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The Monthly Newspaper of the Philadelphia Bar Association Vol. 39, No. 12 December 2010 Garcia to Discuss His Plans for 2011 White House as He Becomes Bar’s 84th Chancellor Honors Bar Like a Horatio Alger character, Rudy for Work on Garcia came from humble beginnings but has risen to the highest levels of our profession. “What better way to pay that forward than to FMLA, FLSA donate a year of service in my prime to the better- ment of Philadelphia lawyers,” said the incoming Association Chancellor Scott F. Chancellor of America’s oldest bar association. Cooper and Director of Public and Legal Services Charles Klitsch were guests of Chancellor’s Reception Jan. 5 the White House at a Nov. 19 ceremony All members of the Philadelphia legal com- hosted by Vice President Biden recog- munity are invited to attend a complimen- nizing three new programs designed to tary reception on Wednesday, Jan. 5 from 5 increase access to the justice system for to 7 p.m. in honor of Rudolph Garcia, 84th ordinary Americans. Chancellor of the Philadelphia Bar Associa- Cooper and Klitsch were invited to the tion, at the Hyatt at The Bellevue, Broad ceremony in recognition of the Associa- and Walnut streets. No RSVP is necessary. tion’s contribution to the development of one of those honored initiatives: a referral Garcia was born in South Philadelphia to the program to match claimants under the son of Mexican immigrants and the daughter of Family and Medical Leave Act (FMLA) Italian immigrants. His parents separated when and individuals with wage and hour he was five, and growing up with single parents claims under the Fair Labor Standards Act began to shape his self-reliant, independent (FLSA) with lawyers qualified to handle nature. their matters. On his own since his teens, Garcia worked to The event was also attended by At- support himself and pay for his education. He torney General Eric Holder, Secretary of attended Penn State for two years, then took time Labor Hilda Solis, Senior Counselor for off to hitchhike across the country with nothing Access to Justice Laurence Tribe, senior but the clothes on his back and $10 in his pocket. administration officials, American Bar About a year later, he returned to Pennsylvania Association President-Elect William T. and completed his undergraduate studies at Robinson and metropolitan bar presidents Temple University, graduating magna cum laude whose associations were involved in the in 1974. He then attended Temple Law School, development of the other two honored where he served as president of the moot court programs. and a member of the law review, graduating cum The referral program for FMLA and laude in 1977. FLSA claimants arose from the Depart- Photo by Londa Salamon Londa by Photo continued on page 14 Rudolph Garcia ment of Labor’s recognition that the continued on page 20 Pro Bono Non-Lawyer Network Set for 2011 Launch In This Issue n By Joseph A. Sullivan out of the recognition that high-quality bono attorneys need experts to effectively legal representation depends not only on advocate for clients. 4 Discovery Uniformity The Pro Bono Non-Lawyer Part- dedicated work by legal aid and pro bono Professor Louis S. Rulli of the Uni- 5 Awards Announced nership Network, a 2010 public service lawyers, but also on the availability of versity of Pennsylvania Law School, who initiative conceived by Chancellor Scott public service-minded professionals and chairs the effort to design and create the 8 Chancellor’s Forum F. Cooper and the Philadelphia Bar experts to ensure that justice is achieved. network, offered an illustration of the Association, is nearing its launch as an The network will actively recruit non- need: “When, for example, an indigent, 10 Hamilton Benefit innovative pilot project administered by lawyer professionals, such as accountants, elderly Philadelphian is robbed of title Philadelphia VIP to expand access to forensic scientists and handwriting to her home through a fraudulent deed 13 PNC Perspectives justice for low-income individuals and experts, who want to “give back” to the transfer, the return of her property may 15 Guidance Opinions families. community by matching their talents well depend not only upon the provision The idea of a non-lawyer network grew with cases in which legal services and pro continued on page 20 Passion Rings

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2 Philadelphia Bar Reporter December 2010 philadelphiabar.org Frontline

Editor-in-Chief Asima Panigrahi, Esq. A Busy Year of Accomplishment, Editor Emeritus Bruce H. Bikin, Esq. Progress Comes to a Conclusion Associate Editors Heather J. Austin, Esq. Ria C. Momblanco, Esq. It is with very mixed emotions that for a program. Special By Scott F. Cooper Chancellor. The many Regina Parker, Esq. I author my final column as the 83rd thanks are due to Rich- early breakfast meetings Thomas Bryan, Esq. Chancellor of the Philadelphia Bar As- ard Seidel, who chaired and after-work events Edward P. Kelly, Esq. sociation. the Association’s Board frequently translated to Sarah L. Hopkins, Esq. Julia Swain, Esq. I am sad because a truly wonderful of Governors and was a me not being at home. Nicole Edwards, Esq. year and experience are coming to an member of the Cabinet. Their support made this end. But I am thrilled that it was a year of His perspectives, counsel year possible. Contributing Editor incredible progress, accomplishment and and guidance were Soon, we will issue Richard Max Bockol, Esq. positive energy that positions us well for invaluable throughout our 2010 Annual Advisory Editors the future. the year. Report. It will be a more Sunah Park, Esq. I knew in December 2009 that there Of course, it took a complete list of the Molly Peckman, Esq. was a groundswell within our member- truly exceptional Bar As- people and projects Marc W. Reuben, Esq. ship. Our Association was ready to sociation staff to bring it that made this past year Associate Executive Director, engage head-on the new era of practic- all together and publicize it so seamlessly. so special. In the meantime, I want to Communications ing law and the daunting economy. The I cannot thank them all, but I must single highlight here just a few of the items that Mark Tarasiewicz membership was ready for bold responses out Ken Shear, Paul Kazaras, Mark Tar- made this year so successful. Senior Managing Editor, that were at times out-of-the-box and asiewicz, Susan Knight, Tracey McClos- Philadelphia Bar Association Acad- Publications untested ideas. They were looking for the key, Charlie Klitsch, Wes Terry, Michael emy. We created a signature institution Jeff Lyons Philadelphia Bar Association to fulfill its Petitti and Dawn Petit for all their work that links members of the association role as a leader, and not just host a year throughout the year. I also thank Naomi with the community and Philadelphia’s Executive Director with a politically safe agenda. McLaurin for joining the staff during wonderful civic, academic and cultural Kenneth Shear I knew that if the Association’s leader- 2010. It is an incredible team. institutions. Under the leadership of ship came ready with a plan, made the I also want to thank all my law part- Judge A. Michael Snyder, this program The Philadelphia Bar Reporter (ISSN 1098- case for innovation, was inclusive, and ners and colleagues at Blank Rome, along has already received national recognition. 5352) is published monthly and available by subscription for $45 per year by the Philadel- stayed focused on implementation, the with our great clients, without whose sup- Our sold-out events with the Philadelphia phia Bar Association, 1101 Market St., 11th results would follow. You trusted me and port none of this would have been pos- Union, KYW Newsradio 1060, Le Bec floor, Philadelphia, PA 19107-2911. Periodicals the other leaders to take those risks, and sible. A special thanks to my assistant and Fin, Philadelphia Opera Company, Apple postage paid at Philadelphia, PA POSTMASTER: Send address changes to Philadelphia Bar Re- the dividends paid off. friend, Tanya Robinson, who kept me on and Tastykake have brought members of porter, c/o Philadelphia Bar Association, 1101 As promised, we expanded programs, time and organized during this year. the association together to learn, grow Market St., 11th floor, Philadelphia, PA 19107- 2955. Telephone: (215) 238-6300. Association increased efficiencies, leveraged technol- I also must thank my wife, Karen, and find common interests. There will be Web site: philadelphiabar.org. Newspaper e- ogy and expanded communications. And and my children Amanda and Colin. even more next year. mail address: [email protected]. The edi- we did all this without ever compromis- They bore the hardest part of my being continued on page 16 torial and other views expressed in the Phila- delphia Bar Reporter are not necessarily those ing our core missions and programs to of the Association, its officers or its members. serve the community, the profession and NOTICE TO POTENTIAL JUDICIAL CANDIDATES Advertising rates and information are available an independent judiciary. from David Hoeckel at MediaTwo, 1014 W. 36th St., Baltimore, MD, 21211. Telephone: (443) Having had the chance to lead this The Commission on Judicial Selection and Retention of the 909-7824. great organization was a remarkable Philadelphia Bar Association evaluates the qualifications of persons Page 1 skyline photo by Edward Savaria, Jr./PCVB honor. I repaid your trust in me by going seeking appointment or election to the Philadelphia Common Pleas and Municipal Courts. Individuals who wish to be considered for to work every day striving, to the best appointment or who are considering filing for the 2011 primary of my abilities, to make this the best bar election as judicial candidates should contact the Commission on association possible. In the process, we Judicial Selection & Retention c/o Charles J. Klitsch, Esq., the Bar Tell Us brought additional national and interna- Association’s Director of Public and Legal Services, to obtain a What You Think! tional recognition to what is already one Judicial Evaluation Questionnaire, the Commission’s Guidelines of the best bar associations in the world. for Evaluation of Attorney and Judge Candidates and Bylaws of the The Philadelphia Bar Reporter Philadelphia Bar Association. In order to ensure that each candidate welcomes letters to the editors for Most important, I can close the year by receives a full and fair evaluation, the completed questionnaire must publication. Letters should be typed. reporting that we delivered on all those be returned by Wednesday, Dec. 8, 2010 to “Judicial Commission,” There is no word limit, but editors bold promises. Philadelphia Bar Association, 1101 Market St., 11th Floor, Philadelphia, reserve the right to condense for In this column, I cannot possibly PA 19107-2955. Also, candidates who have previously been evaluated clarity, style and space considerations. thank all the individuals who made this by the Commission are invited to contact the Association to determine whether their ratings are current by calling Mr. Klitsch at (215) 238- Letters must be signed to verify year possible. All we accomplished was authorship, but names will be withheld 6326. upon request. Letters may be mailed, only because countless and dedicated vol- faxed or e-mailed to: Jeff Lyons, Senior unteers gave freely of their time at every Individuals are reminded that under the Commission’s Guidelines, Managing Editor, Philadelphia Bar level of this Association – from the leaders any candidates who do not participate in the Commission’s evaluation Reporter, Philadelphia Bar Association, of our signature initiatives, to the chairs process will receive “Not Recommended” ratings if they continue to 1101 Market St., 11th floor, Philadel- of our sections and committees and their pursue either appointment or election. phia, PA 19107-2955. Phone: (215) many subcommittees, to our board mem- A. Harold Datz, Esquire 238-6345. Fax: (215) 238-1159. E-mail: bers and to each and every one of you [email protected]. 2010 Chair, Commission on Judicial Selection and Retention who attended an event or volunteered philadelphiabar.org December 2010 Philadelphia Bar Reporter 3 Philadelphia Court of Common Pleas Judges (seated, from left) Sandra Mazer Moss, William J. Manfredi Discovery and Howland Podcast J. Abramson join (stand- Uniformity Spotlight ing from left) Rules and Visit philadelphiabar.org for Procedure is Elusive, a podcast from this event. Commit- tee Co-Chair Mark N. Cohen and Judges Jacqueline F. Allen Judges Say and Allan L. Tereshko at the Committee’s Nov. 3

meeting. Lyons Jeff by Photo n By Edward P. Kelly

While the panelists and those in attendance at a Nov. 3 Rules and Proce- dure Committee program on uniformity December CLE Calendar in Discovery Court may have agreed that uniformity is a worthy goal, the search may be never ending due to the variety of These CLE programs will be held at cases the court handles and the require- The CLE Conference Center, Wanamaker Building. 10th Floor, ments of each individual judge. Suite 1010, Juniper Street entrance unless otherwise noted. Philadelphia Court of Common Pleas Judge William J. Manfredi is of the 12/1 & 2 • Starting a New Business 12/16 • The Complete Legal negotiator (PEG) opinion that equity, and not uniformity, 12/2 • Ohlbaum on Evidence Advocacy: Using the Rules of • The Preparation and Trial of the Products Liability is what is necessary in Discovery Court, Evidence to Persuade Case: A Course for the Experienced Practitioner 12/17 and that discovery disputes constitute the • Municipal Liability Actions 12/2 & 3 • 14th Annual Real Estate Institute (Pennsylvania most unwieldy portion of what judges • ARBs and ADRs: An Insightful Look at... Convention Center, 12th & Arch Streets) do from day to day. However, he believes • Ethics Potpourri - Understanding the Impact of Social that administratively, the Discovery • PLI - New Developments in Securitization 2010 Networking o You and Your Clients Court is the most uniform in the country 12/3 • Financial Fraud 12/20 • Draft ing Legal Opinion Lett ers and argues that there is no uniformity at 12/6 • E-Commerce: legal and Practical Issues • Facebook, Twitt er & Blogging...Oh MySpace! any level of the federal court system. In • Assessments in Pennsylvania: What’s New! his courtroom, Judge Manfredi, supervis- • Business Divorce, Hareholder Relations 12/21 • Seven Steps to Becoming an Extraordinary Trial Lawyer ing judge of the Civil Division, expects • Internet Defamation the parties to be able to engage in a • Ethics Potpourri: When Luck Runs Out 12/7 • Labor law Symposium colloquy with him in order to arrive at • Hot Bott on Enforcement Issues for In-House Counsel 12/8 • Your First Divorce Client a resolution, and to be prepared to talk 12/22 • Ethics Potpourri: LIVE reasonably about the issues. He cautioned • PLI - Banking Law Institute - An Att orney’s Work and Taran’s Wandersings lawyers to avoid putting the court in a • 2010 Criminal Law Update - PBA Professionalism Committ ee Update position to examine a large number of - Ethical Consideration for marketing Your Law Practice with discovery requests, but instead counsel 12/9 • 2010 Public Interest Law Day Social Networking Sites should help the court find the overriding 12/9 & 10 • PLI - Preparation of Annual Disclosure Documents - Understanding the Impact of Social Networking on You and Your lients issue. Finally, Judge Manfredi said he was 2010 - Hot Issues in Securities Laws - When Luck Runs Out liberal in allowing discovery, and pointed 12/10 • Death and Taxes Encore - Strategic Approaches for Stress, Substance Abuse and out that “discoverable” and “admissible” Depression • Ethics Potpourri - Understanding the Impact of are two very different issues. Social Networking on You and Your Clients 12/23 • Representing the Liquor Licensee Judge Sandra Mazer Moss wholeheart- 12/13 • Premarital Agreements: A Practical Approach • Ethics Potpourri: Strategic Approaches for Stress, edly agreed with Judge Manfredi’s opin- • Preparation of Annual Disclosure Documents & SEC Update Substance Abuse and Depression ion regarding uniformity, and stressed • Ethics Potpourri - When Luck Runs Out 12/27 • What Jurors Really Think about Low Impact Auto Accidents that each case is different. In an effort to • Cocktail Party Chatt er • Ethics Potpourri: Understanding the Impact of Social establish uniform procedures, discovery 12/14 • Zoning in Philadelphia networking on You and Your Clients issues are discussed at the weekly team • Ethics Potpourri - Strategic Approaches for Stress, 12/28 • General Practitioners’ Update 2010 leader meetings. In her courtroom, Judge Substance Abuse and Depression • Ethics Potpourri: When Luck Runs Out Moss expects the attorneys to be prepared • Condos & HOAs from A to Z: Understanding the Basics • Pension Problems, Pitfalls and Solutions: The Viewpoint and have a firm grasp of not only the of the Master, Expert and Counsel issues, but also where the relevant docu- 12/15 • Legal Writing and Persuasion in the Smart Phone Age ments are located in the file. Keep your • “Entertaining” Evidence - Cross Examination for the 12/29 • Trials: Tips, Tactics & Practical Tales motion brief and your exhibits short. 21st Century • Ethics Potpourri: Strategic Approaches for Stress, If you want to object, do so within the • The Surprisingly Useful Things Legal Writers Can Substance Abuse and Depression 30-day time period, and give your best Learn from Fiction • Understanding Easements in Pennsylvania reason for the objection. Judge Moss 12/30 • Ethics Potpourri: Understanding the Impact of Social does not want to see what she termed networking on You and Your Clients “schoolyard squabbles” before her. Her most important piece of advice was to try not to come to Discovery Court in the f www.pbi.org first place by attempting to work out the dispute with opposing counsel. f 800-932-4638 Judge Jacqueline F. Allen also believes continued on page 5

