MARCH 2020 VOLUME 43 • NUMBER 8

SPOTLIGHT on SMALL FIRMS and SOLO PRACTITIONERS The Delaware State Bar Association Presents the 2nd Annual BAKING CONTEST Sunday, March 22, 2020 | 1:00 p.m. to 3:00 p.m.

Enter in one or more category: Pies and Tarts / Cakes and Cupcakes / Cookies and Bars / Breads and Savory / Gluten Free

PRIZES WILL BE AWARDED IN EACH CATEGORY: JUNIOR DIVISION (17 AND UNDER) AND ADULT DIVISION CALLING ALL BAKERS!

BE A BAKER OR BE A TASTER! For all contest rules and to register to compete or attend, visit www.dsba.org. The Delaware State Bar Association Presents the 2nd Annual DSBA BAR JOURNAL MARCH 2020 | VOLUME 43 • NUMBER 8

PRESIDENT William Patrick Brady

EXECUTIVE DIRECTOR BAKING CONTEST Mark S. Vavala EDITORIAL BOARD Sunday, March 22, 2020 | 1:00 p.m. to 3:00 p.m. Laina M. Herbert Jason C. Powell Benjamin A. Schwartz Seth L. Thompson Enter in one or more category: EXECUTIVE COMMITTEE LIAISON Pies and Tarts / Cakes and Cupcakes / Cookies and Bars / Breads and Savory / Gluten Free Kathleen M. Miller EDITORIAL ADVISORY COMMITTEE Valerie A. Caras FEATURES PRIZES WILL BE AWARDED IN EACH CATEGORY: JUNIOR DIVISION (17 AND UNDER) AND ADULT DIVISION Denise Del Giorno Nordheimer Katherine M. Devanney Adria B. Martinelli 2 Announcing the 2nd Annual DSBA Baking Contest Jennifer L. Smuts Victoria R. Sweeney Holly O. Vaughn Wagner SPOTLIGHT ON SMALL FIRMS AND SOLO PRACTITIONERS PUBLICATIONS EDITOR CALLING ALL BAKERS! Rebecca Baird 22 How to Get Fortune 100 Benefits for Your Firm While Still PUBLICATION ASSISTANT Working in Your Pajamas Susan Simmons BY DENISE DEL GIORNO NORDHEIMER, ESQUIRE The Bar Journal is published and distributed by the Delaware State Bar Association 24 Legal Podcasts: Sharpening Your Knowledge and Skills 405 North King Street, Suite 100 Wilmington, DE 19801 Outside the Office P: 302-658-5279 BY ROBERT M. KLEINER, ESQUIRE F: 302-658-5212 www.dsba.org © Copyright 2020 by the Delaware State 26 Report: 2020 Mid-Year Meeting of the ABA House of Delegates Bar Association. All Rights Reserved. BY WILLIAM D. JOHNSTON, ESQUIRE The Bar Journal is the independent journal of the Delaware State Bar Association. It is a forum for the free expression of ideas on the law, the legal profession and the 34 2019 Combined Campaign for Justice Contribution List administration of justice. It may publish articles representing unpopular and controversial points of view. Publishing and editorial decisions are based on the quality of writing, the timeliness of the article, and the potential interest to readers, COLUMNS and all articles are subject to limitations of good taste. In every instance, the views expressed are those of the authors, and 4 President’s Corner 18 DE-LAP Zone no endorsement of those views should be Office of Disciplinary Counsel Editor’s Perspective 20 inferred, unless specifically identified as the 6 policy of the Delaware State Bar Association. Quarterly Corner 12 Tips on Technology The Bar Journal is published monthly with a 30 Book Review combined July/August issue. 14 Commission on Law & Technology: All correspondence regarding circulation, Leading Practices 32 The Judicial Palate subscriptions, or editorial matters should be mailed to: 16 Ethically Speaking 42 The Last Word Editor, DSBA Bar Journal Delaware State Bar Association 405 North King Street, Suite 100 Wilmington, DE 19801 or emailed to: [email protected] DEPARTMENTS Letters to the Editor should pertain to recent articles, columns, or other letters. Unsigned letters are not published. All letters are 8 Side Bar 10 Calendar of Events subject to editing. Send letters to the address above, Attention: Editor, Bar Journal. 9 Of Note 11 Section & Committee Meetings

For Advertising Opportunities 9 Disciplinary Actions 38 Bulletin Board BE A BAKER OR BE A TASTER! Call (302) 658-5279, ext. 102 Email: [email protected] For all contest rules and to register to compete Read The Bar Journal online at www.dsba.org or attend, visit www.dsba.org. Cover: © istockphoto.com/thitiwat tapingkae DSBA Bar Journal | March 2020 3 PRESIDENT’S CORNER | BY WILLIAM PATRICK BRADY, ESQUIRE

The Future Is Bright

n 1974, music critic Jon Landau In both trials that I judged, several things were famously wrote, “I have seen rock and roll’s future and its name is quickly obvious to me. First, the students had Bruce Springsteen.” Landau had just spent considerable time preparing and were watched the man who would later be Iknown as “the Boss” and his E Street genuinely interested in and enthused about the Band play a show at a small theater in law. Second, there are a significant number of Cambridge, Massachusetts. Although he had put out two albums by that time, high school students in this State who will be they were not commercially successful tremendous attorneys one day, should they choose and Springsteen was far better known to to pursue the law as a career. the college music circuit in the northeast than he was to FM radio listeners. All that very glad I did and am kicking myself a attorney to witness depending on which changed following Landau’s article. Pub- bit for not having done so long ago. To side they draw. The facts are deliberately lished in a Boston newspaper called The borrow a line, I have seen the future of set up to be balanced so that students can Real Paper, the endorsement and its oft the Delaware Bar and it is very bright.1 focus on developing critical thinking and repeated line were picked upvvv by Rolling The Mock Trial Competition is a public speaking skills, instead of being Stone, for whom Landau also wrote, and concerned whether their side would have other publications and later used in na- program put on each year by the Dela- won or lost on the merits of the case. tional advertising by Springsteen’s record ware Law Related Education Center company. Landau forged a close friend- (“DELREC”). DELREC is a statewide For attorney volunteers, there are ship with Springsteen and was asked to consortium of educators, attorneys, judg- typically two ways to serve, as either a co-produce his third album, one that es, law enforcement officers, and other presiding judge or scoring judge. The came to be called Born to Run, recorded community leaders. It seeks to promote titles are pretty self-explanatory. Presid- the next year. The rest, as they say, is his- active learning experiences and skills de- ing judges act as the trial judge, handle tory. Born to Run catapulted Springsteen velopment for students who need to func- pretrial motions and other matters, rule to national and international success, and tion in a society based on the rule of law. on objections, and generally keep the pro- Landau went on to become his manager, The mission of DELREC is to provide ceeding moving forward. Scoring judges a position he holds to this day. resources to enhance the presence of law- essentially act as the jury and grade the 2 I was reminded of Landau’s excitement related education initiatives in Delaware. participants on quality of presentation, over Springsteen when I had a chance to For the Mock Trial Competition, teams of knowledge of the case, and general trial recently judge several rounds of the Dela- high school students act as attorneys and advocacy skills. Following the conclusion ware High School Mock Trial Competi- witnesses and present one side of either of each trial, both presiding judges and tion. Although I have been an attorney for a civil or criminal case against another scoring judges confer to award gavels 25 years now and have annually heard the team. The students must actually learn to to the best attorney and best witness call for volunteers, I had never previously present both sides of the case and switch and offer critique and comments to the stepped up. However, when the request roles from Plaintiff to Defendant (or students. Real courtrooms are utilized, was circulated this year, I made a point Prosecution to Defense) throughout the which further gives an authentic feel of blocking off my calendar and agreeing competition, as they have no control over to proceedings and impresses upon the to help out for a round on each of the two which they will present in any given trial. students the importance and seriousness days of competition. In hindsight, I am Students typically also switch roles from of the legal system.

4 DSBA Bar Journal | www.dsba.org This year’s problem was a criminal of retired members, who volunteered to tee; The Honorable Paul R. Wallace, case involving the death of a bronco rider judge the competition this year. Each Mock Trial Liaison to the Court (and who was thrown from his horse during a Delaware State trial court was repre- the person who gets to do four separate rodeo competition at the Delaware State sented (and most by multiple members), orientations to judges over the two days Fair as a result of the rein having split. including the Court of Chancery, Supe- of competition); and Margie Touchton, Was the rein cut by the defendant, a rival rior Court, Court of Common Pleas, and Administrative Assistant with Morris rider who won the competition following Justice of the Peace Court. Practitioners James LLP, who serves as the Judge the decedent’s last ride, making the rival from a broad spectrum of the law par- Volunteer Coordinator. I also knew or guilty of second degree murder? Or did ticipated, representing probably every recognized a number of judges or at- the rope break due to wear and tear or aspect. I personally recognized attorneys torneys in attendance who either had otherwise being unknowingly damaged who practice civil litigation, criminal law children of their own participating in by a sharp object in the chute, immedi- (both prosecution and defense), personal the competition or served as coaches ately before the ride started? injury, insurance defense, family law, for teams, or both, and I thank them In both trials that I judged, several estate planning, land use, bankruptcy, for their efforts. things were quickly obvious to me. First, and employment law, and am sure that I also want to encourage all of you the students had spent considerable time there were many other areas represented. to participate in some manner in the preparing and were genuinely interested I sincerely thank all those who volun- future. Your commitment can range in and enthused about the law. Second, teered as judges for this year’s competi- from only a few hours serving as a judge there are a significant number of high tion and those who serve on the Mock for one morning or afternoon, to more school students in this State who will Trial Committee. This column simply as your availability permits, should you be tremendous attorneys one day, should does not provide the space to name them decide to volunteer for an entire day (or they choose to pursue the law as a career. all and their names will be published in a both days, as some folks chose to do). Quite simply, these young men and future Bar Journal. However, I wanted to By volunteering, you will provide an women were amazing. As I said earlier, mention just a few for their outstanding invaluable service to the students who the future of our Bar is bright. contributions: Daniel Attaway, Esquire, compete and to our Bar.3 At a time when There were almost 150 members of and N. Christopher Griffiths, Esquire, the Bench and Bar, including a number Co-Chairs of the Mock Trial Commit- President’s Corner (continued on page 7) BUILDING RELATIONSHIPS 1980 for 2020 40 YEARS

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DSBA Bar Journal | March 2020 5 EDITOR’S PERSPECTIVE | BY SETH L. THOMPSON, ESQUIRE

When Keeping It Real Goes Right

trustee. “Not exactly,” I replied. A few weeks into the summer, the building’s hedge had grown and begun protruding into the city sidewalk. A call or two to a lawncare company proved fruitless due to the small size of the job. Thus, early the next morning, before there would be much foot traffic and with a view of the sunrise over the ocean as an added bo- nus, I threw on a yardwork shirt, loaded up my electric trimmer, small ladder, and a couple extension cords, and headed downtown. I must have missed this episode of Suits, I chuckled to myself. In addition to occasional handiwork, I.T. work, and other support-related istockphoto.com/© pixelliebe functions, members of small firms are eal World,” says the front; the back reads, “Real Law.” No, the frequently called upon to take a large shirt was not promotional swag from an MTV reality show in role in administerial matters. Realisti- which attorneys are picked to live in a house, work together, and cally, while acting as a lawyer, they also have their lives taped.1 Rather, I received the shirt at law school bear the mantle of business owner. I orientation.2 After two decades, the article of clothing, not unlike its wearer, exhibits have personally found that role carries “Rmore than a few signs of wear and tear, showing its age. Currently, in my hierarchy added enjoyment, including the pride of of t-shirts, it has been relegated to gym usage. That level leaves the shirt a couple building a practice and an enterprise as a rips or stains, or some combination thereof, away from strictly yardwork duty. After team3 and gaining an understanding of that, the last stop is cleaning rag. how the business world works4 — along But for now, the shirt is in the de facto rotation of workout attire. And thus, with added challenges. (On that latter on the occasions that I pull it off the hanger, I am often prompted to consider the point, just ask any solo practitioner slogan. I do not recall any speaker at orientation directly addressing the saying. shortly leaving for or arriving home from However, in my mind, it dovetailed well with Dean Reinstein who, following the a vacation.) list of remarkable achievements of various students in the incoming class — Rhodes During our final winter holiday scholars, Olympic athletes, CEOs of major corporations — effectively said, I was visit home from college, a high school none of those things, but here I am and here you are, and you too can achieve. The friend and I were shooting the breeze message conveyed the school’s focus not just on legal theory but also on the practice and talking about post-graduation plans, of law. The reality was, most of us would not graduate and work in BigLaw for including employment. My friend was our entire careers. Many would go on to solo practices and small firms, where we set to start as a pharmaceutical sales would represent Dick and Abbie, not Dick’s or AbbVie. representative, with a company car and “So, you are like on Suits?,” asked the foreign student in Rehoboth on a work visa a region to cover, and some newfound for the summer several years ago. We had met that day so that he could walk through latitude in his daily schedule. His fa- an apartment for rent in a building over which I was serving as a Court-appointed ther, a self-employed home remodeling

6 DSBA Bar Journal | www.dsba.org contractor, joined us. When I asked President’s Corner (continued from page 5) that the future of our Bar will be in good how great it was being his own boss, hands. Please help be a part of that by he responded, “Pfft, I’ve got a hundred the legal profession and rule of law are volunteering for a future Mock Trial bosses — but I’ve also got all the skin in under constant attack, it is vitally im- Competition or one of DELREC’s other portant to instill into our youth, perhaps the game.” That entrepreneurial spirit programs. more than ever, the important role that in the face of known challenges is to be attorneys and the legal system play in applauded. Vice Chancellor Glasscock Notes: our country’s successes. It is also a great aptly described the daring to venture as 1. The obvious bad pun would be to make a reference opportunity to learn by seeing a trial here to Springsteen’s song, “Blinded By the Light,” follows: from his debut album. I will resist, in no small part from the perspective of the judge or jury. due to the bizarre lyrics. It requires a certain kind of cour- 2. See more at www.delrec.org. DELREC also spon- You also never know who you might sors other legal education programs, such as the age to forgo a salary and strike out inspire. A non-attorney volunteer with upcoming Law Day and Lawyer in a Classroom. on one’s own. When individuals 3. And your reward will be much more than the coffee DELREC, Nyair Stanford, who acted and donuts served prior to the trials. launch a small business with little as both my group’s liaison to the Mock equity beyond their own sweat and Trial Committee and, during the trial, dreams, what follows is often a long, as the Courtroom Bailiff, told our group hard struggle leading, ultimately, that he had participated in the Compe- is the to failure. When that happens, the William Patrick (“Bill”) Brady tition while a student at Howard High current President of the Delaware State results should evoke admiration for School of Technology. After graduation, Bar Association. He is a member of the their efforts and sympathy for their he went on to earn an Associate’s Degree, Small Firms and Solo Practitioners Sec- misadventure.5 tion, Real and Personal Property Section, followed by a Bachelor’s Degree, decided Litigation Section and ADR Section of And, when that courage and those to work towards a paralegal certificate the DSBA. He has been a member of the efforts bear fruit, that is real success. and came to enjoy the law so much that Delaware Bar since 1995 and has served he is now starting law school this Fall. on the Executive Committee of the Dela- Notes: ware State Bar Association since 2009. 1. The full introduction to MTV’s original season of Unlike Jon Landau, I may not be He is the founder and managing attorney The Real World was, “This is the true story, of able to name any individual I saw who of The Brady Law Firm, P.A. and can be seven strangers, picked to live in a house, work together, and have their lives taped. Find out what will achieve worldwide fame, but I know reached at [email protected]. happens, when people stop being polite, and start getting real…The Real World!” 2. [Insert I-went-to-law-school-and-all-I-got-was-this- lousy-t-shirt joke here.] 3. My law school roommate (a tennis player) and I once furiously debated the divergent causes and SAVE THE DATE effects of team sports versus individual sports. Even in track, my favorite moments of victory were the relays. 4. For certain clients, a basic business understand- FRIDAY, MAY 1, 2020 ing is vital to providing legal advice. In 2015, the International Olympic Committee issued a report calling for youth to engage in a variety of sports, as opposed to sport specialization, as the better method to achieving athletic success. Tennis all- time greats Roger Federer and Raphael Nadal are examples of this concept. 5. Grove v. Brown, 2013 WL 4041495, at *1 (Del. Ch. Aug. 8, 2013).

Bar Journal Editor Seth L. Thompson joined Parkowski, Guerke & Swayze in July 2019, and he works predominantly in the firm’s Wilmington office. His prac- tice focuses on civil litigation, family law, and municipal law. For six years, he also served as a Legislative attorney for the Delaware House of Representatives. He has served on the Board of Professional Responsibility, the Board of Bar Exam- iners, and the Executive Committee for Law Day Luncheon | 12:00 p.m. the Terry-Carey American Inn of Court, as well as serving as the Sussex County Chase Center on the Riverfront, Wilmington, DE Bar Association President. He may be DETAILS TO FOLLOW reached at [email protected].

DSBA Bar Journal | March 2020 7 SIDE BAR

MEMBER BENEFIT OF THE MONTH YOUR WORDS

Genesis: Discount on Luxury Vehicles WHAT ADVICE DO YOU HAVE FOR THE NEW ADMITTEES Genesis and the Delaware State Bar TO THE DELAWARE BAR? Association have partnered up to al- low DSBA members to participate in an exclusive program that provides the opportunity to purchase or lease a new Genesis vehicle at a special dis- counted price that is not available to the general public. All Genesis vehicles sold in the U.S. are covered by an industry-leading warranty with enhanced roadside assistance and concierge services, including Service Valet and Gen- esis Connected Services. Within the past year, Genesis was named highest-ranked brand in the auto- motive industry awards for quality and owner satisfaction from leading ex- perts, such as J.D. Power, AutoPacific, and Strategic Vision. For more infor- “Practicing law is stressful. Early -mation, visit the Member Benefits page of www.dsba.org. on, figure out healthy ways to man age stress. Find a hobby, do yoga, meditate. My greatest stress reliever has always been having breakfast and TOP 5 a chat with a trusted friend and col- LAW FIRMS IN NOVELS, MOVIES, AND TV league that I summered with over ten years ago.” Match the firm with the book, movie, or TV show which featured it.

