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June 2005 The Monthly Newspaper of the Philadelphia Bar Association Vol. 34, No. 6 700 Runners, Walkers Boost Charity Run Specter to Address Members June 20 by Jeff Lyons

Arlen Specter, Pennsylvania’s senior U.S. senator and chair of the Senate Judiciary Commit- tee, will receive the Association’s Bar Medal and deliver the keynote address Specter at the Association’s Monday, June 20 Quarterly Meeting and Luncheon at noon at Loews Philadelphia Hotel, 1200 Market St. “We are very pleased to be able to welcome Sen. Specter and recognize his Photo by Jeff Lyons Stuart Calderwood (439, without shirt) leads a pack of runners along West River Drive during the Association’s 26th Annual Charity Run service to the state and the nation,” and Walk. Calderwood won the race. See Page 10 for more on the May 15 event and visit philadelphiabar.org for complete race results. Chancellor Andrew A. Chirls said. “Esp- ecially now, at a time when judicial selection and judicial independence are very much on everyone’s mind, we Failed Judicial Selection System Needs Change think it’s most appropriate to hear from someone who has a key role in the by Andrew A. Chirls didates forking over as much as $35,000 selection process.” to the Democratic City Committee? Sen. Specter was born to immigrant Now that the primary election is FRONTLINE This is the judicial electoral system as parents in Wichita, Kan., and grew up behind us, it’s obvious that anyone pay- it now functions in Philadelphia. in the small town of Russell, Kan. He ing attention to the way judges are cho- Obviously, we need a new non-elec- was first elected to the Senate in 1980 sen in Philadelphia is bound to come tive system for choosing judges — one continued on page 18 away with a host of strong feelings, all that isn’t beholden to cronyism, election pretty much negative. day “street money” and the “what-have- The words that immediately come to you-done-for-me-lately?” mentality that In This Issue ... mind are: outrageous, disgraceful, piti- too often passes for civic involvement ful, obscene. And those are the milder in Philadelphia. 5 Appellate Courts terms. But a new merit selection system will How else to react to a system that take years to accomplish. The state leg- 10 Bar Foundation Golf openly courts convicted felons as elec- judicial candidates handing ward lead- islature must enact a constitutional 11 Bench-Bar Preview toral advisors? That measures the wor- ers envelopes containing checks for amendment proposal. The proposal thiness of judicial candidates by how $1,000 or $2,000 in return for possible must be passed in two successive ses- 19 VIP Honors well they can sing karaoke? That has endorsements, and party-endorsed can- continued on page 9

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PHILADELPHIA 2 JUNE 2005 / BAR REPORTER Bar Leadership: A Chance to Give Back to the Profession by Gabriel L.I. Bevilacqua prisoned and those who are discrimi- nated against. There is a deadline that I strongly Nominating Committee Formed You will take a hands-on role in encourage you to mark on your calen- The Nominating Committee of the Friday, Oct. 14, 2005, at 4 p.m. ensuring that the Association fulfills its dar. Philadelphia Bar Association has Offices for which candidates are mission to promote justice, profession- The deadline is Thursday, Oct. 6. On been formed. Committee members being solicited are vice chancellor, al excellence and respect for the rule of that day, the Association will compile are Gabriel L.I. Bevilacqua (Chair), secretary, assistant secretary, treasurer, law. You will gain personal and profes- materials submitted by dedicated Kimberly A. Boyer, Jeffrey Campol- assistant treasurer and five seats on sional satisfaction knowing that your members of our Association who are ongo, Andrew A. Chirls, Jane L. Dal- the Board of Governors, three of contributions have added to the luster making an important commitment to ton, Albert S. Dandridge, Patricia A. which are to be nominated by the of the Philadelphia legal community, their bar association by declaring their Dubin, Alan M. Feldman, Rudolph Nominating Committee. Each Board and upheld its standard of excellence intention to run for an elected leader- Garcia, Michael M. Goss, Michael B. seat carries a three-year term. on a national and international level. ship position in the Association. Hayes, Marla A. Joseph, Sayde J. La- Individuals who wish to be con- Of course, Bar leadership provides There is no need to wait until Oct. 6, dov, Marsha Levick, Barbara A. Mas- sidered for any of the above offices an opportunity to advance your pro- however. Now is the ideal time to be- on, W. Michael Mulvey, Joseph E. Ro- should submit a resume of their fessional development in other ways. gin thinking about taking your com- nan, Melissa Schwartz, Elizabeth D. background and indicate the position You’ll interact with people who can mitment to the profession to a new Shevlin, Audrey C. Talley, Lisa Wash- for which they wish to run. help you grow your practice and thrive and exciting level by pursing a posi- ington and Deborah Weinstein. Materials should be submitted to in your profession. tion as an officer or Board member of Association Secretary John E. the Chair of the Nominating At the Philadelphia Bar Association, America’s oldest chartered metropoli- Savoth serves as a non-voting mem- Committee, Gabriel L.I. Bevilacqua, each year there exists the opportunity tan bar association. ber of the committee. c/o Susan Knight, Philadelphia Bar to elect five new Board members and Involvement in the Philadelphia The committee has scheduled Association, 1101 Market St., 11th fill vacancies in row offices. For more Bar Association provides a wealth of dates for its next meetings. They are Floor, Philadelphia, Pa. 19107-2911, no information on how you can become opportunities to “give back” to the pro- Thursday, Sept. 8, 2005, at 12 p.m.; later than 5 p.m., Thursday, Oct. 6, involved, see the Nominating fession. Members play a vital role in Thursday, Oct. 13, 2005, at 4 p.m., and 2005. Committee notice above. advancing the development of the law Gabriel L.I. Bevilacqua, a partner at Saul Ewing LLP, is and improving access to justice, the quality of the profession. islative and administrative leaders and chair of the Nominating Committee and Immediate-Past exchanging information and promot- As a Bar leader, you’ll also have the other constituents of the bar to Chancellor of the Philadelphia Bar Association. ing continuing education. unique opportunity to listen to the advance improvements in applicable As an elected leader of the Associa- many diverse voices of your profes- laws, practices and procedures. tion, you are able to take that commit- sional community and help adopt Your vote, or reasoned voice, also ment even further by lending your ways to improve and advance the sys- can make a critical difference in the voice to the development and imple- tem for the benefit of all. You’ll gain a broader community through the effec- mentation of positive – even ground- valuable perspective on the current tive delivery of legal services to those Editor-in-Chief breaking – policies and initiatives that operations and initiatives of our bench who are most in need – including chil- Molly Peckman, Esq. will have a vital, sustained impact on and Bar and interact with judicial, leg- dren, the elderly, the wrongfully im- Associate Editors Sunah Park, Esq. Lawrence S. Felzer, Esq. Heather J. Holloway, Esq. Federal Bench-Bar Conference June 10 Stacey Z. Jumper, Esq. by Jeff Lyons District Court Judges Eduardo C. Rob- Asima Panigrahi, Esq. Golf Reservations reno and Stewart L. Dalzell along with Tee times are available following the Fed- Contributing Editor The Association’s Federal Courts attorneys Joseph C. Kohn, Barbara Richard Max Bockol, Esq. Committee and the Pennsylvania Bar eral Bench-Bar Conference for an addit- Mather, Kenneth Trujillo and Ellen Institute will present the annual ional charge. Contact Stephanie Krzywan- Meriwether. Advisory Editors Federal Bench-Bar Conference on ski at [email protected] or at Assistant U.S. Attorney Robert A. Bruce H. Bikin, Esq. Merih O. Erhan, Esq. Friday, June 10 at Ashbourne Country (215) 238-6360 for more information. Zauzmer and David L. McColgin of the Marc W. Reuben, Esq. Club in Cheltenham, Pa. Defender Association of Philadelphia - The conference, which features 3 Courtroom: Electronic Discovery and Federal Division will discuss “The Director of Publications and New Media Mark A. Tarasiewicz substantive CLE credits, begins with Evidence” with panelists Elizabeth K. Impact of the Supreme Court’s Recent registration and breakfast at 7:45 a.m. Ainslie, Larry Turner and Dorothy P. Decisions on the Future of the Federal Managing Editor Jeff Lyons and concludes at 11:55 a.m. with a Watson and U.S. District Court Judges Sentencing Guidelines: Comments reception and luncheon. Anita B. Brody and Gene E.K. Pratter. From the Prosecution and Defense” Copy Editor The program begins with remarks Bizar will chair the second panel during the third session. Kate Maxwell from Federal Courts Committee Chair “Rule 23: Recent Developments and The final session will feature a dis- Associate Executive Director Abbe F. Fletman, Committee Vice Chair Changes (Arbitrability of Class Actions, cussion of hot topics and recent devel- for Communications and Public Policy and conference planner Steven E. Bizar the Impact of Amchem, Rule 23 Am- opments. “Are the Federal Courts More Daniel A. Cirucci and U.S. District Court Chief Judge endments, and the 2005 Class Action Efficient at Resolving Disputes Than Executive Director James T. Giles. Fairness Act).” Panelists include U.S. continued on page 9 Kenneth Shear “Each of the issues we’ve decided to The Philadelphia Bar Reporter (ISSN 1098-5352) is published monthly and available by subscription for address is current. The people we’ve $45 per year by the Philadelphia Bar Association, 1101 asked to participate on the panels are Market St., 11th fl., Philadelphia, Pa. 19107-2911. Tell Us What You Think! Periodicals postage paid at Philadelphia, Pa. POST- leading lawyers and judges who have The Philadelphia Bar Reporter welcomes letters to the editors for publication. MASTER: Send address changes to Philadelphia Bar insights to share with the people who Reporter, c/o Philadelphia Bar Association, 1101 Letters should be typed. There is no word limit, but editors reserve the right to Market St., 11 fl., Philadelphia, Pa. 19107-2911. attend,” he said. “And you get three Telephone: (215) 238-6300. Association Web site: condense for clarity, style and space considerations. Letters must be signed to substantive credits for learning and www.philadelphiabar.org. Newspaper e-mail address: verify authorship, but names will be withheld upon request. Letters may be [email protected]. The editorial and other views- socializing,” Bizar said. expressed in the Philadelphia Bar Reporter are not nec- mailed, faxed or e-mailed to: Jeff Lyons, Managing Editor, Philadelphia Bar Reporter, essarily those of the Association, its officers, or its Former Committee Chair Howard D. Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. 19107- members. Advertising rates and information are able Scher will chair the first program, “The from Media Two, 22 W. Pennsylvania Ave, Suite 305, 2911. Phone: (215) 238-6345. Fax: (215) 238-1267. E-mail: [email protected]. Towson, Md., 21204. Telephone: (410) 828-0120. E-Trail from the Boardroom to the

Visit the Philadelphia Bar on the Web at www.philadelphiabar.org • Look for Bar Reporter Online e-newsbrief every Monday morning

