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The Monthly Newspaper of the Philadelphia Bar Association Vol. 47, No. 5 May 2018

Judge Jacqueline F. Allen to Board Approves Receive O'Connor Award Probate Bylaws Amendments

The Board of Governors unani- mously adopted a resolution on April 26 approving amendments to the Probate and Trust Law Section bylaws. The Sec- tion has proposed, and its membership has approved, certain amendments to the bylaws involving the composition of the Section’s Executive Committee. It has been determined by the Section that amendments to its bylaws are necessary to improve the organization, governance and conduct of its business. The purpose of the Section is to continued on page 14

Philadelphia Bar Association Photo by Thomas E. Rogers E. Thomas by Photo Hon. Jacqueline F. Allen, Administrative Judge, Trial Division, Philadelphia Court of Common Pleas (left), and Erin E. Lamb, Gold Sponsor cochair, Women in the Profession Committee, after it was announced Judge Allen would receive the Philadelphia Bar Association’s Sandra Day O’Connor Award, to be presented at the Quarterly Meeting and Luncheon to be held on June 20. Not pictured: Kathleen Kirkpatrick, cochair, Women in the Profession Committee. In This Issue Hon. Jacqueline F. Allen, Adminis- onstrated superior legal talent, achieved nology, jury oversight and adult probation trative Judge of the Trial Division of the significant legal accomplishments and has and parole. She has served the judiciary for 4 Bar 5K May 20 Philadelphia Court of Common Pleas, furthered the advancement of women in 25 years in the Philadelphia Court of Com- 7 #MeToo Forum will receive the Philadelphia Bar Associa- both the profession and the community. mon Pleas, having been elected in 1993. tion’s 2018 Sandra Day O’Connor Award Judge Allen oversees a multi-million- Before rising to the position of Administra- 11 Gifts & Emoluments at the Association’s Quarterly Meeting at dollar budget and all administrative matters, tive Judge, she was a team leader in the Trial The Bellevue Hotel on June 20. including the assignment of 72 judges, case Division, supervising all major civil cases. 13 Free CLE - BPU The award is conferred annually on a management with the criminal and civil sec- Judge Allen is an active participant in the woman judge or attorney who has dem- tions, personnel administration, court tech- 16 2018 Bench-Bar continued on page 14 18 Quick Bites

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2 Philadelphia Bar Reporter May 2018 PhiladelphiaBar.org Frontline

Editor-in-Chief Mary-Kate Martin, Esq. Battle Continues to Fund LSC, Preserve Associate Editors Public Service Loan Forgiveness Regina M. Parker, Esq. Julia Swain, Esq. On April 11, I joined the The PSLF Program Annie Kernicky, Esq. By Mary F. Platt Elisa C. Advani, Esq. leadership of the American Enrique Marquez, Esq. Bar Association, four leaders We encouraged Congress at ABA Day 2018 to preserve the Mary LeMieux-Fillery, Esq. of the Pennsylvania Legal federal PSLF program, because it incentivizes graduates with Aid Network, and bar lead- student loans to pursue public service careers that address the Director of Communications ers from 47 other states at most pressing needs of our communities, and enables commu- and Marketing ABA Day 2018 in Washing- nities to provide critical services to their residents at a lower cost. Meredith Z. Avakian ton, D.C., to urge members President George W. Bush and a bipartisan Congress created Executive Director of Congress to restore fund- the PSLF Program in 2007 to enable public sector employers to Mark A. Tarasiewicz ing in the FY19 budget for attract and retain skilled professionals. PSLF makes it financially the Legal Services Corpora- viable to pursue a career in public service by lowering student The Philadelphia Bar Reporter (ISSN 1098- 5352) is published monthly and available by tion (LSC) to the inflation- loan debt, which has become the primary barrier for new subscription for $45 per year by the Philadel- adjusted FY10 level of $482 graduates interested in pursuing public service careers. Under phia Bar Association, 1101 Market St., 11th floor, Philadelphia, PA 19107-2911. Periodicals million. We also asked them to preserve the federal Public the program, borrowers who have made 120 timely monthly postage paid at Philadelphia, PA POSTMASTER: Service Loan Forgiveness (PSLF) Program that House Resolu- payments on federal direct loans, while employed full-time in Send address changes to Philadelphia Bar Re- tion 4508 (a/k/a the PROSPER Act) would eliminate. qualifying public service jobs are eligible to have their remaining porter, c/o Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, PA 19107- loan balance forgiven. 2955. Telephone: (215) 238-6300. Association LSC Funding H.R. 4508 would eliminate PSLF and income-based repay- Web site: philadelphiabar.org. Newspaper e- ment plans. It also would cap federal graduate school loans at mail address: [email protected]. The edi- torial and other views expressed in the Phila- The five of us from Pennsylvania met with Pennsylvania’s 20 $28,000 annually, which would discourage diverse and low- delphia Bar Reporter are not necessarily those Congressmen and Senators, or their staff, and were proud to see income students from pursuing a legal education, including of the Association, its officers or its members. Rep. Brian Fitzpatrick from Pennsylvania’s Eighth Congressional those interested in public service careers. Advertising rates and information are available from Shawn D. Phillips at American Lawyer District receive the 2018 ABA Justice Award for his support of PSLF helps graduates afford lower paying jobs as federal, Media, 1617 JFK Boulevard, Philadelphia, PA, LSC and his leadership in seeking ways to improve access to the state and local government workers, teachers, nurses, firefight- 19103. Telephone: (215) 557-2340 or e-mail [email protected]. civil justice system. ers, police officers, military employees and first responders, and While the proposed FY19 budget eliminates funding for ensures that Americans have access to essential legal services. The LSC, I applaud the bipartisan effort that resulted in approval of types of legal jobs that qualify for the PSLF program include the FY18 omnibus spending bill that provides $410 million to public defenders, prosecutors, civil legal aid attorneys, court per- LSC—an increase of $25 million from the funding levels of the sonnel and other public service attorneys. Eighty percent of law past two fiscal years and the highest appropriation since 2010 students take out student loans to attend law school. In addi- Tell Us for legal services. tion to an average of $30,000 in undergraduate debt, graduates What You Think! As the single largest funder of legal services, LSC provides of private law schools incur on average $122,000 in debt and funds for low-income residents in every county across the graduates from public law schools incur on average $88,000 in The Philadelphia Bar Reporter wel- comes letters to the editors for publi- nation, and safeguards the most fundamental and nonpartisan debt. The potential forgiveness of outstanding student loan debt cation. Letters should be typed. There right of equal access to justice under the law. Philadelphia Legal makes it feasible for the public sector to recruit and retain young is no word limit, but editors reserve Assistance, the Philadelphia County recipient of LSC funding, lawyers who could earn much higher salaries in the private the right to condense for clarity, style provides legal services to address basic human needs, including sector, but want to pursue public service careers with a starting and space considerations. Letters family safety and stability, food security, access to healthcare, salary of $50,000 or less. Without PSLF, law school gradu- must be signed to verify authorship, employment, income maintenance and housing, in addition to ates considering public service would face 20 years or more of but names will be withheld upon re- facilitating the efforts of our local law schools and lawyers in pri- student loan payments. quest. Letters may be mailed, faxed or e-mailed to: Thomas E. Rogers, Senior vate practice to provide pro bono services to low-income clients. If you would like to add your voice to those heard on ABA Managing Editor, Philadelphia Bar The LSC’s 2017 Justice Gap Report revealed that 86 percent Day 2018 in Washington, D.C., please contact our Pennsyl- Reporter, Philadelphia Bar Association, of low-income Americans receive inadequate or no legal help vania Senators and your Representative, and ask them to fund 1101 Market St., 11th floor, Philadel- for their civil legal problems due to a lack of resources. In 2017, LSC at the $482 million level, preserve the PSLF program and phia, PA 19107-2955. Phone: (215) 709,070 Philadelphians were eligible for free legal services, income-based repayment plans, and ensure access to federal 238-6345. Fax: (215) 238-1159. E-mail: which is not surprising given that Philadelphia has the highest graduate school loans that reflect the true cost of a graduate [email protected]. poverty rate among the 10 largest cities in the United States. education. Funding civil legal aid is essential to improving our commu- nity, in addition to ensuring fairness for all in our justice system. Mary F. Platt ([email protected]), attorney at Fine- Civil legal aid prevents homelessness, secures health benefits and man Krekstein & Harris P.C., is Chancellor of the Philadelphia Bar prevents harm from domestic violence, which helps to lower Association. taxpayer costs. It also has proven to be an invaluable and effec- tive tool to fight poverty and protect the safety and well-being of low-income families, children, seniors and veterans, and has a positive economic impact on local communities. In Pennsylva- nia, an economic impact study has shown an investment return of approximately $11 for every $1 spent for legal aid in local communities.

PhiladelphiaBar.org May 2018 Philadelphia Bar Reporter 3 YLD Update When Opportunity Knocks, Answer

By Vincent N. Barbera No one goes to law again, there are several great reads that will provide the hard work will shine through. Do all you can to be ready, school aspiring to write basics and some practice tips. Ask for the opportunity and remember to reflect upon the experience afterward internal research memos and take it if it is offered. Your preparation will be obvi- to identify areas for improvement or more thorough or review document ous, which will help you show that you are up to the preparation. productions. Yet, so challenge. Last but not least, be grateful for the opportunity often goes the life of It is normal to be nervous, but do not let those feelings given. Say “thank you.” The colleague who entrusted you an associate attorney. cause you to pass up a chance to take a step forward in with the assignment has, by their actions, placed confi- Is there anything that your professional development. Trust the person assign- dence and trust in you. They may have had to stick their can be done to generate ing you the task, since your success is, ultimately, theirs. neck out for you with the client, or with other colleagues, opportunities for more Remember that if the responsible attorney did not have and we should always be happy to thank those who help exciting work? I believe confidence in you and in your abilities, they would not us along the way in our professional development. It also the answer is “yes.” have assigned the task to you. Being entrusted with makes it more likely that we will be called upon again for Be proactive. For instance, make it known to everyone an opportunity to take a deposition, argue a motion or similar assignments. who is willing to listen that you would be happy to take a examine a witness at trial may be the highest compliment The opportunity will come, but there is no reason you deposition. But, be realistic and try to identify a witness you can receive as a young litigator. Draw some comfort cannot nudge the process along. You will be glad you who, although necessary to depose in the case, may not from your colleague’s vote of confidence. did. be the most critical. Prepare to demonstrate your readi- This is not to say you should be overly confident. We ness and ability to handle the assignment through your all “practice” law, so carve out plenty of time to prepare. Vincent N. Barbera ([email protected]), associate knowledge of the documents and facts pertinent to that Making preparation a top priority is as important for at White and Williams LLP, is chair of the Young Lawyers witness; because chances are, you are already the closest your own growth as an attorney as it is to ensure a high- Division. to that information. Consider doing some additional quality product. It may mean some late nights and the homework on your own time to learn more about other sacrifice of some of your own time, but it will be worth approaches to the task. While the best way to learn how it. You will be well equipped to handle the curve balls to take a deposition effectively is by doing it again and that will inevitably be thrown your way, and all of your

Get Ready for the May 20 Bar 5K!