4 Philadelphia Bar Reporter December 2010 philadelphiabar.org 2011 Philadelphia Bar Association Budget Seven to Share Sources of Funds Membership Dues...... $2,400,000 Lawyer Referral Service...... 418,400 Committee Programs...... 18,000 Bar’s Top Awards Publications...... 305,000 Interest and Dividends...... 45,000 rendered as a paid professional; and it is Royalties...... 670,000 n By Jeff Lyons preferred that the recipient be a member Affiliate Services...... 40,000 of the Philadelphia Bar Association not Special Events...... 251,328 U.S. Magistrate Judges L. Felipe now in public office or directly involved YLD Program...... 15,000 Restrepo and Timothy R. Rice will with court operations or any other public Outside Groups...... 172,500 receive the Association’s Justice William service activity. Other Income (including catering and reproduction costs)...... 137,994 J. Brennan Jr. Distinguished Jurist Award The Supervision to Aid Re-entry Total Revenue...... $4,473,222 for their work presiding over the Supervi- Program, initiated in 2007, serves Phila- Application of Funds sion to Aid Re-entry Program. The award delphians returning home from federal Lawyer Referral...... 89,850 will be presented at the Association’s prison and who are under the supervision Committee Activities...... 27,000 Annual Meeting Luncheon on Tuesday, of the U.S. Probation Office and deemed Meeting Services and Special Events...... 398,030 Dec. 7. to be at risk of re-offending and returning Communications...... 17,005 Also at the meeting, five attorneys who to prison. Judges Restrepo and Rice meet Affiliate Programs (VIP and DLSC)...... 125,000 worked to make Philadelphia’s Com- biweekly with a group of 25 participants. Bar Association Legal Services Programs...... 9,710 merce Court become a reality will receive The judges talk with each member of the Publications...... 13,526 the 2010 Wells Fargo Fidelity Award. group about the progress of their re-entry. Member Services...... 99,548 The recipients are Mitchell L. Bach, The judges help the participants re-estab- Executive...... 261,666 a member of Eckert Seamans Cherin & lish themselves as productive members of Finance and Administration...... 266,486 Mellott, LLC; Edward G. Biester III, a their families and communities. After 52 YLD Program...... 55,000 partner with Duane Morris LLP; Gregory successful weeks in the program, partici- Overhead...... 236,498 H. Mathews of Effective Dispute Resolu- pants graduate and have their supervision Rent...... 140,000 tion Services, LLC; Darryl J. May, a part- term reduced by as much as one year. Total Program Services...... 1,739,319 ner with Ballard Spahr LLP; and Marc The Brennan Award, chaired by J. Sonnenfeld, a partner with Morgan, Michael Barrett, recognizes a jurist who Support Services Lewis & Bockius LLP. adheres to the highest ideals of judicial Employee Salaries...... 1,630,935 “They all worked together for a service. Any member of the state or fed- LRIS Salaries...... 243,418 number of years to get Commerce Court eral bench, whether active or retired, who Employee Benefits...... 727,849 started,” said Wells Fargo Fidelity Award has made a significant, positive impact on LRIS Benefits...... 90,147 Committee Chair and past Chancellor the quality or administration of justice in Stationery, Postage and Office Expense...... 41,020 Jane Leslie Dalton. “Commerce Court Philadelphia is eligible for consideration. Total Support Services...... 2,733,369 has become not just prominent here but Examples of accomplishments worthy nationally famous. Businesses don’t mind of nomination include innovations in Total Expenses...... 4,472,688 going there because they know they are court administration, implementation of Change in Net Assets...... $534 going to get judges who are used to deal- pioneering case management techniques, ing with business problems.” assumption of a leadership role in areas The criteria for the award are signifi- affecting the administration of justice, Board Approves 2011 Budget cant accomplishments in improving the publication of a significant opinion, ar- administration of justice (preferably in ticle, or other scholarly work, or the like. The Board of Governors has ap- and crunching the numbers for this bal- Philadelphia); the absence of prior recog- Previous winners of the Justice William proved a $4.47 million budget for 2011, anced budget, especially our CFO, Susan nition for this work by the Philadelphia J. Brennan Jr. Distinguished Jurist Award an increase of just 3.8 percent over this Knight,” said Chancellor-Elect Rudolph Bar Association; distinguished service include Justice Brennan, Judge Annette year’s budget. Garcia, who presented the budget. consistently rendered over a considerable M. Rizzo, Judge Albert W. Sheppard Jr., The unanimous approval came at the “We are continuing to rely less on period of time or a single outstanding Judge Sandra Mazer Moss, Judge Louis Board’s Oct. 28 meeting and followed dues and more on revenue from other achievement in a particular year. (The fact Presenza, Judge Edmund V. Ludwig, several months of meetings and discus- sources, such as our revised contracts with that this single achievement may have Judge James R. Melinson, Judge Louis sions with the Association’s professional the Pennsylvania Bar Institute and our occurred some years ago is not material Pollak, Justice Russell M. Nigro, Judge staff and elected leadership. publications vendor. This has allowed us so long as it has not been recognized.); James T. Giles, Judge Louis C. Bechtle, “Our Bar staff did an excellent job to expand our services even in these chal- the accomplishment must arise from Judge Edward R. Becker, Judge Phyllis W. gathering all the information we needed lenging economic times,” Garcia said. voluntary activities rather than for service Beck and Judge Alex Bonavitacola.

template for discussion with counsel. Judge Allen advised Finally, Judge Howland F. Abramson also expressed Discovery lawyers to come to court prepared and to know the nar- consternation about “trivia” being brought into the court- continued from page 4 row issue. room. He advised lawyers to follow the process pursuant Judge Allan L. Tereshko said that this has been a light to the Rules of Civil Procedure before filing a motion. that there is uniformity in the approach to discovery year for discovery motions, and has only had to schedule And be sure to speak with opposing counsel, even if it is issues. However, she sometimes finds it hard to see the hearings every other week. Judge Tereshko does not ap- the day of the hearing, before completing the certificate legal issues in certain disputes. Judge Allen said that it preciate when personal animosities enter the courtroom. of good faith. frustrates judges when the parties bring non-legal issues He advised that counsel be prepared, and at least try to involving squabbles between lawyers before the court, or read as much of the file as you can before the hearing. Edward P. Kelly ([email protected]), a partner with Astor when the court is asked to assess the veracity of another Keep the “silly stuff” out of the courtroom, be reasonable Weiss Kaplan & Mandel, LLP, is an associate editor of the lawyer. When in court, she uses the proposed order as a and communicate with opposing counsel. Philadelphia Bar Reporter. philadelphiabar.org December 2010 Philadelphia Bar Reporter 5 One Price, The legal direcTory TriPle Value 2011 update is under way! Online Database Mobile Access WATCH YOUR MAILBOX FOR UPDATE INFORMATION! Print Directory

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Questions? A limited number of copies of Please contact us at 443-909-7843 The Legal Directory 2010 or [email protected]. are still available! The legal directory c/o Media Two 1014 West 36th Street E-mail [email protected] to order. Baltimore, Md 21211 The Legal Directory 2011 will be available April 2011.

6 Philadelphia Bar Reporter December 2010 philadelphiabar.org Sections, Committees Plan Annual Year-End Events The Association’s Sections and Committees have planned their annual receptions and events. Real Property Section Annual Meeting • The Workers’ Compensation Sec- tion Annual Holiday Party will be held Thursday, Dec. 2 at Cescaphe Ballroom, 923 N. 2nd St., from 6 to 9 p.m. • The State Civil Litigation Section Annual Reception will be Monday, Dec. 6 at Smith & Wollensky, 210 W. Ritten- house Square from 5:30 to 7:30 p.m. • The Criminal Justice Section Annual Holiday Party will be Wednesday, Dec. 8 at Le Meridien, 1421 Arch St. from 6 to 8 p.m. The event is sponsored by LexisNexis. • The Tax Section Annual CLE and

Dinner will be Wednesday, Dec. 8 at the Lyons Jeff by Photo Westin Philadelphia, 99 S. 17th St. Real Property Section Vice Chair Cheryl L. Gaston (from left) is joined by Yael Lehmann, executive director of The • The Probate and Trust Section An- Food Trust, Philadelphia Business Journal reporter Natalie Kostelni and Section Chair Alfred R. Fuscaldo at the Sec- tion’s Nov. 11 Annual Meeting at Loews Philadelphia Hotel. Lehmann received the Section’s Harris Ominsky Good nual Reception is Thursday, Dec. 9 at the Deed Award and Kostelni was the keynote speaker. More than 150 people attended. Radisson Warwick Hotel, 1701 Locust St. from 5 to 7 p.m. • The Public Interest Section Annual • The Senior Lawyers Committee Reception will be Thursday, Dec. 9 at Reception will be Wednesday, Dec. 15 To purchase tickets to any of these Loews Philadelphia Hotel, 1200 Market at The Palm, Broad and Walnut streets, year-end events, please visit WebCheck philadelphiabar.org. St., from 5:30 to 8:30 p.m. from 5:30 to 7:30 p.m. • The Family Law Section Annual • The LGBT Rights Committee and Reception will be Tuesday, Dec. 14 at Civil Rights Committee will hold a joint Association headquarters, 1101 Market Party will be Thursday, Dec. 16 at the Ruth’s Chris Steak House, 260 S. Broad Holiday Party on Wednesday, Dec. 15 in St., from 5 to 7 p.m. Mutter Museum at The College of Physi- St., from 6 to 9 p.m. the 11th Floor Conference Center at Bar • The Young Lawyers Division Holiday cians, 19 S. 22nd St., from 6 to 9 p.m.

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philadelphiabar.org December 2010 Philadelphia Bar Reporter 7 CHANCELLOR’S FORUM Search, Negrin’s Seizure Mission: Laws Get Improving Adjusted Life in City n By Angie Halim Recent cases have continued to n By Michael Petitti tweak and refine well-settled state and federal law regarding searches and It did not take long for Richard seizures, noted civil rights attorney David Negrin, Philadelphia’s managing director Rudovsky told members of the Criminal and deputy mayor for administration and Justice Section at a recent meeting. coordination, to recognize the magnitude There are some threshold issues that of his role in the city. state and federal courts must address “We had a duck boat disaster on the before getting to the merits of any con- river my second day [on the job],” Negrin stitutional claim: standing and whether said. “It was a baptism by fire but I think there was a search or seizure. In this it is indicative of why the managing direc- context, courts have consistently held that tor is so important. The process of coor- a defendant only has standing to raise dinating with many agencies and making constitutional claims if he had a reason- decisions in a decisive manner when time able expectation of privacy. If there was is of the essence and the whole world is no reasonable expectation of privacy, watching is what this role is about.” Lyons Jeff by Photo there is no applicable suppression remedy. Negrin shared his thoughts for improv- City Managing Director Richard Negrin’s four priorities for 2011 include per- Similarly, constitutional protections only formance management, resolving vacant land issues, instituting programs that ing Philadelphia at the final Chancellor’s improve neighborhood life and emphasizing customer service. He spoke at a apply if there has actually been a search Forum of Scott F. Cooper’s term on Nov. Nov. 15 Chancellor’s Forum. or a seizure within the meaning of the 15. His remarks focused on four key Fourth Amendment. priorities for the upcoming year: perfor- Negrin has been tasked with bring- “In those 10 to 20 blocks, there’s The development of new technol- mance management, resolving vacant ing together city agencies to address the no such thing as a ‘no snitch’ culture,” ogy poses unique issues in the arena of land issues, instituting programs that issue. Four working groups of appropri- Negrin said. “The crime rate has dropped suppression litigation. Law enforcement improve neighborhood life, and empha- ate stakeholders, including city council, drastically in the last year, it’s cleaner, and officials have began using GPS devices to sizing customer service. have been created to help solve problems a lot of our service and volunteer efforts electronically follow defendants’ vehicles. “The managing director runs the infra- concerning the collection of inventory, are being funneled through there. It’s re- In the past, courts have held that electron- structure of the city,” Negrin said. “You acquisition, disposition, and maintenance ally starting to work.” ically following a defendant’s vehicle for can impact the most change in a short and enforcement. Overriding all other initiatives, Negrin a few hours was permissible, even where period of time. I take that to heart.” “What bothers me the most is that said, is a customer service performance police surreptitiously placed a device on a During his first few months as there is a substantial number of [vacant culture he seeks to instill inside city defendant’s car. Two circuit cases recently managing director, Negrin learned the land tracts] that are owned by outside government. addressed the use of GPS devices to city’s performance management system, speculators…who don’t care about our “The city is at a place where it is electronically follow defendants’ vehicles PhillyStat, was “broken” and immediately community [and] allow land…to become incredibly resistant to change,” Negrin for much longer periods of time. In both suspended it. havens of bad quality of life in our neigh- said. “[Championing a customer service cases, law enforcement secretly – and “[Employers must] communicate borhoods.” culture] is a campaign for the hearts and without warrant – placed a device on the expectations, key metrics, targets and One of Negrin’s main complaints is the minds of the people who work in those defendants’ vehicles and then monitored where [they] want to go,” Negrin said. quality of life, specifically, the cleanliness jobs and have been doing things a certain their movements for months. The D.C. “Employees [will] align their mission; of the city. way for a long time. Circuit, in U.S. v. Maynard, said that was they will feel a part of something bigger “One of the things that upsets me “The eight departments that report unconstitutional. In contrast, the Ninth then themselves.” when I travel is that there are larger cities to me need to understand that the other Circuit, in U.S. v. Pineda-Moreno, said Negrin’s revamped system is being in America that are cleaner than ours,” people in government are their custom- that was permissible because everything piloted through the eight departments Negrin said. “That is inexcusable.” ers,” Negrin said. “If you’re not looking the defendant did in his car was exposed that report to him. Operation reviews will Within the next two months, Ne- at your internal processes and ways that to public view. Rudovksy opined that the be performed in five key areas: personnel, grin said, a pilot program will be rolled you can improve them, then you’re not Supreme Court will have to weigh in to operations, budget, technology initiatives out that addresses cleanliness and other getting better every day.” resolve this circuit split. and sustainability. quality of life issue in three Philadelphia The second threshold issue, whether “We all need to understand why we do neighborhoods: Market East, Frankford there has actually been a search or a what we do every single day in order to Avenue near Frankford Hospital, and the seizure, comes up much more frequently, do it well,” Negrin said. 19th District near Cobbs Creek Park. Podcast said Rudovsky. There are three scenarios: The city has been wrestling with the is- The program is modeled after a success- Spotlight the “mere encounter,” an investiga- sue of vacant land for nearly 40 years with ful community improvement effort that Visit philadelphiabar.org to listen to tive detention (i.e., the “stop and frisk” very little progress, he said. “We need a recently took place in the 26th District in the podcast from this meeting. scenario), and a full-scale arrest. The more detailed, cohesive plan.” North Philadelphia. continued on page 13