PHILADELPHIA BAR REPORTER / JUNE 2005 3 State Civil Litigation Section Judicial Team Leaders Discuss Procedures by Heather J. Holloway manage administratively, Judge New said that there are not a sufficient Judicial team leaders from the number of available judges for date- Philadelphia Court of Common Pleas certain assignments. spoke on the status of their teams and Judge New’s cases are currently in a the impact of their caseload on their pre-trial mode. He attends pre-trial individual procedures at the State Civil conferences four days a week, each Section’s May 4 meeting. scheduled in 20 to 30 minute intervals. Panelists included Judges Allan L. He said his schedule does not permit Tereshko (2002 team leader), Sandra settlement efforts. If counsel desire a Mazer Moss (2003 and pre-2002 team settlement conference, they should leader), Arnold L. New (2004 team lea- write to request one and it will be der) and Jacqueline F. Allen (2005 team scheduled before Judge New or a judge leader). Judge William J. Manfredi, ad- pro tem. He also said that if counsel ministrative judge for the civil division, receive a call from his chambers for a provided a history of the team pro- settlement conference they should ad-

gram, which began in 1992 with 46,000 Photo by Jeff Lyons vise if the case is not likely to be set- active cases, each taking about seven Philadelphia Court of Common Pleas Judges (seated from left) Sandra Mazer Moss, tled so that the conference may be years to get to trial. Now, the most Jacqueline F. Allen, Arnold L. New and (standing from left) Allan L. Tereshko are joined by cancelled. complex cases come to trial within less State Civil Litigation Section Co-Chair Ronald A. Kovler, Judge William J. Manfredi and Judge Moss and Judge Allen said than 30 months. The forum provided Section Co-Chair Rudolph Garcia at the Section’s May 4 meeting. they lead their teams in similar fash- those in attendance with an opportu- active and deferred cases. The reduced scheduling and administrative issues. ion. Their caseloads and management nity to hear the preferences of the team caseload allows Judge Tereshko to care- By way of contrast, the approximat- styles allow each to become more in- leaders. Judge Allen said that much of fully review the active remaining cases, ely 3,250 cases of the 2004 team prev- volved in the settlement discussions the information is already available in which are now in pre-trial and trial ent Judge New from becoming intim- and disputes. Both Judge Moss and written format within the 2003 and mode. He is also examining all defer- ately involved in each case. For exam- Judge Allen said they will discuss set- 2004 editions of Civil Administration at a red cases to determine if they can be ple, the size of his team’s caseload at tlement at the pretrial. Judge Moss Glance. The 2005 edition will be avail- listed for trial or otherwise disposed. this time prevents Judge New from advised that counsel with the most able shortly. Judge Tereshko becomes involved in granting requests for specific trial knowledge of the case (not necessarily Judge Tereshko’s team is winding each case before assigning it to a mem- dates. Although he explained that a trial counsel) should appear for the down and includes approximately 300 ber of his team, in order to resolve date-certain trial is easier for him to continued on page 16

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PHILADELPHIA 4 JUNE 2005 / BAR REPORTER Appellate Courts Committee

Justice Newman Touts Pennsylvania Supreme Court Justice Sandra Schultz Newman and Appellate Courts Virtues of Mediation Committee Chair Charles L. Becker meet before the by Sunah Park published opinions versus memoran- Committee’s May 11 meeting. dum opinions and revealed that You won’t find a bigger fan of medi- although she appreciates the tone of ation than Pennsylvania Supreme briefs to be adversarial, it should not

Court Justice Sandra Schultz Newman. continued on page 15 Photo by Jeff Lyons “I am for mediation in every single area - trial courts and appellate courts,” she told members of the Association’s Appellate Courts Committee at their May 11 meeting. Justice Newman said that when she was a litigator, she participated in the Superior Court’s now-defunct mediation program then run by Judge Hoff- man, and recalled that it was a very We Are Pleased to Announce That successful program. “We settled a lot of cases,” she said. Justice Newman said medical malpractice, personal injury and matrimo- nial cases lend themselves especially DAVID W. MARSTON well to mediation. Justice Newman, a member of the board of Drexel Univer- Mr. Marston, a Harvard Law School graduate and corporate attorney, served as the United States Attorney for sity, has seen first-hand the “phenomenal results” of Drexel’s mediation pro- the Eastern District of Pennsylvania appointed by President Ford. He has authored books on the FBI and the gram. Because the actual parties participate and claimants get to confront the legal profession, and regularly writes for various publications. doctors, people feel like they get their “day in court” at the mediations. Altho- ugh she supports mediation at the trial Will Join Our Own and appellate level, Justice Newman said she believes a greater degree of candor occurs in appellate mediation since all of the issues have been clari- IMOTHY USANIN fied at trial. She specifically identified T S. S the Commonwealth Court’s mediation program as an example of a successful Mr. Susanin is a graduate of Villanova University School of Law and Franklin & Marshall College and a appellate mediation program. Director in Gibbons’ Business & Commercial Litigation Department. He previously served as an Assistant Although the Supreme Court does not have a say in whether the Superior United States Attorney in the Eastern District of Pennsylvania and the District of Columbia and was also Court can or should have a mediation program, Justice Newman expressed detailed to the Office of Independent Counsel (Whitewater). her intent to discuss the feasibility of starting a mediation program with the president judge of the intermediate ap- To Lead Our New Philadelphia Office. pellate court. Justice Newman said she is so “mediation-oriented,” she con- fessed that she would explore any ave- The office is located at nue to get it going. She has even published a law review article on the topic ONE LOGAN SQUARE and a copy of the article “Appellate Mediation in Pennsylvania: Looking PHILADELPHIA, PA 19103 Back at the History and Forward to the Future,” published in The Journal of Appel- late Practice and Process Vol. 5, No. 2 (Fall 20- 03), was distributed to all who attended the luncheon. GIBBONS, DEL DEO, DOLAN, Justice Newman also spoke of RIFFINGER ECCHIONE appellate practice, generally, and her G &V A PROFESSIONAL CORPORATION views from the bench. In no uncertain terms, she stressed the paramount ATTORNEYS ATLAW importance of the brief. “The pen is mightier than the sword … I can’t NEWARK • NEW YORK • TRENTON • PHILADELPHIA emphasize that enough,” she said. She has seen all types of briefs, from the www.gibbonslaw.com phenomenal to the truly poor. She relayed her preference for citations to

PHILADELPHIA BAR REPORTER / JUNE 2005 5 YLD UPDATE YLD Auction Benefits Bar Foundation

Mentoring Photos by Genna Viozzi Can Break Sabrina Sacks (at left, from left) and YLD Executive Committee member Lisa Getson examine some of the items available in a silent auction at the YLD’s Spring Glass Ceiling Fling & Auction on May 11. Scott Sigman (above) cele- brates his winning bid. More than 170 people attended by Natalie Klyashtorny the event at Loews Philadelphia Hotel, which raised more than $7,000 for the Philadelphia Bar Foundation. The Pennsylvania Bar Association’s Commission on Women in the Profes- sion recently released its 11th Annual University’s Beasley School of Law. Now, two-career families are the norm. remains male-dominated and strongly “Report Card” on female achievement Angel was adamant that women’s The financial realities of modern life affected by the “male as sole breadwin- within the profession. The statistics are underrepresentation in positions of make the two-career/two-income fam- ner” psychological model of yesteryear. sobering, to say the least. At a time leadership was no coincidence, but the ily a necessity, not a choice. Yet, when Like attracts like, and young male asso- when women comprise at least 50 per- result of a campaign to minimize it comes to day care and part-time ciates, at least in many circumstances, cent of law school graduates, they are women. Her presentation was followed options, most female attorneys are left seem to have an easier time bonding still overwhelmingly underrepresented by a lively discussion during which to fend for themselves and are then with male partners who have the pow- in positions of power. In a survey of one Philadelphia Court of Common forced into career choices that limit er to promote them. the 100 largest law firms in Pennsyl- Pleas judge decried the low number of their advancement. Though I am sure it will be contro- vania, women comprise 44 percent of female litigators she sees in her court- The culture at most firms also continued on page 15 all associates, a figure that would seem room. According to the judge, the accurate in light of the 50 percent women that she usually sees are there graduation rate. At advanced positions, to assist male lawyers. The woman sit- however, the percentage of women ting next to me, a partner at a major begins to decrease. Women comprise law firm, said that young female only 18 percent of partners, 17 percent lawyers at her firm do not seem to of equity partners, 24 percent of prac- want partnership. Professor Angel’s tice group and department heads, and response was that it was not surprising 16 percent of managing partners. that a lot of women would not want Taking these figures into considera- partnership when the barriers are tion, retention of women clearly being continuously set higher and remains an area in which the legal higher. profession lags behind. What is the As I ponder the issue of the alleged cause of this problem and what can we glass ceiling, I think several factors do to solve it, or at least, to help allevi- remain at play. The legal profession ate it? I recently attended a meeting of continues to function as if the single- the Women’s Rights Committee that wage-earner family still predominates. featured the Report Card’s author, Twenty or 30 years ago, in most cases, Professor Marina Angel of Temple male attorneys were the sole bread- winners and had stay-at-home wives. Because we believe that, once Bored with the same CLE classes? Give this a shot. you try our high-tech, all-around, full-service company, you will 1-day ACCREDITED workshop come to rely on us again and Earn 7 CLE Credits! again, we are offering free Proven acting techniques perfect performance! process serving for 30 days to all qualifying new clients. Call or visit our website today for further ACTING FOR ATTORNEYS information. *Applies only to local serves and only at the Wilma Theater Studio School to local Philadelphia County attorneys.

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PHILADELPHIA 6 JUNE 2005 / BAR REPORTER YLD Reaches Out with Law Week Events

Philadelphia Phillies vice president Michael Stiles models an apron from Bull’s BBQ at Citizens Bank Park during the Lawyer for a Day event on May 6. Stiles, a YLD Executive Committee member John Papianou and Jessica Richman offer legal advice at the YLD’s Law Fair at The former U.S. attorney, discussed his experiences as a Gallery at Market East on May 4. judge, district attorney and baseball executive.

Villanova University men’s basketball coach Jay Wright (left) and Philadelphia Chancellor-Elect Alan M. Feldman addresses new citizens at a naturalization ceremony at Mayor John F. Street address jurors at Juror Appreciation Day ceremonies on May the U.S. Courthouse on May 2. More than 75 people from 27 different nations took the oath 4 at the Criminal Justice Center. of citizenship at the event. Photos by Jeff Lyons Past Chancellor Edward F. Chacker and YLD Chair Natalie Klyashtorny greet essay con- Sheryl A. Axelrod, a former member of the YLD Executive Committee, talks to students at test winner Raymond Lim (left) on May 6. As winner of the Edward F. Chacker Essay the High School for the Creative and Performing Arts as part of the Lawyer in the Classroom Contest, Lim received a $1,000 college scholarship. Program on May 5.