CLARISSA R. CHENOWETH, ESQUIRE Potter Anderson & Corroon LLP 1 4 DSBA MEMBER Bendini Lambert & Locke Lockhart | Gardner The Memphis firm that served as a Chicago Firm, Lockhart | Gardner front for the Morolto crime family. once was Stern, Lockart, & Gardner and later was Lockhart, Gardner, Bond. Specializes in anything high profile.

2 “Networking events are far less in- I Can’t Believe It’s a Law Firm! timidating if you look at each one as Law firm run by Lionel Hutz and is a chance to make new friends. And 5 Sheffield & Associates also an expert shoe repair shop in in the Delaware Bar, you’ll see a lot Springfield. Sheffield & Associates, led by of the same faces often. The practice George, considered the greatest criminal lawyer in Miami. of law is much more enjoyable when those faces are friendly.” B

Churchill, Harline & Smith 3 5. A firm specializing in divorce which JENNIFER M. RUTTER, ESQUIRE C Smith, Katzenstein & Jenkins LLP

happens to have the same name 4. as the musical composers of Snow DSBA MEMBER E

White & the Seven Dwarfs. 3.

A Illustrations by Mark S. Vavala

2. D

FOR NEXT MONTH... 1. What’s your go-to workout? Email Rebecca Baird at [email protected] and your response could be in the next Bar Journal.

A B C D E ANSWERS

8 DSBA Bar Journal | www.dsba.org OF NOTE

CONGRATULATIONS Condolences to Brenda James-Roberts, TO THE NEW MEMBERS OF THE DELAWARE BAR Esquire, on the death of her granddaugh- *THE LIST BELOW REFLECTS NEW MEMBERS ADMITTED IN 2019 AND IN 2020 TO DATE ter, Savannah Norah Roberts, who died on December 13, 2019. Thomas C. Allgood Constantine E. Fournaris Nicole Ashley Neaton Condolences to Colleen D. Shields, Es- Nader A. Amer Jason A. Fruchter Holly E. Newell quire, on the death of her father, Patrick Thomas Victor Ayala Michelle M. Fu Trevor T. Nielsen Joseph Shields, who died on February 9, Mary E. Batten Miranda N. Gilbert J. Zachary Noble 2020. Steven L. Becton II Joel William Glazer Mae Oberste If you have an item you would like to sub- Michael D. Bell Daniel J. Goettle Kathryn Jayne Paradise mit for the Of Note section, please contact Marla S. Benedek Craig T. Goldblatt Kuhu Parasrampuria Rebecca Baird at [email protected]. Emily A. Biffen Quinn T. Griffith Mackenzie M. Peet Tayler D. Bolton Joseph P. Halsey Kate E. Peterson Kelsey A. Bomar R. Parker Havis Christian C. Roberts DISCIPLINARY ACTIONS Dorronda R. Bordley Elizabeth A. Heise S. Reiko Rogozen Melanie Bork Graham Emily A. Houde Hallie Snyder Sacchetta PRIVATE ADMONITION Joseph E. Brenner Justin T. Hymes Abraham C. Schneider ODC FILE NO. 114249-B Felicia Brownell Giovanni M. Insana Matthew D. Schwalm Effective Date: January 9, 2020 Emily A. Bryant-Alvarez David Q. Jones Sarah E. Simonetti A non-Delaware lawyer consented to David W. Carpenter Scott D. Jones Alena V. Smith the imposition of a private admonition Peyton Valentine Carper Sarah P. Kaboly Skyler A. Speed for violations of Rules 3.5(d), 4.4(a) and Adrian E. Ciacci Matthew McAllister Kent Alexis N. Stombaugh 8.4(d) of the Delaware Lawyers’ Rules Cameron Paul Clark Marina C. Leary Jack Francis Stucker of Professional Conduct. The lawyer Joel Wright Collins Steven W. Lee Diane B. Telsey was admitted pro hac vice to repre- Matthew R. Conrad Linda S. Levinson Sara A. Toscano sent litigants in a Delaware Chancery Jacqueline Michelle Dakin Riley B. MacGray Rebecca Trexler Court case. During the course of the Meghan K. Daly Brian Mammarella Carl T. Tullson deposition of a fact witness, the lawyer engaged in unprofessional conduct to- Jill K. Dolan Philip K. Micha Brett S. Turlington ward both the deponent and deponent’s Koah M. Doud Matthew P. Milana Julianne M. Weidman counsel. The Preliminary Review Com- Roxanne Merrill Eastes John T. Miraglia Alderman G. Whirley mittee found: (1) the lawyer’s disrup- Garrett Spencer Eggen Katelin A. Morales Alexis A. Wiseley tion of the deposition and the use of Brett D. Fallon Jacob D. Morton Zachary C. Woerner personally insulting, derogatory, and Joseph D. Farris Andrew M. Moshos Andrew R. Workman inflammatory language toward oppos- Damon B. Ferrara Alexandria P. Murphy ing counsel violated Rule 3.5(d); (2) the lawyer’s harassment of the deponent, by using excessive sarcasm and accusing the deponent of perjury, violated Rule 4.4(a); and (3) the lawyer’s engaging in BECOME A DSBA this course of conduct violated Rule 8.4(d). In aggravation, the PRC consid- SECTION MEMBER ered the lawyer’s substantial experience in the practice of law. In mitigation, the PRC considered: the lawyer’s lack Section Membership provides the chance of prior disciplinary record; character and reputation; interim rehabilitation; to exchange ideas and get involved. personal or emotional problems; the For information on how to join a Section, imposition of other penalties; and the call DSBA at (302) 658-5279. lawyer’s remorse.

DSBA Bar Journal | March 2020 9 CALENDAR OF EVENTS Professional Guidance Committee March 2020 This committee provides peer counseling Thursday, March 12, 2020 and support to lawyers overburdened by Fundamentals of Criminal Law and Procedure personal or practice-related problems. It 6.0 hours CLE credit including 1.0 hour Enhanced Ethics credit offers help to lawyers who, during difficult Delaware State Bar Association, Wilmington, DE times, may need assistance in meeting law Webcast to Morris James, LLP, Dover, DE practice demands. The members of this Webcast to Tunnell & Raysor, Georgetown, DE committee, individually or as a team, will help with the time and energy needed to Wednesday, March 18, 2020 keep a law practice operating smoothly and The Basics of Defending a Residential Eviction Action to protect clients. Call a member if you or 2.0 hours CLE credit someone you know needs assistance. Delaware State Bar Association, Wilmington, DE Webcast to Morris James, LLP, Dover, DE Webcast to Tunnell & Raysor, Georgetown, DE New Castle County Karen Ann Jacobs, Esquire, Co-Chair* Sunday, March 22, 2020

Victor F. Battaglia, Sr., Esquire DSBA Baking Contest Delaware State Bar Association, Wilmington, DE Dawn L. Becker, Esquire John P. Deckers, Esquire Thursday, March 26, 2020 Delaware’s Aging Population: Riding the Gray Wave David J.J. Facciolo, Esquire 3.0 hours CLE credit including 1.0 hour Enhanced Ethics credit David J. Ferry, Jr., Esquire Widener University Delaware Law School, Wilmington, DE Robert D. Goldberg, Esquire March 23-27, 2020 Bayard Marin, Esquire Destination CLE 2020: Big Island James K. Maron, Esquire 15.5 60-Minute CLE hours Wayne A. Marvel, Esquire Fairmont Orchid, 1 North Kaniku Drive Kohala Coast, Waimea, HI Michael F. McTaggart, Esquire Denise D. Nordheimer, Esquire April 2020 Elizabeth Y. Olsen, Esquire* Thursday, April 2, 2020 Kenneth M. Roseman, Esquire* Small Firms Conference 5.0 hours CLE credit including 1.0 hour Enhanced Ethics credit Hon. Janine M. Salomone Delaware State Bar Association, Wilmington, DE Yvonne Takvorian Saville, Esquire Webcast to Morris James, LLP, Dover, DE R. Judson Scaggs, Esquire* Webcast to Tunnell & Raysor, Georgetown, DE David A. White, Esquire Tuesday, April 14, 2020 Gregory Brian Williams, Esquire Short Topics in Real Estate Hon. William L. Witham, Jr. 3.8 hours CLE credit Delaware State Bar Association, Wilmington, DE Webcast to Morris James, LLP, Dover, DE Kent County Webcast to Tunnell & Raysor, Georgetown, DE Crystal L. Carey, Esquire Monday, Tuesday, and Wednesday, April 20 – 22, 2020 Edward Curley, Esquire Superior Court Mediation Training Elizabeth O. Groller, Esquire 18.75 hours CLE credit including 1.0 hour Enhanced Ethics Clay T. Jester, Esquire Delaware State Bar Association, Wilmington, DE Mary E. Sherlock, Esquire, Co-Chair* Tuesday, April 28, 2020 Franchise Law 2.5 hours CLE credit Sussex County Delaware State Bar Association, Wilmington, DE Larry W. Fifer, Esquire Webcast to Morris James, LLP, Dover, DE Eleanor M. Kiesel, Esquire Webcast to Tunnell & Raysor, Georgetown, DE Dennis L. Schrader, Esquire, Co-Chair*

Carol P. Waldhauser, Executive Director Dates, times, and locations of Events and CLEs may occasionally change after time DSBA/DE-LAP Liaison of press, please consult the DSBA website for the most up-to-date information at www.dsba.org. *Certified Practice Monitor

10 DSBA Bar Journal | www.dsba.org SECTION & COMMITTEE MEETINGS EXECUTIVE COMMITTEE William Patrick Brady March 2020 President Wednesday, March 11, 2020 • 4:00 p.m. Michael F. McTaggart Real and Personal Property Section Meeting President-Elect Brian Frederick Funk, P.A., 24 Polly Drummond Hill Road, Newark, DE Wednesday, March 12, 2020 • 6:00 p.m. Kathleen M. Miller Young Lawyers Section Happy Hour Vice President-at-Large Tonic Bar & Grille, 111 W 11th St, Wilmington, DE Charles J. Durante Wednesday, March 18, 2020 • 9:00 a.m. Vice President, New Castle ADR Section Meeting Young Conaway Stargatt & Taylor, LLP, Rodney Square, 1000 North King Street, County Wilmington, DE Jeffrey Alexander Young Thursday, March 19, 2020 • 12:00 p.m. Vice President, Kent County Executive Committee Meeting Delaware State Bar Association, 405 North King Street, Suite 100, Wilmington, DE Stephen A. Spence Thursday, March 19, 2020 • 12:30 p.m. Vice President, Sussex County Torts and Insurance Section Meeting Tybout, Redfearn & Pell, 750 Shipyard Drive, Suite 400, Wilmington, DE Samuel D. Pratcher III Vice President, Solo & Small Thursday, March 19, 2020 • 4:00 p.m. Firms, New Castle County Elder Law Section Meeting The Levinson Firm, 1326 North King Street, Wilmington, DE Reneta L. Green-Streett Friday, March 20, 2020 • 12:00 p.m. Secretary Workers’ Compensation Section Meeting Elzufon Austin & Mondell, P.A., 300 Delaware Avenue, Suite 1700, Wilmington, DE Mary Frances Dugan Monday, March 23, 2020 • 4:00 p.m. Assistant Secretary Taxation Section Meeting PNC Hawthorn, 222 Delaware Avenue, Suite East 1800, Wilmington, DE Kate Harmon Thursday, March 26, 2020 • 4:00 p.m. Treasurer

Family Law Section Meeting Francis J. Murphy, Jr. Bayard, P.A., 600 North King Street, Wilmington, DE Assistant Treasurer

April 2020 David J. Ferry, Jr. Wednesday, April 1, 2020 • 12:30 p.m. Past President Women and the Law Section Meeting Delaware State Bar Association, 405 North King Street, Suite 100, Wilmington, DE The Honorable Sheldon K. Rennie Tuesday, April 7, 2020 • 12:00 p.m. Judicial Member Senior Lawyers Section Meeting Delaware State Bar Association, 405 North King Street, Suite 100, Wilmington, DE Loren R. Barron Assistant to President Tuesday, April 7, 2020 • 3:30 p.m. Estates and Trusts Section Meeting Thomas P. McGonigle Morris James LLP, 500 Delaware Avenue, Suite 1500, Wilmington DE Legislative Liaison Wednesday, April 8, 2020 • 4:00 p.m. Real and Personal Property Section Meeting Ian Connor Bifferato Brian Frederick Funk, P.A., 24 Polly Drummond Hill Road, Newark, DE Adrian Sarah Broderick Friday, April 10, 2020 • 12:00 p.m. Crystal L. Carey Workers’ Compensation Section Meeting Renee Duval Elzufon Austin & Mondell, P.A., 300 Delaware Avenue, Suite 1700, Wilmington, DE Kaan Ekiner Wednesday, April 15, 2020 • 9:00 a.m. Brian J. Ferry ADR Section Meeting Richard A. Forsten Young Conaway Stargatt & Taylor, LLP, Rodney Square, 1000 North King Street, Monica A. Horton Wilmington, DE Denise Del Giorno Nordheimer Adam V. Orlacchio Thursday, April 16, 2020 • 12:00 p.m. David A. White

Executive Committee Meeting Jennifer Ying Delaware State Bar Association, 405 North King Street, Suite 100, Wilmington, DE Members-at-Large

Please contact LaTonya Tucker at [email protected] or (302) 658-5279 to have your Mark S. Vavala Section or Committee meetings listed each month in the Bar Journal. Executive Director

DSBA Bar Journal | March 2020 11 TIPS ON TECHNOLOGY | BY KEVIN F. BRADY, ESQUIRE

Benefits and Legal Risks of Ephemeral Messaging Applications

ccording to a recent survey deploying ephemeral of twenty United States fed- messaging applications eral district and magistrate as a means of comply- judges conducted by legal ing with data privacy software vendor Exterro, ephemeral mes- regulations and data se- sagingA applications will likely become a curity obligations such significant challenge for in-house legal as data minimization teams in the near future. The challenge under the European has to do with the recent proliferation of Union’s General Data ephemeral messaging applications and Protection Regulation their adoption for bona fide business (“GDPR”). Ephemeral reasons on the one hand, and the degree messaging applications to which judges expect and may mandate also offer significant that relevant information contained in benefits to companies ephemeral messaging applications be in terms of security by preserved as is the case for other messag- significantly reducing ing tools like email and texting. the amount of elec- What is ephemeral messaging? The tronic information that term refers to the mobile-to-mobile needs to be protected. transmission of multimedia messages Such tools also facilitate © istockphoto.com/ 4zevar that are deleted or otherwise not made the Information Gover- available after a certain, relatively-short nance objective of lim- time period. Many applications — in- iting the retention of information that tion, all qualify as unusual circumstanc- cluding WhatsApp, Snapchat, Insta- has no business value and is not subject es that require preservation. Because gram, Wickr, Telegram, and Signal — to regulatory or preservation obligations, ephemeral messages are “short-lived or include these features. which in turn may help reduce the costs no-lived” and the data is eliminated from of eDiscovery. the devices of those who either sent or Benefits of Ephemeral received the messages, the applications Messaging Applications Risks of Ephemeral Messaging present obvious risks. Not the least of While some recently disclosed uses of Applications these risks is that a court or jury might this technology have suggested a sinister But there are also risks associated think the applications were used to hide purpose, there are several good reasons with such technologies. For example, as something, which obviously can impact for and benefits of using ephemeral mes- the Supreme Court observed in its 2005 a party’s reputation. saging. For example, the technologies Arthur Andersen decision, an organiza- In one recent case — Herzig v. Ar- employ end-to-end encryption of mes- tion is free to manage information as kansas Found. for Med. Care, Inc.,1— the sages — both while in transit and at rest. it likes absent unusual circumstances. court found that the plaintiffs improp- This enhances confidentiality and pri- But litigation or investigation, or the erly used an ephemeral messaging appli- vacy. For this reason, some businesses are existence of a regulatory retention obliga- cation, Signal, to prevent the plaintiffs’

12 DSBA Bar Journal | www.dsba.org communications from being subject to to preservation obligations for reasonably its employees used ephemeral messaging discovery. Plaintiffs had been ordered anticipated litigation or investigation? tools. In March 2019, the DOJ revised early in discovery to produce relevant that policy to eliminate the prohibition text messages after they initially refused Are You “Damned if You Do and on use, but require companies to “imple- to divulge those communications to the Damned if You Don’t?” ment[ ] appropriate guidance and con- defendant. After reluctantly producing There are several possible answers to trols on the use of personal communica- communications which were responsive this conundrum: Some organizations tions and ephemeral messaging platforms to the defendant’s request, the plaintiffs may conclude to let the application that undermine the company’s ability to started using the Signal application to run and take their chances. In one such appropriately retain business records or communicate with each other. Signal al- case (Waymo, LLC v. Uber Technologies, communications or otherwise comply lows users to send and receive encrypted 2018 WL 646701 (N.D. Cal. Jan. 30, with the company’s document retention text messages accessible only to sender 2018) both sides had used ephemeral policies or legal obligations.”4 and recipient, and to change settings to technologies. Rather than award any automatically delete these messages after sanction, the court ruled that each side Notes: 1. No. 2:18-CV-02101, 2019 WL 2870106 (W.D. Ark. a short period of time. The plaintiffs in could present the facts about the tech- July 3, 2019) Herzig set the Signal app to automati- nologies and the jury could evaluate 2. Id . at *5. 3. Id ., at *21. cally delete their messages and did not that use was evidence of wrongdoing 4. Justice Manual, 9-47.120(3)(c), available at https:// 3 www.justice.gov/jm/jm-9-47000-foreign-corrupt- disclose their use of Signal until near or intent to hide information. The case practices-act-1977. the close of discovery. The court stated: settled early in trial. Based on the content of [plain- A second alternative is that endorsed tiffs’] earlier communications, by the U.S. Department of Justice in its Kevin F. Brady is Of Counsel at Red- which was responsive to the requests recently revised Enforcement Policy for grave LLP in Washington D.C. and can for production, and their reluctance Foreign Corrupt Practices Act cases. A be reached at [email protected]. to produce those communications, DOJ 2017 policy had provided that a “Tips on Technology” is a service of the the Court infers that the content of company could be disqualified from E-Discovery and Technology Law Section their later communications using receiving full credit for cooperation if of the Delaware State Bar Association. Signal were responsive to [defen- dant’s] requests for production.”2 Based on that observation and other factors including that the plaintiffs were IT professionals and knew their preser- PRICKETT, JONES & ELLIOTT A Professional Association vation obligations, the court concluded that the decision to employ Signal was IS PLEASED TO ANNOUNCE THAT intentional and done in bad faith and warranted a sanction. The court did not apply the sanction of dismissal and ad- verse inference, however, as it dismissed ERIC J. JURAY the case on summary judgment (for lack of evidence of unlawful discrimination) AND in the same opinion. The use of ephemeral messaging JOHN G. DAY applications, however, is not limited to individuals and, given the several HAVE BECOME MeMberS Of THE FIRM benefits noted earlier, some organiza- tions are bringing the application into the enterprise. It is axiomatic that data March 2020 that does not exist at the time the duty to preserve is triggered is not subject to 1310 KING STREET eDiscovery including preservation ob- WILMINGTON, DELAWARE 19801 ligations. The question then presented (302) 888-6500 is: What should the organization do if Fax (302) 658-8111 it has deployed ephemeral messaging www.prickett.com when it was not involved in litigation or investigation and then becomes subject

