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The Monthly Newspaper of the Philadelphia Bar Association Vol. 42, No. 1 January 2013 Leadership, Diversity Plans Dandridge to Serve as are Introduced by Wilkinson Chancellor in 2015 n By Jeff Lyons

Albert S. Dan- dridge III, a partner with Schnader Har- rison Segal & Lewis LLP, has been elected Vice Chancellor of the Philadelphia Bar Dandridge Association. Dandridge, voted in by Bar members in the Dec. 4 election, will serve as Vice Chancellor in 2013, Chancellor-Elect in 2014 and Chancellor in 2015. Mary F. Platt, a partner with Griesing Law, LLC, has been elected Assistant Trea- surer. Her term begins Jan. 1, 2013. The following candidates for Bar offices Photo by Jeff Lyons ran unopposed and will begin serving in Incoming Chancellor Kathleen D. Wilkinson is greeted at the Dec. 4 Annual Meeting Luncheon, where she discussed her plans for 2013 at the Hyatt at The Bellevue. Pictured at right is Chancellor-Elect William P. Fedullo. continued on page 3

Chancellor’s Reception n By Jeff Lyons today’s legal profession. “I believe that creating new op- In This Issue January 3 at Bellevue Saying that a more diverse and portunities for leadership and develop- All members of the Philadelphia inclusive Bar Association is vital to ment of our lawyers will help us meet 4 Marriage Equality legal community are invited to success, incoming Chancellor Kathleen the challenges of a constantly evolving attend a complimentary recep- 5 Board Service D. Wilkinson announced the launch of profession,” she said at the Dec. 4 An- tion on Thursday, Jan. 3 from 5 a Chancellor’s Leadership Institute to nual Meeting Luncheon. Wilkinson, the to 7 p.m. in honor of Kathleen D. 6 ICC Symposium provide ongoing substantive program- sixth woman to serve as Chancellor, said Wilkinson, 86th Chancellor of the ming aimed at assisting and developing that through the power of partnerships, 7 Bar Foundation Philadelphia Bar Association, at leadership skills and opportunities for the Philadelphia Bar Association will the Hyatt at The Bellevue, Broad women attorneys, attorneys of diverse host these programs in conjunction with 8 Getting Social and Walnut streets. No RSVP is backgrounds and young lawyers new to other legal organizations and Philadel- necessary. 14 Bar Leadership the profession, so they can succeed in continued on page 12 2 Philadelphia Bar Reporter January 2013 philadelphiabar.org Frontline

Editor-in-Chief Renew Your Commitment Heather J. Austin, Esq.

Associate Editors Ria C. Momblanco, Esq. Regina Parker, Esq. to Civility, Professionalism Thomas L. Bryan, Esq. Edward P. Kelly, Esq. “Every action done in company ought to ton’s example. By Kathleen Wilkinson when litigation ensues, Julia Swain, Esq. be with some sign of respect to those that are Rule 1 of the Rules not every point can be Angie Halim, Esq. Mary-Kate Breslin, Esq. present.” – George Washington’s “Rules of Civility Washington contradicted. Benjamin F. Johns, Esq. of Civility & Decent Behaviour in Com- followed states: “Every Washington also pany and Conversation.” action done in company made sure to: “Speak not Contributing Editor ought to be with some injurious words, neither Richard Max Bockol, Esq. As keepers of the legacy of Andrew sign of respect to those in jest or earnest...” (Rule Advisory Editor Hamilton, we proudly represent the legal that are present.” This 65) The quality of the Molly Peckman, Esq. profession to the world. rule should also define legal profession and the Associate Executive Director, But here in Philadelphia, the birthplace decent behavior among administration of justice Communications of freedom, as Philadelphia lawyers, we lawyers: We should always will be enhanced if law- Mark Tarasiewicz owe a higher obligation to honor and be respectful of clients, yers and judges treat each respect our heritage. opposing counsel, parties other, clients and other Senior Managing Editor, In my address to the membership last in litigation and judges. participants in the judicial system with Publications Jeff Lyons month as incoming Chancellor, I urged Rule 58 provides: “Let your conversa- courtesy, respect and civility. Most lawyers that civility and professionalism be part of tion be without malice or envy…” We would agree that bad behavior and so- Executive Director everything we do as Philadelphia lawyers. should avoid engaging in acts of rudeness called hardball tactics reflect poorly on Kenneth Shear These are our greatest attributes. This is or disrespect. Despite a lawyer’s duty of the profession. our greatest responsibility. zealous advocacy, exercising courtesy and An attorney can be very effective The Philadelphia Bar Reporter (ISSN 1098- In my heart, I know that these are the civility at all times does not render us any without being abrasive. Professional 5352) is published monthly and available by attributes that contributed to my own less effective. courtesy is entirely compatible with vigor- subscription for $45 per year by the Philadel- phia Bar Association, 1101 Market St., 11th success, and are part of who I am. By Similarly, Rule 66 reminds us to be ous advocacy and the administration of floor, Philadelphia, PA 19107-2911. Periodicals showing professionalism in everything “friendly and courteous.” justice, as Washington noted in Rule 73: postage paid at Philadelphia, PA POSTMASTER: In addition, Rule 86 states: “In dis- “Think before you speak; pronounce not Send address changes to Philadelphia Bar Re- we do, we serve as role models for future porter, c/o Philadelphia Bar Association, 1101 generations of lawyers. putes, be not so desirous to overcome as imperfectly nor bring out your words too Market St., 11th floor, Philadelphia, PA 19107- Yet we also learn from past generations. not to give liberty to each one to deliver hastily, but orderly and distinctly.” 2955. Telephone: (215) 238-6300. Association Web site: philadelphiabar.org. Newspaper e- President George Washington exhibited his opinion...” Lawyers should listen to These are just some of the many rules mail address: [email protected]. The edi- notable manners throughout his life. the other side’s point of view. Perhaps it is that Washington followed. torial and other views expressed in the Phila- Diligence in social manners was common a matter that can and should be resolved In September 2000, our Board of delphia Bar Reporter are not necessarily those of the Association, its officers or its members. practice during his lifetime. after we listen to opposing counsel’s argu- Governors adopted the Philadelphia Bar Advertising rates and information are available As a teenage boy in Virginia, Wash- ments and opinions. Association’s Principles of Professional- from Don Chalphin at American Lawyer Media, ington copied 110 rules of civility into a Another instructive rule, Rule 87 ism. The Principles updated the Working 1617 JFK Boulevard, Philadelphia, PA, 19103. Telephone: (215) 557-2359 or e-mail dchal- notebook and carried them throughout provides: “Contradict not at every turn Rules of Professionalism promulgated by [email protected]). his life, include all eight years as the first what others say.” Sometimes not every the Board in June 1990. Page 1 skyline photo by Edward Savaria, Jr./PCVB president of the United States. Titled matter should be put into litigation, or continued on page 17 “George Washingon’s Rules of Civil- ity and Decent Behaviour in Company and Conversation” the rules were drawn & Associates; and Dawn M. Tancredi, a from an English translation of a book of Election shareholder with Mattioni, Ltd. Tell Us maxims and were intended to teach how continued from page 1 Seven candidates were also elected to to treat others in social situations. three-year terms to the Young Lawyers What You Think! Civility served Washington well, and their positions on Jan. 1: Sophia Lee, Division Executive Committee and will The Philadelphia Bar Reporter decent behavior helped him lead a new Secretary; Wesley R. Payne IV, Trea- begin serving their terms on Jan. 1. They welcomes letters to the editors for nation. surer; and Jacqueline G. Segal, Assistant are Andrew J. Kornblau, an associate, publication. Letters should be typed. While George Washington was not a Secretary. Lee is a senior attorney with Landman Corsi Ballaine & Ford P.C.; There is no word limit, but editors lawyer nor appeared in court, he acquired Sunoco. Payne is a partner with White Jim Nixon, an attorney with Superior reserve the right to condense for much legal training from his service as a and Williams, LLP and Segal is a partner Court of Pennsylvania; Matthew Olesh, clarity, style and space considerations. guardian, trustee, executor and a justice with Fox Rothschild LLP. an associate with Fox Rothschild LLP; Letters must be signed to verify authorship, but names will be withheld of the peace of Fairfax County, Va., where The following five candidates were Shabrei Parker, law clerk to Philadelphia upon request. Letters may be mailed, he heard minor cases. He also was a elected to three-year terms on the As- Court of Common Pleas Judge Sandy faxed or e-mailed to: Jeff Lyons, Senior member of the County Court, which had sociation’s Board of Governors: Natalie L.V. Byrd; Jennifer Russell, a staff at- Managing Editor, Philadelphia Bar an extended jurisdiction in equity as well Klyashtorny, of counsel, Nochumson, torney at SeniorLAW Center; Matthew T. Reporter, Philadelphia Bar Association, as in civil and criminal law. In colonial P.C.; Rachel E. Kopp, an associate with Stone, an associate with Cohen, Placitella 1101 Market St., 11th floor, Philadel- days although justices were not trained Spector Roseman Kodroff & Willis, & Roth, P.C.; and Robert W. Zimmer- phia, PA 19107-2955. Phone: (215) lawyers, the service provided excellent PC; Emily B. Marks, an associate with man, an associate with Saltz, Mongeluzzi, 238-6345. Fax: (215) 238-1159. E-mail: training in legal knowledge. Kolsby, Gordon, Robin, Shore & Bezar; Barrett & Bendesky, P.C. [email protected]. Modern lawyers can learn from Washing- Brad V. Shuttleworth, of counsel, Alva philadelphiabar.org January 2013 Philadelphia Bar Reporter 3 lgbt rights committee Gay Marriage on U.S. Supreme Court Agenda n By Julia Swain gay marriage. Presently, nine states is a fundamental right, Pennsylvania (Connecticut, Iowa, Maine, Maryland, will continue to ban gay marriage. Marriage equality is gaining national momentum Massachusetts, New Hampshire, New Podcast Rosenblum noted that Pennsylvania and prominence, particularly with the U.S. Supreme York, Vermont and Washington) and Spotlight does not have any laws to protect sexual Court’s recent announcement that it would hear two gay the District of Columbia permit gay orientation gender identity. When Visit philadelphiabar.org for marriage cases. marriage. Several other states legally gays were included in the Pennsylvania a podcast from this event. Rebecca G. Levin set the backdrop for the Nov. 29 recognize marriage equivalent relation- hate crime law, immediate challenges discussion at a meeting of the LGBT Rights Commit- ships. Civil unions are permitted in were submitted and the law was struck tee by reviewing the history of same-sex marriage in the New Jersey, Illinois, Rhode Island, Delaware and Hawaii. down. Gay marriage advocates are searching for the “right U.S. The battle for marriage equality started in 1993 in Domestic partnerships are permitted in California, case” to take up through the courts to overturn the com- Hawaii, where the court decided that the state’s refusal Oregon and Nevada. Marriage equality continues to gain monwealth’s DOMA. to grant same-sex marriage was discriminatory. However, support since the 2012 election, with ballot referendum Although Pennsylvania does not support gay rights, in 1996, Congress passed the Defense of Marriage Act votes in three states (Maryland, Maine, Washington) in certain federal legislation must be adhered to that pro- (DOMA), which restricts marriage to be between one favor of gay marriage. Pennsylvania still bans gay mar- vides some protection for same-sex couples. For instance, man and one woman; and also effectively eliminates riage by statute, which was passed in 1996. hospitals that receive Medicare and Medicaid funds must the requirement for full faith and credit by one state to Most recently, the U.S. Supreme Court accepted comply with patients’ powers of attorney documents recognize the validity of a same-sex marriage granted two cases dealing with constitutional challenges to laws even if a gay partner is designated to make decisions by another state. The next decade saw an increase in restricting same-sex marriage, which were discussed by in the capacity of a spouse. Under immigration laws, a DOMAs and constitutional amendments passed by states panelist David C. Berman. The first case is from Califor- same-sex union is now recognized as one criteria to op- banning same-sex marriage. This trend started to slowly nia dealing with Proposition 8. The second case, Windsor, pose deportation proceedings. And, under the FMLA, turn when the California Supreme Court ruled in favor challenges the federal DOMA definition of marriage a non-biological parent (a gender neutral designation) is of gay marriage. But, in response, California voters ap- being between only a man and a woman. permitted to take leave to care for a child. proved Proposition 8 that banned gay marriage. Proposi- Even if the U.S. Supreme Court rules in favor of gay tion 8 is one of the cases the U.S. Supreme Court will be marriage, in Pennsylvania there will be very little if any Julie Swain ([email protected]), a partner with Fox reviewing this coming term. impact, said panelist David M. Rosenblum. Short of a Rothschild LLP, is an associate editor of the Philadelphia Bar In 2004, Massachusetts became the first state to allow declaration by the U.S. Supreme Court that marriage Reporter.