PHILADELPHIA BAR REPORTER / JUNE 2005 7 Commerce Court Judges Offer Practice Tips, Advice

By Stacey Z. Jumper appeared before members of the Business Litigation Committee on May Business litigators in Philadelphia 3 to provide insight into practicing

County have the advantage of having before the Commerce Court from a Photo by Jeff Lyons Business Litigation Committee Chair Lee Applebaum (from left) meets with Judges C. their cases heard by judges who have judge’s perspective. They offered prac- Darnell Jones II, Howland W. Abramson, William J. Manfredi and Albert W. Sheppard Jr. focused their attention solely on busi- tice tips to counsel and reminded them before the Committee’s May 3 meeting. ness-related issues in the Commerce about simple procedural issues, such as Program of the Court of Common Pleas always submitting a Rule to Show issued by the Court of Common Pleas counsel should not expect that filing of Philadelphia County. Cause with petitions or making sure sets forth a list of the 10 specialized preliminary objections will stay a case. Judges Howland W. Abramson, C. that pre-trial memoranda are filed be- areas for Commerce Program cases. “If you believe pendency of prelimi- Darnell Jones II and Albert W. Shep- fore the pre-trial conference so that the Additionally, this Administrative Dock- nary objections warrant a stay of the pard Jr., strive to provide litigants with judge has an opportunity to review it. et 02 of 2003 sets forth the protocols case, ask for one,” he said. Judge an arena in which to try even the most The judges in the Commerce Pro- that apply to all cases within the Com- Abramson also noted that if you wish complex commercial matters in an gram hear a wide variety of business merce Program. While the Commerce to file a reply or sur-reply in a matter, expedited fashion. It appears they are and commercial matters, ranging from Program was designed to hear disputes you must first receive permission from succeeding. In the Commerce Program, disputes between or among business between businesses, the judges may the judge. Judge Sheppard requested instituted in 2000, one judge follows enterprises relating to transactions, accept a case between individuals and that attorneys refrain from litigating by each case from beginning to end and business relationships or contracts; to corporations if there are business iss- letters and Judge Jones also prompted the average time period for resolution declaratory judgment actions brought ues at stake. These cases are evaluated counsel to remove any information of a commerce case is approximately by insurers as well as coverage and on a case-by-case basis. regarding their law firm from proposed 24 to 30 months. bad faith actions brought by insureds The judges also provided insight orders. Judges Abramson, Jones and involving business or commercial into what they expect from counsel Sheppard, along with Supervising Civil insurance policies. Section B(2) of the practicing in the Commerce Court. In particular, Judge Abramson noted that Stacey Z. Jumper, an associate at Post & Schell, P.C., is an Division Judge William J. Manfredi, Administrative Docket 02 of 2003 associate editor of the Philadelphia Bar Reporter.

Equality Forum Volunteers Thanked Chancellor Andrew A. Chirls More than 25 attorneys answered attempted to incite a disturbance. No received the Equality Forum the Philadelphia Bar Association’s call violations or disturbances occurred. Distinguished Service Award rec- by serving as volunteer monitors for “We are grateful that the Bar Assoc- ognizing his contributions to the the Equality Forum National Celebra- iation’s attorneys helped provide for a gay, lesbian, bisexual and trans- tion of the 40th anniversary of the gay, historic and festive celebration,” said gender community on April 25 at lesbian, bisexual and transgender civil Malcolm Lazin, executive director of the Prince Music Theater. rights movement at Independence Hall Equality Forum. Pictured with Chirls are Malcolm on May 1. The recruitment effort was orga- Lazin (left), Equality Forum exec- “Philadelphians are proud that the nized by Kevin P. Ray of Duane Morris utive director, and Joe Farrell, first organized and annual gay and les- LLP, Equality Forum’s treasurer. Attorn- chair of the Equality Forum Board bian civil rights demonstration occur- eys who volunteered as monitors at of Directors. The award was pre- red at Independence Hall on July 4, Equality Forum included Kelly Ace, sented at a VIP Kickoff Reception for Equality Forum 2005. 1965. Philadelphia lawyers volunteered Daniel Anders, Robert Atkinson, Sasha Photo by Evan Shorrock to act as monitors to help protect ev- Ballen, Matthew Brown, Ann Butchart, eryone’s rights during the historic 40th Lee Carpenter, Eric Cheung, Sherrie Anniversary Celebration of the GLBT Cohen, Paul Costa, Francine Donato, civil rights movement,” said Chancel- William Ewing, David Facciolo, Ted lor Andrew A. Chirls. Faigle, Virginia Gutierrez, Wendy Klein The attorneys monitored the nation- Keane, Cara Kearny, Patricia Kipnis, Saturday, June 11 al celebration site and were available to Michelle Marx, Carl Minster, Kevin Ray, 8 p.m. Performance; notify the Philadelphia Police and Nat- Dee Spagnuolo, Greg Stunder, Robert 10:30 p.m. Masquerade Ball ional Park Service officers if demons- Szwajkos, Patrice Toland, Michael Vilas trators or others violated the law or and Robert Wrazen. Photo: Paul Kolnik. P A TERNITY T ESTING Masquerade Ball ;

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PHILADELPHIA 8 JUNE 2005 / BAR REPORTER FRONTLINE We, as citizens, need for them to live FEDERAL BENCH-BAR and lunch, is $149 for members of the up to their leadership positions by continued from page 1 continued from page 3 Philadelphia, Pennsylvania or any working to make sure that merit and county bar association. Tuition for sions. Then, the state’s voters must qualifications are part of the system. Arbitration Panels? The Case For and members admitted after Jan. 1, 2001 is approve the change. The alternative to this is the same old Against a ‘Rocket’ Docket” will be $129; nonmembers, $169; paralegals That’s a fine long-term goal. failed mechanisms. Philadelphia cannot chaired by Amy B. Ginensky and will attending with an attorney, $99; parale- But the current situation is so dire afford that. We must demand action feature former Chancellor Abraham C. gals attending alone, $129; judges and that we can’t wait. It demands action from our political leaders now. Reich and Judith P. Meyer as well as judicial law clerks, $75; and $65 for now. (This column originally appeared in U.S. District Court Judges Harvey Bartle judges and judicial law clerks admitted And there are a few things that can the Philadelphia Daily News on May 18, and Juan R. Sanchez with reports by after Jan. 1, 2001. be done quickly — if the powers-that- 2005.) Chief Judge Giles, Clerk of Court One copy of the course materials is be are sincerely willing to address the Michael Kunz and U.S. Bankruptcy included in the registration fee. These issue. Andrew A. Chirls, a partner at WolfBlock, is Chancellor of Court Chief Judge Diane Sigmund. the Philadelphia Bar Association. His e-mail address is materials are not available for separate If party leaders and others are as [email protected]. Tuition, which includes breakfast purchase. unhappy with the current judicial selection circus as they say they are, they can take measures to correct the situation. To begin with, they must start to act like leaders. They can act responsi- bly and maybe even help restore faith CLE COURSES in the process if they assert leadership and centralize endorsements around a JUNE system that methodically evaluates the candidates on the basis of clear, objec- tive, thorough criteria. That evaluation mechanism is already in place. It’s called the Philadel- June 1 Complex Title Issues Including phia Bar Association’s Judicial Comm- the New Commercial Endorsements • The CLE Conference Center ission. With the involvement of lawyers The CLE and non-lawyers, the Commission June 2 Civil Practice in the Philadelphia Court of Common Pleas Conference Center carefully investigates the background The CLE Conference Center and qualifications of the candidates, Wanamaker Building evaluates their strengths and weak- June 3 Recent Developments in School Law • The CLE Conference Center 10th Floor, Ste.1010 nesses and dispassionately determines, over hundreds of hours, whether they June 7 Life After Death (Tax): Wealth Planning Practice Regardless of Estate Taxes are “Recommended” or “Not Recom- Philadelphia Bar Probate and Trust Law Section June 2005 Quarterly Meeting Franklin Institute mended” for election to the bench. The CLE Conference Center Are the ratings and conclusions per- Science Museum fect? Hardly. But the system is certainly June 8 RX: Medication Error Liability • The CLE Conference Center 222 N. 20th Street better than one that relies on cash and 5th Floor karaoke. Time and again, party leaders June 9 Advanced Issues in Social Security Disability • The CLE Conference Center have complained to me about their own foot soldiers and how they hate June 14 Anatomy of a Divorce Trial • The CLE Conference Center the current sideshow that parades judicial candidates from one political club- Practical Information Concerning Bad Faith Litigation house to another for the satisfaction of The CLE Conference Center ward leaders and self-appointed neigh- June 15 General Practitioners’ Update 2005 • The CLE Conference Center borhood kingpins. Call PBI They all tell me it stinks. June 16 Evidence for Employment Lawyers • The CLE Conference Center But if these same leaders really feel Customer Service at that way, they can take the first step Preferences and Fraudulent Conveyances •The CLE Conference Center 800-247-4724 toward putting a stop to all of it right to register for a now. And it’s time for the Governor to June 17 Anatomy for Lawyers: A Primer • The CLE Conference Center start acting like one of his predecessors course or for more and start refusing to nominate judges June 20 Theater Skills in the Courtroom • The CLE Conference Center information. who have not been found “Recomm- ended” by the Bar Association. Like- June 21 Organizational Documents: Articles, Bylaw, Shareholder Agreements Register online at wise, the mayor and the Democrat and 0& LLC Documents • The CLE Conference Center Republican city chairmen should refuse www.pbi.org to endorse any judicial candidates who How to Handle a Child Abuse Case: Support Center for Child Advocates The Pennsylvania Bar have not been found “Recommended.” Volunteers Training Workshop • The CLE Conference Center And they should insist on the same Institute is an from the ward leaders. No “Recomm- June 22 Damages in Municipal Liability Actions • The CLE Conference Center accredited CLE ended” rating, no support. No help. No money. No way. June 23 Preparing the Real Estate Valuation Case • The CLE Conference Center provider. It’s sad that the political leaders have let the system deteriorate to the June 24 Practical Tax: Individual & Estate Taxation for the Non-Tax Lawyer point where it has to be replaced. The CLE Conference Center They didn’t have to let it get this End-of-Life Decision-Making: Law, Ethics and Practice way. And it will be irresponsible if they The CLE Conference Center let it stay this way through at least two more judicial election cycles — which is June 29 General Practitioners’ Update 2005 (live via satellite) how long it will take for us to consider Franklin Institute Science Museum any of their yet-to-be-drafted Consti- tutional amendments.

