar L’01 joined Meredith Zinman Crowley L’02  Frankel LLP. She focuses her practice campus human resources at UCLA joined Fried, Frank, Harris, Shriver on employment law litigation and as director of staff diversity and affir- & Jacobson, LLP as a partner in the advisory matters at the firm’s New mative action/EEO compliance. He firm’s capital markets practice in New York office. is responsible for developing and York. She was previously counsel in implementing UCLA’s staff affirma- Davis Polk’s corporate department. In Sara Temes L’03 was named to the tive action plan; programs to ensure her new role, she advises underwriters 2017 Upstate New York Super Lawyers equal employment opportunity for and issuers in connection with cap- Rising Stars list in the field of Bank- staff; investigation and resolution ital markets and leveraged finance ruptcy: Business. She is a business of discrimination complaints; and transactions, including high-yield restructuring, creditors’ rights and educational efforts to advance staff debt offerings, initial public offer- bankruptcy attorney in Bond, Schoe- diversity and inclusion, in partner- ings, and other public and private neck & King PLLC’s Syracuse office, ship with other colleagues on campus securities offerings. where she focuses on a wide range https://scholarship.law.upenn.edu/plj/vol53/iss1/164 PENN LAW JOURNAL SUMMER 2018 66 et al.: Penn Law Journal: Engineering Change at the SEC CLASS NOTES

of business restructuring and bank- Erica Mason L’04, a partner with labor research center. He also published ar- ruptcy matters. She also advises senior and employment firm Constangy, ticles on intellectual property law in the managers and boards of directors of Brooks, Smith & Prophete, is the new Virginia Law Review, the Iowa Law Re- financially-troubled companies with president of the Hispanic National view, and the Washington Law Review. respect to restructuring strategies. Bar Association. She has served as the group’s national finance director, Toshi Yoshida GL’04 joined K&L Xun Zeng GL’03, L’07 joined Cooley co-chair of its Latina Commission and Gates LLP’s energy, infrastructure LLP’s new Beijing office as the interna- representative to its inaugural Collab- and resources practice area as a part- tional law firm’s first resident partner orative Leadership Bar Academy. The ner. He was previously a partner at in the city. She previously practiced at group named her one of its Top Law- Mayer Brown LLP, where he repre- Ropes & Gray. Zeng is a native Man- yers Under 40 in 2016. sented Japanese clients’ energy and darin speaker and has more than 10 general manufacturing businesses years’ experience advising fund spon- Alva Mather L’04, a partner at Pepper in the United States. In his new role, sors, institutional investors and other Hamilton, LLC, is one of three attor- he is based out of both New York and corporate clients in New York, Hong neys heading the firm’s new cannabis Houston, while also working closely Kong, and Beijing. industry group, which will serve cli- with the firm’s Tokyo office. ents in the realm of legal marijuana, Ilana Eisenstein L’04 joined DLA Pip- including marijuana financiers, inves- Joseph Borstein C’02, L’05 joined er’s litigation practice as a partner in tors and ancillary businesses. National Arbitration and Mediation Philadelphia. She previously served as the chief revenue officer. In this as assistant to the solicitor general in Gemela McClendon L’04, Philadel- role, he is responsible for develop- the U.S. Department of Justice, where phia’s deputy city solicitor, was nam­ed ing, implementing and overseeing for three years she briefed and argued executive director of the Philadelphia the company’s strategic revenue goals. extensively before the U.S. Supreme Gas Commission in June. He is also part of the coordination Court. She also advised the solicitor effort for NAM’s sales and marketing. general regarding federal appel- Amber Mettler L’04 was appointed He was previously global director at late litigation on civil, criminal and by Utah Governor Gary Herbert to the Pangea3, where he managed a global administrative law matters. Third District Court and in November team dedicated to counseling law was confirmed by the Utah Senate. She firms and corporate clients on inte- Richard Horvath L’04 joined the San had been an attorney at Snell & Wilmer grating and leveraging Pangea3’s legal Francisco office of Allen Matkins since 2007, becoming a partner in outsourcing solutions. as a partner in the firm’s litigation 2015. Mettler represented clients in depart­ment and corporate gover- a variety of disputes, including breach Michael Fine L’05 was named chair of nance and compliance group. He of contract, fraud, antitrust, land-use, the American Health Lawyers Associ- focuses on representing directors intellectual property and lease dis- ation’s tax and finance practice group. and ­public companies in complex putes. She second-chaired jury trials The association is the nation’s largest, litigation involving alleged corporate in both state and federal court, and nonpartisan educational organization misconduct or violations of federal argued appeals before the Utah Court that has been devoted to legal issues securities laws. of Appeals, the Utah Supreme Court in the health care field for the past 50 and the United States Court of Appeals years. The tax and finance practice Grace Koh L’04 was named special for the Tenth Circuit group addresses issues including IRS assistant to the President for Tech- audits and rulings, tax-exempt sta- nology, Telecom and Cyber-Security Jason Rubin C’01, L’04 was elected tus, intermediate sanctions, bond Policy, which is a role within the White partner at Akin Gump’s New York financing, joint ventures, physician House National Economic Coun- office. He is a member of the firm’s and executive compensation. Fine is cil. She was previously the deputy financial restructuring practice and a partner at Wyatt, Tarrant & Combs, chief counsel to the Subcommittee focuses on creditors’ rights and cor- LLP in Louisville, Ky., where he is a on Communications and Technol- porate restructurings. member of the firm’s health care ser- ogy of the Energy and Commerce vice team. Committee in the U.S. House of Rep- Christopher Seaman L’04 was awarded resentatives, where she advised the tenure and promoted to associate pro- Kalpana Kotagal L’05 was profiled chairmen and committee members fessor of law at Washington and Lee in The National Law Journal after on policy and legal issues arising in University School of Law. In addition, she joined the advisory board of the the telecommunications and tech- he was named director of the Frances newly relaunched Annenberg Inclu- nology sectors. Lewis Law Center, the law school’s sion Initiative, which had previously

Published by Penn Law: Legal Scholarship Repository, 2018 65 67 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

been the Media, Diversity and Social practice, she has been a faculty mem- Responsibility and Anti-Corruption. Change Initiative at the University of ber at the University of Oklahoma The commission is a global private California’s Annenberg School for College of Law since 2015, teaching sector body that develops rules of con- Communication and Journalism. On courses including secured transac- duct, best practices and advocacy for the board, she will advise on diver- tions and corporate finance. Watson corporate responsibility and the fight sity and inclusion issues regarding is the co-founder and president of the against corruption. hiring in the entertainment indus- Oxford Society of the Great Plains; a try. Kotagal is a partner with Cohen board member for Susan G. Komen Adam Pollock L’06 joined as a part- Milstein Sellers & Toll, where she is a Central and Western Oklahoma; and ner Ford O’Brien, LLP, a white collar civil rights and employment litigator. a member of the Downtown Okla- defense and litigation firm based in homa City Rotary Club 29. New York. He was previously an assis- Lauren Leyden L’05, a partner in the tant attorney general in the New York labor and employment practice at Lauren Fox L’06 joined Cozen O’Con- Office of the Attorney General, as well Akin Gump, was selected by the New nor’s Philadelphia office as an associate as an attorney at Morvillo Abramow- York Law Journal as one of its 2017 in the firm’s labor and employment itz Grand Iason & Anello, PC. Rising Stars. The award recognizes department. She counsels private- 30 of the most promising lawyers in and public-sector clients on the Joanna Sax GR’03, L’06 was named New York under the age of 40. Leyden full range of labor and employment- the E. Donald Shapiro Professorship focuses her growing practice on the related issues. Fox was previously at California Western School of Law. intersection of labor and employment, counsel at Buchanan Ingersoll & The endowed faculty chair honors corporate and bankruptcy law. She is Rooney, PC. leading health law scholars at the law also a member of the firm’s New York school, where she directs the Institute office hiring committee and a part Dov Gottlieb L’06 joined White & of Health Law Studies. In her research, of the Thomson Reuters Transform- Case LLP’s public company advi- she analyzes and questions policies ing Women in the Law Rising Stars sory group as a partner in the firm’s that create barriers to basic science Cohort. Additionally, she does pro New York office. In his new role, he research, mostly by focusing on NIH- bono work with the KIPP Foundation, helps clients navigate U.S. securities funded research. Sax publishes in Whole Kids Foundation, ARS Nova laws and a host of regulatory matters. legal and scientific journals. Her and New York Theater Workshop. Gottlieb was previously at Simpson recent articles include “Biotechnol- Thacher & Bartlett LLP. ogy and Consumer Decision Making” Robert Palumbos L’05 was appointed in the Seton Hall Law Review, a co-writ- co-chair of the Philadelphia Bar Asso- Maxim Mayer-Cesiano L’06 was pro- ten article titled “Food Labeling ciation Appellate Courts Committee. moted to partner at Skadden, Arps, and Consumer Associations with Palumbos is a partner at Duane Slate, Meagher & Flom, LLP in New Health, Safety and Environment” in Morris and helps companies and York. Additionally, he and his wife, the ­Journal of Law, Medicine Ethics, entrepreneurs resolve complex legal Kate, welcomed a son, Theodore and the co-written article “An End issues in appellate and commercial (Teddy) Emmett Mayer-Cesiano, to Event-Based Regulation of GMO litigation. He is vice chair of the Penn- on Feb. 14. He weighed 7 pounds, Crops” in Nature Biotechnology. Sax sylvania Supreme Court’s Appellate 8 ounces. also has an appointment as a volun- Court Procedural Rules Committee; tary clinical instructor at UC San Diego, Xudong Ni GL’06, co-managing part- an adjunct professor of appellate Health Sciences. ner and co-chair of East & Concord advocacy at Penn Law School; chair Partners’ corporate practice group of Duane Morris’ Philadelphia Office Maura Caffrey Smith C’03, L’06 was in Shanghai, participated with four Inclusion Committee; board member elected counsel at the Morristown, other Penn Law alumni in the first of Business Leadership Organized for NJ-based Riker Danzig Scherer Hyland International Day of Peking Univer- Catholic Schools; and serves on the & Perretti, LLP, where she had worked sity School of Law. He and Gang Chen development committee for Friends from 2011 to 2014. She joins from L’04, Yuhua Yang GL’06, Xia Qu GL’16 School Haverford. Mitsui Sumitomo Marine Manage- and Jungwoo Bae GL’17 represented ment where she had been serving as Moira Watson L’05 was elected a the Penn Law Alumni Club of China at counsel in the firm’s insurance and shareholder at the Oklahoma City the networking event, which featured reinsurance group, with a focus on office of Hall Estill. She joined the more than 40 representatives from insurance coverage and reinsurance firm as special counsel in 2016 prac- 28 law schools around the world. He litigation and arbitration matters. ticing primarily in banking and was also accepted as a new member commercial finance. As a professor in of the ICC Commission on Corporate

https://scholarship.law.upenn.edu/plj/vol53/iss1/166 PENN LAW JOURNAL SUMMER 2018 68 et al.: Penn Law Journal: Engineering Change at the SEC CLASS NOTES