4 Philadelphia Bar Reporter January 2013 philadelphiabar.org Go Social, But Bill of Rights Day Naturalization Don’t Forget About Traditional Media n Kay Kyungsun Yu, a member By Annie M. Kelley of the Philadelphia Bar As- sociation Board of Governors Traditional media is just one way lawyers and chair of the Philadel- can raise both individual and professional exposure, phia Commission on Human corporate communications and public relations Relations, addresses new strategist Jeff Jubelirer recently told members of the American citizens at a Dec. 13 naturalization ceremony at Women in the Profession Committee. the U.S. Courthouse. The cer- Jubelirer said it is increasingly difficult to get posi- emony, presided over by U.S. tive messages and stories out there, as media is drawn District Court Judge Stewart toward drama and controversy. He said the good Dalzell and sponsored by the news is “that we are all the media now.” Anyone can Bar Association, featured 99 people from 42 countries tak- start a blog, can comment on a story online, and can ing the oath of citizenship on get their name out there. Attorneys no longer have to Bill of Rights Day. Yu is also a rely on traditional media, and can market themselves. naturalized citizen. Looking beyond newspaper, television and radio, Jubelirer discussed how social media is an exceedingly helpful medium for public visibility. As nearly two out of three adults are currently active on social me- Photo by Jeff Lyons dia sites, he said sites like Facebook, Twitter, Linke- dIn and YouTube are great ways to be your own part of the media. Nonprofit Boards Protect Mission While being careful not to ignore traditional media and newsrooms in order to raise one’s profes- n By Mary-Kate Breslin ties is a key component of this type of internal control. sional exposure, one must know what makes a good “The board is a critical part of the internal control sys- story. Newsrooms are drawn to drama, controversy, Boards of directors for nonprofit organizations tem because at every board meeting they look at financials, winners and losers, and also trends. He said attorneys are the stewards and protectors of the organization’s mis- look at projected and actual, and make sure they protect must know the current trends in each discipline, sion, nonprofit consultant Laura Otten told members of and steward the money,” advised Otten. Another internal whether that be labor, employment, immigration, the Young Lawyers Division at the Dec. 6 Live, Lunch & control is the organization’s budget. The budget should be real estate, etc., and think, how can I contribute? Learn CLE program. reviewed at every board meeting to determine whether the What do I do, or what can my firm offer, that can Otten, an instructor for The Nonprofit Center at organization is on target. It also serves as a financial policy add to that? Jubelirer recommended “knowing the LaSalle University’s School of Business for more than 20 in that it instructs anyone associated with the organization beat,” meaning, who covers the legal industry for a years, and director since 2001, is an expert in nonprofit where money comes from, and how it is spent. particular newspaper. Learn the different beats by leadership, governance, strategic planning, evaluation, and Otten noted “too few boards pay enough attention reading the paper and looking online on a regular various aspects of organizational management. to budgets.” Boards should budget for growth and work basis to learn who is writing about what. The program covered best practices for financial over- towards being a profitable enterprise by building a surplus. As for television and radio, be tactical. Newspapers sight within nonprofit organizations. There was a par- A best practice would be to set aside three to six months are appropriate to give context and length, but televi- ticular focus on the role of the board of directors such as of financial reserves with which the organization could sion provides a quick visual where the picture tells setting financial policies, monitoring money, and allocat- sustain itself if necessary. Furthermore, remember that continued on page 18 ing costs. Otten opened the conversation by naming two nothing is outside of the budget, e.g. Hurricane Sandy key components within a nonprofit organization: a good damage. finance committee, and all board members understanding Otten provided several real-world examples of nonprofit and executing their responsibilities. It is the board’s respon- oversight and management gone awry. For example, where sibility to question the integrity of the finance committee. one individual is in a position of total autonomy of the Otten first served on a nonprofit board when she was a complete cycle of a process, that is a red flag. This process teenager, and her weekly blog posts on www.nonprofituni- could mean complete discretion of ordering, buying, and versityblog.org are read around the world. signing for something. She described this circumstance as NEW WAYS TO She described three individual responsibilities of board “fertile grounds for financial trouble.” CONNECT TO US! members: First, give out of your own pocket; second, open There are also conflicts of interest policies to consider. doors to funders, foundations, corporations, and individu- For instance, the organization should not be conducting als; and, third, cultivate relationships. business with board members or their respective families. Regarding oversight and management, setting policy is By disallowing this practice from the beginning, the orga- one of the main responsibilities of the board of directors. nization’s reputation can be insulated. Policies are created to improve efficiency, increase consis- Board members should also consider a code of ethics tency, and protect the organization. Every policy should policy. Otten warned her audience, “If you ever doubted be put into writing, and reviewed periodically. One policy the need for a code of ethics for your organization, I have example is creating an internal control system. An example two words for you – Penn State.” of an internal control system is a procedure for signing checks – whose signature, and how many signatures are Mary-Kate Breslin ([email protected]), judicial needed for checks of varying amounts. The board must law clerk to Philadelphia Court of Common Pleas Judge Albert J. ensure there is a system of checks and balances in effect Snite Jr., is an associate editor of the Philadelphia Bar Reporter. that protects the organization’s money. A separation of du- philadelphiabar.org January 2013 Philadelphia Bar Reporter 5 ICC Judges Convene in Phila. for Symposium n By Rose Scott and foster a greater understanding of the chal- The court, which officially opened in note address by ICC First Vice President Elizabeth Turchi lenges facing the ICC, the limitations of its The Hague in July 2002, only recently ren- Judge Sanji Mmasenono Monageng. She reach, its jurisprudence, and the similarities dered its first verdict. This is not surprising, was joined by U.S. District Court Judge At the start of the 2012-2013 academ- and differences in practice and mission since a decade ago it started from scratch Robert B. Kugler and Elizabeth K. Ainslie, ic year, The Philadelphia Global Initiative between the ICC and the U.S. judicial sys- with no building, infrastructure, staff, nor a partner with Schnader Harrison Segal on the Rule of Law launched a yearlong tem. The ICC, an outgrowth of the World judges. Today, the ICC is fully functioning, & Lewis LLP, with Temple Law Professor series of symposiums in Philadelphia to War II Nuremberg Tribunals, is the world’s with three cases in trial, more in pre-trial, James Shellenberger serving as modera- celebrate the 10th anniversary of the es- first treaty-based permanent, independent, and several additional ongoing investiga- tor. The panel compared ICC and U.S. tablishment of the International Criminal international criminal court. Its govern- tions by the ICC Office of the Prosecutor criminal procedures with Judge Monageng Court (ICC), in conjunction with the ing document, the “Rome Statute,” was (OTP). In its first decade, the court has emphasizing the unique role of the ICC’s 225th Anniversary of the U.S. Constitu- created in 1998 in Rome at a conference of had to break new ground in developing pre-trial chamber (PTC). The closest thing tion. The second of these events – Proce- 160 countries. Its mission: to end impunity jurisprudence under a new criminal statute to a PTC in U.S. criminal procedure is the dural & Jurisdictional Challenges – was for and bring to justice individuals alleg- and in confronting the challenges inherent grand jury. Once the ICC prosecutor has held Nov. 8 at Temple University Beasley edly responsible for violations of interna- in establishing a new institution, prosecut- collected sufficient evidence, she presents School of Law. tional humanitarian law (e.g., genocide, ing high-profile suspects, while investigat- this in the form of an indictment to the The Philadelphia Global Initiative’s war crimes, crimes against humanity and, ing serious and complex crimes. PTC. The PTC must confirm whether the purpose in organizing these seminars is to by 2017, the crime of aggression). The first panel on Nov. 8 featured a key- OTP has provided prima facie evidence for an arrest warrant to be issued. The PTC • • acts as a check on the prosecutor, and has authority to either return the case to the January CLE Calendar OTP to provide additional evidence or These CLE programs, cosponsored by the Philadelphia Bar Association to dismiss the case. The PTC takes into will be held at The CLE Conference Center account the initial evidence offered by the Wanamaker Building, 10th Floor, Suite 1010, Juniper Street entrance OTP as well as allegations submitted by unless otherwise noted. victims. Notably the ICC’s Rome Statute allows for victims, at their own initiative, to be legally represented and/or testify at the trial. As noted by panelists, this is not true Live & Simulcast Seminars Video Seminars in U.S. courts where victims generally only play a role at sentencing. Jan. 3 • Winning Before Trial Jan. 14 • Real Life Financial Planning for Lawyers The second panel, moderated by Temple Jan. 23 • How to Write a Will and Other Essential Estate Jan. 4 • Ethical Issues in Land Use Practice Planning Documents • Eminent Domain Takings in Pennsylvania Law Prof. Margaret deGuzman, featured Jan. 25 • Ohlbaum on Evidence Advocacy: Using the Rules of Jan. 7 • Driving After Imbibing Rod Rastan, legal officer in the OTP; Evidence to Persuade Jan. 8 • Mergers & Acquisitions: Practice, Process and Forms Matthew Heaphy, deputy convenor of • Understanding Social Security: Getting the Benefits Jan. 9 • Legal Ethics & the Attorney Client Privilege AMICC (American NGO Coalition for You or Your Clients Deserve • Fraud and Abuse in the Health Care Industry the ICC); Rutgers-Camden Law Prof. Jean Jan. 30 • Medical School for Lawyers: into the Anatomy Lab Jan. 11 • Ethical Issues in a Litigation Practice – Update Galbraith; and University of Pennsylvania Jan. 31 • Confidential Informants • Fundamentals of Civil Practice and Procedure political science Prof. Jessica Stanton. This Jan. 14 • Fair Hearings and Appeals in Elder Law group assessed the ICC’s contribution to Simulcasts from PLI Jan. 15 • The Complexities of Article 9 global justice. Similar to U.S. practice, the Save yourself the time and expense of an overnight trip to New York • What to Do When You Receive the OMG Letter ICC Prosecutor has discretion over what City, and take advantage of the specialized educational programs for Jan. 16 • Immigration, Federal Exclusivity & Arizona vs. US investigations to pursue and what charges which PLI is famous. • A Self-Regulating Profession to file. Significantly, the ICC prosecutor Jan. 17 • How Juries View Tractor Trailer Accidents after Joint & Several Jan. 2 • Drafting and Negotiating Corporate Agreements can decide not to pursue an investigation Jan. 18 • Ethical Duties and Attorney-Client Privilege Jan. 7-8 • Understanding Financial Products if, in her judgment, it would not serve the • Valuing the Small Business in Divorce Jan. 9 • Secured Transactions: What Lawyers Need to Know interests of justice. The prosecutor looks at Jan. 23 • Social Networking in Your Elder Law Practice About UCC Article 9 the evidence of alleged crimes in light of Jan. 10 • Real Estate M&A and REIT Transactions Jan. 24 • Family of Laws for the Family Lawyer the threshold of crimes under the Rome Jan. 16 • Taxation of Financial Products and Transactions Jan. 28 • Trying a Case in State Court Statute, and takes in to account the gravity Jan. 22 • Project Management for Lawyers • The Over-Zealous Advocate of the crimes and the interests of victims. Jan. 25 • Recent Developments in Distressed Debt, Jan. 29 • Ethical Concerns When Representing a Client with Disabilities Restructurings & Workouts • Slicing Up the Pie: Property Distribution in PA The final Philadelphia Global Initia- Jan. 28-29 • Broadband and Cable Industry Law Jan. 31 • Marketing Your Practice with Social Networking Sites (ethics) tive seminar – the ICC’s First Decade and Jan. 30 • Current Developments in Federal Civil Practice Beyond – will be held Feb. 11 at Penn Law Jan. 31 • International Tax Issues Distance Education — Live Webcasts School. ICC President Judge Sang-Hyung Song will deliver the keynote address. For If you can’t watch it live, sign up now and get credit when you watch it the latest information, please see http:// Mark Your Calendar later (you’ve got 3 months after the webcast date). una-gp.org/global.initiative. Mar. 12-13 • 19th Annual Health Law Institute (PA Convention Center) Jan. 14 Real Life Financial Planning for Lawyers Apr. 16-17 • 19th Annual Employment Law Institute Jan. 23 Understanding Social Security: Getting the Benefits You or Your Clients Deserve Rose Scott is a student at Temple University (PA Convention Center) Jan. 24 Best of the Oil and Gas Law Colloquium--Central PA Beasley School of Law. Elizabeth Turchi is May 22 11th Annual Nonprofit Institute Jan. 31 Confidential Informants Legal Officer, Victims & Witnesses Section of the United Nations’ International Criminal  www.pbi.org  800-932-4637 Tribunal for the former Yugoslavia, and a member of the ad hoc working group of UNA- GP/Philadelphia Global Initiative.