PHILADELPHIA BAR REPORTER / JUNE 2005 9 26th Annual Bar Foundation’s 17th Charity Run Golf Outing June 27 Raises $65,000 at Phila. Cricket Club by Maureen Mingey by Michael J. Berkowitz At this time of year, you can’t pick up the Nearly 700 runners and walkers newspaper or turn on the television without of all ages turned out for the learning of a special event to benefit some cause. Association’s 26th Annual Charity Bike-a-thons, road races – plus it seems like Run and Walk on May 15, raising there’s a fund-raising special event just about more than $65,000 for the Support every night this spring. We are in the middle of Center for Child Advocates. fund-raising season. The Bar Association competition The Bar Foundation has its event, too. Our was won by Neill W. Clark of Berger 17th Annual Golf Outing will take place on June & Montague and Carmon M. Harv- Photos by Jeff Lyons 27 at the Philadelphia Cricket Club. Carmon M. Harvey finished first among Chancellor Andrew A. Chirls crosses ey of Montgomery, McCracken, The Golf Outing is a unique opportunity for women runners in the May 15 event. the finish line at the Charity Run. Walker & Rhoads, LLP. It was lawyers (and those who work with lawyers) to Clark’s seventh consecutive win in Hadden and Lauren J. Vidal, in their fourth- and fifth-place finishers in make a difference. But while they’re making a the Bar Association Competition. respective age groups. Woodcock their respective age groups. difference raising money for organizations that Stuart Calderwood was the overall was led by first-place finisher Jane Sponsors for the event included provide direct legal services to the poor and dis- winner of the race. E. Ingles in her age group and Leslie Wawa, Inc., FirsTrust, Iron Mount- advantaged, they also can have fun, too. It’s a The legal team competition E. Aberman and David L. Marcus ain, The Legal Intelligencer, JuriStaff, great day. resulted in two-way ties for first finishing third and fifth in their Inc., USI Colburn Insurance Service, For golfers, it’s a chance to play a beautiful and third place. Hecker Brown respective age groups. Veritext LLC, National Court Report- course. It is never too crowded – the Foundation Sherry and Johnson LLP and Blank Rome was led by second- ing Services and Dolfin. takes over both courses (Wissahickon and Militia Woodcock Washburn LLP shared place finisher Kevin J. Baum in his Law firm sponsors included Akin Hill) at the Cricket Club and we limit the num- first place while Blank Rome LLP age group and John J. DiChello and Gump Strauss Hauer & Feld LLP; ber of players to manage the pace of play. It’s and Swartz, Campbell, LLC tied for Tracey Shellhamer, both fourth- Anapol Schwartz, Weiss, Cohan, held on a Monday, so it’s a great excuse to get third, followed by Caesar, Rivise, place finishers in their respective Feldman and Smalley, P.C.; Bennett, out of the office. You could even win a lease on Bernstein, Cohen & Pokotilow, Ltd. age groups. Swartz Campbell was Bricklin & Saltzburg, LLP; Caesar, a Lexus if you hit a hole-in-one on a designated Hecker Brown was led by sec- led by first-place finisher Gary R. Rivise, Bernstein, Cohen & Pokotil- hole. ond-, third -and fourth-place fin- Owens in his age group and Suz- ow, Ltd.; Marshall, Dennehey, Warn- For non-golfers, there is still plenty to do. We ishes by Doug Tewksbury, Kathy anne Fletcher and Dawn Joslin, continued on page 21 continued on page 15

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PHILADELPHIA 10 JUNE 2005 / BAR REPORTER PHILADELPHIA BAR ASSOCIATION 2005 BENCH-BAR CONFERENCE to Back the Boardwalk SEPTEMBER 30 - OCTOBER 1 • THE QUARTER AT TROPICANA • ATLANTIC CITY, N.J.

18 CLE COURSES! 5.5 CREDIT HOURS! Photo courtesy of the Atlantic City Convention and Visitors Authority

The Philadelphia Bar Association Gratefully Acknowledges the Generous Support of the Official Sponsors of the 2005 Bench-Bar Conference Photo courtesy of Tropicana Hotel and Casino Photo courtesy of Tropicana

PHILADELPHIA BAR REPORTER / JUNE 2005 11 PHILADELPHIA BAR ASSOCIATION 2005 BENCH-BAR CONFERENCE 18 Courses, 5.5 Credit Hours Available by Jeff Lyons Compensation Updates, Hot Tips and Subrogation “Dos and Don’ts;” and 2005 Bench-Bar Schedule The Association’s Bench-Bar Effective Technology for Commercial Conference returns to the Boardwalk in Trials: Bring Your Case to Life and Show Friday, Sept. 30, 2005 Atlantic City this fall for the first time the Jury Your Perspective. 12 p.m...... Opening Luncheon since 1987, offering 18 CLE courses and The second track of Saturday’s pro- 2:15 p.m...... CLE Programs up to 5.5 CLE credit hours. grams includes Medical Malpractice 3:15 p.m...... Break The Bench-Bar Conference will be Issues and Updates, Part II; Commerce 3:30 p.m...... CLE Programs held at The Quarter at Tropicana on Court: Litigate or Mediate?; What Every 6:30 p.m...... Grand Reception Friday, Sept. 30 and Saturday, Oct. 1. Lawyer Needs to Know About Juries; Saturday, Oct. 1, 2005 The Conference is co-chaired by Sayde Family Law Updates on Divorce, Equit- 8 a.m...... Breakfast Buffet J. Ladov and Mitchell L. Bach. able Distribution and Other Issues; and 9:30 a.m...... CLE Programs The conference opens at noon on Tax Consequences of Settlements. 10:30 a.m...... Break Friday, Sept. 30 with a “State of the The conference concludes following 11 a.m...... CLE Programs Judiciary” luncheon, featuring remarks Saturday’s luncheon. 12:15 p.m...... Closing Luncheon by Pennsylvania Supreme Court Justice continued on page 14 Ralph J. Cappy as well as remarks from the First Judicial District’s president and administrative judges. Other highlights of the conference include the Friday evening Grand Reception and Saturday’s closing luncheon, “Do We 2005 Bench-Bar Conference Registration Form Mean Business in Philadelphia?”, a panel viewing the present business cli- Sept. 30 & Oct. 1, 2005 - The Quarter at Tropicana, Atlantic City, NJ mate and economic prospects for the (Please Note: Judges will receive separate conference materials) city and the region. Prices to attend the full conference Each attendee must fill out a registration form in its entirety (non-attorney guests may be included on the form). Make are $395 for Association members, $245 checks payable to Philadelphia Bar Association and mail to: 2005 Bench-Bar Conference, Philadelphia Bar Association, for Association members who work for 1101 Market St., 11th Fl., Philadelphia, PA 19107, or pay with your credit card below and fax to (215) 238-1159. This nonprofit or government agencies or form is also available at www.philadelphiabar.org. NOTE: Hotel reservations must be made separately by calling (800) are members of the Young Lawyers 247-8767. Mention “Philadelphia Bar Association/2005 Bench-Bar Conference” to take advantage of the special rate of Division and $445 for nonmembers if $185 per night plus taxes. Hotel reservations must be made by Friday, Sept. 9, 2005. registration is received by Aug. 15. After Aug. 15, the prices increase by Assn. Member $50. Registration Type (all prices are per person) Assn. Nonprofit, Gov. Non-Member Amount One-day Bench-Bar Conference Member Attorneys & YLD Attorney Owed packages are also available, as are indi- Full Conference—Early Bird (before Aug. 15): Friday Opening vidual tickets to the Friday, Sept. 30 Luncheon, Friday Night Grand Reception, Saturday Breakfast, Saturday $395 $245 $445 Grand Reception. Closing Luncheon, Course Materials, Up to 6.5 CLE Credits Hotel reservations must be made Full Conference—Regular (Aug. 15 and later): Friday Opening separately by calling (800) 247-8767. Luncheon, Friday Night Grand Reception, Saturday Breakfast, Saturday $445 $295 $495 Mention “Philadelphia Bar Association- Closing Luncheon, Course Materials, Up to 6.5 CLE Credits 2005 Bench-Bar Conference” to take One Day Attendee—Friday: Friday Opening Luncheon, Friday Night advantage of the special rate of $185 Grand Reception, Course Materials, CLE Credits for Friday only $245 $195 $295 per night plus taxes. Hotel reservations must be made by Friday, Sept. 9. One Day Attendee—Saturday: Saturday Breakfast, Saturday Closing $245 $195 $295 Friday’s first track of seminars (2:30 Luncheon, Course Materials, CLE Credits for Saturday only to 3:30 p.m.) includes programs with Philadelphia Court of Common Pleas Grand Reception—Friday Evening Only $125 $100 $150 Judge Mark I. Bernstein on Evidence; Non-Attorney Guest Registration - $150 Per Guest Sub-Total: ______the New Bankruptcy Law; Real Estate: Price includes food and social functions only. Guest Total: ______Eminent Domain and Other Consider- Please register me for _____ guest(s) at $150 per guest. Total Amount Due: ______ations; and Immigration: Represent- ation of the Mexican Community - A Attendee Name: ______Case Study. Nickname on Badge (if different from above): ______Following a short break, the second track (3:45 to 4:45 p.m.) will feature Company/Organization ______Judge Bernstein with Part II of his pro- Guest Name(s): ______gram; Dealing With the News Media: Address: ______Ethical and Practical Considerations; City: ______State: ______Zip: ______Update on the 4th, 5th and 6th Am- endments; and Important Consider- Phone: ______Fax: ______E-mail: ______ations in Developing a New Law Prac- Special/Dietary Needs: ______tice. Emergency Contact Name: ______Phone: ______Saturday’s programming (9:30 to Card Type: ______American Express ______MasterCard ______Visa 10:30 a.m.) starts out with seminars on Medical Malpractice Issues and Up- Card Number: ______Exp. Date: ______dates; Updates on the Implementation Cardholder’s Name: ______of the New Class Action Law; Emerging Cardholder’s Signature: ______Date: ______Issues in Family Law Practice; Workers

PHILADELPHIA 12 JUNE 2005 / BAR REPORTER PHILADELPHIA BAR ASSOCIATION 2005 BENCH-BAR CONFERENCE Join Colleagues on Boardwalk for Bench-Bar

Dear Colleagues,

Please join us at the Philadelphia Bar Associa- tion’s Bench- Bar Conference on Friday and Saturday, Sept. 30 and Oct. 1, Chirls at The Quarter at the Tropic- ana Hotel and Resort on the Boardwalk in Atlantic City. Last year, the renewal of the Bench-Bar Conference was Bach a tremendous success. Now, this annual conference is once again a mainstay of our program calendar. The return of the Bench- Ladov Bar Conference Photos courtesy of Tropicana Hotel and Casino Photos courtesy of Tropicana to the Boardwalk and the continuing dialogue between our lawyers A fountain (left) is the centerpiece of the The Quarter’s three-story and the judiciary is attracting much plaza, reminiscent of Old Havana. The 200,000-square-foot dining, interest, and we expect a large shopping and entertainment complex opened last fall to rave turnout for our plenary sessions, reviews. Bluemercury Spa (below) is just one of the destinations workshops and social events. located at The Quarter. This will be a conference for the entire profession: for every seg- ment, every age group, every disci- The Quarter Getting Rave Reviews pline and every law firm or legal department. Its continuing legal by Jeff Lyons education component alone offers a choice of 18 different courses and With its opening last fall, The Quarter up to 5.5 credit hours. We have at Tropicana Resort and Hotel has included the participation of many become New Jersey’s largest hotel. sections and committees and will The Tropicana features more than feature many prominent judges 2,100 guest rooms, including the new and lawyers as speakers and pan- Havana Tower, with 505 luxury rooms, elists. 45,000 square feet of meeting space, and Don’t miss this opportunity to 2,400 new parking spaces. The 200,000- refresh and renew your sense of square-foot dining, shopping and enter- professionalism, meet new friends, tainment complex is located right on become better acquainted with the Atlantic City’s world-famous Boardwalk, judiciary and enjoy all the ameni- with 220 yards of ocean beach frontage. ties of one of the region’s finest The Quarter at Tropicana provides visi- hotel/spa destinations. tors with more than 16 restaurants, Looking forward to seeing you while offering three times the entertain- in September. ment, shopping and spa options than any other hotel casino in Atlantic City. Chang’s China Bistro. Nightlife options shopping and entertainment, The Sincerely, Through a three-story, streetscape include: The Sound of Philadelphia; 32 Quarter is also home to bluemercury, Andrew A. Chirls, Chancellor that brings Old World Havana back to Degrees Luxe Lounge; The Comedy Stop one of the East Coast’s most lavish luxu- Mitchell L. Bach life, The Quarter presents an impressive Cabaret & Cafe; and Planet Rose. Luxury ry spas and apothecaries. Sayde J. Ladov array of world-class restaurants, includ- retail businesses include: Brooks In its May 20 edition, the Philadelphia 2005 Bench-Bar Co-Chairs ing: Cuba Libre Restaurant and Rum Brothers; MONDI; Zinman Furs; and Daily News listed 15 not-to-be-missed Bar; Carmine’s, Red Square; and P.F. Brandeis Jewelers. In addition to dining, continued on page 14