Melanie Breaux L’07 was appointed and Retention Committee and the Litigation Branch. She is an enrolled to the board of Articulate, a WHYY/ chair of the South Street West Civic member of the Cheyenne River Sioux PBS program airing on WHYY, hosted Association. He works as senior coun- Tribe. by Jim Cotter. Articulate airs stories sel at Chamberlain Hrdlicka, where where life meets art. Breaux, an attor- he focuses on commercial litigation. Brooke Alexander L’08 was promoted ney at the commercial real estate law as counsel at Boies Schiller Flexner’s firm Larsson & Scheuritzel P.C., also Jonathan Phillips C’02, L’07 was Armonk, N.Y., office. She focuses her spoke as a panelist at a Penn Law named a partner at Gibson, Dunn practice on complex commercial lit- movie screening of Balancing the & Crutcher LLP’s Washington, D.C., igation, class action defense and Scales. The film chronicles the chal- office. He focuses his practice onFDA alternative dispute resolution. lenges women have historically faced and healthcare compliance, enforce- Christopher Havener L’08 was select- in the legal profession and profiles ment and litigation, as well as other ed from a pool of 40 applicants for the some of the women who have suc- government enforcement matters inaugural Buchholz Fellowship pro- ceeded despite those hurdles. and related litigation, with partic- ular experience in False Claims Act gram. The year-long fellowship was Justin Danilewitz CGS’03, L’07 joined investigations and litigation. created in 2017 by the Committee of Saul Ewing Arnstein & Lehr LLP in Seventy to build a pipeline of young October as a partner. He was previ- Eli Segal L’07 was promoted to part- leaders interested in improving the ously a New Jersey federal prosecutor, ner at Pepper Hamilton in January. governance of the Philadelphia re- in which he worked on several suits He focuses his practice on commer- gion and the state of Pennsylvania. involving white collar fraudsters, cial litigation, First Amendment and Havener is associate vice president violent drug dealers and victimiz- media and communications. and assistant general counsel for ers of children. His practice focuses employment law at Aramark. He Johanna Thomas L’07 joined Jenner on defending individuals and com- has volunteered for the Committee & Block as special counsel in the com- panies against U.S. Securities and of Seventy and has provided pro bono munications, internet and technology Exchange Commission and other counsel for the Resolute Alliance in practice in Washington, D.C. She was enforcement actions, conducting Yorktown, Teach for America and previously a legal advisor to Federal internal investigations and respond- Moving Traditions. Communications Commission Com- ing to whistleblower complaints. missioner Jessica Rosenworcel. Ravi Purushotham L’08 was elected a Benjamin O’Glasser L’07 was named member of Simpson Thacher & Bart- Sarah Walters L’07 joined Brown- a shareholder at Bullard Law in Port- lett LLP. He works in the firm’s New stein Hyatt Farber Schreck’s Natural land, Ore. He serves public and private York office and specializes in public Resources Department as of counsel. sector employers in employment, and private mergers and acquisitions She has extensive experience navi- labor, and benefits law matters, and and other corporate transactions. He gating policy priorities, regulations his work includes advice and litiga- regularly represents corporations and and legislation specific to Indian tion regarding wrongful termination private equity firms in a wide range affairs. She previously spent the and discrimination, as well as labor of transactions and corporate gover- past four years at the Department of contract interpretation and admin- nance matters. Interior as chief of staff and senior istration matters. counselor to the assistant secretary Andrew Rusczek GR’08, L’08 was Matthew Olesh L’07 was elected of Indian Affairs and most recently named a Rising Star in the 2017 New assistant treasurer to the board of as an attorney for the Division of England Super Lawyers and Rising governors of the Philadelphia Bar Indian Affairs. While there, she pro- Stars list for his work in healthcare. Association. He served as chair of the vided legal advice to program offices He is a partner at the Boston office organization’s Young Lawyers Divi- within Indian Affairs and across of Verrill Dana LLP. sion in 2017 and had served in various the department on various topics Tyler Shewey L’08 was elected equity positions of the Division’s executive including tribal self-governance, eco- partner at Berliner Cohen’s San Jose committee since 2012. Olesh is also an nomic development, social services, office. He counsels individuals and elected committeeperson for the 30th law enforcement and tribal justice. business entities on a wide range of Ward Democratic Executive Commit- Additionally, Walters served as a staff tax and business matters. Shewey’s tax tee, a director and co-founder of the attorney and counselor to the chair at practice includes both tax transactions Friends of Chester A. Arthur School the National Indian Gaming Commis- and tax controversy before the Inter- Education Foundation, the co-chair sion, and as a trial attorney for the U.S. nal Revenue Service and U.S. Tax Court, of the Philadelphia VIP Recruitment Department of Justice, Commercial

Published by Penn Law: Legal Scholarship Repository, 2018 67 69 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

Franchise Tax Board, California State in May, he will run in November sponsors, portfolio companies, public Board of Equalization, and Employ- against Republican Congressman and private borrowers and lenders in a ment Development Department. Keith Rothfus. He served as an assis- wide range of domestic and cross-bor- tant U.S. Attorney from 2015 to 2017, der financing transactions. David Troutman L’08 was promoted where he led prosecutions against to counsel at Latham & Watkins’ drug dealers and violent criminals Orange County, Calif., office. He is a and helped establish the Justice 2010s member of the firm’s litigation and Department’s Pittsburgh office as trial department and focuses on intel- a national leader in the fight against lectual property matters, including the heroin epidemic. Jonathan Ellis L’10 began work as an litigation and counseling regarding Assistant to the Solicitor General, a trademarks, trade dress, trade secrets, Jason Levine C’05, CGS’07, L’09 was role involving briefing and arguing copyrights, and false advertising, as elected a shareholder with the firm cases before the U.S. Supreme Court. well as a broad range of issues com- Hangley Aronchick Segal Pudlin & He previously served as a Bristow monly encountered by website owners Schiller. He practices in the litiga- Fellow in the Office of the Solici- and internet service providers. tion department and has diverse tor General and clerked for Judge experience in commercial disputes, A. Raymond Randolph on the D.C. Laura Bagarella L’09 was named internal and government investiga- Circuit and then for Chief Justice counsel for Cleary Gottlieb Steen & tions and regulatory enforcement John Roberts. Hamilton LLP in New York. She focuses actions. Levine maintains an active on issues regarding executive com- pro bono practice and serves on the Kenji Price L’10, a former federal pensation and employee benefits, regional board of the Greater Philadel- prosecutor and Army Ranger, was compensation disclosure obliga- phia and Southern New Jersey office appointed Interim U.S. Attorney tions, compensation-related aspects of the Anti-Defamation League and for Hawaii by Attorney General Jeff of mergers and acquisitions transac- on the associates board of City Year Sessions. He was most recently a tions and matters of private equity Philadelphia. director at the Honolulu law firm of compensation and governance. She Alston Hunt Floyd and Ing., focusing was previously an associate at the firm, Allison Reimann L’09 joined Godfrey on white-collar criminal defense and which she joined in 2009. & Kahn, SC as a member of the firm’s com­mercial litigation. litigation practice group in the Madi- Russell King L’09, a litigation part- son, Wis., office. Her practice focuses Joshua Link C’06, L’11 joined Dins- ner at Kirkland & Ellis, LLP in Chicago, on complex civil litigation, with an more & Shohl LLP’s Wayne, Pa., office was named by The National LGBT Bar emphasis in the areas of antitrust, as a debt restructuring and commer- Association as one of the Best LGBT the False Claims Act, healthcare and cial litigation associate in the firm’s Lawyers Under 40. Legal profession- commercial disputes. She previously business restructuring practice group. als were chosen for distinguishing practiced as a senior associate at Sid- He was previously at Drinker Biddle & themselves in their field and demon- ley Austin in Chicago. Reath. He has experience represent- strating a profound commitment to ing clients from a variety of industries LGBT equality. King serves on Kirkland Blaine Statham L’09 was promoted in contract and business tort, secu- & Ellis’ Firmwide Diversity & Inclu- to partnership at Haynes and Boone, rities fraud, drug product liability, sion Committee, the LGBT Diversity LLP’s Dallas office. As a member professional liability, consumer fraud, Subcommittee, and the Pro Bono of the firm’s mergers and acquisi- and TCPA individual and class actions. Management Committee. tions practice group, he focuses on Link has also represented clients in mergers, acquisitions, private equity white collar defense litigation and Conor Lamb C’06, L’09, a Democrat investments, joint ventures and other counseled them during internal and and former Marine, won the special corporate matters in a broad range government investigations. election in March for Pennsylva- of industries. nia’s 18th Congressional District in Pedro Gassant L’12 was named a Top a dramatic upset over the Republi- Jasmine Zacharias L’09 was elevated Lawyer 2018 in the South Florida edi- can candidate. He will represent the to shareholder at Greenberg Traurig’s tion of Attorney at Law Magazine, in district, in southwestern Pennsylva- Miami office, where she is a member which he was featured in a Q&A arti- nia, for the remainder of 2018 to fill of the corporate practice. She focuses cle. An associate at Holland & Knight, the seat left open following former on corporate finance, private equity Gassant is a Miami governmental Rep. Tim Murphy’s resignation. If and banking and credit matters. advocacy and development attorney Lamb wins the Democratic primary Zacharias represents private equity who focuses his practice on land use, zoning, and procurement matters. https://scholarship.law.upenn.edu/plj/vol53/iss1/168 PENN LAW JOURNAL SUMMER 2018 70 et al.: Penn Law Journal: Engineering Change at the SEC CLASS NOTES