6 Philadelphia Bar Reporter January 2013 philadelphiabar.org Bar Foundation New Year Brings New Leadership By Deborah R. Gross

“When you’re finished changing, you’re finished.” – years abroad as an international lawyer and diplomat. main goals over the Benjamin Franklin She has a sincere desire to shift from thinking and acting next five years is to globally, to thinking globally, but acting locally. increase the tangible I am bubbling with enthusiasm to begin my two- We also have a few new faces on the Board of Trust- support we give to year term as president of the Philadelphia Bar Founda- ees who I would like to introduce. They are Linsey B. Philadelphia’s public tion. I am counting on each of you in our dynamic legal Bozzelli from Blank Rome LLP; Meredith S. Auten from interest community. community to help the Foundation achieve its new Morgan, Lewis & Bockius LLP; Bob Hart from PNC As you can see, this strategic plan and become the pre-eminent charitable or- Financial Services; Stephen E. Raynes from Raynes Mc- goes hand-in-hand ganization for lawyers in Philadelphia. But don’t worry, Carty; and Robert H. Louis from Saul Ewing LLP. The with the goal of mak- you won’t be alone. While we have almost 50 years of Board of Trustees is the core of our organization, and I’m ing the Foundation the pre-eminent charitable organiza- history behind us to provide our base, we have many excited to welcome these new members with their skills tion for lawyers in Philadelphia. new faces at the Foundation to help move us forward. and talents to the Bar Foundation. And this is where each of you comes in because I’m I’ve been a longtime member of the Bar Founda- Of course our current trustees are fabulous, and I am going to need your help as well. We will need to work tion Board of Trustees, having co-chaired two Andrew pleased to announce our executive Committee for 2013 together to make a difference in the lives of the abused Hamilton Galas, and serving on the Grants Commit- – Steven E. Bizar of Buchanan Ingersoll & Rooney PC; children that are clients at Support Center for Child tee, Finance Committee, Executive Committee and Cy Thomas A. Brophy of Marshall, Dennehey, Warner, Advocates (which the Bar Foundation has funded since Pres Committee. I’m excited to have been chosen by Coleman & Goggin, P.C.; Rich Grobman of Oppen- 1977). With your backing we will be able to help the the Board to be the 36th president of the Bar Founda- heimer; Leslie E. John of Ballard Spahr LLP; and Wilson family facing foreclosure whose only option for legal tion. As anyone who knows me can tell you, though I M. Brown III of Drinker Biddle & Reath LLP. As an assistance is Community Legal Services (a grantee since respect history and tradition, I like to change things up Executive Committee, we are going to lead the Board in 1967). The 80-year-old on the brink of bankruptcy as well. In this vein, I am thrilled to announce that our its first full-day retreat. because of a predatory lender, the girl with disabilities new executive director for the Bar Foundation is Jessica We’ve set ambitious goals and objectives for ourselves who can’t access services she is entitled to, the immigrant Hilburn-Holmes. in the 2013-2017 Strategic Plan. I urge you to visit our woman trapped in an abusive marriage – all these people Jessica has returned to Philadelphia after spending website (philabarfoundation.org) and read it. One of our continued on page 9

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philadelphiabar.org January 2013 Philadelphia Bar Reporter 7 YLD Update Panel’s Tips to Improve A Handshake is Worth 1,000 Likes Cultural As incoming chair of the Young become more technically By Aneesh A. Mehta we too caught up with Lawyers Division of the Philadelphia Bar savvy to leverage new hashtags, metadata, web Awareness Association, I could not be more excited media to reach the client search engine optimiza- about the wonderful slate of program- base of the 21st century. tion and website traffic n By Benjamin F. Johns ming we have planned for the coming But we need to ask generating content? year. ourselves whether the From a business sense, A panel of family law and custody As the legal profession continues pendulum has swung the upside of social attorneys, a nationally known family to evolve, the YLD, like many other too far in favor of tech- media may not be so cer- therapist and a victim/witness coordi- organizations must evolve to promote the nology. Are we overvalu- tain. In a recent Altman nator at the District Attorney’s Office interests of young lawyers. ing “thought leadership” Weil survey, chief legal discussed practice tips for improving The evolution of the legal profession is and undervaluing com- officers of more than 200 cultural awareness at a program present- epitomized on our morning commutes in munity leadership? companies were asked to ed by the Family Law Section’s Diversity any elevator in the city. The 30 seconds in The prevailing theory rate factors that influ- Committee. an elevator used to be a time for ignoring right now is that you have to publish ence their selection of outside counsel on Kristine Calalang, a co-chair of the the quasi-familiar person next to you and online, you have to control your presence a scale of 1 to 10. Social media received Diversity Committee and the Custody staring at the floor numbers above the and you have to be constantly updating an average rating of 2.3 just behind direct Committee of the Family Law Section, door. Now only 10 percent of people stair your website. The idea behind this is that mail and email communications. began by discussing the Bar Association’s at the floor number, and 90 percent stare the more traffic you have on your website, That same survey rated referrals and Statement of Diversity Principles. These at their phone waiting for connectivity. the more followers you have on Twitter, recommendations from colleagues at 8.6. principles broadly define “diversity” as in- I bring this point up because technolo- and the more likes you get on Facebook Personal contacts received an average cluding race, ethnicity, gender, disability, gy is beginning to play an ever-increasing will somehow equate to more business. rating of 6.7. The takeaway from that is age, sexual orientation, gender identity, role in our profession. And in the end, that’s the name of the that personal relationships still matter. and religion. While the focus on this For me, it really has been exciting to game, generating business. Your referral base is more likely going to particular presentation was solely cultural see technology merge with law. I am an Disproportionately, the burden of be linked to these personal contacts as awareness, Calalang expects that some of engineer, a former web page designer and producing electronic content falls on the opposed to virtual contacts. these additional topics may be addressed a general technophile. As an intellectual younger and more tech-savvy lawyers. As a young lawyer, you should know in future seminars. The program was property attorney, my personal livelihood They are often asked to do the heavy lift- that you are the steward of your profes- co-sponsored by the Diversity in the relies on technology. I spend, probably ing on blogs and social media. sional development. You need to decide Profession Committee, Young Lawyers too much of my personal time using tech- Do the returns on social media market- how to develop the referral base that is Division, Business Law Section, Probate nology. I fully agree that law firms need to ing justify the resources being spent? Are continued on page 11 and Trust Section, Public Interest Section and Real Property Section. Dr. Argie Allen next asked audience members to identify themselves with cer- tain cultural, religious, political and fam- ily groups. These cultural identification awareness questions included whether one had served in the military, had a family member with a mental illness or disability, was an immigrant, was the first in their family to graduate college, or had African, British, Irish, Dutch, Russian, Asian or Jewish heritage. This exercise was designed to encour- age audience members to stimulate awareness in themselves and others in the room. At the conclusion of the question- ing, several attendees expressed their sur- prise about the number of certain ethnic and religious groups that were present. Dr. Allen indicated that there is con- stantly room to improve awareness about the backgrounds of others. She explained that a large part of that process involves simply speaking with others, and having “courageous conversations” in which similarities and differences are embraced. Many times, however, our society leads us to “micro-systems” where we avoid Photo by Jeff Lyons Incoming Young Lawyers Division Chair, incoming Young Lawyers Division Chair Aneesh A. Mehta and Chair discussing topics such as culture, religion Melanie J. Taylor take stock of toys donated by members at the YLD Holiday Party and Toy Drive on Dec. 6 at Tir Na Nog. and political affiliations. The toys were collected for People’s Emergency Center and the Support Center for Child Advocates. continued on page 17