8 Philadelphia Bar Reporter December 2010 philadelphiabar.org Honorees: Visibility Can Improve Business n By Heather J. Austin

Being an exceptional lawyer is no longer the accepted sole attribute of a successful legal career. Navigation of the path to partnership requires business development as well. This can be done by bringing in business and/or becom- ing a pivotal resource for the retention of current clients. You are part of your firm’s revenue source, according to Stephanie Resnick, chair of Fox Rothschild LLP’s Litiga- tion Department and a speaker during Tarasiewicz Mark by Photo Roberta D. Pichini (from left), Women in the Profession Committee Co-Chairs Nikki Johnson-Huston and Kimberly Ruch- the Oct. 26 Women in the Profession Alegant, JoAnne A. Epps, Lynn A. Marks and Stephanie Resnick meet before the Oct. 26 Committee meeting. Committee meeting. Resnick, this year’s recipient of the Sandra Day O’Connor ops business in a different way. Look to of maintaining relationships; however, she bers to keep biographies current on firm Award, commented on the importance your current relationships. Your friend or also encouraged each attendee to think websites. of making yourself visible, within and dentist may be your next source of busi- about her career and develop a strategic Pichini encouraged thoughtful con- outside of the firm. Choose an activity ness. While not the sole factor, there is plan to position herself to achieve her sideration of short-term goals, a senti- that interests you and participate. While still no substitute for being an exceptional long-term goals. Epps also recommended ment repeated by Marks, who suggested doing what you love, you will be planting lawyer, and this skill will help you to that one keep her resume as if she were an that meeting your short-term goals may the seeds needed to grow your business. develop business, especially if you develop academic, documenting each and every provide the motivation needed to strive Your activities will lead to networking and a niche that will allow you to be indis- activity and accomplishment as if it were toward your long-term goals. According new business opportunities. Resnick was pensible. Clients remember exceptional a diary. This need not be published in to Pichini, one must deal with the current joined on the panel by former O’Connor service and will likely call upon you with a particular format, but it will provide firm environment, looking up to see Award recipients JoAnne A. Epps, Lynn new matters. valuable documentation of your relevant who is in a position to hinder or facili- A. Marks and Roberta D. Pichini. Epps, dean of Temple University Beas- experience when an opportunity arises. tate progression; looking around to see According to Resnick, everyone devel- ley School of Law, echoed the importance Resnick also suggested audience mem- continued on page 12 Brevity, Familiarity Key to Appellate Success n By Thomas L. Bryan Podcast Brevity in one’s argument, familiar- ity with the judges you argue before and Spotlight conformity to the Rules of Appellate Visit philadelphiabar.org to listen to Procedure are the hallmarks of strong the podcast from this meeting. appellate practice, retired Pennsylvania Superior Court Judge Richard B. Klein assisting firms in their appellate advo- told members of the Appellate Courts cacy, the first question Judge Klein will Committee at a Nov. 8 program. ask is, “who’s on the panel.” He related Judge Klein acknowledged that the knowing the members of one’s panel rules can be difficult to decipher. How- to malpractice, and explained that the ever, in his years on the Superior Court he personalities and tendencies of the judges found that too often even the most obvi- can not only shape the argument, but the ous and clear rules, such as page limits, appellate strategy as well. Being prepared went unheeded by attorneys. for the timing, focus, and habits of the Photo by Wesley Terry Wesley by Photo When it comes to crafting oral argu- Appellate Courts Committee Chair Kimberly A. Boyer-Cohen greets Judge Rich- judges one argues before is invaluable. ment, Judge Klein gave several sugges- ard B. Klein before his appearance before the Committee on Nov. 8. Hammering this point home during a tions. First, have a theme. Second, craft question-and-answer session, Judge Klein oral argument that takes less than the Finally, Judge Klein remarked that judges that attorneys only present their strongest said that he would take a rotten brief and time allowed, as time limits are strictly are people too, and are not immune to legal points at oral argument. He also a good panel over a stellar brief and a enforced and judges will inevitably have first impressions. Therefore, presentation suggested simply declining to argue if bad panel, any day. He briefly discussed questions about specific legal issues in the matters. all three judges seem to be hammering issues surrounding the political lean- case. Third, Judge Klein stressed brevity, Judge Klein explained that the purpose one’s opponent, stating something to the ings and judicial philosophy of Superior explaining that almost without exception, of oral argument is to highlight what is effect of, “your honors I believe that you Court judges and sees these as a reality of Superior Court judges will have a strong in one’s appellate brief. However, as legal understand the issues of the case, I’ll rely appellate practice, which attorneys should grasp of the facts of the cases before them issues are not waived merely because they on my brief unless of course you have any accept and strategize around. and the related briefs. Therefore, oral are not brought up in oral argument, further questions.” arguments should simply hit the high attorneys should not feel compelled to ad- The focus of Judge Klein’s presenta- Thomas L. Bryan ([email protected]) points, reserving a majority of the allotted dress every legal issue brought up in their tion then shifted to Superior Court is an associate editor of the Philadelphia Bar time to field questions from the bench. brief. He again urged brevity, suggesting judges themselves. In his current position, Reporter. philadelphiabar.org December 2010 Philadelphia Bar Reporter 9 By Amy B. Ginensky Bar Foundation When it Comes to GSD, Do More

This is my last column as president – was the same. community, are nothing to sneeze at. of the Bar Foundation. As I think about So why am I thinking GSD? When I So, let’s look at the list. the past two years (and while this may started as president nearly two years ago, • Let’s start with the Andrew Hamil- seem odd), I am fixated on a concept there were so many things on my “to ton Benefit. First, we changed the gala embraced in our family – GSD. do” list, I kept repeating to myself, “just to a benefit, highlighting the funda- Maybe you know what GSD means, GSD.” Under the leadership of Elaine mental purpose of the event – raising the event also exceeded our goal. but until recently we thought that the Rinaldi, the immediate-past president of much-needed funds for our nonprofit • We had several other successful events acronym originated with my husband, the Foundation, and my personal hero, legal services organizations. Both last year, over the last two years. Rod Wittenberg a master of GSD. It was also a term we the Bar Foundation completed a strategic and this year, we held events, which our and his committee managed, in a time thought no one else knew. So this year, plan at the end of her term, in which we legal community supported through at- when these types of events have struggled, when my daughter walked into an MBA agreed to a long list of things to accom- tendance and sponsorships. Even though to hold two successful golf outings. And management class and found written on plish. So, I set off to GSD. Unfortunately, our community was hurting, many the YLD’s Comedy Nights helped us last the blackboard GSD (which the professor on the way, we ran into the recession, reached deep to make these events hugely year, and hopefully this year, to reach our explained was what everyone should aim so all those things that I thought would successful. Indeed, this year, led by Tom grant goals. to do when running an organization), be easy ones to knock off, turned much Brophy and Rudy Garcia, and supported • Our Cy Pres Committee, chaired Lisa was shocked and thought her dad’s more difficult. The list did not get any by hard-working staff volunteers and by Debbie Gross and Chris Ritchie, did intellectual property had been misap- shorter with time. Board members, as well as donors, spon- everything it could to increase awareness propriated. It turns out that although one Although we have not accomplished sors and patrons, the event netted nearly of the Bar Foundation as a potential re- word in the acronym was different for our everything on that list (sorry Elaine), the $275,000. Incredible. Last year, led by cipient of cy pres funds, and helped raise family, the concept – getting stuff done steps we have taken, as a Board and as a Wendy Beetlestone and Michael Pratt, continued on page 21 Hamilton Benefit Nets $275,000 for Bar Foundation

Philadelphia Bar Foundation President Amy B. Ginensky (left photo, from left) con- gratulates Daniel Segal and Rebecca L. Santoro of Hang- ley Aronchick Segal & Pudlin after their firm was presented with the Philadelphia Bar Foundation Pro Bono Award. Past Chancellor Edward F. Chacker (right photo) of Gay Chacker & Mittin, P.C., whose firm also received a Philadel- phia Bar Foundation Pro Bono Award, poses with Ourania Papademetriou of Philadel- phia VIP, who received the Philadelphia Bar Foundation Award at the Nov. 6 event. Photos by Mark Garvin Mark by Photos The Andrew Hamilton Benefit was chaired by Chancellor-Elect Rudolph Garcia (left photo, from left) and Thomas Brophy. More than 350 people attended the Benefit at Lincoln Financial Field, which included a silent auction and a tour of the Eagles locker room. This year’s Benefit netted nearly $275,000 for the Bar Foundation’s grantmaking which funds more than 30 public inter- est legal organizations that provide vital legal services to thousands of the most vulnerable residents in our community.

10 Philadelphia Bar Reporter December 2010 philadelphiabar.org public interest section Public Interest Law Day Dec. 9; Earn 6 CLE Credits n By Ourania Papademetriou The Awards Ceremony features the expanding and enforcing the educational law student for the 2011 summer term. presentation of the 2010 Andrew Hamil- rights of Pennsylvania’s schoolchildren. At the Awards Ceremony, the Section will The Public Interest Section has a ton Award for distinguished public service This year, the Awards Ceremony will also present its third annual Law Student full day of events planned for Thursday, advocacy. Len Rieser, executive director also feature the selection of one pub- Awards, which recognize a third-year law Dec. 9, beginning with an informative of the Education Law Center, is this year’s lic interest legal organization that will student from each of the six Philadelphia CLE program known as Public Interest Andrew Hamilton Award winner. Rieser receive the Judge A. Leon Higginbotham area law schools who has demonstrated Law Day and ending with a celebration has dedicated his professional career to Scholarship to subsidize the hiring of a continued on page 19 at its Annual Awards Ceremony and Reception. The Section’s Delivery of Legal Services Committee (DLSC) is once again spon- Thank You to the Sponsors soring the full-day CLE program from 9 a.m. to 4:30 p.m at The CLE Conference of the Philadelphia Bar Foundation Center on the 10th floor of the Wana- maker Building, Juniper Street entrance. 2010 Andrew Hamilton Benefit The program “Good News: Despite the The Board of Trustees of the Philadelphia Bar Foundation and the Host Committee of the 2010 Andrew Hamilton Benefit gratefully acknowledge the generosity of the following law firms, individuals and businesses that share Recession, We Are Making Progress!” is our commitment to promoting access to justice for all members of our community. designed for public interest attorneys, pro bono attorneys and private practitio- DIAMOND SPONSOR SILVER SPONSORS ners who are interested in learning more Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C. about current hot topics in the practice of Chimicles & Tikellis LLP public interest law. This year the co-chairs Comcast of the DLSC CLE planning subcom- LOCKER ROOM PRE-EVENT SPONSOR Dilworth Paxson LLP Dolchin, Slotkin & Todd, P.C. mittee are Amy Hirsh, CLS managing Duffy + Partners attorney of Law Center North Central, Eckert Seamans Cherin & Mellott, LLC and Sue Wasserkrug, Senior Law Center Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. PA Helpline supervising attorney. EXCLUSIVE MEDIA SPONSOR Feldman, Shepherd, Wohlgelernter, Public Interest Law Day features a Tanner, Weinstock & Dodig LLP distinguished faculty of judges and public Kline & Specter, P.C. Magna Legal Services interest law experts and offers a total of Marks, O’Neill, O’Brien & Courtney, P.C. six CLE credits, including one ethics Montgomery, McCraken, Walker & Rhoads, LLP credit. The program opens with a panel PLATINUM SPONSORS Oppenheimer & Co., Inc. PECO discussion “The Nickleby Family Faces Anonymous in honor of the Post & Schell the Recession: How the Economic Safety Chancellorship of Scott F. Cooper, Esquire RecordTrak Net Fails Our Clients.” The program also Reed Smith LLP offers attendees the choice of attend- Saltz Mongeluzzi Barrett & Bendesky Segal McCambridge Singer & Mahoney, Ltd. ing two of the following sessions: “The Tactix Real Estate Advisors, LLC End of the Mortgage Foreclosure Crisis? The Beasley Firm – Updates on Consumer Law;” “From Veritext Wilson Elser Moskowitz Edelman & Dicker LLP Arizona to Hazelton: Immigrants’ Rights in an Intolerant Era;” “Hot Ethics Topics Gerald A. McHugh, Jr., Esquire CONTRIBUTORS & Maureen Tate for Public Interest Attorneys and the Caesar, Rivise, Bernstein, Cohen & Pokotilow, Ltd. Courts;” “Being An Advocate Outside DeCrescenzo Reporting Chartwell Investment Partners of the Courtroom: Developing Effective The Justinian Society of Philadelphia The MCS Group, Inc. Legislative Advocacy;” “Courtroom Up- GOLD SPONSORS dates: Attorneys’ Fees and Rights of LEP Nihill & Reidley Philadelphia Trial Lawyers Association Litigants;” and, “Recent Trends in Iden- Philadelphia Association of Defense Counsel tity Issues.” The program concludes with SMR Legal Search The Dispute Resolution Institute a panel discussion “Moving Forward: The TASA Group Implementing Health Care Reform.” Teeters Harvey Gilboy & Kaier LLP To register for the Public Interest Law Weinstein Schleifer & Kupersmith Woodcock Washburn Day CLE program, contact PBI at 1-800- Zarwin, Baum, DeVito, Kaplan, Schaer & Toddy P.C. 932-4637 or register online at www.pbi. org. WE ALSO THANK OUR PATRONS FOR THEIR SUPPORT Public Interest Law Day will be fol- lowed by the Public Interest Section’s List complete as of November 2, 2010 Annual Awards Ceremony and Recep- IN-KIND SPONSORS The official registration and financial information of tion at the Loews Philadelphia Hotel, the Philadelphia Bar Foundation may be obtained from the Pennsylvania Department of State by calling, 1200 Market St. The Awards Ceremony toll-free within Pennsylvania, 1-800-732-0999. will begin at 5:30 p.m., followed by the Registration does not imply endorsement. reception, featuring beer, wine and hors d’oeuvres. philadelphiabar.org December 2010 Philadelphia Bar Reporter 11 YLD Update Pay Their Way, Get Young Lawyers Involved

