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Get Involved in DSBA Leadership! The Delaware State Bar Association is looking for a number of talented members to join the 2016-2017 Executive Committee and lead DSBA to continued success. The following positions on the Executive Committee of the Association must be filled for the year 2016-2017: Vice President-at-Large; Vice President, New Castle County; Secretary; Assistant Secretary; Treasurer; Assistant Treasurer; Six Members-at-Large Note: The Vice President, Kent County and the Vice President, Sussex County will be those persons selected by, respectively, the Kent County Bar Association and the Sussex County Bar Association. The following position must be filled for terms as noted: One (1) DSBA Representative to the Delaware Bar Foundation Board for a four-year term DSBA Delegate to the ABA House of Delegates: Two-year term The Nominating Committee wants to consider all interested candidates. If you are interested in serving on the Executive Committee or would like to recommend a candidate, please send your name or the candidate’s name along with a CV and at least one letter of nomination to Johnna M. Darby, Executive Director, by e-mail at: [email protected] or by mail at: Delaware State Bar Association, 405 North King Street, Suite 100, Wilmington, DE 19801 by February 12, 2016. WE NEED YOUR HELP TO FIND STRONG LEADERS FOR THE FUTURE! The Nominating Committee consists of: Gregory Brian Williams, Chair Yvonne Takvorian Saville, Vice-Chair New Castle County Sanjay Bhatnagar (2016) H. Garrett Baker (2017) Rebecca L. Butcher (2018) Erika R. Caesar (2016) David L. Baumberger (2017) Richard B. Carroll, Jr. (2018) Kiadii S. Harmon (2016) Meghan Elizabeth Butters (2017) Frederick L. Cottrell III (2018) Natalie J. Haskins (2016) Carolyn G. Connors (2017) Joel Friedlander (2018) Rakesh H. Mehta (2016) Michael B. Galbraith (2017) Lisa B. Goodman (2018) Sharon Oras Morgan (2016) Andrew William Gonser (2017) Timothy Jay Houseal (2018) Jordan J. Perry (2016) Albert J. Roop V (2017) Danielle K. Yearick (2017) Kent County Sussex County David J. Bever (2016) James Patrick Sharp (2016) Reneta L. Green-Streett (2017) John F. Brady (2017) Frederick A. Townsend III (2018) Julianne E. Murray (2018) Delaware State Bar Association 405 N. King Street, Suite 100 Wilmington, Delaware 19801 (302) 658-5279 DSBA BAR JOURNAL Get Involved in JANUARY 2016 | VOLUME 39 • NUMBER 6 PRESIDENT DSBA Leadership! Richard A. Forsten EXECUTIVE DIRECTOR Johnna M. Darby EDITORIAL BOARD The Delaware State Bar Association is looking for a number of talented members David W. deBruin Benjamin A. Schwartz to join the 2016-2017 Executive Committee and lead DSBA to continued success. Seth L. Thompson FEATURES EXECUTIVE COMMITTEE LIAISON Michael Houghton The following positions on the Executive Committee of the Association must be filled for the year 2016-2017: 2 Notice of the Nominating Committee PUBLICATIONS EDITOR Vice President-at-Large; Vice President, New Castle County; Secretary; Assistant Secretary; Treasurer; Assistant Rebecca Baird 18 Individual Health Insurance: The Countdown to the End Treasurer; Six Members-at-Large PUBLICATION ASSISTANTS Janice Myrick PRESENTED BY AARON W. MITCHELL, REBC Note: The Vice President, Kent County and the Vice President, Sussex County will be those persons selected by, respectively, Susan Simmons the Kent County Bar Association and the Sussex County Bar Association. 22 2016 Delaware Legal Directory Order Form The Bar Journal is published and distributed The following position must be filled for terms as noted: by the Delaware State Bar Association 405 North King Street, Suite 100 23 Photographs from the 2015 Awards Luncheon One (1) DSBA Representative to the Delaware Bar Foundation Board for a four-year term Wilmington, DE 19801 P: 302-658-5279 F: 302-658-5212 DSBA Delegate to the ABA House of Delegates: Two-year term www.dsba.org 32 DELREC’s Second Annual Casino Night a Win for All – $11,000 Raised for Legal Programming BY SAMUEL L. CLOSIC, ESQUIRE, AND TIPHANIE MILLER, ESQUIRE The Nominating Committee wants to consider all interested candidates. If you are interested in serving on the Executive © Copyright 2016 by the Delaware State Committee or would like to recommend a candidate, please send your name or the candidate’s name along with a CV Bar Association. All Rights Reserved. and at least one letter of nomination to Johnna M. Darby, Executive Director, by e-mail at: [email protected] or by mail The Bar Journal is the independent journal 33 Nominations Sought for Law Day Awards of the Delaware State Bar Association. It at: Delaware State Bar Association, 405 North King Street, Suite 100, Wilmington, DE 19801 by February 12, 2016. is a forum for the free expression of ideas on the law, the legal profession and the administration of justice. It may publish 34 Dr. Martin Luther King, Jr., Breakfast and Statewide Day articles representing unpopular and of Service Information WE NEED YOUR HELP TO FIND STRONG LEADERS FOR THE FUTURE! controversial points of view. Publishing and editorial decisions are based on the The Nominating Committee consists of: quality of writing, the timeliness of the article, and the potential interest to readers, Gregory Brian Williams, Chair and all articles are subject to limitations of good taste. In every instance, the views COLUMNS Yvonne Takvorian Saville, Vice-Chair expressed are those of the authors, and no endorsement of those views should be inferred, unless specifically identified as the 4 President's Corner 20 Access to Justice Spotlight New Castle County policy of the Delaware State Bar Association. 