Lauren Connell GED’11, L’14 was employment litigation. She also has Ana-Maria Satmar GL’16 joined Royer named Akin Gump’s pro bono coun- experience in commercial litigation Cooper Cohen Braunfeld LLC’s new sel. In her previous role as an associate and breach of contract issues. international practice group after in the firm’s corporate practice, she clerking at Cadwalader, Wickersham coordinated the Karnes City Immi- Elizabeth Webb Bucilla L’16, an asso- & Taft LLP in New York. Previously, grant Family Pro Bono Project in ciate at Potter Anderson & Corroon, she had practiced law for almost Karnes, Texas, which served women LLP’s corporate group in Wilmington, nine years at Schoenherr Attorneys and children detained after fleeing vio- Del., was sworn into the Delaware bar at Law in Bucharest, Romania. At the lence in Central America. Her work was in December 2016. Philadelphia office, Satmar will use featured by The National Law Journal the relationships she has developed Thomas Chisena L’16 joined the Bos- and The New York Times, among other in countries including Austria, the ton office of Fish & Richardson as an media outlets, and she was honored United Kingdom, Germany, France associate at the firm’s intellectual by Akin Gump as Pro Bono Associate and Mexico to help grow the firm’s property litigation group. He was pre- of the Year in 2016 for her role in coor- international practice. viously a summer associate at the firm dinating the work of the firm lawyers and worked on patent, trade secret representingn detainees. Thomas Farrow L’17 joined Foster Pep- and trademark litigation. per’s Seattle office as an associate after Rebecca Smock L’14 joined Moye working there as a summer associate. Katherine Chu L’16 joined the New- White, LLP’s Denver office as an asso- He works in the firm’s real estate prac- ark office of law firm Landman Corsi ciate in the firm’s business section. tice. Prior to joining Foster Pepper, she Ballaine & Ford as an associate. Previ- Her practice focuses on commercial was a judicial intern for the Honorable ously, she clerked for Superior Court law including franchise, distribution, James Robart, U.S. District Court, West- Judge Katie Gummer in Monmouth and mergers and acquisitions. She was ern District of Washington. County, N.J. previously an associate at DLA Piper in Andrew Golden L’17 joined Morris, New York City, where she represented Brandon Floch L’16 joined Kenny Nichols, Arsht & Tunnell LLP as an clients on a variety of corporate matters. Nachwalter, PA’s Miami office as an associate in the firm’s business and associate. He focuses his practice Nina Martinez L’15 joined the New restructuring group. on complex business litigation and York office of employee rights law firm antitrust law. He previously clerked Outten & Golden LLP, where she is a Zachary Martin L’17 joined Lightfoot, for Judge James Brady of the Middle member of its class action practice Franklin & White LLC as an associate District of Louisiana. area. Previously, she was a Skadden in the firm’s Birmingham, Ala., office. His practice areas include white col- Fellow at the New York Legal Assis- Casey Kraning-Rush L’16 joined the lar criminal defense and corporate tance Group, where she developed Wilmington, Del., office of Fish & investigations, international disputes, the Employment Mediation Project. Richardson as a litigation associate. product liability and shareholder, Kraning-Rush also holds a Ph.D. in Sarah Morrissey C’12, L’15 joined Eck- partner and LLC member litigation. biomedical engineering and has exten- ert Seamans’ litigation division as an sive experience researching cellular associate at the firm’s White Plains Melanie Young L’17 joined Morris, and molecular medicine. She was pre- office. She focuses her practice on Nichols, Arsht & Tunnell LLP as an viously a summer associate with the bankruptcy and insolvency-related associate in the firm’s commercial firm and focused on patent litigation. law, product liability, and labor and law counseling group.

Published by Penn Law: Legal Scholarship Repository, 2018 69 71 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

–20IN MEMORIAM 18)

of the Penn Law community and the broader legal PENN LAW COMMUNITY academy and a devoted teacher and mentor. He will MOURNS LOSS OF be deeply missed.” “Geoff Hazard was a gifted scholar, teacher, insti- GEOFFREY C. HAZARD, JR. tutional leader, and citizen,” said Stephen B. Burbank, David Berger Professor for the Administration of Justice. “A lawyer of immense and various talents and interests, he was as comfortable excavating the etiology of complex procedural doctrines as he was eoffrey C. Hazard, Jr., negotiating the drafting compromises necessary to Emeritus Professor of Law at achieve consensus on court rules or legislation.” the University of Pennsylvania Burbank added: “Geoff was a true public intellec- Law School, died on January tual, a supremely effective pragmatist who preferred 10, 2018, at the age of 88. a life of active involvement to the leisure of the theory Hazard served as Trustee class. Rarely has a single lawyer achieved such distinc- Professor of Law at Penn tion in so many roles, and rarely has the administration Law for 15 years, from 1994 of justice had such an incisive and knowledgeable to 2009, and he was a champion working for its benefit in so many ways. I leading figure in the fields of civil procedure, judicial was proud to have Geoff as a colleague. He will always Gadministration, and legal ethics. Prior to joining the be my mentor and friend.” faculty at Penn Law, he was a law professor at Yale, the Hazard coauthored leading treatises and casebooks University of Chicago, and the University of California, on civil procedure — Civil Procedure (6th ed. forthcom- Berkeley. In 2009, he joined the faculty of the University ing 2018, with John Leubsdorf & Debra Lyn Bassett); of California Hastings College of the Law, though he Pleading and Procedure: Cases and Materials (11th ed. continued to regularly teach courses on advanced 2015, with William A. Fletcher, Stephen McG. Bundy, & federal procedure at Penn Law. Andrew D. Bradt) — and professional ethics — “Professor Hazard was a true giant in American The Law of Lawyering (4th ed. 2015, with W. William law,” said Ted Ruger, Dean of the Law School and Hodes & Peter R. Jarvis); The Law and Ethics of Bernard G. Segal Professor of Law. “In addition to Lawyering (6th ed. 2017, with Susan P.Koniak, Roger making a lasting impact on the fields of civil proce- C. Cramton, George M. Cohen, & W. Bradley Wendel). dure and legal ethics, he was an eminent member His other writings spanned a broad range of topics,

https://scholarship.law.upenn.edu/plj/vol53/iss1/170 PENN LAW JOURNAL SUMMER 2018 72 et al.: Penn Law Journal: Engineering Change at the SEC

including civil procedure for international commercial His numerous awards included the ABA Michael disputes; joinder, including class actions and discovery; Franck Award in Professional Responsibility; the and legal ethics, particularly comparing the ethics American Bar Foundation Research Award and William practices of lawyers in modern industrialized nations. Keck Foundation Award; the Columbia University From 1984 to 1999, he served as the Director of School of Law Association Medal for Excellence; the American Law Institute, the leading independent the American Judicature Society’s Outstanding organization in the United States producing scholarly Contributions to Promoting Effective Administration work to clarify, modernize, and improve the law. of Justice; the ceremony of Salute, Superior Court of “Geoff Hazard played a foundational role in the Pennsylvania; the International Insolvency Institute past half-century of civil procedure and legal ethics,” Gold Award; and the ABA Robert J. Kutak Award; as said Catherine Struve, Professor of Law. “He was a well as seven honorary degrees. beloved and revered counselor to the federal procedural “Few lawyers in the last half century have had a rulemaking committees and the American Law Institute more profound impact on the state of the law than (having led the ALI for 15 years as its Director). He was Geoff Hazard,” wrote Judge Anthony Scirica in a a brilliant, kind, and generous teacher, not only of law 2010 tribute in the University of Pennsylvania Law students but of his junior colleagues, including me.” Review. “And few have had the ability to bridge and Raised in Kirkwood, Missouri, Hazard graduated connect the worlds of the academy, law practice, and Phi Beta Kappa from Swarthmore College in 1953, and, the administration of justice. The commonwealth in 1954, he received his LLB from Columbia University, has always been Geoff’s polestar. He is one of the where he served on the Columbia Law Review. law’s wise men.”

