Philadelphia Bar Association Vol

The Monthly Newspaper of the Philadelphia Bar Association Vol. 43, No. 6 June 2014 Access to Justice Panel Urged for Pa. n By Joseph A. Sullivan

The creation of a first-ever Access to Justice Commission to serve as a vehicle for studying and implementing measures to expand access to justice in the commonwealth is among the key recommendations released by the Pennsylvania Civil Legal Justice Coalition.

Photo by Jeff Lyons There are a staggering number of unrep- Mother Bethel A.M.E. Church Pastor Rev. Mark Tyler (from left), Barristers’ Association President Amber Racine, Chancel- lor William P. Fedullo and The Philadelphia Inquirer Editorial Page Editor Harold Jackson at the May 2 Brown v. Board of resented low-income litigants in civil legal Education 60th anniversary event. matters, and that lack of representation by lawyers adversely impacts the quality of justice for everyone in the Pennsylvania 60 Years After Brown, Education Gaps Remain continued on page 14 n By Jeff Lyons school, I never heard them say it,” said who criticized the lack of state funding Jackson, the keynote speaker at the May provided to The School District of Phila- Five years after the historic Brown 2 program “Remembering the Legacy: delphia. A 16-minute video, featuring v. Board of Education ruling, Philadelphia Brown v. Board of Education 60 Years Philadelphia attorneys and judges and Inquirer Editorial Page Editor Harold Later” at Mother Bethel A.M.E. Church. their recollections of the impact of the Jackson started first grade at an all-black The program was sponsored by the Brown decision on their lives, was also elementary school in Birmingham, Ala. Philadelphia Bar Association and the Bar- premiered. Those interviewed on the vid- “If my parents ever thought the Brown risters’ Association of Philadelphia. eo include Clarence D. “Clay” Armbris- decision meant my four brothers and The program also included remarks ter, president, Girard College; Nolan N. I might one day attend an integrated from former Gov. Edward G. Rendell, continued on page 18 Philadelphia Bar Association Annual Gold Sponsors Judges McKee, Moss Headline at June 9 Quarterly Luncheon In This Issue Judge Theodore A. McKee, chief on the Philadelphia Court of Common judge for the U.S. Court of Appeals Pleas, will receive the 2014 Sandra Day 4 Federal Bench-Bar for the Third Circuit, will deliver the O’Connor Award at the event. McKee Moss 5 Documenting City Judge A. Leon Higginbotham Jr. Judge Moss, now a distinguished Sandra Day O’Connor Award is conferred Memorial Public Interest Lecture at the neutral with Dispute Resolution Institute, annually on a woman attorney who 10 Bar Foundation Philadelphia Bar Association’s June 9 was the 2007 recipient of the Philadelphia has demonstrated superior legal talent, Quarterly Meeting and Luncheon. Judge Bar Association’s Justice William J. achieved significant legal accomplishments 13 35th Annual 5K Sandra Mazer Moss, a longtime judge Brennan Distinguished Jurist Award. The continued on page 19 BORGATA | ATLANTIC CITY

SAVE THE DATE | OCTOBER 17-18, 2014

2 Philadelphia Bar Reporter June 2014 philadelphiabar.org Frontline Marriage Equality Ruling a Sweeping Editor-in-Chief Heather J. Austin, Esq. Endorsement of Equal Rights in Pa. Associate Editors Regina Parker, Esq. “We are a better people than what these I know we all spent By William P. Fedullo marry the person whom Thomas L. Bryan, Esq. laws represent, and it is time to discard them time discussing with they love. It is that simple Julia Swain, Esq. Angie Halim, Esq. into the ash heap of history.” other delegates from and that compelling. Mary-Kate Breslin, Esq. – U.S. District Court Judge John E. Jones other counties the need May 20 was something Benjamin F. Johns, Esq. III to pass this resolution of a magical day for the Annie Kelley, Esq. There is a well-known proverb and thankfully it did Philadelphia Bar Associa- James R. Nixon Jr., Esq. Lauren A. Strebel in the law – “the wheels of justice turn pass. tion and especially for our Amanda Dougherty, Esq. slowly, but grind exceedingly fine.” I was going to thank brothers and sisters in Elisa C. Advani, Esq. However, sometimes the opposite is those who spoke at that the LGBT community. true. Sometimes things happen quickly. recent Pennsylvania Bar When we found out about Advisory Editor Molly Peckman, Esq. When I began writing this month’s col- Association meeting Judge Jones’ ruling, we umn, the subject matter was to be mar- in Hershey, including issued a statement that Senior Managing Editor, riage equality in Pennsylvania. The plan past Pennsylvania Bar urged Gov. Corbett not to Publications was to advocate strongly