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The Monthly Newspaper of the Philadelphia Bar Association Vol. 45, No. 12 December 2016

ANNUAL MEETING LUNCHEON

Board Honors Gross to Outline 2017 Plans Paul J. Kazaras as She Becomes 90th Chancellor for His Service to the Legal Q By Meredith Z. Avakian-Hardaway Community Chancellor-Elect Deborah R. Gross, of counsel to Kaufman, Coren & Ress, P.C., will outline her plans for 2017 at The Board of Governors unani- the Philadelphia Bar Association’s Annual Meeting Luncheon at mously adopted a resolution on Nov. 15 the Hyatt at The Bellevue on Wednesday, Dec. 7. conveying its deepest gratitude to Paul J. Gross, who is ascending to serve as our 90th Chancellor, is a Kazaras for his distinguished service to champion for Philadelphia’s public interest legal community and the legal profession and the community, firmly believes in the importance of giving back. and congratulated him on his service to Gross concentrates her practice on plaintiffs’ securities fraud, the Philadelphia Bar Association. antitrust and consumer class actions litigated throughout the After more than 37 years of exemplary country, and has also arbitrated a number of cases on behalf of service to the legal profession and the investors who have disputes with their brokers. public, Kazaras has decided to leave his In addition to serving a two-year term as the president of the continued on page 13 Philadelphia Bar Foundation - including its 50th anniversary year - she has been a trustee of the Foundation for the past 12 years. Gross also has served as chair of the Philadelphia Bar Association’s Federal Courts Committee and has helped to organize the Federal Bench-Bar Conference. Gross graduated from the Wharton School of the University of Pennsylvania and Boston University School of Law and is the proud mother of three adult children. She and her husband, Philadelphia Bar Association Stuart Kurtz, who is an attorney and co-founder of Kurtz and Annual Gold Sponsor Revness, P.C., live in Gladwyne, Pa. Also at the luncheon, the PNC Achievement Award will be Chancellor-Elect Deborah R. Gross will present her inaugural presented to both Jay G. Ochroch, partner at Fox Rothschild LLP, remarks at the Dec. 7 Annual Meeting Luncheon at the Hyatt and Manny D. Pokotilow, senior counsel at Caesar Rivise, PC. at The Bellevue. In This Issue Ochroch is a member of the Board of Directors and the Execu- 2 Expungement Clinic tive Committee of the Consumer Bankruptcy Assistance Project. mittee that began the mediation program for the U.S. District Since 1998, he has represented 113 individuals, all within the pov- Court for the Eastern District of Pennsylvania. In its first three 7 Korean Delegation erty guidelines, unable to afford legal counsel and the high costs years alone, the program saved the court thousands of trial hours. of Chapter 7 bankruptcy. These pro bono clients face financial Pokotilow also founded the annual Philadelphia Bar Association 8 Workers’ Compensation challenges arising from unanticipated catastrophic life events. 5K in 1979. Since its first run in 1980, the race has raised approxi- 12 Pokotilow was a founding member of and served on the com- continued on page 13 Giants of the Bus. Bar 17 Quick Bites WE ARE THE LAW FIRM FOR INJURED WORKERS. 215.587.8400 MartinLawWorkersComp.com

Workers’ Compensation | Social Security Disability | Long-Term Disability | Veterans Benefits YlD expungeMent clinic Clinics Across Philadelphia Changed Lives Nov. 12 n By Emily Ashe

A Grays Ferry resident who had his petition finalized described it as “beautiful.” A woman was elated to find out that her corruption of a minor charge was eligible for expungement – she had been barred from volunteering at her child’s school due to this charge showing up on her FBI background check. She was excited that she would be able volunteer with her child. On Saturday, Nov. 12, more than 100 local attorneys, paralegals, law Rogers students and other volunteers staffed E. six locations throughout Philadelphia Thomas to volunteer for the Philadelphia Bar by

Association Young Lawyers Division’s Photo inaugural Expungement Clinic. The John Coyle, co-chair of the Young Lawyers Division Expungement Clinic (center), and Chancellor Gaetan J. Alfano were YLD partnered with Rep. Jordan Harris, interviewed by NBC10’s Monique Braxton at Vare Recreation Center in Philadelphia’s Point Breeze neighborhood on Nov. 12. the City of Philadelphia’s Office of the Mayor, Community Legal Services, the up for the clinic. According to the U.S. the repercussions of having a criminal inal record. Though our justice system’s Office of the District Attorney of the Department of Justice, an estimated 100 record: it is common for an individual cornerstone is “innocent until proven City of Philadelphia and the Philadelphia million American adults carry a criminal with a record to have difficulty obtain- guilty,” an individual cannot be presumed Court of Common Pleas to help process record. This equates to approximately ing housing, a job and escaping poverty. innocent when they are haunted by a expungement petitions. More than 1,800 400,000 individuals in the Philadelphia Many are surprised to learn that even criminal record. individuals with criminal records signed area alone. Most people are unaware of non-conviction charges remain on a crim- continued on page 12

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Editor-in-Chief Mary-Kate Martin, Esq. Is a Sales Tax on Legal Services Associate Editors Regina M. Parker, Esq. Inevitable in Pennsylvania? Julia Swain, Esq. Annie Kernicky, Esq. Lauren A. Strebel, Esq. Elisa C. Advani, Esq. By Gaetan J. Alfano During the 2015-16 Com- been eliminated in that chamber. In the House, a veto-proof Maureen M. Farrell, Esq. monwealth legislative session, majority, although not achieved, is close. Enrique Marquez, Esq. this Association campaigned Second, there is a consensus emerging among lawmakers and Stephanie Kammer, Esq. vigorously against Senate policy experts that the Commonwealth may be facing a struc- Bill 76. This Bill would have tural deficit of as much as $3 billion in the 2017-18 fiscal year. Director of Communications imposed a sales tax on most Revenue in the current fiscal year is below projections. Thus, the and Marketing Meredith Z. Avakian-Hardaway legal services. SB 76 was Commonwealth’s financial condition will compel consideration of spearheaded by conservative new and/or increased taxes in the 2017-18 session. Executive Director legislators from Central and The Philadelphia Bar Association will remain vigilant and Mark A. Tarasiewicz Western Pennsylvania who were oppose any legislative efforts to enact a sales tax on legal services. The Philadelphia Bar Reporter (ISSN 1098- seeking to eliminate school Throughout the year, I have stressed the importance of mem- 5352) is published monthly and available by property taxes and to replace bership in the Philadelphia Bar Association. Advocating for our subscription for $45 per year by the Philadel- them – inadequately – with an lawyer members is at the heart of what we do. phia Bar Association, 1101 Market St., 11th floor, Philadelphia, PA 19107-2911. Periodicals expanded sales tax. While my year is coming to a close, the important work of this postage paid at Philadelphia, PA POSTMASTER: We pointed out that a sales tax is designed to be a tax on Association goes on. I hope you will support incoming Chancel- Send address changes to Philadelphia Bar Re- porter, c/o Philadelphia Bar Association, 1101 voluntary purchases, while the acquisition of legal services is rarely lor Debbie Gross with your membership and engagement on Market St., 11th floor, Philadelphia, PA 19107- voluntary. We noted that the proposed “business-to-business” this critical issue. Thank you for your continued support of the 2955. Telephone: (215) 238-6300. Association exception to the tax would result in an imbalance of power in Philadelphia Bar Association. Web site: philadelphiabar.org. Newspaper e- mail address: [email protected]. The edi- litigation between individuals and corporations. We argued that torial and other views expressed in the Phila- a sales tax on legal services would make Pennsylvania law firms Gaetan J. Alfano ([email protected]), partner at Pietragallo Gor- delphia Bar Reporter are not necessarily those less competitive than law firms in other states, costing jobs and don Alfano Bosick & Raspanti, LLP, is Chancellor of the Philadelphia of the Association, its officers or its members. Advertising rates and information are available impacting firm revenues. Bar Association. from Don Chalphin at American Lawyer Media, Through our Legislative Action Center, members sent hun- 1617 JFK Boulevard, Philadelphia, PA, 19103. Telephone: (215) 557-2359 or e-mail dchal- dreds of letters and messages to legislators urging them to vote [email protected]). against the Bill. When the Bill came up for consideration in November 2015, the Senate vote was a cliffhanger: 24 senators voted in favor of the sales tax on legal services, while 24 senators opposed the measure. We applauded when Lieutenant Governor Stack cast the tie- breaking vote to defeat the Bill. In March of this year, we met with the sponsors of SB 76 and, on behalf of our members, expressed our strong opposition to a tax on legal services. Tell Us While we considered this outcome to be a great victory for our What You Think! members, the victory may only have been temporary. First, the results of the November General Election have tilted The Philadelphia Bar Reporter wel- the General Assembly in favor of proponents of the sales tax on comes letters to the editors for publi- legal services. In the Senate, Republicans have gained a veto-proof cation. Letters should be typed. There majority. Consequently, any hope of a gubernatorial veto has is no word limit, but editors reserve the right to condense for clarity, style and space considerations. Letters YLD EXPUNGEMENT must be signed to verify authorship, but names will be withheld upon re- CLINIC NOV. 12 quest. Letters may be mailed, faxed or e-mailed to: Thomas E. Rogers, Senior Chancellor Gaetan J. Alfano and Debby L. Managing Editor, Philadelphia Bar Freedman, executive director, Community Legal Reporter, Philadelphia Bar Association, Services, at Vare Recreation Center in the Point 1101 Market St., 11th floor, Philadel- Breeze neighborhood of Philadelphia. Vare phia, PA 19107-2955. Phone: (215) Recreation Center was one of six locations of 238-6345. Fax: (215) 238-1159. E-mail: the Nov. 12 Expungement Clinic hosted by the [email protected]. Young Lawyers Division in partnership with Rep. Jordan Harris, the City of Philadelphia’s Office of the Mayor, Community Legal Services, the Office of the District Attorney of Philadelphia and the Philadelphia Court of Common Pleas. Full coverage on PAGE 2.