As my term as 2010 chair of the interest in our activities By Albertine DuFrayne between. You surely staff, especially Tracey McCloskey, Dawn Young Lawyers Division draws to a close, and the topics that are spend more than that on Petit and Michael Petitti, for devoting I am fondly remembering the past year as important to those who things that provide less countless hours of your time to ensur- well as the last five years of my involve- come behind us in the opportunity for profes- ing that YLD events happen and young ment with the YLD Executive Commit- profession. sional development and lawyers are well represented. I need to tee. My younger brother, advertising. The chance thank my family for listening to me talk All of my articles have focused on capi- Geoff, is a first-year to attend a CLE pre- about all of this for the past several years talizing on opportunities ranging from student at Emory Uni- sented by top lawyers in and attending YLD events even though networking for business development as versity School of Law your practice area, meet you are not lawyers. You are the best. And well as a social outlet, to participating in (if you are looking for a other young lawyers and thank you to the membership as a whole. legal education and mentoring programs summer intern, please show your firm’s com- Without all of you, this year would not and volunteering to benefit Philadelphia’s let me know!). As part mitment and dedication have been a success. community whether it is school students, of my holiday gift to to the legal community I wish you a great holiday season. giving free legal advice at the libraries or him, I am paying his dues to become a is immeasurable. Here’s to another great YLD year in 2011! our fundraiser to benefit the Philadelphia law student member of the Bar Associa- On a personal note, I want to thank Bar Foundation. These opportunities are tion. For $22 he will become part of our all of the members of the YLD Executive Albertine “Abbie” DuFrayne (adufrayne@pe- why I believe in the importance of being community and participate in the many Committee for their commitment, input trellilaw.com), an associate with Petrelli Law, involved in the Bar Association. This year, YLD and Association events to begin to and support over the past year. We pre- P.C., is chair of the Young Lawyers Division. the YLD Executive Committee worked make the connections that will establish sented more than 50 events and it would hard to present opportunities that we the foundation for his legal career. not have been possible without each of thought would benefit other young law- If you have law students and/or young you. I need to thank the exceptional 2010 yers and the community as a whole. associates in your family or office, I YLD Cabinet: Carey Chopko, Kelly Gas- It has come to my attention that many encourage you to also pay their Bar As- tley, John Encarnacion, Melanie Taylor BlogLink lawyers who are not members of the sociation dues as a holiday gift. Young and Rachel Kopp for tirelessly sticking by Visit philawdelphia.wordpress.com YLD take the time to read this article. lawyer memberships range from $22 for me and our programs. You have become to read the latest blog entries from Thank you. It is incredibly important to law students to $383 for those in practice my friends and I respect your dedication. the Young Lawyers Division. young lawyers that the bar at large take an more than 10 years with other levels in I also want to thank the Bar Association

Women in the Profession YLD Harvest for the Homeless continued from page 9

who has recently been promoted and what qualities she possesses; and looking inward to see what qualities you possess. Recognize that you are auditioning; dress for the role that you want; and work toward it by seeking new opportunities. Pichini, a partner with Feldman, Shepherd, Wohlgel- ernter, Tanner, Weinstock & Dodig LLP, encouraged the audience to seek opportunities that will promote career advancement. She cautioned that some assignments, such as the holiday party committee, may get you praise, but will not contribute to your career. Resnick also suggested seeking a professional mentor within the firm; however, personal mentors should be sought from an external source. A law degree is a powerful tool, and according to Marks, you must determine how that tool can be used to make a difference and achieve personal satisfaction. Marks’ career has been centered in the nonprofit arena, allowing her to make a difference through her job. Marks is executive director of Pennsylvanians for Modern Courts. However, pro bono activities, board member- ships and even your child’s little league may provide simi- lar opportunities. It is, however, necessary to identify that which you are passionate about and, to the extent that Young Lawyers Division members (from left) Roxane Crowley, Albertine DuFrayne, Matthew Laver, you can, use your law degree as a tool to help you get it. Stephanie Schreibman, Melanie Taylor, Lisa Swiatek and Carolyn M. Chopko (seated) gather items to be donated to area homeless shelters at Ballard Spahr LLP on Nov. 13. Clothing and non-perishable food Heather J. Austin ([email protected]), an associate with items were collected at local law firms and distributed at the Nov. 13 event. Thorp Reed & Armstrong, LLP, is an associate editor of the Philadelphia Bar Reporter.

12 Philadelphia Bar Reporter December 2010 philadelphiabar.org PNC Perspectives Generation Skipping Opportunities for 2010 The PNC Wealth Management transferred assets from By Jackie B. Lessman interview series conducted by senior vice generation to generation president and senior banking advisor, (e.g., parent to child, Jackie Byrne Lessman, CFP®, explores child to grandchild, distinct topics and issues relevant to the etc.) by taxing transfers legal community ranging from invest- that “skip” one or more distributions from or ter- federal requirements found in the Internal ment management, wealth planning, generations. Thus, the minations with respect Revenue Code for a disclaimer to be a trust, estate services and other PNC areas GST applies in addition to such trusts are exempt “qualified disclaimer” for tax purposes, of expertise. to applicable gift tax or from GST in any year. but there is the ability to pass property to As a PNC liaison to the legal com- estate tax on lifetime or Since the GST will lower generations, thereby escaping the munity, Lessman specializes in working testamentary transfers likely return in 2011, GST in 2010. with law firms and attorneys regarding that are classified as can you tell us about Beyond the non-tax considerations their banking needs, as well as class action “generation skipping the planning opportu- identified above, the possibility of a ret- plaintiff firms and claims administra- transfers” to or for a “skip person.” The nities that are available for 2010? roactive reinstatement of the GST (along tors. Lessman is committed to leveraging GST is repealed for 2010 and, barring The first and simplest involves making with the Estate Tax) lingers, although PNC’s in-depth resources to cultivate action by Congress, will return in 2011 at direct gifts to grandchildren. Note that, such risk seems to decline with each relationships with regional law firms and a top rate of 55 percent. although such transfers would avoid GST passing day. Planning for such generation attorneys by offering support and solu- When you refer to a “skip person,” in 2010, the Federal Gift Tax remains in skipping opportunities now and imple- tions. that is generally understood as a person place in 2010 at a top rate of 35 percent menting them toward year-end is advis- As the end of the year draws near, so more than one generation removed (with the annual exclusion of $13,000 per able as the risk of retroactivity declines does the Federal Generation Skipping (e.g., grandchildren and beyond) from donee and lifetime exemption of $1 mil- further. Transfer Tax (GST) repeal for 2010. In the transferor or a trust that has only lion available as well), but this rate is 10 an interview with Martyn Babitz, J.D., skip persons as beneficiaries. Are there percent lower than the 2009 rate and 20 Jackie Byrne Lessman, CFP® (jacqueline. senior vice president and senior wealth different types of “generation skipping percent or more lower than the scheduled [email protected]; 215-585-5831), is a PNC strategist for the Philadelphia market of transfers”? gift tax rate for 2011. Wealth Management senior vice president and Hawthorn, a business dedicated to serv- Yes. A “generation skipping transfer” A second planning opportunity is to senior banking advisor. For more information, ing the needs of ultra-affluent families can be a “direct skip,” which is an out- make taxable distributions from a non- visit pnc.com/wealthmanagement. with investable assets in excess of $20 right transfer to a skip person; a “taxable GST-exempt trust to skip persons beyond million, we discussed the GST repeal’s distribution” from a trust to a skip per- what is already being distributed for this The PNC Financial Services Group, Inc. (“PNC”) provides invest- ment and wealth management, fiduciary services, FDIC-insured impact on wealth planning and how to son; or a “taxable termination” of a trust, year, such as through the trustee’s discre- banking products and services and lending and borrowing of effectively take advantage of it. which could include the termination of tion to distribute additional income or funds through its subsidiary, PNC Bank, National Association, Jackie Lessman: With 2010 com- all non-skip persons’ interests in the trust, principal beyond what is required by the which is a Member FDIC, and provides certain fiduciary and ing to a close, now is the time to take agency services through its subsidiary PNC Delaware Trust leaving only skip persons as beneficia- terms of the trust. Company. PNC does not provide legal, tax or accounting advice. advantage of generation skipping op- ries. Keep in mind that certain trusts Another opportunity is to disclaim Investments: Not FDIC Insured. No Bank or Federal Government portunities. Can you explain the GST are “GST-exempt” either because GST inherited assets created in an estate this Guarantee. May Lose Value. and how it is applied? exemption was applied when they were year. Disclaimers may be used to correct © 2010 The PNC Financial Services Group, Inc. All rights re- served. Martyn Babitz: The GST is intended established or they were created before errors, mitigate taxes, or provide for flex- to prevent avoidance of gift or estate tax the GST was enacted and are “grandfa- ibility after the date of death. There are that would otherwise apply if a family thered” from GST liability, meaning that Attorney DisciplinAry / ethics mAtters Criminal Justice saw a parked car in a public lot at night. continued from page 8 They walked up to the car, and when they saw two people inside, they shined intrusive the police conduct, the more their flashlights into the car and asked for justification the police need to search or identification. The Superior Court held seize. The line between a mere encounter that those occupants would not have felt and an investigative detention is some- free to leave, and therefore, the encounter times hard to draw. Courts ask whether rose to the level of an investigative deten- a reasonable person would feel free to tion requiring a reasonable suspicion of leave. In the federal system, that inquiry wrongdoing. Statewide Pennsylvania and New Jersey matters  No charge for initial consultation is purely an objective one focusing on Representation, consultation, and expert testimony in disciplinary matters and the defendant’s perspective. Pennsylvania Angie Halim ([email protected]) is an matters involving ethical issues, bar admissions and the Rules of Professional Conduct courts go one step further and ask what associate with Ahmad & Zaffarese, LLC. James c. schwartzman, esq. the officer’s intention was. If the officer Former Chairman, Disciplinary Board of the Supreme Court of Pennsylvania  Former Federal Prosecutor does or says anything that indicates he is Former Chairman, Continuing Legal Education Board of the Supreme Court of Pennsylvania Pennsylvania Interest on Lawyers Trust Account Board investigating something specific, a Penn- sylvania court is more likely to find that a Podcast Dana pirone carosella, esq. Representing attorneys in disciplinary/ethics matters for 15 years defendant would not feel free to leave. Spotlight Author/Speaker on ethics matters To illustrate that point, Rudovsky de- Visit philadelphiabar.org to listen to 1818 Market Street, 29th Floor, Philadelphia, PA 19103 scribed the recent Pennsylvania Superior the podcast from this meeting. (215) 751-2863 Court case, Commonwealth v. Au. Officers philadelphiabar.org December 2010 Philadelphia Bar Reporter 13 Assistant Secretary, 5 Board Seats Being Contested

Please be advised that Albert S. Dandridge III has withdrawn his candidacy for the office of Vice Chancellor of the Philadelphia Bar Associa- tion in the Association’s Annual Election to be held on Tuesday, Dec. 7. There being no opposition for the office of Vice Chancellor, a unanimous ballot will be cast for Kathleen D. Wilkinson. Wilkinson will serve as Vice Chancellor of the Philadelphia Bar Association in 2011, Chancellor- Elect in 2012, and Chancellor in 2013. The Association’s Annual Election of officers and members of the Board of Governors will be held on Tuesday, Dec. 7, from 8:30 a.m. to 6 p.m. on the Ballroom Level of the Hyatt at The Bellevue, Broad and Walnut streets. Officers to be elected are Vice Photo by Jeff Lyons Jeff by Photo Assistant Secretary candidates (from left) Jacqueline G. Segal and Kim R. Jessum join Board of Governors candi- Chancellor, Secretary, Treasurer, Assistant Secretary, dates Marc J. Zucker, Scott W. Reid, Gina Furia Rubel, Nikki Johnson-Huston, Angus Love and Brian S. Chacker at Assistant Treasurer and five members of the Board a candidates forum on Nov. 18. A podcast of the forum is available at philadelphiabar.org. continued on page 20

complex commercial litigation. In 2002, Visit philadelphiabar.org to pur- Garcia he won one of the largest jury verdicts chase tickets for the Dec. 7 Annual continued from page 1 in the country, in a federal antitrust case WebCheck Meeting Luncheon. involving electronic article surveillance. Garcia started his legal career at a He also has handled many other cases in the ABA House of Delegates and is an Their son, Jon, a graduate of New York 10-lawyer firm and got “a lot of trial expe- involving hundreds of millions or billions American Bar Foundation Fellow and a University, is an accomplished musician – rience in a hurry.” But the firm dissolved of dollars. member of the ABA Advisory Panel. He for which they are very proud. a year later, so he joined Saul Ewing in At the Bar Association, Garcia has also served two terms as Chancellor of Our 84th Chancellor exemplifies the 1978. In 2005, he moved with a group served three multi-year terms on the The Justinian Society. best traditions of our profession. As he of colleagues to Buchanan Ingersoll & Board of Governors. He was a found- As an ardent supporter of the public prepares to lead his colleagues through Rooney, where he remains a shareholder. ing co-chair of the State Civil Litigation interest community, Garcia serves as a 2011, he will bring fresh ideas on enhanc- Garcia was designated “International Section, chaired the Federal Courts trustee of the Philadelphia Bar Foun- ing the association’s value to its members, Legal Professional of the Year 2004” by Committee, co-chaired several other dation and as a board member of the among other key initiatives. IBC of Cambridge, England, and has committees, and serves on the Commis- Philadelphia Volunteers for the Indigent Come hear Rudy Garcia at our Annual been continuously recognized in The Best sion on Judicial Selection and Retention. Program and the Public Interest Law Meeting Luncheon on Tuesday, Dec. 7 Lawyers in America and as a Pennsylvania He was elected Vice Chancellor in 2008 Center of Philadelphia. at 12 p.m. at the Hyatt at The Bellevue, Super Lawyer. and is now completing a one-year term as Garcia resides in Wynnewood with Broad and Walnut streets, in the Grand He practice includes various kinds of Chancellor-Elect. Garcia has also served his wife of 30 years, Randi Pastor Garcia. Ballroom.