on behalf of the President Bob Fiebach and our Board of appeal the decision, “so that those who Jeff Lyons Philadelphia Bar Association’s resolution Governors member Larry Felzer. Both have suffered from inequality under the Director of Communications that was passed unanimously in January spoke eloquently and forcefully about law can at long last enjoy the full protec- and Marketing 2014, supporting marriage equality, and the need to support marriage equality in tions that the Constitution guarantees. Meredith Z. Avakian-Hardaway to present all the compelling arguments Pennsylvania. To be sure, unlike in our We are finally joining our brother and Executive Director on behalf of marriage equality. delegation, there were some dissenters sister states of Delaware, New York and Mark A. Tarasiewicz You may remember that in my among some of the other delegations but New Jersey in recognizing the fundamen- inaugural speech in December 2013, I the resolution passed by overwhelming tal right to marry, so that lesbian and gay The Philadelphia Bar Reporter (ISSN 1098- 5352) is published monthly and available by referenced the fact that we were the first voice vote. couples and their families will rightfully subscription for $45 per year by the Philadel- bar association anywhere to form an Of course, the struggle to achieve receive the many legal and financial pro- phia Bar Association, 1101 Market St., 11th LGBT Rights Committee and one of marriage equality did not begin this year. tections afforded to heterosexual couples. floor, Philadelphia, PA 19107-2911. Periodicals postage paid at Philadelphia, PA POSTMASTER: the first to endorse marriage equality. We There have been many mothers and As the Pennsylvania Constitution pro- Send address changes to Philadelphia Bar Re- spoke about the fact that this is truly the fathers of this issue and they all deserve vides, all people have the right to pursue porter, c/o Philadelphia Bar Association, 1101 bar association of inclusion and that we our thanks and praise. My thought was to their own happiness.” Market St., 11th floor, Philadelphia, PA 19107- 2955. Telephone: (215) 238-6300. Association planned a Chancellor’s Forum to discuss salute them and to advocate for quick and Thankfully, a few hours later, Gov. Web site: philadelphiabar.org. Newspaper e- the landmark Windsor case. We noted decisive action. Corbett made a reasoned and principled mail address: [email protected]. The editorial and other views expressed in the Phila- that “justice is for all, or it is for none.” Thankfully, as we saw on May 20, decision not to appeal Judge Jones’ ruling delphia Bar Reporter are not necessarily those It was also my intention to note how the law sometimes acts quickly and despite his own misgivings about mar- of the Association, its officers or its members. proud I am of our Board of Governors sometimes the eloquence and the force riage equality. Advertising rates and information are available from Don Chalphin at American Lawyer Media, which in January passed that very strong of an argument by a brilliant jurist is so I think it is important to respect 1617 JFK Boulevard, Philadelphia, PA, 19103. resolution in favor of marriage equality. I all encompassing that all you can say is the feelings of those like Gov. Corbett Telephone: (215) 557-2359 or e-mail dchal- also wanted to thank the members of the “please read this opinion.” Judge Jones, and some of those in the Pennsylvania [email protected]). Page 1 skyline photo by Edward Savaria, Jr./PCVB Philadelphia delegation to the Pennsyl- by his opinion, has provided a sweeping delegation who for religious reasons had vania Bar Association for advocating on endorsement of marriage equality. His misgivings. But it is equally important to behalf of a very similar resolution before opinion recognizes the tide of history. reiterate that we belong to a country that the Pennsylvania Bar Association. Pennsylvanians now have the right to continued on page 21 Earn 8.5 CLE Credits at Oct. 17-18 Bench-Bar Tell Us A total of 8.5 continuing legal as the Court of Common Pleas and $379 for members and $229 for Young What You Think! education credits will be available at the Philadelphia Municipal Court. Program- Lawyers Division members, public inter- The Philadelphia Bar Reporter Philadelphia Bar Association’s Bench-Bar ming will be presented by the Criminal est and government attorneys. Registra- welcomes letters to the editors for & Annual Conference at Borgata in At- Justice Section, Family Law Section, State tion for non-members is $529. Early publication. Letters should be typed. lantic City, N.J. on Friday and Saturday, Civil Litigation Section, Public Interest bird registration