8 Philadelphia Bar Reporter January 2013 philadelphiabar.org health care reform update from usi affinity Proposed Wellness Program Guidance Issued n By Brian McLaughlin situated individual based on a health fac- is a diet program, plans are not required use of substantially similar language) to tor in order to achieve the reward. to pay for the cost of food but must pay satisfy the notice requirement. The Departments of Labor, Trea- Currently, rewards based on satisfac- any membership or participation fee. Your health plan is committed to helping sury and Health and Human Services tion of a health factor are capped at a • If the reasonable alternative standard you achieve your best health status. Rewards have issued a proposed rule regarding maximum of 20 percent of the total cost is compliance with the recommenda- for participating in a wellness program are incentives for nondiscriminatory wellness of coverage. The changes under the PPA- tions of a medical professional who is an available to all employees. If you think you programs. This proposed guidance builds CA and the proposed rule will increase employee or agent of the plan, and an might be unable to meet a standard for a on the existing wellness program rules the reward threshold to a maximum of 30 individual’s personal physician states that reward under this wellness program, you that apply under the regulations and ad- percent for a health-contingent wellness the plan’s recommendations are not medi- might qualify for an opportunity to earn the dresses changes under the Patient Protec- programs. In a notable exception, the rule cally appropriate for that individual, the same reward by different means. Contact us tion and Affordable Care Act (PPACA) allows rewards-based wellness programs plan must provide a reasonable alternative at [insert contact information] and we will effective for plan years beginning on or designed to prevent or reduce tobacco use standard that accommodates the recom- work with you to find a wellness program after Jan. 1, 2014 and applies to both to offer a reward of up to a maximum of mendations of the individual’s personal with the same reward that is right for you in grandfathered and non-grandfathered 50 percent of the total cost of coverage. physician with regard to medical appro- light of your health status. plans. PPACA provides some important While plans are not required to de- priateness. Plans may impose standard The agencies are requesting com- enhancement to existing wellness pro- termine a particular alternative standard cost sharing under the plan or coverage ments from the public on various issues gram rules, including an increase in al- in advance of an individual’s request for for medical items and services furnished outlined in the guidance. Final guidance lowed reward thresholds. It is important one, an individual who is eligible for a pursuant to the physician’s recommenda- is expected in 2013, prior to the effective to note that compliance with this rule reasonable alternative standard must be tions. date of these increased incentives. does not ensure compliance with various furnished this alternative upon his or her If reasonable under the circumstances, other laws, such as GINA and ADA. request or the condition for obtaining the a plan may seek verification, such as a Brian McLaughlin (Brian.McLaughlin@ The proposed rule reclassifies the types reward must be waived. statement from an individual’s personal usiaffinity.com) is vice president of USI Affin- of wellness programs as: All facts and circumstances must physician, that a health factor makes it ity’s Benefit Solutions Group. For more infor- • Participatory Wellness Programs – be taken into account in determining unreasonably difficult for the individual mation about insurance and benefits options programs that are available to all similarly whether the plan furnished a reasonable to satisfy, or medically inadvisable for for Philadelphia Bar members, visit http:// situated individuals and either do not alterative standard, including (but not the individual to attempt to satisfy, the www.mybarinsurance.com/philadelphiabar/ provide a reward or do not include any limited to): otherwise applicable standard. It would conditions for obtaining a reward based • If the reasonable alternative standard not be reasonable, for example, for a For more than 75 years, the divisions of USI Affinity have de- veloped, marketed and administered insurance and financial on an individual satisfying a standard is completion of an educational program, plan to seek verification of a claim that programs that offer affinity clients and their members unique related to a health factor; and the plan must make the educational is obviously valid based on the nature of advantages in coverage, price and service. As the endorsed bro- • Health-Contingent Wellness Pro- program available instead of requiring an the individual’s medical condition that is ker of the Philadelphia Bar Association and more than 30 other state and local bar associations, and with more than 30,000 at- grams – where an individual is required individual to find such a program unas- known to the plan. torneys insured, USI Affinity has the experience and know-how to satisfy a health-related standard to sisted, and may not require an individual Due to confusion around the existing to navigate the marketplace and design the most comprehensive obtain a reward, or where an individual to pay for the cost of the program. notice, the proposed guidance provides and innovative insurance and benefits packages to fit a firm’s is required to “do more” than a similarly • If the reasonable alternative standard language that can be used (or allows the individual needs.

Bar Foundation continued from page 7 have access to legal services because of your support of the Bar Foundation. The Bar Foundation has funded SeniorLAW Cen- ter since 1980, Pennsylvania Health Law Project since 1994 and HIAS-Pennsylvania since 1992. Have you heard of the Hebrew term tikkun olam? Literally it means, “to repair the world.” But in a broader context it means that we have a shared responsibil- ity for each other. As president of the Bar Foundation, I’m going to call on all of us – Bar Foundation staff and Board and you, our donors and sponsors – to help the most vulnerable among us to get the legal services they need to assert their rights and change their lives.

Deborah R. Gross (debbie@bernardmgross. com), an attorney with the Law Offices of Ber- nard M. Gross PC, is president of the Philadel- phia Bar Foundation. philadelphiabar.org January 2013 Philadelphia Bar Reporter 9 Sections Celebrate with Year-End Gatherings Photo by Jeff Lyons Photo by Jeff Lyons Criminal Justice Section Chair Kevin V. Mincey (left) and incoming Section Chair David I. Grunfeld (center) received the Family Law Section’s Herbert R. Weiman James A. Funt greet Thurgood Marshall Award honoree Alan L. Yatvin at the Jr. Award on Dec. 3 at the Walnut Street Supper Club. Shown with Grunfeld are Section’s Dec. 4 Annual Reception at Loews Philadelphia Hotel. current Chair Megan E. Watson and incoming Chair Michael E. Bertin. Photo by Mark A. Tarasiewicz State Civil Litigation Section Co-Chair Robert T. Szostak (right) and Bar Association Ex- Photo by Jeff Lyons ecutive Director Kenneth Shear present a check for $8,000 to Philadelphia VIP Executive Probate and Trust Law Section Chair Robert H. Louis and incoming Director Sara Woods at the Section’s Dec. 11 Annual Reception. Shear, who is retiring at the Chair Susan G. Collings were among those who attended the Section’s end of 2013, was honored by the Section for his years of service. Section Co-Chair Mark N. Annual Reception at the Radisson Plaza-Warwick Hotel on Dec. 4. Cohen (not pictured) also participated in the presentation. Photo by Jeff Lyons Photo by Mark A. Tarasiewicz Workers’ Compensation Section Co-Chairs (from left) Christian A. Davis, Judge Public Interest Section Chair Sara Jacobson, Andrew Hamilton Award honoree Sandra R. Craig and Patrick W. Kenny were honored for their year serving the Catherine C. Carr and incoming Chair Amara S. Chaudhry at the Section’s Nov. Section at the Dec. 5 Holiday Reception at VIE. 28 Reception and Awards Ceremony on Nov. 28 at Loews Philadelphia Hotel.

10 Philadelphia Bar Reporter January 2013 philadelphiabar.org international business initiative committee Lessons, Experiences from Working in Middle East n By J. Michael Considine aspiring for what the west has. Written stopped at a traffic light but police told anyone to take a stand. Leave the dispute contracts are required. Bahrain and Saudi him the accident was his fault because he as nebulous as possible. Avoid the “one Global construction consultant Arabia use Sharia law and the United was a rich westerner and the other driver person is right and the other is wrong” Kevin Herron talked about his experi- Arab Emirates is largely sharia. In Saudi was a young local. scenario if possible. Negotiate in a non- ences working in the Middle East and Arabia you could get a jail sentence for Arbitration is better than litigation. confrontational manner. Learn to be cul- shared lessons he’s learned with members having a Bible. Personal relationships In litigation, each side has a sponsor and turally savvy and wise. Men on one of his of the International Business Initiative trump everything in the Middle East. if the opponent sponsor is the prime jobs requested time off to pray five times Committee. That may mean working 6 a.m. to 1 a.m. minister you are in trouble. The worst per day towards Mecca. The first prayer Herron work in the Houston office for a period to meet a deadline, which thing to be is in debt. Debt can lead to was around 4:30 a.m. He told workers if of Davis Langdon, an AECOM com- Herron had his men do once. This led to a jail sentence. There can be house arrest they came at 4:30 a.m. they could get off pany that specializes in real estate design, his befriending a sheik and being invited for employees of organizations that lost for all five prayer times. He came and no engineering and architectural consulting. to parties. “Relationships with Muslims money. Never use hand gestures, as the one showed. That solved the problem. The company has 3,000 employees and are all about trust. Say what you will do. wrong gesture can result in jail time. He The recession has not spared the 74 offices around the world. Do what you say you are going to do. advised Westerners not swear or drink Middle East. Salaries are down 30 to 40 Herron worked in Dubai as a quantity Convince the client that his business alcohol in public. Drinking alcohol is percent in the last five years. Las Vegas- surveyor for many multi-billion dollar means more to you than to him,” he said. not offensive in most Muslim countries like projects planned for Abu Dhabi were projects. In the early days, he dealt with But working in the region is not with- but some strictly ban it. Other countries never built. old-school Arabs, whose word was their out danger. In Bahrain, he said members have a $1,500 limit on monthly alcohol bond and written contacts were not of his staff were tortured but the respon- purchases. J. Michael Considine Jr. (adventure7@juno. required. sible parties are now wanted by Interpol. In dealing with a dispute, Herron sug- com) is chair of the International Business He said now there is a great deal of Herron’s car was once rear-ended while gested to do it indirectly and do not force Initiative Committee.

not only other committees and sections of the Bar Asso- the amazing volunteers of the Executive Committee. YLD ciation but with non-legal professional organizations. We They work to put on more than 50 programs each year continued from page 8 plan to partner with these groups to perform community for our 3,000 members. I want to especially thank my service throughout Philadelphia, offering our members Cabinet, Ed Beitz (chair-elect), Maria Harris (vice-chair), so critical to your advancement in the profession. And as the chance to improve our community while at the same Dan Gillen (treasurer), Eileen Carroll (secretary), and you manage your time commitments, consider if you are time enabling substantive contacts with professionals of Jeff Rosenthal (financial secretary). I also would like to more likely to get a referral based on blogging, tweet- different backgrounds. thank the immediate past chairs of the YLD who have ing, and posting or from meeting people outside of your We also will continue to offer leadership training offered and given me so much support already – Abbie office. through the Board Observer Program that places YLD DuFrayne, Brian Chacker, Carey Chopko and Melanie The YLD hopes to offer our members opportunities members on nonprofit boards as observers. The board Taylor. for both. While there are certainly numerous writing observers are also provided with a series of training pro- I am honored to serve as the YLD chair this year. opportunities, I want to suggest meeting people in person grams designed to teach them to be more effective board Make sure to like us on Facebook, and then set your is more important. In addition to developing soft skills, it members. phone down and come out and join us. becomes the start of your referral base. We hope these new initiatives will help our members This year the YLD seeks to provide innovative oppor- place themselves in a position to have greater control over Aneesh A. Mehta ([email protected]), an associate with tunities to advance the careers of our members. We plan their careers. Volpe and Koenig, P.C., is chair of the Young Lawyers Division. to expand on our public service programs to partner with All of the YLD’s work would not be possible without to lawyer lawyer Referrals For details on placing a Lawyer to Lawyer referral ad, contact Lana Ehrlich at 215-557-2392 or [email protected].