PhiladelphiaBar.org December 2016 Philadelphia Bar Reporter 3 YLD Update Chair Asks Bar to Not Write off This Generation

By Erin E. Lamb It has been a great personal commitment and professionalism, especially in prosperity is firmly based in government institutions that honor to serve as chair regards to the Expungement Clinic. I must thank Tracey are unavailable to us. The sacrifices of my generation are of the Philadelphia Bar McCloskey and Dawn Petit for their support not only continued on page 18 Association’s Young this year but in all my five years as a member of the Asso- Lawyers Division. ciation, especially with Law Week. Whether it is through The details of the Expungement Law Week, the High Clinic would have been overlooked School Mock Trial without Tara Phoenix, Paul Kazaras Tournament, Legal and Tracey McCloskey, and I learned Advice Live or Ronald to be a better Chair and person from McDonald House, watching Charlie Klitsch deftly and the Association’s main gently guide us through whatever interaction with the proposals for bylaws or resolutions we public falls on our shoulders. This year, I am very proud sent his way. All staff rose to the occa- that we added an Expungement Clinic to modernize the sion on the day of the Expungement services that we provide to Philadelphia’s citizens. The Clinic and for that I am immensely tremendous amount of time and effort required to pull grateful. off these events is donated largely by the members of the A theme of my message is that my Photo by Thomas E. Rogers Executive Committee of the Young Lawyers Division, as generation has been dealt a bad hand. A few times each year, members of the Young Lawyers Division (YLD) well as our friends and colleagues. I am incredibly grate- We are the focus of endless negative serve dinner to families of Children’s Hospital of Philadelphia patients ful for the dedication of my committee members and our commentary on helicopter parenting, who are staying at Ronald McDonald House in West Philadelphia. greater membership. None of my accomplishments as work ethic, resilience, living quarters, chair would have been possible without you. politics, work habits and more. This is Above: YLD members (back row, left to right) Daniel J. Gillin, Stefanie I also had the help and support of a deeply dedicated particularly frustrating coming from a L. Anderson, Christine M. Hanhausen, Ernest D. Holtzheimer, (front Association staff. I would like to thank Meredith Z. generation that went from Woodstock row, left to right) Brandon R. Sher, Lauren A. Friedberg, Caroline Fitzgerald, Erin McKenna and Shannon K. Gaughan at Ronald McDonald Avakian-Hardaway, Tom Rogers and Wes Terry for their to the “Me Generation,” and whose House on Nov. 4.

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4 Philadelphia Bar Reporter December 2016 PhiladelphiaBar.org DECEMBER CLE COURSES

Preparing to Win a Trial and Litigation Trends: VIDEO ENCORE - Deposition Skills Courtroom Litigators Perspectives From Plaintiffs’ and Defense Counsel Need to Know Tue., 12/13/16 - 9:00 a.m. - 12:15 p.m. (3 SUB) Tue., 12/27/16 - 9:00 a.m. - 12:15 p.m. (2 SUB/1 ETH) Join the panelists - experienced litigators - for three roundtable discussions on how Litigators know that the deposition is a crucial opportunity to evaluate an adversary’s to effectively and efficiently prepare for trial during crucial stages of litigation: case, challenge key theories and witnesses, and to seek admissions for use in a potential discovery, dispositive and pre-trial motions, and trial. The panelists will conclude by summary judgment motion or at trial. This video encore CLE, presented by Raynes offering guidance regarding future trends in litigation for 2017 and beyond. Attend McCarty litigators, examines effective deposition strategies and techniques every this CLE program to hear a lively presentation of trial preparation techniques, as well courtroom litigator needs to know! Whether you are a first-year litigation associate, as informative litigation trends that will provide you with the tools to become a more senior partner or a solo practitioner you will learn new skills to maximize your effective and efficient trial practitioner. effectiveness at deposition.

Conducting Business With China: Navigating Law VIDEO ENCORE - Ethics and Incorporating New Technologies and Culture in Your Law Practice Digital Marketing Wed., 12/14/16 - 9:00 - 11:15 a.m. (2 SUB) Wed., 12/28/16 - 12:30 - 3:45 p.m. (1 SUB/2 ETH) In this seminar, panelists examine the realities of conducting business with the Chinese, Join your colleagues to learn the ethical considerations of what you can and can’t do seeing the similarities but more importantly the differences in the Chinese mindset when digitally marketing your legal services. regarding determining suitable business partners. Receive guidance on avoiding the Digital marketing is inevitably injected into the conversation as an integral part of a cultural faux pas likely to undermine all of the goodwill engendered until that fateful successful overall marketing plan. “Techy” or not, digital marketing remains a challenge mistake. Hear a discussion about the Chinese legal system and the potential traps for the for attorneys to implement given the limited amount of resources including the attorney’s unwary when considering that “once in a lifetime” deal. time and money. Understanding the ethics involved with self or law firm promotion is important to comprehend before implementing any marketing campaign regardless of the Commercial Litigation and Law Firm Funding Survey, medium. This CLE program will provide ethical considerations when promoting a law Updates, and Recent Developments practice in the digital environment. Thu., 12/15/16 - 12:00 - 3:15 p.m. (2 SUB/1 ETH) VIDEO ENCORE - 2016 Securities Litigation & Regulatory Co-presented with Summit Legal Resources, LLC, Nationwide Litigation Funding, Inc. and Connolly Gallagher, LLP Update This timely new CLE course delivers a detailed survey of the rapidly growing market Thu., 12/29/16 - 9 - 3 p.m. (2 SUB/1 ETH) of litigation funding and law firm financing by third-parties. This type of innovative As lawsuits, investigations and enforcement actions continue apace, it is critical that financing is being utilized by boutique practices to large, national firms for cases securities litigators and enforcement lawyers keep up with the latest developments. that include contract breaches, business torts, intellectual property infringement, Join colleagues from both sides of the Delaware for an annual update in securities misappropriation of trade secrets, shareholder and consumer claims, and class actions litigation and regulatory practice, a full-day program that explores and profiles significant and mass torts. Attorneys representing business clients and corporate counsel need to developments and trends in securities laws. Don’t miss this annual update featuring know how non-recourse funding works, and how it can be used to finance meritorious prominent securities litigators and lawyers, high-level enforcement officials, senior in- claims, manage firm, corporate and legal department budgets, and reduce the risk of loss. house counsel and economists!

A Cybersecurity: How to Keep the Sky From Falling VIDEO ENCORE - Discovery in a Digital World Fri., 12/16/16 - 9:30 - 11:30 a.m. (1 SUB/1 ETH) Modern Investigative Techniques: Cybersecurity through Mon., 12/19/16 - 4:00 - 6:15 p.m. (1 SUB/1 ETH) - VIDEO ENCORE Computer Forensics Wed., 12/28/16 - 9 - 11 a.m. (1 SUB/1 ETH) - VIDEO ENCORE Fri., 12/30/16 - 9 - 11 a.m. (2 SUB) This is the third and final 2016 FREE CLE for Philadelphia Bar Association members The exponential growth of data creation in modern society continually impacts litigation in good standing. from cyber exposure risk management to computer forensics best practices. The This CLE will examine the growing cybersecurity threats to firms and their clients’ data proliferation of mobile devices, new communication methods, and web-based platforms and how to thwart them. Gain a better understanding of how to mitigate cybersecurity presents opportunities for hackers to steal data and creates discovery situations best risk and maximize the value of your and your clients’ data. Hear from a leading left to computer forensics experts to provide assistance. This video encore program, cybersecurity expert regarding today’s data breach headlines. Explore firms and clients’ presented by PRECISE, explores cybersecurity risk management and covers some of data security obligations from an ethical and legal perspective. Examine the primary the most interesting areas of electronic data sources that have changed the landscape of considerations involved in implementing an effective (risk-based and culture-centric) investigations and provide interesting stories of how those have had implications on real- cybersecurity program at your firm and your clients’ companies. Finally, gain a better world cases. understanding of how to mitigate cybersecurity risk and maximize the value of your and your clients’ data. VIDEO ENCORE - Attorney Ethics Found in Golf and Tennis Fri., 12/30/16 - 12 - 1 p.m. (1 ETH) Day on Financial Planning Ethical and principled conduct is a foundational aspect of practicing law, as well as Tue., 12/20/16 - 9 a.m. - 5 p.m. (6 Total CLE Credits: 5 SUB/1 ETH); competing in the sports of golf and tennis. Both golf and tennis are played according to Cocktail reception 5 - 6 p.m. strict rules for fairness, just as in legal advocacy. Individuals are expected to self-regulate Sponsored By BPU Investment Management, Inc. their actions and conform to ethical expectations, with disciplinary consequences for Part I - Now What? I’m a Lawyer Earning Money and violations. Attorney professionals are guided by the Rules of Professional Conduct and I Need a Financial Plan (9 - 11 a.m.) Pennsylvania Code of Civility to maintain the integrity of the profession. This video Part II - I Think I Want to be Done Working (12 - 2 p.m.) CLE ethics hour focuses on applying valuable ethical lessons from golf and tennis to the practice of law (and vice versa). Part III - Taking Control - Financial Planning for Women (3 - 5 p.m.) Philadelphia Bar Association CLE and BPU Investment Management, Inc. are proud to partner to present a day on financial planning. The day consists of three CLE programs, the first beginning at 9 a.m. provides guidance to the newly admitted attorney on how to implement strategies to get the most out of their current paycheck and develop the right financial habits that, if consistently applied over time, can build wealth. The second TO REGISTER Visit the CLE page at course, at 12 p.m. is for the attorney contemplating retirement. The program will address the questions: do I have enough saved; how do I make it last; how do I protect it; and PhiladelphiaBar.org how do I pass it on? The last CLE program focuses on financial planning for women at 3 p.m. You may register for one, two or the full day of courses. Finally, join your colleagues for a cocktail reception to end the day and continue the conversation.