DSBA Bar Journal | March 2020 13 COMMISSION ON LAW & TECHNOLOGY: LEADING PRACTICES

Emojis and the Law

BY MOLLY DIBIANCA, ESQUIRE

moji law is a thing. Just ask Professor Eric Goldman of an exponential increase in the past few years. In 2018 there Santa Clara University School of Law.1 He has writ- were 53 cases and nearly double that in 2019. ten multiple articles about the ways in which emojis Emojis have appeared in a variety of types of cases, in- are showing up in the legal system. And, if you think cluding both criminal and civil. In criminal cases, the Pistol Eemojis do not impact your practice, you may be surprised. Our emoji and the Dagger emoji have been interpreted as evidence own Court of Chancery interpreted the meaning of an emoji of an unlawful threat. In a murder case, the Dizzy emoji — and that was nearly five years ago! 2 (a face with Xs for eyes) was evidence that the defendant knew “something was going on.” An Emoji Primer In a sex-trafficking case, the defendant was accused of If you do not use emojis, you are in a very small minority. trafficking. He denied the allegations and argued that he was Ninety-two percent of online users use emojis. In 2016, 2.3 tril- merely friends with the female prostitute. The prosecution in- lion messages contained an emoji. Despite the total infiltration troduced into evidence a text message from the defendant to the of emojis in online communications, a brief overview is in order. female in which he wrote, “Teamwork makes the dreamwork,” The word emoji is from the Japanese language and means followed by Crown, High Heels, and Money Bag emojis. An “picture character.” The Oxford English Dictionary defines emoji outside expert testified that the Crown emoji is often used to as “a small digital image or icon used to express an idea, emo- represent a pimp or leader of a sex-trafficking ring. The emoji tion, etc.” In other words, an emoji is a pictograph. was considered as evidence against the defendant. Emoticons are a type of emoji. They are created for the same A law student at the University of Michigan was arrested for purpose (to express an idea, emotion, etc.) but are images made stalking another student. When the state declined to prosecute only of keyboard characters. The quintessential emoticon, of the case, the student sued for false arrest, claiming that he could course, is the Smiley Face: :-) The smiley face dates back to not possibly have been stalking the other student because he 1982 and there are numerous cases interpreting emoticons like had used the Face With Tongue Out emoticon. The court the Winking Face: ;-) and the Face With Tongue Out: :-P. rejected that argument. Emojis have evolved to reflect changing soci- etal norms, as well. For example, in 2016, Apple changed its Pistol emoji to a Water Pistol emoji. All of the major platforms eventually came to do the same, although some did not make the change un- til 2019. Similarly, emojis are changing to reflect gender-identity diversity and many emojis are now gender neutral instead of being assigned a specific gender. Interracial and single-parent families are other recent additions that are intended to more accurately reflect the complete user base.

Emojis in the Courts According to Professor Goldman, there are now more than 170 cases in which the court interprets or considers an emoji. Although cases

began to appear as early as 2004, there has been nicomenijes istockphoto.com/ ©

14 DSBA Bar Journal | www.dsba.org A different result occurred in the the easiest for future use. When research- civil context, though. In a defamation ing on Lexis or Westlaw, a user cannot case in the U.K., the court held that a search images in order to find a particular Step up to tweet containing the same emoticon, :-P , emoji. Thus, if the court’s opinion does could not be defamatory because of that not include the word “emoji” (and/or very same emoticon. The inclusion of the “emoticon” if applicable), there is no way the mic! Face With Tongue Out emoticon, the to reliably find all cases in which an emoji court concluded, was intended to be less is referenced. than serious by virtue of the fact that the These issues may be new but they are emoticon had been included. not novel. Courts interpret other non- Emojis as evidence have presented textual communications, such as sign some logistical problems. How should language, gang signs, and even winks a text containing an emoji be read to and stares, and there is no reason to think the jury, for example? Should the emoji that they can’t do the same when it comes be excluded? Should it be stated only to emojis. The reality is that, like social as “Picture?” Or should it be described media, emojis are here to stay. (e.g., “Smiling Face emoji”)? The answer depends on the court. Although I take the Notes: 1. Professor Goldman’s blog, the Technology & Mar- position that, as visual, non-textual evi- keting Law Blog, has been reporting on the law dence, emojis should be shown to the jury and technology for years and is one of my most- used resources. Organizing a program or a directly, the question is far from settled. 2. TransPerfect Glob., Inc. v. Elting, 2015 Del. Ch. LEXIS 211, at *76 (Del. Ch. Aug. 13, 2015). CLE Seminar is a great way to The other issue that will require some get exposure and engage with thought is how to treat emojis in written the DSBA! Email your ideas to opinions. Some courts have included a Molly DiBianca is a Member of Clark Hill, Susan Simmons at ssimmons@ picture of the emoji in the text of the PLC, and co-chair of the Delaware Com- dsba.org. opinion. Although this certainly is the mission on Law and Technology. She can most accurate way to proceed, it is not be reached at [email protected].

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DSBA Bar Journal | March 2020 15 ETHICALLY SPEAKING | BY CHARLES SLANINA, ESQUIRE

Warning Signs That Your Practice Has Been Weaponized

ttorneys have a duty to ally defer to the lawyer with respect to means to be used to accomplish their objections. abide by client decisions as However, where no agreement after consultation can be reached, the Comment goes to the “objectives” of the on to recommend that the lawyer withdraw from the representation. Rule 1.16(b)(4). representation (Rule 1.2). What are the warning signs that a client intends to use your legal services for Attorneys also have a duty to consult with means or objectives that you cannot or should not condone? Consider the following: theA client about the “means” by which the objectives are to be pursued (Rule A prospective client advises that they do not care what the case will cost. First of 1.4). However, attorneys are permitted to all, they do not care because they are probably not going to pay you. But second, limit the scope of the representation (Rule 1 the client’s goal may not be one that the legal system can provide. If the client talks 1.2(c)), and there are several professional about “ruining” the opponent, forcing the adverse party to apologize, or embarrass- obligations which constrain an attorney’s ing them, the client is unlikely to be happy with any outcome that you can achieve. conduct regardless of how much the cli- ent wants the attorney to engage in that conduct. Rule 1.2(d) prohibits a lawyer The prospective client talks in terms of “waging war” and looking for a lawyer from counseling or assisting a client in 2 who is a “real fighter.” Remember, you’re a professional, not a hired gun. Act- criminal or fraudulent behavior. Rule ing professionally within your own professional obligations is unlikely to satisfy this 3.1 prohibits a lawyer from defending or client. If you cannot dissuade the client from viewing the litigation as a blood sport, asserting an issue without basis in law it is probably just a matter of time before the client attributes any lack of success to or fact. Rule 3.2 requires an attorney your lack of aggression. to make reasonable efforts to expedite litigation consistent with the interest of Has the client forbidden you to agree to any extensions, continuances, or other the client. Rule 3.4 imposes a duty of 3 accommodations to opposing counsel? If so, remember that the client is entitled fairness to opposing party and counsel. to select the objectives of the representation (although the attorney is not obligated to Rule 3.8 limits an attorney’s ability to use agree to represent the client in pursuit of those objectives). However, the attorney is trial publicity. Rule 3.5 limits conduct entitled to deference as to how those objectives are pursued. Consider putting language that affects the impartiality and decorum in your fee agreement reserving the right (after consultation with the client) to agree of the tribunal. Rule 3.5(d) prohibits a to reasonable accommodations requested by a litigation opponent. Share the Principles lawyer from engaging in undignified or of Professionalism of Delaware Lawyers with the client — specifically B, which states discourteous conduct that is degrading to that “Agreements for reasonable extensions of time should not be withheld arbitrarily.” a tribunal. Rule 4.4 prohibits an attorney from using means with no substantial During discovery, does the client tell you that they are not going to give the purpose other than to embarrass, delay, 4 other side anything? Again, after consultation with the client, advise the client or burden a third person. that your professional obligations require you to participate in and respond to the When faced with a conflict between court’s processes. Share B.2 of the Principles with the client, which strongly encour- what the client wants the lawyer to do ages good faith participation in discovery. and the lawyer’s professional obligations to the court and profession, Comment [2] Does the client want to use delay as a litigation tactic? Remind the client of to Rule 1.2 advises that a client will usu- 5 your professional obligation to expedite litigation. 16 DSBA Bar Journal | www.dsba.org Does the client want to “go public” and try the case in the press? Remind the 6 client of your professional obligations with regard to inappropriate efforts to affect the case by the use of public opinion. This includes both refusing the client’s request that you make inappropriate out-of-court statements as well as getting the client to refrain from doing so themselves. LOOKING TO

If the client talks about “ruining” the opponent, forcing the adverse party to apologize, or GROW embarrassing them, the client is unlikely to be AND happy with any outcome that you can achieve. Sometimes it is not the client who attempts to weaponize your practice, but in- BUILD stead a pro hac vice attorney for whom you are acting as “local counsel.” Remember, there is a question as to whether there is such a thing as local counsel. Delaware YOUR courts have found a duty of the Delaware attorney to supervise the conduct of the pro hac vice admitted attorney and also to assume a level of joint responsibility for the matter. CLIENT Warning signs that your out-of-state counsel is attempting to weaponize your practice include the following: BASE? Do you receive pleadings that you are expected to file too close to the due date 1 to permit you adequate time for review? If so, do the pleadings contain ad ho- minem attacks on your opposing counsel or party? Do they state a good faith basis Join the online DSBA in law or fact for the claims made? Lawyer Referral panel Has the non-Delaware attorney forbidden you from granting any extensions, at www.dsba.org. 2 continuations, or stipulations? Opting in is simple and Has the pro hac vice admitted attorney demonstrated themselves to be hostile 3 to the principles of civility that you have shared with them? Remember that if free to all DSBA members. you are unable to control the non-Delaware attorney’s conduct at deposition or trial, you may share some of the liability for that misconduct.

Does the out-of-state counsel want you to file a recusal motion against the trial 4 judge or a disqualification motion against opposing counsel as a litigation tactic rather than on the merits?

Conclusion If you face any of the above situations, consider the advice contained in Rule 1.2. Advise the client or out-of-state counsel that they have the right to choose the objec- tives of the representation, but after consultation, you have the professional obligation to select the means by which those objectives should be sought. While the client has the right to select the objectives of the representation, the client does not have the right to have you as counsel in pursuit of those objectives.

“Ethically Speaking” is intended to stimulate awareness of ethical issues. It is not intended as legal advice nor does it necessarily represent the opinion of the Delaware State Bar Association. “Ethically Speaking” is available online. Columns from the past seven years are available on www. dsba.org.

Charles Slanina is a partner in the firm of Finger & Slanina, LLC. His prac- tice areas include disciplinary defense and consultations on professional re- sponsibility issues. Additional information about the author is available at www.delawgroup.com.

DSBA Bar Journal | March 2020 17 DE-LAP ZONE | CAROL P. WALDHAUSER, EXECUTIVE DIRECTOR

Rule Number One: Communication

id you know that you can Verbal/In-Person be honest with one another; or even to build more focus, unity, Communication learn from one another. There is more to trust, and credibility into 2 people than meets the eye, but “eye-to- your organization with effec- The article Seven Keys to Effective eye” contact is needed to establish a rap- Dtive communication skills? Communication by Irene Leonard1 in- port and trust, followed by strong verbal Generally, successful lawyers do cludes a brief discussion on how we have communication that includes questions, not inherit their communication skills. grown a little too dependent on email. listening, learning, and understanding. Rather, they are developed, nurtured, Some things are best handled by picking The word “communication” comes from refined, shared, and maintained. Good up the phone. She states further that, the Latin word “communico,” which communication skills are a necessity “Bad news should be given by phone or means to share. The verbal communica- for a high-performance, successful law in person, rather than by email.” In ad- tion should not be one-way. practice. Why? Lawyers need to com- dition, news of this nature should also municate with clients, staff, partners, not be delivered by post or text. Listening associates, vendors, and other lawyers. Verbal, in-person communication is 3 The real secret to success is your ability an important skill for the legal profes- to communicate. sional. Why? Because it may be a way If you really are a good listener, you Successful communication includes to get people: to trust one another; to are the rare exception. Most people lis- but is not limited to some of these tips: 1 Master Questions Especially for lawyers, a specific skill within the scope of communication is the ability to ask questions and to probe. Equally as important, questions establish rapport, uncover concerns, and reveal problems. The high-performance lawyer knows that the development of strong communication skills are vital to a suc- cessful career and leadership role again because you need to communicate with your clients, staff, partners, associates, other lawyers, and vendors. Know how to ask questions. Once you ask a question — listen — avoid rehears- ing answers while the other person is talking. Plus, do not interrupt. Moreover, do not think that you have to control the conversation. Remember, good listening

skills include silence and intuition. Color_life istockphoto.com/ ©

18 DSBA Bar Journal | www.dsba.org ten passively, because they consider the blame? In our communication speaking to be the active component Other Communication with others, it is imperative that we of communication. That is because Tools and Skills understand when to: they confuse listening with hearing! 1. Drop the subject when it is Dynamic listening, sometimes emotionally overcharged, while ▪▪ Seek first to understand called active listening, needs to be agreeing to consider it when both developed by all of us, since we gen- ▪▪ Respect other’s opinions parties feel more balanced; erally allow much of what we hear ▪▪ Communicate rationally 2. Ask a third party to be present to go in one ear and out the other. to help keep the real issues on the Learning to listen brings tre- ▪▪ Communicate and eliminate table (making sure that confiden- mendous rewards that contribute to internal competition tiality is guarded); health and happiness on all sides. We ▪▪ Treat one another with 3. Use “dialogue” — really listen relieve stress. We meet the other on dignity to the other individual, reflecting common ground. We provide them back what you think they are say- with affirming strokes. According to ▪▪ Commit to excellence, not ing until you are both sure that un- Dr. John Travis, “to be listened to is perfection derstanding has been achieved; and to be acknowledged as a worthwhile ▪▪ Accept mistakes and learn 4. Agree that it is okay to disagree. human being — and that is the best ‘medicine’ there is.”2 from them Humanistic psychologist Carl ▪▪ Learn continuously Persuasion Rogers said, “Real communication 7 ▪ occurs…. when we listen with under- ▪ Build trust with integrity How others communicate is a standing.” What does this mean? It statement of their character; how you means to see the expressed idea and respond to their communication is a attitude from the other person’s point Value statement of yours. of view, to sense how it feels to him or 5 A successful lawyer must be persua- her, and to achieve his or her frame of Lawyers are constantly on the clock sive. This skill is imperative when nego- reference in regard to the thing that is and bill their time accordingly. There- tiating, arguing your case, working with being discussed. To bring out the best fore, it is critical that their time be spent staff, and responding to clients. Most in others, listen. To bring out the best wisely. By sharing our words with others, communications are important, large or in yourself, listen. we share our thoughts, and thus we share small. Do not procrastinate, but when ourselves. As we learn about each other, possible, conduct your discussions when we learn more about the world at large, you feel calm and confident. Assertiveness 4 and more about ourselves. The ability to For more information on this, or other view our exchange in this way allows us matters, affecting you, or someone you Dr. Travis defines assertiveness as to be open, to learn and to grow — with know, regarding quality of life or quality “the ability to express your thoughts and clients, staff, and others. Remember too of professionalism call DE-LAP at (302) feelings in a way that clearly states your to respect one’s different social and cul- 777-0124 or e-mail cwaldhauser@de-lap. needs and keeps the lines of communi- tural communication styles when com- org. DE-LAP is free and confidential for cation open with the other.” Often our municating with them. all Delaware legal professionals. reluctance to be assertive stems from con- fusing this type of communication with Striving to be truthful Notes: 1. Leonard, Irene. “Seven Keys To Effective Commu- aggression, but they are not the same. and direct in nication.” Effective Communication for Lawyers by 6 communications Irene Leonard, Business Coach. Accessed Febru- Taking care of your own needs, tak- ary 24, 2020. https://www.coachingforchange.com/ ing charge of yourself or letting others Many of our communication ex- communication-skills-for-lawyers.html. 2. Travis, John W., Regina Ryan, and John W. Travis. take charge (as appropriate), expressing changes go around in circles, leaving us The New Wellness Workbook: How to Achieve En- feeling power-robbed, angry, and dissat- during Health and Vitality. Berkeley, CA: Celestial an unpopular opinion, saying “no” when Arts, 2004. that is what you mean are among your isfied. Once you are aware of this pattern, rights as a human being. To refrain from you are in a better position to break it. doing so is to undermine your wellbeing Carol P. Waldhauser is the Executive When there is a problem or a conflict, Director of the Delaware Lawyers As- — but remember to be diplomatically do a quick attitude check or adjustment. sistance Program and can be reached at firm and not hostile. Are you trying to fix the problem or fix [email protected].