is available until Friday, There is no word limit, but editors Oct. 17-18. Section, Real Property Section, Work- Sept. 19. Registration includes all CLE reserve the right to condense for The Bench-Bar & Annual Conference ers’ Compensation Section, Law Practice programing and all sponsored meals and clarity, style and space considerations. provides attendees with the opportunity Management Committee, Diversity in events on Friday and Saturday. After Sept. Letters must be signed to verify to earn continuing legal education (CLE) the Profession Committee and Bar-News 19, registration rates increase by $70. authorship, but names will be withheld upon request. Letters may be mailed, credit while networking with colleagues Media Committee. Additonal program- Special Borgata hotel room rates are faxed or e-mailed to: Jeff Lyons, Senior and members of the bench. Hundreds ming will be announced soon. available for our Conference attendees. Managing Editor, Philadelphia Bar of attorneys and judges are expected to Another highlight is the reception A rate of $189 (plus tax) for a king room Reporter, Philadelphia Bar Association, attend. on Friday night, set for Borgata’s MIXX is available Friday, Oct. 17 and a limited 1101 Market St., 11th floor, Philadel- One of the highlights of the event nightclub. number of king rooms are available at phia, PA 19107-2955. Phone: (215) include the closing State of the Courts Registration for the Bench-Bar & $109 (plus tax) Thursday, Oct. 16 and 238-6345. Fax: (215) 238-1159. E-mail: discussion featuring the president judges Annual Conference is under way. Full $249 (plus tax) for Saturday, Oct. 18. You [email protected]. of Pennsylvania’s appellate courts as well conference early-bird registration rates are continued on page 14 philadelphiabar.org June 2014 Philadelphia Bar Reporter 3 federal courts committee Federal Bench-Bar Conference June 13 A state of the courts presenta- followed by an introduction of the and moderator David Rudovsky will discuss “The Use tion and keynote remarks by Wi- program by Bruce P. Merenstein, of Social Media to Investigate, Prosecute, and Defend told “Vic” Walczak, legal director course planner and vice chair of the Criminal Charges.” of the ACLU of Pennsylvania, are Web Check Federal Courts Committee. Reg- Following a short break, U.S. District Court Chief among the highlights of the Federal istration begins at 8:15 a.m. at Judge Petrese B. Tucker, U.S. Bankruptcy Court Chief Visit pbi.org to register for the June Courts Committee’s Federal Bench- The Rittenhouse Hotel, 210 W. Judge Eric L. Frank and Clerk of Court Michael E. Kunz 13 Federal Bench-Bar Conference. Bar Conference on Friday, June 13. Rittenhouse Square. To register for will present a report on the state of the courts. The Federal Bench-Bar Confer- the Federal-Bench Bar Conference, The last panel discussion, “Ethical Issues During De- ence is a half-day educational event visit pbi.org. positions: Hypothetical Scenarios,” features U.S. District Use your that is always eagerly anticipated The first panel discussion, “Ex- Court Judges Paul S. Diamond and Gerald A. McHugh QR code by federal court practitioners and reader to link pert Witnesses in Federal Court: Jr., along with former Chancellor Abraham C. Reich and judges. Attendees will spend the directly to What Works and What Doesn’t,” moderator Dennis R. Suplee. morning hearing panel presentations this resource. features U.S. District Court Judges The program concludes with Walczak’s keynote by both judges and practitioners Cynthia M. Rufe, Juan R. Sanchez remarks “With Liberty and Justice for All!” Walczak, the on topics of current interest in the and Mitchell S. Goldberg and mod- son of a Polish Holocaust survivor, will address why it Eastern District of Pennsylvania. erator Nina M. Gussack. is important that federal courts be receptive to litigation The conference will begin with opening remarks by U.S. District Court Judge Legrome D. Davis and brought on behalf of unpopular people and causes. Danielle Banks, chair of the Federal Courts Committee, attorneys Catherine M. Recker, Robert A. Zauzmer Committee’s Reception Honors Commerce Court Judges The Business Litigation Committee hosted an April 29 reception at the Westin Philadelphia for judges in the Court of Common Pleas Case Management Program. Pictured from left are Judges John W. Herron, Albert J. Snite, Pamela Pryor Dembe, state Supreme Court Chief Justice Ronald D. Castille, Judge Patricia A. McInerney and Committee Chair Michael Kichline. More than 100 people attended the reception and Judge Snite was honored for his service to the Commerce Court Program. Photo by Jeff Lyons to lawyer lawyer Referrals For details on placing a Lawyer to Lawyer referral ad, contact Lana Ehrlich at 215-557-2392 or [email protected].