PHOTO: COURTESY OF THE AMERICAN LAW INSTITUTE

Published by Penn Law: Legal Scholarship Repository, 2018 71 73 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

Mr. and Mrs. Shanis also enter- of the American Bar Association and tained high-profile visitors to the Probate and Trust Law Section 1940s Philadelphia, including Gregory Peck, of the Philadelphia Bar Association. Quincy Jones, Oprah Winfrey and He also served on and chaired sev- Luciano Pavarotti. eral nonprofit boards, including at Joseph Shanis L’43, a retired cor- He was remembered by his fam- the University of Pennsylvania, the porate attorney, department store ily for his affinity to help others and William Penn Charter School, WHYY, executive and Philadelphia philan- for his humility and love of family. Inc., and Fidelity Bank. Mr. Brown was thropist, died March 17. He was 97. Mr. Shanis is survived by his wife a member of several organizations, Mr. Shanis was born in Philadel­ Carole; children Harry “Hal,” Nona, including the Council on Foreign phia to Russian immigrants, from Jennifer and Jonathan; eight grand- Relations, the International Peace whom he learned the ins and out of children; and two great-grandchildren. Institute, the American Foundation business as he observed them expand for the University of the West Indies, a corner grocery in Chester, Pa., to a Richard Brown, Jr. L’48, a Phila­del­ the Foreign Policy Research Institute, wholesale grocery business. phia lawyer and decorated World the Eisenhower Fellows, International He graduated from Chester High War II veteran, died May 29. He was 96. House Center and the World Affairs School and Temple University, and Mr. Brown grew up in the East Falls Council of Philadelphia. after graduating from Penn Law, neighborhood of Philadelphia and Additionally, for more than 20 worked for ten years at Fox Rothschild graduated from William Penn Charter years, he volunteered as a driver for O’Brien & Frank. In 1947, he married School and Princeton University. cancer patients to and from the hos- Louise Stern, and the couple had three During World War II, he served pital, which he did until he was 94. children. A few years later, his father- in the Navy as a junior gunnery offi- Mr. Brown is preceded in death by in-law, who owned Stern’s Department cer on the battleship Alabama in his wife of 36 years, Virginia Curtin. He Store, asked him to join the business, the North Atlantic and South Pacific. is survived by his companion, Vivian and Mr. Shanis eventually became Later, he served on the staff of the Piasecki, two nieces and a nephew. chairman of the board. He and his Commander, Amphibious Force brother-in-law ran the chain of 25 Pacific Fleet. He fought in the inva- stores for the next 40 years until the sions of the Marianas, Iwo Jima and 1950s last stores closed or became Macy’s Okinawa. At Iwo Jima, he witnessed in 2001. the iconic moment when soldiers raised the American flag atop Mount Mr. and Mrs.Shanis supported The Honorable Horace Davenport Suribachi. Mr. Brown was awarded the Friends of Independence National G’47, L’50, the first African-American Bronze Star and six Campaign Stars. Historical Park, the Philadelphia judge on the Common Pleas Court After graduating from Penn Law, Museum of Art and the Portrait in Montgomery County, died March Mr. Brown began a 40-year career Gallery in the Second Bank of the 21. He was 98. as a partner at Morgan Lewis in United States. In 1982, Mrs. Shanis Judge Davenport was born in Philadelphia. He held many leader- died after the couple had been married Newberry, S.C., and amidst the Great ship positions at the firm, including 35 years. Five years later, Mr. Shanis Migration, he and his family eventu- in 1962 on the planning committee married Carole Price, and they moved ally settled in Norristown, Pa. For a that oversaw the modern transforma- from Society Hill to Center City to be couple of years, he returned to the tion of the firm, and as the head of the closer to the Philadelphia Art Alliance family farm in Newberry to live with litigation practice from 1967 to 1978. headquarters. his grandparents. His grandfather, He also helped develop the firm’s The couple supported the Phila­ born a slave, instilled in him values acclaimed product liability practice. delphia Orchestra, the Curtis Institute of hard work and education. In 1974, Mr. Brown led the first of Music, the Marian Anderson Award, In 1938, he graduated from American tour of China after relations Friends of Rittenhouse­ Square, the Norristown High School and attended improved between the two countries. Kimmel Center for the Performing Johnson C. Smith University on a After retiring from Morgan Lewis Arts and the Metropolitan AIDS football scholarship. Weeks before in 1988, he volunteered as a judge Neighborhood Nutrition Alliance, graduating, he was drafted into the pro tem and conducted settlement which awarded them its first Out­ U.S. Army. conferences in cases pending in the standing Community Leadership During World War II, he served Philadelphia Court of Common Pleas, Award in 2002. as an engineer and led the building a role he held until he was 92. and maintenance of airfields on New Mr. Brown was civically active. He Caledonia, a major Allied base in the chaired the International Law Section https://scholarship.law.upenn.edu/plj/vol53/iss1/172 PENN LAW JOURNAL SUMMER 2018 74 et al.: Penn Law Journal: Engineering Change at the SEC IN MEMORIAM

1951, from Penn Law, where he was editor of the Law Review and a mem- ber of the Order of Coif. Richard Brown, Jr. L’48 That same year, he was drafted into the U.S. Army to serve in the Korean War. As a commissioned offi- During World War II, cer, he attended the Judge Advocate General’s School before becoming he witnessed the iconic the chief prosecutor for the Eighth Army in Korea. He received the Bronze moment when soldiers Star and several other service medals. After the war, he clerked for raised the American flag President Judge O. Lewis of the Philadelphia Court of Common Pleas and then worked as associate director atop Mount Suribachi of the Institute of Legal Research at Penn Law. In 1955, he joined Shapiro at Iwo Jima Rosenfeld Stalberg & Cook and became a partner; in 1967, he joined what even- tually became Mesirov, Gelman, Jaffe, Cramer & Jamieson, LLP, where he was a managing partner. He special- ized in corporate and commercial law. Pacific. He also served at Guadalcanal, him the Golden Crowbar Award in Around this time, he also vol- Iwo Jima and Soi Pan. He was honor- 1996. When the State Supreme Court unteered as chairman of the board ably discharge as a first lieutenant. changed the mandatory retirement of Graduate Hospital, and in 1989, In 1944, he met and married age in 2003 to 80, Judge Davenport became the chairman of the board Alice Latney, and the two would be unenthusiastically resigned at the and chief executive officer of Graduate married for 74 years and have four age of 84. Health System, Inc., which under children. Through the G.I. Bill, he He received many awards for his his leadership, acquired hospitals completed his bachelor’s degree at academic, professional and civic in Pennsylvania and New Jersey and Howard University. He earned a master achievements, and he served as presi- eventually became a part of Penn of science from the Wharton School dent of the La Mott Historical Society, Medicine. in 1947 and a bachelor of laws three was a trustee of Johnson C. Smith Mr. Cramer returned to Mesirov years later from Penn Law. University, a trustee of the Florida in 1996 as of counsel and remained Judge Davenport entered private Sunburst Scholarship Foundation and in that role when the firm merged practice in 1951 and handled cases in a director of the Central Montgomery with Schnader Harrison Segal & Lewis criminal and civil law. He developed a County American Red Cross. He was in 2000. He retired as a partner at specialty in school law and was a solic- active in several other organizations. Schnader and also served as Judge itor for the Norristown Area School Judge Davenport is preceded Pro Tem for the Court of Common District, the Norristown Areas School in death by his siblings, Edward, Please of Philadelphia. From 1994 Authority and the Central Montgomery Carolyn, Winifred, Mildred, Julius to 2017, he was a director of Penn Vocational-Technical School. In 1971, and Katherine. He is survived by his National Gaming, Inc. he was a founding partner of Gerber wife Alice; children Beverly, Horace Mr. Cramer was an active volunteer Davenport and Wilenzik, where he Jr. and Nina; grandchildren Melanee, and held leadership positions on the continued to focus on school law. Cameron and Tucker; and two boards of several legal, medical and In 1975, he ran for and won a great-granddaughters. Jewish related organizations, including judgeship on the Court of Common the Philadelphia Bar Foundation, the Pleas, 38th Judicial District of the Harold Cramer L’51, PAR’83, a Korean College of Physicians of Philadelphia Commonwealth of Pennsylvania. He War veteran who spent his life as a local and the Jewish Federation of Greater became a senior judge in 1989 and leader and litigator in Philadelphia, Philadelphia. He was also a co-founder worked to settle cases outside the died Sept. 1. He was 90. of Penn Law’s Owen J. Roberts Lecture courtroom, which reduced a backlog A native Philadelphian, Mr. Series and served as president of the of 4,000 cases to 400. For those efforts, Cramer graduated from Central High Law Alumni Society Board of Managers. the Conference of Trial Judges gave School, Temple University, and in He and his wife, Geraldine, contributed

Published by Penn Law: Legal Scholarship Repository, 2018 73 75 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

millions of dollars for the renovation The Honorable Alfred Fraczkowski Laurel, Adrienne and Gregory; and of Silverman Hall in 2012, and the lec- L’52, a former longtime chief munic- two great-grandchildren. ture hall and seminar room are named ipal judge in Wilmington, Del., died after them. Dec. 21, 2016. He was 90. Daniel Metzman W’48, L’52, of Rock- He was recognized with many Judge Fraczkowski was born in ville, Md., died Dec. 25, 2016. He is awards for his service to the com- Wilmington and in 1944 graduated survived by his wife, Beatrice; children munity, including the Philadelphia from Salesianum School. He earned Jeffrey, Mark, Eric and Mitchell; and Bar Medal, for extraordinary service his undergraduate degree from the grandchildren Michael, Trevor, Derek, to the Philadelphia Bar Association; University of Delaware before attend- Jonathan, Elana, Jordan and Callie. the Liberty Bowl, presented by the ing Penn Law. He also served in the mayor of Philadelphia; and the U.S. Army. Mitchell Brock L’53, who built a Jewish Humanitarian Award from From 1969 until his retirement in 40-year law career at Sullivan & Crom­ the American Jewish Congress. 1998, Judge Fraczkowski was the chief well in New York City, died July 22. Mr. Cramer is survived by his judge of the Wilmington Municipal He was 89. wife, Geri, and his daughter, Patricia Court. Until recently, he served as Mr. Brock was born in Wyncote, Cramer C’83. a judge on the Delaware Court of Pa., and attended Episcopal Academy Common Pleas. in Philadelphia and St. Paul’s School Joseph McDade L’56, an 18-term In his community, he served as in Concord, N.H. After a year in the Republican congressman from counsel to the Diocese of Wilmington Navy, he graduated from Princeton Pennsylvania who championed his and on the boards of St. Francis University and Penn Law. district’s coal economy, died Sept. 24. Hospital and Catholic Cemeteries. He became a partner at Sullivan & He was 85. He is survived by his wife of 66 Cromwell in 1960, and from 1965 to Mr. McDade was born in Scranton, years, Elizabeth “Betsy”; children 1968, worked in the firm’s Paris office. Pa., and graduated from the University Justine, Michele, Kurt and David; sis- From 1987 to 1990, Mr. Brock was the of Notre Dame. In 1962, nine years ter Justina; grandchildren Ryan, Emily, partner-in-charge of the Tokyo office.