DSBA Bar Journal | March 2020 19 OFFICE OF DISCIPLINARY COUNSEL QUARTERLY CORNER

Are Lawyers the Last Bastions of Civility and Fidelity?

BY LUKE W. METTE, ESQUIRE

o not laugh at the title of this profession’s commitment to civility and “does not require the use of offensive article. integrity? tactics”). As a nation, we are wit- Civility should matter to lawyers Civility for Lawyers nessing an erosion of civility and judges. Among other things, uncivil in various arenas. Increasingly, people The Principles of Professionalism for behavior by a lawyer may be detrimental D Delaware Lawyers (the “Principles”) de- are rude, demeaning, and disrespectful both to the client’s interests and to the in their interactions with others. fine professional civility as “conduct that public’s confidence and trust in the legal shows respect not only for the courts system. Concomitantly, public debate in- and colleagues, but also for all people creasingly seems untethered to (and encountered in practice”; civility is not Integrity for Lawyers unconstrained by) any objective set of “conduct that unnecessarily delays mat- factual, procedural, or legal moorings. Personal integrity “is the most im- ters, or is abusive, rude or disrespectful.” portant quality in a lawyer,” requiring People do not always take the time to Principles, A.4. Civility. understand the rules of engagement, “both the expression of the truth and the investigate actual facts, or observe settled The expectation of civility is embed- refusal to mislead others in speech and principles. ded in the Delaware Lawyers’ Rules of demeanor.” Principles, A.1. Integrity. Professional Conduct (the “Rules”) and The Delaware lawyer’s oath requires As a result, public confidence in related Comments. See, e.g., Rule 3.5(d) the affirmation that lawyers will behave our collective ability to solve important (a lawyer shall not “engage in conduct “with all good fidelity as well to the social and political issues is ebbing. Yet, intended to disrupt a tribunal or engage Court as to the client” and “will use no we face significant social and legislative in undignified or discourteous conduct falsehood.” Del. Supr. Ct. R. 54; see also issues that require thoughtful debate that is degrading to a tribunal”); Rule Rules 3.3, 4.1, 8.1, and 8.4(c). and, perhaps, reform. In the current 4.4(a) (a lawyer “shall not use means environment, how are we going to ad- Living up to the expectation of pro- that have no substantial purpose other fessional fidelity requires time, effort and dress such important issues rationally than to embarrass, delay or burden a commitment. See, e.g., Rule 1.1 cmt. 5 and efficiently? third person”); see also Rules, Preamble (“Competent handling of a particular It is common for non-lawyers to make cmt. 9 (noting a lawyer’s obligation matter includes inquiry into and analysis fun of lawyers. However, I submit we see zealously to protect and pursue a client’s of the factual and legal elements of the less professional incivility and dishonesty legitimate interests “while maintaining a problem”); Principles, A.5. Diligence (a among lawyers (on average) than we do professional, courteous and civil attitude lawyer “should expend the time, effort, in most segments of our society. If so, toward all persons involved in the legal and energy required to master the facts what can other professions, and our body system”); Rule 1.3 cmt. 1 (a lawyer’s and law”). politic generally, learn from the legal duty to act with reasonable diligence Like civility, fidelity should matter to lawyers and the courts. See, e.g., Rule At times we need to be reminded and assisted 3.3 cmt. 2 (recognizing “special duties of by our peers, colleagues, and friends to lawyers as officers of the court to avoid conduct that undermines the integrity of stay on track — to live up to the behavioral the adjudicative process”); Principles, B. expectations of our profession. Conduct of litigation (“A lawyer should

20 DSBA Bar Journal | www.dsba.org avoid conduct that undermines the judi- a political debate, or go to a high school cial system or the public’s confidence in sporting event. Even in the workplace, it, as a truth seeking process for resolv- compliance and HR departments have ing disputes in a rational, amicable, and to spend time and money training and THE DSBA efficient way”). reminding employees to treat each other with respect and integrity. LEGAL Competing Forces and the Imagine if our democracy’s impor- Importance of the “Second Line tant social and political debates were DIRECTORY of Defense” grounded in civility and fidelity — as Despite the obvious importance of reinforced by peers. What if our elected these duties, lawyers sometimes face officials and influential media personali- APP competing forces in the practice of law ties (of all political persuasions) regularly that might cause them to stray from supported their public statements with civility and fidelity. Perhaps: established facts and recognized legal ▪▪ a client or boss insists a lawyer principles, while demonstrating respect engage in unprofessional conduct; for those with different views? And suppose when they strayed from civil- ▪▪ an adversary gets under a lawyer’s ity and integrity they were guided back skin; on course by their colleagues, mentors, ▪▪ a lawyer is struggling to legiti- and friends — before it was too late. mately meet a minimum billable And imagine if people did so because hour requirement at the firm; or the integrity of the discourse mattered ▪▪ a lawyer cannot focus because of inherently, because public confidence in substance abuse or a mental health that discourse mattered, and because the issue. participants were committed to resolving Yet, it is precisely in such moments their disputes rationally, efficiently — — when adhering to civility and fidel- and peacefully. ity may be the most challenging — that • • • remaining civil and honest is the most The next time you hear people important. making disparaging comments about At times we need to be reminded lawyers, consider asking them how com- and assisted by our peers, colleagues, mitted they are — personally and by and friends to stay on track — to live way of assisting others — to maintain up to the behavioral expectations of our civility and fidelity when debating the profession. This “second line of defense” important social and political issues our is probably the most effective and impor- country faces. tant way for lawyers to remain compli- Free for all DSBA members ant with the Rules. A friend, colleague, mentor, or boss might pull a lawyer aside Luke Mette has been a member of the and ask: Delaware Bar since 1988 and has held ▪▪ “What are you doing?” numerous positions in government and private firms. He was named Chief Dis- ▪▪ “Are you okay?” ciplinary Counsel for the Office of Disci- Call or email right from the app ▪▪ “Do you realize how you are plinary Counsel by the Delaware Supreme Court in January 2019. coming across to the judge and op- posing counsel?”

Imagine if Others Followed Our ALWAYS up-to-date! Lead on Civility and Fidelity The notion of treating others with respect and fidelity sounds simple in theory. However, as a society, we rou- tinely fail to live up to those standards. SEARCH: DELAWARE LEGAL DIRECTORY Just turn on the television news, watch

DSBA Bar Journal | March 2020 21 SPOTLIGHT ON SMALL FIRMS AND SOLO PRACTITIONERS

How to Get Fortune 100 Benefits for Your Firm While Still Working in Your Pajamas1

BY DENISE DEL GIORNO NORDHEIMER, ESQUIRE

think most small firm owners would agree that the biggest PEO becomes the employer of record for tax purposes through challenge they face is providing benefits to their employees filing payroll taxes under its own tax identification numbers. without going broke. Because most are too small to get Additionally, the IRS offers a certification for PEOs (“Certified market rates, providing major benefits like healthcare, PEOs” or “CPEOs”) which allows for the CPEO to take on the dental and vision plans, retirement plans, and disability insur- sole liability for payment of federal payroll taxes.3 As attorneys, Iance are simply too expensive to consider providing. The typical I think we love all situations where liability for an aspect of our employee at a small firm often relies on a spouse’s benefits; if lives is shifted away from us. they are not fortunate enough to have such a spouse, then they In essence, by utilizing the services of a PEO, you outsource are subject to costly private insurance plans. There are many the administrative side (along with many of the headaches) wonderful aspects to small firm life, but robust and affordable of running your business. The structure of a co-employment benefits have not been among them. relationship allows client owners to retain control over staffing A few months ago, I attended a quarterly conference in and business decisions, while the PEO assumes certain employer Texas composed of attorneys with similar practices across the responsibilities and risks. Most significantly, your business just United States. These conferences function like group therapy went from a group of 10 people to, depending on the size of for small firm owners; there is nothing like mediocre near-the- the PEO you join, a group of 240,000. You just got the power airport hotel food and non-stop meetings to get you to bare of the marketplace. your business soul. During a discussion about the challenge As in all things, we are attorneys first and businesspeople of benefits, an attorney from Wisconsin said, “We use a PEO, second. We must always look for ethical guidance where many it’s about $200 per employee, per pay for all of our benefits.” I businesses do not have to. In 2015, the Association of the Bar was dumbstruck. It seemed impossible that there was an easy, of the City of New York issued a detailed ethics opinion on law affordable answer. I immediately scribbled down a note, put a firms contracting with PEOs in its Formal Opinion 2015-1 star next to it, and Googled “What is a PEO?” as soon as I got (NYC Formal Op. 2015-1) That opinion identifies five ethical back to my hotel room. issues that must be considered: It turns out that a Professional Employer Organization 1. A lawyer’s duty to maintain professional independence (“PEO”) is an outsourcing company that provides human under Rules of Professional Conduct 1.8, 2.1 and 5.4. resources for small and midsize businesses through co-employ- 2. A lawyer’s duty to supervise lawyers and nonlawyers at ment agreements.2 Typically, a PEO will offer services including the firm under Rules 5.1 through 5.3. human resource consulting, safety and risk mitigation ser- 3. A lawyer’s duty to preserve confidential information vices, payroll processing, employer payroll tax filing, workers’ under Rules 1.6 and 1.9. compensation insurance, health benefits, employers’ practice and liability insurance (EPLI), retirement vehicles (401(k)), 4. A lawyer’s obligation to avoid conflicts of interest under regulatory compliance assistance, workforce management Rules 1.7, 1.9 and 1.10. technology, and training and development. All things your firm 5. A lawyer’s obligation to not share legal fees with nonlaw- should want, but likely does not have. As a co-employer, the yers under Rule 5.4.

22 DSBA Bar Journal | www.dsba.org In essence, by utilizing the services of a PEO, you outsource THE the administrative side (along SAVE DATE with many of the headaches) of Small Firms and running your business. SOLO PRACTITIONERS Examining these five ethics issues and earlier ethics guidance from other jurisdictions, NYC Formal Op. 2015-1 concludes that a law firm may contract with a PEO for co-employment of Conference the law firm’s employees as long as four requirements are met: 1. The law firm must not allow the PEO to interfere with Thursday, April 2, 2020 the lawyers’ ethical obligations to exercise independent Delaware State Bar Association professional judgment or to supervise other lawyers and Wilmington, DE nonlawyers. The law firm must not allow the PEO to access confi- 2. As practicing attorneys of Small and Solo Firms, you dential information relating to the firm’s clients. need to run your own professional services firms. 3. The law firm must be aware of obligations to avoid con- This Seminar will help you understand the unique flicts of interest. NYC Formal Op. 2015-1 does not require the PEO to conduct conflict checks, however, because the complexities of ethically managing a law firm as a PEO should not be gaining access to confidential client business. Firms seeking to improve efficiency, make information or interfering with the lawyers’ representation better use of available technology, and ultimately of their clients. improve their revenue and profits should attend. 4. The law firm must not compensate the PEO in a manner If you hope to hit and exceed your personal and that violates prohibitions against sharing fees with nonlaw- financial goals, you will benefit from this Seminar. yers. A law firm generally may not share fees with a non- lawyer, including a PEO co-employer. Since PEOs generally charge flat fees per employee or service, or fees based upon Topics include a percentage of total payroll, this should not be an issue.4 Attorneys’ Preferred Insurance Program

For those of you who want to keep your independence Complaints, Malpractice, and Ethics while also ensuring your firm has the benefits of a Fortune 100 business, it may be worth looking into a PEO relationship. Scaling Law Firm Growth through Intake Policies & Procedures Like working in my pajamas, it might be a very comfortable arrangement. An Ongoing Look at Billing Models and Alternative Fee Arrangements for Small Firms Notes: 1. Thank you to everyone who wrote to me in support of “pajama days” from my What I Wish They Taught Me In Law School last article in this publication. Please stop sending photos. 2. “Professional Employer Organization Pros and Cons.” Business.com, www. business.com/articles/professional-employer-organization-pros-and-cons/. R ASSOC 3. Mangrum, Terri. “IRS Program Rolls out New Safeguards for PEO Clients.” BA IATI TE ON The Tennessean, The Tennessean, 14 June 2017, www.tennessean.com/story/ TA S E sponsor-story/lbmc/2017/06/14/irs-program-rolls-out-new-safeguards-peo- R A clients/102850558/. W A L 4. Downey, Michael. “Can Your Law Firm Work with a PEO?” American Bar Associ- E ation, 2019, www.americanbar.org/groups/law_practice/publications/law_prac- D tice_magazine/2019/MJ2019/MJ19Downey/.

Denise D. Nordheimer practices estate administration, es- tate planning, adult guardianships, and fiduciary litigation at ! O L Nordheimer Law. In addition to her law practice, Denise has O S also enjoyed being an Adjunct Faculty Member at Wilmington 2020 LY F University where she has taught Estate Planning and Probate T O E E D to students in the Paralegal certification program and Business YO U D O N ' T N Law to Accounting and Finance Majors. She loves small dogs, baking, knitting, and walking and can be reached at denise@ Visit www.dsba.org for more information and to register. nordheimerlaw.com.

DSBA Bar Journal | March 2020 23 SPOTLIGHT ON SMALL FIRMS AND SOLO PRACTITIONERS

Legal Podcasts: Sharpening Your Knowledge and Skills Outside the Office

BY ROBERT M. KLEINER, ESQUIRE

ooking to keep up with developments in the law while driving? Want to explore new ideas in law office management while at the gym? If you have an internet-connected smartphone or computer, you have access to podcasts — digital Laudio distributed via the internet, which tend to be serialized and released in regular installments. Pod- casts have been around for some time, dating back to at least 2003 or 2004,1 and drew inspiration from audio blogging, which dates back to the 1980s.2 We are currently in the midst of a podcast renais- sance. (“[A]bout half of all podcasts in existence were created in the last two years alone.”3) Podcasts cover a plethora of topics and for those looking to keep up on recent legal developments or pick up pointers on running a small firm or solo practice, there are many podcasts to choose from. I have listed some of my

favorites below. © istockphoto.com/ Mykyta Dolmatov

The Lawyerist Podcast cuss how you can structure your work day to take advantage The Lawyerist website (lawyerist.com) is of your best, most-focused hours. (Although, contrary to the a helpful resource for any small firm or solo episode title, they do not actually advocate charging different practitioner. The Lawyerist describes its pod- rates for afternoon hours versus morning hours.) cast as “a show about the future of lawyering Lawyerist episodes have a long shelf life and I tend to listen and law practice[.]” 4 The Lawyerist Podcast, to episodes based on the topics discussed as opposed to strictly like the website, tends to focus on the business side of small listening to the latest episode. The Lawyerist Podcast is avail- firms, such as marketing, billing, staffing, etc. able on Apple Podcasts, Google Play, and Spotify. A recent, representative episode of The Lawyerist Podcast is episode number 255, “Why You Should Charge Less After Attorney Buoyancy Lunch,” which was released December 19, 2019. According Attorney Buoyancy is the podcast of the to guest Dan Pink, the most productive hours in the office Delaware Lawyers Assistance Program (“DE- are the first few in the morning when an attorney arrives for LAP”). This podcast focuses on the Delaware work, and the least productive are those following lunch. legal community. Notable podcast guests in- Hosts Sam Glover and Stephanie Everett and Dan Pink dis- clude David Ferry, Richard Herrmann, Luke

24 DSBA Bar Journal | www.dsba.org Podcasts cover a plethora of topics and for those looking to keep up on recent legal developments or pick up pointers on running a small firm or solo practice, there are many podcasts to choose from.

Mette, and Carol Waldhauser. The first season, released in it cover law office management. I included this because it 2019, consisted of six episodes and I expect that we have much does cover the U.S. Constitution and it is exceptionally well- to look forward to in season two. Host Rich Lombino and produced and highly entertaining. his guests cover a broad set of topics, including mentorship, Podcast aficionados will likely recognize the name Radio- lawyers assistance programs, professional responsibility, and lab, the WNYC podcast about science. More Perfect takes Ra- law and technology. Attorney Buoyancy is available on Apple diolab’s same knack for storytelling and excellent production Podcasts and Android Podcasts. values for a podcast about the U.S. Constitution. This podcast is intended for general audiences. It is highly entertaining and SCOTUScast interesting and is a must-listen for any podcast listener who SCOTUScast is one of several podcasts would like to learn more about the Constitution. The discus- offered by the Federalist Society. Many sion tends to be less nuanced than that you might expect at a people know of the Federalist Society for its 5 CLE, but it might be a good refresher of your Con Law class influence in conservative judicial nominees. from law school. One of my favorite episodes is from Season Notwithstanding the conservative reputation two and is entitled, “One Nation, Under Money.” Through of the Federalist Society, this podcast is largely apolitical. several anecdotes and notable U.S. Supreme Court cases, An attorney (there appears to be no regular host) describes host Jad Abumrad explains Congress’s commerce clause to the facts and legal issues of a particular U.S. Supreme Court listeners. More Perfect is available on Apple Podcasts, Google case. This is an easy way to keep on top of developments at Play Music, Google Podcasts, TuneIn, and Stitcher, among the high court and gives considerably more detail and nuance other podcast platforms. than you would find in broadcast media. A recent episode that I found particularly informative in my practice area was Further Information the episode on North Carolina Department of Revenue v. The To borrow Rich Lombino’s sign-off from Attorney Buoy- Kimberly Rice Kaestner 1992 Family Trust (released July 15, ancy, “Take care and be well.” For more legal podcast recom- 2019), which discusses the opinion of the Supreme Court mendations, check out the Lawyerist’s list of the best legal issued June 21, 2019. podcasts in 2020.6 The Federalist Society offers a number of other podcasts that are worth checking out as well. I have listened to The Notes: Fourth Branch Podcast, Necessary & Proper Podcast, and the 1. Charley Locke, Wired.com (1 Sept. 2017), “The First Podcast: an Oral History,” https://www.wired.com/story/oral-history-first-podcast/; Stephanie Watson, Teleforum Podcast, and found them each to be interesting and HowStuffWorks.com (26 Mar. 2005) “How Podcasting Works,” https://com- informative. I would say that they are largely apolitical, as puter.howstuffworks.com/internet/basics/podcasting.htm. 2. Alex Ledsom, Forbes.com (29 Jul. 2019) “What Duolingo’s New French Lan- well. A recent episode of Necessary and Proper (episode 52, re- guage Podcast Says About the Future of Podcasting” https://www.forbes. com/sites/alexledsom/2019/07/29/what-duolingos-new-french-language-pod- leased January 7, 2020), entitled “Can Congress Enforce Their cast-says-about-the-future-of-podcasting/#d89c9176b2d8. Subpoenas?” is a good, recent example of this. At a time when 3. Kara Weinstein, Mic.com (6 Jan. 2020), “We’ve officially reached peak podcast,” https://www.mic.com/p/weve-officially-reached-peak-podcast-19771213. the President’s attorneys are skeptical of Congress’s power to 4. Lawyerist (9 Dec. 2019) “The Lawyerist Podcast,” https://lawyerist.com/pod- compel testimony, this Federalist Society podcast discusses cast/. 5. Jacqueline Thomsen, Law.com, “Trump Judicial Nominee Faces Questions Congress’s authority, historically, and asserts that Congress Over Recently Renewed Federalist Society Membership” (8 Jan. 2020), can imprison and fine persons who disobey congressional https://www.law.com/nationallawjournal/2020/01/08/trump-judicial-nominee- faces-questions-over-recently-renewed-federalist-society-membership/?slretu subpoenas. The podcast which feels the most partisan is the rn=20200025200615. 6. Lawyerist, (17 Jan. 2020) “Best Legal Podcasts (2020),” www.lawyerist.com/ Teleforum podcast, though most political comments in that strategy/best-podcasts/. podcast come from the listeners’ questions, not the presenters. Federalist Society Podcasts are available on Apple Podcasts, Google Play, and Stitcher. Radiolab presents More Perfect Rob Kleiner is an attorney at Kleiner & Kleiner LLC, where I had to include this last podcast as an his practice focuses on elder law and trusts & estates. He is a honorable mention, even though it is not former chairperson of the Small Firms & Solo Practitioners Sec- tion and the Elder Law Section. He can be reached at robert. about new developments in the law, nor does [email protected].