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4 Philadelphia Bar Reporter June 2014 philadelphiabar.org chancellor’s forum Katz Documents City’s History n By Jeff Lyons that we’re the center of money, or the center of power or the center of When people associate a year Podcast art and culture. We’re the center of with Philadelphia, the most com- Spotlight incubation of ideas.” mon answer is 1776. Civic entrepre- That same notion of research and Visit philadelphiabar.org for a pod- neur and filmmaker Sam Katz says cast from this Bar Association event. development carried through in the answer is really 1876. the 19th century when the nation Photo by Jeff Lyons Sam Katz pauses to take a selfie during his appear- That’s the time when Philadelphia was industrializing. Pittsburgh was ance at a May 16 Chancellor’s Forum. was a manufacturing hub of the na- the steel capital. Philadelphia had Use your tion and part of a story he wanted to QR code specialty crafts in the 18th century know anything about me and my political history, you tell through History Making Produc- reader to link – people made silver and books know that getting turned down is in my DNA,” joked tions (HMP), a company that has directly to and arts and crafts and all kinds of Katz, a three-time candidate for mayor of Philadelphia. produced a series of documentaries this resource. fine things. These were done with “I took that $450,000 that we had and decided what on the history of the city. Katz talked specialty labor, Katz explained. “We story we wanted to tell. And everyone thought we’d tell about his work as a documentarian became a specialty labor town for 1776. But that’s not a Philadelphia story. That’s America’s and historian at a May 16 Chancellor’s Forum. manufacturing. The idea of the workshop of the world, story. Philadelphia’s story is 1876. So the first episode we In 2008, Katz realized that Philadelphia was the only which we called ourselves, wasn’t because one industry did was called “The Floodgates Open: 1865-1876.” Katz large American city that lacked its own historical docu- dominated by making cars or steel. We made everything. said he can’t watch it. “Think back to the first brief you mentary program. Since then, he has worked to build We weren’t just the center of democracy – this city is ex- ever wrote and pulling it off your shelf and reading it. and expand HMP. The company’s first ongoing series, traordinarily 1776 conscious. We’re not an 18th century You would need medical care because it couldn’t be very “Philadelphia, The Great Experiment” documents Phila- city. We’re a 19th century city. Philadelphia was a place good because it was the first thing you ever did.” delphia’s expansive history and will eventually cover 14 where the railroads basically standardized the business of Katz said this episode tells the stories that no Philadel- episodes. He recently launched additional documentary railroads. Until that point, every railroad in the country phians knew. “This story about engineers is very impor- ventures including “The Women of Philadelphia.” This had their own gauges and they had their own equipment. tant. If you look at the Pennsylvania Academy of Fine six-part series will tell the history of the city through the A guy named William Sellers, who was the chairman of Arts and Look at the architecture, what you’re seeing in lens of its women and will focus on different civic sectors the Franklin Institute, came up with this idea of stan- those big columns are pistons. And the idea of the pistons in which women wielded influence. dardizing everything. There were 90,000 people in the and the way the sunroof works in the building is like a “The idea of doing something like this and trying to city working to build locomotives for the Baldwin Loco- factory. Because the engineers who were the board of encapsulate, even in 14 episodes, what it is that Phila- motive Works. At one point, Baldwin had 40 percent of directors of PAFA believed in efficiency and they wanted delphia is, is a really big challenge. What’s the purpose the world’s market for building locomotives. We were the a factory to produce art. If you look at the Centennial of Philadelphia? What’s our function? We came up with research and development center for the railroad, which of 1876, the board was made up of engineers. And what the idea of the great experiment. A great experiment gets changed America. We don’t take much credit it for it, but they wanted to do was show the great engineering prow- conducted in a laboratory and Philadelphia is the nation’s that’s one of the other