Registration is now open for May 17-18, between 9 a.m. and 4 p.m. the day of the event increases to $45, so team and individual entries for the Online registration is available at www. preregistration is encouraged. 39th Annual Philadelphia Bar Associa- runsignup.com. A service fee is added Sign up for the 5K today! tion Charity Run/Walk benefiting the for online registrations. The entry fee on Support Center for Child Advocates at Memorial Hall in Philadelphia’s Fairmount Park on Sunday, May 20. Proceeds will help Support Center and its goal to protect abused and neglected children in Philadelphia. Online registra- ATTORNEY DISCIPLINARY / ETHICS MATTERS tion for individuals is accessible through STATEWIDE PENNSYLVANIA MATTERS May 18 at www.phillybarcharityrun. NO CHARGE FOR INITIAL CONSULTATION com. Runners and walkers of all ages are Representation, consultation and expert testimony in disciplinary matters encouraged to participate! and matters involving ethical issues, bar admissions and The event includes a 5-kilometer (3.1- the Rules of Professional Conduct mile) race and walk. Anyone may run or walk as an individual in the Open Com- James C. Schwartzman, Esq. petition. Members of the Philadelphia • Chairman, Judicial Conduct Board of Pennsylvania Bar Association are included, at no extra loaded at www.phillybarcharityrun.com. • Former Chairman, Disciplinary Board of the Supreme Court of charge, in the Bar Competition in addi- The deadline for receiving team registra- Pennsylvania • Former Chairman, Continuing Legal Education Board of the Supreme tion to the Open Competition. There is tions is also May 11. Should you have Court of Pennsylvania also a free 200-yard non-competitive Kids’ any additional questions regarding team • Former Chairman, Supreme Court of Pennsylvania Interest on Lawyers Dash for children ages 5-10 sponsored sign-up please contact Michael Trust Account Board by Buchanan Ingersoll & Rooney PC. Berkowitz at [email protected]. • Former Federal Prosecutor Registration for the Kids’ Dash will be on The individual entry fee for the Open • Selected by his peers as one of the top 100 Super Lawyers in Pennsylvania the day of the event. and Bar Association Competitions and and the top 100 Super Lawyers in Philadelphia The deadline for mail-in registration walk is $35 if the registration is post- • Named by his peers as Best Lawyers in America 2015 Philadelphia forms is Friday, May 11. Registration marked by midnight May 11, 2018. Ethics and Professional Responsibility Law “Lawyer of the Year,” and in forms and applications and information Individuals can register in person at the Plaintiffs and Defendants Legal Malpractice Law for the Caesar Rivise, PC-sponsored Legal office of Caesar Rivise, PC, at 1635 Mar- 1818 Market Street, 29th Floor • Philadelphia, PA 19103 • (215) 751-2863 Team competition may also be down- ket St., 12th Floor, Philadelphia, from

4 Philadelphia Bar Reporter May 2018 PhiladelphiaBar.org Bar Foundation Our Pro Bono Opportunity In 2017, the Philadelphia Bar Asso- By Thomas A. Brophy Walker & Rhodes LLP is actively The nomination period will soon open ciation’s Pro Bono Task Force released a assisting with the creation and for the Pro Bono Award of the Philadel- comprehensive report detailing the state establishment of PBF Holdings, phia Bar Foundation. Given annually to of pro bono legal services in Philadelphia. a wholly owned subsidiary of a Philadelphia law firm or corporate legal Part of its analysis included lawyers in the Philadelphia Bar Foundation department that performs outstanding private practice at large, mid-size and that will own the Equal Justice volunteer efforts in providing legal services small firms, as well as solo practitioners. Center as a ground tenant. Donald to those in need, this award recognizes col- The report detailed that many of the large Kramer has given invaluable advice lective commitment to the development law firms in Philadelphia have pro bono on the creation of this complex and delivery of pro bono legal services in programs in place for attorneys to easily entity; and the region. We encourage you to consider promote involvement, and that robust • LLP filed a pat- candidates for this award. pro bono practices can also be found at ent application for our innovative The Philadelphia Bar Foundation is smaller firms. The large firms are also and unique Economic Benefits grateful to receive pro bono legal support likely to have sizable pro bono projects Calculator. and volunteer leadership from our legal in collaboration with Philadelphia legal Another collective initiative with community. We thank all of you for your services organizations. Facilitating pro impact is #TakeActionPhilly in which the We are fortunate to have access to an service to us and to our legal aid nonprofit bono work as a part of law firm culture is Philadelphia Bar Association, with the incredible group of law firms and lawyers organization partners. a distinctive and exceptional characteristic support of the City of Philadelphia and that are philanthropy-focused and believe of the Philadelphia legal community. several nonprofit legal aid organizations, in our shared mission. The Philadelphia Thomas A. Brophy (tabrophy@mdwcg. For those without the means to pay work together to provide free legal assis- legal community is unique and mobilized com), shareholder at Marshall Dennehey for legal representation, many problems tance to individuals and families seeking to leverage their talent not only for our Warner Coleman & Goggin, P.C., is presi- go unaddressed and needs go unmet. U.S. citizenship by hosting a series of free benefit with services, but also for greater dent of the Philadelphia Bar Foundation. All signs point to the fact that this gap screenings and clinics. impact overall in legal service organiza- between need and solution has widened Although the Philadelphia Bar Founda- tions and pro bono through their own and continues to grow. These challenges tion’s mission is to support free and low- firms. will surely be exacerbated if dramatic eco- cost legal services through the funding of nomic shifts occur, if the U.S. government our nonprofit partner legal aid agencies, realigns with new priorities, or if a natural we also rely on generous pro bono legal disaster occurs with far-reaching impact support from our community. We are on the daily lives of Americans. extremely grateful to have these pro bono The Legal Services Corporation's 2017 legal services and the volunteer support report, “The Justice Gap: Measuring the of many from the legal community. Our Unmet Civil Legal Needs of Low-income dedicated board of trustees is a commit- Americans,” said “Low-income Americans ted group of individuals who donate seek professional legal help for only 20 time, funding and other resources to raise percent of the civil legal problems they awareness about the Foundation and to face.” The reasons people do not actively advance equal access to justice through- look for help are that they decide to out the professional community. handle it by themselves, they do not know As a multifaceted organization, the where to find help or resources, or they are Foundation relies on advice and support unsure if their issue is a "legal" problem. from legal counsel, provided gratis, for Our legal community’s pro bono work complex matters including: is critical for advancing the mission of access to justice, and we have the oppor- • Buchanan Ingersoll & Rooney, tunity and obligation to communicate to P.C. provides counsel for the the Philadelphia region that help is indeed Equal Justice Center bond trans- available. There are tens of thousands of actions, development agreements lawyers who provide pro bono service to and contracts; the public and who dedicate their careers • Caesar Rivise, PC success- to public interest, and we can help amplify fully filed for trademark on the their voices. Philadelphia Bar Foundation logo Programs such as the Philadelphia Bar and provides intellectual property Association’s Young Lawyers Division guidance; Expungement Clinic mobilize many vol- • Blank Rome LLP conducted unteer lawyers to provide free legal services an extensive analysis of national to many people at once. This clinic assists registration options for Founda- individuals who have prior arrests and old tion fundraising, and Blank Rome misdemeanor convictions with getting Partner Linsey Bozzelli recently them removed from the legal record and/ reviewed and edited our bylaws; or sealed from the public. • Montgomery, McCracken,

PhiladelphiaBar.org May 2018 Philadelphia Bar Reporter 5 April 19, 2018 naturalization ceremony Photos by Thomas E. Rogers E. Thomas by Photos

Left: Sister Kathy McShane, director of the Sisters of Saint Joseph Welcome Center, Order of the Sisters of Saint Joseph (left to right); Hon. Gerald A. McHugh, U.S. District Court for the Eastern District of Pennsylvania; and Regina M. Foley, treasurer, Philadelphia Bar Association; at the naturalization ceremony sponsored by the Association at the U.S. Courthouse on April 19. Right: Twenty-eight people from 21 countries became U.S. citizens at the ceremony. Workers' Compensation Section Helps Local Students n By Hon. Todd B. Seelig college after graduation. The CMTHS campus is in Plymouth On April 11, the Philadelphia Bar Meeting, Pennsylvania. The CMTHS Association’s Workers’ Compensation Sec- student population is both culturally and tion presented a $2,000 donation to Cen- financially diverse, with more than 43 per- tral Montco Technical High School. The cent of CMTHS students economically funds will be used to provide dual enroll- disadvantaged and students with a special ment college credits for students enrolled population status make up more than 35 in the networking technology program percent of the enrollment. Members of at CMTHS. According to Larry Byron, the Section were met by Charles Braun, head of the Networking Technology pro- business manager of CMTHS; Frederick gram at CMTHS, this will allow students McCarthy, marketing coordinator; and attending this technical high school to pay Seth Schram, assistant director; and given for college credits for their coursework in a tour of the impressively large campus. the program. A student could graduate Schram thanked the Section for its dona- from the technology program and have a tion, and said that this donation helps Hon. Todd B. Seelig, cochair, Workers' Compensation Section (right) and Kaitlin dual enrollment status with a local com- fund the vision of the school to continue Files, cochair, Workers' Compensation Section Diversity and Inclusion Committee, munity college providing up to 15 hours to provide high-level, competency-based present the donation check from the Section to Larry Byron at CMTHS on April 11. of college credit. This could go a long way career and technical education programs; in inspiring high school students to attend continued on page 14 to lawyer lawyer Referrals For details on placing a Lawyer to Lawyer referral ad, contact Lana Ehrlich at 215-557-2392 or [email protected].