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

PhiladelphiaBar.org December 2016 Philadelphia Bar Reporter 5 WOMEN IN THE PROFESSION COMMITTEE Focus Less on Your Job and More on Your Career

Q By Stephanie Kammer review or asking for a specific assignment. “Nothing speaks for itself,” Dr. Canter said, as she Our work hours are consumed with job-related encouraged women to ask —for feedback, for recogni- tasks. After-work hours are taken up by everything tion and for promotions. She advised women to use their else, so when do we find the time to think about the calendars to ensure they prioritize getting these necessary bigger picture, to consider the trajectory of our careers? things done, to pencil them in as they would any other The Women in the Profession Committee hosted an job-related or personal appointment. As part of the pro- invigorating, interactive program on Oct. 25, directed gram, Dr. Canter had attendees write out their long-term at moving women ahead in their careers. Rachelle career goals, how they planned on expanding their skills J. Canter, Ph.D., president of RJC Associates and and value over the next year and how they planned on an adjunct professor at the Women Senior Leaders expanding their sills and value over the next three years. Program at Northwestern University Kellogg School of Photo by Thomas E. Rogers Participants were then asked to brainstorm one small step Rachelle J. Canter, Ph.D., president, RJC Associates Management’s Center for Executive Women, distilled they could take in the next two weeks to accomplish their (center); with Women in the Profession Committee Co- her more than 25 years of experience providing career chairs Amber M. Racine (left) and Jennifer S. Coatsworth goals. assistance to attorneys and executives, into exploding the at the Committee meeting on Oct. 25. The crucial take away from the presentation, aside from main career myths she felt were keeping women from the great tips, was that more than anything, for women, advancing in the workplace. confidence, focusing on advancing your own career or a critical step in ensuring their advancement is making it The most important myth to debunk for Dr. Canter prioritizing your own career advancement in your daily a priority in their lives—to focus less on their jobs, and was the myth that hard work alone is enough to ensure life through small measurable steps toward your goals. more on their careers. In short, Dr. Canter encouraged career success. Related detrimental myths include: the To help women manage their career ambitions and as women to “woman up!” when it comes to their own idea that mentors would be as interested in your career an avenue for guiding their focus onto their careers, Dr. career success. advancement as you are, that IQ alone (and not attention Canter had plenty of great tips and tools. She encouraged to EQ, or interpersonal skills) could get you ahead, and women to keep track of their accomplishments with an Stephanie Kammer ([email protected]), assis- that performance feedback is unimportant. Dr. Canter “Accomplishment Log” of quantifiable achievements. This tant city solicitor for the City of Philadelphia, is an associate explained how women rely on these myths to trust that kind of log can help boost confidence and facilitate mak- editor of the Philadelphia Bar Reporter. they will be rewarded for their work or talent, but when ing the case for yourself when seeking to move forward, it comes to getting ahead, there is no substitute for self- whether in the form of an updated resume, a performance

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6 Philadelphia Bar Reporter December 2016 PhiladelphiaBar.org INTERNATIONAL LAW COMMITTEE

Korean Delegation Talks Future of U.S.-Korea Alliance

Q By Erin Murphy

How will foreign relations evolve under the new U.S. presidential administration? That question, viewed through the lens of the U.S.-Korea rela- tionship, was the topic of discussion at a recent event sponsored by the Philadel- phia Bar Association’s International Law Committee, LLP and the Institute for Corean-American Studies (ICAS). The Oct. 5 panel featured a delegation from the Republic of Korea, including Chong Wook Chung, vice chairman of the Presidential Committee for Unifica- tion Preparation (PCUP) and former ambassador to China. Established in 2014, PCUP is tasked with forging national consensus and making preparations for unifying North and South Korea. Part of PCUP’s mission is to seek support for unification from the international community, and one issue that Chung identified as being important to the U.S. is North Korea’s growing nuclear and ballistic missile capability. “I would not be surprised if North Korea has the capacity to strike the conti- nental United States before the next president steps down in 2021. The new U.S. president will face a fundamental security challenge from North Korea, and South Murphy Erin by Photo Korea and the U.S. will have to work together,” he said. Chong Wook Chung, vice chairman, Presidential Committee for Unification Preparation Chung then introduced Professor Jaechun Kim from Sogang University, who and former ambassador to China for the Republic of Korea, spoke to the members of the discussed the progression of the U.S.-South Korea relationship. He said that chang- International Law Committee, attorneys from Pepper Hamilton LLP and members of the ing leadership will prove trying for the alliance, particularly after burden-sharing Institute for Corean-American Studies at Pepper Hamilton on Oct. 5. became a hot topic in the U.S. election. Kim said that, despite comments to the contrary, the U.S. is not shouldering the the emotions being expressed by future U.S. leaders about free trade,” he said. financial burden alone. Rather, South Korea is paying 52 percent of the cost of station- Despite anti-free trade sentiment, Kim said the South Korea-U.S. agreement has been ing U.S. forces in the country, and that number has been increasing. When factoring in beneficial for both countries. In 2011-2015, world trade decreased, but Korea-U.S. trade indirect costs, South Korea’s share increases to 65-75 percent. The relationship provides increased for goods and services. Further, Kim said that the free trade agreement is not the benefits to the U.S. that outweigh its costs, he said. In particular, the alliance promotes cause of the U.S. trade deficit. While Korean imports of U.S. goods are down 1.2 percent, U.S. interests in Asia, a strategically important region and one that has experienced uncer- that decrease is far lower than the drop in Korean imports from other countries (down tainty with the rise of China. Kim also echoed Chung’s comments on the dangers posed 16.8 percent), and the U.S. deficit with other trade partners is even more significant. by North Korea and the importance of banding together to address the threat. “The North Korea threat is not just a threat to South Korea,” Kim said. “What better Erin Murphy ([email protected]) is a marketing writer and editor at Pepper Ham- way to deter North Korea than by utilizing the Republic of Korea-U.S. alliance?” ilton LLP. Jong-Hoon Kim, former minister for trade, next spoke about his work on the South Korea-United States Free Trade Agreement. He noted that the agreement faces an uncer- tain future under a new U.S. administration. “Korea as a country is apprehensive about TO LAWYER LAWYER REFERRALS For details on placing a Lawyer to Lawyer referral ad, contact Lana Ehrlich at 215-557-2392 or [email protected].

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PhiladelphiaBar.org December 2016 Philadelphia Bar Reporter 7 WORKERS’ COMPENSATION SECTION New Section Award Honors Youth Court Participants

Q By Caroline E. Diehl, Alexis C. legal community. Despite her young primary factors for her nomination and Ouseley, Howard A. Rosen, age, she thrived in her internship, and receipt of the award. Charece Z. Collins, Amit Shah impressed those she met. Judge Thomas Through their internships, both recip- and Anish A. Desai Street found her to be “mature and well ients had the opportunity to learn about poised,” and a pleasure to work with as the legal system first-hand, witnessing The Philadelphia Bar Association’s an intern. hearings, trials and the behind-the-scenes Workers’ Compensation Section is Heather is an eighth-grade student at work that goes on in the Philadelphia pleased to announce the recent creation A.M.Y. at James Martin School, and she legal system. of the Philadelphia Bar Association interned with Judge Sarmina over the Phedora and Heather also partici- Workers’ Compensation Section Educa- summer of 2016. Judge Sarmina was not pated in the youth court program as jury tional Outreach Award. The establish- expecting to host an intern as young as members and student representatives ment and implementation of this new Heather. However, the judge and her in their schools, and it was through the award was a joint venture between the staff found Heather to be inquisitive, program that these students earned their Section’s Diversity and Inclusion and smart, and engaging -- a “breath of fresh internships. Youth court is a program Jean-Philippe Kodhelaj Community Service and Charitable air.” Heather’s drive and commitment that provides an alternative to formal Events subcommittees. The award was impressed Judge Sarmina and were the continued on page 18 created to promote the development of middle and high school students who HALLOWEEN HAPPY HOUR AT FINN MCCOOL’S BENEFITING exhibit excellence, have an interest in the legal field, and who have participated WOMEN AGAINST ABUSE OCT. 27 in their schools’ youth court programs. The Section is thrilled to announce The Workers’ Compensation Section’s and introduce the first two recipients of Charitable Events and Community this award, Phedora Jean-Philippe and Service sub-committee hosted Heather Kodhelaj. a Halloween Happy Hour at Finn Both Phedora and Heather have McCool’s on Oct. 27 to raise money already achieved much in their young for Women Against Abuse. Attendees lives, not only academically, but also were encouraged to dress up in their through their respective internships with Halloween finest for the occasion. The Section raised more than $1,300 Hon. Sierra Thomas Street and Hon. at the happy hour. The event was Teresa Sarmina, Philadelphia Court of sponsored by ExamWorks. Common Pleas. In the summer of 2016, Phedora, a Left: Section Co-chairs (left to right) ninth-grade student at Franklin Learn- Eric B. Pearson (as “himself”); ing Center High School, interned with Hon. Denise E. Krass, Workers’ Judge Thomas Street. She was selected to Compensation Office of Adjudication receive the Education Outreach Award (as “V”); and Danielle R. DeRosa for her intelligence, enthusiasm and (as “Wednesday Addams”) at Finn newfound passion for the Philadelphia McCool’s on Oct. 27. Photo courtesy of the Workers’ Compensation Section Compensation Workers’ the of courtesy Photo 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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8 Philadelphia Bar Reporter December 2016 PhiladelphiaBar.org Bar Foundation The Benefits of Participation