Philadelphia Bar Association Annual Meeting Luncheon Tuesday, Dec. 7 at 12 p.m. at the Hyatt at The Bellevue, Broad and Walnut streets

• Featuring remarks by Chancellor-Elect Rudolph Garcia on his plans for his year as Chancellor in 2011 • Presentation of the Wells Fargo Fidelity Award to Mitchell L. Bach, Edward G. Biester III, Gregory H. Mathews, Darryl J. May and Marc J. Sonnenfeld • Presentation of the Justice William J. Brennan Jr. Distinguished Jurist Award to U.S. Magistrate Judges Timothy R. Rice and L. Felipe Restrepo

Please make ______reservations for the Philadelphia Bar Association’s Annual Return to: Meeting Luncheon. Tickets are $55 for members and $60 for non-members. Checks Annual Meeting should be made payable to the Philadelphia Bar Association. Philadelphia Bar Association 1101 Market St., 11th floor Name: ______Philadelphia, Pa. 19107-2955

Firm/Employer: ______Credit Cardholder: ______

Address: ______Visa _____ MasterCard _____ American Express

______Card number: ______

Phone: ______Fax: ______Expiration date: ______

E-Mail: ______Signature: ______

Credit card payments should be faxed to Bar Headquarters at (215) 238-1159.

14 Philadelphia Bar Reporter December 2010 philadelphiabar.org Professional Guidance

Editor’s note: The following are sum- adjuster when negotiating settlement. prosecuting child endangerment charges 2010-202T Attorney representing maries of opinions issued by the Professional 2010-109T Attorney may prepare will against parents as to children where company and shareholders defending Guidance Committee. The committee’s for family member under R. 1.8c even if assistant district attorney was previously derivative suit may accept fee in company jurisdiction is limited to rendering opinions beneficiary. G.A.L., and has significant issues posed stock provided compliance with R. 1.8a about prospective ethical conduct by inquir- 2010-119T Attorney may distribute by Rules 1.11d2i and 3.7a. and notice to all clients. ers who are members of the Philadelphia net proceeds of accident case to client 2010-177T Former judge should not 2010-215T Attorney offered in-house Bar Association. The letter “T” following despite knowledge of outstanding private accept payment for being listed by law counsel job may sign a confidentiality an opinion number indicates a telephone medical provider bill if no promise was firm as “of counsel” without involvement agreement but not a non-compete agree- inquiry. Attorneys who wish to ask a ques- made by attorney or client to protect that in practice. ment. tion, obtain copies of committee opinions or bill. However, attorney should advise cli- 2010-179T Attorney on administra- 2010-216T When client tells attor- ask the committee to issue a formal opinion ent of obligation to and risk of not paying tive leave status with Disciplinary Board ney of possible physical harm to adverse should contact Paul Kazaras, Esq., the bill. but who is still practicing and refusing client, attorney must evaluate danger Association’s deputy executive director, at 2010-126T Attorney should withdraw to release client files should be reported before contacting adverse counsel or law (215) 238-6328. when client refuses to sign settlement to the Board after obtaining informed enforcement. document following resolution at all-day consent from affected client(s). 2010-218T Firm that represented n Summarized by David I. Grunfeld mediation. 2010-181T Firm’s hourly rates may be client as defendant in medical malpractice 2010-135T Attorney who learns of posted on website, but must be hon- action, who is now adverse expert witness, 2010-8T Copies of client’s medical partner’s embezzlement of client funds ored for 90 days and must keep track of may not utilize deposition from previous records can be scanned when closing files, must, with consent of affected clients, changes to comply with R. 7.2h. action against that former client now in with paper copies shredded and confiden- report same to Disciplinary Board and 2010-184T Attorney owed money by role as adverse expert witness. tiality maintained. client. a client in an uncompleted matter may 2010-13T Avoid holding out and bill- 2010-136T Attorney who wrote will not refer the debt to a collection agency David I. Grunfeld, an attorney with Astor ing high school file clerk as a paralegal. for client (still alive) cannot disclose con- until representation is withdrawn. Weiss Kaplan & Mandel, LLP, is a member of 2010-18T Attorney cannot use term tents to child of client. 2010-197T Attorney may not disclose the Professional Guidance Committee. “specialist” in advertising. 2010-138T Duty to self-report is contents of client’s estate plan to client’s 2010-22T It is not appropriate for at- upon conviction of a “serious crime,” not wife with power of attorney, unless that torney on retired/inactive status to have a just upon being charged. instrument has appropriate language to direct dial number in former law office. 2010-139T Funder of clients’ non- allow it. 2010-29T Mere filing of personal profit legal services may not be given bankruptcy by attorney has no effect on client list without express waiver of confi- Pennsylvania law license. dentiality with informed consent. INCORPORATION AND 2010-40T Attorney cannot form 2010-146T Attorney who represented company with non-lawyer to handle cases father in child support case cannot now LIMITED LIABILITY COMPANY that non-lawyers can handle. represent adverse party in custody case as 2010-53T Award of discovery sanc- to that minor. FORMATION SERVICES tions counsel fee in contingency case does 2010-153T Attorney may take (non- not have to be credited to client’s fee. controlling interest) stock in client small 2010-60T Cost of advertising sale business in lieu of fee provided compli- of estate property may be advanced by ance with Rule 1.8a. attorney from operating account and 2010-154T Attorney who wrote will reimbursed upon sale. for client now deceased cannot discuss 2010-70T Attorney may pay client’s it with third party until personal repre- transportation or parking for evaluation sentative is appointed for estate and gives by medical expert(s) as “advancing costs written permission to do so. of litigation,” but not monthly parking or 2010-158T Successor attorney who • PREPARATION AND FILING SERVICES IN ALL STATES transpass or car payment. believes prior attorney committed legal • CORPORATION AND LIMITED LIABILITY COMPANY OUTFITS 2010-74T Referral fee may be paid to malpractice should refer client to a legal attorney not licensed in Pennsylvania, but malpractice attorney, and may assist in • SAME DAY SHIPMENT OF YOUR ORDER recipient must determine issues under law complaint to Disciplinary Board after • CORPORATE STATUS REPORTS of state to which she is admitted. client’s informed consent and malpractice 2010-83T Attorney can share office consultation. • UCC, LIEN AND JUDGMENT SEARCH SERVICES 2010-159T space with non-lawyers provided client Attorney representing • DOCUMENT RETRIEVAL confidentiality maintained, access to one defendant in a civil matter must client records is limited and support sign withdraw when client demands filing • REGISTERED AGENT SERVICE IN ALL STATES confidentiality agreement. of a cross-claim against another defen- 2010-91T Attorney may have interests dant represented as general counsel by in more than one law firm provided inquirer’s firm. M. BURR KEIM COMPANY ongoing conflicts checks are done, but 2010-166T Attorney representing pro- may not practice in one firm and have spective buyer of real estate from foreclos- Phone: 215-563-8113 Fax: 215-977-9386 his name in former firm name where no ing bank must disclose to client receipt of 2021 ARCH STREET longer associated. “finder’s fee” from bank, and have conflict PHILADELPHIA, PA 19103 2010-96T and 104T Client’s death waived pursuant to informed consent. www.mburrkeim.com should be disclosed to adverse counsel or 2010-172T Assistant district attorney philadelphiabar.org December 2010 Philadelphia Bar Reporter 15 Pennsylvania Bar Holds Fifth Annual Diversity Summit

Chancellor Scott F. Cooper was among the speakers at the Pennsyl- vania Bar Association Minority Bar Committee 5th Annual Diversity Sum- mit on Oct. 29. The summit, “Diver- sity & Inclusion: Renewing the Hope” was held at The CLE Conference Center in the Wanamaker Building. Pictured (from left) are Beverly Ram- paul, Minority Bar Committee chair; Rhodia Thomas, Summit co-chair; Chancellor Scott F. Cooper; Penn- sylvania Bar Association President Gretchen Mundorff; Karen Jackson Vaughn, Summit co-chair; and Naomi K. McLaurin, director of diversity, Philadelphia Bar Association. Photo by Mark Tarasiewicz Mark by Photo

Services and for Attorney-Client Com- specialized expertise to the Cabinet this contender to bring this bi-annual confer- Frontline munications. We also tackled a number year. The one-year appointments of Lou ence here within the next few years. We continued from page 3 of “bottom-line” issues for our members Rulli, as the Pro Bono and Delivery of also participated in the Economy League’s and their clients. Perhaps none was more Legal Services Czar, and Scott Reid as the Leadership Exchange with Philadelphia’s Philadelphia Bar Association His- important than attacking the proposed Cabinet Officer on Diversity, were tre- business, government, nonprofit and torical Society. We launched our first repeal of the sales tax exemption. The mendously successful. They allowed the academic leaders. formal effort to preserve and study the proposed legislation would have placed leadership to remain proactive on these Chancellor’s Forums. This year we rich history of our Association. Under lawyers in Philadelphia at an incredible issues. They also brought their exceptional hosted Professor Russell Engler, director the exceptionally capable leadership of competitive disadvantage, and saddled perspectives to the other issues that came of clinical programs at the New England Historical Society Co-Chairs Bill Fedullo, our clients with a tax found nowhere else before the Cabinet. School of Law, to share his expertise Bob Heim and Bobbi Liebenberg we in the region. Our repeated communica- Law Practice Management Commit- on Civil Gideon. Our thanks to Civil made tremendous progress in our first tions, appearing before the state Senate tee Responds to the Economy. In order Gideon Task Force Co-Chairs Cathy year. The Society interviewed 32 of our and on television paid off – at least for to help attorneys who are still struggling Carr and Joe Sullivan, and the members living past Chancellors, and Executive 2010. We also joined as an amicus in a with the economy, we reinvigorated our of this strategic group. We also welcomed Director Ken Shear. It then premiered case before the Supreme Court, which commitment to law practice manage- Richard Negrin, managing director and a 17-minute highlight video (which seeks to clarify that the attorney-client ment. The Law Practice Management deputy mayor for administration and can be viewed at philadelphiabar.org) at privilege covers communications from Committee ran numerous programs to coordination for the City of Philadel- our kickoff event. Much thanks is owed both the attorney and the client. assist attorneys with practice of law issues phia. Negrin shared his vision, strategy to Temple University for its generosity Encouraging Regional Cooperation including ethics, law office management, and plans for this pivotal role within city and talent. The Historical Society also Through the First-Ever Meeting of marketing and access to the courts. government. unveiled an interactive, virtual timeline Delaware Valley Bar Leaders Caucus. Diversity Efforts. Our continuing Twitter and other Expanded Com- for its upcoming website that is scalable This year, we took a major step toward commitment to diversity was evident munications. This year we expanded our so that we can include the stories of all increasing our voice in regional matters. throughout the year. The Association outreach through social media. I became diverse segments of the Bar. Additionally, The Association hosted the first-ever hired Naomi McLaurin to be the new Di- the first Chancellor to communicate the website will bring to life other unique meeting of Delaware Valley bar leaders. rector of Diversity. The Office of Diver- with our membership via Twitter, and aspects of our Bar history, including a Bar presidents and executive directors sity will ensure the dialogue on diversity is the Association stepped up its outreach new and enhanced home for our current attended from the local and state Bar As- expansive and inclusive at the same time. by creating a formal presence on Face- and future Legends of the Philadelphia sociations in the region to discuss matters Expanding Philadelphia’s Role as a book, Twitter and LinkedIn and through Bar – our “hall of fame” of the city’s legal of common concern. We discussed client World-Class City. We also worked on targeted e-mail alerts and other online giants of the past. service, taxes, differences in our court your behalf on the world stage. During services. Taking the Association Green and systems and legal education. a gathering of the world’s largest city bar Civil Gideon. In addition to our our Green Ribbon Task Force. We em- Creation of Pro Bono Network of associations in Tokyo, we showcased our Chancellor’s Forum, we continued the phasized our role in saving the environ- Non-Attorney Experts. Flowing from commerce court, our seat as a major local work of Chancellor Sayde Ladov and ment. Through our Green Ribbon Task conversations with forensic accountants arbitration center, the court’s efforts on expanded the civil Gideon efforts this Force, co-chaired by Kim Jessum and James Stavros and Howard Silverstone, mortgage foreclosure and our sophisti- year with the launch of a civil Gideon Michael Hayes, we established flexible our Association launched a bold initiative cated legal practices. We also explored the microsite at philadelphiabar.org. (not “one-size-fits-all”) guidelines to help to match non-attorney experts, pro bono, challenges of conducting business in the Family Court. Throughout the year, legal employers of all sizes participate in with indigent clients. This revolutionary United States with our 50 states, territo- we added our voices to the chorus of green efforts. The Board of Governors program allows clients to get enhanced ries and separate federal licensing systems. people calling for the prompt completion unanimously adopted these guidelines to advocacy and allows a network of outside By standing alongside London, Tokyo, of a new Family Court building. Pres- help law firms go green. In the future, the experts to give something back. Paris, Seoul, Ho Chi Minh City, Brussels, ently no issue of justice is more pressing Association will recognize those firms that Cabinet Enhancements. We also Antwerp, Montreal, New York, Chicago to Philadelphians than building the new meet and adopt certain numbers of the undertook a bold experiment with our and others, we displayed our talents and Family Court. The unfortunate develop- guidelines. governance at the Cabinet level. Taking a learned of the trends sweeping global legal ments clouding the funding situation Fighting Against Sales Tax on Legal play from real public officials, we brought markets. Philadelphia is now a legitimate continued on page 17