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6 Philadelphia Bar Reporter May 2018 PhiladelphiaBar.org Philadelphia Bar Association CLE - Chancellor's Forum #MeToo in the Workplace, How to Provide a Safe Space n By Enrique Marquez

The #MeToo movement created a tidal wave after an onslaught of Holly- wood elite were excoriated after accusa- tions of years of sexual harassment. This has had the fortunate effect of catapult- ing the issue of sexual harassment to the forefront of the media, and employ- ers' concerns. After these accusations, corporate America, including law firms and legal departments, is focusing on improving workplace culture to be more

sensitive to the issues surrounding sexual Rogers E. Thomas by Photos harassment. During the Philadelphia Bar Chancellor Mary F. Platt (right) with Deborah Weinstein (left to right), Pamela Gwaltney, Jacqueline M. Woolley, Elizabeth A. Association CLE hosted by the Women's Malloy, Catherine T. Barbieri, Lisa Swiatek, Brian McGinnis and Amal M. Bass at the Philadelphia Bar Association's Chancellor's Rights and Women in the Profession Forum CLE on April 4. Committees titled “A Chancellor's Forum on Sexual Harassment” on April 4, a allowing the employer to understand where to turn. In this regard, it is impor- are rules that must be followed. Sexual- panel discussed #MeToo and its implica- what behaviors cannot be tolerated. An tant that the policy lays out the investiga- harassment training must equip managers tions in the legal profession. Catherine T. employer can have written policies to pre- tion procedure and the importance of the with the skills to know what to do when Barbieri and Amal M. Bass, cochairs of vent these behaviors from occurring, but cooperation of everyone involved, includ- they receive a complaint and encour- the Women’s Rights Committee mod- if they do occur, these guidelines should ing witnesses. Furthermore, laying out age employees to come forward after an erated, and panelists included Pamela instruct an employee and an employer remedial measures sends a clear message incident. Gwaltney, deputy director of compliance on how to respond. There are several that the employer will take these instances It is often said that sexual harassment for the Philadelphia Commission on items to keep in mind when drafting or of bad conduct seriously and make it safe is about power, not just sex, and employ- Human Relations; Elizabeth A. Mal- revising sexual-harassment policies. Make for an employee to report them. Be clear ers are charged with the responsibility of loy, member at Cozen O’Connor; Brian them user-friendly by writing in language that there will be no retaliation for report- providing an environment where their McGinnis, associate at Fox Rothschild that everyone can easily understand and ing sexual harassment. Finally, because employees feel safe. LLP; Lisa Swiatek, deputy city solicitor include a strong section of defined terms an aggressor can be anyone, and a victim in the City of Philadelphia Law Depart- that clearly explains unwanted behaviors. can also be anyone, these policies should Enrique Marquez (Enrique.Marquez@ ment; Deborah Weinstein, founder and At the end of the day, it is not the inten- be non-discriminatory based on gender or Phila.gov), assistant city solicitor in the City of president of The Weinstein Firm, LLC; tion behind an action that is the most sexual orientation. Philadelphia Law Department, is an associate and Jacqueline M. Woolley, associate at important, it is how an action is received. The panel also talked about leading editor of the Philadelphia Bar Reporter. The Ezold Law Firm, P.C. If a behavior is making someone at work proper training, noting that training plans Employers have an obligation to feel violated, that is what counts. must be tailored to individual workplace provide a safe work space. In doing so, an Outline reporting procedures so that cultures. Create programs that are genu- employer must have a legal understanding when there are instances of sexual harass- ine, current and interactive and clearly on what constitutes sexual harassment, ment, an employee will know exactly communicate that when at work, there to lawyer lawyer Referrals For details on placing a Lawyer to Lawyer referral ad, contact Lana Ehrlich at 215-557-2392 or [email protected].

DE & NJ For more information on placing a REFERRALS Motor Vehicles Accidents Lawyer to Lawyer referral ad, please con- Slip and Fall tact Motorcycle Accidents Workers’ Compensation Medical Malpractice Lana Ehrlich at Mass Torts

[email protected] or call Carmen Diaz at 215-246-9203 215-557-2392 or [email protected]

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LegalIntelREFERRALad2016.indd 1 4/8/16 3:43 PM PhiladelphiaBar.org May 2018 Philadelphia Bar Reporter 7 MAY CLE COURSES

An Inside Look at the Purpose, Procedure, Pitfalls, and VIDEO ENCORE: Ethics and Malpractice Avoidance Punishment in Support Contempt Actions Wed., 5/16/18 - 12:30 - 2:30 p.m. (2.0 ETH) Mon., 5/7/18 - 12:30 - 2:00 p.m. (1.5 SUB) This video encore CLE program, applicable to attorneys in all practice areas, will provide Hosted by the Family Law Section guidance regarding how to protect yourself and minimize your chances of being sued for The program will offer practical guidance regarding the best ways to prepare and malpractice or being subject to other ethical issues. Panelists will address the primary present a contempt petition along with how to properly represent a defendant in a reasons why attorneys are sued, the stages of a representation where attorneys get into support contempt action. The program will provide instruction on topics including; trouble, practical steps an attorney can take to minimize risk, as well as professional proper procedure for the filing a contempt petition, types of preparation and information liability insurance, which is critical in protecting the law firm and the attorney in the gathering that should be performed for contempt hearings, types of purge factors to be event of legal malpractice. Attend and earn a discount on your malpractice insurance, considered, and tips on what to do and what not to do when presenting one’s petition to advised and administered by USI Affinity. The discount does not apply to part-time the court. policies.

Election Day 2018: How the City Holds Elections and Nonprofit Financials 101: What Board Members Preserves the Right to Vote Need to Know Tue., 5/8/18 - 12:30 - 1:30 p.m. (1 SUB) Wed., 5/23/18 - 12:30 - 1:30 p.m. (1 SUB) Co-Hosted by the Government & Public Service Lawyers Committee, City Policy Hosted by the YLD as part of the Philadelphia Bar Foundation Board Observer Committee, The Barristers’ Association of Philadelphia, Inc. and the Hispanic Bar Program Association of Pennsylvania (HBAPA) This practical CLE program will cover how to read nonprofit financial statements, give In this timely 1-hour luncheon CLE program, panelists examine how the City of an overview of the audit process and the preparation of required IRS Form 990. The Philadelphia prepares for and holds elections on Election Day. Specific topics will program will cover what questions attorneys serving on nonprofit boards should be include how fraud is monitored by the District Attorney and how Election Court operates asking about their organizations’ financial situation. as the day unfolds. Panelists will also address how recent redistricting litigation has affected preparations for Election Day. VIDEO ENCORE: Gifts and Emoluments: Are Public Employees Held to a Higher Standard than the President Search and Seizure Update 2018 of the United States? Thu., 5/10/18 - 12:30 - 1:30 p.m. (1 SUB) Wed., 5/30/18 - 12:30 - 1:30 p.m. (1 ETH) Hosted by the Criminal Justice Section In this ethics video encore program, panelists from the City of Philadelphia Board of The law of search and seizure is challenging and ever-evolving as new cases are added to Ethics and the Pennsylvania State Ethics Commission will review the relevant gift the Fourth Amendment mosaic. A thorough knowledge of search and seizure law is vital restrictions that apply to government employees in Philadelphia. The program will to the practice of criminal law. In this CLE program, Professor David Rudovsky will also examine these gift restrictions in relation to the emoluments clauses of the U.S. highlight new developments in the area of “reasonable expectation of privacy,” cellphone Constitution. searches and searches by parole officers, among many others. Professor Rudovsky will also share new perspectives in Pennsylvania constitutional law. *Additional courses will be added within the month. For The Mobile Workers’ Compensation Lawyer - In & Out more new, unique and affordable CLE programs, please of the Courtroom visit the Philadelphia Bar Association CLE webpage. Fri., 5/11/18 - 12:30 - 1:30 p.m. (1 SUB) Hosted by the Workers’ Compensation Section The days are long gone in which lawyers brought pens and paper to court, and handled everything else while in their offices. With smartphones, tablets, laptops and other mobile devices, lawyers now communicate with clients in their offices and on the run. In this TO REGISTER CLE program, workers’ compensation attorneys will learn about different technological options and how to use those options to serve clients better on the go. The presentation Visit the CLE page at PhiladelphiaBar.org will include specific examples including accessing WCAIS, the Act, and the regulations on a mobile device.

The Legal Intelligencer surveys its reading public each year to determine “The Best Of the Legal Intelligencer.” The Philadelphia Bar Association is honored to again be included in the continuing legal education category as a provider of high-quality CLE and CJE programming. Look for us at #52 and VOTE by Friday, May 18. Note that you do NOT have to vote in every category for your ballot to be counted; you may advance to #52, and cast your vote for the Philadelphia Bar Association. We appreciate the support from members, speakers, sponsors and all who have contributed to and attended our CLE programming.

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

8 Philadelphia Bar Reporter May 2018 PhiladelphiaBar.org Philadelphia Bar Association CLE - Workers' Compensation Section Know How to Clarify Who's a Contractor, Who's Not n By Elisa C. Advani control test to determine if there was an employment relationship,” said Cum- Workers’ compensation cases mings, “and many employers were involving construction injuries are com- misclassifying employees as independent plex matters, and attorneys on both the contractors to skirt the system and avoid claimants’ and defendants’ side need to paying workers’ compensation.” The act know the ins and outs of the Construc- only applies to the construction field, tion Workplace Misclassification Act. The which is important because of the severity Workers’ Compensation Section hosted of construction injuries. “Construction a Philadelphia Bar Association CLE workers put themselves at a huge risk titled “How to Handle the Construction doing things like demolition, climbing Worker Misclassification Case” on Feb. onto roofs and ladders, and they need the 23. Panelists were Alfred J. Carlson, part- protection of statutory employment,” said ner at Martin Law LLC, and Patrick J. Carlson. When determining whether an Cummings, associate at Weber Gallagher individual fits the definition of a construc- Simpson Stapleton Fires & Newby LLP. tion worker and whether the CWMA Rogers E. Thomas by Photos The panel talked about the CWMA, applies, Carlson said attorneys need to Alfred J. Carlson (left) and Patrick J. Cummings at the Philadelphia Bar Association CLE on February 23. which went into effect on Feb. 10, 2011, focus first on what type of work and ser- establishing that no individual may be vices the injured worker was performing. classified as an independent contractor He told attendees to take time to explain insurance, claimants’ attorneys must put was a restaurant and not in the business unless they have a written contract to per- why the client is an employee and not an the UEGF on notice within 45 days of of construction. However, Carlson said, form construction services, are free from independent contractor. This can involve finding that out.” “When you look at the four corners of the control and direction over the perfor- issues of residency, immigration status and The court made it clear in D&R CWMA itself, I don’t see anything that mance of the work, and are customarily weekly wage status. Construction vs. WCAB that the CWMA talks about the nature of the employer’s engaged in an independently established Next, it is important to determine who is not retroactive and only applies to con- business - the focus is on what the injured trade, occupation, profession or business. the employer is. “Your client might not struction injuries that occurred on or after worker was doing and the circumstances In other words, the CWMA protects speak English, or might have been hired Feb. 10, 2011, the effective date. Another around his construction job.” injured construction workers by recog- through a friend whose last name they relevant case, L&I vs. WCAB (Appeal nizing them as employees to be covered don’t know, or the employer might not of Lin), was argued before the Supreme Elisa C. Advani ([email protected]), under the employers’ insurance or the have a corporate name. You might need Court of Pennsylvania on March 6. In associate at Martin Law LLC, is an associate Uninsured Employers’ Guarantee Fund, to hire a private investigator to figure that case, the employer was a Chinese editor of the Philadelphia Bar Reporter. unless they meet all the requirements of out who exactly the employer is before restaurant that was closed for remodeling an independent contractor. you put a case into suit,” said Carlson. when one of the construction workers was “Before the CWMA went in to effect, “It is much easier now to determine if severely injured. The employer argued courts used a traditional common law an employer has insurance. If there is no that the CWMA did not apply because it