This is a month of endings. It is the month when the Philadelphia Bar By Steven E. Bizar Donation Opportunity Foundation conducts its final fundraising event of the year – the Individual Giving Contributing to the Philadelphia Bar Foundation shows you care about our jus- Campaign. It is the month when we tice system and the assistance it provides to the community. With one contribu- make our grants. This is also the month tion you are supporting all the public interest legal organizations in the Philadel- for my final article for the Philadelphia phia area that serve those who need a lawyer to help them assert their legal rights Bar Reporter as president of the Phila- but who cannot afford one. For more information, please visit delphia Bar Foundation and its board www.philabarfoundation.org. of trustees. In January 2017, my close friend, Tom Brophy, takes over. The professionals, and the tremendous staff we them exchange ideas and collaborate on passing of this torch, while necessary and have assembled at the Foundation. Each the Association’s Delivery of Legal Services appropriate, is bittersweet. It is a reason of them has shared with me their gifts Committee, getting to know their lead- for personal reflection on the more than and insights, helping me to add to my ers and staff and involving them in the 10-year journey that has brought me and particularly the last four years as repertoire. I hope to carry the skills I have Foundation’s work has given me a sense of to this point. Most important, it is an vice president and president, gave me all learned from these extraordinary individu- fulfillment that I will always treasure. opportunity to reflect on the benefits of I could hope for and more. But as my als with me as I continue my career. I joined the Foundation board think- participation – and I do not mean simply term as president draws to a close, I have Perhaps most significantly, my work ing I could perhaps help do some good, the benefit for others of one’s participation come to realize that whatever little I may on the Foundation board – and as its but also thinking that I would grow as a in an organization like the Foundation have accomplished in our community, president – has given me perspective. I lawyer. I have grown much more than – which is rightly dedicated to promot- is dwarfed by the benefits I have reaped see better how privileged many of us are I could have hoped or expected. Indeed ing equal access to justice for the many from the experience of participation. I to be members of a learned profession; with the exception of being a husband disadvantaged members of our commu- have gained a circle of friends with whom a profession that allows us to have an and father, and of running a successful nity. Rather, quite selfishly, I mean the I share a common vision – that together impact – sometimes a profoundly positive trial team, few endeavors in my life have benefit to me from my involvement with our efforts can help those less fortunate impact – on the lives of others and on the brought me the sense of fulfillment I have the Foundation. to have access to the legal services they quality of life in our community. I also experienced in this role. So my final mes- When I was invited to join the Founda- and their loved ones need to survive and have come to appreciate the extraordinary sage to all of you is to participate, to join tion board more than 10 years ago, I felt perhaps even to thrive. Working together work performed every single day by the the Foundation in its important work, all of the emotions one might expect to to support the Foundation’s fundraising Foundation’s grantees. The more than 35 to seek out opportunities for community feel when embarking on a new endeavor: initiatives and the development of a robust public interest organizations to whom the service, not to fill out your resume but to excitement at the opportunity to make a set of programs and fellowships has at Foundation makes grants each year are fill out who you are as a human being. difference; eagerness to plunge into a new times felt like working on my cases; I have truly awe-inspiring organizations, run by Perhaps you too will experience the same organization and meet, befriend and learn experienced a sense of camaraderie and individuals with an unswerving dedica- sense of satisfaction and personal growth from my new colleagues. I was impressed teamwork that I found both gratifying tion to those less fortunate. They are on that I have experienced. Thank you for all by the lawyers who had interviewed and sustaining. In short, I have developed the front lines of the most pressing legal of your support. me for the board: Elaine Rinaldi, Amy friendships that I look forward to main- and social issues we face, and every day Ginensky, Wendy (now U.S. District taining long after my term as president, they do more with less than any group Steven E. Bizar (steven.bizar@. Judge) Beetlestone, and Deborah Gross. and my ongoing service on the Board, has of lawyers or individuals I have ever met. com), a partner at Dechert LLP, is presi- Each of them was a leader who had come to an end. Supporting them through our work and dent of the Philadelphia Bar Foundation. devoted considerable effort advocating At the same time, I have honed through fundraising at the Foundation, watching through the Foundation and otherwise for Board service a valuable set of skills and those facing discrimination and difficulty learned new skills from some of the best ATTORNEY DISCIPLINARY / ETHICS MATTERS securing their legal rights. I figured they lawyers and leaders in this town: how to STATEWIDE PENNSYLVANIA MATTERS and the other board members would run meetings efficiently; how to fundraise NO CHARGE FOR INITIAL CONSULTATION show me the ropes and I would be able in difficult fundraising environments; Representation, consultation and expert testimony in disciplinary matters to make a difference. I’d find a way – how to handle difficult and sensitive, and matters involving ethical issues, bar admissions and through effort and dedication – to help politically-charged issues; how to make the Rules of Professional Conduct the Foundation accomplish its mission of principled decisions about who should James C. Schwartzman, Esq. ensuring equal access to justice. I hoped receive grants; how to launch innova- t Chairman, Judicial Conduct Board of Pennsylvania to have an impact on the legal community tive programs (like the Board Observer t Former Chairman, Disciplinary Board of the Supreme Court of and the city – to do something bigger Program); how to involve the judiciary in Pennsylvania than myself. While I thought I might be our cause without running afoul of ethical t Former Chairman, Continuing Legal Education Board of the Supreme able to use the opportunity that partici- rules; how to advocate for those without Court of Pennsylvania t Former Chairman, Supreme Court of Pennsylvania Interest on Lawyers pation on the board would afford me to a voice – to name just a few. I literally Trust Account Board broaden my circle of business contacts, I have had the opportunity to collaborate t Former Federal Prosecutor was mostly focused on doing something with the masters: law firm leaders, judges, t Selected by his peers as one of the top 100 Super Lawyers in Pennsylvania positive for the community in which I live Philadelphia Bar Association Chancel- and the top 100 Super Lawyers in Philadelphia Best Lawyers in America and work, and where my wife and I were lors, leading lights of the legal public t Named by his peers as 2015 Philadelphia Ethics and Professional Responsibility Law “Lawyer of the Year,” and in raising our family. interest community, city officials, law Plaintiffs and Defendants Legal Malpractice Law My time on the Foundation board, school professors, fellow trustees, other 1818 Market Street, 29th Floor s Philadelphia, PA 19103 s (215) 751-2863

PhiladelphiaBar.org December 2016 Philadelphia Bar Reporter 9 PHILADELPHIA BAR ASSOCIATION CLE - FEDERAL COURTS COMMITTEE

Tips for Success: Motioning for Summary Judgment

Q By Annie Kernicky summary judgment motions are often a controversial topic among attorneys, Whether on the plaintiff or particularly in employment cases, defense side, trial attorneys who practice and are generally a popular topic with in federal court must grapple with sum- defense attorneys because most sum- mary judgment motions. Although each mary judgment motions are filed by judge’s specific preferences on summary the defendant. Judge Baylson was a judgment motions vary, Federal Rule of member of the Advisory Committee Civil Procedure 56 sets the ground rules on Civil Rules of the Judicial Confer- for how judges can dispose of cases with- ence of the United States and chaired out a trial. The Federal Courts Commit- the Rule 56 Subcommittee that led to tee hosted an informative CLE on Oct. an updated Rule 56, which took effect 19 featuring Hon. Michael M. Baylson, in 2010. From Judge Baylson’s per- Senior U.S. District Court Judge for the spective, the major impact of the 2010

Eastern District of Pennsylvania, titled revision is that the moving and/or Rogers E. Thomas by Photos “Best Practices in Litigating Summary contesting party must clearly articulate Hon. Michael M. Baylson, Senior U.S. District Court Judge for the Eastern District of Judgment Motions.” The panel also parts of the record upon which counsel Pennsylvania (center, left); Lindsay L. Vest, associate, Curley, Hurtgen & Johnsrud included Lane Schiff, attorney, Console is relying. Although the standard LLP (center); and Lane Schiff, attorney, Console Law Offices, LLC (center, right); with Law Offices, LLC, representing the plain- for granting summary judgment did Leslie A. Mariotti (left) and Michael A. Morse, co-chairs, Federal Courts Committee, at the CLE on Oct. 19. tiff’s side, and Lindsay L. Vest, associate, not change, the 2010 updated Rule Curley, Hurtgen & Johnsrud LLP, from changed the procedures for presenting requires the moving party to set forth in Vest said as a defense attorney that in the defense side. The panelists discussed summary judgment motions and made numbered paragraphs facts that are undis- almost all cases she strongly favors filing a their views on the best practices in litigat- the procedures more consistent with those puted, with citations to the record, and summary judgment motion, whether it is ing summary judgment motions, as well already used in many courts, according then requires the responding party to cite full or partial. Her goal from the first pre- as the development of Rule 56. to the advisory committee’s notes. In his countervailing record evidence, paragraph trial proceeding is to narrow issues quickly Judge Baylson began by noting that individual practice rules, Judge Baylson by paragraph, to dispute any asserted fact. continued on page 12

PHILADELPHIA BAR ASSOCIATION CLE - BUSINESS LAW SECTION Big M&A Deals Down, Though Core Still Thriving Q By Stephen B. Heimann ness as their potential loss of access to the European mar- a consultative, rather than hostile, position. In 2016, several large M&A deals were with- ket outweighed the decreased value of British currency. Ellsworth concluded with an overview of smaller deals drawn or terminated, but the core of the M&A market Chinese outbound M&A in Europe and the U.S. has and holdback trends. Deals up to $200 million have seen – deals in the $1-10 billion range – remained robust. dramatically increased in recent years, though. Japanese the same market trends as larger deals. Holdback/escrow Companies continue to seek top-line growth through CEOs and South Korean companies also have showed periods tend to be about 12-15 months. Holdbacks for acquisitions in the face of weak organic growth and increased interest in acquisitions. deals under $100 million are trending at 12-15 percent persistent low interest rates. The market is currently In Chinese deals, getting an up-front escrow is of the purchase price, up from the historical average of 10 rewarding large strategic deals, even at high premiums. critical, since specific performance is not available in percent, with cross-border deals accounting for much of The Business Law Section’s Mergers & Acquisitions China. Financing can be dicey with Asian companies, so the increase. Deals in the $150-250 million range have and Venture Capital and Private Equity Law Commit- financing due diligence should be conducted early and holdbacks of about 2 percent, though cross-border strate- tees hosted a CLE program titled “M&A Markets and thoroughly. Passing through the Committee on Foreign gic deals see 5-7 percent holdbacks. In hedge fund/finan- Economy Updates” at Reed Smith LLP on Oct. 13, Investment in the United States (CIFIUS) is a lengthy cial deals, protection is normally obtained through rep/ 2016. The panelists were Niraj Shah and Sameer Singh, and complex process, so CIFIUS counsel should be warranty insurance. Citi has seen claims against about 20 managing directors, Citi; and Owen Ellsworth, director, engaged early. Asian acquirors normally resist breakup fees percent of its holdback escrow accounts, usually related to Citi Private Bank. tied to regulatory denials or other circumstances outside financial statement issues, taxes and litigation. Shah and Singh, who focus on M&A in the industrial their control. When negotiating a deal with an Asian sector, gave an update on the domestic and global M&A company, maintain regular contact with the key decision Stephen B. Heimann ([email protected]), a retired markets. They observed that 2016 had seen a decrease maker, since mid-level deal personnel normally do not transactional attorney for Verizon, is a volunteer attorney for in completed M&A deals from the record high in 2015, know a CEO’s thinking or strategy. Philadelphia VIP. when lack of organic growth, the expectation of increased Shareholder activism has become a major force in regulatory pressure, and many inversion deals drove transactions. C-suite executives must be aware of this CLE Topic Idea? M&A activity. and should consider developing a defense strategy. But To submit a topic idea for a CLE course or volunteer The healthcare and financial sectors saw a marked activist-focused hedge funds took a hit in the market to be a course planner or presenter, contact Director decrease in deals. European activity also decreased, due correction during the first quarter of 2016, and have of Continuing Legal Education, Tara D. Phoenix, at largely to Brexit, with U.K. companies losing attractive- become more cooperative with management, often taking 215-238-6349 or [email protected].