PHILADELPHIA BAR REPORTER / JUNE 2005 13 PHILADELPHIA BAR ASSOCIATION 2005 BENCH-BAR CONFERENCE

QUARTER continued from page 13 attractions in Atlantic City. Four of the attractions are located at The Quarter. The Daily News called The Quarter’s bluemercury spa “minimalist in design, cool and white” that “takes visitors away from the noise and activity.” The Daily News said that at Red Square, patrons can ask a manager for either a mink coat or a Russian sol- dier’s uniform. “Then stand in the restaurant’s display window, inside an octagonal freezer lined with bottles of - what else? - vodka. You’ll be cold, but laughing.” At Brulee dessert bar, the Daily News said “if you’re a big spender, you can drop $1,000 for a fudge brownie served with a crystal atomizer of port wine. A server spritzes your tongue with port, you take a bite of brownie, then you repeat the process for a yummy combi- nation. And yes, you get to take home the crystal.” The Quarter’s karaoke bar, Planet Rose, is what the Daily News called “a loud and funky place featuring an open mike for brave crooners - 80s pop knowledge is a must here - and a private room where guests can book their own karaoke parties amd control the music at the bar for the entire evening.” The Washington Post raved about The Quarter. “Hang around The Quarter long enough on a weekend, and you can almost set your watch by the level of activity. Mornings are quiet, as partiers sleep it off. Afternoons belong to the older set, lunchers, shoppers and gawkers,” wrote the Post’s Jim Deiner. “There’s a lot to gawk at. Fountains burble throughout the Quarter, which is replete with stained glass, mosaics, Caribbean-style hanging lights, marble archways and wrought-iron railings,” Deiner wrote. “By 7 p.m., Carmine’s, a family-style Italian eatery imported from New York, is full, its patrons over- flowing onto the ‘street.’ P.F. Chang’s China Bistro already has a wait list...It’s not until the music starts that the Trop Photo courtesy of Tropicana Hotel and Casino Photo courtesy of Tropicana truly lurches to life.” A street performer walks past the entrance of P.F. Chang’s China Bistro at The Quarter at Tropicana.

ATLANTIC CITY 1959 program. ally known speakers and workshop Washington, D. C. In 1990 the confer- By 1960, Bar leaders were ready to participants. ence moved to Baltimore’s Inner continued from page 12 move the conference away from the The 1972 conference at Host Farm in Harbor and then returned home to city “to keep the participants from Lancaster, Pa., attracted the largest Philadelphia in 1991 under the theme The Association’s first Bench-Bar going back and forth to their offices Bench-Bar audience up to that point – “Homecoming.” Conference in October 1958 was a very and to allow them to devote undivided more than 600 judges, lawyers and In 1993 the Bench-Bar Conference informal affair. It was a half-day ses- attention to the conference.” Atlantic their guests. The main panel discussion opened the Pennsylvania Convention sion that followed the Association’s City seemed to be the logical place for on Saturday focused on prison reform Center in Philadelphia. Except for a October Quarterly Meeting and it con- such sessions and for many years that and included former prison inmate brief return to Baltimore in 1995, the sisted of a brief and limited series of followed the conference was held in James R. Hoffa. conference remained at the Convention workshops attended by judges and Atlantic City, usually over an autumn In 1978, registrants were able to hike Center through 1996. In 1997, the Con- lawyers at a Center City hotel. But Bar weekend after Labor Day. down the Boardwalk from their head- ference was held at Eagle Lodge (now leaders were encouraged by the initial During the 1960s, the conference quarters at the Deauville Hotel and get the Ace Center) in Lafayette Hill, Pa. session and by September 1959, what moved among several Atlantic City a glimpse of Atlantic City’s first hotel- The Bench-Bar Conference returned had now become officially known as hotels including the Holiday Inn, the casino – Resorts International. to Atlantic City last year, with a wildly the annual Bench-Bar Conference majestic old Traymore Hotel and the In 1988 and 1989 the conference successful event at the Borgata Hotel expanded to a full-day program. About newer Deauville. During the same time, met in the shadow of the U.S. Capitol Casino & Spa. Nearly 500 people 125 lawyers and judges attended the the conference began to attract nation- at the new Grand Hyatt Hotel in attended.

PHILADELPHIA 14 JUNE 2005 / BAR REPORTER YLD UPDATE APPELLATE COURTS no “red light” so there is no official cut- the attorneys appearing before it. off time for arguments. Each justice, Regarding the Supreme Court’s allo- continued from page 6 continued from page 5 however, has different rules and proce- catur analysis, Justice Newman said versial for me to say so, but I believe cross the line where it stops having a dures as to how long arguments can that if an intermediate appellate court’s we still buy into the many gender ster- “good feeling.” She said that, although proceed. Justice Newman made a point opinion is published, the case is more eotypes, including the stereotype that rare, attorneys have been reported to of telling the audience that the Sup- likely to be granted allocatur, the rea- there is something wrong and inher- the disciplinary board for committing reme Court is a “hot” court. They read son being that a published opinion ently unfeminine in being aggressive such an offense. She cautioned lawyers the briefs, they know the facts and the involves issues that may affect more and in asserting our worth. A more to check their cases and statutes to the justices are prepared. Therefore, Justice people in the Commonwealth as concerted effort must be made to make very day of oral argument. Justice Newman advised the practitioners to opposed to unpublished opinions that sure that female attorneys develop the Newman also revealed that amicus “say what you have to say, answer the affect only the parties involved. business development and political briefs are very important to the court questions and get off.” She also noted skills, among others, that are necessary as the justices get the most information that the Supreme Court is a “cordial Sunah Park, an associate at Thorp Reed & Armstrong, to advance to positions of leadership. LLP, is an associate editor of the Philadelphia Bar from those briefs. Also, the court has court” that does not try to embarrass Reporter. What can each of us do? First, it is important to recognize that as far as we have come, there still is not a level playing field for women and more needs to be done. Look at your own Superior Information position within your firm and the legal profession, and figure out how you can best help the situation. Unfortunately, is Your Premier Public not enough people are willing to go out on the proverbial limb and speak up. Perhaps bring up this topic at your Record Information Source. next partners’ meeting or volunteer to mentor a young female attorney. I have heard many successful people, ® attorneys and non-attorneys alike, dis- Superior information, a ChoicePoint cuss the positive impact that mentor- service, has been providing quality ship has had on their careers. Making a difference can sometimes be as sim- public record information to the legal, ple as being a sounding board for insurance, investigative and banking somebody or as hard as being the one industries for years. We perform fast out front challenging ingrained norms. If we all work together and help each and efficient searches of multiple other, however, there are no limits to public record sources to provide the what we can accomplish to make the law a more worthy and human profes- information you need through our sion. intuitive online interface.

Natalie Klyashtorny, an associate at Saul H. Krenzel & Associates, is chair of the Young Lawyers Division. We also offer additional services such as data scrubs, list services, bulk data GOLF and corporate legal processing continued from page 10 services. have a lunch and when the golfers come back from the course, we have a • Civil court records raffle, silent auction, cocktail reception • Superior Alerts and dinner on the patio. It’s a great • Liens and judgments way to wind down at the end of a fan- • Certified child support judgments tastic day. • Real property data Whether you play golf or not, it’s a great way to support the Bar Foundat- • USA PATRIOT data ion. Last year, the golf outing netted • Bankruptcy records almost $70,000. These funds go directly • Criminal records to grants to organizations like the Sup- • Death records port Center for Child Advocates, Sen- • UCC OneSearch iorLAW Center and Homeless Advocacy Project – programs that are making an • Mortgage and deed information important difference in the lives of • Corporation OneSearch Philadelphians who need our help the most. We hope to see you there. If you don’t golf, come for lunch or dinner. If you can’t attend at all, consider being a sponsor of the event. If you can’t be a sponsor, perhaps you or your firm Learn more or access our products at could donate something for the raffle or silent auction. Contact Melissa www.superiorinfo.com. Engler at [email protected] or call 215-238-6347 for more information. ©2004 ChoicePoint Asset Company. Maureen Mingey is executive director of the Philadelphia All rights reserved. Superior information is a service mark and ChoicePoint is a registered trademark of ChoicePoint Asset Company. Bar Foundation.

PHILADELPHIA BAR REPORTER / JUNE 2005 15 STATE CIVIL be provided overnight notice. When counsel receive a trial pool assignment, continued from page 4 they should promptly advise Judge Consular Corps Luncheon conference. Likewise, although her pre- Moss of every date that may represent trial conferences are generally sched- a conflict. If special circumstances re- uled in 10-15 minute intervals, Judge quire assignment of a trial date certain, Allen advised that she will make her- a request should be made with an self available through an extended or explanation of the circumstance. rescheduled conference to explore set- The judges differed in their appro- tlement. ach to petitions for extraordinary re- The majority of Judge Moss’ cases lief. For example, Judges Moss and are more complex cases that are easing New agreed that the circumstances giv- out of the discovery stage. She explain- ing rise to the request must be extraor- ed the three main responsibilities of lit- dinary. The fact that a case is complex igators in the discovery process. She or that counsel has a busy schedule is said the good faith prerequisite to a not extraordinary. Recent joinders, con- discovery motion is mandatory, not solidations, or new and recent diag- only in form but in substance. Better noses that require an update to expert communication is needed between reports may be extraordinary. Where Photo by Jeff Lyons counsel. She said emergency motions Judge Moss prefers short, concise International Law Committee Co-Chair Michael E. Scullin (from left); Chancellor must represent a true emergency. The motions with a proposed order that Andrew A. Chirls; Teta V. Banks, Liberian consul to the U.S.; and Vice Chancellor Jane fact that the discovery deadline is app- will not disturb the trial date, Judge L. Dalton gather before a luncheon honoring members of the Consular Corps roaching is not emergent. Judge Moss New prefers lengthy, thorough motions Association of Philadelphia on April 27. Officials from Austria, Canada, Chile, France, said the third point is that once the setting forth all circumstances of the Israel, Italy, Jamaica, Japan, Spain and Switzerland attended the event. deadline for discovery has passed, only situation and supporting authority and a motion for sanctions for failure to a global revision of the deadlines, comply with an earlier order will be including the trial date. July 12 Panel to Discuss Practice in City heard. An untimely motion to compel, Judges Allen and New expressed styled as a motion for sanctions, will concern with regard to the level of pre- The Association’s Young Lawyers to-be-named panel of prominent not be heard. paredness (or lack thereof) of counsel Division and the Membership Comm- Philadelphia practitioners will focus the Despite her strict adherence to the when appearing for scheduled confer- ittee will co-host the panel discussion discussion on professional develop- rules of discovery court, Judge Moss ences. Judge Allen has started a practice “Practicing Law in Philadelphia” on ment, choosing to practice in Philadel- advised the audience of her open-door of making sporadic and unannounced Tuesday, July 12 at noon, in the Assoc- phia and involvement with the Bar policy, noting that counsel may call to appearances at case management and iation’s 11th Floor Conference Center. Association. arrange a conference. Likewise, Judge settlement conferences before a judge The program is geared toward the Mark your calendar for this impor- Allen advised that she is available to pro temp. Judge New has started to fine needs and interests of summer associ- tant event and visit www.philadelphi- hear counsel, by request, to assist in counsel who fail to file a settlement ates and summer law clerks. The yet- abar.org for further details. the resolution of a dispute. Accordingly, conference memorandum before a if a record is needed, counsel may conference with a judge pro tem. Fur- arrange a conference in court or by ther, when counsel request a settlement telephone when no record is required. conference with Judge New, he said he Judge Moss further advised the will deny the request if it is apparent audience of her strict adherence to trial that counsel shunned the efforts of the dates. The date may be changed due to judge pro tem to settle the matter. GANN LAW BOOKS an emergency or unforeseeable circumstance. Many of her cases are trial Heather J. Holloway, an associate at Rawle & Henderson LLP, is an associate editor of the Philadelphia Bar pool cases, in which case counsel will Reporter. Practical Publications For Pennsylvania Practitioners Public & Private ATTORNEY DISCIPLINARY/ETHICS MATTERS