WCAIS Implications for Yellow Freight Motions n By Leah Cilo filing system for the Bureau of Workers’ Compensation. "Yellow Freight" motions are made The program began with Hon. Scott after an employer fails to file an answer M. Olin, Workers’ Compensation Office to a claim petition within 20 days after of Adjudication, discussed the underlying the assignment notice has been issued. facts of Yellow Freight, Inc. vs. Workmen’s Judges are empowered to grant these Compensation Appeal Board (Madara), motions and deem every well-pled the case that created these motions. Like factual allegation on the petition admit- many seminal court opinions, the facts ted as true and to bar the employer from in the Yellow Freight case are severe; they presenting challenges to these allegations. involve a fatal claim petition filed by The excluded affirmative defenses are res the wife of a truck driver who was killed judicata, collateral estoppel, intoxication, while driving intoxicated. Marla Joseph, and violation of a positive work order. of the Law Offices of Marla A. Joseph, The Workers’ Compensation Section LLC, said that during the centennial cel- hosted a Philadelphia Bar Association ebration of the Workers’ Compensation

CLE titled “Yellow Freight After WCAIS Act in 2015, she contacted the widow’s Rogers E. Thomas by Photos and Beyond” on March 16. The Workers' attorney and he was unaware that the Judge Scott M. Olin (left to right), Marla A. Joseph and Neil T. Dombrowski at the Compensation Automation and Integra- case he handled in 1981 created the Act’s Philadelphia Bar Association CLE on March 16. tion System, or WAICS, is the electronic continued on page 14

PhiladelphiaBar.org May 2018 Philadelphia Bar Reporter 9 Philadelphia Bar Association CLE - Tax Section and Solo & Small Firm Mgmt. Ctte. State, Federal Tax Laws' Impact on Law Firms n By James Vandermark employees. As an example, Malone said this exception allowed a deduction for Like many businesses, law firms are Uber rides for employees working late. analyzing how the Tax Cuts and Jobs For firms that provided transportation Act will affect the way they do business. benefits, Vaughan said employees should The Tax Section and the Solo and Small make pre-tax contributions for transpor- Firm Management Committee pre- tation expenses, which were not affected sented a CLE program titled “What the by the Tax Act. New Tax Law Means for Lawyers and The Tax Act also includes major Law Firms” on March 20. The program changes that may affect how firms are was presented by James R. Malone Jr., structured, including the lower fed- principal at Post & Schell, P.C., and eral corporate tax rate, a cap on state Leila E. Vaughan, of counsel to Royer and local tax deductions and the new Cooper Cohen Braunfeld LLC. qualified business income deduction. The presenters discussed how the Tax The first two changes support organiz- Act may affect the way firms operate. ing in corporate form. The federal Photo by Thomas E. Rogers E. Thomas by Photo For example, the elimination of the corporate rate dropped to 20 percent, James R. Malone (left to right); Maureen M. Farrell, chair, Solo and Small Firm deduction for entertainment may reduce which is generally more favorable Management Committee; Leila E. Vaughn; and David G. Shapiro, chair, Tax Section; at the level of client entertainment. While than the rates applicable to individual the Philadelphia Bar Association CLE on March 20. you will still be able to deduct for the partners. In addition, individuals now costs of meals, the deduction has been face a $10,000 cap on state and local impact of Pennsylvania’s corporate tax corporate tax rate, the Tax Act provides a reduced to 50 percent. tax deductions which is not applicable rate at 9.99 percent compared to the 20 percent deduction of qualified busi- Deductions for employee transporta- to corporations. However, Vaughan individual rate of 3.07 percent may offset ness income for pass-through entities. tion benefits have also been eliminated, cautions that the double taxation appli- any federal tax advantages. However, for specified service businesses, except for when it is for the safety of cable to a corporation still exists and the As a counterbalance to the lower continued on page 14

Stephen C. Goldblum Michael B. Dubin Michael J. Torchia Frank P. Spada Joesph W. Flueher [email protected] [email protected] [email protected] [email protected] [email protected]

The firm provides comprehensive employment counseling for its business clients to navigate the many ever-changing employment laws, rules and regulations. In addition, our attorneys routinely appear in state and federal courts and in arbitrations on employment and labor related matters. The firm’s workplace investigation practice is frequently looked upon by companies and other law firms to investigate and provide expert testimony regarding a variety of claims, including sexual harassment, discrimination, retaliation, wage and hour issues and other forms of employee misconduct.

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Discrimination and Sexual Harassment Suits • Wage and Hour, Overtime and Minimum Wage Claims Hiring and Background Checks • Termination • Severance • Discipline • Employee Policies • Drug Testing • Job References Injured Employees • Paid Time Off • Exempt and Non-Exempt Employees • Independent Contractor/Employee Classification • Workplace Violence Investigations by State and Federal Agencies • Discrimination, Sexual Harassment, Managerial Responsibility and Sensitivity Training Enforcing Non-Compete, Non-Solicitation and Confidentiality Provisions • Employee Handbooks and Policies • Employment Agreements Private Seminars on Employment Law Topics • Separation and Severance Agreements • Workplace Investigations

10 Philadelphia Bar Reporter May 2018 PhiladelphiaBar.org Philadelphia Bar Association CLE - Gov't & Public Service Lawyers Ctte. Gifts & Emoluments: Standards at All Levels of Gov't n By Jon-Michael Olson rules. There are two pending lawsuits that allege that the president violated Are public employees held to a the Foreign Emoluments clause, higher standard than the president of which prohibits an officer of the the United States with regard to accept- U.S. government from receiving any ing emoluments (i.e. gifts)? The probable emolument of any kind from a for- answer is “Yes,” said Mark Rahdert, eign government, and the Domestic professor of law at Temple University Emolument clause, which prohibits Beasley School of Law, during the the president and vice-president from Philadelphia Bar Association CLE hosted receiving any emoluments from any by the Government and Public Service U.S. state. Lawyers Committee titled "Gifts and Recently, a federal judge ruled Emoluments: Are Public Employees Held that the District of Columbia and to a Higher Standard Than the President Maryland have standing to proceed of the United States?" on March 22. “But with their claim that President Trump the longer and more complicated answer inappropriately received emoluments, to that is ‘we may never know’.” in the form of business to Trump- Rogers E. Thomas by Photos The U.S. Constitution contains three owned properties, from foreign and Jordan Segall (left to right); Brian Jacisin and Mark Rahdert at the Philadelphia Bar emolument clauses to protect the U.S. U.S. state governments. The courts Association CLE on March 22. from the corruptive influence of brib- will then have the task of defining ery, conflicts of interest and corruption. the parameters of the emoluments clauses, however, the law is more definitive. from those that seek official action or have Throughout this country’s 242-year including whether the president is con- Jordan Segall, cochair of the Govern- a financial interest that the city employee history, these clauses were hardly litigated sidered an officer of the U.S. and should ment and Public Service Lawyers Com- can affect through official action. Addi- and defined. However, President Trump’s emoluments be broadly defined to include mittee, said that the City Ethics Code tionally, all cash gifts are prohibited under many business interests, domestic and business arrangements? prohibits city officers and employees from the Ethics Code from these sources. A international, have called attention to these For local public employees and officials, accepting or soliciting gifts of over $99 continued on page 15

Philadelphia Bar Association CLE - Real Property Section Untangling Philadelphia Real Estate Foreclosure Law n By Antarvir Kaur programs in the Department of Revenue of the City of Philadelphia. The program Real estate taxes are a contentious was moderated by Montgomery L. Wil- matter in the City of Philadelphia. Many son, senior attorney, Community Legal taxpayers may say the city would love Services of Philadelphia to take their homes away and auction Real estate taxes became past-due on them at sheriff’s sale, but the city would March 31, and if they were not paid by rebut that it just wants taxpayers to pay April 1, they begin accruing interest. If the their taxes in-full and is willing to work taxes are not paid by the following year, a with home-owners. At a Philadelphia Bar lien will be assessed against the property. Association CLE cohosted by Com- The taxpayer is notified regarding this lien munity Legal Services of Philadelphia with a certified letter that informs them and the Real Property Section titled about their outstanding taxes, interest “Philadelphia Property Tax Foreclosures” and penalties on the principal and any on March 27, lawyers from both sides other issues. When the lien is assessed, discussed the foreclosure process in Phila- it is docketed in the Philadelphia Court Rogers E. Thomas by Photos delphia County. Panelists included Hon. of Common Pleas. This allows the city Montgomery L. Wilson (left to right), Catherine M. Martin, Judge Idee C. Fox, Idee C. Fox, Supervising Judge, Philadel- to file a lawsuit against the property to Frances R. Beckley and Graham O'Neill at the Philadelphia Bar Association CLE on phia Court of Common Pleas; Frances collect the delinquent taxes. A petition is March 27. R. Beckley, chief counsel of the revenue filed, and the court issues a rule hearing to months from that date. The notice for to verify whether service was proper with department in the Tax Unit of the City of decide if the property should be auctioned sheriff’s sale must be conspicuously posted respect to notice to any parties who have Philadelphia Law Department; Catherine at sheriff sale. The taxpayer has an oppor- on the property. a registered interest in the property being M. Martin, ABA Section of Taxation tunity to come to the hearing and make Taxpayers have three opportunities foreclosed. Christine A. Brunswick Public Interest their case before a master, who will make before a master to make arrangements Taxpayers may substantively dispute Fellow at Community Legal Services a recommendation. If the taxpayer is not for payment with the city’s Department the matter at a hearing where they are of Philadelphia; and Graham O’Neill, present for this hearing, a decree may be of Revenue. Before any decree is issues, entitled to a production of evidence. The director of taxpayer assistance & credit issued, and the sheriff’s sale is set three there is an independent inquiry by a judge continued on page 15