6 Editor’s Perspective 24 DE-LAP Zone Sanjay Bhatnagar (2016) H. Garrett Baker (2017) Rebecca L. Butcher (2018) The Bar Journal is published monthly with a combined July/August issue. 10 Tips on Technology 26 Book Review Erika R. Caesar (2016) David L. Baumberger (2017) Richard B. Carroll, Jr. (2018) All correspondence regarding circulation, 12 Commission on Law & Technology: 28 A Profile in Balance Kiadii S. Harmon (2016) Meghan Elizabeth Butters (2017) Frederick L. Cottrell III (2018) subscriptions, or editorial matters should be Leading Practices Natalie J. Haskins (2016) Carolyn G. Connors (2017) Joel Friedlander (2018) mailed to: 38 Judicial Palate Editor, DSBA Bar Journal 14 Ethically Speaking Rakesh H. Mehta (2016) Michael B. Galbraith (2017) Lisa B. Goodman (2018) Delaware State Bar Association Sharon Oras Morgan (2016) Andrew William Gonser (2017) Timothy Jay Houseal (2018) 405 North King Street, Suite 100 16 Highlights from the Courts: Wilmington, DE 19801 November 2015 Jordan J. Perry (2016) Albert J. Roop V (2017) or emailed to: [email protected] All inquiries regarding advertising should Danielle K. Yearick (2017) be directed to the address above, Attention: Advertising, Bar Journal. Kent County Sussex County Letters to the Editor should pertain to recent DEPARTMENTS David J. Bever (2016) James Patrick Sharp (2016) articles, columns, or other letters. Unsigned Reneta L. Green-Streett (2017) John F. Brady (2017) letters are not published. All letters are subject to editing. Send letters to the address 8 Calendar of Events 36 Bulletin Board Frederick A. Townsend III (2018) Julianne E. Murray (2018) above, Attention: Editor, Bar Journal. 9 Section & Committee Meetings 36 Of Note Delaware State Bar Association 405 N. King Street, Suite 100 Cover Photo Credit: © istockphoto.com/Daniel Rodríguez Quintana Wilmington, Delaware 19801 (302) 658-5279 DSBA Bar Journal | January 2016 3 PRESIDENT'S CORNER By Richard A. Forsten, Esquire A Simple Resolution for 2016: Get Involved to Make Delaware Better n last month’s column, I wrote about ware “faces a structural budget shortfall should tax the income of corporations the importance of economic develop- that will expand over time, growing to who operate here in Delaware at all — ment for the future of our state. Since 11 percent of its budget in 10 years unless might it be better for job creation, and then, things seem to have only gotten steps are taken to bring the revenue and bring more businesses here, if Delaware Iworse. As I write this column in early expenditure trajectories in line. It also had no corporate income tax? In these December, news of the DuPont/Dow faces an economic problem wherein it has challenging economic times, when merger has surfaced and some level of seen jobs and per capita income shrink budget shortfalls are already predicted layoffs are anticipated, there are talks of relative to the rest of the nation over the for the coming fiscal year, I recognize an AstraZeneca merger being reported, past decade.” The report goes on to state: that any tax cuts would be difficult; and the future home of Chemours is “[w]hen considering options to deal with but, if corporate income tax cuts led uncertain. Meanwhile, a new fall TV its long-term structure shortfall problem, to more jobs, might that not also lead show set in Wilmington is still to be it is important that the state focus on to an overall“ increase in tax revenue? called Murder Town. As we begin the improving its economic new year here in Delaware, things are not growth and avoid further So, we know there is a problem looking up for our state, and so I write burdening its economy this column to urge us all to make one with over reliance on tax — but what can we do? Where do resolution for this new year and, more increases.” I recommend we start? importantly, to stick to this resolution that everyone review this throughout the year — let us all resolve “ study in some detail; you may not agree ▪ Reform our corporate income to get involved and do everything we can with everything it says or recommends tax? I further understand that with to make our state better. (I certainly do not agree with all of it), respect to our corporate income tax So, we know there is a problem — but but it is eye-opening and helps set the that Delaware is the only state east of what can we do? Where do we start? table for a more robust discussion.