after his graduation from Penn Law, CONTINUED ON PAGE 76 he was elected to the U.S. House of Representatives. When he retired from Congress at the end of 1998, he had been the longest-serving Republican in the House, although that record was broken in 2010 by Rep. John Murtha. Joseph McDade L’56 Mr. McDade was considered a pro-labor Republican who was con- An 18-term Republican servative on social issues and a strong advocate for military spending. In his tenure, he worked to prevent the congressman from closing of the Tobyhanna Army Depot southeast of Scranton, and Pennsylvania who in doing so saved thousands of jobs. He also secured $70 million in fed- championed his district’s eral funding for a museum at an old rail yard in Scranton called the coal economy…when he Steamtown National Historic Site. Mr. McDade also convinced the Defense Department to buy about 10 percent of retired from Congress at the nation’s annual output of anthra- cite coal, mined in Pennsylvania, for the end of 1998, he had use by the Pentagon. He is survived by his wife, Sarah; been the longest-serving children Joseph Jr., Mark, Aileen, Deborah and Jared; three sisters; and Republican in the House six grandchildren.

https://scholarship.law.upenn.edu/plj/vol53/iss1/174 PENN LAW JOURNAL SUMMER 2018 76 et al.: Penn Law Journal: Engineering Change at the SEC IN MEMORIAM

in 1956, going on to serve as chairman of the litigation section and a member of the firm’s management committee, and during that time, chancellor of the Philadelphia Bar Association. President Reagan appointed Judge O’Neill to the United States District Court for the Eastern District of Pennsylvania on August 5, 1983. He became senior judge in July 1996. During 34 years on the bench, Judge O’Neill mentored countless clerks, among them Alex Potter L’14, who served as clerk from 2014 to 2015. Potter said the judge taught him to approach every issue and case with an open mind and no preconceived notions. “He was a very pragmatic judge and non-

PHOTO: COURTESY OF THE FAMILY COURTESY PHOTO: ideological,” Potter said. In addition to his legal pragmatism, Judge O’Neill was known for his kindness, humility and accessibility. Sarah Ricks, distinguished clinical professor at Rutgers School of Law-Camden, remembers how he graciously hosted her 1L students for an hour THE HONORABLE in his courtroom every year for 17 years, taking questions and allaying their fears. THOMAS N. O’NEILL, JR., “He was so kind to them and so welcoming,” reassuring A FAIR-MINDED JUDGE WITH the students that they would succeed in the profession despite the natural anxiety they felt in their first year of law school, A BIG HEART, DIES AT 89 said Ricks, a visiting professor at Penn Law School during the 2012–13 school year. “He respected every individual,” Ricks added. Judge O’Neill remained loyal to Penn Law School. He served he Honorable Thomas N. O’Neill, as president of the Penn Law Alumni Society and was founding Jr., L’53, who died in January at the age chairman of the University of Pennsylvania Law School American of 89 after more than 30 years on the Inn of Court. He also co-founded the Owen J. Roberts Memorial Eastern District of Pennsylvania court, was Lecture in Constitutional Law along with The Hon. Norma L. praised by law clerks and colleagues as a Shapiro L’51, The Hon. Dolores Sloviter L’56, and Harold Cramer pragmatic judge who treated every litigant L’51 as a tribute to their former law professor. In addition, clerks and lawyer equally. and friends established The Honorable Thomas N. O’Neill, Jr. “Every case to Tom O’Neill was a big Prize Fund which provides support to the Toll Public Interest case,” said Judge John Padova, who Center and initiatives aimed at helping disadvantaged individuals. served with Judge O’Neill for 25 years and who called him a mentor. John Summers L’84, who clerked for Judge O’Neill from 1984 ‌T“He was a superb jurist who will be missed on a daily basis to 1986, helped establish the fund several years later. In his eulogy, not only by his colleagues but by the thousands of lawyers who Summers shared a story to illustrate Judge O’Neill’s modesty. appeared before him,” Judge Padova said. Summers prepared a draft ruling. The judge wanted to know if Meredith DuBarry Huston L’03, who clerked for Judge O’Neill the parties had worked hard to resolve the dispute themselves. after graduation from Penn Law and from 2010 until his retire- Summers asked the judge why he didn’t just make a decision, to ment in September, said the judge worked hard for fair outcomes, which Judge O’Neill responded: “ ‘John, don’t ever forget how little understanding that there were two sides to every story. we know … Don’t ever forget how imperfect this process is.’ ” “In civil litigation you have a good number of fights that are big Judge O’Neill maintained a strong connection to Summers guy versus little guy,” Huston said. “He always wanted to make and the more than 40 clerks who worked for him and to Penn Law sure that the little guy had a chance to be heard.” School. He attended a monthly luncheon with his classmates for Judge O’Neill came to the bench after years of academic much of the last 60 years. The Hon. Edward Bradley W’50, L’53, and professional achievement. He received his A.B. magna one of Judge O’Neill’s best friends, has been a regular participant. cum laude from the Catholic University of America in 1950 and Every month, he said, an alumnus would act as host, in 1953 earned his L.L.B. magna cum laude from Penn Law choosing the restaurant and picking up the tab. Judge O’Neill School, where he served as articles editor of the University of was going to host the January luncheon. Pennsylvania Law Review and was a member of Phi Beta Kappa Judge O’Neill is survived by his wife of almost 57 years, and the Order of the Coif. Jeanne Marie Corr, daughter Caroline J. O’Neill (Brad Gustafson), He went on to serve as law clerk to Judge Herbert F.Goodrich son Thomas N. O’Neill III L’90 (Veronica Chan), daughter Ellen of the U.S. Court of Appeals for the Third Circuit and to Justice O’Neill Deitrich GED’ 89 (J. Norman) and six grandchildren, Harold H. Burton of the U.S. Supreme Court. After completing his Jake, Sean and Alex Deitrich, Anna Gustafson and Héléna and studies as a Fulbright Scholar at the London School of Economics, Amélie O’Neill. He is survived by his sister Nancy Carignan Judge O’Neill joined Montgomery, McCracken, Walker and Rhoads and many nieces and nephews and their families.

Published by Penn Law: Legal Scholarship Repository, 2018 75 77 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

He served on the boards of the ago when he survived a traumatic executive-in-residence at the University American Foundation for the Blind, brain injury. of Rhode Island’s School of Business. Helen Keller International and the Mr. Frankhauser is survived by Mr. Graboys, who loved to run, also Frost Valley YMCA. He was also a his wife, Joan; sister Deanne; chil- began Citizens’ sponsorship of the member of the Anglers, Ivy, and dren Scott, Greg and Victoria; and Ocean State Marathon, which he ran Princeton clubs. eight grandchildren. four times. He continued running un- His family remembered him for til he was 80. his optimism, manners and keen George Graboys L’57, who ran Rhode Mr. Graboys is survived by his wife mind. Mr. Brock was preceded in death Island’s largest bank and earned a rep- of 60 years, Lois; children Ken, Jim by a daughter and by his wife, Gioia; utation for serving the state’s most and Angela; and five grandchildren. he is survived by a sister, three chil- vulnerable citizens, died Dec. 16. He dren and seven grandchildren. was 85. John Suria L’57, a Korean War veteran Mr. Graboys, was born in Fall and longtime Philadelphia estates Mahlon Frankhauser L’57, a longtime River, Mass. After graduating from attorney, died Sept. 6. securities and regulatory attorney, Dartmouth­ College and Penn Law, He served in the U.S. Army during died July 10. He was 85. he followed his father into banking. the Korean War and was stationed Mr. Frankhauser, of Shillington, He started in 1969 as vice president in Japan. Upon returning to the Pa., graduated from Albright College. of Citizens Trust Co., which until a United States, he enrolled in Penn After graduating from Penn Law in few decades ago was the only bank Law, where he received a faculty 1957, he worked in the Office of with offices in South Providence. He scholarship and met his future wife, General Counsel at the Securities became president in 1975 and cor- Ellen Suria L’57. The two married on and Exchange Commission. He was porate chairman in 1984, the year in Valentine’s Day in 1958. named chief of the Commission’s which he transformed Citizens from Mr. Suria spent his career as an Office of Criminal Reference in the a mutual savings bank to a stockhold- esteemed estates attorney at Saul Division of Trading and Markets, and er-owned company. Two years later, he Ewing, first as an associate and then was later appointed regional admin- sold Citizens to Royal Bank of Scotland as a partner. He was known as one of istrator of its New York regional office. Group for $440 million. When he the state’s leading probate lawyers. Mr. Frankhauser then joined the retired as chairman and chief exec- He became the first Demo­­crat New York Stock Exchange as vice utive officer in 1992, he left the bank elected to Lower Merion Township’s­ president and deputy director of its as a $4 billion financial institution. board of commissioners. After moving department of member firms. In his As a banker, Mr. Graboys also to Bryn Mawr, he joined the Merion next career move, he served as senior fought “redlining,” or the denial of Cricket Club, where he enjoyed ten- vice president, secretary and gen- mort­gages for properties in less afflu- nis and social events. eral counsel of CBWL-Hayden Stone. ent areas. He also felt strongly about Mr. Suria was remembered for his He rounded out his law career as a helping others and served on multi- sincerity, generosity, wit and kindness. securities and derivatives litigator ple boards. He was chairman of the He is survived by his wife, Ellen; son and regulatory counsel at Kirkland Rhode Island Foundation; a found- John; and seven nieces and nephews. Ellis & Rowe; Barrett Smith Shapiro ing member, chairman and director Simon & Armstrong; and Kirkpatrick of the Children’s Crusade for Higher David Cohan L’58, a longtime Balti­ & Lockhart. Education; a former chairman of more attorney who established a Mr. Frankhauser wrote a book the Rhode Island Urban Project, the national cancer awareness founda- on commodities regulation in addi- state Board of Governors for Higher tion, died June 19. He was 83. tion to co-authoring one on securities Education and the United Way of Born in Baltimore, Mr. Cohan enforcement. He was also an adjunct Southeastern New England. He was attended the Johns Hopkins Univer­ professor at St. John University School a director of The Miriam Hospital, sity, and following his graduation from of Law, Catholic University Law School the International Institute of Rhode Penn Law, clerked for Chief Judge Hall and Georgetown University Law Center. Island and the National Conference Hammond of the Maryland Court of Aside from practicing law, Mr. of Christians and Jews, and national Appeals. He then joined the law firm Frankhauser loved dancing, skiing, director of the Chamber of Commerce. of Weinberg and Green as an associ- sailing, running, tennis, hiking, gar­ In 1990, the Anti-Defamation League ate and quickly made partner. dening and spending time with friends of New England honored him for his During the 1960s and on occa- and family. His family remembered community service with the Torch of sion through the early 1980s, Mr. him for his ethics and kindness, and Liberty Award. Cohan was a concert promoter for they considered it a miracle 19 years After his retirement, he be- the Baltimore Civic Center. His fam- came an adjunct professor and ily credited him with booking acts https://scholarship.law.upenn.edu/plj/vol53/iss1/176 PENN LAW JOURNAL SUMMER 2018 78 et al.: Penn Law Journal: Engineering Change at the SEC IN MEMORIAM