16 Philadelphia Bar Reporter December 2010 philadelphiabar.org Governors. We passed a bylaw amend- 46th Bench-Bar & Annual Confer- without Chancellors A. Michael Pratt and Frontline ment that will allow our local law schools ence in Atlantic City marked one of our Sayde Ladov – whom I worked with after continued from page 16 to have a seat on our Board of Governors. most successful conferences to date. The being elected Vice Chancellor – accom- The Association can play a unique role in rave reviews for this year’s conference are plishing so much. We carried on their cannot obscure the fact that the citizens ensuring law school graduates are ready rooted in the outstanding work of our work and legacies this year. They, and the of Philadelphia desperately need this for “real-life” scenarios, by connecting the Bench-Bar Committee, co-chaired by Chancellors before, were great leaders courthouse. Early last month, Gov. Ed- academic community with the practic- Vice Chancellor John Savoth and Board who positioned us brilliantly to go to new ward G. Rendell announced a settlement ing bar. We will welcome the new dean of Governors Vice Chair Regina Foley. heights. in the construction project, allowing the representative to the Board in 2011. Their leadership, and the hard work of so Similarly, the future looks very bright Commonwealth to move forward with LRIS Honored as a Showcase many CLE course planners, moderators for our Association. I save for last kind the process of acquiring real estate and Program at the White House. Our and presenters, as well as PBI and our words about Chancellor-Elect Rudy Gar- awarding contracts for construction. This Lawyer Referral and Information Service very own professional staff, laid the foun- cia. We have worked closely together over marks a crucial step in the process of has done exceptional work for years. In dation for a truly exceptional program. the last two years. He is a gifted leader building a new courthouse. 2010, its stature literally received national Our special thanks to City Councilman and an attorney who cares passionately Meeting with Mayor Michael Nut- recognition. Charlie Klitsch, director of At-Large Bill Green, Pennsylvania Bar As- about this Association. Many of the hard- ter. This year, we were able to host a Public and Legal Services, and I attended sociation President Gretchen Mundorff, est decisions this year came out correctly roundtable breakfast with the mayor and a special ceremony at the White House. state judicial leaders and Thierry Bonnet, because of his input. He is ready to lead leaders of some of the city’s firms, trial There, the LRIS program for Wage and president and chair of the International and I look forward to his year. After that, bars and the deans of the law schools. It Fair Labor Standards Act cases received Commission of the Lyon Bar Association, John Savoth and Kathleen Wilkinson will was a frank and open exchange about the recognition from Vice President Joe and Jean-Michel Raynaud, member of bring equally great talents to our Associa- issues that affect legal employers’ abilities Biden, Attorney General Eric H. Holder the board of the Lyon Bar Association, for tion. to stay in and grow jobs in Philadelphia. Jr., Secretary of Labor Hilda L. Solis and attending. This has been the most special year of The discussion gave law firm leaders and American Bar Association President-Elect This year’s event also allowed our new my professional career. I truly appreciate the mayor a direct line of communication William T. Robinson III. Historical Society, in partnership with your letting me have this chance to serve. to discuss macro economic issues that Balanced Budget and no Increase Temple University’s Department of The- The Philadelphia Bar Association is the affect the city and each firm. The meeting in Dues. I am also proud to report that ater, to present a live, theatrical reenact- best bar association in the world. I thank resulted in many positive suggestions that we accomplished all this with a balanced ment of the landmark freedom of the you for letting me be a part of its rich and will carry over into 2011. budget and no increase in dues this year. press trial made famous by Philadelphia unique history. The Association has also been asked to This shows that if we are very efficient lawyer Andrew Hamilton exactly 275 offer input on a new business privilege tax about our efforts, we can do great things years ago. Scott F. Cooper, a partner with Blank Rome bill that Councilman At-Large Bill Green while doing “more with less.” I am very This year was a success because I had LLP, is Chancellor of the Philadelphia Bar and Councilwoman Maria-Quinones proud of the finance team that helped us the ability to stand on the shoulders of Association. His e-mail address is chancellor@ Sanchez are proposing. watch every penny as we moved through the giants who came before. This year’s philabar.org. Law School Deans on Board of this incredible year. work would not have been possible Visit the Brandywine Valley Every Day!

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philadelphiabar.org December 2010 Philadelphia Bar Reporter 17 Legal Directory Updates Under Way for 2011 Edition Today, instant access to valued information is the standard. So, it’s no surprise that thousands of attorneys and support person- nel rely on one source for the most accurate information on the metro- area legal community — the Philadelphia Bar Association’s Legal Directory; providing the info you need in print and online. Once again for 2011, The Legal Directory is mobile. Legal Direc- tory buyers are finding that the mobile application, tailored for your handheld, is making information easier and faster to find. “I am very impressed with the mobile version of The Legal Directo-

Photo by Jeff Lyons Jeff by Photo ry,” said attorney Harper J. Dimmerman, principal in The Law Office Business Law Section Committee leaders met recently with executive committee leaders Sandra of Harper J. Dimmerman, P.C. “The quick-search for lawyers and law Jeskie, Albert S. Dandridge and Shelly Goldner, as well as new Bar Association Director of Diver- sity Naomi McLaurin, to discuss the Section’s Diversity Action Plan, its revived newsletter, “The firms and the click-and-call and click-and-e-mail features are extremely Philadelphia Business Law Insider,” and to share advice on how to run successful committees. useful. This is a great tool to make attorneys and support staff more The Committee Leaders in attendance were, sitting (from left): E. David Chanin (vice chair, Busi- productive.” ness Litigation Committee), Phyllis Horn Epstein (chair, Communications Committee, and editor, The Legal Directory’s massive database is updated annually to keep “The Philadelphia Business Law Insider”), Michael Conley (vice chair, Insurance Committee), you in the know with the most current and comprehensive informa- Graham R. Laub (Chair, Mergers & Acquisitions and Securities Regulations Committees), Gerard tion. Our update for the 2011 issue is underway and we need your A. Dever (chair, Antitrust Committee); and standing (from left), A. Christopher Young (chair, Fran- chise Law Committee), Eric Marr (incoming chair, Business Organizations Committee), David F. help. If you have not been contacted, please e-mail legaldirectory@ Connor (co-chair, Investment Companies Committee), John Washlick (co-chair, Health Care Law mediatwo.com. Update information will be swiftly sent to you. Committee), Brad Rostolsky (co-chair, Health Care Law Committee), Jeffrey M. Taylor (vice chair, The Legal Directory 2011 offers much more than firm and attorney Securities Regulation Committee), and Anne M. Aaronson (chair, Bankruptcy Committee). listings. It also provides a one-stop resource for a wide range of useful information including: Dalton to Receive Replansky Award • lawyer and law firm listings searchable online, in print, and via your mobile; The Business Law Section will present its the antitrust bar. • Bar Association bylaws, contacts and committees; Dennis H. Replansky Memorial Award to past Replansky, a former Business Law Section • facts on federal, state and county courts and government agencies; Chancellor Jane Leslie Dalton at the Section’s An- Chair, passed away in 1994 at the age of 51 and • index of judges with phone numbers and addresses; nual Reception on Tuesday, Jan. 25. was among the Bar’s most esteemed and beloved • special section devoted to corporate counsel; The Section will present its Chair of the Year members. In 1997, the Section established the • alternative dispute resolution resources; Award to Graham R. Laub, chair of both the Award in recognition of his career as a lawyer and • a business-to-business supplier section tailored to the legal com- Mergers & Acquisitions Committee and the Se- his contributions to legal, civic, religious and other munity. curities Regulation Committee. His commitment, charitable causes. Dalton, through her years of Every copy of The Legal Directory 2011 includes complimentary ac- leadership and industry are deeply appreciated by accomplishments and service, continues the line cess to The Legal Directory Online and the mobile version ofThe Legal the Section and by those who have directly ben- of award recipients who exemplify the abilities Directory (good through March 31, 2012). Plus, get a free custom efited from the many programs offered by those and qualities that honor Replansky’s memory, and online search engine “Findability” report with your purchase (a $199 committees. whose lives are exemplars to other lawyers. value)! The 2010 Committee of the Year is the Anti- The Business Law Section Annual Reception Order The Legal Directory now and get the discounted pre-publica- trust Committee, chaired by Gerard A. Dever. The will be held at the Westin Hotel, 99 S. 17th St., tion price of $59.95 (plus shipping and tax)! Committee has put on a series of fascinating and beginning at 5:30 p.m. Visit philadelphiabar.org to Questions? Please e-mail [email protected] or call 443- well-attended seminars that are a genuine boon to purchase tickets. 909-7843.The update response deadline is Monday, Jan. 10.

Philly VIP Honors Pease Veterans Day Advice at NCC This month Philadelphia VIP recognizes Clark Pease of the Law Offices of Clark Pease, LLC, for his outstanding volunteer assistance to VIP clients. Pease has been a VIP volunteer since 1991. In his nearly 20 years of ser- Wesley R. Payne IV, chair of vice, Pease has represented clients in several different substantive areas, in- the Military Affairs Com- mittee, offers advice during cluding family law, driver’s license, and auto accident cases. As an advocate Veterans Day events at the for VIP clients in their family law matters, Pease does not shy away from National Constitution Center challenging facts or circumstances. In a recent case, he represented a mother on Nov. 11. Members of living in Puerto Rico in her struggle to maintain primary custody of her the Philadelphia Bar Asso- child in an action in Philadelphia where the father lived. The child wanted ciation’s Military Assistance to live with his mother in Puerto Rico but the father refused to send his son Program, in conjunction with the Pennsylvania Bar back to the mother. While under the father’s care, the child struggled in Association’s Military and school and ran away from home. Through Pease’s tenacious advocacy, the Veterans Affairs Committee, child is now happy in Puerto Rico under his mother’s primary custody. were on hand to help mili- A testament to Pease’s impact is what his VIP clients have to say about tary personnel and veterans his representation. In the above case, the mother called VIP to express her get legal assistance. immense gratitude for his generous devotion of time and his persistent advocacy in her case. Photo by Jeff Lyons Jeff by Photo For his commitment and dedication to its clients, Philadelphia VIP of- fers its heartfelt appreciation to Clark Pease.

18 Philadelphia Bar Reporter December 2010 philadelphiabar.org Book Review Holistic, Problem-Solving Law Explored

Lawyers as Peacemakers: Practicing distinguished the differences in approach We as lawyers have been so totally there appears to be virtual unanimity in Holistic, Problem-Solving Law can be summed up in the magnificent embedded and captured by the adver- the pronouncement that one by-product Written by J. Kim Wright label, “holistic,” defined as relating to, or sarial paradigm that a massive mental of the new legal specialty is happiness, sat- 528 pages concerned with wholes or with complete metamorphosis must take place so that isfaction, peace of mind and yes, in some ABA Book Publishing , $74.95 systems rather than with the analysis of, we who might be interested in this other instances economic improvement. treatment of, or dissection into parts, way of lawyering can make the shift. There is something labeled cooperative n Reviewed by Saul H. Segan such as in medicine when attempting to A paradigm shift requires objectives law which basically starts with a deter- treat both the mind and the body. and methodology that has to move away mined aim toward reaching a settlement, In an age where chaos abounds, J. Kim Wright lives her entire life that from the divisions between members of pledging civility and cooperation. There politically, economically and socially, way, and just as holistic thinking and society and the segmented disposition is implicit in this approach, full disclosure marked by much dissatisfaction with methodology has led patients and doctors of legal concerns. The path must aim of all relevant financial information, thus one’s chosen profession, it is comforting to alternative medicine and enhancement toward the overall benefit of compassion heading off the individual appraisal and to behold hope on the horizon. The legal of existing traditional forms thereof, the and transformation of the relationship expert opinions by obtaining joint ap- profession is no exception. The multitude same can be said of holistic law, which between citizens and the legal system. praisals and joint expert opinions. There of lawyers leaving their line of work is carries a spiritual perception of life into Instead of us against them, it is all of us is the promise to cooperate by obtaining reaching significant, if not alarming, pro- legal practice and enhances both the together seeking a solution in each area of meaningful input, for example obtaining portions. The adversarial atmosphere and well-being of the practitioner, the client, law that has a long-term, mutually benefi- an expert child specialist before requesting the combative confrontational approach and the system by its compassionate and cial solution. Is it too much to hope for? appointment of a guardian to be ap- ultimately wears thin on the psyches of pragmatic perspective. Lawyers as Peace- Not at all, as is being demonstrated by pointed by the court, good faith nego- those whose sole aim is to bring order makers is Wright’s nuts-and-bolts manual lawyers all over the country. We are con- tiation sessions and four-way meetings and stability to the lives of they who seek to this visionary and revolutionary means ditioned to an adversarial system where where appropriate, to reach fair compro- their services. of rendering legal services. the resolution may be satisfactory for the mises based on valid information. And of A newer, more beneficent methodol- Wright is co-founder of the Renais- moment and can produce satisfaction for course a prime requisite is cooperation by ogy is becoming more widespread and sance Lawyer Society and has been the one or a few of the parties, but not with conducting oneself in a respectful, civil more mainstream, bringing with it a clarion to make lawyers aware of another lasting and continuous benefit to society and professional manner. more fulfilling result for the parties to a way to achieve the lofty goals they set out on a larger scale. The author proceeds to tell those controversy or dispute and a greater sense to reach when they decided to pursue a The author details how to go through aspiring to enter the area of law how to of accomplishment for the advocates legal career. making the shift, suggesting a coach, or go about making the transition. There within. There is a shift in paradigm, or The book itself, as the author tells you, a therapist, or both. It is hard to believe is a step-by-step guide to the changes worldview, a set of beliefs about what is is not necessarily one to pore through how badly one or both are needed, but that must be undergone to reach the real and true. cover-to-cover, but to use as a continual the rewards are great. “promised land.” Some will find it easier Suddenly, terms like restorative, col- reference source, “and a possible source One major question always revolves than others if they have a predisposition laborative, and cooperative have found of inspiration on those days when you around the viability of making a living toward spirituality. And that is something their way in front of the word law as would rather be doing something else.” in the new legal frontier. The reviews are that everyone can use more of. categorical adjectives as commonly as It is a guide to a holistic approach to law mixed, but encouraging. The author and “criminal,” “civil,” “administrative” or any that includes the lawyers’ well-being and her wealth of contributors warn of the Saul H. Segan ([email protected]) is a sole of the typical branches of the law. What the best interests of the client and society. need for training and reorientation. But practitioner.