DSBA Bar Journal | March 2020 25 FEATURE

Report: 2020 Midyear Meeting of the ABA House of Delegates BY WILLIAM D. JOHNSTON, ESQUIRE

he 2020 Midyear Meeting of the American Bar Association’s House all persons born in the territories, of Delegates took place on February 17 in Austin, Texas during possessions, and commonwealths of the United States, and who are sub- the 2020 ABA Midyear Meeting. This is to offer some highlights. ject to the jurisdiction of the United States, as natural-born citizens of the T United States, and further urging The Delaware Delegation Resolutions Adopted by the the Judiciary to declare 8 U.S.C. § As I have noted in previous reports, House 1408(1) as unconstitutional in viola- the House of Delegates is the principal The House adopted the following tion of the Citizenship Clause (10C); policy-making body of the ABA. For resolutions (with numbers as indicated), ▪▪ Urging federal courts to interpret the most recent meeting, the Delaware and in doing so articulated as ABA policy the relationship of federal habeas Delegation included The Honorable the substance of each resolution: corpus and federal civil rights law to William C. Carpenter, Jr., Delegate- ▪▪ Urging federal, state, local, ter- permit an individual who is ineligible at-Large and immediate past member ritorial, and tribal governments to for federal habeas corpus relief to of the ABA Board of Governors; The acknowledge and prioritize respond- bring a civil rights claim pursuant Honorable Vivian L. Medinilla, Delegate ing to the Missing and Murdered to 42 U.S.C. § 1983 for civil rights representing the National Association of Indigenous Women (MMIW) crisis, violations associated with the crimi- Women Judges; Ben Strauss, DSBA Bar and urging Congress to pass legisla- nal process leading to a criminal Delegate; Lauren DeLuca, DSBA Young tion that: (1) prioritizes national data conviction (10D); Lawyer Bar Delegate; and yours truly, collection and tribal access to that ▪▪ Supporting a rebuttable presump- State Delegate. data, (2) develops inter-jurisdictional tion of irreparable harm for purposes Remarks from ABA Officers and protocols, and (3) provides a holistic of preliminary or permanent injunc- Others response (10A); tive relief in trademark infringement During the session of the House, ▪▪ Urging federal, state, local, ter- cases and supporting amending we heard from ABA officers and oth- ritorial, and tribal governments to Section 34 of the Lanham Act, 15 ers. Speakers included Chair of the examine existing policies on the use U.S.C. § 1116, to provide for such a House Bill Bay, ABA President Judy of lethal force against individuals presumption (101A); Perry Martinez, ABA Treasurer Michelle during law enforcement encounters ▪▪ Supporting a right that would Behnke, ABA Secretary Mary Smith, — including investigative stops, legally compel the disclosure of inter- ABA President-Elect Trish Refo, ABA arrests, and searches — in order to net domain name registrant contact President-Elect Nominee Reggie Turner, determine whether those policies information by any U.S. entity that ABA Executive Director Jack Rives, and should be modified to ensure that the administers and maintains such Chief Justice Nathan L. Hecht, President lethal force is only employed against contact information, upon receipt of of the Conference of Chief Justices. individuals when necessary to protect a notice alleging a legitimate interest Throughout the ABA Midyear Meet- officers or public safety (10B); based on the registrant’s violations ing, attendees celebrated the 100th ▪▪ Supporting an interpretation of of applicable laws relating to intel- anniversary of the passage of the 19th the Citizenship Clause of the Four- lectual property protections (101B); Amendment to the U.S. Constitution, teenth Amendment to the United ▪▪ Urging all federal, state, local, guaranteeing women the right to vote. States Constitution that recognizes territorial, and tribal legislative bod-

26 DSBA Bar Journal | www.dsba.org ies to enact laws, and governmental cedures that protect and provide ▪▪ Urging federal, state, local, ter- agencies to adopt policies, that pro- for the health and well-being of ritorial, and tribal governments to vide law enforcement officers with Military Working Dogs, whether enact statutes, rules, and regulations comprehensive animal encounter deployed in service, retained and that would define the requirements training on the reasonable use of trained by armed forces, or deployed of safe storage of a firearm, require force necessary to better secure the to armed forces through contracts firearm owners to meet those re- safety of such officers, protect public with governments (104B); quirements, promote safe storage health, reduce legal liability, and ▪▪ Urging Congress to amend the education for firearm owners and ensure the humane treatment of the Air Carrier Access Act, 49 U.S.C. urging the federal government to animals encountered (103A); § 41705 (1986), to establish a pri- incentivize safe storage programs ▪▪ Urging Congress to enact legis- vate right of action and to provide within the states (107C); lation to clarify and ensure that it equitable and legal relief, including ▪▪ Urging federal, state, local, ter- does not constitute a federal crime compensatory and punitive dam- ritorial, and tribal governments to for qualified lawyers to provide legal ages, as well as reasonable attorneys’ enact legislation that provides: for advice and services to clients regard- fees, reasonable expert fees, and voter preregistration for eligible 16 to ing marijuana-related activities that the costs of the action, to plaintiffs 18-year-olds and that they be added are in compliance with state, territo- who prevail in civil discrimination to the voter roll upon reaching the rial, and tribal law (103B); actions (106); legal age for voting; for high schools and colleges to provide students a ▪▪ Urging state, territorial, and ▪▪ Urging federal, state, local, ter- meaningful opportunity to register federal courts to apply the modern ritorial, and tribal governments to and vote and to provide robust civics incorporation doctrine standards enact statutes, rules, and regulations education to promote well-informed to the Seventh Amendment to the that would make it unlawful for any voting; and for governmental entities Constitution of the United States person to transfer, sell, trade, give to appropriate sufficient funds to and make its formulation of the transport, or deliver any unfinished implement voter preregistration and fundamental right to trial by jury firearm frame or receiver to any per- civics education as called for by this in civil cases applicable to all states son (other than a licensed importer, resolution (108); and territories of the Union (103C); licensed manufacturer, licensed ▪▪ Urging Congress to enact legisla- dealer, or licensed collector) unless ▪▪ Requesting approval of the Uni- tion to clarify and ensure that it shall the unfinished frame or receiver is form Electronic Wills Act an appro- not constitute a federal crime for serialized in accordance with federal priate Act for those states desiring banking and financial institutions requirements for the serialization of to adopt the specific substantive law to provide services to business and firearms, the recipient passes a back- suggested therein (109B); individuals, including attorneys, ground check consistent with the ▪▪ Requesting approval of the Uni- who receive compensation from the federal requirements for a licensed form Registration of Canadian sale of state-legalized cannabis or dealer’s transfer of a firearm, and Money Judgments Act as an appro- who provide services to cannabis- records consistent with the federal priate Act for those states desiring related legitimate business acting record-keeping requirements for li- to adopt the specific substantive law in accordance with state, territorial, censed firearm dealers are created suggested therein (109C); and tribal laws (103D); and retained (107A); ▪▪ Urging federal, state, local, ter- ▪▪ Urging all nations, including ▪▪ Urging federal, state, local, ter- ritorial, and tribal governments to the United States, to become party ritorial, and tribal governments to provide courts with discretion to to and implement the United Na- enact statutes, rules, and regulations allow defendants to remain released tions Convention on International that: would require any person seek- pending sentencing following a Settlement Agreements Resulting ing to purchase a firearm to apply guilty plea or conviction so long as from Mediation (also known as the for a permit from designated law the court finds that the defendant Singapore Mediation Convention) enforcement or public safety agency; is not likely to flee or pose a danger (104A); that, at a minimum, the applicant to the safety of any other person or ▪▪ Urging the U.S. federal govern- apply in person, be fingerprinted, the community if released, such as ment and other national govern- and be subject to a background and by amending 18 U.S.C. § 3143 or ments, as well as multinational criminal records check; and prohibit similar statutes in other jurisdic- and international organizations to the sale, delivery or transfer of a fire- tions (110); amend existing laws or enact new arm to anyone who does not possess enforceable laws, policies, and pro- a valid permit (107B); Midyear Meeting (continued on page 28)

DSBA Bar Journal | March 2020 27 Midyear Meeting (continued from page 27) specifically provides funding to tribal to study how best to deliver value to governments and recognizes the in- ABA members. The thoughtful, result- ▪▪ Urging federal, state, local, ter- herent authority of American Indian ing recommendation, embraced by the ritorial, and tribal governments, and and Alaska Native governments to Board of Governors, included simplify- their respective agencies and depart- prosecute non-Indian perpetrators ing dues-paying categories and reducing ments, to protect real property inter- of crimes arising from gender-based dues effective 2020. est, including common law trespass violence, while ensuring that due pro- In particular, the new dues structure and privacy rights, with respect to cess rights are protected as set forth in has new admittees through fourth year any statute, ordinance, regulation, Section 234(c) of the Tribal Law and attorneys paying $75, fifth through administrative rule, order, or guid- Order Act, Public Law 111-211 (116); ninth year attorneys paying $150, tenth ance pertaining to the development ▪▪ Urging the federal government through fourteenth year attorneys pay- and usage of unmanned aircraft to maintain an asylum system that ing $250, fifteenth through nineteenth systems over private property (111); affords all persons seeking protection year attorneys paying $350, and twenty- ▪▪ Urging federal, state, local, ter- from persecution or torture access to plus year attorneys paying $450. At ritorial, and tribal governments to counsel, due process, and a full and the same time, government, solo, and enact legislation to remove voting fair adjudication that comports with small firm attorneys, as well as retirees, barriers to Native American and U.S. and international law (117); will pay $150. Paralegals will pay $75, Alaska Native voter registration and affiliated professionals will pay $150, ▪▪ Urging the United States Con- participation, and to establish mea- and international lawyer members will gress to protect the security and sures to ensure protections for Native pay $150. integrity of U.S. federal elections by American and Alaska Native voting enacting legislation that authorizes As I have urged before, if you cur- rights (112); and appropriates necessary funding rently are an ABA member, but are not ▪▪ Encouraging lawyers in all prac- for the National Institute of Stan- yet engaged in the work of sections, tice areas to use and promote tech- dards and Technology (118); and divisions, or forums (and their respec- tive committees and subcommittees), nology-based platforms that facilitate ▪▪ Urging federal, state, local, ter- please consider increased involvement. the efficient, timely, and targeted ritorial, and tribal governments to And, if you currently are not an ABA matching of survivors of human appropriate and allocate funds to member, please consider joining (or re- trafficking who have legal needs with identify and address mental health joining) as a complement to your DSBA lawyers who have the requisite spe- problems experienced by youth as a membership. I and other members of the cialization and availability to meet result of racism, poverty, and living in those needs pro bono (113); Delaware Delegation would be delighted high crime communities (119). to discuss with you all of the opportu- ▪▪ Urging federal, state, local, ter- For a detailed description of each nities that ABA membership presents. ritorial, and tribal governments to resolution (and of other resolutions con- Special thanks to Lauren DeLuca for her enact legislation that allows for an sidered by the House or withdrawn from willingness to serve as State Membership individual to use an address other consideration at the Midyear Meeting), Chair for Delaware, appointed by ABA than a physical residential address please see www.americanbar.org. President Judy Perry Martinez. for purposes of voter registration and urging the enactment of legislation As I have noted previously, the prac- It continues to be my privilege and and regulations that assign the voter tical effect of the House of Delegates pleasure to serve as State Delegate to the to the precinct in which the person adopting policy, as reflected in the above ABA House of Delegates. The House will can be found, whether that location resolutions, is that elected officers of the next meet August 3-4 during the 2020 is expressed by a traditional address Association, staff, and volunteer leaders ABA Annual Meeting in Chicago. If you or description (114); are then authorized to advocate those have any questions or comments at any policy positions — whether with legisla- time, please let me know at wjohnston ▪▪ Encouraging U.S. jurisdictions tors, courts, or others. This, importantly, @ycst.com or (302) 571-6679. to consider adoption of regulatory can translate into grassroots advocacy in innovation approaches to address the Washington (such as the annual ABA Day access to justice crisis in the United on Capitol Hill) and in state legislatures Bill Johnston is a partner with Young States (115); to urge, for example, increased funding Conaway Stargatt & Taylor, LLP. He is a ▪▪ Urging Congress to amend and of legal services for the poor. Past President of the Delaware State Bar reauthorize the Violence Against Association, serves in the ABA House of Membership Delegates as State Delegate from Dela- Women Act as reflected in H.R. ware, is a Former Chair of the ABA Busi- 1585 (as passed) and S. 2843 (as in- The ABA has pursued a renewed, ness Law Section, and is President of the troduced), or similar legislation, that broad-based effort over the last two years American Counsel Association.

28 DSBA Bar Journal | www.dsba.org DSBA Bar Journal | March 2020 29 BOOK REVIEW | REVIEW BY RICHARD A. FORSTEN, ESQUIRE

Powerful Reading

here are numerous books written every year which seek to analyze and explain the “great” Supreme Court decisions and introduce the general public to constitutional law and history more generally. Most such books tend to cover the same cases, the same ground, and make the same points, with very little new or original to say. Not so with Federal District Court Judge TTed Stewart, who makes some fresh choices and offers some unexpected insights and analysis in his book, Supreme Power: 7 Pivotal Supreme Court Decisions That Had a Major Impact on America. This book can be enjoyed not just by the general public, or those thinking of law school, but seasoned lawyers as well. To begin, Judge Stewart picks seven cases, but not necessarily the seven that might come to mind as the most important seven Supreme Court cases: ▪▪ Marbury v. Madison ▪▪ Plessy v. Ferguson ▪▪ Lochner v. The State of New York ▪▪ Wickard v. Filburn ▪▪ Everson v. Board of Education of Ewing Township ▪▪ Missouri v. Jenkins ▪▪ Obergefell v. Hodges Marbury is certainly understandable, as are Plessy and Lochner, but the Wickard Supreme Power: case, while important, rarely gets star treatment (although it should more often). 7 Pivotal Supreme Everson is an important religious freedom case, but Jenkins is rarely, if ever, discussed (and Stewart well justifies this pick). Obergefell is still so new that its long-term Court Decisions significance is somewhat open to debate. That Had a Major Marbury is, of course, well known to every lawyer, although Stewart tells its Impact on America story well; but with Plessy, the judge makes some interesting observations. Plessy, over Justice Harlan’s famous dissent, held that “separate but equal” was consti- By Ted Stewart tutional — and is often viewed as simply confirming southern practices after the Shadow Mountain, 2017 Civil War. But Stewart argues that prior to Plessy there was much more integration of the races than is generally thought, and that it was only after Plessy that Jim Crow laws and forced segregation in the old south really took off. As Stewart puts it, “a case that was intended to kill the practice of separate but equal in its infancy led to its transition into full adulthood overnight.” As part of his overall thesis regarding the power of the Supreme Court, Stewart shows how the Plessy decision hurt the country in its aftermath, and that the impact of Plessy is still felt some 120 years after it was decided. Lochner is a case that is generally viewed quite negatively, although there are some who believe the negativity overdone. On the one hand, the New York legislature found problems in the baking industry in New York City; but, on the other hand, the law could be a real problem for small, “mom and pop” bakeries during their