years in Japan shortly after the Korean War. Later, in the early 1960s, he joined the Reserves as a Judge Advocate and David Cohan L’58 served until 1968, having attained the rank of Captain. He gave [Susie’s Cause], Upon graduation from Penn Law, he joined his father’s Lancaster County law firm, which originated in 1901 which raises awareness with his grandfather. He eventu- ally worked at other firms, and then about the importance started his own practice, specializing in bankruptcy law. Mr. Geisenberger of colon cancer was remembered as a “bulldog” for his clients and the law, and he wasn’t prevention and screening, afraid to take on unpopular cases. He retired in Aug. 2017 at age 86 after 58 years of active, full-time practice. national presence In 1985, Mr. Geisenberger was elected president of the Lancaster Bar Association. He was also a medi- ator and arbitrator and taught several CLE classes. Mr. Geisenberger was an avid including Stevie Wonder, Diana Ross Mr. Cohan is survived by chil- Philadelphia sports fan and long- and the Supremes, The Who, The dren Allan, Kim and Jody, and six time Philadelphia Eagles season-ticket Temptations and Jackie “Moms” grandchildren. holder who attended the 1960 Mabley, among others. He also champion­ ­­­ship game. He also loved became known as an entertainment Martin Evelev L’58, who spent his golfing and spending time with his lawyer and represented local music career in-house at Ford Motor Com­ grandchildren. and sports figures. pany, died May 12, 2017. He was 86. Mr. Geisenberger is survived by In 1970, Mr. Cohan started his Mr. Evelev, born in Reading, Pa., his first wife, Rosalind, and his com- own firm, Cohan & West, PC, where he was employed for most of his career in panion of 13 years, Dinah; children worked until his death. His practice the Office of General Counsel at Ford Steven, Robert, Lynn and Richard; focused on civil litigation, business Motor Company, where he focused on eight grandchildren; Dinah’s children transactions and business and estate international trade agreements that Dori and Dana; and his sister, Ann. planning. took him all over the world. In 2004, one of his daughters, He and his wife, Leila, also loved Donald Beckman C’53, L’59, a long- Susan, died from colon cancer, traveling. He was remembered as a time Philadelphia lawyer whose moti­vating Mr. Cohan was to estab- loving husband and kind, support- family is steeped in Penn Law tradi- lish the Susan Cohan Colon Cancer ive father. He is survived by Leila; tion, died May 30. He was 85. Foundation, also known as Susie’s sons David and John; and grandchil- Mr. Beckman, who was born Cause. He gave the organization, dren Natalie, Ben, Margaret, Louise and raised in the Fishtown neigh- which raises awareness about the and Sarah. borhood, was the son of Eastern importance of colon cancer preven- European immigrants. His father, Jacques (Jack) Geisenberger, Jr. L’58, tion and screening, national presence. Meyer Robert Beckman C’28, L’32, a third-generation Lancaster County He also held an annual Baltimore-area was the first in the family to gradu- attorney, died Nov. 10. He was 86. cancer awareness festival in partner- ate from law school, while his mother, Mr. Geisenberger attended J.P. ship with a local hospital. Ada Horowitz Beckman, was among McCaskey High School and earned In 2016, the American Society the first 10 women in Pennsylvania his bachelor’s degree in history from of Colon and Rectal Surgeons rec- to graduate from Temple University Franklin & Marshall College. He was ognized Mr. Cohan with the David School of Law. an ROTC student who joined the U.S. Jagelman Award for Advocacy in His brother, Robert Beckman C’51, Air Force after graduation, serving two Colorectal Cancer. L’56, was also a Penn Law alum, as is one of his sons, Bradley Beckman L’88.

Published by Penn Law: Legal Scholarship Repository, 2018 77 79 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

One of Mr. Beckman’s grandchildren, Rachel, is set to graduate from Penn Law in spring 2018. After earning his undergradu- The Honorable Michael King L’59 ate degree from Penn, Mr. Beckman served in the Korean War in Navy Supply Corps. He was given the He wrote more than 400 National Defense Ribbon and the Navy Occupation Service Medal for Europe, published opinions, most and was honorably discharged with the rank of lieutenant, junior grade. of which still stand, and Mr. Beckman joined Dechert Price & Rhoads in Philadelphia after attending Penn Law and practiced from 1977 to 2002, had a international corporate law there for three decades. He was an asso- 93 percent affirmance rate ciate at the firm from 1959 to 1965, and a partner from 1965 to 1984. In with just 27 case reversals the late 1970s, he assisted with the international expansion of the firm and moved with his wife, Aileen Kohn Beckman CW’65, GED’70, to London, returning stateside in 1983. Mr. Beckman soon joined Csaplar & Bok. He left in 1988 left to start his as a New Jersey appellate judge, died as special master. The first, Abbott v. own firm, Beckman and Associates, Nov. 25. He was 82. Burke, was a landmark education case with his son Bradley. The firm, still Judge King was born in Camden, which challenged the way school dis- in Center City today, is now Beckman N.J., and attended Haddonfield tricts in the state were funded. His & Marion. Memorial High School. He gradu- 1998 report recommended sweeping He also served as special coun- ated from Fordham University in 1956 reforms, including full-day pre-kinder­ sel to Saul Ewing Remick & Saul and and from Penn Law in 1959. He earned garten for 3- and 4-year-olds, full-day was on the board of directors for a master’s degree in judicial stud- kindergarten for 5-year-olds, summer Teleflex Inc. He was active with the ies in the 1980s from the University school for children who needed it, Allied Jewish Appeal and did pro bono of Virginia. and school-based health and social legal work in the community; in addi- After graduating from Penn Law, services for students in need. Most tion, he served as a member of the Judge King practiced civil law in of his findings remain in place today. Committee of Seventy and as vice Camden, becoming an expert in insur- In the other case, State v. Chun, chairman of the board of directors ance and evidence law. He was a partner Judge King was asked to research the for the local United Way. He headed at Kisselman, Deighan, Montano, King accuracy of blood-alcohol readings, the Bala Cynwyd Library, and in the & Summers. In 1972, Gov. William which was the first time that breath- 1960s and ’70s, was active with the Cahill appointed him to the New Jersey alyzers were tested for reliability. In Main Line Reform Temple and the Superior Court. Judge King was later 2008, the Supreme Court ruled that, Boy Scouts. elevated to the appellate division. with certain precautions in place, the His family remembered him for In his judicial tenure, he served equipment was accurate. his intellect, generosity, kindness and as chair of the Municipal Court Judge King was known for the love of family. Committee, and from 1982 to 1986, mentorship of his many clerks, and for Mr. Beckman is preceded in as chair of the Criminal Practice advocating for women to join the legal death by his brother, Robert, and a Committee. He wrote more than 400 field. He also coached Little League son, Richard. He is survived by his published opinions, most of which and from the mid-1960s to his appoint- wife of 65 years, Aileen; sons Bradley still stand, and from 1977 to 2002, had ment on the bench, served as counsel and Howard; four grandchildren; and a 93 percent affirmance rate with just to the Haddonfield Planning Board. two great-grandchildren. 27 case reversals. He retired in 2005. Judge King is survived by his wife He was involved in two particu- of 57 years, Jane Gifford King; children The Honorable Michael King L’59, larly high-profile cases in which he Stacey, Gifford, Matthew and Jenny; who served more than three decades was tapped by the N.J. Supreme Court and six grandchildren. https://scholarship.law.upenn.edu/plj/vol53/iss1/178 PENN LAW JOURNAL SUMMER 2018 80 et al.: Penn Law Journal: Engineering Change at the SEC IN MEMORIAM