Public Interest continued from page 11 Bar Academy Visits Tastykake a strong commitment to public interest work. The Law Student Awards were established by the Section’s Law School Outreach Committee, which provides educational programs, pro bono oppor- tunities and networking events for law students to encourage them to consider public service as a career choice. The Awards Ceremony will also feature the presentation of the Philadelphia Bar Founda- tion’s 2010 Shuster Fellowships. Tickets for the Public Interest Awards Ceremony and Reception are $40 for public interest and government attorneys; $55 for sec- tion members; and $65 for non-section members (A $10 increase will be charged for walk-ins purchasing tickets at the event.) Tickets may be purchased at www.philadelphiabar.org. Proceeds from this event help fund the Higginbotham Scholarship program.

We hope that you will join us at these events to learn more about Petitti Michael by Photo The Philadelphia Bar Association Academy visited the new Tastykake bakery on Nov. 17. and to celebrate the important work of Philadelphia’s dedicated pub- Nearly 75 people attended and toured the bakery and took part in a tasting, co-sponsored by lic interest attorneys and the activities of the Public Interest Section. Origlio Beverage. Pictured from left are Jon Silvon, vice president of Tasty Baking Company, Academy board member Herman C. Fala, Academy Chair Judge A. Michael Snyder, Chancellor Ourania Papademetriou ([email protected]), managing attorney of Phila- Scott F. Cooper and Larry Weilheimer, general counsel, Tasty Baking Company. delphia VIP, is vice chair of the Public Interest Section. philadelphiabar.org December 2010 Philadelphia Bar Reporter 19 White House Bar Election continued from page 1 continued from page 14 agency was not providing adequate of Governors for three-year terms. assistance to claimants in need of legal Candidates for office are: Kathleen D. representation. The Department of Wilkinson, Vice Chancellor; Sophia Lee, Labor (DOL) receives more than 25,000 Secretary; Joseph A. Prim Jr., Treasurer; Kim FMLA and FLSA complaints each year. R. Jessum and Jacqueline G. Segal, Assistant However, the agency is only equipped to Secretary; Wesley R. Payne IV, Assistant provide direct representation to a small Treasurer; Brian S. Chacker, Nikki Johnson- percentage of these claimants. Regional Huston, Angus Love, Scott W. Reid, Gina DOL offices had no uniform mecha- Furia Rubel and Marc J. Zucker, Board of nism for getting unrepresented claimants Governors (elect five). to qualified lawyers. Chancellor Scott F. Cooper is joined by his wife Karen at the White House. Ballots were mailed on Thursday, Nov. Earlier this year, the DOL contacted 18. Those members who wish to vote by the ABA to help find a solution. Jane the employer’s zip code, if known, or sionate about the program that helps mail must have their ballots received (not Nosbisch, staff counsel in charge of the the claimant’s zip code. The automated both the people of Philadelphia and the postmarked, but received) at Bar Association ABA Standing Committee on Lawyer system will then provide the caller with members of our Association. We’re very headquarters by 10 a.m. on Thursday, Dec. Referral and Information Service, im- the contact information for their local fortunate to have someone as dedicated 2. Ballots received after that time will not be mediately began working with the DOL ABA-approved bar association lawyer as Charlie involved with LRIS.” counted. Anyone not returning a ballot in to create a nationwide program with uni- referral service. “A client who contacts LRIS speaks a timely fashion may still vote in person on form quality standards. The ABA tapped In order to participate in the program, with an experienced intake staff attor- Tuesday, Dec. 7. the Philadelphia Bar Association, long the local lawyer referral service must ney who is trained to review the client’s There being no opposition, a unanimous recognized as a leader in the field of law- meet ABA model requirements, establish matter, identify the legal issue, determine ballot will be cast for the following seven yer referral, for assistance in this project. separate attorney practice panels for if a referral to an attorney is appropriate candidates for the Young Lawyers Division Over the past several months, Nosbisch, FMLA and FLSA matters and set spe- and, if so, refer that client to an attorney Executive Committee (three-year term): Klitsch and a team from the DOL legal cific experience requirements for lawyers according to practice panel,” explained Jo Rosenberger Altman, Edward F. Beitz, department in Washington hammered to accept referrals through such panels. Scott Mayer, co-chair of the Philadelphia Anthony H. Chwastyk, Joshu Harris, Brielle out the details of the program, including The Philadelphia Bar Association’s Bar Association’s LRIS Committee. M. Rey, Christopher Sharp and Todd H. such issues as new notice requirements Lawyer Referral and Information Service “We are happy to add FMLA and Zamostien. to potential clients, toll-free telephone is the only service within the boundaries FLSA panels to the more than 150 exist- The Association will welcome its 84th technology and client confidentiality. of the U.S. District Court for the Eastern ing practice panels within the Service,” Chancellor, Rudolph Garcia of Buchanan Dubbed the ABA Approved Attorney District of Pennsylvania that has been said LRIS Committee Co-Chair Jim Ingersoll & Rooney PC, at its Annual Meet- Referral System, the program will debut approved to participate in the program. Francis. “LRIS is already busy and we ing Luncheon on Dec. 7 at 12 p.m. in the nationwide on Dec. 13. Now, when Therefore, any claimant entering a zip will receive more than 28,000 contacts Grand Ballroom of the Hyatt at The Bel- the DOL is unable to provide direct code within the Eastern District will be from the public this year. Our participa- levue. Current Chancellor Scott F. Cooper representation, regional offices will notify directed to the Association’s LRIS for a tion in this new program means more will introduce Garcia, whose term officially FMLA and FLSA claimants of a toll-free referral. business for our panel attorneys and begins on Jan. 1, 2011. Garcia will deliver telephone number operated by the ABA. “Charlie’s work for LRIS has been more complete services provided to his inaugural address at the event. The caller will be prompted to enter inspirational,” said Cooper. “He’s pas- members of the public. Everyone wins.”

Pro Bono The survey revealed that the most tive Director Sara Woods reports that evaluate volunteer professionals nor will it continued from page 1 essential services include court reporters, there are nearly 100 non-lawyer service negotiate the precise scope of services or investigators, process servers, newspaper providers who have already committed other business terms. Once the match is of free legal services, but also upon the and other publication services. In hous- to volunteering. “We are grateful to have made, it is up to the legal services or pro availability of free title reports, investiga- ing and related disputes, the need also such wonderful volunteers but we antici- bono lawyers and the volunteers to make tive services, process servers, and publica- includes title reports, property appraisals, pate that we will need many more experts arrangements directly with one another. tion services.” In some cases, Rulli said, building inspections, photography and and professionals through this network to While the official launch of the net- others resources may also be required. video services, as well as photocopy- aid the thousands of low-income Phila- work will take place in early 2011, the “The assistance of handwriting experts ing and exhibit services. There is also a delphia who need help.” A broad-based first phase will require enlisting overall or others professionals may be needed to need for highly specialized services such advisory council will provide advice and community support in identifying and remedy the fraud and return the home as child custody evaluations, vocational assistance to VIP as needed. securing the needed non-lawyer profes- to its rightful owner. Low-income clients experts, psychological examinations, “What Lou Rulli, Sara Woods, Joe Sul- sional services and in unveiling the online are unable to afford these critical services, handwriting analysis, architects, forensic livan, Merril Zebe and the entire DLSC mechanism designed to match demand yet the ability to secure them without accountants, tax experts, scientific experts, steering committee and VIP have done and services. Bar Association members cost to the clients can be essential to a just medical professionals and statistical ex- to help design this network and energize are encouraged to help spread the word outcome to the legal disputes.” perts. In a city as diverse as Philadelphia, the community is phenomenal,” said about this new initiative and to encour- Over the past year, a steering commit- it also became clear that there are growing Chancellor Cooper. “We owe a debt of age non-lawyer professionals to consider tee of the Association’s Delivery of Legal needs related to translation services and gratitude to the entire committee for their joining the network. Online registration Services Committee has worked intensely signing for the hearing impaired. selfless actions.” with VIP will be available shortly at www. to assess the need and to design the infra- Philadelphia VIP, the hub of pro bono The network will offer standardized phillyvip.org. structure of the proposed network. The legal representation in Philadelphia, will web-based forms for public interest and committee conducted an assessment sur- house and administer the pilot, which pro bono attorneys to request non- Joseph A. Sullivan (sullivja@pepperlaw. vey, and quickly determined that need for will be primarily web-based and accessible lawyer services, on the one hand, and for com), co-chair of the Association’s Delivery of non-lawyer experts was almost as vast and through a link on VIP’s home web page volunteer professionals to outline their Legal Services Committee, is special counsel diverse as the range of legal issues faced by and cross-referenced on the Philadelphia specialties and register to join the net- and director of pro bono programs at Pepper the city’s most vulnerable residents. Bar Association’s website. VIP Execu- work, on the other. The network will not Hamilton LLP.

20 Philadelphia Bar Reporter December 2010 philadelphiabar.org CALENDAR OF EVENTS

Note: While the following listings have been verified prior to press time, any scheduled Friday, Dec. 10 Committee Room South. event may be subject to change by the committee or section chairs. The Philadelphia Lawyer magazine Edi- Real Property Section Executive Com- torial Board: mittee: meeting, 12 p.m., Gibbons, Wednesday, Dec. 1 Hyatt at The Bellevue, Broad and Wal- meeting, 12:30 p.m., 10th floor Board Room. P.C., 1700 Two Logan Square, 18th and Delivery of Legal Services Committee: nut streets. Tickets: philadelphiabar.org. Arch streets. meeting, 8:30 a.m., 10th floor Board Probate and Trust Section Tax Commit- Monday, Dec. 13 Law Practice Management Committee: Room. tee: meeting, 4 p.m., 11th floor Confer- Business Law Section Executive Com- meeting, 12 p.m., 10th floor Board State Civil Litigation Section: meeting, ence Center. mittee: meeting, 12 p.m., 10th floor Room. Lunch: $8. 12 p.m., 11th floor Conference Center. Board Room. Wednesday, Dec. 8 Young Lawyers Division: Holiday Lunch: $8. Appellate Courts Committee: meet- Tuesday, Dec. 14 Party, Mutter Museum, The College of Thursday, Dec. 2 ing, 12 p.m., 10th floor Board Room. Cabinet: meeting, 12 p.m., 10th floor Physicians, 19 S. 22nd St., 6 to 9 p.m. Workers’ Compensation Section: An- Lunch: $8. Board Room. Tickets: philadelphiabar.org. Criminal Justice Section: Annual Holi- Criminal Justice Section Executive Com- nual Holiday Party, Cescaphe Ballroom, Friday, Dec. 17 923 N. 2nd St., 6 to 9 p.m. Tickets: day Party, Le Meridien, 1421 Arch St., mittee: meeting, 12 p.m., 11th floor Social Security Disability Benefits Com- philadelphiabar.org. 6 to 8 p.m. Tickets: philadelphiabar.org. Committee Room South. mittee: meeting, 12 p.m., 11th floor Tax Section: Annual CLE and Dinner, Family Law Section: Annual Reception, Friday, Dec. 3 Conference Center. Lunch: $8. Westin Philadelphia, 99 S. 17th St. Ruth’s Chris Steak House, 260 S. Broad LGBT Rights Committee: meeting, 8:30 Tickets: philadelphiabar.org. St., 6 to 9 p.m. Tickets: philadelphiabar. Monday, Dec. 20 a.m., 10th floor Board Room. org. Public Interest Section Executive Com- Investment Companies Committee: Thursday, Dec. 9 mittee: meeting, 12 p.m., 10th floor meeting, 11:30 a.m., 11th floor Confer- Lawyer Referral and Information Service Wednesday, Dec. 15 Board Room. ence Center. Lunch: $8.50. Committee: meeting, 12 p.m., 11th Workers’ Compensation Section Execu- floor Committee Room South. tive Committee: Tuesday, Dec. 21 Monday, Dec. 6 meeting, 10:30 a.m., Professional Responsibility Committee: 11th floor Committee Room South. Employee Benefits Committee: meet- Family Law Section: meeting, 12 p.m., meeting, 12 p.m., 11th floor Confer- Workers’ Compensation Section: meet- ing, 12:30 p.m., 11th floor Committee 10th floor Board Room. Lunch: $8. ence Center. Lunch: $8. ing, 12 p.m., 11th floor Conference Room South. Lunch: $8. Language Access Task Force: meet- Legislative Liaison Committee: meeting, Center. Lunch: $8. Board of Governors: meeting, 4 p.m., ing, 12:30 p.m, 11th floor Committee 12:30 p.m., 10th floor Board Room. Philadelphia Bar Foundation Board of 10th floor Board Room. Room South. Lunch: $8. Trustees: meeting, 12 p.m., 10th floor State Civil Litigation Section: Annual Friday, Dec. 24 Probate and Trust Section: Annual Board Room. Reception, Smith & Wollensky, 210 W. Christmas Eve: Bar Association offices Reception, Radisson Warwick Hotel, LegalLine: 5 p.m., 11th floor LRIS Rittenhouse Square, 5:30 to 7:30 p.m. closed. 1701 Locust St., 5 to 7 p.m. Tickets: offices. Tickets: philadelphiabar.org. philadelphiabar.org. Senior Lawyers Committee: Holiday Monday, Dec. 27 Tuesday, Dec. 7 Public Interest Section: Annual Recep- reception, The Palm, Broad and Walnut Green Ribbon Task Force: meeting, 12 Annual Election: 8:30 a.m., Hyatt at tion, Loews Philadelphia Hotel, 1200 streets, 5:30 to 7:30 p.m. Tickets: phila- p.m., 11th floor Committee Room The Bellevue, Broad and Walnut streets. Market St., 5:30 to 8:30 p.m. Tickets: delphiabar.org. South. Lunch: $8. Annual Meeting Luncheon: philadelphiabar.org. LGBT Rights Committee/Civil Rights 12 p.m., Tuesday, Dec. 28 Committee: Holiday Party, 11th Floor Criminal Justice Section: meeting, 12 Register online for most events at philadelphiabar.org. Unless otherwise specified, all checks Conference Center, 5 to 7 p.m. Tickets: p.m., 11th floor Conference Center. for luncheons and programs should be made payable to the Philadelphia Bar Association and philadelphiabar.org. Lunch: $8. mailed to Bar Headquarters, 1101 Market St., 11th fl., Philadelphia, PA 19107-2955. Send Thursday, Dec. 16 Bar Association-related calendar items 30 days in advance to Managing Editor, Philadelphia Friday, Dec. 31 Family Law Section Executive Com- Bar Reporter, Philadelphia Bar Association, 1101 Market St., Philadelphia, PA 19107-2955. New Year’s Eve: Bar Association offices mittee: meeting, 12 p.m., 11th floor Fax: (215) 238-1159. E-mail: [email protected]. closed.