10 Philadelphia Bar Reporter December 2016 PhiladelphiaBar.org NOV. 17, 2016 NATURALIZATION CEREMONY Photos by Thomas E. Rogers E. Thomas by Photos Left: Hon. Joel H. Slomsky, U.S. District Court for the Eastern District of Pennsylvania (right); with Kevin V. Mincey, vice chair, Board of Governors (left); and Lauren Ascher, supervising attorney, Philadelphia VIP; at the Naturalization Ceremony sponsored by the Philadelphia Bar Association at the U.S. Courthouse on Nov. 17. Right: New citizens take the Oath of Citizenship. One hundred people from 40 countries became U.S. citizens at the ceremony.

PHILADELPHIA BAR ASSOCIATION CLE - WORKERS’ COMPENSATION SECTION File for Review If Client’s Claim Comes Under Question

Q By Regina M. Parker After a UR request is filed, the carrier’s scenario is that all bills will be paid in preponderance of evidence that it properly obligation to pay for the treatment under full. Typically, this is not the case. Donan reimbursed the provider. Under the Pennsylvania Workers’ review is stayed, pending the outcome said that if the insurer does not pay a The panel cautioned both the parties Compensation Act, an injured worker is of the UR. An independent Utilization bill or submits partial payment of a bill, and providers to be mindful of deadlines entitled to payment of medical expenses. Review Organization (URO) will be the medical provider has the right to file involving UR and fee reviews. However, the insurer-employer is not assigned by the Pennsylvania Bureau of an Application for Fee Review with the obligated to pay for medical treatment if Workers’ Compensation to address the Bureau of Workers’ Compensation which Regina M. Parker ([email protected]), such treatment is not reasonable, neces- reasonableness or necessity of the treat- must be filed within 30 days following partner at Thomas, Thomas & Hafer LLP, sary or directly related to the work injury. ment under review. Saylor also said that if notification of disputes concerning the is an associate editor of the Philadelphia Bar Payment of medical bills can be denied the URO determines that all or part of the bill or 90 days following the original Reporter. or limited by way of utilization review or treatment is unreasonable or unnecessary, billing date, whichever is later. Donan medical fee review, panel members told the employer will be relieved of the obliga- cautioned that if the provider misses attendees during the Oct. 14 Workers’ tion to pay all or part of the medical bill. the 90 days, the statute of limitations is CLE Topic Idea? Compensation Section CLE program If all treatment is found reasonable, the blown. In such instance, the only way To submit a topic idea for a CLE course titled “Fee Reviews and Utilization insurer must pay for all treatment. Either to get a bill reviewed would be in cases or volunteer to be a course planner or Reviews-An Overview of What You party can appeal the determination to a where the insurer submits partial payment presenter, contact Director of Continu- Need to Know.” The panel included Workers’ Compensation Judge (WCJ) for somewhat later. This gives the provider an ing Legal Education, Tara D. Phoenix, Marianne Henry Saylor, partner, Wil- de novo review. On appeal, the insurer additional 30 days from the partial pay- at 215-238-6349 or tphoenix@philabar. lig, Williams & Davidson, and Patrick bears the burden to establish that the ment to request review. org. Donan, partner, Steiner, Segal, Muller medical treatment is not reasonable or The Bureau of Workers’ Compensation and Donan. necessary. is permitted to deny a fee review based on The panel explained that after pro- Unlike the utilization review, the medi- amount, timeliness or based on down- viding treatment for a work injury, the cal fee review is driven by and filed by codes. In either provider is required to submit bills to medical providers. Donan pointed out case, the insurer the insurer on the appropriate forms and that in addition to doctors and hospitals, and provider have attach supporting documentation such as a medical provider can include physical the right to take an office notes. The insurer is not obligated therapists, pharmacy, durable medical appeal. Appeals to pay for treatment if bills are not prop- equipment or trauma centers. Unlike from these admin- erly submitted. the UR process, Donan explained that istrative decisions Saylor said that if an issue arises regard- in fee review situations, the treatment are assigned to a ing the reasonableness or necessity of is presumed to be related to the work hearing officer for medical treatment, the parties can file a injury. The only issues that are going to a de novo proceed- Request for Utilization Review (UR) to get decided are the amount and timeliness ing. The insurer address this issue. A UR must be filed of the payment of the medical bill. From bears the burden within 30 days of receipt of a medical bill. the provider’s standpoint, the best-case of establishing by a

PhiladelphiaBar.org December 2016 Philadelphia Bar Reporter 11 BUSINESS LAW SECTION - GIANTS OF THE BUSINESS BAR Photo by Thomas E. Rogers E. Thomas by Photo

The Business Law Section honored two luminaries of Philadelphia’s business law community, Stephen J. Harmelin and Joseph H. Jacovini, partners at Dilworth Paxson LLP, at its Nov. 3 installment of the Giants of the Business Bar series held at Bank & Bourbon.

Above left: Harmelin (left) and Jacovini (center, right) with Katayun I. Jaffari, chair, Business Law Section, and Graham R. Laub, partner, Dilworth Paxson LLP, at Giants of the Business Bar at Bank & Bourbon on Nov. 3. Above right: Harmelin (left) and Jacovini took questions from the audience and reminisced about their illustrious careers.

Expungement Summary Judgments Member Benefit: PAR-Recycle Works continued from page 2 continued from page 10 PAR-Recycle Works is a 501c3 nonprofit social enterprise that In the weeks leading to the clinic, YLD and to target discovery in anticipation of filing a hires citizens who returned to our community after imprisonment to members Meghan Claiborne and John Coyle, motion. She noted that in a typical employment recycle used electronics. PAR-Recyle Works’ mission is two-fold - work- who spear-headed the clinic, along with other discrimination case, the plaintiff can demonstrate ing to restore the lives of returning citizens by providing them with job YLD members, attorneys and law students, his or her prima facie case, and therefore her training and transitional paid employment in a supportive environment pre-screened applicants to determine if they defense efforts are focused on showing a non- while protecting the planet would quality for a petition. Among the more discriminatory business reason for the employment by assuring that valuable than 1,800 who applied, it is estimated that action, that the employee cannot refute. Vest likes a e-waste is re-used and re- more than 1,200 will have petitions filed on paragraphed statement of undisputed facts because, purposed. their behalf. Prior to the clinic the Association she said, that helps narrow issues and focuses the PAR-Recycle Works and LLP hosted four hour-long argument to the judge for summary judgment. collects servers, desktop Philadelphia Bar Association CLE trainings by From the plaintiff’s perspective, Schiff noted that computers, laptops, PCs, attorneys at Community Legal Services. This filing a summary judgment motion is very rare. printers, scanners, tablets, training, free for volunteers, taught them how Schiff explained that, as the non-moving party, he cell phones, telephones, to process the petitions for expungement or also prefers a paragraphed statement of undisputed keyboards, fax machines, sealing of the record. However, filing of the facts because he thinks it is a good way to display DVD players, VCRs, petitions is only step one. Step two will occur discrepancies between the parties, and tends to chargers and more. Please over the coming months and will include show there are a number of disputed facts. If a fact note they do not accept attorneys attending hearings on behalf of is cited to the record and there is not a disputed fact TVs or CRT monitors. individuals whose petitions are challenged by on the record, Schiff will use an affidavit from the PAR-Recycle Works offers the court. plaintiff. Judge Baylson also noted that the moving a pick-up service for all As a volunteer at Point Breeze’s Vare Recre- party should almost always submit an affidavit, but items at no cost to you. ation Center location I got to see, first-hand, that does not happen as much as it could, he said. PAR-Recycle Works is a how much of an impact this clinic had on The affidavit should not, however, be a reiteration first-level processing center these individuals. It made me proud to be a of what is in the party’s brief or contradict deposi- for used electronics. Their workers deconstruct the items they receive and part of the Association and truly gave meaning tion testimony, Judge Baylson said. then separate them into their major components. They erase all data from to the city we affectionately refer to as The hard drives and then sell the components to environmentally responsible City of Brotherly Love. Annie Kernicky ([email protected]), downstream processors. The money received for these materials is used to associate at Flaster/Greenberg, is an associate editor of the create paychecks for its employees. Emily Ashe ([email protected]) is an associ- Philadelphia Bar Reporter. For more information and to view a three-minute video on PAR- ate at Anapol Weiss. Recycle Works, visit the Member Benefits page at PhiladelphiaBar.org. PAR-Recycle Works is located at 342 E. Walnut Lane, Philadelphia, Pa. CLE Topic Idea? 19144. To submit a topic idea for a CLE course or volunteer to be a course planner or presenter, contact Direc- tor of Continuing Legal Education, Tara D. Phoenix, at 215-238-6349 or [email protected].