things we also do well, which is not ess of Philadelphia and of the country. All of the build- laboratory. Philadelphia had a lot of firsts. It was the first to take much credit for anything.” ings were designed to be taken down and all the parts city in the country to have massive gang wars. It was the Starting the documentary series took money. “When were put back into the market when the fair was over.” first to have a massive graffiti problem, and to attack that we started, we had enough money to produce one Other episodes include “1600-1682”; “Fever: 1793”; problem with an anti-graffiti network that bore the seeds episode. It wasn’t all that promising that we were going “Promise: 1944-1964”; “The Fight: 1965-1978”; and of the Mural Arts Program. Our function is that nation’s to get any more to produce the second one because we’d “Breakthrough: 1978-1994.” Episodes are available R & D lab. And I think that’s a good thing to be. It’s not been turned down my so many funders. And if you online at historyofphilly.com. to lawyer lawyer Referrals For details on placing a Lawyer to Lawyer referral ad, contact Lana Ehrlich at 215-557-2392 or [email protected].

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philadelphiabar.org June 2014 Philadelphia Bar Reporter 5 young lawyers division Funding, Quality Teachers Top District Wish List n By Elisa C. Advani Dr. Hite’s focus is on “investing in the fer activities that will develop their talents. outcomes of students.” High school Dr. Hite recently spoke to a student The two most pressing needs facing graduates earn 40 percent more over who asked him not to cut some of the the School District of Philadelphia are their lifetimes than dropouts, and college best teachers in exchange for teachers who funding and quality teachers and pro- graduates earn 129 percent more. His do not want to be there. Dr. Hite assured grams for students, Superintendent Dr. “Vision for Success” includes 100 percent the student this would not happen. He William R. Hite Jr. told members of the of students graduating from high school believes in matching individuals with cer- Young Lawyers Division on May 12. and entering college or the workforce; all tain skills to neighborhoods that require Dr. Hite has been the Superintendent eight-year-olds being able to read; access those skills and while teacher seniority for almost two years and has addressed to great teachers regardless of which is important “it should not be the sole many challenges during that time that school students attend; and 100 percent factor” in staffing decisions. Dr. Hite does extend beyond just simple math. The funding with zero dollars wasted. Every not believe in a top-down approach to District is “like a monopoly that is break- student has a right to a high quality edu- problem-solving and he said the District ing apart” said Hite, and the new model cation and it should not be “a function of “needs student voices.” Students’ needs needs to be better. Despite closing 31 where you live, a lottery system, or your extend beyond what can be bought; they facilities, eliminating 5,000 positions, in- parents’ salary,” Dr. Hite said. need teachers and principals who believe stituting various cost efficiencies, stopping Dr. Hite described some of the ways in them. authorizing charter schools for one year, the District can become more flexible. When asked what lawyers can do to reducing administration costs to less than While standards and quality control Dr. William R. Hite Jr. discusses chal- help the District, Dr. Hite urged the 3 percent and acquiring two concession- are of utmost importance, there is also lenges and opportunities The School Young Lawyers Division to serve as men- District of Philadelphia is facing. ary labor contracts, the District still has a a need to shift some of the important tors and role models for Philadelphia $216 million deficit. decision-making authority to the people youth. Closing schools and eliminating posi- who are closest to the students of each mentioned that the District is opening tions are not easy decisions and according school. Having the right principals at the three new schools and while that might Elisa C. Advani ([email protected]), to Dr. Hite, “if we are going to make schools is paramount. Dr. Hite personally not seem feasible given the budget crisis, an assistant city solicitor with the Philadelphia these hard choices, then the District conducted 112 interviews, resulting in it is necessary to create new high school Law Department, is an associate editor of the needs to be better off than it was before.” the hiring of 58 new principals. He also design models to motivate youth and of- Philadelphia Bar Reporter.