Foundation Now the area where we did not get Giving Campaign among partners and most important “stuff” gets done in the continued from page 10 enough done was in accomplishing our counsel at many firms where we are seek- years to follow. goal of convincing the members of our ing 100 percent participation. As for me and GSD, there is one thing about $425,000 in cy pres funds over the legal community of what each of us on But this is where there is room for I can do on my list: To the Bar Founda- last two years. our Board believes to the core: that the more GSD. We are not at the point tion Board, thank you for letting me chair • The Grants Committee, headed by Foundation is the charity of this legal where, come December, all of us say, this organization and for your herculean Norm Weinstein, made sure our grants community, and that every year, if each oh, I need to make sure I have made my efforts over the past two years. To the were allocated in the most effective way of us contributes to the Foundation, it annual Bar Foundation contribution, or staff, thank you for your hard work and possible, being responsive to the econ- will have the wherewithal to award grants I have named the Foundation in my will. single minded devotion to the cause. omy’s impact on funding and servicing to our nonprofit organizations so that But we need to get there. And, while I And, to the legal community, thank you needs. they can move closer to providing access will no longer have the honor of being for your support of the Foundation. • Most important, last year, when our to justice for all. Along that line, we did president of this organization, I, and the Now, let’s all “GSD” (make that an- grantees and their clients needed all of us some things on the list: we completed a other trustees, under the leadership of nual contribution), and on the way, have the most, and other funders were cutting case for support, thanks to the hard work our next president, Wendy Beetlestone, a wonderful holiday and a healthy new support, thanks to your help, the Founda- of Doug Kreitzberg and our Marketing and our outstanding staff – Gene Sirni, year. tion awarded a record-breaking $563,000 Committee; we had nearly 600 individual executive director; Lynne Brown, deputy in grants. Whether we can do that again donors last year; and now, led by Fred executive director; and Cheryl Pollack, Amy B. Ginensky (ginenskya@pepperlaw. is yet to be determined. A lot depends on Magaziner and Wilson Brown, we are in administrative assistant – will no doubt com), a partner at Pepper Hamilton LLP, is what you do in the next few weeks. the middle of conducting an Individual continue to work to make sure that this president of the Philadelphia Bar Foundation. philadelphiabar.org December 2010 Philadelphia Bar Reporter 21 Carol Nelson Shep- Arline Jolles Lot- herd, a founding man, a sole prac- People partner of Feldman titioner, authored Shepherd Wohlgel- “The Kids May Be ernter Tanner ‘All Right,’ But the Sandhya M. Feltes, a Riley H. Ross III, an associate with Tucker Weinstock & Dodig Parents Need Help!” principal with Kap- Law Group, LLC, has been reappointed LLP, has been named in the fall edition lin Stewart Meloff by the United States Sentencing Com- a fellow of the Litiga- of Voices and Views, Reiter & Stein, P.C., mission as the Third Circuit representa- tion Counsel of America. from the Pennsylvania Bar Association’s has been appointed tive for the Practitioners Advisory Group Commission on Women in the Profes- to the Board of for a three-year term. Robert B. McKinstry Jr., a partner with sion. Directors of the Ballard Spahr LLP, discussed the “Assess- Philadelphia Surety Marc P. Weingarten, a partner with the ment of Risk, Legal Issues, and Insurance Nelson A. Diaz, of counsel to Cozen Claims Association. Locks Law Firm, was co-chair of the for Geologic Carbon Sequestration in O’Connor, has been appointed to the Butterworth/LexisNexis Conference “In- Pennsylvania” at the Pennsylvania Bar new American Bar Association Com- Reneé Bergmann, ternational Asbestos Litigation” on Sept. Institute’s Power Law 2010 forum on mission on Hispanic Legal Rights and senior counsel with 29-30 in London, England. Oct. 15 in Mechanicsburg, Pa. Responsibilities. Thorp Reed & Armstrong, LLP, Craig L. Finger and Michael J. Kornacki, Norman Zarwin, a founder of Zarwin Rebecca Rosenberger Smolen, a share- moderated the partners with Fox Rothschild LLP, Baum DeVito Kaplan Schaer & Toddy, holder with Stevens & Lee, P.C., was re- program “Strategic presented “Complying With the Govern- P.C., has been appointed to the Board cently appointed co-chair of the Women’s Communication: ment Is Everyone’s Job: Non-Contractual of Directors of the Abramson Center for Initiative Committee for the Philadelphia Understanding Rules Pertaining to Shopping Centers” Jewish Life. Estate Planning Council. Communication Styles and Creating at the International Council of Shopping Outcome Focused Conversation” on Centers Law for Non-Lawyers Seminar Michael Meloy, a Jill Fisher, a shareholder with Zarwin Sept. 30. held Sept. 23-24 at ICSC Headquarters partner at Manko, Baum DeVito Kaplan Schaer & Toddy, in New York City. Gold, Katcher & P.C., conducted workshops for United Geraldine A. Sinatra, a partner with Fox, LLP, discussed States Department of Agriculture, Forest Dechert LLP, Joan C. Arnold, a partner Stewart M. Weintraub, a shareholder with “Waste and Water Service’s 14th Annual EEO/Diversity with Pepper Hamilton LLP and Suzanne Chamberlain, Hrdlicka, White, Williams Environmental Day of Training on Nov. 22. Mayes, a member of Cozen O’Connor, & Martin, has been elected as a fellow to Regulations, and have been recognized as “2010 Most the American College of Tax Counsel. How to Develop Jonathan E. Rinde and Bridget L. Dorf- Powerful & Influential Women in an Integrated Spill Response Plan” at a man of Manko, Gold, Katcher & Fox, Pennsylvania” by the National Diversity Joseph M. Manko, conference sponsored by the Pennsylvania LLP spoke at the Pennsylvania Bar Council. a founding partner Chamber of Business and Industry. Institute’s late-breaking seminar on the of Manko, Gold, Pennsylvania Department of Environ- Michael C. Gross, a partner with Manko, Katcher & Fox, LLP, James S. Ettelson, a partner with Thorp mental Protection’s Revised Chapter Gold, Katcher & Fox, LLP, discussed has been appointed Reed & Armstrong, LLP, presented the 102 Regulations: Erosion and Sediment “The New EPA Lead Paint Regulations” co-chair of the Re- NBI live teleconference “Step-by-Step Control and Stormwater Management on Sept. 16 in Cherry Hill, N.J. gional and Suburban Through the Real Estate Contract” on on Oct. 8 in Pittsburgh. Issues forum of the Nov. 2. Mark B. Sheppard, a Urban Land Insti- Deborah Epstein Henry, founder and partner with Mont- tute Philadelphia District Council. Leonard P. Gold- president of Flex-Time Lawyers LLC, gomery, McCracken, berger, a shareholder was a speaker at a New York City Bar Walker & Rhoads, Amy B. Ginensky, a with Stevens & Career Advancement and Management LLP, has been ap- partner with Pepper Lee, P.C., has been & Women in the Profession Committees pointed to serve as Hamilton LLP, elected to the IN- program “Re-entry 101: Resuming Your member of the Joint spoke at the 2010 SOL World Editorial Legal Career” on Oct. 5. State Government Media Law Con- Board. INSOL cur- Commission’s Advisory Committee on ference “The New rently publishes 17 Paul M. Schmidt, a shareholder with the Philadelphia Court System. Decade: Challenges journals and references concerning insol- Zarwin Baum DeVito Kaplan Schaer & to the Legacy Para- vency and related subjects. Toddy, P.C., presented “Fundamentals of David Franceski, a digm” in Chantilly, Va. Litigation Management” as part of the partner with Stradley Christopher Scott Council on Litigation Management’s Live Ronon Stevens & Patrick J. Egan, a D’Angelo, a partner Standards Training Program on Oct. 18 Young, LLP, moder- partner with Fox with Montgomery, in Wayne, Pa. ated the workshop Rothschild, was McCracken, Walker “Political Contribu- recently admitted & Rhoads, LLP, nNames ARE NEWS tions, Procurement, as a fellow to the moderated “Eth- Placement Agents & American College of ics: The Erosion of “People” highlights news of members’ Lobbying: State & Federal Rulemaking Trial Lawyers. the Attorney-Client awards, honors or appointments of a community or civic nature. Information Updates: Pay to Play Rules” at the 2010 Privilege and the Work Product Doctrine, may be sent to Jeff Lyons, Senior Manag- National Society of Compliance Profes- and Its Effect On In-House Counsel,” presented at this year’s Federation of ing Editor, Philadelphia Bar Reporter, sionals national meeting on Nov. 2. Ralph J. Teti, a partner with Willig, Wil- Philadelphia Bar Association, 1101 Market Defense & Corporate Counsel’s Corpo- liams & Davidson, was honored with St., 11th fl., Philadelphia, PA 19107-2955. Stephanie L. Franklin-Suber, a partner City of Hope’s Spirit of Life Award at a rate Counsel Symposium Protecting the Fax: (215) 238-1159. E-mail: reporter@ with Ballard Spahr LLP, has been named reception presented by the Tri-State La- Company In Challenging Times - Best philabar.org. Color photos are also to the Philadelphia Business Journal’s bor & Management Council on Sept. 20. Practices for In-House Counsel Who welcome. 2010 list of “Women of Distinction.” Manage Corporate Risk and Litigation.

22 Philadelphia Bar Reporter December 2010 philadelphiabar.org McDevitt & Kline, LLC Continuing Education Providers Wyncote, Pennsylvania December 2010 Continuing Education Programs

Anatomy of a Credit Representing Talent in Money Laundering & Meltdown and the the Entertainment and Terrorist Financing Government’s Response Sports Industries Controls

Guest Speaker: Guest Speaker: Guest Speaker: Gregory J. Nowak, Esq Christopher Cabott, Esq Jim Hallinan, CPA When: When: When: Friday, December 10th, 2010, 9:00 AM to 5:00 PM Saturday, December 11th, 2010, 9:00 AM to 5:00 PM Friday, December 17th, 2010, 9:00 AM to 5:00 PM Where: Where: Where: Temple University, Fort Washington Temple University, Fort Washington Temple University, Fort Washington 401 Commerce Drive, Fort Washington, PA 19034 401 Commerce Drive, Fort Washington, PA 19034 401 Commerce Drive, Fort Washington, PA 19034 Esq Credits: Esq Credits: Esq Credits: 6 Substantive, 1 Ethics ($125) 6 Substantive, 1 Ethics ($125) 7 Substantive ($125) CPA Credits: CPA Credits: CPA Credits: 8 Finance ($110) 8 Business Law ($110) 8 Accounting & Auditing ($110) Also available as a live webcast! Also available as a live webcast! Also available as a live webcast!

This program will be of significant interest to Please join us for our special year-end, holiday In 1970, the fight against Money Laundering was attorneys, CPAs, and seasoned professionals who are lunch, which will include Chicken Parmesan, launched with the passage of the ‘Bank Secrecy Act.’ looking for a deeper understanding of Wall Street’s Meatballs, Italian Sausage, Baked Ziti, Caesar’s Salad, Since that time, additional Anti-Money Laundering “alchemy” and the ensuing credit crisis of 2006 to and Fresh Baked Bread prepared by Chef Ernie Pio laws and regulations have been enacted, which have the present. Mr. Gregory Nowak will provide of Twisted Gourmet! Plus, we’ll have plenty of served to further strengthen requirements for internal easy-to-understand examples of numerous mortgage Holiday Cookies and Treats from Termini controls. After 9/11, Congress passed the USA backed securities and derivative products, including Brothers of South Philadelphia, USA! PATRIOT Act expanding the Bank Secrecy Act to instruments such as synthetic collateralized debt Entertainment and Sports Attorney, Chris Cabott include Terrorist Financing. While most relevant and obligations (CDOs) and credit default swaps (CDS). (www.zanemanagement.com), will provide an overview applicable to financial institutions and their auditors, The use of complex derivatives, otherwise known as of the Entertainment and Sports Industries and the Anti-Money Laundering and Terrorist Financing laws “financial weapons of mass destruction,” would various players on a talent’s “team,” (e.g. manager, and regulations are everybody’s business! Discover ultimately play a major role in the credit market’s agent, lawyer, CPA, business manager, etc.); a the basics of Anti-Money Laundering and Terrorist dysfunction and failure. Mr. Nowak will explain breakdown of the income streams that talent earn in Financing Controls in this engaging one day primer. the pros and cons of Dodd-Frank, which is the the music, film and sports industries; an analysis of the Jim Hallinan, the instructor for this one day session, government’s major legislative effort that seeks to intellectual property, tort and contractual issues is a CPA and has earned several other audit address the factors that almost brought down common in entertainment and sports; a discussion certifications (CIA, CFSA, CBA). In addition to his the world’s financial markets. about how the changing landscape of technology and business consulting work, Jim is also an inspirational social media are affecting the legal, business and writer and speaker. Don’t miss out on this high profile, financial components of representing talent; an entertaining, educational and ever relevant program! understanding of the different fees, commissions and royalties that representatives of talent in entertainment and sports receive; an analysis of how a talent’s rights as an individual are affected by collective bargaining and group licensing; a dissection of the core issues involved with the potential 2011 NFL lockout and work stoppage; the legal and business aspects of fantasy sports; and, the ethical considerations of representing talent in entertainment and sports.

McDevitt & Kline, LLC is an Accredited Provider with the Pennsylvania Supreme Court CLE Board (#5963). McDevitt and Kline’s live, Internet-based courses are approved as Distance Learning courses by the PA Supreme Court CLE Board. For additional information, please visit www.pacle.org. Check with your State CLE Board for rules pertaining to live webcasts. These rules differ from state to state. For example, PA attorneys may earn up to 4 CLE credits per compliance period via live webcasts (or 4 out of 12 credits per year); NJ and DE attorneys may earn up to 12 CLE credits per compliance period via live webcasts (or 12 out of 24 credits per two years). Live classroom prices include parking, course materials, reporting fees, coffee, doughnuts, and lunch prepared by Chef Ernie Pio, proud graduate of the Culinary Institute of America (CIA) and owner of Twisted Gourmet.

For additional inFormation or to make a reservation, please visit www.ceworkshops.com or call thomas a. mcdevitt, cFa, cFp ®, at 215-990-0781.

philadelphiabar.org December 2010 Philadelphia Bar Reporter 23 SIDNEY L. GOLD & ASSOCIATES, P.C.

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24 Philadelphia Bar Reporter December 2010 philadelphiabar.org