30 DSBA Bar Journal | www.dsba.org busy seasons. Stewart provides much case law absent a demonstrated govern- courts are not accountable to the public interesting background to the case and mental intent to segregate, which was in the way elected officials are, and are demonstrates that it is not quite as black not present in Kansas City. The U.S. even less nimble than governmental and white as it is taught. District Court judge, though, realigned departments and agencies in terms of Stewart also provides a lot of back- the parties so that the school district was being able to adjust plans and programs ground information one does not normal- a defendant and a coalition of parents in response to successes and failures. ly read regarding fifth-generation Ohio and students became the plaintiffs. He For Judge Stewart, Missouri v. Jenkins farmer Roscoe Filburn, who planted 23 then ordered the construction of luxuri- is a cautionary tale, although it remains acres of wheat (all for his family’s use) ous magnet schools and other programs, good law. when the Department of Agriculture had told him he could only plant 11.1 acres This book can be enjoyed not just by the general for such use. The government fined him $117.11, but Filburn challenged the fine public, or those thinking of law school, but and sued the Secretary for Agriculture, seasoned lawyers as well. Claude Wickard. The result was Wickard v. Filburn, and vastly expanded congres- sional reach under the Commerce Clause. all in an effort to attract whites from the Finally, the judge ends with the 2015 With his discussion of Everson, suburbs to schools in the KCSD under a decision in Obergefell, a case made pos- Judge Stewart questions how it is that a voluntary choice plan and achieve better sible by Marbury and, to a lesser extent, phrase from a letter written by Thomas racial balances in KCSD schools. The by Lochner. Delaware legalized same sex Jefferson years after the adoption of the number of bus routes increased from marriage in 2013, and so the ruling did First Amendment (“a wall of separation 100 to 850. Students from the suburbs not affect Delaware. Only history will between church and state”) was afforded were provided special buses (and some determine the extent to which Obergefell constitutional meaning when Jefferson were even provided “door to school” taxi will be regarded as a “great” case, but was not a part of the Congress that pro- service). The school district’s annual Judge Stewart includes the case in his posed the Bill of Rights and otherwise budget increased from $125 million in book as an example of the “supreme had no role in its adoption. 1985 to $432 million in 1992. To pay power” which the Supreme Court ul- for all the new costs, the judge ordered timately wields. The Judge does not Missouri v. Jenkins, though, is Stew- question whether the Court’s Obergefell art’s most interesting analysis. The case a wage tax on workers in the City and decision was correct; rather, the last itself, at least as a Supreme Court deci- doubled the property tax rate. In Mis- subtitle of his book is “what’s next?” and sion, is little known, but the underlying souri v. Jenkins, the Supreme Court, he observes: facts should give everyone pause. The with little comment or analysis, upheld case arose out of “white flight” from the the District Court’s orders regarding There is going to remain in our Kansas City, Missouri School District (or taxes. Thus, the Supreme Court af- nation a vast amount of diversity KCSD). In the 1960s, as whites moved firmed a judicial power to raise taxes among the American people. Surely out of Kansas City to the suburbs, a and take de facto control of a school our nation is great enough for that school district that had been majority district. diversity to survive in peace. white became overwhelmingly black. Unfortunately, none of the spend- But if one side or the other, or Moreover, remaining residents resisted ing or other measures instituted by the both, decide that the courts are the tax increases, the state provided little District Court had any meaningful preferred place to find a permanent help, and the schools suffered. During effect. The racial balance of students and total victory over the other, the the early 70s, the federal government in the KCSD schools remained largely future is bleak. investigated the district, found it to be unchanged. More importantly, student segregated, and ordered busing (but test scores did not change. In Judge I remain more optimistic than Judge only in the City itself, not between the Stewart’s view, none of this should be Stewart. His book, though, is well done, City and suburban school districts). The particularly surprising, as the Jenkins well written, and one of the better re- financially-strapped district complied, Court had no special background or views of major Supreme Court cases and and more whites left the district. Finally, experience in education, and courts doctrines. in 1977, the KCSD itself sued the State are, generally speaking, not equipped in federal district court seeking more to make policy decisions in education Richard “Shark” Forsten is a Partner with funding to try and meet the federal gov- or other areas (defense, housing, taxing, Saul Ewing Arnstein & Lehr LLP, where he ernment’s requirements. spending, environment, etc.) where there practices in the areas of commercial real estate, land use, business transactions, Busing between school districts was are numerous trade-offs and alternative and related litigation. He can be reached not permitted under Supreme Court policies and possibilities. Moreover, at [email protected].

DSBA Bar Journal | March 2020 31 THE JUDICIAL PALATE | BY SUSAN E. POPPITI, ESQUIRE EAT PRAY LOVE …AND COOK © istockphoto.com/© Suradech14 his year marks the tenth anniversary of the film Eat Pray Love based on Elizabeth Gilbert’s 2006 bestselling memoir. During Gilbert’s journey of self discovery, she learned of pleasure in Italy, devotion in India, and balance in the Indo- nesian island of Bali. Taking a journey through my home cookbook library, I rediscovered three recipes in the spirit Tof Gilbert’s quest. Whether you’re seeking pleasure, devotion, or balance, the kitchen is a good place to start. Wishing you a spring filled with discoveries, culinary and beyond.

EAT ~ ITALY PRAY ~ INDIA SPRING PEAS WITH WALNUTS AND MURGHI AUR MASOOR DAL FRESH RICOTTA (BOMBAY-STYLE CHICKEN WITH RED SPLIT LENTILS) Ingredients Ingredients • 2 pounds English peas, removed from • 9 oz red split lentils, picked over, • 2 1/4 teaspoons salt the pod washed, and drained • 2 tablespoons vegetable oil • 1 tablespoon sherry vinegar • 1 medium onion, peeled and • 1 teaspoon cumin seeds • 1 tablespoon walnut oil chopped • 2 - 4 cloves garlic, peeled and • 1/2 cup extra virgin olive oil • 1/2 - 1 fresh, hot green chili, finely chopped finely sliced • 1/2 cup chopped black walnuts • 1/4 - 3/4 teaspoon cayenne • Kosher salt and freshly ground black • 2 teaspoons ground cumin pepper pepper • 1/2 teaspoon ground turmeric • 2 tablespoons lemon juice • 1/2 cup best-quality imported sheep’s • 1 teaspoon peeled, very finely • 1/2 teaspoon sugar or cow’s milk ricotta cheese chopped ginger • 1/4 teaspoon garam masala • 6 1/3 cups water • Chopped cilantro for garnish Instructions • 3 lb chicken pieces, skinned Bring a large pot of salted water to a boil. Add the peas and blanch for 1 1/2 minutes. Instructions Transfer to ice water to stop the cooking. Combine the lentils, onion, green chili, ground cumin, turmeric, half of Once cool, use your fingers to slip the peas the chopped ginger, and the water in a big, heavy pot. Bring to a sim- from their skins. You should have about 2 mer, cover, leaving the lid very slightly ajar, and cook on low heat for 45 cups of shelled peas. minutes. Add the chicken pieces and the salt. Mix and bring to a boil. Cover, turn heat to low, and simmer gently for 25 to 30 minutes or until In a bowl, whisk together the vinegar, walnut the chicken is tender. oil, and olive oil. Stir in the peas and walnuts, and season with salt and pepper. Put the oil in a small frying pan and set over medium heat. When hot, put in the cumin seeds. As soon as the seeds begin to sizzle — this just Divide the ricotta evenly among plates, takes a few seconds — put in the remaining 1/2 teaspoon chopped placing a dollop in the center of each plate. ginger and the garlic. Fry until the garlic turns slightly brown. Now put Make a well in the center of each dollop of in the cayenne. Lift up the frying pan immediately and pour its entire ricotta, and spoon some of the pea mixture contents - oil and spices - into the pot with the chicken and lentils. Also into the wells. Spoon the remaining pea add the lemon juice, sugar, and garam masala. Stir to mix and cook on mixture around the ricotta. medium-low heat for 5 minutes.

Serve with warm bruschetta. Sprinkle the cilantro over the top, if you wish, just before you serve. From: Il Viaggio di Vetri: A Culinary Journey, Marc Vetri From: Madhur Jaffrey: Indian Cooking, Madjur Jaffrey, 2002. with David Joachim, 2008.

32 DSBA Bar Journal | www.dsba.org LOVE ~ BALI BUBUH INJIN (BLACK RICE PUDDING) Ingredients • 1 cup black glutinous rice • 1/2 cup palm sugar syrup • 3/4 cup white glutinous rice • Pinch of salt Looking for • 3 pandan leaves • 1 1/2 cups freshly squeezed thick legal help? • 5 cups water coconut milk Instructions A legal aid agency To make the palm sugar syrup, combine 2 cups of chopped palm sugar (substi- may be able to help! tute with soft brown sugar) with 1 cup of water and 2 pandan leaves. Bring to boil, simmer 10 minutes, strain and store in refrigerator. Rinse both types of rice BANKRUPTCY thoroughly for 2 minutes under running water. Drain. Put 5 cups of water, both DISABILITY LAW types of rice and 1 pandan leaf into a heavy pan. Simmer over medium heat for approximately 40 minutes. DOMESTIC VIOLENCE

Add palm sugar syrup and continue to cook until most of the liquid has evapo- FAMILY LAW ISSUES rated. Season with a pinch of salt. Remove from heat, allow to cool. Serve at room HOUSING temperature with freshly squeezed coconut milk. IMMIGRATION Hint: As fresh coconut milk turns rancid fairly quickly, a pinch of salt is usually added to the milk to help preserve it for a few hours. ISSUES WITH AGING

From: The Food of Bali: Authentic Recipes from the Island of the Gods, Heinz von Holzen & Lother PUBLIC BENEFITS Arsana, 1999.

DELegalHelpLink.org Susan E. Poppiti is a mathematics teacher at Wilmington Friends Upper School and provides cooking instruction through La Cucina di Poppiti, LLC. Susan can be reached at [email protected].

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DSBA Bar Journal | March 2020 33 2019 COMBINED CAMPAIGN FOR JUSTICE Contributions Received through January 27, 2020 Thank you to the many contributors and volunteers who gave generously to the 2019 campaign to help ensure access to civil legal aid for the most vulnerable of Delaware’s population. CCJ benefits Community Legal Aid Society, Inc. (CLASI), Delaware Volunteer Legal Services, Inc. (DVLS) and Legal Services Corporation of Delaware, Inc. (LSCD). Total Contributions: $1,500,000

JUDGES The Honorable William L. Witham, Jr. CHAMPION – $2,500 - $4,999 Gunnip & Company, LLP Paul A. Fioravanti, Jr. The Honorable Richard G. Andrews The Honorable Morgan Zurn Corporations / Law Firms LexisNexis C. Barr Flinn The Honorable Rosemary B. Bailey & Glasser LLP McCann & Wall Thomas Foley Beauregard TRAILBLAZER – $50,000 + Cole Schotz P.C. McDermott Will & Emery Frederick S. Freibott The Honorable Sheila G. Blakely Grant & Eisenhofer P.A. Delaware State Bar Association Monzack Mersky McLaughlin and Danielle B. Gibbs The Honorable Andre G. Bouchard Browder, P.A. Laffey McHugh Foundation DLA Piper LLP Neil & Jean Glassman Moore & Rutt, P.A. The Honorable Christopher Burke Morris Nichols Arsht & Tunnell LLP First State Chapter of the Jeffrey S. Goddess Association of Legal Adminstrators Murphy & Landon The Honorable Jeffrey J. Clark Potter Anderson & Corroon LLP Stuart M. Grant Fox Rothschild LLP Nuclear Electric Insurance Limited The Honorable Kenneth S. Clark, Jr. Richards Layton & Finger, P.A. Ryan Greecher The Honorable Richard D. Comly, Jr. Highmark Blue Cross Blue Shield Parcels, Inc. Skadden Arps Slate Meagher & Delaware I. Barry Guerke The Honorable Jay H. Conner Flom, LLP Polsinelli PC Landis Rath & Cobb LLP Michael Hanrahan State of Delaware Pratcher Krayer LLC The Honorable Richard Cooch Maron Marvel Bradley Anderson & Mathew Harvey Ramunno & Ramunno, P.A. The Honorable Robert B. Coonin Young Conaway Stargatt & Tardy LLC Taylor, LLP William Haubert Reed Smith LLP Robinson + Cole The Honorable Barbara D. Crowell Louis G. Hering Tybout, Redfearn & Pell Shelsby & Leoni, P.A. The Honorable Eric M. Davis The Honorable Randy J. Holland PILLAR – $20,000 - $49,999 Sussex County Bar Association, Inc. The Honorable Emily A. Farley White and Williams LLP Delaware State Bar Insurance Tactix Real Estate Advisors Michael Houghton The Honorable Sam Glasscock Services Womble Bond Dickinson LLP The Levinson Firm, LLC S. Mark Hurd The Honorable Patricia W. Griffin Morris James LLP WSFS Bank The Yeager Law Firm The Honorable Jack B. Jacobs The Honorable M. DeSales Haley Pachulski Stang Ziehl & Jones LLP Veritext Legal Solutions UBS, Ginger Ward Jonathan Jaffe The Honorable James Hanby Individuals Robert Katzenstein In Honor of Paulette Sullivan Moore PACESETTER – $10,000 - $19,999 Unitarian Fellowship of Newark Derek C. Abbott Carmella Keener The Honorable Natalie J. Haskins Corporations / Law Firms USI Insurance Services Frederick H. Alexander Bernard & Susan Kelley Astra Zeneca Widener University Delaware Law The Honorable Julie Heaney Jennifer Gimler & Robert S. Brady School Greenberg Traurig, LLP Robert J. Krapf The Honorable Alicia B. Howard Thomas & Margaret Briggs W.L. Gore & Associates, Inc. Kessler Topaz Meltzer & Check, LLP Carl N. & Carolee B. Kunz The Honorable Kent Jordan David B. Brown Weik Nitsche & Dougherty McCarter & English, LLP Gregory W. Ladner The Honorable Jan R. Jurden P. Clarkson, Jr. & Donna Collins Weil, Gotshal and Manges LLP Morgan Lewis & Bockius LLP Gayle P. Lafferty The Honorable Felice Glennon Kerr John G. Day In Honor of Douglas Canfield Pepper Hamilton LLP Individuals The Honorable James Maxwell Mark L. Desgrosseilliers Allison L. Land In Memory of Don Taylor Prickett Jones & Elliott, P.A. Corinne Amato Joel E. Friedlander & Julie Ann Rosario Antonacci Lewis H. Lazarus The Honorable Katharine Mayer Wilks, Lukoff & Bracegirdle LLC Sandler Bradley Aronstam James G. Leyden, Jr. The Honorable Mary McDonough Individuals Ellen & Richard Hannum In Memory of Chris White J. Clayton Athey Ian Liston Karen Ann Jacobs & Jack B. Bruce Jameson The Honorable James G. McGiffin, Jr. Blumenfeld Monica Ayres George Andrew Massih, III Stephen & Joyce Lamb The Honorable Vivian L. Medinilla William M. & Melissa Lafferty Jeffery Band Caitlin McAndrews In Memory of Christine McDermott Robert & Julie Saunders Elisa & Brian Maas Michael A. Barlow David C. McBride The Honorable Tamika David E. Wilks Eric A. Mazie Thomas A. Beck Kathleen F. & Thomas V. Montgomery-Reeves Gregory P. Williams Kathleen F. & Thomas V. Mc- McDonough Donough Matt & Vera Belger The Honorable Mary Susan Much Charles & Mary McDowell BENEFACTOR – $5,000 - $9,999 Michael R. Nestor Arthur Bookout The Honorable Michael Newell Ryan McLeod Corporations / Law Firms Joshua Novak Adrian Broderick The Honorable Janell Schoenbeck Melissa & Edward Micheletti Ostroski Ballard Spahr LLP Thomas R. Pulsifer Douglas B. Canfield & Mary Ann Norman M. Monhait The Honorable Lynne M. Parker & Barnes & Thornburg LLP Kevin R. Shannon Matuszewski Charles M. Oberly, III, Esquire Garrett Moritz Bayard P. A . Chad S.C. Stover & Jennifer David W. Carickhoff The Honorable Noel E. Primos Connolly Gallagher LLP Wasson Alberto Chávez Bobbi Mortimer The Honorable Jennifer B. Ranji Fish & Richardson, P.C. David & Susan Stratton Anthony W. Clark Regina M. Mullen The Honorable Andrea L. Rocanelli McConnell Johnson Real Estate Christine H. & William H. Sudell, Jr. Joanna J. Cline & Larry Shiekman Francis J. Murphy, Jr. & Thomas D. Veale Company LLC Jason Tyler Samuel Closic Kenneth J. Nachbar The Honorable Paula T. Ryan PNC Foundation Katherine Neikirk LEADER – $1,000 - $2,499 Mark Collins The Honorable Collins J. Seitz, Jr. The M&T Charitable Foundation John H. Newcomer, Jr. & Gail Seitz Corporations / Law Firms Joan Connolly Wilson Sonsini Goodrich and Elena C. Norman The Honorable Laurie Selber Rosati Benesch Friendlander Coplan & Katy & Arthur G. Connolly III Silverstein Aronoff LLP Matthew & Jennifer Criscimagna Stephanie Norman Individuals Bifferato Gentilotti LLC Stephen C. Norman The Honorable Joseph Slights A. Thompson Bayliss Doneene Damon Chipman Brown Cicero & Cole, LLP Alyssa & Tyler O’Connell The Honorable Walter K. Stapleton Richard & Kimberly Facciolo Steven Daniels Christiana Care Health System Matthew J. O’Toole The Honorable Diane Clarke Streett David A. Jenkins Kevin Davenport Corporation Trust Company The Honorable Donald F. The Honorable Leo E. Strine, Jr. & Andrew M. Johnston Thomas Davey Carrie Strine Parsons, Jr. Dalton & Associates, P.A. Daniel DeFranceschi In Memory of The Honorable John Lisa & Martin Lessner James & Kathleen Patton A. Parkins, Jr. Delaware Community Foundation Steven R. Director Paul Lockwood & Elise Anderson Paula & Norman L. Pernick The Honorable Gary F. Traynor Diamond State Financial Group John DiTomo Elizabeth M. McGeever J. Weston Peterson Discover Bank The Honorable Karen Valihura Kathryn & Robert B. Pincus Melissa DiVincenzo DLS Discovery Michael A. Pittenger The Honorable Louann Vari R. Judson Scaggs, Jr. David A. Drexler Fuqua, Willard, Stevens & Jeffrey & Pamela Politis The Honorable James T. Vaughn, Jr. Rodger & Vikki Smith Janice & Charles J. Durante Sc hab, P. A . Marion Maxwell Quirk & The Honorable Paul R. Wallace Christine H. & William H. Sudell, Jr. Gordon Fournaris & Patricia L. Enerio Jeffrey Wolken The Honorable John K. Welch Neilli and Peter J. Walsh, Jr. Mammarella, P.A. Margaret Fleming England Srinivas & Seetha M. Raju