12 Philadelphia Bar Reporter December 2016 PhiladelphiaBar.org invaluable member of the Philadelphia Bar Kazaras Resolution Association staff. continued from page 1 “Paul is an exceptional person, an out- standing and dedicated servant of the Bar position as assistant executive director of the Association and the legal community,” said Philadelphia Bar Association as of Dec. 31, Hon. Denis P. Cohen, Philadelphia Court of 2016, with plans to pursue teaching and other Common Pleas. interests within the law, and to continue to Kazaras advised the Professional Guid- be an important presence in the field of legal ance Committee, in addition to guiding ethics. the Professional Responsibility Committee During his 15 years as assistant executive regarding proposed ethics rule changes, director, Kazaras was deeply appreciated and and legislative and bar association propos- respected by all Chancellors; other Association als that may impact the Pennsylvania Rules officers; Board of Governors Chairs; mem- of Professional Conduct. His time, energy bers of the Board of Governors; and Chairs, and intellectual commitment to the ethics Photo by Thomas E. Rogers E. Thomas by Photo Co-Chairs and members of the Professional hotline, and to the members of the legal Paul J. Kazaras, assistant executive director, Philadelphia Bar Association Responsibility and Professional Guidance community who have utilized that outstand- (left), was presented with a resolution by Hon. Denis P. Cohen, Philadelphia Committees of this Association for his wise ing service, is one of the shining hallmarks of Court of Common Pleas, unanimously adopted by the Association’s Board of counsel, sound judgment and exceptional the Philadelphia Bar Association. Governors, honoring Kazaras’ 37 years of service on Nov. 15. dedication. He has been a tireless and selfless To view the full resolution, visit staff leader for these two committees and an PhiladelphiaBar.org.

Annual Meeting five members of the Board of Gover- continued from page 1 nors for three-year terms. Candidates for office are: Rochelle M. Fedullo, mately $2 million and averages 1,500 Vice Chancellor; Marc J. Zucker, runners each year. Secretary; Regina M. Foley, Trea- Online election of officers and mem- surer; Jennifer S. Coatsworth, Assis- bers of the Board of Governors will also tant Secretary; Natalie Klyashtorny, culminate on Wednesday, Dec. 8, at 5:30 Assistant Treasurer; Hon. Mark B. p.m. There will be a Help Desk available Cohen, Katayun I. Jaffari, Michael on the Ballroom Level of the Hyatt at The Mattioni, Hon. Sandra Mazer Moss Bellevue for members who have ques- (Ret.), Maureen M. Olives, Amber tions about voting. Officers to be elected M. Racine and Jennifer L. Seme, are Vice Chancellor, Secretary, Treasurer, Board of Governors (elect five). Assistant Secretary, Assistant Treasurer and

Philadelphia Bar Association Annual Meeting Luncheon Wednesday, Dec. 7, 2016 at 12 p.m. at Hyatt at The Bellevue, Broad and Walnut Streets

• Featuring inaugural remarks by Chancellor-Elect Deborah R. Gross • Presentation of PNC Achievement Award to Jay G. Ochroch and Manny D. Pokotilow • Introduction of Kyoung Williams, winner of Justice Ruth Bader Ginsburg “Pursuit of Justice” Legal Writing Competition

Please make ______reservations for the Philadelphia Bar Association’s Annual Return to: Meeting Luncheon. Tickets are $65 for members; $55 for YLD members, public interest Annual Meeting Luncheon and government members; $25 for law student members; and $75 for non-members. Philadelphia Bar Association Checks should be made payable to the Philadelphia Bar Association. 1101 Market St., 11th floor Philadelphia, PA 19107-2955 Name: ______Credit Cardholder: ______Firm/Employer: ______Visa _____ MasterCard _____ American Express Address: ______Card number: ______Expiration date: ______Phone: ______Fax: ______Signature: ______E-Mail: ______

Purchase tickets by credit card online at PhiladelphiaBar.org

PhiladelphiaBar.org December 2016 Philadelphia Bar Reporter 13 pro Bono spotlight - legAl clinic for the DisABleD Overcoming Obstacles With Morgan Lewis n By Lauren E. Ridley time. He and I also remained in constant contact through phone calls and texting, despite his limited hand mobility—a true benefit of technology. Morgan, Lewis and Bockius LLP is a proud pro bono partner of the Legal Moving through the SSA system and gathering his medical information quickly Clinic for the Disabled (LCD). Through LCD, our lawyers represent individuals with proved to be difficult, and the pressure mounted as he faced impending homelessness. physical disabilities in a variety of legal actions, including landlord-tenant disputes, eject- Regardless of these challenges, LCD and I continually assisted one another to utilize our ment proceedings, and Social Security disability appeals. Morgan Lewis volunteers also collective experiences. Eventually, we gathered all the evidence required and submitted an assist with client intake at the Riverfront, Magee’s outpatient rehabilitation facility. This “on-the-record decision,” more than two months ahead of his scheduled hearing. partnership provides us with challenging, yet rewarding, opportunities to help disabled Within five days of submitting our application, SSA approved my client for SSI ben- individuals, and allows us to develop meaningful and lasting relationships with our efits, with retroactive payments owed back to 2014. While he awaits the start of his SSI LCD clients. payments, LCD and I are in the process of helping him secure public housing and set up In a recent project, I was able to represent a young man seeking Supplemental Security a special needs trust for his SSI benefit payments. Income (SSI) benefits. My client had extremely limited mobility as a quadriplegic, hav- My client’s constant optimism, gratefulness, and smile remind me of the pride we ing been injured in a violent incident, with a prognosis of limited to no functionality of can take as lawyers in helping those who cannot help themselves. We have the capacity his lower extremities for the rest of his life. He applied for SSI benefits on his own in to serve those who are less fortunate, and in doing so, my practice has truly been more 2014 and was initially denied. His later attempt to appeal this rejection failed when he fulfilling. was unable to connect with the Social Security Administration (SSA) in a timely manner If you are interested in learning more about pro bono opportunities through the LCD due to an unstable housing situation. Thankfully, my client was introduced to LCD in or know someone that could benefit from the LCD’s services, please contact Esther 2016 as a patient at Magee Rehabilitation Hospital. Shortly thereafter, LCD teamed up Miller, managing attorney, at [email protected] or 21-597-3357. with Morgan Lewis to begin our representation—we would provide benefits assistance, and LCD would provide housing support. Lauren E. Ridley ([email protected]) is an associate at Morgan, Lewis and Because he, the client, had such limited mobility and unstable housing—staying with Bockius LLP. friends if he could—the two of us were only able to meet at his monthly Magee appoint- ments to review and sign appropriate paperwork. Through LCD’s connection, Magee accommodated us so that we could talk in private rooms for an unlimited amount of

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14 Philadelphia Bar Reporter December 2016 PhiladelphiaBar.org PNC Perspectives Bear Market Survival Guide

By Mary E. Ashenbrenner If you’re investing for the long- changes in personal term you likely are going to encounter a risk tolerance and bear market at one time or another, given market environ- the cyclical nature of today’s financial ments. If changes in markets. For this month’s interview, I sat market prices have down with John Song, senior investment caused your portfolio advisor with PNC Wealth Management® to veer from its origi- to explain how investors can position nal path, the impact themselves to survive a bear market. could carry through Mary Ashenbrenner (MA): Is there to longer-term goals. anything investors can do to prepare them- MA: Is it ever selves for a sudden market downturn? appropriate for which is a Member FDIC, and to provide specific fiduciary John Song (JS): Market volatility is investors to deviate from their original improve a portfolio’s efficiency during and agency services through its subsidiary, PNC Delaware Trust Company or PNC Ohio Trust Company. PNC also uses the often a result of uncertainty; and when plan? market downturns. The benefits of adding marketing names PNC Institutional Asset ManagementSM, you take into consideration the global JS: While you might adapt some alternatives to your asset allocation come PNC Retirement SolutionsSM, Vested Interest®, and PNC Institutional Advisory SolutionsSM for the various nature of 2016 markets, uncertainty isn’t portions of your asset allocation based from adding specific alternatives that have discretionary and non-discretionary institutional investment hard to find. Slowing growth in China, on market conditions, it may not be lower correlations to one another and low activities conducted through PNC Bank and through PNC’s soft economies in Europe and Japan and wise to change investment plans based correlations to traditional assets. At that subsidiary PNC Capital Advisors, LLC, a registered investment BEWJTFS i1/$ $BQJUBM "EWJTPSTu  4UBOEBMPOF DVTUPEZ  even terrorism alerts have each contributed solely on the market. Consider this: The point, alternatives could help increase your escrow, and directed trustee services; FDIC-insured banking a bit of uncertainty to 2016. One key to S&P 500 hit a peak in October 2007 at overall portfolio diversification, potentially products and services; and lending of funds are also provided through PNC Bank. Securities products, brokerage services, weathering these challenging environments 1,576 and bottomed out in March 2009 offering a degree of protection. and managed account advisory services are offered by PNC is in the planning. The S&P 500 has his- at 667 – a decline of approximately 58 MA: How can investors avoid the Investments LLC, a registered broker-dealer and a registered investment adviser and member of FINRA and SIPC. Insurance torically experienced a bear market about percent. However, before the economy strong urge to sell once they sense a down- products may be provided through PNC Insurance Services, once every 2.5 years, which is why asset even began its recovery, stocks began to turn approaching? LLC, a licensed insurance agency affiliate of PNC, or through licensed insurance agencies that are not affiliated with PNC; allocation is so important for all investors. rebound. In February 2016, the S&P JS: When you do come face-to-face in either case a licensed insurance affiliate may receive MA: How does proper asset allocation reached 1,950 – almost 290 percent of with a bear market, the best advice is compensation if you choose to purchase insurance through help to mitigate downside risk? the lowest index value from 2009. Inves- shockingly similar to how you should react these programs. A decision to purchase insurance will not affect the cost or availability of other products or services JS: Asset allocation is at the heart of tors who sold stocks and moved to cash if suddenly confronted by a real bear in the from PNC or its affiliates. PNC does not provide legal, tax, investing. Just like you shouldn’t head holdings during this period would now be woods. Simply put, don’t panic. By staying or accounting advice unless, with respect to tax advice, PNC Bank has entered into a written tax services agreement. PNC off into the woods without a map, you behind on performance. And even worse, calm and sticking to your investment strat- does not provide services in any jurisdiction in which it is not shouldn’t construct a portfolio without investors who sold out near the bottom egies, you can avoid the urge to panic-sell authorized to conduct business. PNC Bank is not registered as a municipal advisor under the Dodd-Frank Wall Street clearly defined goals, objectives and an may have lost so much of the rebound and better position yourself to capitalize on 3FGPSNBOE$POTVNFS1SPUFDUJPO"DU i"DUu *OWFTUNFOU understanding of your tolerance for risk. opportunity that their net worth could be the recovery that may follow. management and related products and services provided to a In fact, the very act of building a sound permanently impaired. It’s a stark reminder iNVOJDJQBMFOUJUZuPSiPCMJHBUFEQFSTPOuSFHBSEJOHiQSPDFFET PGNVOJDJQBMTFDVSJUJFTu BTTVDIUFSNTBSFEFàOFEJOUIF"DU  asset allocation strategy can help mitigate of the importance of staying invested and Mary E. Ashenbrenner (mary.ashenbrenner@ will be provided by PNC Capital Advisors. some of the uncertainty that comes with trusting your investment strategy, rather pnc.com or 215-585-1041) is a senior vice i1/$8FBMUI.BOBHFNFOU ui)BXUIPSO 1/$'BNJMZ8FBMUI u BOEi7FTUFE*OUFSFTUuBSFSFHJTUFSFETFSWJDFNBSLTBOEi1/$ a bear market. If you know your plan was than letting the “bear” dictate your path president with PNC Wealth Management. *OTUJUVUJPOBM"TTFU.BOBHFNFOU ui1/$3FUJSFNFOU4PMVUJPOT u mapped for the long-term and recognize through the woods. BOEi1/$*OTUJUVUJPOBM"EWJTPSZ4PMVUJPOTuBSFTFSWJDFNBSLT The material presented in this article is of a general nature and PG5IF1/$'JOBODJBM4FSWJDFT(SPVQ *OD volatility is likely to occur along the way, MA: Could alternative investments does not constitute the provision by PNC Financial Services *OWFTUNFOUT/PU'%*$*OTVSFE/P#BOL(VBSBOUFF.BZ-PTF Value. it can help reduce the impulse to make help to offset losses during a bear market? (SPVQ *OD i1/$u PSJUTBGàMJBUFTPGJOWFTUNFOU MFHBM UBY PS a reactionary decision when the “bear” JS: For qualified investors, alternative accounting advice to any person, or a recommendation to buy or sell any security or adopt any investment strategy. Opinions shows its face. investments such as hedge funds, private expressed herein are subject to change without notice. The MA: How often should investors re- equity, or real estate, could help reduce information was obtained from sources deemed reliable. Such information is not guaranteed as to its accuracy. You should balance their portfolios to keep them in downside risk in the event of a “bear” seek the advice of an investment professional to tailor a line with their plan? encounter, while helping to meet or exceed financial plan to your particular needs. For more information, please contact PNC at 1-888-762-6226. JS: Once your “map” has been drawn, your total expected return. However, there PNC uses the marketing names PNC Wealth Management® check your footing systematically. Yearly is a caveat. Historically, alternatives highly and Hawthorn, PNC Family Wealth® to provide investment, rebalancing is wise to accommodate correlated to traditional assets do little to wealth management, and fiduciary services through its TVCTJEJBSZ  1/$ #BOL  /BUJPOBM "TTPDJBUJPO i1/$ #BOLu 