PhiladelphiaBar.org May 2018 Philadelphia Bar Reporter 11 Philadelphia Bar Association CLE - Public Interest Section Treating LGBTQIA Youth With Respect, Understanding n By Julia O'Connor said she aims to leverage civil legal services to reduce and prevent youth homelessness Legal and systemic barriers, both in Philadelphia, specifically for system- nationally and in Philadelphia, negatively involved youth, and LGBTQIA youth of perpetuate the cycle of intersectional color through a variety of ways includ- oppression for lesbian, gay, bisexual, ing expungement and public benefits transgender, queer, intersex and/or assistance. Youth who are facing housing asexual, or LGBTQIA, youth. The insecurity also have a significant statisti- Public Interest Section’s Legal Rights of cal likelihood of being people of color, Children Committee hosted a CLE titled lesbian, gay, bisexual, not connected to “Legal Issues Facing LGBTQIA Youth education or employment, have been in Philadelphia” on March 28. Panelists through the criminal justice system or examined issues that are disproportion- are already parenting or pregnant. These ately affecting LGBTQIA youth includ- statistics confirm that the homeless youth ing housing insecurity, school harass- population is extremely vulnerable, and ment, negative interactions with school desperately in need of services, safety nets, Phoenix D. Tara by Photos Kristina A. Moon (left to right), Kae Greenberg, Whiquitta "Kee" Tobar and Lizzy police and best practices that should be resources and advocacy while transition- Wingfield at the Philadelphia Bar Association CLE on March 28. adhered to with clients who identify as ing into housing. LGBTQIA. Lizzy Wingfield, Stoneleigh Founda- Kristina A. Moon, staff attorney at tion Emerging Leader Fellow at the or assaulted verbally. This high statistic increased surveillance, harsher discipline, the Education Law Center Philadelphia, Education Law Center Philadelphia, is rendered despite a significant trend in more application of rules and policies or moderated and maintained a lively discus- addressed the problems LGBTQIA youth under-reporting incidents at school. outright discrimination using slurs or pat- sion about the needs of LGBTQIA youth. youth face in schools including harass- While students are struggling to find downs. This negative school environment Whiquitta “Kee” Tobar, Stoneleigh Foun- ment and negative interactions with justice from the bullies at school, stu- highlights the disproportionate injustices dation Emerging Leader Fellow at Com- school police. Nationally, 85 percent of dents who identify as LGBTQIA are also and oppression that LBTQIA children munity Legal Services of Philadelphia, LGBTQIA youth have been harassed being targeted by school police through face. continued on page 15

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12 Philadelphia Bar Reporter May 2018 PhiladelphiaBar.org Philadelphia Bar Association CLE - Free CLE for members in good standing Quality Expert Witnesses Via Reliability, Peer-Review

n By Khalil Bullock credibility and validity to ensure the quality of evidence. Expert witnesses play an important Federal Rule of Evidence 702 testi- role in trials and arbitrations especially in mony by a witness states that the ideal cases. The Philadelphia Bar Association expert witnesses is qualified and possesses hosted the first free CLE program of 2018 the knowledge, skill, experience, training titled “Tales From the Financial Services or education to testify in the form of an Trenches” on April 10. Paul Brahim, opinion. Brahm said that if the expert’s chairman and CEO of BPU Investment scientific or specialized knowledge will Management Inc., was the presenter. help the trier of fact understand the evi- Brahim referenced an array of cases to dence his or her opinion is welcomed. help understand the role of an expert According to Brahim, the role of an

witness. In each, he discussed the need for expert is to first listen to counsel and Rogers E. Thomas by Photos attorneys to listen to the expert for insight determine their stance on prospective Paul Brahim at the free Philadelphia Bar Association CLE on April 10. into their area of knowledge. cases. Expert witnesses should be able Lack of respect for the expert’s opinion to identify teachable moments when fiduciary evidence can be used as guidance side of the issue is arguing against. Experts has resulted in a loss for cases in the past, engaging with counsel to prepare and assist when constructing an expert report; one should know the arbitrator or judge said Brahim. He discussed Daubert v. the trier of fact in a way that is favor- of the many tasks of an expert witness. presenting the case, for preparation and Merrell Dow Pharmaceuticals as grounds able to their mutual client. The duty of Expert reports can be used as an audit research. Most importantly, experts should to introduce the concepts of reliability and loyalty and duty of care are two concepts to help understand the relevance of the be perceived as credible and reliable, said peer-reviewed methodology. He talked he included in his argument as important evidence. Brahim said the essential ele- Brahim, and should be able to effectively about the need for inclusion of scientific attributes of an expert witness. ments of an expert report should include a support their arguments. information and how a lack of methodol- Four steps expert witnesses should fol- summary of opinion in hopes of framing ogy led to the case being vacated. The low to successfully fulfill their legal duty the thinking around the facts. Khalil Bullock is the former communications concepts of reliability and peer-reviewed are to organize, formalize, implement and Expert witnesses should be able to intern at the Philadelphia Bar Association. methodology aim to establish a sense of monitor. Tools such as an assessment of understand and anticipate what the other

Pro bono spotlight - SeniorLAW Center Impact of Pro Bono: One Corporate Counsel’s Journey n By William J. Donohue unteer attorney on a range of issues, but I encompasses more than legal services and and worked directly with clients, as does have served the SLC as a board member involves more than attorneys. In what has PECO’s general counsel, to make it “all In 2001, I had a career transforma- and officer. I have had the pleasure of become an annual tradition, Exelon sub- hands in.” Together we have served more tive event – I became a volunteer attorney going to seniors’ homes to provide legal sidiary, PECO Energy Company, spon- than 500 of the most vulnerable older for SeniorLAW Center. Due to an help in person when they were too frail sors a bilingual “life planning” wills and Philadelphians. It has become a signature unexpected career transition, I suddenly to travel – and to share their life stories advance directives clinic in the commu- project for Exelon. found myself without the usual excuses and help resolve their problems, be it safe nity for Hispanic seniors in partnership In the end, however, it is the personal to perform pro bono legal work, most housing, a consumer scam or a family-law with SLC. Not only does PECO provide relationships with the clients that are notably the lack of time amid a hectic crisis. the attorneys, often assisted by colleagues the most meaningful aspect of pro bono corporate legal practice. During this time, I have witnessed at Blank Rome LLP, but interpreters legal service. Nothing in our careers can Following up on a reference from a the dramatic change in how corporate are drawn from members of PECO’s compare with representing a client in friend, I made a cold call to Karen Buck, legal departments have come to embrace Hispanic employee group, the Organiza- need, often vulnerable and desperate executive director of SLC, to volunteer pro bono service. I am proud to say that tion of Latinos at Exelon, or OLE’. In with nowhere else to turn for support. my services. Even though I had not done as an in-house attorney in Philadelphia addition, representatives from PECO’s As attorneys, we have the privilege of wills-and-estates work for many years, for Exelon, I have seen firsthand what it customer service Department are on hand being able to practice law. And there is no Karen assured me that I would receive means to be a corporate pro bono leader. to provide information about customer higher calling in our profession than pro the necessary training and mentorship at At Exelon, pro bono service is encouraged programs, for example, the Low-Income bono service. SLC to launch my pro bono legal career. and supported for all attorneys and legal Home Energy Assistance Program, or I still remember the day that my first And, she told me, there were many ways professionals – whether it is a one-day LIHEAP, sponsored by the Pennsylvania pro bono client introduced me, with great to serve. clinic or a complicated immigration case. Department of Human Services. We pride, as “my attorney.” What has followed over the last 17 In this regard, Exelon “walks the walk,” counsel them on how to prevent elder years has been an extraordinary personal demonstrating by example its pro bono financial exploitation, remain vigilant in William J. Donohue is the associate general journey, led by Karen, my pro bono men- expectations for outside counsel. their affairs, and help address other legal counsel of Exelon Corporation. tor, legal colleague and good friend. Not Exelon’s relationship with SLC has problems that may arise. Exelon general only have I counseled SLC clients as a vol- blossomed into a partnership that counsel has flown in for these events

PhiladelphiaBar.org May 2018 Philadelphia Bar Reporter 13 Judge Allen students to be committed to the law and to Day O’Connor presented the first award to Court Judge Phyllis W. Beck; Roberta D. continued from page 1 utilize it to understand and provide service U.S. District Court Senior Judge Norma Pichini of Feldman, Shepherd, Wohlgelern- Association’s Advancing Civics Education for those less fortunate,” said Hon. Sheila L. Shapiro. The award has since been ter, Tanner, Weinstock & Dodig; Lynn A. Committee. She also served for more than Woods-Skipper, President Judge of the presented to the late Juanita Kidd Stout, Marks, executive director of Pennsylvanians 10 years as co-chair of the Pennsylvania Philadelphia Court of Common Pleas. former justice of the Pennsylvania Supreme for Modern Courts; Roberta D. Liebenberg Conference of State Trial Judges Education Before rising to the bench, Judge Allen Court; Deborah R. Willig, first woman of Fine, Kaplan and Black, R.P.C.; JoAnne Committee, as a presenter and leader for the was a trial attorney representing Southeast- Chancellor of the Philadelphia Bar Associa- Epps, dean of Temple University Beasley New Judges Training Conference, and has ern Transportation Authority, Consolidated tion; Professor Marina Angel, of the Temple School of Law; Stephanie Resnick of Fox served as chair of the Scholarship Com- Rail Corporation and Corporation University Beasley School of Law faculty; Rothschild LLP; U.S. District Court Judge mittee of the Foundation of the National in personal injury and product performance Third Circuit Court of Appeals Judge Cynthia M. Rufe; former Chancellor Jane Bar Association Women Lawyers Division, litigation. She holds a bachelor’s degree, Dolores K. Sloviter (former Chief Judge); Leslie Dalton; Pennsylvania Superior Court Philadelphia Chapter. Outside of her life in cum laude, from Lincoln University; a mas- U.S. District Court Judge Anita B. Brody; Judge Anne E. Lazarus; Judge Sandra Mazer court, she has been a leader in the philan- ter’s degree from The Ohio State University; Leslie Anne Miller, first woman president Moss (ret.); Catherine C. Carr, former thropic efforts of the Presbyterian Commu- and a J.D. from Temple University Beasley of the Pennsylvania Bar Association; Lila executive director of Community Legal nity Ministries of the Delaware Valley. School of Law. G. Roomberg of Andrews Services of Philadelphia; Philadelphia Court “Judge Allen leads by example, with a The Women in the Profession Com- & Ingersoll, LLP; the late Judge Judith J. of Common Pleas Senior Judge Pamela strong work ethic and a ‘can do’ attitude mittee established the award in 1993 to Jamison; Ellen T. Greenlee, chief defender Pryor Dembe; and Carol E. Tracy, executive that will leave a lasting impression not only recognize the important contributions that of the Defender Association of Philadel- director of the Women’s Law Project. on our court system and Philadelphia, but women attorneys in Philadelphia have phia; former Chancellor Audrey C. Talley; across the state and the nation. She has made to the legal profession. That year, U.S. U.S. Court of Appeals Judge Marjorie O. inspired and motivated judges, lawyers and Supreme Court Associate Justice Sandra Rendell; former Pennsylvania Superior

Probate respect to both legislation and administra- CMTHS continued from page 1 tion in all matters within that field and to continued from page 6 along with diversity and inclusion. Hon. simplify and improve the application of Todd B. Seelig, Section judicial cochair, promote the objectives of the Association justice in that field. high-level academic integration within and Kaitlin Files, cochair of the Section’s within the field of probate and trust law, To view the full resolution and bylaws each program; and articulated career and Diversity and Inclusion Subcommittee, to educate practitioners in all areas of amendments, visit PhiladelphiaBar.org. post-secondary pathway options for all stu- were on hand for the donation presenta- practice concerning probate and trust law, dents. The Section believes this donation tion. to cooperate in attaining uniformity with is another example of its ongoing commit- ment of community outreach and service