34 DSBA Bar Journal | www.dsba.org Marcos Ramos Don C. Brown & Lynne Howard Alyssa Frank Timothy E. Lengkeek Jacqueline Rogers L. Vincent Ramunno Charles J. Brown, III Robert G. Gibbs James Levine Blake Rohrbacher Donald Reid Susan Brynteson Andrew & Lois Golian Jaclyn Levy Kenneth M. Roseman Michael Rhodes Travis Buchanan Andrew Gonser Jason M. Liberi Lauren Rosenello Patricia Smink Rogowski Joan-Alice Burn L. Katherine Good Gary C. Linarducci, Esquire Lauren Russell Joan & Joseph A. Rosenthal Emily V. Burton Nancy Gorman Claire Love Rebecca Salko David & Deborah Ross Nicholas J. Caggiano, Jr. John Gorman Paul M. Lukoff Yvonne Takvorian Saville In Memory of Linda Ross John S. Campbell Jeffrey Gorris Thomas G. Macauley Jordan Sazant Jeremy W. Ryan Valerie Caras M. Duncan Grant Matthew Majarian William Schab Thomas L. Sager Wayne J. Carey John M. Fisher Gray Michael J. Malkiewicz Lisa Schmidt Patricia Bartley Schwartz Megan Ward Cascio Sean T. Greecher Constantine F. Malmberg, III Richard Schmidt John Seiberlich The Honorable William L. Andrea G. Green Kaitlin Maloney Joseph C. Schoell W. Donald Sparks, II Chapman, Jr. James S. Green, Sr. Kevin Mangan In Memory of Leonard L. Williams Adam Schulman Lisa R. Stark Megan & Matt Greenberg Michael Manuel Jimmy Chong David Seal The Honorable Myron T. Steele Donald E. Gregory Albert Manwaring M. Blake Cleary John Seaman Nathaniel Stuhlmiller James D. Griffin Jack Markell Kevin M. Coen Fred Sears Elizabeth Taylor James Griffin-Stanco Cynthia & Joshua W. Martin III Eric Selden In Honor of Mary Lou Taylor Chelsea & Kevin G. Collins Carolee M. Grillo Daniel Matthews Dana Severance Patricia O. Vella Frederick L. Cottrell, III Wilson Gualpa Brett McCartney Brent Shaffer Susan Wood Waesco Charles S. Crompton, Jr. Kurt F. Gwynne John S. McDaniel, III Melanie Sharp Rodman Ward, Jr. Laurence Cronin R. Eric Hacker Maureen McDevitt Bonnie H. Sheer Scott E. Waxman Curtis J. Crowther In Honor of Kelly Head Trisha Hall Thomas Shellenberger Jeffrey Wolters Brock Elliot & Jill Czeschin Marcy McLaughlin Susan Hannigan In Memory of Arthur G. Connolly, Jr. The Honorable Robert B. Young Matthew Davis Dean McKinley Measley Stephanie L. Hansen Zi-Xiang Shen John Day Jessica Zeldin & Johnston Evelyn Meltzer & Howard Cohen Mary E. Sherlock de Forest Whitman, Jr. David Harris Catherine Dearlove Tammy L. Mercer Edwin J. Harron Russell Silberglied John P. Deckers Sharon Merriman-Nai ADVOCATE – $250 - $999 Tarik J. Haskins Henry H. Silliman, III Anthony Delcollo In Honor of Laura H. Phillips Corporations / Law Firms J. Zachary Haupt Daniel M. Silver William R. Denny Allison Mielke Balick & Balick, LLC Kelly Head Alan Silverstein Donald Detweiler Pamela Millard Bellew LLC Paul Heath Jeffrey Simpson Linda Dillow Kathleen Miller Casarino, Christman, Shalk, Laina M. Herbert Chelsea Sizemore Eugene A. DiPrinzio Bruce M. Monroe Ransom & Doss, P.A. Drew & Elizabeth Sloan Douglas Herrmann Eric Monzo Ferry Joseph, P.A. Nicole A. DiSalvo James Higgins Holly Smith & Gregory Skolnik Jill DiSciullo David Ellis Moore Kimmel, Carter, Roman, Peltz & Stacey Smith O’Neill, P.A. In Memory of A. David Spevack Robert Hirst Pauline K. Morgan Eliza Hirst Bayard J. Snyder Law Offices of Shauna T. Brian F. Dolan Richard H. Morse Timothy J. Snyder Hagan, LLC Rex A. Donnelly, IV Samuel Taylor Hirzel, II Thomas A. Mullen A. Gilchrist Sparks III Paul Weiss Rifkind Wharton & Keith Donovan Joanne L. Horn Lakshmi A. Muthu Garrison, LLP Stephen A. Spence David Dorey Timothy Jay Houseal Michael S. Neiburg Reger Rizzo & Darnall LLP Nick and Leslie Spoltore Eric M. Doroshow Roxanne Lee Houtman Ryan Patrick Newell Weber Gallagher Simpson Stapleton J. Kate Stickles Fires & Newby, LLP Julie Dubreuil Antoinette Hubbard The Honorable John W. Noble Timothy & Amy Dudderar Rudolf E. Hutz Ryan Stottmann Individuals Marla Norton Michael Duggan Jerry A. Hyman Tom & Karleen Strayer Anonymous Michael Owen Deborah K. Duskey, Esquire Kenneth Jackman Peggy and Leo Strine, Sr. Richard L. Abbott Karen Owens The Eckman Family Fund Henry J. Jaffe Kara M. Swasey Peggy L. Ableman Alan & Susan Paikin Stephen P. Ellis Clay T. Jester David S. Swayze Richard D. Abrams Christina Pappoulis Brian Ellis Daniel Paul Johnson Scott Swenson Faiz Ahmad & Sarah E. Pierce Jenness Elizabeth Parker Jane W. Evans Ericka Johnson S. Christopher Szczerban Debra C. Aldrich Karen L. Pascale Kelly Farnan Caleb Johnson David Teklits Paul & Fran Altman John J. Paschetto In Memory of The Honorable John R. Brandon Jones Mary Thomas In Memory of The Honorable John A. Parkins, Jr. Alex Patrick A. Parkins, Jr. Francis Jones Bruce W. Tigani Veronica O. Faust Nicole Pedi John C. Andrade Rupal Joshi Barbara & Leonard S. Togman David A. Felice Jennifer Penberthy Buckley Meredith & Berton W. Ashman, Jr. Jason Jowers Sara T. Toner Steven Fineman Benjamin M. Potts Daniel Atkins Jonathan Justice Lilianna Townsend Matthew Fischer Elizabeth Powers Marc Atkins In Honor of Leona & Cynthia D. Kaiser Glen Trudel Michael Atkins Angie Flaherty David Powlen Kathi A. Karsnitz Carl Tullson Daniel Atlas Wendy Flanagan Somers S. Price, Jr. Susan E. Kaufman Walter C. Tuthill Daniel Attaway Todd Flubacher Mark Purpura In Honor of the Great Work of Deanna H. & Michael P. Kelly Jill Augustine Richard Forsten Brian C. Ralston CLASI, DVLS, and LSCD Allurie Kephart Steven J. Balick Anne Churchill Foster Laura Readinger Patricia Urban Larry Kimmel The Honorable Helen S. Balick & Christopher Foulds Mark L. Reardon Mary Valeski The Honorable Bernard Balick In Memory of Brian Lenhard Jennifer M. Kinkus Janet E. Reed Mark Vavala Nathan Barnett David Fournier Theodore Kittila Michael Reilly The Honorable E. Norman & Susan Veasey Christopher F. Baum Anthony M. Frabizzio Daniel L. Klein Jill & Andrew Remming Matthew Ward Sean M. Beach Nicholas Froio Elisa Klein Judith N. Renzulli & Curtis Reitz Laura Waterland Olga & Don Beskrone Jeremy Gagas Eric Klinger-Wilensky Joseph J. Rhoades Katherine Harrison Betterly Kevin M. Gallagher Gretchen S. Knight Robert A. Weber Kevin Rickert In Honor of Justice, Compassion, Rolin P. Bissell Patrick Gallagher Rudolf Koch The Honorable Henry duPont and Respect Amaryah Bocchino James Gallagher Basil S. Krikelis Ridgely Gregory & Elizabeth Weinig In Memory of The Honorable John In Memory of The Honorable John A. Parkins, Jr. Henry E. Gallagher, Jr. John C. Kuffel A. Parkins, Jr. Michael Weiss Mary C. Boudart Cliff C. Gardner Jessica Kunz Jason Rigby Edward P. Welch Curtis Bounds Ms. Susan Pittart Gardner Mark Kurtz Stephanie Riley David A. White Jeffrey B. Bove Catherine Gaul Joseph Larkin William Rimmer John Whitelaw Paul Bradley Lindsay & Frances Gauthier Michael R. Lastowski David Ripsom Patricia A. Widdoss William Brady Anne Shea Gaza Tyler Leavengood The Honorable Sue L. Robinson Barry M. Willoughby Stephen B. Brauerman Mark J. Gentile Thomas Paul Leff Nicholas H. Rodriguez J. Dallas Winslow, Jr.

DSBA Bar Journal | March 2020 35 Jeffrey Wisler Vincent Cannizzaro Shannon Frazier Shaun Kelly Jesse Miller In Honor of Josh Novak, Esq. Josiah Wolcott Crystal L. Carey Nakeesha Freeman Shaivlini Khemka Evan Miller Natalie S. Wolf Albert Carroll Brigitte V. Fresco Eleanor M. Kiesel David Miller-Myers Melvyn A. Woloshin Edward B. Carter, Jr. Eric Funk Rosemary K. Killian Donna Miranda Aleph Woolfolk Tiphanie Cascella Brian and Lois Galinat Andrew Kinsey Michael Mitchell William A. Yemc Jacquelyn A. Chacona & Roy A. William Gamgort Donald Kinsley Hilferty Frederick H. Mitsdarfer, III Paul Saindon and Jennifer Ying Mary Gardner Robert Kissel Jaime Chapman William E. Molchen, II James Yoch Kyle Gay John Klusman Paige Chapman Monica Molitor John Mark Zeberkiewicz Ronald S. Gellert Charles S. Knothe Christopher Chuff John Wyatt Morgan Diane Zilka Lisa Gilmer Ryan Konstanzer Lauren A. Cirrinicione Keri Morris-Johnston Lawrence I. Zutz Joel Glazer Andrew Koopman Cameron Clark Jacob Morton Adam Gold Alexander Krischik FRIEND – $1 - $249 Diane M. Coffey Edmon L. Morton Susan Goldberg & Jon Krinick Daniel M. Kristol Corporations / Law Firms Anne Colligan Katharine Mowery In Honor of Theresa Rocanelli Michael D. Goldman Howard G. Kristol Ciconte, Scerba & Kerrick, LLC Nicholas Mozal Thomas P. & Cynthia Collins Deborah I. Gottschalk Jennifer Kye Henry J. Kaiser Family Nicole Mozee Veronica Congo Laura Graham Peter Benson Ladig Foundation Alessandra Mungioli Anne Connolly Sarah Steigler Graham Angela Lam Steen Waehler & Schrider-Fox, LLC Glenn E. Murphy Kevin J. Connors Eugene L. Grimm Christopher J. Lamb The Vanguard Group, Inc. MaryBeth Musumeci Matthew Conrad Kevin A. Guerke Roger D. Landon Individuals Anne L. Naczi Augusto Cordova Victoria Guilfoyle Jennifer Lano Emery Abdel-Latif Michael Neminski Kelly Costello James J. Haley Karen Lantz & Christian Wright Andrew Aerenson Joseph B. Neutzling Victoria W. Counihan Patricia Elaine Hall Emily Laursen Justin Alberto Holly Newell Scott Cousins Genevieve Halpenny Marina Leary Gary W. Alderson Maria Paris Newill Kara Hammond Coyle Lawrence A. & Marion The Honorable William Swain Lee Bill Alleman Hamermesh Trevor Nielsen Tyler Cragg Steven Lee Susan D. Ament James Hamilton & Joy Slabaugh Jesse Noa Kristen Healey Cramer George Thomas Lees, III Nader Amer James J. Hanley Denise D. Nordheimer Mark Cramer Hayley Lenahan Phillip Amoa Jeanne & Brian Hanson Danielle Nowaczyk Paul E. Crawford Kinsey Lenehan Robert B. Anderson Michael J. Hare Mae Oberste Lucinda Cole Cucuzzella Katelyn Lentz Melony Anderson Ryan Hart Stephanie O’Byrne Michael Dalton Jayce Lesniewski William Anderson Jessica Hartwell Megan O’Connor In Memory of The Honorable John Bonnie David Emily Letcher & Robert Abramo A. Parkins, Jr. Laura Hauck Mark D. Olson Onofrio de Gennaro Linda Levinson Sarah Andrade Robert Havis Andrew O’Neill Gilbert Dean, II Neal J. Levitsky Dr. Jennifer & Robert Armstrong Kevin Healy Kuhu Parasrampuria Ralph Degli Obizzi, Jr. Ryan Lindsay Sandy & Sherry Armstrong Michael Hendee Jonathan Parshall Cynthia DePue Kenneth Listwak Peter Artese Nicole Henry Shivani Patel Gail Dias Michael J. Logullo William Baker Thomas Herlihy, III Hillary Patterson Laura Dietrich Heather Long Adam Hiller Michael A. Pedicone Ian Bambrick Richard A. DiLiberto, Jr. In Memory of Morton R. Kimmel Beth Hilyard William Peltz Marissa Band Timothy Dillon Paul Loughman Neil Himelein & Sue Weimer Sherry Perna Justin Barrett Allyson DiRocco Matthew B. Lunn Matthew Perri Joy Ann Barrist Gregory T. Donilon Glenn & Jean Hitchens Connor Lynch Johanna Peuscher-Funk Joseph M. Barry Jennifer Donnelly Tara Hoffner Matthew J. Lynch, Jr. Veronica & Taylor Bartholomew In Memory of Morton Richard Sharyn Hollingsworth Marc Phillips Kimmel, Esquire Catherine Lyons Ryan Bartley Suzanne & Timothy Holly Gilberte Pierre W. Harding Drane, Jr. Garrett Lyons Julian H. Baumann, Jr. Scott Andrew Holt Dmitry Pilipis Larry Drexler Ryan Maerz Richard P. Beck Emily Houde Adam W. Poff James Edward Drnec Andrew Magaziner Steven Becton Janine N. Howard-O’Rangers Sara Pollock Andrew S. Dupre Megan Mahle & Jason Cincilla Andrew Berni, Jr. Kelley Huff Karen Poppel Benjamin Durstein Susan Mammele James Betts James P. Hughes, Jr. Richard J.A. Popper Neith Ecker In Memory of Jerry Grossman Joshua Manning Marcie Bierlein Robert F. Poppiti, Jr. Philip T. Edwards Shannon Humiston Megan Mantzavinos Karen Bifferato Cynthia H. Pruitt John Ellis David & Lorin Hurst Sarah Martin Nicholas Bittner Mark Radel Sarah Ennis Edmond M. Ianni Wayne A. Marvel Tara Blakely Caneel Radinson-Blasucci Janet Mastronardi Kenneth J. Enos Daniyal Iqbal Gabriel Ragsdale Christopher Blaszkowski Sharon M. Eppes Callan Jackson Richard H. May Stefanie Ramirez Rachel Bleshman A. Cathryn Evans Ashley Jacobs Bruce W. McCullough Gregory Ranzini Fran Boccuti Nicole M. Evans Karen Jacobs Brett McDowell Frances Ratner Elizabeth Booth In Memory of Dolores Oprocha Alexander Faris Patricia McGee Mary Reale Susan D. Borden Barbara M. James Erin Fay Brian McGlinchey Thomas J. Reed Dorronda Bordley Tonya Jenkins In Memory of Curtis I. Bordley Scott & Cynthia Feathers John McGlynn Lucinda Reeder In Memory of The Honorable John Nicolas Jenner Megan McGovern Mary Bourke A. Parkins, Jr. In Memory of James R. Soles Hayley Reese Tom Braksator Jacob Fedechko Elayne McKenna Kevin Regan Scott Jones In Memory of Theresa Rocanelli Karen S. Brehm Cameron Fee Jeffrey Regester Michael Joseph Kimberly McKinnon Sherry Brilliant Betsy Feldman Seth Reidenberg Alexandra Joyce James G. McMillan, III Daniel Brogan Stephen Ferguson Shane Reil Eric Juray Edward M. McNally Marilyn H. Bromels Elizabeth Ferguson Maris Kandestin Christopher Renaud In Memory of Mark J. Gundersen Jon & Susan McPheeters Anna Brousell Cynthia Kane Richard L. Renck Damon Ferrara Michael F. McTaggart Emily Bryant-Álvarez Daniel Kaprow Andrew Rennick GianClaudio Finizio Michael Merchant Kate Rogio Buck Meghann Karasic Vincent Rice Gregory Flasser Roxanne Merrill Eastes Clayton E. Bunting Ross Karsnitz Garrett & Lauren Rice David & Kathleen Fleming Joshua Meyeroff Barbara Burr Brian Kasprzak Shawna Riley In Memory of Theresa Rocanelli Colten Fleu Andrew Milam Stephen Ritchie Dennis Butler Israel J. Floyd Ryan Keating Matthew Milana Linda Rizzo Ashley Callaway Ryan Ford Bernard and Susan Kelley Dylan Miller In Memory of The Honorable John In Memory of Theresa Rocanelli Anthony Calvano Stephanie Fox A. Parkins, Jr. Kathleen M. Miller The Honorable Battle R. Robinson