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Atlantic Ave., Philadelphia, PA 19110 PHILADELPHIA, PA 19106 Philadelphia, PA 19103 Delray Beach, FL, 33445 (215) 253-7491 Hornstine, Pelloni & Hornstine, LLC (215) 568-7575 [email protected] 561-266-9191 [email protected] 215-568-4968 aronberglaw.com [email protected] www.jrviola.com www.kbklaw.com www.hornstine.com philadelphiabar.org January 2013 Philadelphia Bar Reporter 11 Wilkinson continued from page 1 phia law firms, harnessing the wisdom and experience of some of our city’s top legal minds. One of the first Chancellor’s Leader- ship Institute programs will include a partnership with the Young Lawyers Divi- sion for the Chancellor’s Forum “20th Century Associates in a 21st Century Legal Environment.” “This program will give advice on how to prepare today’s law school graduates for the realities of practicing law in the new economy. I am pleased to announce that Villanova Law School Dean John Gotanda has agreed to participate in this program,” Wilkinson said. Family members and friends including (from left) Lindsey Wilkinson, Tom Wilkinson, Kathleen D. Wilkinson, Michael Yes- “We will be expanding opportunities enko, Mitzi Lombardo, Val Yesenko and (top row) Michael Wilkinson and Fran Kelly gather before the Annual Meeting. for greater participation by all attorneys through new liaison positions for all of our Sections and larger Committees. We Podcast have already seen success with this model Spotlight through our Young Lawyers Division Sec- tion liaisons,” said Wilkinson, a partner Visit philadelphiabar.org for a podcast from this event. with Wilson Elser Moskowitz Edelman & Dicker. Wilkinson also said the Association Use your will explore the creation of a new Section QR code to provide a meeting ground for insur- reader to ance and health care law practitioners. link directly to this Education law will also receive a boost resource. under Wilkinson’s watch. “Given the public’s interest in many issues surround- ing education, and recent developments milestone at the June 12 Quarterly Meet- in the law, we will also create a Special ing and Luncheon. Committee focusing on Education Law, “But just as we look inward at our whether Pre-K to 12th grade, or colleges Association next year, we will also grow and universities. This Committee will our reach in the community in new provide a forum to examine important ways. In 2012, we expanded our Military Kathleen Wilkinson and longtime friend and law partner Shelli Fedullo (above), initiatives affecting our youth and the Assistance Program, to enable volunteer and with college roommate Kate Vetrano and Marc J. Zucker, who will serve as bar’s role in this area.” lawyers to not only provide free legal chair of the Board of Governors in 2013. She also announced the reactivation assistance to active-duty military person- of the Large Firm Management Com- nel, but also to Philadelphia veterans who mittee and Mid-Size Firm Management cannot afford or do not have access to the Committee to discuss common issues and legal services they need,” she said. goals for lawyers at mid to large size firms. “In 2013, we will further support our “These committees will foster dialogue servicemen and women of the Delaware between the Bar Association and our Valley. We will partner with the United many valued law firms.” States Coast Guard, by providing wills Wilkinson also announced the creation on a pro bono basis. In addition, we will of a women’s initiatives task force to refer any local Coast Guard member or delve into the issues of equity partner- family member to a volunteer attorney ship, compensation, rainmaking and top to provide pro bono assistance in a wide leadership positions. “The mission of this variety of matters. There are nearly 600 Task Force is two-fold. It will create a net- active duty personnel and 200 reserv- work and foster a dialogue among leaders ists who are part of Sector Delaware from women’s initiatives in Philadelphia Bay, headquartered at Penn’s Landing Photos by Jeff Lyons law firms and legal departments. It will in Philadelphia. As a major port city, us,” Wilkinson said. look on the dias for the President of the also support the creation, growth and Philadelphia has a long maritime history She also mentioned how 2013 will be a Pennsylvania Bar Association, and also continued relevancy of women’s initiatives and for over two centuries the U.S. Coast unique year for both the Philadelphia and my husband, Tom Wilkinson. While in such firms and departments.” Guard has safeguarded those in peril, as Pennsylvania Bar Associations. “Today, Tom and I didn’t plan on serving overlap- She also announced that to celebrate America’s Maritime Guardian. There is we have a historic moment for the two ping terms as leaders of the state’s two the 20th anniversary of the Justice Sandra no attorney on staff located at the Coast largest bar associations in Pennsylvania, largest Bar associations, we are honored Day O’Connor Award, O’Connor, the Guard in Philadelphia. Our partnership as well as for Pennsylvania and maybe the to serve and share a common passion for first woman justice of the United States with this vital branch of the U.S. military nation. Usually, we turn to the audience advancing the interests of our profession.” Supreme Court, will commemorate this helps us to “protect those who protect to thank our spouse, but today, I must

12 Philadelphia Bar Reporter January 2013 philadelphiabar.org Castille: Court Honors Commitment to Justice n By Jeff Lyons Brennan Award because it is presented by an association of professionals in a profes- The Pennsylvania Supreme Court sion I have labored in for over 41 years has honored its commitment to justice, and have loved. even for the poorest in the state during “The Judiciary often needs the Bar the difficult economic times of the last Association to fight for judicial inde- four years, Chief Justice Ronald D. Cas- pendence for the third branch. You are tille told Bar Association members after often the voice we cannot be. We in the accepting the Justice William J. Brennan judiciary sometimes need to defend our Jr. Distinguished Jurist Award on Dec. 4. constitutional authority over the practice The Brennan Award recognizes a jurist of law from the encroachment of the oth- who adheres to the highest ideals of er branches, whether well-intentioned or judicial service. misguided,” he said. “Working together “I became Chief Justice in 2008 as a profession we can assure a strong – almost exactly when the bottom fell judiciary and an effective and efficient out of the economy – at the beginning legal profession benefitting all Pennsylva- of the economic recession we are still in nians. The Supreme Court will continue and at a time of unprecedented fiscal its mandate to dispense fair justice in austerity. Our courts have made do with Pennsylvania, and our court will vigor- fewer judges, fewer resources and unfilled ously uphold our independent authority support staff positions. But, I’m proud to administer practice and procedure for to say that in Pennsylvania we have not attorneys.” had to shut down one courtroom during Chief Justice Castille first came to these last four years. The courts have, for Philadelphia in 1967 for treatment fol- the most part, been able to deliver timely lowing triage treatment for war injuries and effective justice despite our funding suffered in Vietnam. “I found Philadel- situation,” he said. Chancellor John E. Savoth presents the Justice William J. Brennan Jr. Distin- phia to be great. It had everything – won- guished Jurist Award to Pennsylvania Supreme Court Chief Justice Ronald D. The Supreme Court has continued to Castille on Dec. 4. The former U.S. Marine has been chief justice since 2008. derful people, great sports, culture and encourage pro bono legal services, has restaurants. I returned after law school found creative ways to fund legal services also referenced success in getting funding by the citizens placing me in these high- graduation and spent 19-plus years in the agencies and has created programs like for a brand new Family Court Building elective offices. I’ve been awarded such Philadelphia District Attorney’s Office Loan Repayment Assistance for attorneys now being built in Philadelphia at 1501 awards as the Bronze Star, two Purple (twice elected by the voters) and twice working in legal services organizations – Arch St., set to open in 2014. Hearts, and the Combat Infantry Badge elected to the Supreme Court. Phila- by rulemaking that requires 50 percent of But Chief Justice Castille said he for my service in Vietnam. These awards delphia and Pennsylvania have certainly residual funds from class actions to go to doesn’t do these things for awards or are sufficient. I do these things because it accepted me, a stranger.” IOLTA funded organizations, he said. He rewards. “I always say I’ve been rewarded is the right thing to do. But, I accept the

Matthew A. Glazer (above), son of PNC Achievement Award honoree Richard C. Glazer, accepts the award on his father’s behalf at the Dec. 4 Annual Meeting Luncheon. Mayor Michael A. Nutter (right) was unable to attend, but appeared in

a prerecorded video congratulating incoming Chancellor Kathleen D. Wilkinson. Photos by Jeff Lyons philadelphiabar.org January 2013 Philadelphia Bar Reporter 13 Board of Governors, Section Chairs for 2013