WCAIS continuing issue with Yellow Freight is the New Tax Laws nature of the recent changes. Malone said, continued from page 9 substantive way the pleadings are drafted continued from page 10 “Every tax lawyer has been going out of and cited to a recent unpublished case, their mind since December and it is not one-and-only named motion with its own Ascencio v. Workers' Compensation Appeal which generally include law firms, the likely to change.” He told attendees to body of case law. Board (Dept. of Corrections), that held that QBI deduction is phased out and reduced calculate the tax impact from the changes Despite the implementation of “injury to heart” was too vague a descrip- to zero when taxable income reaches and fully consider all the costs and benefits WCAIS, Neil T. Dombrowski, of The tion to be deemed well pled. Joseph told $207,500 for individuals ($415,000 for before making any changes to their prac- Dombrowski Group, P.C., said that late attendees that she has described work couples). Only partners with incomes tices. answers are still often the result of using injuries on claim petitions as an “injury below these thresholds will benefit from the imprecise names and addresses on the to back including, but not limited to, QBI deduction. James C. Vandermark (vandermarkj@white- petitions that can cause delay. Joseph, disc herniation.” This language is narrow Finally, the presenters addressed the andwilliams.com) is an associate at White and who represents claimants, said that the enough to meaningfully articulate the new Pennsylvania requirement to with- Williams LLP. addresses of employers and insurers are nature of a work injury, but broad enough hold personal income tax from payments not always available in WCAIS. In denied not be hamstrung by the description. to non-employees. Beginning in 2018, claims, the addresses of employers and The panelists said that while WCAIS Pennsylvania requires withholding PIT The Philadelphia Bar Association, insurers may be listed in the system, but offers speed and another source of infor- from Pennsylvania-sourced income paid to founded in 1802, is the oldest this is only true in a minority of cases. mation, it does not change the organic non-residents. This will likely affect pay- As such, claimants’ attorneys still gather way humans draft and file documents, ments to out-of-state experts and landlords. association of lawyers in the addresses the old-fashioned way from pay mistakes and all. Significantly, Pennsylvania’s reciprocity with United States. stubs and information provided by the New Jersey only addresses employees, so it claimants. Leah Cilo ([email protected]), is an is not applicable. Additionally, Judge Olin said that a associate at Martin Law LLC. The presenters discussed the complicated

The Philadelphia Bar Association, founded in 1802, is the oldest COassoNciaNtionE oCf laTwye rWs in ItThe H US PHILADUnEitLedP StHateIsA. BAR.ORG

14 Philadelphia Bar Reporter May 2018 CONNECT WITH US PhiladelphiaBar.org The Philadelphia Bar Association, founded in 1802, is the oldest PHILADELPHIABAR.ORG association of lawyers in the United States.

CONNECT WITH US PHILADELPHIABAR.ORG Gifts prohibit public employees or officials from Foreclosures due to delinquent real estate taxes, a call continued from page 11 accepting gifts and hospitality (i.e. enter- continued from page 11 to the Department of Revenue and its gift is a payment, subscription, advance, tainment, lodging), the gift must be dis- taxpayer may defend themselves regarding counsel may be helpful in resolving mat- forbearance, rendering or deposit of closed, said Brian Jacisin, deputy executive payments and any possible mistakes in ters. They have a track record of being money, services or anything of value given director of the Pennsylvania State Ethics the matter, and even if a decree has been taxpayer-friendly. to, or for the benefit of, an officer or Commission. Whether a public employee entered, a taxpayer has until the day of the employee, unless consideration of equal sells their position for $9 million in gifts or sale to make payment on the delinquent Antarvir Kaur ([email protected]) or greater value is received. A gift shall not $2,000 in de minimis items, the State Eth- taxes. However, once a property has been is an intern in the City of Philadelphia Law include a political contribution otherwise ics Act can still be violated depending on sold at a sheriff sale, a tax payer has two Department. reportable as required by law, a commer- whether the gift poses a conflict of interest. remedies, a motion to set aside the sale or cially reasonable loan made in the ordinary While there are exceptions allowing a right-of-redemption. The taxpayer must course of business, or a gift received from receipt in certain circumstances, all public file the motion to set aside within three a family member of the individual or employees and officials are required to file months of the sheriff’s recorded acknowl- from a relative within the third degree of financial disclosure statements to report a edgment on the deed. For the right-of- consanguinity of the individual or of the gift. redemption, the taxpayer must file before individual's spouse or life partner, or from the sheriff acknowledges the deed for the spouse or life partner of any such rela- Jon-Michael Olson (Jon-Michael.Olson@ vacant property and has nine months to tive. Unlawful acceptance could result in Phila.gov) is an assistant city solicitor in the file for property they occupied up to 90 civil monetary penalties. City of Philadelphia Law Department. days prior to the date of the sale. While the State Ethics Act does not For anyone who is at risk of foreclosure

LGBTQIA Youth asking for name and pronoun preference, building trust be essential for the data collection process to avoid any continued from page 12 through respect and understanding, inquiring when and negative ramifications of improper data collection. Lastly, Kae Greenberg, assistant public defender with where their chosen pronoun and/or name is appropriate to the Defender Association of Philadelphia, addressed best use to maintain confidentiality and maintaining that those Julia O'Connor is the former public interest intern at the practices for youth clients who identify as LGBTQIA. in the courtroom understand the client’s wishes. Philadelphia Bar Association. Since LGBTQIA youth are disproportionately involved in The panelists also talked about the need for statistical the criminal justice system, it is necessary to understand data collection of information on LGBTQIA youth. Data and adhere to core cultural competence guidelines to give would help break down legal barriers through secured this population the dignity and respect they deserve in and funding, smarter policy, revitalized research and improved out of the courtroom. Some best practices include always services. However, the panelists added that training would

THE LEGAL DIRECTORY 2018

PHILADELPHIA | MONTGOMERY | DELAWARE | CHESTER | BUCKS

THE LEGAL DIRECTORY 2018

PHILADELPHIA | MONTGOMERY | DELAWARE | CHESTER | BUCKS

The official Directory of the Philadelphia Bar Association This trusted resource has been the #1 choice for attorneys, legal staff and businesses for over a century and is TheLegalDirectory.org available in three formats: print, online and mobile, to use when you’re “on-the-go.”

The 2018 Legal Directory has over 17,000 attorney listings and 1,600 law firm listings. It is conveniently indexed so you can effortlessly find what you’re looking for in the Philadelphia, Mongtomery, Delaware, Chester & Bucks County areas. Each listing is complete with name, full address, phone, fax and email.

Print & online bundle: $99.95

Sections include: – Alphabetical listings of attorneys and law firms – Federal, Pennsylvania and County Government – Index of attorneys/law firms by city/county, as Listings well asa index of attorneys – Associations, Organizations and Law Schools by area of concentration – Philadelphia Bar Association Brought to you by – Corporate Counsel listing Key Contacts – Judges Index – Products, Services and Experts the oldest association of lawyers in the United States & ORDER YOUR COPY Call 800-756-8993 the oldest law journal Visit www.lawcatalog.com/ld in the United States TODAY!

PhiladelphiaBar.org May 2018 Philadelphia Bar Reporter 15

THE LEGAL DIRECTORY 2018

PHILADELPHIA | MONTGOMERY | DELAWARE | CHESTER | BUCKS

THE LEGAL DIRECTORY 2018

PHILADELPHIA | MONTGOMERY | DELAWARE | CHESTER | BUCKS

The official Directory of the Philadelphia Bar Association This trusted resource has been the #1 choice for attorneys, legal staff and businesses for over a century and is TheLegalDirectory.org available in three formats: print, online and mobile, to use when you’re “on-the-go.”

The 2018 Legal Directory has over 17,000 attorney listings and 1,600 law firm listings. It is conveniently indexed so you can effortlessly find what you’re looking for in the Philadelphia, Mongtomery, Delaware, Chester & Bucks County areas. Each listing is complete with name, full address, phone, fax and email.

Print & online bundle: $99.95

Sections include: – Alphabetical listings of attorneys and law firms – Federal, Pennsylvania and County Government – Index of attorneys/law firms by city/county, as Listings well asa index of attorneys – Associations, Organizations and Law Schools by area of concentration – Philadelphia Bar Association Brought to you by – Corporate Counsel listing Key Contacts – Judges Index – Products, Services and Experts the oldest association of lawyers in the United States & ORDER YOUR COPY Call 800-756-8993 the oldest law journal Visit www.lawcatalog.com/ld in the United States TODAY! Criminal Justice Section

Pa. Rep. Joanna McClinton was the featured speaker at the Criminal Justice Section's meeting on March 22. She discussed proposed criminal justice legislation, including Clean Slate. She also talked about the Pennsylvania Sentencing Commission, including the status of a possible risk assessment tool for use at sentencing.

Left: Rep. Joanna McClinton (right) with Susan Lin, cochair, Criminal Justice Section, at the Section's meeting on March 22 Photo by Thomas E. Rogers E. Thomas by Photo

James Forman Jr. Wins 2018 Pulitzer

James Forman Jr., plenary CLE speaker at the 2017 Bench-Bar & Annual Conference at Borgata in Atlantic City in October, was awarded a 2018 Pulitzer Prize in General Nonfiction for his book titled "Locking Up Our Own: Crime and Punishment in Black America." Forman's CLE program focused on the theme of his book, the criminal justice system in the U.S. and its often-devastating consequences for citizens and communities of color.

Right: James Forman Jr. (right) with Troy H. Wilson, Wilson Law Offices (left), and Thomas J. Innes III, Defender Association of Philadelphia, at the 2017 Bench-Bar & Annual Conference.