Jami Wintz McKeon, the chair of Morgan Lewis, first STEPHEN GOODMAN, encountered Mr. Goodman back in the 1980s when she’d wait in A ONE-MAN BUSINESS line for lunch at Taylor’s Country Store and he’d be at the piano bench. He also frequented the 23rd Street Cafe, the Rittenhouse INCUBATOR, DIES AT 77 Hotel bar and the Frog Commissary. Though he never learned how to read a note of music, he and his combo released several jazz CDs covering the songs from musicals like Jekyll & Hyde, Phantom of the Opera and Chicago. What really struck McKeon after his death, she said, was how tephen Goodman W’62, L’65, a people from across the firm, country and world contacted her Philadelphia lawyer who largely shaped about how much they’d miss Mr. Goodman and had appreciated the city’s entrepreneurial landscape and his guidance. “He was really selfless,” she said. “He never focused startup economy, died March 2. He was 77. on credit or what was in it for him.” Mr. Goodman, recently dubbed in an At Morgan Lewis, he mentored a generation of lawyers, in-depth profile as the “fairy godfather including McKenzie, in becoming experts in entrepreneurial law. of Philadelphia startups,” had, from the Mr. Goodman also helped create Philadelphia’s Angel Venture Fair, outset of his career, a strong passion for which is now the oldest and largest event for angel investors and helping everyday people who needed entrepreneurs in the Mid-Atlantic. In addition to his roles at law help launching their new business ideas. While this line of firms, he once served as as a member of the advisory board to Swork was not initially lucrative in the 1970s, it eventually made then-Senate Judiciary Committee chairman Sen. Joseph Biden Jr., Mr. Goodman synonymous with Philadelphia innovation and and also as an adjunct professor at the law schools of Georgetown connections, invented an important field of law in the city and University and Rutgers University and Penn Law. made Philadelphia the hub it is today for new business growth. Mr. Goodman received several accolades, including the 2015 “Steve was a huge champion of tech entrepreneurs and Lifetime Achievement Award from the Legal Intelligencer; the saw this vision of what Philadelphia could become, and he Legend Award for Lifetime Achievement in 2011 from the Greater was very supportive of that and connecting people,” said Jim Philadelphia Alliance for Capital and Technologies; and as one of McKenzie L’86, WG’86, who worked for several years with Mr. the three most influential people in the city in the last 30 years by Goodman at Morgan, Lewis & Bockius. “He used to call himself the Philadelphia Business Journal. the obstetrician: He was the person who would be there to help He is survived by his wife of 38 years, Janis; children Rachel through the birth of a company, and once it got going, let other and Carl; two grandchildren and his dog, Snippet. lawyers take it and then he moved on to the next one.” Mr. Goodman was born in Philadelphia. A graduate from Overbrook High School, the Wharton School and Penn Law, he clerked for Chief Judge David Bazelon of the U.S. Court of PHOTO: AIDAN UN Appeals for the District of Columbia Circuit, and later for U.S. Supreme Court Justice William Brennan Jr. Back in Philadelphia, he started his own firm, Goodman & Ewing, in 1969 and concentrated on counseling emerging companies. Sometimes, to help make ends meet, he took on real estate developers as clients. But Mr. Goodman remained undeterred in his calling to help entrepreneurs. He joined Wolf Block in 1983, continuing the same line of work as his client base expanded, and then came to Morgan Lewis in 1994, where he remained until retiring in September. “Working with Steve, particularly in the height of his practice, it was like stepping into this whirlwind of activity,” McKenzie said. “His great office was filled with client mementoes and family mementoes and pictures of his dog and CDs of his music and it was kind of a magical place.” Mr. Goodman was rarely seen without his teacup Maltese, Snippet. And he was widely admired for his jazz piano-playing abilities; he referred to himself as a musician who practiced law as opposed to a lawyer who played the piano.

Published by Penn Law: Legal Scholarship Repository, 2018 79 81 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

In 1973, New Jersey Gov. William floor space for building new homes. 1960s Cahill named her to the Superior Court, She called them guilty of “snob zon- making her the seventh woman in the ing” which contributed to a housing state to be appointed to the bench. shortage. During her tenure, Judge Talbott She retired from the bench 10 Joel Fishbein W’59, L’62, who spent was one of the first in the country to years later but remained active with his nearly five-decade legal career at write an opinion on the admissibility superior court arbitrations, serving on the same Philadelphia law firm, died of thermographic diagnostic testing the New Jersey Supreme Court Task March 2. He was 80. for people seeking reimbursement Force on Women and as a commis- Mr. Fishbein was born in Phila­ under New Jersey’s No-Fault Insur­ance sioner on the Camden County Board delphia and graduated from Central Act. Coverage of the testing, which of Taxation. She was also a supporter High School. Upon graduating from measures skin temperature to detect of the Camden County Children’s the Wharton School and Penn Law, he underlying issues, was challenged by Garden and a board member of joined Bennett Bricklin & Saltzburg, big insurers like Allstate and State the Camden County Mental Health where he remained for almost 50 years. Farm, but Judge Talbott’s ruling that Association. In his later years, he and his wife they had medical value was upheld Judge Talbott was remembered enjoyed traveling the world and spend- by the state appellate and supreme for her kindness and professionalism. ing winters in Scottsdale, Ariz. He courts and remains in effect today. She loved to read and was a longtime also enjoyed reading, the daily New In 1978, she ordered the towns season-ticket holder for the Phillies. York Times crossword, golf and bridge. and boroughs of Berlin, Voorhees, Judge Talbott is survived by chil- He is survived by his wife, Donna­ Pine Hill and Stratford to amend, in dren Jane, Kitty, Barbara and James; dell; children Joel and Jacque­line; and 90 days, their ordinances that required eight grandchildren; 12 great-grand- grandchildren John, Timothy, Kelsey, a minimum of 1,100 square feet of children; and a sister. Mack, Madeline and Xavier.

The Honorable Mary Talbott L’63, the first woman appointed to the Camden County Superior Court, died Sept. 16. She was 95. Judge Talbott, born in Aurora, Ill., graduated from high school at 16, after which she earned her bache- Henry “Ev” Evans Hemsath, Jr. L’66 lor’s degree in economics from the University of Illinois. In 1943, she was commissioned as A boyhood trip to Latin a lieutenant in the U.S. Navy Reserve Supply Corps, where she was a pur- America sparked his chasing officer at the Philadelphia Naval Shipyard until 1948. During her passion for travel, and later, post, she met Navy Lt. James Talbott. They married in 1948 and moved to his many destinations Haddonfield, N.J., where they raised four children. Judge Talbott stayed home in the included Central and 1950s, but after the death of her hus- band in 1959, she enrolled in Penn South America, Canada, Law at the age of 38. After entering the bar in 1963, she practiced law as Europe and North Africa well as owned and managed a coffee­ house called The Trend in Cherry Hill. In 1970, she hosted the only local radio talk show on WCAM-AM (1590) in Camden, where she interviewed local personalities during lunch.

https://scholarship.law.upenn.edu/plj/vol53/iss1/180 PENN LAW JOURNAL SUMMER 2018 82 et al.: Penn Law Journal: Engineering Change at the SEC IN MEMORIAM

James Hirsh L’64, who spent his of Miami Law School and a graduate Pearlman; and grandchildren Alison, legal career in-house, died Aug. 28. degree in finance, accounting and Evie and Talia. He was 79. management from the Rutgers School Mr. Hirsh was born in Phila­del­ of Business Administration. Robert Jones L’68, a longtime New phia and attended Germantown Mr. Hemsath’s career in Orange Jersey attorney, died Aug. 30. He was 77. Friends in Philadelphia, Princeton included working for a law firm and Mr. Jones was born in New York University, and after graduating running his own tax accounting City and grew up in Bergen County, from Penn Law, earned his MBA at business. N.J. He graduated from Ramsey High the University of Minnesota. A boyhood trip to Latin America School and during his time at Yale For 28 years, he worked for the sparked his passion for travel, and University, served in the U.S. Army in law department at IDS/American later, his many destinations included Korea for two years. Upon complet- Express. Mr. Hirsh was also a cap- Central and South America, Canada, ing his degree, he attended Penn Law. tain in Princeton’s ROTC and served Europe and North Africa. He drove In 1968, he joined Hunziker, in the Army Reserve. twice to Alaska. His trips often lasted Hunziker & Stein in Paterson, N.J., He was active for many years on weeks at a time. Favorite locales were and maintained a branch office in the boards of the Cass Gilbert Society the Greek islands, Ephesus, Istanbul, West Milford, N.J. At the law firm’s and the Ramsey Hill Association of Sicily and Israel. What he enjoyed Wayne office, he became a manag- St. Paul, and he was a member of the most about travel, his family said, was ing partner under its new moniker, Sons of the American Revolution. Mr. stopping in small towns and talking Hunziker, Jones & Sweeney, where Hirsh enjoyed traveling, sailing and to the locals. he worked until retirement in 2014. taking annual hikes in Europe with His family remembered him for Mr. Jones was active in Rotary friends. He was fluent in French and his devotion, wit and zest for life. Mr. International and served as presi- loved to read. Hemsath is survived by this wife of dent of the West Milford Rotary and Mr. Hirsh is survived by his wife 25 years, Eileen, and several relatives. as West Milford School Board attor- of 34 years, Debra; children Katherine, ney. For 33 years, he played in and Elizabeth and Andrew; granddaughter Samuel Pearlman C’63, L’66, an attor- supported the annual Bobby Jones Kelsey; and brother Leonard. ney whose legal career spanned five Open Golf Tournament. decades, died Feb. 6. He was 75. In 2014, he and his partner, Diane Louis Schoener L’65, a Philadelphia Mr. Pearlman was born in Pitts­ Senger Schmid, moved to Beaufort, attorney, died March 12. He is survived burgh and graduated from Wyoming S.C., where he enjoyed golfing, boat- by children Louis, Timothy, David and Seminary before attending the ing and volunteering at Unitarian Donald; five grandchildren; and sib- University of Pennsylvania for his Universalist Fellowship of Beaufort. lings Donald and Kathleen. undergraduate and law degrees. He also worked with kids at Thumbs He started his law career at Burke, Up, a local after-school program. Stephen Sussman C’62, L’65, a Haber and Berick, and in 1986, was He is remembered for his smile Philadelphia attorney, died April 26. a founding shareholder of Berick, and zest for life. He is survived by his He was 77. Pearlman and Mills Co., LPA. For partner, Diane; son Bret; two grand- Mr. Sussman retired in 2015 nine years, he was a partner at Squire, daughters; and many others who as of counsel at Klehr, Harrison, Sanders & Dempsey LLP, ending his considered him a father figure. Harvey, Branzburg & Ellers, LLP in career as of counsel at Singerman, Philadelphia. Mills, Desberg & Kauntz Co., LPA. Richard “Dick” Nassberg W’63, L’68, He is survived by his wife, Sima; In 2014, he received the Bob a corporate banking attorney who later children Meryl and Adam; brother Rosewater Memorial Award for served his community as a county Mark; and grandchildren Rachel, Avi, Meritorious Service to the real estate commissioner, died Jan. 8. He was 75. Joshua and Max. section of the Cleveland Metropolitan Mr. Nassberg was born in New Bar Association, which two years later York. After attending the Wharton Henry “Ev” Evans Hemsath, Jr. L’66, honored him for 50 years of practic- School and Penn Law, he practiced a New Jersey lawyer who loved traveling ing law. corporate banking law with major the world, died March 31. He was 76. Mr. Pearlman taught at Case firms in New York, Philadelphia, and Born in Orange, NJ., Mr. Hemsath Western Reserve Law School for five Houston. He was inducted as a life graduated from Westfield High School years. member of the American Law Institute, and the University of North Carolina at Mr. Pearlman is survived by his where he edited 19 resource books on Chapel Hill. In addition to his J.D. from wife of 53 years, Cathy; children Linda commercial lending law. He wrote Penn Law, he also earned a Master of Pearlman Kraner C’88 and Caren The Lender’s Handbook in 1986, and Laws in Taxation from the University