Association Officers 1339 Chestnut St. (215) 399-1346 Kay Kyungsun Yu The Widener Building, Suite 500 [email protected] Philadelphia Commission on Human CHANCELLOR Philadelphia, PA 19107 Relations Kathleen D. Wilkinson (215) 241-7792 Rachel E. Kopp The Curtis Center Wilson Elser Moskowitz Edelman & [email protected] Spector Roseman Kodroff & Willis, P.C. 601 Walnut St., Suite 300 South Dicker LLP 1818 Market St., Suite 2500 Philadelphia, PA 19106 Independence Square West VICE CHAIR Philadelphia, PA 19103 (215) 686-4670 The Curtis Center Eric H. Weitz (215) 496-0300 [email protected] Suite 1130 East Messa & Associates, P.C. [email protected] Philadelphia, PA 19106 123 S. 22nd St. Honorary Members (215) 606-3905 Philadelphia, PA 19103 Emily B. Marks [email protected] (215) 568-3500 Kolsby, Gordon, Robin, Shore & Bezar John E. Savoth [email protected] 2000 Market St., 28th Floor Saltz, Mongeluzzi, Barrett & Bendesky, CHANCELLOR-ELECT Philadelphia, PA 19103 P.C. William P. Fedullo Board of Governors (215) 851-9700 One Liberty Place Rosen, Schafer & DiMeo P.C. [email protected] 1650 Market St., 52nd Floor 121 S. Broad St., 8th Floor Rachel E. Branson Philadelphia, PA 19103 Philadelphia, PA 19107 Schnader Harrison Segal & Lewis LLP Ourania Papademetriou (215) 575-3899 (215) 235-6500 x222 1600 Market St., Suite 3600 Philadelphia VIP [email protected] [email protected] Philadelphia, PA 19103 1500 Walnut St., Suite 400 (215) 751-2438 Philadelphia, PA 19102 Brandi J. Brice VICE CHANCELLOR [email protected] (215) 523-9550 Peirce College Albert S. Dandridge III [email protected] Legal Studies Department Schnader Harrison Segal & Lewis LLP Brian S. Chacker 1420 Pine St. 1600 Market St., Suite 3600 Gay Chacker & Mittin, P.C. Pedro Ramos Philadelphia, PA 19102 Philadelphia, PA 19103 1731 Spring Garden St. Trujillo Rodriguez & Richards, LLC (215) 670-9472 (215) 751-2178 Philadelphia, PA 19130 1717 Arch St., Suite 3838 [email protected] [email protected] (215) 567-7955 Philadelphia, PA 19103 [email protected] (215) 731-9004 Young Lawyers Division SECRETARY [email protected] Sophia Lee Jennifer Segal Coatsworth Aneesh A. Mehta Sunoco, Inc. Margolis Edelstein Scott W. Reid Volpe and Koenig, P.C. 1735 Market St., Suite LL The Curtis Center Cozen O’Connor United Plaza Philadelphia, PA 19103 170 S. Independence Mall W., Suite 1900 Market St. 30 S. 17th St. (215) 977-3624 400E Philadelphia, PA 19103 Philadelphia, PA 19103 [email protected] Philadelphia, PA 19106 (215) 665-2152 (215) 568-6400 (215) 931-5836 [email protected] [email protected] ASSISTANT SECRETARY [email protected] Jacqueline G. Segal James A. Rocco III Edward F. Beitz Fox Rothschild LLP John Encarnacion Rocco Law Offices, LLC White and Williams LLP 2000 Market St., 20th Floor White and Williams LLP 1515 Market St., Suite 1801 One Liberty Place Philadelphia, PA 19103 One Liberty Place Philadelphia, PA 19102 1650 Market St., Suite 1800 (215) 299-2011 1650 Market St., Suite 1800 (215) 977-7141 Philadelphia, PA 19103 [email protected] Philadelphia, PA 19103 [email protected] 215-864-6277 (215) 864-6354 [email protected] TREASURER [email protected] Gina Furia Rubel Wesley R. Payne IV Furia Rubel Communications, Inc. Section Representatives White and Williams LLP Rachel Gallegos 2 Hidden Lane, Building 2 One Liberty Place First Judicial District Doylestown, PA 18901 BUSINESS LAW SECTION 1650 Market St., Suite 1800 Room 535 City Hall (215) 340-0480 Barbara T. Sicalides Philadelphia, PA 19103 Philadelphia, PA 19107 [email protected] Pepper Hamilton LLP (215) 864-7076 (215) 686-4292 3000 Two Logan Square [email protected] [email protected] Brad V. Shuttleworth 18th and Arch Streets Alva & Associates Philadelphia, PA 19103 ASSISTANT TREASURER Nikki Johnson-Huston 1601 Market St., Suite 1001 (215) 981-4783 Mary F. Platt City of Philadelphia Law Department Philadelphia, PA 19103 [email protected] Griesing Law LLC 1515 Arch St., 15th Floor (215) 665-1695 1717 Arch Street, Suite 3630 Philadelphia, PA 19102 [email protected] CRIMINAL JUSTICE SECTION Philadelphia, PA 19103 (215) 683-5289 Kevin V. Mincey (215) 732-3923 [email protected] Dawn M. Tancredi Moody, Shields, Mincey & Fitzpatrick [email protected] Mattioni, Ltd. 1613 Spruce St. Natalie Klyashtorny 399 Market St., Suite 200 Philadelphia, PA 19103 CHAIR Nochumson P.C. Philadelphia, PA 19106 (215) 735-2400 Marc J. Zucker 123 S. Broad St., Suite 1600 (215) 629-1600 [email protected] Weir & Partners, LLP Philadelphia, PA 19109 [email protected] continued on page 15

14 Philadelphia Bar Reporter January 2013 philadelphiabar.org Buchanan Ingersoll & Rooney PC PHILADELPHIA LEGAL Section, Division Chairs Bar Leaders Two Liberty Place SECRETARIES ASSOCIATION continued from page 14 50 S. 16th St., Suite 3200 Flora Yarnall BUSINESS LAW Philadelphia, PA 19102 Reed Smith LLP Barbara Sicalides FAMILY LAW SECTION (215) 665-3843 1650 Market St. Pepper Hamilton LLP Meredith Brennan [email protected] Philadelphia, PA 19103 3000 Two Logan Square Momjian Anderer, LLC (215) 851-8135 18th and Arch Streets One Commerce Square PHILADELPHIA BAR ASSOCIATION [email protected] Philadelphia, PA 19103 2005 Market St., Suite 2040 EXECUTIVE DIRECTOR (215) 981-4783 Philadelphia, PA 19103 Kenneth Shear LEGAL MARKETING ASSOCIATION [email protected] (267) 546-3704 1101 Market St., 11th Floor METROPOLITAN PHILADELPHIA [email protected] Philadelphia, PA 19107 CHAPTER CRIMINAL JUSTICE (215) 238-6338 Richard Alonso James A. Funt PROBATE & TRUST SECTION [email protected] [email protected] Greenblatt, Pierce, Funt & Flores LLC Gordon M. Wase 123 S. Broad St., Suite 2500 Wase & Wase CHANCELLOR’S CABINET DELAWARE VALLEY LAW FIRM Philadelphia, PA 19109 123 S. Broad St., Suite 2170 APPOINTMENTS MARKETING GROUP (215) 972-1600 Philadelphia, PA 19109 Nikki Johnson-Huston Cheryl A. Disch [email protected] (215) 732-3426 City of Philadelphia Law Department Duane Morris LLP [email protected] 1515 Arch St., 15th Floor 30 S. 17th St. FAMILY LAW Philadelphia, PA 19102 Philadelphia, PA 19103 Michael E. Bertin PUBLIC INTEREST SECTION (215) 683-5289 (215) 979-1000 Obermayer Rebmann Maxwell & Hip- Sara Jacobson [email protected] [email protected] pel LLP Temple University Beasley School of Law One Penn Center, 19th Floor 1719 N. Broad St. Louis S. Rulli ABA Delegates 1617 John F. Kennedy Boulevard Philadelphia, PA 19122 University of Pennsylvania Law School Philadelphia, PA 19103 (215) 204-0661 3400 Chestnut St. Abraham C. Reich (215) 665-3280 [email protected] Philadelphia, PA 19104 Fox Rothschild LLP [email protected] (215) 898-3203 2000 Market St., 20th Floor REAL PROPERTY SECTION [email protected] Philadelphia, PA 19103 PROBATE AND TRUST LAW Richard L. Vanderslice (215) 299-2090 Susan G. Collings Richard L. Vanderslice, PC PHILADELPHIA BAR FOUNDATION [email protected] Drinker Biddle & Reath LLP 1445 Snyder Ave. PRESIDENT One Logan Square Philadelphia, PA 19145 Deborah R. Gross A. Michael Pratt 18th and Cherry Streets, Suite 2000 (215) 667-8070 Law Offices of Bernard M. Gross, P.C. Pepper Hamilton LLP Philadelphia, PA 19103 [email protected] Suite 450, John Wanamaker Building 3000 Two Logan Square (215) 988-2618 100 Penn Square East 18th & Arch Streets [email protected] STATE CIVIL LITIGATION SECTION Philadelphia, PA 19107 Philadelphia, PA 19103 Mark N. Cohen (215) 561-3600 (215) 981-4386 PUBLIC INTEREST Margolis Edelstein [email protected] [email protected] Amara S. Chaudhry The Curtis Center Council on American-Islamic Relations 170 S. Independence Mall W., Suite THE PHILADELPHIA LAWYER PBA Zone 1 Governor 1218 Chestnut Street, Suite 510 400E EDITOR-IN-CHIEF Philadelphia, PA 19107 Philadelphia, PA 19106 Justine Gudenas Sayde J. Ladov (215) 592-0509 (215) 931-5848 344 S. Smedley St. Dolchin, Slotkin & Todd, P.C. [email protected] [email protected] Philadelphia, PA 19103 50 S. 16th St., 35th Floor (215) 731-0715 Philadelphia, PA 19102 REAL PROPERTY TAX SECTION [email protected] (215) 665-3511 Richard L. Vanderslice Howard S. Goldberg [email protected] Richard L. Vanderslice, PC Pepper Hamilton LLP PHILADELPHIA BAR REPORTER 1445 Snyder Ave. 3000 Two Logan Square EDITOR-IN-CHIEF Counsel Philadelphia, PA 19145 18th and Arch streets Heather J. Austin (215) 667-8070 Philadelphia, PA 19103 Wilson Elser Moskowitz Edelman & Lawrence J. Beaser [email protected] (215) 981-4955 Dicker LLP Blank Rome LLP [email protected] Independence Square West One Logan Square STATE CIVIL LITIGATION The Curtis Center 130 N. 18th St. Michael F. Barrett WORKERS’ COMPENSATION Suite 1130 East Philadelphia, PA 19103-6998 Saltz, Mongeluzzi, Barrett & Bendesky, SECTION Philadelphia, PA 19106 (215) 569-5510 P.C. Hon. Michael Snyder (ret.) (215) 606-3904 [email protected] One Liberty Place Dispute Resolution Institute [email protected] 1650 Market St., 52nd Floor Two Logan Square Parliamentarian Philadelphia, PA 19103 18th and Arch Streets, Suite 660 PHILADELPHIA ASSOCIATION (215) 575-2986 Philadelphia, PA 19103 OF PARALEGALS Michael B. Hayes [email protected] (215) 656-4374 Judy Stouffer Montgomery, McCracken, Walker & [email protected] Berner, Klaw & Watson Rhoads, LLP Butler Buchanan 1528 Walnut St., Suite 1100 123 S. Broad St., 24th Floor Marshall, Dennehey, Warner, Coleman Ex-OfficioM embers Philadelphia, PA 19102 Philadelphia, PA 19109 & Goggin, P.C. (215) 790-8800 (215) 772-7211 2000 Market St., Suite 2300 Rudolph Garcia [email protected] [email protected] continued on page 16 philadelphiabar.org January 2013 Philadelphia Bar Reporter 15 pro bono spotlight: hias pennsylvania Survivor of Liberian Civil War Gains Asylum n By Jason Leckerman outbreak of civil war, she worked as a than pursue asylum while the events were of repeated procedural setbacks and her nurse, and lived with her husband and ripe and with the TPS safety net, her then willingness to confront and conquer her Jane’s first interaction with HIAS children. War wrecked her life. She counsel, with the cooperation of the im- horrific past continue to inspire us. We Pennsylvania was when she provided suffered extreme violence, humiliation migration judge, had Jane’s file admin- are better people and better lawyers for testimony for the Liberian Truth and and threats. She witnessed the murder istratively closed. For years, it remained having met her. Reconciliation Commission. The Com- of friends and family. Before the rebels that way. Despite the uncertainty, Jane Postscript: Jane sent HIAS Pennsyl- mission was set up to gather statements raped her, her husband was nearly killed. established a life and roots for her family. vania an e-mail after her asylum was from victims of the Liberian civil war as After the rape, she thought for certain Sadly, her marriage unraveled; Jane at- granted. These were her exact words: part of the healing process. Jane broke she would be killed. The others were. tributes their problems to the past trauma “It last I have seen the face of justice. down several times in describing what Amazingly, she put her life back together, she suffered. I was granted asylum after 13 years of happened. Oddly, her case for asylum giving birth to a daughter and trying to As TPS neared expiration, and emotional journey. At some point I never had been closed for years. HIAS Pennsyl- leave the past behind. But soon the fragile Congress refused to grant legal status to thought this day was ever going to come. vania referred the matter to us at Ballard balance came undone. Some years later, Liberians, Jane decided to act. She found The decision today made me feel like I Spahr LLP. the man who raped her saw her on the HIAS Pennsylvania and then Ballard have finally looked my rapist in his face When we met her, Jane’s ordeal was streets. Recognizing her immediately, he Spahr. I lead a team of Ballard attorneys. and this time without fear. I imagine tell- in its 19th year. She described a series of said he was surprised she was still alive. We were also fortunate that Dr. Judy ing him, ‘You will no longer rape me; it is terrifying events that began in 1989 in He was now a soldier. She knew he would Eidelson, a psychologist experienced in over. I am somewhere safe where you will Liberia. She also described 11 years in a try to find her. When he did, she was evaluating victims of torture, provided a never find me and if you ever think of state of limbo in the United States. She gone. She fled to the U.S., pregnant and compelling report, detailing the impact finding me the law in this other country had a job with the state helping disadvan- alone. the war and rape had on Jane. will protect me from you.’ I got the help taged youth. She was raising three chil- Jane quickly applied for asylum. While At first, the court resisted re-calen- I needed to cross my river of sorrow and dren. In every encounter, she was upbeat the application was pending, President daring Jane’s case and her application experience the joy I once know; the joy and certain in her belief that, together, we Bush issued an order granting Liberians languished for more than a year after the rebels stole from me 21 years ago…. would win asylum. The result took two Temporary Protected Status (TPS) – a we took over representation. Her fears The team I had working on this case more years. status that allowed them to work legally escalated when she was nearly taken into (Jason, Ruth and Dee) were wonderful. Jane grew up in Liberia. Before the and protected against deportation. Rather custody – but for our intervention. Her Just having them at my side and going courage and belief, however, paid off. She through the process with me made the won asylum, and obtained asylum for her journey a lot easier, …they saw my pain, children as well. She has received excellent hurt and trauma and were willing to give care to deal with extreme post-traumatic it their all to bring me to the finish line. stress. Her family is settled and thriving. Today we crossed the finish line together My Ballard Spahr colleagues who when I was granted asylum.” worked with our friend Jane – Ruth Uselton and Dee Spagnuolo – have been Jason Leckerman (leckermanj@ballardspahr. fundamentally affected by our work com) is a partner with Ballard Spahr LLP. with her. Her persistent hope in the face