Save the date for the 2018 Bench-Bar and Annual Conference at Borgata on Oct. 12- 13. You never know who will be there! Photo by Thomas E. Rogers E. Thomas by Photo

PHILABENCHBAR.COM

BORGATA OCT. 12-13 ATLANTIC CITY SAVE THE DATE

16 Philadelphia Bar Reporter May 2018 PhiladelphiaBar.org PNC Perspectives Federal Spending Increases Boost Economic Growth in 2018

For this month’s interview, I sat By Mary E. Ashenbrenner down with Augustine (Gus) Faucher, Ph.D., chief economist, The PNC Finan- cial Services Group, to discuss his outlook for the U.S. economy. Mary Ashenbrenner (MA): What is your general outlook for economic growth in the United States? employment status, may limit the ability to change the nature Gus Faucher (GF): With strong sup- 120 types of U.S. imports in response, and of income. port from fiscal policy, U.S. economic the European Union has threatened higher This article is for general information purposes only and is not growth will accelerate in 2018 and remain tariffs on politically sensitive U.S. indus- intended to provide legal, tax, accounting or financial advice. strong into 2019. Corporate and personal tries if they are not exempted. Right now Individuals should consult their tax advisor to understand how income tax cuts were enacted in late 2017, the global economy is in good shape, with the recently enacted tax reform may affect them. The material presented in this article is of a general nature and and Congress raised spending caps in growth in 2018 to 2.8 percent, averaged almost all of the world’s major economies does not constitute the provision by PNC of investment, legal, February for fiscal years 2018 and 2019. across the four quarters of the year, and in expanding. Escalating trade restrictions tax, or accounting advice to any person, or a recommendation to buy or sell any security or adopt any investment strategy. However, one downside risk to the outlook 2019 to 2.9 percent. On a year-over-year could put the world expansion at risk. A Opinions expressed herein are subject to change without comes from trade. While the Trump basis inflation-adjusted growth will peak weaker U.S. dollar and solid global growth notice. The information was obtained from sources deemed reliable. Such information is not guaranteed as to its accuracy. administration’s new tariffs on steel and at 3.2 percent in the first quarter of 2019, are boosting U.S. exports, but an escalation You should seek the advice of an investment professional aluminum will have little impact on the before slowing as the impact of the tax of trade restrictions could quickly become to tailor a financial plan to your particular needs. For more information, please contact PNC at 1-888-762-6226. U.S. economy in and of themselves, the cuts and spending increases fades. Stronger a problem for U.S. exporters. This is not The PNC Financial Services Group, Inc. (“PNC”) uses the potential for larger trade disruptions looms economic growth will make the job market the most likely outcome, but is a concern. marketing names PNC Wealth Management® and Hawthorn, over the U.S. and global economies. even tighter, with the unemployment rate MA: What is happening with inflation? PNC Family Wealth® to provide investment, wealth management, and fiduciary services through its subsidiary, MA: How might the recent increase in projected to fall to a low of 3.5 percent in GF: Inflation is slowly picking up. PNC Bank, National Association (“PNC Bank”), which is a spending affect our budget deficit? 2019. This would be the lowest unemploy- Wage growth, although uneven, has accel- Member FDIC, and to provide specific fiduciary and agency services through its subsidiary, PNC Delaware Trust Company GF: In 2013, amid concerns about ment rate in about 50 years. erated in recent months as the tight job or PNC Ohio Trust Company. PNC also uses the marketing the budget deficit, President Obama MA: Do you foresee any impact on our market has forced employers to increase names PNC Institutional Asset Management®, PNC Retirement Solutions®, Vested Interest®, and PNC Institutional Advisory and Congress agreed to strict limits, or economic growth due to the recent import pay. Higher labor costs will spur firms to Solutions® for the various discretionary and non-discretionary spending caps, on defense and nondefense tariffs on steel and aluminum? raise prices. Inflation, as measured by the institutional investment activities conducted through PNC GF Bank and through PNC’s subsidiary PNC Capital Advisors, LLC, discretionary spending. However, many : Although the near-term baseline personal consumption expenditures price a registered investment adviser (“PNC Capital Advisors”). in Congress chafed at these limits, argu- outlook for the economy is very good, index, remains below the Federal Reserve’s Standalone custody, escrow, and directed trustee services; ing that they were making it difficult to downside risks to the forecast have grown 2 percent goal, but should move toward it FDIC-insured banking products and services; and lending of funds are also provided through PNC Bank. Securities products, adequately fund federal priorities. In Feb- with the Trump administration’s decision throughout 2018. This will lead the Fed- brokerage services, and managed account advisory services ruary, Congress voted to raise the caps on to impose import tariffs of 25 percent on eral Open Market Committee to gradually are offered by PNC Investments LLC, a registered broker-dealer and a registered investment adviser and member of FINRA discretionary spending for fiscal years 2018 steel and 10 percent on aluminum, citing raise short-term interest rates to prevent and SIPC. Insurance products may be provided through PNC and 2019. Defense spending will receive national security. The actual impact of the the economy from overheating. Insurance Services, LLC, a licensed insurance agency affiliate of PNC, or through licensed insurance agencies that are not a two-year boost of about $165 billion, tariffs on the economy will be very small. affiliated with PNC; in either case a licensed insurance affiliate and non-defense spending of about $130 Imports of steel and aluminum account Mary E. Ashenbrenner (mary.ashenbrenner@ may receive compensation if you choose to purchase insurance pnc.com or 215-585-1041) is a senior vice through these programs. A decision to purchase insurance will billion. Because there were no offsetting for only 0.2 percent of U.S. GDP, and not affect the cost or availability of other products or services spending cuts or tax increases, the federal domestic production of the two for just 0.5 president with PNC Wealth Management. from PNC or its affiliates. PNC does not provide legal, tax, government will fund the increased spend- percent of GDP. In addition, the Trump or accounting advice unless, with respect to tax advice, PNC Bank has entered into a written tax services agreement. PNC ing through borrowing, leading to larger administration has exempted Canada and The PNC Center for Financial Insight does not provide services in any jurisdiction in which it is not budget deficits. Mexico from the tariffs, and could exempt is PNC’s dedicated center of thought authorized to conduct business. PNC Bank is not registered as a municipal advisor under the Dodd-Frank Wall Street MA: Is that extra spending good for our other U.S. security partners, lessening their leadership that serves as a knowledge Reform and Consumer Protection Act (“Act”). Investment economy? impact. The tariffs will lead to higher costs resource for clients in conjunction management and related products and services provided to a “municipal entity” or “obligated person” regarding “proceeds GF: The increase in spending will and reduced demand for U.S. industries with their PNC advisors. Its purpose of municipal securities” (as such terms are defined in the Act) boost near-term economic growth. The that use steel and aluminum, including is to deliver relevant, actionable will be provided by PNC Capital Advisors. “PNC Wealth Management,” “Hawthorn, PNC Family Wealth,” federal government will be purchasing construction and vehicle manufacturing, strategies that support clients’ wealth “Vested Interest,” “PNC Institutional Asset Management,” more goods and services, adding to overall leading to a small net loss in domestic management objectives. “PNC Retirement Solutions,” and “PNC Institutional Advisory economic demand, without offsetting output. Solutions” are registered service marks of The PNC Financial 1Changes to the federal estate and gift tax exclusion amount Services Group, Inc. spending cuts or higher taxes that would MA: Will the tariffs have an impact on are set to expire in 2026. Prior to making a gift, you should Investments: Not FDIC Insured. No Bank Guarantee. May Lose reduce economic activity. This spending the global economy? consult your professional tax advisor. Under the new law, the Value. Treasury is called upon to prescribe regulations as may be Insurance: Not FDIC Insured. No Bank or Federal Government increase comes on top of deficit-financed GF: The larger concern is that the steel necessary or appropriate to clarify the implications as a result Guarantee. Not a Deposit. May Lose Value cuts to corporate and personal income and aluminum tariffs could spark a trade of differences between the basic exclusion amount in effect at the time of the decedent’s death and at the time of any gifts taxes that Congress passed at the end war, as other nations raise tariffs on U.S.- made by the decedent. of 2017. Fiscal policy will provide a big made goods in response, leading to further 2Careful consideration of existing requirements regarding near-term boost to growth, and in response back-and-forth responses. China has reasonable compensation should be involved in the decision- PNC has raised its forecast for real GDP already announced tariffs on more than making process. In addition, practical concerns, such as an employer prohibiting their employees from changing their

PhiladelphiaBar.org May 2018 Philadelphia Bar Reporter 17 QUick Bites: Rooster Soup Co.

Reboot Gets High-End Panache n By James Zwolak soups. No matter; quality trumps quantity mushroom “cheesesteak,” with here. They use leftover smoked chicken provolone, kale, shallots and  fat from its sister restaurant, Abe Fisher, dijonaise, was an acceptable as the binding agent for its sublime matzo veggie item, but also unmemo- The mini-empire run by chef- ball soup loved by my colleague, Megan. rable. extraordinaire Michael Solomonov Law firm taste-meister George inhaled However, Rooster Soup’s and his partner Steven Cook needs no his yummy roasted-cauliflower soup, red-meat and seafood plates assistance from food critics to bring in the garnished with shallots, peanuts and some totally plucked my bird. The masses, and I have reviewed their upstairs yummy “red stuff.” However, my col- beer-braised pork sandwich is falafel noshery, Goldie. But their casual league, Enrique, labeled Rooster’s sweet sourced from female-owned 1526 Sansom St. eatery, Rooster Soup potato coconut-curry soup “pedestrian.” nano-butcher Primal Supply Co., has just added itinerant chef George His buddy, Lauren, and I could not have Meats and the accompanying Sabatino to their stable. disagreed more. That soup’s tangy yellow black BBQ sauce, cabbage Photo by James Zwoalk Much has been written about the broth, dappled with crunchy black lentils slaw and jalapeno provided a restaurant and chef. Rooster Soup uses that I initially assumed were peppercorns, perfectly balanced kick. Colleague Dan’s We also sampled tastes of a smooth, the chicken bones from Federal Donuts as was simply excellent. precisely fried whitefish sandwich was dry blueberry cider from a new local the base for its soup stock, and it donates The salads and sandwiches are mod- similarly augmented by a funky boot of cidery, and their ample beer and cocktail 100 percent of its profits to the Broad est portions ranging from $10-$12, but fermented chili tartar sauce. Mary Kate, menu suggests a happy-hour visit in the Street Ministry. Sabatino was the eclectic Sabatino’s touches provide excellent the colleague who wrangled me this great near future. It will be interesting to see wunderkind who first achieved notoriety quality. Megan’s broccolini Caesar with Philadelphia Bar Reporter gig, relished how long the peripatetic Sabatino sticks at Stateside, bolted to serve the tanned, seven-minute egg, bacon and breadcrumbs her smoked-trout tartine, a slightly messy, around; so, get there soon. buzzed South Jersey elite at Morgan’s Pier, was initially peppery, but followed by incredibly fresh amalgam of crispy semo- then opened Aldine, the fine-dining estab- hints of salty anchovy. It received two lina toast, green-goddess dressing, fennel James Zwolak ([email protected]) is lishment. Multiple hungry city colleagues major thumbs-up from her. My colleague, and Fresno peppers. Enrique and I heartily a divisional deputy city solicitor in the City and I decided to consume virtually the Steve, enjoyed his soup, but said that his agreed that the Rooster Burger, with Jarls- of Philadelphia Law Department. entire menu in two separate visits. chicken schnitzel sandwich, fried and berg, mushrooms, onions and obscenely Our initial snarky comment was why served with tahina and pickled kohlrabi on delicious “everything sauce,” should be in Rooster Soup served only three actual a potato roll, was “meh.” I agreed. My local the “best burger in Philly” conversation. legal advisory update from usi affinity

Getting Involved in Your Bar– Where Can You Help?