36 DSBA Bar Journal | www.dsba.org Patrick and Christina Rock Erika Tross Hudson, Jones, Jaywork & Fisher Shaina Rogozen Francis J. Trzuskowski Jeffrey Young Thomas J. Roman Jameson & Meredith Tweedie John R. Garey, P.A. Alyssa Ronan Jessica Tyler Law Office of Vivian Houghton Stefania Rosca E. Alan Uebler Linda Lawton DPM Elizabeth Rowe Mark-Vincent Umandap Lindarducci Law R. Jason Russell James Vadakin Manning Gross & Massenburg LLP John Saathoff Juliana van Hoeven Marshall Dennehey Warner Coleman & Goggin, P.C. Jeffrey Safran Nicholas Verna Monohan Investigations Zachary Sager Frank & Debra Vito Morris James LLP Abigail Samuels Jennifer C. Voss Morris Nichols Arsht & Tunnell LLP Shounak Sarkar Robert Vrana Multicultural Judges & Lawyers of Rebecca L. Scalio William J. Walls, Jr. the Delaware State Bar Association John Schanne Douglas T. Walsh Offit Kurman, Attorneys At Law Brendan Schlauch Steven Walsh On-Point Partners, LLC Joan Schneikart Allison Walters OperaDelaware Regina Schoenberg Robert Ward Pachulski Stang Ziehl & Jones LLP In Memory of Morton Richard Kimmel & Dr. Allen Auerbach Jeffrey R. Waxman Parkowski, Guerke & Swayze, P.A. Judith A. Schuenemeyer Charles Welch Patricia Waldorf Eric Schwartzman Lucas Whited Payroll Services of Delaware, Inc. Michael R. Seidl Andrea Wilhelme Peter & Joanne Harrigan Katherine Sell Scott Willey Potter Anderson & Corroon LLP John David Seraydarian Andrew Wilson Prime Clerk LLC James Sharp Lynn Wilson Radiance Dance Studio Marty Kromer & Bill Shea Samantha Wilson Reed Smith LLP In Memory of The Honorable John Cara Wilson Reger Rizzo & Darnall LLP A. Parkins, Jr. Richard Wilson Resident Ensemble Players Julie Sheppard In Memory of Theresa Rocanelli Makenzie Windfelder Richards Layton & Finger PA John R. Sheridan Bradford Winton Right At Home, LLC Ralph N. Sianni Alexis Wiseley Robert Pasquale Dennis J. Siebold Mackenzie Wrobel Schmittinger & Rodriguez, P.A. In Memory of Theresa Rocanelli Anthony Sierzega Senator Anthony Delcollo Alan S. & Johanna D. Yoffie Laura Simon SFS Wealth Management Sharon M. Zieg Adam Singer Shore Watch Construction In Memory of Stephen Horgan Services LLC Thank you to the sponsors of SM Financial Services Corporation Christopher J. Sipe the 2019 Profundo Bono Renee Sipple production: The Tennessee State Farm - Bennett Insurance Agency Inc. S. Michael Sirkin Waltz! Supreme Court of Delaware STAY ON TOP Abrams & Bayliss LLP Bradley Skelcher The Brady Law Firm In Memory of Lawrence Auction Advisors St. Claire Taylor The Grey Fox Band Avenue Law of your CLE Credits Kathleen Duffy Smith The Johnston Family Basye Santiago Reporting ` Melanie George Smith The Law Offices of Liguori & Morris Bayhealth Marcus Smith The Williams Law Firm, P.A. with DSBA! In Honor of Wali Rushdan Benesch Friedlander Coplan & Aronoff LLP Veritext Legal Solutions Monica Sortino Benton Lynn Law, P.A. Walker Square Dental Associates Daniella Spitelli Bifferato Gentilotti LLC Weber Gallagher Simpson Marc Sposato Stapleton Fires & Newby LLP Boothe Investment Group Nancy L. Stanford Weiss, Saville, & Houser PA Brad Foy, CFP John Stant White & Williams LLP Coastal Concerts Anne Steadman Young & McNelis Conaway Legal LLC Stanford L. Stevenson, III Young Conaway Stargatt & Connolly Gallagher LLP Taylor, LLP A complete list of Jay Stirling Cross & Simon LLC Zarwin Baum DeVito Kaplan Jason Stoehr Curley Dodge & Funk LLC Schaer Toddy P.C. DSBA CLE seminars Ronald L. Stoner David Bever Jonathan G. Strauss A special thank you to the cast is available on Delaware Court of Chancery and crew! Roger Stronach Delaware ShoutOut our website at Aaron Stulman Delaware State University Michele Subers Delaware Superior Court www.dsba.org. Beth Swadley Diamond State Coins & Currency Peter M. Sweeney DLS Discovery Cindy Szabo Doroshow, Pasquale, Krawitz & Robert & Judith Taggart Bhaya Paul V. Tatlow Dover Behavioral Health System Amy Taylor Elle Van Dahlgren Law LLC Michael L. Temin Elzufon Austin & Mondell Richard Thomas Faegre Drinker Biddle & Reath LLP Seth Thompson Fields PLLC Janice R. Tigani First Indemnity Insurance Group Delaware State Bar Association Genevieve & Michael Tighe Five Star Painting of Wilmington 405 N. King Street, Suite 100 Gilbert LLP Tracey Timlin Wilmington, DE 19801 Michael Torrice Global Title, Inc. Bryan Townsend Griffin Theater (302) 658-5279 John E. Tracey Harvey Hanna & Associates, Inc. Hiller Law LLC

DSBA Bar Journal | March 2020 37 BULLETIN BOARD

LITIGATION ASSOCIATE – WILM- ALLEN & ASSOCIATES, LLC, POSITIONS AVAILABLE INGTON: The Morris James LLP Cor- seeks an associate for labor and em- porate/Commercial Litigation Group ployment practice in Wilmington. THE WILLIFORD FIRM LLC seeks an associate attorney to join its Competitive salary and benefits of- seeks entry- to mid-level associate for corporate and commercial litigation fered. Prior admission to the Delaware business litigation practice in Wilm- practice. The ideal candidate would Bar is a plus. Information on our firm ington. Send cover letter and resume to have two to four years of demonstrated can be found at: www.AllenLaborLaw. [email protected]. experience and aptitude for Delaware com. Please submit resume to Ashley@ Court of Chancery corporate practice FRIEDLANDER & GORRIS is AllenLaborLaw.com. and be licensed in the State of Dela- seeking a junior to mid-level litiga- ware. However, associates with differ- DELAWARE VOLUNTEER LEGAL tion associate. Email resume and cov- ent sophisticated commercial litigation SERVICES, INC. is accepting applica- er letter to: Angela Smyth, asmyth@ experience inside or outside of Delaware tions to fill one staff attorney position friedlandergorris.com. with demonstrated superior analytical, to handle various family law matters for TYBOUT REDFEARN AND PELL research, writing and litigation skills with victims of domestic violence. Please ap- seeks an Associate Attorney in civil liti- an interest in Court of Chancery practice ply online at https://www.widener.edu/ gation and/or worker’s compensation. will also be considered. Email resume and employment and email resume and cover We offer the opportunity to handle writing sample to Brett Fallon at bfallon@ letter to Janine Howard-O’Rangers at your own case load, while working in a morrisjames.com. [email protected]. fast-paced environment. Develop your LANDIS RATH & COBB LLP is career in a firm that has been around for JACOBS & CRUMPLAR, P.A., with seeking a commercial corporate re- more than 40 years and is dedicated to offices in Wilmington, Dover and structuring associate with 3 to 5 years helping you succeed. Salary commen- Millsboro, seeks a motivated Attorney of experience interested in being a part surate with experience. Send resume to: with civil litigation experience and/or of a growing corporate restructuring Susan L. Hauske, Esquire at shauske@ worker’s compensation. Salary is depen- practice, collaborative work environ- trplaw.com. dent on prior experience and skill level. ment and the opportunity for profes- Send cover letter and resume to gina@ RHOADES & MORROW LLC seeks sional growth. Delaware bar admission jcdelaw.com. an associate attorney to join its growing required. Competitive salary and ben- plaintiff personal injury/claimant work- efits offered. Please email confidential SUSSEX COUNTY LAW FIRM, ers’ compensation law practice. This po- resume and writing sample to Rebecca Fuqua, Willard, Stevens & Schab PA, sition provides an excellent opportunity Butcher at [email protected]. with offices in Georgetown, Lewes, and to join and advance in a practice with Rehoboth is looking for experienced para- HECKLER & FRABIZZIO, a work- multiple offices throughout Delaware. legal or legal assistant for real estate and ers’ compensation, and general liability Candidate must be licensed in Delaware wills/estates practice. Call or email Lisa firm, with 16 attorneys and offices in (or the candidate must be planning to at (302) 856-777 or email Lisa at lisa@ Wilmington and Dover, is seeking a seek admission to the Delaware bar). No fwsslaw.com. experience in personal injury/workers Partner or Team Leader to join our MANNING GROSS + MASSEN- compensation is required. We offer very workers’ compensation team. The ideal BURG LLP (MG+M) is recruiting a competitive benefits and compensation. candidate must have significant workers’ junior to mid-level Associate for our Please send resume to stephen.morrow@ compensation experience will be able rhoadeslegal.com. to practice independently at a partner Wilmington, Delaware office. This level. Additionally, this position involves Associate will be working primarily on WILMINGTON LITIGATION zealously complying with the firm’s core Delaware litigation. Delaware bar license FIRM seeks mid-level to senior-level values, the development, and mainte- or pending admission is required. This litigation attorney. Friendly, down- nance of client relationships, as well as is an excellent opportunity for the right to-earth atmosphere. Delaware Bar managing/mentoring a profitable team. candidate to join a nationally recognized Required. Excellent salary and ben- A portable and growing book of business and growing defense firm. Candidates efits. Send cover letter and resume to: is desired, but not required. Qualified should have strong work ethic, writ- Casarino Christman Shalk Ransom & applicants should submit a cover letter ing ability, and organizational skills. Doss, P.A., P.O. Box 1276, Wilming- and resume in confidence to: Maria Paris MG+M offers an excellent benefit pack- ton, Delaware 19899. Attn: Kenneth Newill, Co-Managing Partner, mnewill@ age. Please email resumes to wlarson@ M. Doss, Esq. hfddel.com. mgmlaw.com.

38 DSBA Bar Journal | www.dsba.org LITIGATION ASSOCIATE: Margolis SMITH, KATZENSTEIN & JEN- Edelstein, a premier insurance defense KINS LLP seeks a litigation as- Support firm with offices in Pennsylvania, New sociate with 2 – 5 years’ similar for Postpartum Jersey and Delaware, has an immediate experience. A substantial portion opening for a Litigation Associate with of the work will be in IP litigation Depression 1 to 3 years experience for its Wilm- and experience in IP a plus but not ington, Delaware office. The associate required. Delaware bar admission will be trained and eventually handle a required. We offer a competitive caseload including casualty, commer- salary and benefits to include health, cial litigation and employment defense dental, long-term disability, long- matters. Candidates must be licensed term care and life insurance, 401(k) to practice law in Delaware and have and profit sharing, and a pleasant strong writing, analytical and research work environment. Interested ap- skills. Prior experience with an insurance plicants should send résumé, along defense firm is a plus but not mandatory with a writing sample, to Hiring for the position. Salary is dependent on Partner, P.O. Box 410, Wilmington If you or someone you know prior experience and skill level. Please DE 19899 or email [email protected]. is experiencing Postpartum send resume and two writing samples to Michael R. Miller, Esquire at mmiller@ Depression, there is help and support for lawyers. margolisedelstein.com. OFFICE SPACE GORDON, FOURNARIS & MAM- MARELLA is seeking associates with WILMINGTON HIGH-RISE: Fully For more information, two-four years of experience to work furnished, 8th Floor, 16’X9’ Office email [email protected]. in our National Trusts & Estates With 11’X7’ Window, Telephone, Wi-Fi; and our Business Advisory/Taxation Shared Reception Area, Kitchen, Fax, practice areas. We offer very compet- Conference Room Viewing Memorial itive benefits and compensation and Bridge; $500; (302) 888-1275. BULLETIN BOARD an outstanding office environment. DOVER OFFICE BUILDING FOR ADVERTISING We are located adjacent to parkland SALE: 18 South State Street, Dover. 2 in a beautiful historic building in blocks from the Green and Courthouse. INFORMATION the Rockford Park vicinity of Wilm- Off street parking. 2630 square feet. ington Delaware. Please email your Furnished. $379,000. For pictures go to Bulletin board rates are $50 cover letter and resume to hiring@ RemaxCommercial.com type in address. for the first 25 words, $1 each gfmlaw.com, or mail to Gordon, Call (302) 697-8988. Fournaris & Mammarella, P.A., 1925 additional word. Additional Lovering Avenue, Wilmington, DE ATTRACTIVE OFFICES FOR features may be added to RENT IN GEORGETOWN: 19806. ATTN: Hiring. Two any Bulletin Board ad for $10 adjacent buildings (1700 sf and 3500 per feature. The deadline to AN AV RATED FIRM IN NEWARK, sf). Close to courthouse. Some furniture has an immediate opening for two Li- available. Reasonable rent. Onsite park- place a Bulletin Board ad is the ability Defense Litigation Associates in ing. Call Jim Griffin (302) 381-0527. 15th of the month prior to the our office with 1 – 5 years of relevant [email protected]. month of publication. experience. This is a hands-on position OFFICE FOR RENT in a beautiful All Bulletin Board ads must with heavy litigation in transporta- historic building. Shared services and tion, products, and premises liability. facilities include conference and large be received electronically Delaware Bar required. Salary will reception area. Some furniture available. and prepayment is required. commensurate with experience. We are Reasonable rent. Excellent opportunity Submit the text of the Bulletin an EEO employer, offering an excellent to open a new practice or continue a Board ad and payment to benefits package in a collegial work small practice in a collegial atmosphere [email protected]. For more environment. Please email resume and Call Bayard Marin (302) 658-4200. information, contact Rebecca salary requirements to employment@ fandpnet.com. Baird at (302) 658-5279.

DSBA Bar Journal | March 2020 39 Making charitable giving simple, joyful & powerful.

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DSBA Bar Journal | March 2020 41 THE LAST WORD

10 LESSONS I Learned from My Father

BY IAN CONNOR BIFFERATO, ESQUIRE THE BIFFERATO FIRM, P.A.

Treat everyone with respect: All Clients/litigants frequently wish to hold action is brief and isolated or every day. people deserve the benefit of initial out in the hopes that doing so will bring You can learn to always find happiness by respect1 as an equal, regardless of their them justice. However, courts, juries and looking inside of yourself. status, heritage, wealth, or the privileges tribunals do not award justice; they can You catch more flies with honey than from which they may come. In my father’s only hear facts and determine what the with vinegar: This was a favorite say- case, just because he was seeing people law requires when applied to those facts, 8ing that I heard when I was growing up and from the bench (often at their worst), did which does not always equate to justice. I have found it to be universally true, espe- not mean that he was looking down on They can determine liability or guilt or cially when trying to give my kids advice. them, regardless of what they sought, lack of guilt, but that does not mean they People have a natural tendency to give in what they had been accused of, or where can always do what might be “right.” to frustration or anger when it arises, and they came from. Whether people were to then allow those emotions to direct Fairness is natural: Fundamental lawyers, parties, or defendants, he was our actions. However, allowing empathy, not impressed by lineage and he did not fairness requires only the opportu- 5nity to be heard and to be respected. To consideration and kindness to direct your think any less of those who may have choices and actions, rather than bitterness thought themselves unworthy. The way silence someone is to deprive them of fundamental fairness. While justice and and anger, will always bring greater suc- he treated everyone with respect was cess and personal fulfillment. the core of who my father was, and is the fairness are not synonymous, injustice quality that most people that knew him requires the ignorance of fairness. Elitism is the product of fear, not remark on when they speak about him. Gratitude and appreciation make 9 accomplishment: Putting yourself on life better and last longer: Appre- a pedestal because of your background, Confidence breeds humility, not ciation6 for what you have in your life is how much you have, or what schools you arrogance: Many people confuse much more comfortable than disappoint- attended, as compared to someone else, arrogance2 for confidence and vice versa. ment or even anger about what you have is always derived from the fear of not being Genuine confidence is a self-recognition not been given or feel that you deserve. good enough as you are. Comparisons, and that never appears as arrogance. Arro- Frustration and anger rarely lead to sat- the need to categorize people, only provides gance is born of fear and is the opposite isfaction and vindication. the opportunity to separate and isolate you, of someone who is truly confident. rather than bringing you closer to anyone. Attachments are for people and Listening always takes you further principals, not objects: It is hard Success is not the opposite of loss: You always learn than making noise: 7not to become attached to things, such Rarely do the results we want come more3 by listening and hearing before as cars, homes, jewelry, etc., because we without10 experiencing those that we do not responding. We are all naturally drawn often mistakenly believe that things will think we want. Frequently the experience toward truth. Truth does not reveal itself make us happy. However, objects and of loss or overcoming obstacles teaches us from the loudest voice in the room. The things should only serve as reminders of more about ourselves and what is actually skill of listening is not taught to most, people, beliefs, and relationships in our important than what we may have believed nor do many people seek to learn how to lives. Happiness dwells inside of us and is before. When one door closes, another one listen to others, and instead only desire shared and brought out when we sincerely will always open, even though it may not to hear themselves speak. Practicing the relate to other people, whether that inter- be obvious at the time. skill of listening is the best way to learn, and most often, to find truth. Connor Bifferato is the son of the late Judge Vincent A. Bifferato, who served 31 Justice is not a tangible asset that years on the Superior Court. Connor has been a member of the Delaware Bar since 4 can be negotiated or awarded: 1994. He can be reached at [email protected]. 42 DSBA Bar Journal | www.dsba.org ART CONNOLLY RACE JUDICATA Benefiting the Delaware Law Related Education Center (DELREC), a nonprofit 501(c)(3) with a mission to enhance the presence of law related education initiatives in Delaware.

15TH ANNUAL

Saturday, April 18, 2020 Logan House, Trolley Square (1701 Delaware Ave., Wilmington, DE) 9:00 am – Sign-in & Registration 9:50 am – Kiddie K starts 10:00 am – 5k Run/Walk Starts

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DONATIONS OF ANY AMOUNT TO DELREC ARE GREATLY APPRECIATED. Acknowledgments will be made as follows: Gold: Donations of $1,250 and over; Silver: Donations from $500 to $1,249; and Bronze: Donations from $250 to $499.

Please make checks payable to and mail to: Delaware State Bar Association, Attn: Race Judicata, 405 North King Street, Wilmington, DE 19801 A MESSAGE FROM THE GENESIS COMMUNITY RELATIONS TEAM

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