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Former Chairman, Disciplinary Board of the Supreme Court of PA; Former Chairman Continuing Legal Education Board of the Supreme Court of PA; Former Federal Prosecutor AV Rated "A lawyer who represents himself has a fool for a client." Abraham Lincoln

PHILADELPHIA 16 JUNE 2005 / BAR REPORTER Workers’ Compensation Section Judge Leadbetter Offers Update to Members by Jeffrey S. Gross deception, duress or mutual mistake of fact); The Baby’s Room v. WCAB (Stairs), 860 Commonwealth Court Judge Bonnie A.2d 200 (Pa.Cmwlth. 2004) (an inconse- Leadbetter and Commonwealth Court quential departure from one’s job Prothonotary Daniel R. Shuckers re- duties still qualifies as being in the cently provided members of the Work- course and scope of employment); ers’ Compensation Section with current Gibson v. WCAB (Armco Stainless & Alloy statistics of filings with the court, gave Products), 861 A.2d. 938 (Pa. 2004) (certain some important practice tips involving rules of evidence may not be applica-

proceedings before the court and dis- Photo by Jeff Lyons ble to workers’ compensation proceed- cussed important recent developments Pennsylvania Commonwealth Court Judge Bonnie Leadbetter is joined at the April 21 meetings); PNC Bank Corp. v. WCAB (Stamos), in Workers’ Compensation. ing of the Workers’ Compensation Section by (from left) Section Co-Chairs Michael Mulvey, 831 A.2d 1269 (Pa. 2003) (common-law Shuckers indicated that appeals Matthew Wynn and Judge Marc Harrison and court prothonotary Daniel R. Shuckers. marriages contracted after Jan. 1, 2005 from the Workers’ Compensation App- standards for winning a grant of sup- upheld by the appellate courts. shall not be valid); Colpetzer v. WCAB eal Board (WCAB) represent the largest ersedeas are very difficult. “Reasoned decisions” were also dis- (Standard Steel), ___ A.2d ___(Pa. 2005) single group of cases that are heard by Judge Leadbetter discussed some cussed as an appellate issue, including (artificially depressed wages received the court. For the year ending 2004, important workers’ compensation cases Remaley v. WCAB (Turner Dairy Farms, Inc.), by a claimant for a prior work-related there were a total of 679 appeals filed that have recently been decided. Of 861 A.2d 405 (Pa.Cmwlth. 2004) (uncon- injury cannot be included in the aver- from the WCAB to the Commonweal- note is Jeanes Hospital v. WCAB (Hass), ___ troverted evidence may not be irrat- age weekly wage calculation for the th court. The court has consistently af- A.2d ___ (Pa. 2005) in which the Supre- ionally rejected or rejected for no rea- second injury); and J.G. Furniture Division firmed more than 80 percent of the ap- me Court finally determined what son by a judge); City of Philadelphia v. v. WCAB (Kneller), 862 A.2d 689 (Pa.Cmwlth. peals taken from the WCAB in the past must be filed when attempting to am- WCAB (Smith), 860 A.2d 215 (Pa.Cmwlth. 2004) (specific loss computations must 20 years. Fortunately, the court has est- end a Notice of Compensation Payable 2004) and Higgins v. WCAB (City of Phila- be based on the average weekly wage ablished a successful mediation pro- (NCP). It is now settled that a claimant delphia), 854 A.2d 1002 (Pa.Cmwlth. 2004) of the claimant at the time of the ren- gram. Approximately 40 percent of the must file a petition to review the NCP (a judge must give actual reasons sup- dering of the specific loss and not on mediations are workers’ compensation instead of a claim petition. The petition ported in the record for finding one the average weekly wage on the date cases and 45 percent of those cases are to review is to be treated like a claim expert more credible than another). that the injury took place). resolved amicably. Counsel are encour- petition and the claimant has the bur- Other important cases discussed aged to mediate cases whenever feasi- den to prove all elements of the claim. were North Penn Sanitation, Inc. v. WCAB Jeffrey S. Gross, a partner with Batt & Gross, is a mem- ble. In Heath v. WCAB (Pa. Bd. Of Probation (Dillard), 850A.2d 795 (Pa.Cmwlth. 2004) ber of the Executive Committee of the Workers’ Usually, employer/insurance appel- and Parole), 867 A.2d 776 (PaCmwlth. 2005), (C&R’s may only be set aside for fraud, Compensation Section. lants file supersedeas petitions in ap- the Commonwealth Court held that peals to avoid having to pay awards sexual harassment as an abnormal pending the appeal. These requests working condition in a “mental/men- must be first filed with the WCAB and tal” case must be corroborated by evi- ruled upon following the WCAB deci- dence besides the claimant’s testimony sion before they will be considered by alone. Judge Leadbetter emphasized the Commonwealth Court. Conseq- that “mental/mental” cases are difficult uently, as Shuckers highlighted, the to prove and are rarely granted or

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PHILADELPHIA BAR REPORTER / JUNE 2005 17 Women in the Profession Committee In-House Counsel Reveal What Clients Really Want by Gina F. Rubel you to follow our rules”; “Be trustwor- thy”; “Have integrity”; “Provide value”; Three extremely successful women. “Keep promises”; “Be proactive and not Three in-house corporate counsel. reactive”; “Be efficient, effective, innov-

Three views on what clients want and ative and creative”; “Value our business Photo by Jeff Lyons Panelists (from left) Julie Mazza, Teresa Ciccotelli and Wanda Flowers meet with moderator expect from their attorneys. A stand- management processes”; “Be our part- Maria A. Feeley prior to the Women in the Profession Committee’s April meeting. ing-room-only crowd. These were the ners”; and, of course, “Provide excel- dynamics during the April 26 meeting lence.” Flowers, Mazza and Ciccotelli Ciccotelli told the crowd of almost the future. of the Association’s Women in the Pro- all agreed on these points. Distinctly 70 people that “The number one thing Mazza, a native of Greece who fession Committee. different corporate cultures and priori- in-house counsel wants from outside immigrated to the United States during So what did Wanda Flowers, gener- ties also exist among them, however. counsel is no surprises.” She explained her early childhood, manages law firm al counsel, Sunoco, Inc.; Julie Mazza, Flowers, who spent 17 years as that in order to do her job effectively, partnering and corporate counsel for manager, law firm partnering, corpo- counsel with the Equal Employment she needs to communicate with the DuPont. Mazza’s perspective on what rate counsel, DuPont; and Teresa Opportunity Commission prior to join- business decision makers, including in-house counsel wants was a bit dif- Ciccotelli, senior counsel, Saint Gobain, ing Sunoco, said, “We’re not concerned those who set and manage the bud- ferent from the other panelists. She say that every associate and partner in so much about where you went to law gets. If outside counsel delivers a sur- stressed the importance of outside the room needs to share with their col- school or where you ranked, we want prise that should have been foreseen counsels’ “willingness to take risks and leagues? people with integrity and we also look and it’s going to cost a million dollars, experiment.” She said, “There are many “We don’t want surprises”; “We want for diversity.” that firm will likely not be retained in continued on page 19

QUARTERLY MEETING telligence Committee in the 104th Club include Jerome B. Apfel, Melvin J. Rendine. The 65-Year Club will wel- continued from page 1 Congress, he authored the bill creating Buckman, Benedict A. Casey, Bruce Lee come Arnold R. Ginsburg, Harold B. the Inspector General of the Central Castor, George Chimples, Joseph R. Lipsius and Percy C. Madeira. Two new and is currently serving his fifth term. Intelligence Agency, which was the Danella, Morris J. Dean, Daniel J. Di- members will be welcomed to the 70- He is a senior member of the Appro- only reform legislation to emerge from Giacomo, Alvin H. Dorsky, Stephen M. Year Club - Frank E. Hahn Jr. and priations and Veterans Affairs commit- the Iran-Contra affair. Feldman, Marvin Garfinkel, Donald J. Wallace D. Newcomb. tees. He began his career in public ser- He is a Phi Beta Kappa graduate of Goldberg, Myron Harris, Joseph S. Hoc- The Bar Medal is presented at the vice as an assistant district attorney in the University of Pennsylvania and ky, Alan R. Hunt, Seymore H. Johnson discretion of the Chancellor in recogni- Philadelphia. While serving in that served as an editor of the Yale Law Jr., Philip P. Kalodner, Judge Marvin tion of extraordinary service. It is res- position, he was named assistant coun- Journal. Sen. Specter lives in Philadel- Katz, Samuel M. Lehrer, Lawrence J. erved only for the highest accomplish- sel on the Warren Commission investi- phia with his wife Joan and they have Lichtenstein, S. Gerald Litvin, Joseph W. ments and most impressive achieve- gation into President Kennedy’s assas- two sons, Shanin and Steve, and four Marshall Jr., A. John May, William Por- ments. Previous Bar Medal winners sination. Two years later, Sen. Specter grandchildren. ter, Judge Lisa A. Richette, Harry L. Ros- have included former Homeland Sec- was elected district attorney of Phila- New members of the Association’s si, Albert Schlessinger, Stanford urity Secretary and former Pennsyl- delphia in 1965 at the age of 35. 50-, 60-, 65- and 70-Year Clubs will also Shmukler, Morris M. Shuster, Henry H. vania Gov. Tom Ridge, Gov. Edward G. Thirty days after the terrorist attacks be honored at the event. The Year Skillman, Michael J. Stack, Herman P. Rendell, the late Judge A. Leon Higgin- of Sept. 11, 2001, Sen. Specter drafted Clubs recognize attorneys who have Weinberg, Arnold H. Winicov and botham Jr., U.S. District Court Judge the legislation that established the De- been practicing law for 50 years or James F. Young. Charles Weiner, J. Clayton Undercofler, partment of Homeland Security. While more. The new members of the 60-Year former Chancellor Joseph H. Foster and serving as Chairman of the Senate In- The new members of the 50-Year Club include Joseph Bak and Daniel M. Judge William J. Marutani.

Philadelphia Bar Association June Quarterly Meeting and Luncheon Monday, June 20 at Noon at Loews Philadelphia Hotel, 1200 Market St.

• Featuring U.S. Sen. Arlen Specter’s address to the Association membership and acceptance of the Bar Medal. • Honoring new members of the Association’s 50-, 60-, 65- and 70-Year Clubs.