[email protected] Bar Leaders continued from page 15 Lauri A. Kavulich O’Hagan Spencer Philadelphia, PA 19103 1818 Market St., Suite 3750 (215) 575-2661 Philadelphia, PA 19103 [email protected] (215) 569-2400 [email protected] TAX Howard S. Goldberg Adam M. Taylor Pepper Hamilton LLP Disability Law Advocates Group, P.C. 3000 Two Logan Square 1617 John F. Kennedy Boulevard, Suite 18th and Arch Streets 335 Philadelphia, PA 19103 Philadelphia, PA 19103 (215) 981-4955 (215) 563-0600 [email protected] [email protected]

WORKERS’ COMPENSATION YOUNG LAWYERS DIVISION Judge Stephen J. Harlen Aneesh A. Mehta Workers’ Compensation Office Volpe and Koenig, P.C. of Adjudication United Plaza, 30 S. 17th St. 118 N. 8th St., 4th Floor Philadelphia, PA 19103 Philadelphia, PA 19107 (215) 568-6400 (215) 560-2488 [email protected]

16 Philadelphia Bar Reporter January 2013 philadelphiabar.org CALENDAR OF EVENTS

Note: While the following listings have been verified prior to press time, any scheduled mittee: meeting, 12 p.m., 11th floor 5:30 p.m., Westin Philadelphia, 99 S. event may be subject to change by the committee or section chairs. Lunches are $8 for mem- Committee Room South. 17th St. Tickets: philadelphiabar.org. bers and $12 for nonmembers, unless otherwise indicated. Friday, Jan. 18 Monday, Jan. 28 Tuesday, Jan. 1 Tuesday, Jan. 15 The Philadelphia Lawyer magazine Edi- Young Lawyers Division Executive Com- New Year’s Day: Bar Association offices Civil Gideon Task Force Housing Work torial Board: meeting, 12:30 p.m., 11th mittee: meeting, 12 p.m., 10th floor closed. Group: meeting, 9 a.m., 10th floor floor Committee Room South. Board Room. Thursday, Jan. 3 Board Room. Cabinet: meeting, 12 p.m., 10th floor Monday, Jan. 21 Tuesday, Jan. 29 Philadelphia Bar Reporter Editorial Board Room. Dr. Martin Luther King Jr. Day: Bar As- Criminal Justice Section: meeting, 12 Board: meeting, 12:30 p.m., 10th floor Criminal Justice Section Executive Com- sociation offices closed. p.m., 11th floor Conference Center. Cabinet Room. mittee: meeting, 12 p.m., 11th floor Thursday, Jan. 24 Lunch: $8. Chancellor’s Reception: 5 p.m., Hyatt at Lawyer Referral and Information Service Committee Room South. Board of Governors: meeting, 4 p.m., The Bellevue, Broad and Walnut streets. Committee: meeting, 12 p.m., 11th Wednesday, Jan. 16 10th floor Board Room. Monday, Jan. 7 floor Committee Room South. Federal Courts Committee: meeting, Business Law Section Annual Reception: Family Law Section: meeting, 12 p.m., 12:30 p.m., 11th floor Conference Cen- Family Court, 34 S. 11th St. Training Register online for most events at philadelphiabar.org. Unless otherwise specified, all checks ter. Lunch: $8. Room. for luncheons and programs should be made payable to the Philadelphia Bar Association and LegalLine: 5 p.m., 11th floor LRIS mailed to Bar Headquarters, 1101 Market St., 11th fl., Philadelphia, PA 19107-2955. Send Wednesday, Jan. 9 offices. Bar Association-related calendar items 30 days in advance to Jeff Lyons, Senior Managing Edi- Delivery of Legal Services Committee: Thursday, Jan. 17 tor, Philadelphia Bar Reporter, Philadelphia Bar Association, 1101 Market St., Philadelphia, meeting, 8:30 a.m., 10th floor Board Family Law Section Executive Com- PA 19107-2955. Fax: (215) 238-1159. Email: [email protected]. Room.

his personal experience as a refugee, and cultures, the word for blue is the same word Diversity from his work at the District Attorney’s for purple and green. Podcast continued from page 8 office. Chea noted in some cultures there The seminar concluded by showing a is a tendency to avoid making eye contact clip from the movie “Crash” that depicted Spotlight The panel also explained why attorneys out of respect for authority, which a judge racial profiling by police. In discussing this Visit philadelphiabar.org for should be sensitive to the ethnic back- or jury in our culture may not understand. scene, several of the attorneys said that they a podcast from this event. grounds of their clients. Even if the lawyer Other cultural differences that may be have represented clients in similar matters, can obtain a good legal result, it is still relevant in dealing with clients of diverse and the most important thing to the client Use your possible that the client could benefit from, backgrounds include attitudes towards pri- is often having the opportunity to tell their QR code for example, receiving therapy or attending vacy, body language, tone of voice, and the stories in court – regardless of whether they reader a parenting class taught in a non-English extent to which people may visibly display ultimately win or lose. to link language. their emotions. He discussed how certain directly Panelist Matthew Chea offered a unique language barriers can lead to interpreter er- Benjamin F. Johns ([email protected]) is an to this resource. perspective on cultural awareness based on rors; for example, in certain Southeast Asian associate with Chimicles & Tikellis LLP.

of courtesy in all communications; be- respected profession where courtesy and colleagues. Frontline ing mindful of the schedules of others; civility are observed as a matter of course. It is our duty, as members of the legal continued from page 3 honoring all promises and agreements; The Code was amended in 2005 to profession and as educators of future and attempting to reconcile differences expand a lawyer’s duty to conduct his or generations of lawyers, to ensure that The Principles are meant as guidelines and resolve disputes through negotia- her dealings with other lawyers in a civil integrity and responsible professional to help judges and lawyers promote and tion, expeditiously and without needless manner. conduct are fundamental to the practice achieve the twin goals of professionalism expense. The Code is not part of the Rules of of law and the administration of justice. and civility. They are designed to encour- One might say that Washington was Professional Conduct and therefore is As we turn the calendar on a new year, age judges and lawyers to meet their ahead of his time and that our Bar was not a basis for professional discipline, but this provides an excellent opportunity to obligations of civility and professionalism ahead of its time. Approximately two it outlines the expectations the Supreme remember our past, which can instruct to each other, to litigants and the justice months after our Principles of Profession- Court has established for lawyers’ conduct our future course of action. There is no system. alism were adopted, on Dec. 6, 2000, the in the practice of law. better time to renew your commitment to Similar to the Rules of Civility fol- Supreme Court of Pennsylvania adopted It encourages lawyers and judges to civility and professionalism, and embrace lowed by Washington, the Philadelphia a Code of Civility. make a voluntary and mutual commit- them as your guiding principles. Bar Association’s Principle 1 sets the tone: The Code is designed to assist lawyers ment to meeting their civility obligations They are the very essence of being a “Treat with civility, courtesy and respect and judges in how to conduct themselves toward each other and the judicial system. successful lawyer. judges, parties, court officers and staff, in a matter that preserves the dignity More recently, the legal profession has counsel and witnesses in oral and written and honor of the judiciary and the legal seen the development of Inns of Court Kathleen D. Wilkinson (Kathleen.Wilkin- communications.” profession. where more senior lawyers along with [email protected]), a partner with Wilson The other principles adopted by the The Code is also intended to encour- judges meet with younger attorneys Elser Moskowitz Edelman & Dicker LLP, is Board of Governors touch on several age lawyers and judges to practice civility regularly. Many Inns work on issues of Chancellor of the Philadelphia Bar Associa- other areas that were also considered by and decorum by confirming the legal civility and professionalism, which has tion. Washington, including the importance profession’s status as an honorable and done much to renew respect toward our philadelphiabar.org January 2013 Philadelphia Bar Reporter 17 PNC Perspectives Expecting to Remain on Recovery Path in 2013 In this month’s inter- this as illustrative of deep view, I sat down with By Jackie B. Lessman woes for countries such E. William Stone, chief as Portugal. Spain’s and investment strategist for Italy’s yields escalated in PNC Wealth Manage- 2012 but seem to have ment® and PNC Insti- calmed since September. nally under way. The outlook for housing way to go to get to a healthier pace. tutional Investments®, Second, according appears promising, and while it is likely Do you have any advice for investors who keeps a close eye on to the Congressional to be a small contributor in the overall as we begin the New Year? the many factors that Budget Office, the col- picture in 2013, it can help provide an Heading into 2013, we believe that influence the direction lection of tax changes offset to slowdowns in other areas. New the U.S. economy will continue on a of both domestic and and spending cuts that and existing home sales are both on up- path of recovery through 2013. Still, international financial are scheduled to take ward trajectories. Mortgage rates continue we recognize the need for investors to markets. We discussed effect at the beginning of to be at very low levels, which bodes well be agile and diligent. The S&P 500® his outlook for the new year. 2013 would result in the U.S. economy for housing affordability. Home prices has moved toward catching up with the The economy seems to be at the slipping into recession. The longer the also appear to be on a firmer and upward strong earnings growth from 2011; yet forefront of everyone’s mind these days. president and Congress take to hash out path. from a long-term perspective, valuations What do you see coming in 2013 in a solution, the greater the odds the U.S. Next, we look at consumer spending. remain modest. We believe that investors terms of economic recovery for the fiscal situation will unhinge the economic While consumers still have a way to go should focus primarily on valuation and U.S.? progress made during the past three years. to fully repair their financial conditions, fundamental factors, keeping in mind We believe 2013 will be another year Finally, the jobs picture in the United one thing is clear: consumers owe less their longer-term expectations, goals, and of disappointingly slow economic growth States has the biggest causal relationship than they did during the financial crisis. risk tolerance when making asset alloca- but of expansion nonetheless. It is our to a slow economy. Tracing back, the cur- The improvement in consumers’ bal- tion decisions. view that the economy and markets are rent unemployment rate of 7.9 percent ance sheets alone, though, is not enough significantly improved from the dark days is significantly improved from the 10 to sustain 2011’s pace of spending. We Jackie Byrne Lessman, CFP® (jacqueline.less- of the Great Recession. However, there percent peak reached in October 2009. believe the cure for maintaining healthy [email protected]) is a senior vice president with are challenges that may make it feel like However, job growth remains slow, keep- spending will be increasing incomes PNC Wealth Management. For more infor- they are plodding along in the same place ing the unemployment rate well above through stronger job growth. We believe mation, visit pnc.com/wealthmanagement in 2013. pre-recession levels. Through October consumer spending will not grow What kind of challenges? 2012, just over half of the jobs lost dur- significantly faster than overall GDP for The material presented in this article is of a general nature and does not constitute the provision by PNC of investment, legal, As we consider the markets in 2013, ing the recession have been recovered. a sustained period through 2013, but tax or accounting advice to any person, or a recommendation to we focus on three threats we believe (Source: Bureau of Labor Statistics) consumers will still make an important buy or sell any security or adopt any investment strategy. Opin- are most troubling to investors. First, What indicators help you assess the contribution to overall economic growth. ions expressed herein are subject to change without notice. The pace of our economic recovery? information was obtained from sources deemed reliable. Such reverberations from a downturn in Finally, jobs are key to the continued information is not guaranteed as to its accuracy. You should seek Europe on the global economy remain a We have used three main sustainability sustainability of the economic recovery the advice of an investment professional to tailor a financial plan threat, adding to the uncertainty plaguing indicators that have been very effective as and remain the biggest impediment to to your particular needs. For more information, please contact markets. Bond spreads in Europe, where we monitor our economic recovery. First the economic recovery in our opinion. PNC at 1-888-762-6226. The PNC Financial Services Group, Inc. (“PNC”) uses the names member nations had tended to trade is housing. Economists now are able to Even modest job growth and small im- PNC Wealth Management®, PNC Institutional Investments® parallel, began to diverge in 2010. We see ascertain that the housing recovery is fi- provements in the unemployment rate are and Hawthorn PNC Family WealthSM to provide investment and beneficial in terms of consumer spend- wealth management, fiduciary services, FDIC-insured banking products and services and lending of funds through its subsid- ing, confidence, and the housing market. iary, PNC Bank, National Association, which is a Member FDIC, Considering the long-run unemployment and uses the names PNC Wealth Management® and Hawthorn rate is estimated to be around 5.2 to 6 PNC Family WealthSM to provide certain fiduciary and agency services through its subsidiary, PNC Delaware Trust Company. percent, according to the Federal Re- PNC does not provide legal, tax or accounting advice. Invest- serve’s September 2012 long-run central ments: Not FDIC Insured. No Bank Guarantee. May Lose Value. tendency forecast, the United States has a © 2012 The PNC Financial Services Group, Inc. All rights re- served.