PhiladelphiaBar.org December 2016 Philadelphia Bar Reporter 15 LEGAL ADVISORY UPDATE FROM USI AFFINITY The Dangers of Practicing Outside Your AOP

broker of the Philadelphia Bar Association and more than 30 other state and local bar Attorneys are often asked by family members and You Don’t Know What You Don’t Know associations and with more than 30,000 attorneys insured, USI Affinity has the experi- friends to handle matters that are outside their area of ence and know-how to navigate the marketplace and design the most comprehensive and innovative insurance and benefits packages to fit a firm’s individual needs. practice, or AOP. Many LPL underwriters consider the perfect law firm It is often difficult to say no to such requests, but to be one that focuses on smaller, less complex risks, there are some compelling arguments against dabbling preferably all within the same AOP. If something in unfamiliar areas of practice, the main ones being the does go wrong, the resulting damages may not be as increased risk of an ethical violation, malpractice claim severe and because of specialization, the firm will have and substantially higher insurance rates. Some experts developed a history of expertise and systems designed estimate that more than 50 percent of malpractice losses specifically to handle the demands of that particular occur outside an attorney’s primary area of practice. AOP. Generally, the more complex the matters being The Area of Practice Factor handled, the higher the payouts by LPL insurers when something goes wrong. Worse yet, lawyers who One of the main factors that affects the pricing, under- routinely take cases out of their typical practice area writing and procurement of lawyers professional liability are treading on an even more slippery slope – after all, (LPL) insurance is what is known as AOP factor. While you don’t know what you don’t know. insurance companies are aware that certain legal areas of To learn more about LPL coverage, contact Jenny practice generate more claims than others, most attorneys Shazes at USI Affinity today at (610) 537-1456 or may not appreciate the dramatic effect that their AOP [email protected]. has on the pricing for the LPL insurance for their firm. For more information about insurance, visit the Philadelphia Bar Association Plaintiff personal injury firms consistently report more Insurance Exchange at www.usiaffinityex.com/PhiladelphiaBar. For Lawyers’ claims on a per attorney basis than defense firms, and Professional Liability and other business coverage, you can continue to visit the the higher frequency of claims that comes with personal regular Philadelphia Bar Association Insurance Program website at www.myba- rinsurance.com/PhiladelphiaBar. If you’d like to talk to someone about insurance injury law drives higher LPL insurance pricing, and if a and benefits options for Philadelphia Bar Association members, call USI Affinity personal injury law firm handles more than 50 cases per Benefit Specialists at 1-855-874-0267. attorney per year, that can be a read flag in the eyes of For over 75 years, the divisions of USI Affinity have developed, marketed and ad- many LPL underwriters. ministered insurance and financial programs that offer affinity clients and their members unique advantages in coverage, price and service. As the endorsed THE BOTTOM LINE. Your kitchen table is for family dinners, not working.

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16 Philadelphia Bar Reporter December 2016 PhiladelphiaBar.org QUICK BITES Wm. Mulherin’s Sons: Reincarnation of Chris Painter

Q By Lee A. Schwartz helping of cauliflower, with an olive and almond puree combined with raisins. They worked well  together. The cauliflower was perfectly blanched and was warm yet firm at the same time. Chef Chris Painter was last preparing his The pasta was a special, a casaveccia pasta, a culinary works of art at Il Pittore, part of the Ste- three-inch long piece of twisted pasta, coated with phen Starr lineup of restaurants. When that closed, Parmesan cheese served with walnuts, mushrooms a great restaurant and one of the most thoughtful and chili flakes. It was wonderful. wine lists in Philadelphia, closed forever. It was a Beginning to get full, we shared the striped bass sad day. entree, served with a celery root puree, brown but- But glory be, Chris Painter has risen again! The ter, capers and trumpet mushrooms. My Trusted executive chef from Il Pittore is now the owner Companion commented “FABULOUS” after her of Wm. Mulherin’s Sons in the Fishtown neigh- first bite; it truly was. borhood of Philadelphia, where he serves a truly Wm. Mulherin’s Son’s is located at 1355 N. Front eclectic combination of foods from around the St., just off of Girard Avenue. The cozy fireplace is

world, from pizza and small plates to brunch and Photo by Lee A. Schwartz surrounded by a couch and a couple of chairs. It is main dinner courses, that are simply as good as food a nice place to hang out with a beer or a prosecco gets in Philadelphia; and, the wine list is a thoughtful and We started with a Speck and Fontina Pizza, six slices of before or after dinner. Service is very smart. Brunch is also lengthy collection, from Eastern and Western Europe as perfectly prepared pizza with caramelized onions and egg, served. Do not miss it. well as America, of approachable wines. giving this a very creamy texture. Wm. Mulherin was of Irish descent and he came to Next, we sampled a “Snack” item off the menu, Sea- Lee A. Schwartz ([email protected]) is an attorney/ America in 1869, distilling rye whiskey from the very food Mixto, a tasty bowl of rock shrimp, mussels, octopus mediator/collaborative lawyer at SchwartzJordan Law- building where the current establishment is located. On a and calamari in a parsley, lemon sauce. It was very tasty Group LLC. recent Sunday night, my trusted companion and I began and fresh. We also had the Hamachi Crudu, four slices of with “Billy’s Goods,” a list of wonderful, special wines by beautiful tuna with pistachios, mint and sweet grapefruit the glass. I enjoyed a beautiful Nebbiolo. A wine lover balanced with chilies, to give it a nice sweet/spicy kick. should spend the extra few dollars on wines from this list. We next ordered the Roasted Cauliflower, a generous