Please make reservations for the Philadelphia Bar Association’s Quarterly Meeting Return to: and Luncheon. Tickets are $50 for members and $55 for non-members. Checks should be Quarterly Meeting made payable to the Philadelphia Bar Association. Philadelphia Bar Association 1101 Market St., 11th fl. Name: Philadelphia, Pa. 19107-2911 Credit Cardholder: Firm/Employer: Visa MasterCard American Express Address: Card number:

Expiration date: Phone: Fax: Signature: E-Mail: Credit card payments should be faxed to Bar Headquarters at (215) 238-1267.

PHILADELPHIA 18 JUNE 2005 / BAR REPORTER Outstanding Volunteers Honored by Phila. VIP Philadelphia Volunteers for the In- Sheinoff; Paul L. Feldman; Craig Gott- digent Program honored its outstand- lieb; and Brian Pinheiro. ing volunteers for 2004 at a May 12 VIP’s Chancellor Award, presented ceremony at the offices of Montgom- by Association Chancellor Andrew A. ery, McCracken, Walker & Rhoads, LLP. Chirls, was given to Ballard Spahr

“Every year, VIP holds the awards Andrews & Ingersoll, LLP; Dashevsky, Photo by Jeff Lyons VIP Executive Director Sharon Browning and VIP Board President Thomas A. Zemaitis (cen- ceremony as a way of expressing our Horwitz, DiSandro, Kuhn & Novello, ter) congratulate former VIP President Leonard A. Busby after he received a VIPeoples’ gratitude to both individuals, firms, P.C.; Gay Chacker & Mittin, P.C.; Mc- Choice Award at the May 12 event. and businesses who have made a sig- Carter & English, LLP; Montgomery, nificant contribution to pro bono eff- McCracken, Walker & Rhoads, LLP; presented by Zemaitis, was given to VIPeoples’ Choice Awards to Leonard orts in Philadelphia in the prior year,” Pepper Hamilton LLP; Silverman Bern- ARACOR; Bee.Net; William Ehrich A. Busby; Kimberly Dolan; Marife said VIP executive director Sharon heim & Vogel; University of Pennsyl- (pension appraiser); The Legal Intelligen- Domingo; Sean Flemmings; Tyra Browning. “Why do we do this? Be- vania Law School Clinical Program; cer; Iron Mountain; Joe Longo of Lon- Gardner; David Harvey; Philadelphia Bar cause gratitude is one of the finest ex- Villanova University School of Law’s go’s Deli; Pennsylvania Bar Institute; Reporter managing editor Jeff Lyons; pressions of the human spirit. We all Lawyering Together Program and Civil and Reliable Copy Service. David Shipley; and Dean Weisgold. just really like to say thank you.” Justice Clinic; Stanley R. Askin; Vito Browning presented the Legal VIP’s LawWorks Award was present- The Justice William J. Brennan, Jr. Canuso; John M. Franklin; Jay Meyers; Services Recognition Award to Lori ed to John Bryck; the Government Award, presented by VIP Board Presi- Elaine Smith; Michael Repak; and Harris; Edgardo Reyes; Walter White; Award went to Linda F. Townsel; and a dent Thomas E. Zemaitis was given to Suzanne Root. and David Williams. Special Recognition Award was pre- Berner & Klaw; Dessen, Moses & The Business Recognition Award, Browning also presented the sented to Judy Berkman.

IN-HOUSE COUNSEL ple like discounted rates and alterna- Anita B. Brody encouraged women conducting seminars for clients, creat- tive fee arrangements. They help to sell attorneys to introduce themselves by ing a dialogue that is informal, getting continued from page 18 the services.” Mazza agreed and added name when speaking to others, and to know in-house counsel, and accord- great lawyers out there. We’re looking that “alternative billing proposals are repeat their names several times. “The ing to Flowers, “Have something to say for people who think about DuPont, becoming standard and expected more repetitive you are with your that people want to hear, have confi- the laws that affect our business and today. They also identify the value and name whether you’re in court or at a dence, and learn how to toot your own our customers, the opportunities pro- what success looks like to the client.” meeting, the more likely people are to horn.” vided in the law – including identify- Flowers said the preferences for alter- remember you,” she said. ing when DuPont should be serving as native billing practices depends on Other suggestions from the panel Gina F. Rubel is a member of the Women in Profession Committee and is founder and president of Furia Rubel a plaintiff, and the industry trend.” each business unit and that it’s not her included speaking at CLE programs, Communications. Mazza is responsible for managing number one priority but it’s important DuPont’s national network of primary to remember her company is always law firms and is a leader in many of seeking “the best we can get for the the initiatives associated with DuPont’s least amount of money, most efficiently INCORPORATION legal convergence program. and effectively.” The moderator, Maria A. Feeley, a The meeting concluded with a dis- AND senior litigation associate for Pepper cussion about how associates, in par- Hamilton LLP, asked about the pan- ticular, can stand out in the crowd, LIMITED LIABILITY elists’ preferences for alternative billing build key relationships and generate practices. Ciccotelli said, “Business peo- business. U.S. District Court Judge COMPANY FORMATION CONVENIENT, COURTEOUS SAME DAY SERVICE

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PHILADELPHIA BAR REPORTER / JUNE 2005 19 Education Law Center Celebrating 30th Year by Janet Stotland mains unchanged but the Center is and have lower achievement levels. urban school district that is sensitive very different organization. My col- Whom does the Center help? Our about “outsiders.” The school district Almost 30 years ago and still a “ba- league Len Rieser and I have been co- attorneys and paralegals receive phone conjured up a series of reasons for re- by” lawyer, I began working at Educa- directors for almost 20 years. ELC of calls every year from some 6,000 fami- fusing to enroll Min, all of them illegal. tion Law Center. My job was to take Pennsylvania, now an independent lies, lawyers, and child-serving profes- The school even said that Min’s par- charge of the Pennsylvania office of the organization, has grown to 14 staff sionals from across the state. We pro- ents’ signatures were not acceptable then-New Jersey-based organization. I members and we now operate an off- vide outreach opportunities and train- because they were written in Asian had never heard of the Center before I ice in Pittsburgh. ELC is best known for ing for thousands more, and our Web characters. With the help of the ELC, saw ELC’s ad for a managing attorney. getting the best possible education for site is visited by more than 100,000 Min is now attending third grade. When I arrived I understood why: the children with disabilities, but our con- people a year. ELC staff members pro- We hope that our families and the Pennsylvania office was only a few stituency is much broader than that. vide free representation both to indi- legal community will turn out to cele- months old and had a staff of four Our Skadden Fellow, Janet Stocco, and viduals and to “classes” of children to brate this important birthday and help (including me and a secretary). But other attorneys and advocates work to achieve systemic change. Here are a us kick off our next 30 years. The event there was no denying the importance improve educational opportunities for few stories that describe our work: will be held on Thursday, June 9, from of the Center’s mission – to improve children in foster care. Our “Equity ELC represented 4-year-old Gavin, a 5:30 to 7:30 p.m. in The Justice Roberts the quality and fairness of Pennsylva- Project” focuses attention on Pennsyl- child with Down Syndrome, who Room at the offices of Montgomery, nia’s public schools, especially for the vania’s opportunity and achievement wanted to attend a regular preschool, McCracken, Walker & Rhoads LLP, 123 most vulnerable students. After seven gaps. In Pennsylvania your educational not a special education class. A federal S. Broad St., Philadelphia. For more years of a “poverty law” practice at opportunity still largely depends on judge found that Gavin could attend a information, e-mail Irene McClendon Community Legal Services, I knew that your zip code, and many children of regular school with the necessary sup- at [email protected] or call (215) a good public education is a poor color, English language learners, low- port. Gavin is making great progress. 238-6970, extension 301. child’s best chance for a better future. income children, and children with Nine-year-old Min moved to his disabilities still get inferior educations aunt’s house, which is located in a sub- Janet Stotland is co-executive director of the Education Thirty years later, the mission re- Law Center. Bar Association Night With the Phillies June 22

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PHILADELPHIA 20 JUNE 2005 / BAR REPORTER CHARITY RUN ety of snacks, drinks and goodies provided by race sponsors. Smoo- continued from page 10 Barristers’ Scholarship Dinner thies and headbands were provided er, Coleman & Goggin; McKissock & by FirsTrust. Fruit drinks were distrib- Hoffman, P.C.; Neil A. Morris Assoc- uted courtesy of Wawa. Athletic tow- iates, PC; Pepper Hamilton LLP; Rat- els, bottled water, trucking services nerPrestia; Raynes McCarty, Binder, and manpower were distributed by Ross & Mundy; Reed Smith, LLP; Iron Mountain. Notepads, pens, poc- Sandals & Associates, P.C.; Semanoff, ket magnifiers and flashlights were Ormsby, Greenberg & Torchia, LLC; distributed by USI Colburn. Particip- WolfBlock; and Woodcock Washburn ants were also treated to Crystal Lite LLP. Substantial funds were also rec- powdered drink mix. Baseball caps eived from legal supporters includ- were provided courtesy of JuriStaff ing Buchanan Ingersoll PC; Cozen and fruit, pretzels and flying disk toys O’Connor; Drinker Biddle & Reath, were provided by Veritext. Gift cer- Photo by Simone Davis LLP; Fox Rothschild LLP; and Pelino tificates were donated by I. Goldberg. Kenneth A. Murphy (from left) meets with Barristers’ Association of Philadelphia President & Lentz, P.C. Additional funds came Event T-shirts were distributed to all Damon J. Roberts, U.S. Third Circuit Court of Appeals Judge Theodore McKee and CBS 3 from the Philadelphia Association of participants including volunteers. news anchor Calvin Hughes at the Barristers’ Annual Scholarship Dinner on April 23 at the Paralegals, which entered a group of Westin Philadelphia. Judge McKee was honored with the Barristers’ A. Leon Higginbotham walkers. Michael J. Berkowitz, a partner at Caesar, Rivise, Award at the event. Bernstein, Cohen & Pokotilow, Ltd., is co-chair of the Participants were treated to a vari- Charity Run Committee.