Local bar associations are a lawyer’s professional practicing, you might be able to find an experienced law- For more information about defending malpractice community. While some see the American Bar Associa- yer willing to mentor you, or meet someone you’d like to allegations, contact Rich Balasa, senior professional liabil- tion (ABA) as focused on “Big Law,” local bar associations share your expertise with. Good mentors are invaluable for ity consultant at USI Affinity, today at (800) 265-2876 x should not necessarily be painted with the same broad lawyers to give and receive tips on how to overcome the 11444. brush. common pitfalls that new attorneys often face. For more information about insurance, visit the Philadelphia Bar Association Insurance Joining a local bar association and dedicating real time Exchange at www.usiaffinityex.com/PhiladelphiaBar. For Lawyers’ Professional Liabil- and effort to it can pay big dividends to lawyers. Here are Look for Pro Bono Work ity and other business coverage, you can continue to visit the regular Philadelphia Bar some of the best ways to become involved: Association Insurance Program website at www.mybarinsurance.com/PhiladelphiaBar. If you’d like to talk to someone about insurance and benefits options for Philadelphia Bar Nothing enhances the reputation of a lawyer and their Association members, call USI Affinity Benefit Specialists at 1-855-874-0267. Attend Meet and Greets to Develop Camaraderie firm more than performing pro bono work. Your local For over 75 years, the divisions of USI Affinity have developed, marketed and admin- bar association can be a great source of information about istered insurance and financial programs that offer affinity clients and their members Taking advantage of the many local bar association pro bono opportunities, which can help you gain relevant unique advantages in coverage, price and service. As the endorsed broker of the Phila- delphia Bar Association and more than 30 other state and local bar associations and functions should involve more than going out for a few experience in your practice area, allow you to get your feet with more than 30,000 attorneys insured, USI Affinity has the experience and know-how drinks or sampling some great appetizers – it will provide wet in another area of law if you are considering a switch, to navigate the marketplace and design the most comprehensive and innovative insur- you with the opportunity to network with dozens of attor- and create more opportunities for networking. ance and benefits packages to fit a firm’s individual needs. neys you might not have met otherwise. These relation- ships can enhance your reputation and lead to job offers, Being active in your local bar association can also give case referrals, and opportunities to help new clients. you valuable insight about the need for lawyers profes- sional liability (LPL) insurance. For information about Mentor (or be Mentored) what we offer, contact USI Affinity today, or visit www.mybarinsurance.com/PhiladelphiaBar. Local bar associations often have a section for new attorneys, and depending upon how long you’ve been

18 Philadelphia Bar Reporter May 2018 PhiladelphiaBar.org People

James T. Giles, of Sheila D. Vance, Law R. Barrett Marshall, staff attorney at sented on Medicare set-aside arrange- counsel to Blank Offices of Sheilah Community Legal Services of Phila- ments in workers’ compensation cases. Rome LLP, par- D. Vance, Esquire, delphia, was named one of the "Best ticipated on a panel spoke to Women LGBT Lawyers Under 40" by the Josh J.T. Byrne, titled “Best Prac- in Management at National LGBT Bar Association. partner at Swartz tices in Mediation: the Yale University Campbell LLC, Lessons from the School of Manage- Joshua Richards, has been appointed Masters” in Cherry ment on applying partner at Saul chair of the Pennsyl- Hill, New Jersey on March 14. the lessons of Title IX sexual harass- Ewing Arnstein & vania Bar Associa- ment prevention and enforcement to Lehr LLP, has been tion’s Professional Roberta the modern corporate environment on appointed to the Liability Commit- Liebenberg, partner March 26. Peirce College board tee. at Fine, Kaplan of trustees. and Black, received Henry Ian Pass, “People” highlights news of members’ the Hortense Ward owner of the Law Harris J. Chernow, awards, honors or appointments of a Courageous Leader Offices of Henry Ian partner at Reger community or civic nature. Email news to Award from the Pass, was recently Rizzo & Darnall Thomas E. Rogers, senior managing editor, Center for Women appointed to serve LLP, has been select- Philadelphia Bar Reporter, at trogers@ in Law at the University of Texas School on the board of ed as a 2018 "Legal PhilaBar.org. of Law in Austin, Texas on April 13. directors of Vesper Eagle" by Franchise Boat Club on Phila- Times Magazine. Reggie Shuford, delphia’s historic Boathouse Row. executive director of Joseph L. Ring, the American Civil Bella (Billie) Schnall, associate at Martin Liberties Union of partner at Green- Law LLC, was a fac- Pennsylvania, has blatt, Pierce, Funt ulty member of the been named one of and Flores, LLC, "Practical Course on The Advocate maga- was presented with Workers’ Compen- zine's 2018 "Icons, the “MVP of VIP” sation from A to Innovators, and Disruptors." award by Philadel- Z" by the National phia VIP. Business Institute held on March 2 in King of Prussia, Pennsylvania. Ring pre-

PhiladelphiaBar.org May 2018 Philadelphia Bar Reporter 19 SIDNEY L. GOLD & ASSOCIATES, P.C.

Philadelphia’s Employment Lawyers

FOR MORE THAN 30 YEARS, Sidney L. Gold & Associates, P.C. has dedicated its practice to the field of employment law and civil rights litigation. The firm’s attorneys take great pride in serving as both aggressive and compassionate advocates for victims of unlawful discrimination and harassment. As a result, the Martindale-Hubbell© Bar Register has certified Sidney L. Gold & Associates as a pre-eminent law firm in the field of labor and employment law. More than 4,500 lawyers throughout Pennsylvania and New Jersey look to SidneySIDNEY L. Gold & Associates L. to refer GOLD their clients. & ASSOCIATES, P.C. SIDNEY L. GOLD & ASSOCIATES, P.C.

With a team approach, the firm’sBill attorneys Rieser represent clients in all aspects of employment lawJamie litigation, L. Ford including all forms of workplace discrimination, sexual harassment, wrongful termination, retaliation, whistleblower, employment contract, wage and hour, and Family and Medical Leave Act claims. A boutique practice with a small-firm atmosphere, Sidney L. Gold & Associates provides personal attention to its clients, who, at the same time, benefit from the experience and expertise of the entire team.

Sidney L. Gold & Associates is proud of its skilled attorneys and is honored by the recognition Super Lawyers© has bestowed upon this Sidney L. Gold Traci M. Greenberg

Aarthi Manohar year’s recipients. Neelima Vanguri Joan Gold Client Intake Coordinator

Philadelphia’s Employment Lawyers Philadelphia’s Employment Lawyers Philadelphia’s Employment Lawyers FOR MORE THAN 30 YEARS, Sidney L. Gold & Associates, P.C. has dedicated its practice to the field of employment law and civil rightsFOR MORE litigation. THAN The 30 firm’s YEARS attorneys, Sidney L.take Gold great & Associates, pride in serving P.C. has as dedicated both aggressive its practice and tocompassionate the field of employmentadvocates for law victims and civil of FORunlawfulrights MORE litigation. discrimination THAN The 30 firm’s YEARSand harassment. attorneys, Sidney L.take As Gold a result,great & Associates, pridethe Martindale-Hubbell in serving P.C. has as dedicated both© Baraggressive Registerits practice and has to compassionatecertified the field Sidney of employmentadvocates L. Gold & for lawAssociates victims and civil asof © arightsunlawful pre-eminent litigation. discrimination law The firm firm’s andin the harassment. attorneys field of labortake As a result,greatand employment pridethe Martindale-Hubbell in serving law. asMore both than Baraggressive 4,500 Register lawyers and has throughoutcompassionatecertified Sidney Pennsylvania advocates L. Gold &and forAssociates victimsNew Jersey asof lookaunlawful pre-eminent to Sidney discrimination lawL. Gold firm & andin Associates the harassment. field toof referlabor As atheir result,and clients. employment the Martindale-Hubbell law. More than© Bar 4,500 Register lawyers has throughoutcertified Sidney Pennsylvania L. Gold &and Associates New Jersey as a look pre-eminent to Sidney lawL. Gold firm & in Associates the field toof referlabor their and clients. employment law. More than 4,500 lawyers throughout Pennsylvania and New Jersey lookWith toa team Sidney approach, L. Gold &the Associates firm’s attorneys to refer represent theirSIDNEY clients. clients L. GOLD in all &aspects ASSOCIATES, of employment P.C. law litigation, including all forms of workplace discrimination,With a team approach, sexual harassment, the firm’s attorneys wrongful represent termination, clients retaliation, in all aspects whistleblower, of employment employment law litigation, contract, including wage andall forms hour, ofand workplace Family Withanddiscrimination, Medical a team approach, Leave sexual Act harassment, the claims. firm’s A attorneys boutiquewrongful represent termination,practice clientswith retaliation, a in small-firm all aspects whistleblower, atmosphere,of employment employment Sidney law litigation, L. contract,Gold including& Associates wage andall forms provideshour, ofand workplacepersonal Family discrimination,attentionand Medical to its Leave clients,sexual Act harassment,who, claims. at the A sameboutiquewrongful time, termination,practice benefit with from retaliation, a the small-firm experience whistleblower, atmosphere, and expertise employment Sidney of the L. contract,entireGold team.& Associates wage and provideshour, and personal Family and attention Medical to its Leave clients, Act who, claims. at the A sameboutique time, practice benefit1835 with from Market a the small-firm experience St., Suite atmosphere, and 515 expertise Sidney of the L. entireGold team.& Associates provides personal attentionSidney L. Goldto its &clients, Associates who, atis proudthe same of its time, skilled benefit attorneys from and the isexperience honored by and the expertise recognition of the Super entire Lawyers team. © has bestowed upon this © year’s Sidney recipients. L. Gold & Associates is proud of its skilled attorneys and is honored by the recognition Super Lawyers has bestowed upon this year’sSidney recipients. L. Gold & Associates is proud of its skilled attorneys and is honored by the recognition Super Lawyers© has bestowed upon this year’s recipients. Philadelphia, PA 19103 SIDNEY L. GOLD & ASSOCIATES, P.C. SIDNEY1835 L. GOLDMarket & St., ASSOCIATES, Suite 515 P.C. Ph:SIDNEY (215)1835 569-1999Philadelphia, L. GOLDMarket &• St., ASSOCIATES,Fax: PA Suite 19103 (215) 515 569-3870 P.C. Ph: (215)1835 569-1999Philadelphia, Market • St., Fax: PA Suite 19103 (215) 515 569-3870 Ph: (215) 569-1999Philadelphia,www.discrimlaw.net • Fax: PA 19103 (215) 569-3870 Ph: (215) 569-1999www.discrimlaw.net • Fax: (215) 569-3870 www.discrimlaw.net

20 Philadelphia Bar Reporter May 2018 PhiladelphiaBar.org