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

Note: While the following listings have been verified prior to press time, any scheduled Reception: 5:30 p.m., Estia, 1405 Locust Dec. 19 event may be subject to change by the committee or section chairs. Lunches are $9 for mem- St., Philadelphia. Register: Philadel- Public Interest Executive Committee : bers and $15 for non-members, unless otherwise indicated. Register online for most events phiaBar.org meeting, 12 p.m., 10th Floor Board at PhiladelphiaBar.org. Unless otherwise specified, all checks for luncheons and programs Room. should be made payable to the Philadelphia Bar Association and mailed to Bar Headquar- Dec. 14 ters, 1101 Market St., 11th Floor., Philadelphia, PA 19107-2955. CLE-Conducting Business with China: Dec. 20 Navigating Law and Culture: 9 a.m., 11th Employee Benefits Committee: meeting, Dec. 1 Hyatt at The Bellevue, Grand Ballroom, Floor Conference Center. Register: 12:30 p.m., 11th Floor Committee Section and Division Chairs: meeting, Broad and Walnut streets, Philadelphia. PhiladelphiaBar.org. Room South. Lunch: $9. 8:30 a.m., 10th Floor Board Room. Register: PhiladelphiaBar.org. Probate and Trust Law Annual Meeting Business Law Section Executive Commit- CLE-Mindfulness in Practice: 12 p.m., Workers’ Compensation Section Annual and Reception: 5 p.m., The Ritz-Carlton, tee: meeting, 12 p.m., 10th Floor Board LLP, 1735 Market St., Holiday Party: 6 p.m., The Downtown Ten Avenue of the Arts, Philadelphia. Room. 51st Fl., Philadelphia. Register: Phila- Club, 600 Chestnut St., Philadelphia. Register: PhiladelphiaBar.org Education Committee of the Probate and delphiaBar.org. Register: PhiladelphiaBar.org. Dec. 15 Trust Law Section: 4 p.m., location Labor Law Employment Committee: Dec. 8 Philadelphia VIP Board Meeting: 8:30 TBD. meeting, 12 p.m., 11th Floor Confer- CLE-Public Interest Law Day: 9:45 a.m., a.m., 10th Floor Board Room. ence Center. Lunch: $9. Dec. 21 Montgomery McCracken Walker & CLE-Commercial Litigation and Law Firm LRIS Committee: meeting, 12 p.m., 11th Immigration Law Committee: 12 p.m., Rhoads LLP, 123 South Broad Street. Funding Survey: 12 p.m., 11th Floor Floor Committee Room South. 10th Floor Board Room. Register: PhiladelphiaBar.org. Conference Center. Register: Philadel- Real Property Section Executive Commit- Federal Courts Committee: 12:30 p.m., Criminal Justice Section Executive Com- phiaBar.org tee: meeting, 12 p.m., Ballard Spahr 11th Floor Conference Center. Lunch: mittee: meeting, 12:30 p.m., 11th Floor Family Law Section Executive Committee: LLP, 1735 Market St., 48th Floor, Mat- $9. Committee Room. meeting, 12 p.m., 11th Floor Commit- toon Room, Philadelphia. Legal Line: 5 p.m., LRIS offices. Public Interest Section Annual Awards tee Room South. CLE - 2016 Tax Section Annual Meeting: Dec. 26 Ceremony and Reception: 5:30 p.m., Foundation Board: meeting, 12 p.m., What Do We Do About Debt: 3 p.m., The DoubleTree by Hilton Philadelphia 10th Floor Board Room. Christmas Observed: offices closed. Ritz-Carlton, Ten Avenue of the Arts, Center City, 237 S. Broad St., Philadel- YLD Cabinet: 12 p.m., 11th Floor Com- Plaza Ballroom, Philadelphia. Register: Dec. 28 phia. Register: PhiladelphiaBar.org. mittee Room. PhiladelphiaBar.org. FREE CLE-Cybersecurity: How to Keep Dec. 9 Board of Governors: 4 p.m., 10th Floor the Sky from Falling: 9 a.m., 11th Floor Dec. 2 Board Room. Philadelphia Lawyer Editorial Board: Conference Center. Register: Philadel- CLE - Canon Law 101: The First Two meeting, 12 p.m., 10th Floor Board Criminal Justice Section Annual Reception phiaBar.org. Thousand Years: 12 p.m., 11th Floor & Awards: Room. 5 p.m., The Atrium (Crystal CLE-Ethics and Incorporating New Conference Center. Register: Philadel- Tea Room), 9th Floor, Wanamaker Technologies in Your Law Practice Digital phiaBar.org. Dec. 13 Building, 100 Penn Square East, Marketing: 12:30 p.m., 11th Floor CLE-Preparing to Win a Trial and Litiga- Dec. 5 Philadelphia. Register: PhiladelphiaBar. Conference Center. Register: Philadel- tion Trends: Perspectives from Plaintiffs’ org. Cabinet Meeting: 12 p.m., 10th Floor phiaBar.org. and Defense Counsel: 9 a.m., 11th Floor Board Room. Dec. 16 Conference Center. Register: Philadel- Dec. 29 Dec. 6 phiaBar.org. FREE CLE-Cybersecurity: How to Keep the CLE-2016 Securities Litigation & Regula- Sky from Falling: 9:30 a.m., 11th Floor Delivery of Legal Services: meeting, Law Firm Pro Bono Committee: 12 p.m., tory Update: 9 a.m., 11th Floor Confer- Conference Center. Register: Philadel- 8:30 a.m., 10th Floor Board Room. Blank Rome LLP, One Logan Square, ence Center. Register: PhiladelphiaBar. 130 North 18th St., Philadelphia. phiaBar.org. org. Dec. 7 Civil Gideon Task Force: State Civil Litigation Annual Meeting and meeting, 12 Annual Meeting and Luncheon: 12 p.m., p.m., 10th Floor Board Room.

YLD examine your legacy, they will not lead Outreach Award offending student why the behavior is inap- with Woodstock. continued from page 8 propriate. The Section encourages everyone continued from page 4 If you believe in generations as cycles, to learn about the youth court program and largely ignored. The fact that we will mine is the pragmatic, idealistic one that discipline in a school setting. Students who discover the positive impact this program has be the first American generation not to will rebuild America’s institutions (most are to receive disciplinary action are provided on students. exceed the prosperity of their parents is similar to your parents). You should find with a hearing in front of a group of their The Section congratulates Phedora and hardly covered. I have never seen much a way to support us. One simple way is peers rather than receiving formal disciplin- Heather on receiving their awards. attention paid to the fact that anyone 26 to cut off the negative narrative about ary action. The offending student will be years old or younger has already spent our generation. I hope I have persuaded assigned a classmate to represent him or her, Caroline E. Diehl ([email protected]) is an half of their lives living in a nation at war, you this year that we are worth your and the student will present his or her case associate at Thomas, Thomas & Hafer LLP.; Alexis or to the fact that veterans of those wars time. before a jury of peers. The student receives C. Ouseley ([email protected]) is an at- will be Millennials. a verdict from the jury, usually including torney at Pond Lehocky Stern Giordano; Howard The recent presidential election, like Erin E. Lamb ([email protected]), associate an apology and a written essay. The youth A. Rosen ([email protected] ) is an attorney at every one in which I have been eligible to at Rawle & Henderson LLP, is chair of the court program is designed to keep students in H. Rosen Law, P.C.; Charece Z. Collins (Cha- vote, was between two baby-boomer (or Young Lawyers Division. school by avoiding formal disciplinary actions [email protected] ) is an attorney baby-boomer adjacent) candidates. The such as detention or suspension, in addition at the Law Offices of Carol L. Cingranelli; Amit 2016 candidates were near-perfect arche- to providing students the opportunity to Shah ([email protected]) is a partner at types of the two faces of boomers and it discuss their actions with a group of peers, Martin Law LLC; and Anish A. Desai (adesai@ is safe to say that when future historians who in rendering the verdict explain to the bermanvoss.com) is an attorney at Berman Voss.

18 Philadelphia Bar Reporter December 2016 PhiladelphiaBar.org People

Priscilla J. (“Sally”) Your Compliance Josh J.T. Byrne, Bradley D. Remick, Mattison, of counsel Policy Defective partner at Swartz shareholder in to Bernard M. Because It Does Not Campbell LLC, pre- Marshall Dennehey Resnick, Esq., P.C., Encourage Whistle- sented to the Office Warner Coleman & participated in the blowers?” at the 10th of General Counsel Goggin, P.C., was “Entertainment Annual European University on the a featured speaker Law” panel at Leba- GRC Summit in “Legal Pitfalls of the at the DRI Fire non Valley College’s London, England. Technology Age” on Science and Litiga- 12th Annual VALE Media Industries Sept. 8. tion Conference, held Nov. 16 – 18, in Conference. Marc Stephen Scottsdale, Ariz. Raspanti, partner Kimberly Rice, Jared C. Leon, as- with Pietragallo Gor- president/chief Charles J. Meyer, sociate at Dilworth don Alfano Bosick strategist at KLA shareholder with Paxson LLP, was & Raspanti, LLP, Marketing Associ- Hofstein Weiner presented with an was recognized as the ates, presented “5 & Meyer, P.C., Adopt Coordinator recipient of the 22nd Steps to Develop a recently participated Award on Mon- Annual Beccaria Marketing Mindset” as a panelist at the day, Dec. 5 by the Award for his contribution to the cause to the New Jersey Advanced Issues in Homeless Advocacy of justice and the advancement of legal State Bar Association’s Paralegal Special Divorce Conference Project. education. Committee. of the Pennsylvania Institute of CPAs in Sharon B. Philadelphia. Eckstein, Eckstein David N. Hofstein, a Enid H. Adler has Mediation and founding shareholder agreed to donate to “People” highlights news of members’ Conflict Resolu- of Hofstein Weiner the Villanova Law awards, honors or appointments of a tion Services, has & Meyer, P.C., was Library her per- community or civic nature. Send news to been elected chair of the moderator for a sonal, extensive and Thomas E. Rogers, Senior Managing Edi- the Lower Merion program on ethics unique collection of tor, Philadelphia Bar Reporter, at Human Relations in family law at the historical materials [email protected]. Commission. annual meeting of from the Interna- the American Academy of Matrimonial tional Criminal Court’s inception in Frederick D. Lipman, partner at Blank Lawyers in Chicago. 1998 to the present, plus inclusion of Rome LLP, presented on the topic “Is future updates.

THIS IS WHY WE’RE NOT ON THE FRONT PAGE OF THE LEGAL EVERY WEEK

You read about people getting big numbers in personal It is further understood and agreed and made part injury cases. We’re getting those numbers. We’re just not hereof, that the undersigned, their family and talking about it. representatives and their attorney(s) shall not comment, either directly or indirectly, on any aspect of Your referred clients are not just another number to brag this case or settlement to any member of news media, about. We treat them like family. or in any way publicize or cause to be publicized in any news or communications media If you have a case you’d like to talk about, call Tom Duffy direct at 215-238-8701.

55th Floor, One Liberty Place, Philadelphia, PA 19103 215 238 8700 DUFFYFIRM.COM

PhiladelphiaBar.org December 2016 Philadelphia Bar Reporter 19 Valerie Weisman Burritt

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

result, the Martindale-Hubbell© Bar Register has certified Sidney L.L. Gold Gold & & Associates Associates is pris oudproud of itsof skilled its skilled attorneys attorneys and Sidney L. Gold & Associates as a pre-eminent law firm in the andis honored is honored by the byrecognition the recognition Super Lawyers Super© hasLawyers bestowed© has field of labor and employment law. law. MoreMore thanthan 4,5004,500 lawyerslawyers uponbestowed this year’s upon recipients.this year’s recipients. throughout Pennsylvania and New Jersey look to Sidney L. Gold & Associates to refer their clients. clients.

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

20 Philadelphia Bar Reporter December 2016 PhiladelphiaBar.org