Committee Room. Workers’ Compensation Section – meeting, noon, 11th floor Conference Center. Lunch: $7.50. Bar-News Media Committee – meeting, noon, 11th floor Committee Room South. CALENDAR OF EVENTS Family Law Section Adoption Committee – meeting, noon, 10th floor Cabinet Room. Federal Courts Committee – meeting, 12:30 p.m., 10th floor Board Room. Lunch: $7.50. LegalLine – 5 p.m., 11th floor LRIS offices. Note: While the following listings have been verified prior to press time, any scheduled event may be subject to change by the committee or section chairs. Thursday, June 16 Philadelphia Bar Foundation Grants Committee – meeting, 8 a.m., 11th floor Committee Wednesday, June 1 Room. Delivery of Legal Services Committee – meeting, 8:30 a.m., 10th floor Board Room. Board of Governors Cabinet – meeting, noon, 10th floor Board Room. State Civil Rules and Procedures Committee – meeting, noon, 10th floor Board Room. Family Law Section Executive Committee – meeting, noon, 11th floor Committee Room Lunch: $7.50. South. Thursday, June 2 Professional Responsibility Committee – meeting, noon, 11th floor Conference Center. Philadelphia Bar Foundation Grants Committee – meeting, 8 a.m., 11th floor Committee Lunch: $7.50. Room. Friday, June 17 Civil Rights Committee – meeting, 12:15 p.m., 10th floor Board Room. Mid-Size Firm Committee – meeting, 8 a.m., 11th floor Conference Center. Alternative Dispute Resolution Committee – meeting, 12;15 p.m., 11th floor Committee Social Security and Disability Law Committee – meeting, noon, 11th floor Conference Center. Room South. Lunch: $7.50. Lunch: $7.50. Environmental Law Committee – meeting, 12:30 p.m., 11th floor Conference Center. Lunch: Law School Outreach Committee – meeting, noon, 10th floor Board Room. $7.50. Philadelphia Bar Reporter Editorial Board – meeting, 12:30 p.m., 10th floor Cabinet Room. Monday, June 20 Quarterly Meeting and Luncheon – noon, Loews Philadelphia Hotel, 1200 Market St. Tickets: Friday, June 3 $50. www.philadelphiabar.org. Law School Outreach Committee – meeting, noon, 10th floor Board Room. Public Interest Section Executive Committee – meeting, noon, 10th floor Board Room. Monday, June 6 Young Lawyers Division Executive Committee – meeting, noon, 11th floor Conference Center. Family Law Section – meeting, 4 p.m., 10th floor Board Room. Tuesday, June 21 Tuesday, June 7 Compulsory Arbitration Committee – meeting, noon, 11th floor Committee Room South. Philadelphia Bar Foundation Board of Trustees – meeting, noon, 10th floor Board Room. Lunch: $7.50. Wednesday, June 8 Wednesday, June 22 Appellate Courts Committee – meeting, noon, 10th floor Board Room. Lunch: $7.50. Medical-Legal Committee – meeting, noon, 10th floor Board Room. Lunch: $7.50. Business Litigation Committee – meeting, noon, 11th floor Conference Center. Lunch: $7.50. Thursday, June 23 Thursday, June 9 Lawyer Referral and Information Service Committee – meeting, noon, 11th floor Committee Philadelphia Bar Foundation Grants Committee – meeting, 8 a.m., 11th floor Committee Room South. Room. Board of Governors – meeting, 4 p.m., 10th floor Board Room. Legislative Liaison Committee – meeting, 12:30 p.m., 11th floor Committee Room South. Friday, June 24 Lunch: $7.50. Law School Outreach Committee – meeting, noon, 10th floor Board Room. Friday, June 10 Tuesday, June 28 Federal Bench-Bar Conference – 7:45 a.m., Ashbourne Country Club, Oak Lane and Asbourne Section Chairs Meeting with Chancellor – meeting, 8:30 a.m., 10th floor Board Room. Road, Cheltenham, Pa. Criminal Justice Section – meeting, noon, 11th floor Conference Center. Lunch: $7.50. Law School Outreach Committee – meeting, noon, 10th floor Board Room. Women in the Profession Committee – meeting, noon, 10th floor Board Room. Lunch: $7.50. Women’s Rights Committee – meeting, 12:15 p.m., 11th floor Committee Room South. Lunch: $7.50. Wednesday, June 29 Law School Outreach Committee – meeting, noon, 10th floor Board Room. Monday, June 13 Business Law Section Executive Committee – meeting, noon, 10th floor Board Room. Thursday, June 30 Young Lawyers Division Cabinet – meeting, noon, 10th floor Cabinet Room. Committee on the Legal Rights of Unmarried Cohabitants – meeting, noon, 10th floor Board Room. Lunch: $7.50. Tuesday, June 14 Criminal Justice Section Executive Committee – meeting, noon, 10th floor Board Room. Unless otherwise specified, all checks for luncheons and programs should be made payable to the Philadelphia Bar Association and mailed to Bar Headquarters, 1101 Market St., 11th fl., Philadelphia, Pa. 19107-2911. Send Bar Wednesday, June 15 Association-related calendar items 30 days in advance to Managing Editor, Philadelphia Bar Reporter, Philadelphia Bar Association, 1101 Market St., Philadelphia, Pa. 19107-2911. Fax: (215) 238-1267. E-mail: [email protected]. Workers’ Compensation Section Executive Committee – meeting, 10:30 a.m., 11th floor

PHILADELPHIA BAR REPORTER / JUNE 2005 21 Planning Committee for the the ential professional leaders under age Morris LLP, has been named president Chinese and American Law School 40. of the American College of Bankruptcy, Deans’ Conference in Beijing. an honorary professional and educa- PEOPLE Michael L. tional association of distinguished Jeffrey L. Lovitz, a partner bankruptcy professionals. Jerrilyn G. Dashevsky, an with Connolly Bove Marston, a share- attorney with Lodge & Hutz LLP, Judge James J. holder at Bazelon Dashevsky, was a presenter at Fitzgerald III, Less & Feldman Horwitz, DiSandro, the ALI-ABA semi- administrative and lecturer in law Kuhn and Novello, nar, “Internet Law judge of the Trial in the Department P.C. and member of for the Practical Division of the of Legal Studies, the Philadelphia Lawyer” on April 21 Philadelphia Court Wharton School of Bar Association’s and 22 in Washington, D.C. Lovitz add- of Common Pleas, the University of Board of Governors, has been appoint- ressed jurisdictional issues in litigation. received the Brehon Pennsylvania, has won the school’s ed to the Board of Directors of Law Society’s 2004 – 2005 William G. Whitney Award Philadelphia Volunteers for the Jay Dubow, a partner with Award for Judicial Excellence on March for Excellence in Undergraduate Indigent Program and reappointed to WolfBlock, was a course planner for 30 at the Union League. Teaching in the Affiliated Faculty for the Pennsylvania Bar Association’s the Eighth Annual Federal Securities the fourth time in five years. Judicial Selection and Retention Law Forum on April 29 in Philadelphia. Peter H. LeVan Committee. The forum addressed the latest devel- Jr., a shareholder Roberta D. Liebenberg, a partner opments in corporation finance and with Hangley at Fine, Kaplan & Black, R.P.C., was a Melissa B. Kurtzman, a partner enforcement. Aronchick Segal & speaker at the Pennsylvania Bar with WolfBlock, spoke at the Greater Pudlin, was recent- Association’s Civil Litigation Section Valley Forge Human Resource Assoc- Michael S. Saltzman and Krista ly selected to serve retreat on April 8. She discussed the iation’s seminar, “From an HR Per- Frankina Fiore of Fineman on the Mayor’s Ad- business of jury selection and the spective: What To Expect From an IRS Krekstein & Harris, P.C., recently spoke visory Council in quest for diverse juries. Audit,” on May 3 at Penn State Great on the handing of bad faith claims at Washington Valley in Malvern. the 2005 Claims Seminar of the Township, N.J. Barry L. Cohen, Pennsylvania Mutual Insurance a partner at Thorp Ellisa Opstbaum Habbart, a part- Companies in Harrisburg. Pedro J. Rivera, Reed & Armstrong, ner with The Delaware Counsel Group, an assistant vice LLP, spoke on trade LLP, presented on two panels regarding Fran Fattah, an president at PNC secret law at the Delaware law issues at the 2005 Spring associate at Advisors, has been recent American Meeting of the American Bar Associa- Schnader Harrison elected to serve in Bar Association tion’s Section of Business Law. Segal & Lewis LLP, the Pennsylvania 20th Annual Intell- has been elected as Bar Association ectual Property Law John Rogers a member of the House of Delegates. Conference in Alexandria, Va. Cohen is Carroll, received Board of Directors the current chairman of the ABA the 2005 Bill of of the Pennsylvania Lt. Colonel James A. Georges, an Intellectual Property Law Section’s Rights Award from Ballet. associate with White and Williams LLP, Trade Secret Committee. the Criminal Law received the Bronze Star Medal for Committee of the Philip R. Voluck, managing partner outstanding meritorious service for his Peter E. Perry Federal Bar of the Mid-Atlantic Office of Kaufman, work leading a military police detach- Jr. of Stampone Association’s Schneider & Bianco, LLP, recently serv- ment in Iraq. Georges returned to the D’Angelo Renzi Philadelphia ed as a featured panelist discussing United States after completing his tour DiPiero participated Chapter on May 12. “Third Party Exposures” at the Profes- of duty on Feb. 17. in “Tough Problems sional Liability Underwriting Society’s in Workers’ Comp- Arthur Alan Employment Practices Liability & Fid- Michael A. Hamilton, a member ensation 2005” for Wolk, founding uciary Issues Symposium on April 13 of Cozen O’Connor, recently spoke at the Pennsylvania partner of The and 14 in Los Angeles. the Insurance Coverage and Claims Bar Institute in Wolk Firm, has Institute Conference in Chicago, where Philadelphia, Scranton and Mechan- received the William F. Kerr Jr., a partner at he discussed “General Liability Cover- icsburg during March and April. Temple University Blank Rome LLP, addressed the annual age Considerations in Copyright, Beasley School of meeting of the Pennsylvania Assessors Trademark and Trade Secret Litigation.” David Gitlin, a partner at WolfBlock, Law Founder’s Day Association on May 6 at the Seven has been elected President of the Award. Wolk was Springs Conference Center in George Gordon, a partner with America-Israel Chamber of Commerce, recognized for his achievements as a Pittsburgh. Dechert LLP, was selected by The Delaware Valley Chapter. lawyer, and for bringing honor and National Law Journal as one of its “40 recognition to the law school. Marc A. Liverant, co-chairman of Under 40,” a list recognizing 40 of the Evan K. Aidman, a sole practitioner, Kennedy & Liverant LLP, was a faculty nation’s leading young attorneys. has published the third edition of his Gary A. Zlotnick, a member of member at the Real Estate Purchase book Winning Your Personal Injury Zarwin, Baum, DeVito, DeVito, Kaplan, and Sales Transactions seminar pre- Claim. Schaer & Toddy, P.C., spoke on the sented by Sterling Education Services, Names Are News need for wills, living wills and powers Inc., on April 12. “People” highlights news of Louis Coffey, of counsel to of attorney as a featured speaker at the members’ awards, honors or WolfBlock and president of Coffey recent 2005 Estate Planning Seminar of Richard J. Bortnick, a partner at appointments of a civic or com- Consulting Co., was a featured speaker the 197th Legislative District sponsored Cozen O’Connor, was recently featured munity nature. Information may at the recent annual meeting of the by State Rep. Jewell Williams. in three leading insurance trade maga- be sent to Jeff Lyons, Managing Dispute Resolution Section of the zines. He co-authored two articles on Editor, Philadelphia Bar Reporter, American Bar Association in Los Aaron Krauss, a member of Cozen insurance coverage issues for Mealey's Philadelphia Bar Association, 1101 Angeles. O’Connor, has been designated as one Emerging Insurance Disputes. He also Market St., 11th floor, Philadelphia, of this year’s “40 Under 40” by the served as a source for an article pub- Pa. 19107-2911. Fax: (215) 238-1267. Robert J. Reinstein, dean of Philadelphia Business Journal. The pro- lished in Reactions’ March 2005 edition. E-mail: [email protected]. Temple University Beasley School of gram recognizes the Greater Philadel- Photos are also welcome. Law, chaired the seven-member U.S. phia region’s 40 most successful, influ- David T. Sykes, of counsel to Duane

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