Published by Penn Law: Legal Scholarship Repository, 2018 81 83 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

it became a frequently cited source for banking proficiency. He and his family took a sab- batical from 1993 to 1997 in France, during which they traveled often. Upon moving to Williamsport, Pa., Richard “Dick” Nassberg W’63, L’68 Mr. Nassberg served as a commis- sioner for Lycoming County from He edited 19 resource 2000 to 2008. In his tenure, he was responsible for establishing a VA clinic, which was particularly meaningful to books on commercial him as a reserve military veteran. He also helped the county start a wom- lending law, and wrote en’s intermediate punishment unit at its pre-release center and expanded The Lender’s Handbook the 911 service. Mr. Nassberg was also a black-and- in 1986. It became a white photographer whose work was featured several times at the Houston Fotofest. Arkansas State University frequently cited source invited him to be a visiting artist in the 1980s, and most recently, his work for banking proficiency was featured in a show at the Samek Art Museum at Bucknell University. Mr. Nassberg is survived by his wife of 36 years, Kathryn; daugh- ters Kathryn and Schuyler; and two grandchildren.

Susan Ross CW’65, L’69, an attorney who left the trappings of New York City for a career in the southwest and a life a single-person law firm. She prac- Ms. Ross was remembered for of adventure, died Nov. 5. She was 74. ticed there for 20 years. She had a her intellect, creativity, love for oth- Born in Philadelphia, Ms. Ross stint as an assistant professor at the ers and zest for life. She is survived by earned full scholarships to both the Law School of Oregon in 1978 but her husband, Gary; stepchildren Erin, University of Pennsylvania, where returned shortly after to Taos, where Sara and Ryan; and four grandchildren. she studied philosophy, and Penn she loved practicing law, skiing, play- Law, where she specialized in tax, ing tennis, scuba diving, windsurfing, trusts and estates. Following grad- horseback riding, and golf. 1970s uation, she was awarded a Thouron Ms. Ross served on the board Fellowship to study legal philoso- of directors of Beneficial Corp., a phy at Oxford University from 1969 multi­billion dollar financial hold- Martin “Marty” Lybecker GL’73, a to 1970. Then she received a grant ing company, for 16 years. For 10 nationally recognized financial ser- to study the Swedish judicial system years, she was also a trustee of the vices lawyer, died Sept. 2. He was 72. at Stockholm University, where she Millicent Rogers Museum in Taos. Mr. Lybecker earned a B.B.A. in became fluent in Swedish. Ms. Ross, who was an art collector, accounting and a J.D. from the Uni­ Upon returning to the United later donated her large collections of ver­sity of Washington; an LL.M. in States, she joined Dewey, Ballantine in Japanese WoodBlocks and works by taxation from New York University; New York City. She was also admitted Larry Bell to the Phoenix Art Museum. and an LL.M. from Penn Law, where to the American College of Trust and She met her husband, Gary he was a graduate fellow of the Center Estate Counsel. Shortly after becom- Waddington, at a wedding, and the for the Study of Financial Institutions ing the firm’s first female partner, two relocated to Phoenix, where she and the Securities Markets. she fell in love with the artistic ski joined the firm of Brown and Bain. From 1978 to 1981, he was community in Taos, N.M., on a ski The couple enjoyed traveling the world asso­ciate director of the Division trip and moved there in 1976 to join together. of Investment Management at the https://scholarship.law.upenn.edu/plj/vol53/iss1/182 PENN LAW JOURNAL SUMMER 2018 84 et al.: Penn Law Journal: Engineering Change at the SEC IN MEMORIAM

Securities Exchange Commission. Additionally, Mr. Lybecker taught 1966, he and a few friends submit- He would later be a partner at the law classes at Georgetown University ted a demo tape to ESP-Disk, a record Washington, D.C., office of Wilmer Law Center, State University of New company who signed eclectic groups. Cutler Pickering Hale and Dorr, at York at Buffalo, the University of North In 1967, their band, Pearls Before Ropes & Gray, and at Drinker Biddle Carolina and Duke University. Swine, released their first record, & Reath. Since 2010, he had been a He was remembered for his legal “One Nation Underground,” which partner at Perkins Coie’s Washington, brilliance, kindness and sense of sold about 250,000 copies. He was D.C.,office, where he was chair of the humor, along with his love for Kiawah invited to perform at Woodstock in Investment Management practice and Island, sweater vests and baseball. 1969 but turned down the offer in co-chair of the Family Office Services Mr. Lybecker is survived by his favor of remaining in the Netherlands, practice. Mr. Lybecker was widely wife, Andrea, and sons Neil and Carl. where he was songwriting. regarded as a national expert on the The songs, a combination of rock, Investment Company Act of 1940 and folk, blues and classical music that banking regulation. 1980s involved several instruments have Mr. Lybecker was an active mem- been described as “hippie folk” and ber of the American Bar Association, “psychedelic rock.” Mr. Rapp preferred and from 1994 to 2002, he served Tom Rapp L’84, who founded the the description of “transcendental the Business Law Section as chair of 1960s band Pearls Before Swine and rock.” His song, “Rocket Man,” from the Committee on Developments in later became a civil rights attorney, the band’s 1970 The Use of Ashes album, Investment Services. From 2002 to died Feb. 11. He was 70. was the inspiration for Elton John’s 2005, he chaired the Banking Law Mr. Rapp was born in Bottineau, hit of the same name. He released Committee,­ and he became a ladder N.D., and grew up in North Dakota, four more albums with the band and officer in 2009. Then from 2012 to Minnesota and Florida before grad- three solo records before leaving the 2013, he served as chair of the Business uating in 1965 from Eau Gallie High music industry. He said he never made Law Section. School near Melbourne, Fla. In any money from his work because of a nefarious producer, and in 1976, got a job selling popcorn at a movie the- ater in Cambridge, Mass. He later enrolled in Brandeis Uni­ versity,­ where he graduated from in 1981, and then from Penn Law three years later. He worked as a civil rights Tom Rapp L’84 attorney in Philadelphia until 2001, focusing on workplace discrimina- tion, and then continued practicing He was invited to law after moving to Florida. Mr. Rapp returned to the stage perform at Woodstock in 1997 at the Terrastock music fes- tival in Providence, R.I., and released in 1969 but turned a solo album, A Journal of the Plague Year, in 1999. Mr. Rapp is survived by his son, down the offer in favor David; wife Lynn Madison; and a of remaining in the granddaughter. Netherlands, where he was songwriting

Published by Penn Law: Legal Scholarship Repository, 2018 83 85 Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1 ADJOURNED‌

THE GOAT HAS A SIBLING. Situated in the lobby of Golkin Hall, it is constructed from 12,382 snap- together K’Nex pieces. The new Goat made its debut at the launch of the Penn Law campaign, held at the Pennovation Center. Michael Araten L’91, President and CEO of K’Nex, donated this “younger” Goat to the Law School.

https://scholarship.law.upenn.edu/plj/vol53/iss1/184 86 et al.: Penn Law Journal: Engineering Change at the SEC The Power of MULTIGENERATIONAL GIVING at Penn Law

Are you interested in making a multigenerational gift to Penn Law?

Contact Joanna Brinton at [email protected] to learn more and start the conversation. Penn Law has continued to evolve. That's why we gave. At the time we each engaged with the school, it was exceptional, and it is evolving a cooperative path for extraordinary future leaders. It has, continuously. That forward thinking led us to augment our annual giving by funding a scholarship. - Joe ’73 and Joe ’06 Sensenbrenner

Published by Penn Law: Legal Scholarship Repository, 2018 87

DAR Penn Law Journal Ad Mar 2018.indd 1 3/14/18 4:52 PM Penn Law Journal, Vol. 53, Iss. 1 [2018], Art. 1

NONPROFIT ORG US POSTAGE PAID

3501 Sansom Street PERMIT NO 5634 Philadelphia, PA 19104 PHILA PA 19154 @PennLaw

FPO https://scholarship.law.upenn.edu/plj/vol53/iss1/1 88