Media only can you be an expert in an indi- continued from page 5 vidual practice area, but you can supply context. Remember that reporters aren’t the story, or a brief sound bite gets right lawyers and need legal background infor- to the point. Jubelirer cautioned that mation, which you are able to provide. radio is the most underrated medium Posting articles and thoughts on social that is not taken full advantage of. If you media, building connections and moni- are concerned that no one listens to the toring news is vital. Jubelirer reminded radio, repurposing the clip can still be to “endorse and share” – the more you highly beneficial. One can always take a help others get their information out, the link, send it out, or post it on a website as more they will help you. a great way to gain exposure and credibil- ity. Radio stations are often looking for Annie M. Kelley ([email protected]. a local expert or availability to talk about gov) is a judicial law clerk to Philadelphia things that are going on in the news. Not Court of Common Pleas Judge Albert J. Snite Jr.

18 Philadelphia Bar Reporter January 2013 philadelphiabar.org Mary Gay Scanlon, Jerel Hopkins, pro bono counsel at associate general People Ballard Spahr LLP, counsel at Delaware was honored by Investments, has the Education Law been appointed to Center of Pennsylva- the Board of Trustees Katayun I. Jaffari, a Alan Wong, an asso- nia for her educa- of the Philadelphia partner with Ballard ciate with Kleinbard tion advocacy work College of Osteo- Spahr LLP, has been Bell & Brecker LLP, at ELC’s annual pathic Medicine. named secretary of recently joined the fundraiser. the Board of Direc- Bethesda Project’s Nina M. Gussack, a partner with Pepper tors of the Sclero- Young Professional Alexandra Bak-Boychuk, an associate Hamilton LLP, has been selected as the derma Foundation, Advisory Board. with Ballard Spahr LLP, has been selected recipient of the 2013 Rainmaker Award Delaware Valley by The Forum of Executive Women as a by the Transformative Leadership Awards Chapter. Nelson Diaz, a partner with Dilworth mentee in the organization’s 2013 Men- Committee. The award honors law firm Paxson LLP, was honored at the Eleventh toring Program. partners and general counsel who have Allison Wheeler, Annual Latino Trendsetter Awards on demonstrated commitment to advancing an associate with Nov. 27 at The Metropolitan Pavilion in William H. Clark Jr., a partner with the empowerment of women in corpo- Pond Lehocky, was a New York City. partner at Drinker Biddle & Reath, rate law. guest speaker on the LLP, received the inaugural W. Edward “Women in Law” Paul M. Schmidt, a shareholder with Sell Business Lawyer Award from the Brenda Hustis panel discussion on Zarwin Baum DeVito Kaplan Schaer Pennsylvania Bar Association Business Gotanda, a partner Nov. 28 to the Uni- Toddy, P.C., has been appointed to the Law Section with Manko, Gold, versity of Pennsylva- Board of Directors of Greater Philadel- Katcher & Fox, LLP, nia’s Pre-Law Women organization. phia Clean Cities, Inc. Kevin B. Scott, a partner with Fox Roth- has been appointed schild LLP, joined a panel of college and to serve as a member Shanese I. Johnson, Neil A. Stein, a prin- university presidents, compliance officers of the Delaware Val- a principal at Sha- cipal with Kaplin and board members for the discussion ley Green Building nese I. Johnson & Stewart Meloff “Organizational Ethics: Risk & Crisis Council’s Host Committee for Green- Associates, P.C., was Reiter & Stein, P.C., Management Practices for Colleges & build 2013. a presenter at the served as a judge for Universities” presented by the Greater Pennsylvania Bar the American Bar Philadelphia Chamber of Commerce at William E. Hoese, a shareholder with Institute seminar Association’s Client Villanova University on Dec. 3. Kohn, Swift, & Graf, P.C., presented “The Nuts and Bolts Counseling Compe- “Smith v. Bayer and New Life for Repeti- of Running a Family Law Practice” on tition on Nov. 17 at the Temple Univer- Lewis F. Gould Jr., a tive State Court Class Actions” at The Nov. 27. sity Beasley School of Law. partner with Duane Second Annual Comprehensive Confer- Morris LLP, has ence on Litigating Class Action on Dec. Michael A. Morse, a Daniel J.T. McKenna, an associate with been appointed by 6-7 in Chicago. partner with Pietra- Ballard Spahr LLP, was recently elected to the Pennsylvania gallo Gordon Alfano the Board of Directors of Clarifi, a non- Supreme Court as Donald W. Kramer, Virginia P. Sikes, Bosick and Raspanti, profit organization that assists consumers a board member of Catherine H. Gillespie, William L. Kings- LLP, presented at struggling with debt. the Pennsylvania bury and John M. Myers of Montgomery the Thirteenth An- Lawyers Fund for Client Security. McCracken Walker & Rhoads LLP were nual Pharmaceuti- Evan Y. Liu, M.D., and Royce W. Smith of panelists for the seminar “22nd Annual cal Regulatory and Feldman Shepherd Wohlgelernter Tan- Vivian Luckiewicz, a paralegal with Archer This Year in Nonprofit Law” on Nov. 28. Compliance Congress and Best Practices ner Weinstock & Dodig LLP presented & Greiner P.C., has been elected to the Forum in Washington, D.C. on Nov. 6. “Social Media & Ethics” and “Ethical Board of Directors of the Philadelphia Leonard P. Gold- Considerations of Social Media Market- Association of Paralegals. berger, a shareholder Jean C. Hemphill, a partner with Bal- ing” at Temple University’s Fort Washing- with Stevens & Lee lard Spahr LLP, co-authored an updated ton campus on Nov. 17. Anthony S. Volpe, P.C., lectured on edition of the Employer’s Guide to a founding share- Chinese investments Health Care Reform, which was released Lorena E. Ahumada, holder of Volpe and in the United States by Wolters Kluwer Law & Business in an associate with Koenig, P.C., has at the “Rule of Law November. Kleinbard Bell & been appointed to in China” program Brecker LLP, has a one-year term on at Tsinghua University School of Law in Joseph M. Manko, been selected by the the Philadelphia Beijing on Nov 29. a founding partner Delaware Valley’s University’s School of Manko, Gold, Most Influential of Design and Engineering Advancement nN ames ARE NEWS Katcher & Fox, LLP, Latinos Founda- Council. presented “New tion as one of the “People” highlights news of members’ Requirements for 2012 Delaware Valley’s Most Influential Joseph D. Mancano, a awards, honors or appointments of a community or civic nature. Information Benchmarking and Latinos award recipients. partner with Pietra- gallo Gordon Alfano may be sent to Jeff Lyons, Senior Manag- Reporting Energy ing Editor, Philadelphia Bar Reporter, Samuel H. Pond Jerry M. Lehocky Bosick and Raspanti, and Water Usage in and , Philadelphia Bar Association, 1101 Market LLP, presented at Commercial Buildings in Philadelphia partners with Pond Lehocky, discussed St., 11th fl., Philadelphia, PA 19107-2955. – What Real Estate Lawyers Need to proposed changes to Pennsylvania’s the Forensic & Fax: (215) 238-1159. E-mail: reporter@ Know” at the Pennsylvania Bar Institute’s Workers’ Compensation Act at the Litigation Services philabar.org. Color photos are also 16th Annual Real Estate Institute on Pennsylvania Chiropractic Association Conference in King welcome. Dec. 5. meeting on Nov. 29. of Prussia, Pa., on Nov. 28. philadelphiabar.org January 2013 Philadelphia Bar Reporter 19 20 Philadelphia Bar Reporter January 2013 philadelphiabar.org