6 Philadelphia Bar Reporter June 2014 philadelphiabar.org Making the Leap to Private Practice at June 4 Program Chief of Staff Interested in learning what it’s like to start your own firm? In the second session of the Law Visits Committee Firm Laboratory series, a diverse cross-section of Everett A. Gillison, chief of staff to panelists will discuss why they decided to go into a Philadelphia Mayor Michael Nutter, was the guest speaker at the May 1 private practice and how they got started on Wednes- meeting of the City Policy Committee. day, June 4. He discussed a wide range of issues With topics ranging from how they got their first with those in attendance. clients to what marketing strategies they have used, this informative and insightful program is one you won’t want to miss. Panelists include Steve Harvey, Podcast Steve Harvey Law LLC; Kevin V. Mincey, Mincey & Fitzpatrick, LLC; Lee A. Schwartz, Lee A. Schwartz, Spotlight Attorney at Law; and Rhonda HIll Wilson, Law Of- Visit philadelphiabar.org for a pod- fices of Rhonda Hill Wilson, P.C. Created in 2014 by cast from this Bar Association event. Chancellor William P. Fedullo, the Law Firm Labora- tory is a free program series and ongoing incubator of innovative ideas, strategies and concepts for starting Use your and nurturing new law firms and helping existing law QR code firms of all types serve the changing needs of tomor- reader to link row’s clients. directly to this resource. There is no cost to attend this program, which begins at 12 p.m. in the 11th Floor Conference Center at the Philadelphia Bar Association, 1101 Market St. Lunch is available to those who register in advance for $8 for members of the Philadelphia Bar Associa- tion and $12 for non-members. Register online at

philadelphiabar.org. Photo by Jeff Lyons

philadelphiabar.org June 2014 Philadelphia Bar Reporter 7 workers’ compensation section End of Pre-Existing Condition Clauses Aids Workers n By Regina M. Parker Marrero pointed out that the for coverage. In instances where Affordable Care Act encompasses an injured worker settles his or her One of the hallmarks of the Patient Protection many areas. One area is that the Podcast workers’ compensation case, he or and Affordable Care Act (ACA) which was signed into ACA eliminated pre-existing condi- Spotlight she could use the settlement proceeds law in March 2010 is the elimination of pre-existing tion clauses and exclusions for both to purchase coverage off the market- Visit philadelphiabar.org for a pod- condition clauses imposed by health plans. Candy Mar- children and adults. The elimination place without a subsidy. Income is cast from this Bar Association event. rero, president of Worksite Benefits of the Capital Dis- of pre-existing clauses will prove not considered if you are not looking trict, LLC, in Albany, N.Y. discussed the details of the beneficial to injured workers receiv- for a subsidy. law at the May 9 Workers’ Compensation Section CLE ing workers’ compensation benefits. Marrero explained that the ACA program, “The Affordable Care Act: Potential Impact on She explained that if an injured Use your is a work in progress. While it may QR code Workers’ Compensation and Medicare Secondary Payer worker purchased a policy under the reader to link currently prove beneficial to those Compliance.” ACA and settles his or her workers’ directly to receiving workers’ compensation The idea of the ACA is to make quality and affordable compensation case so that the car- this resource. benefits, it is anticipated that over the health care available to all Americans, Marrero said. She rier is no longer paying for medical course of time, there may be changes explained that approximately $1,000 per year is added to coverage, the policy under the ACA to the ACA that would eventually the cost of an individual’s health insurance to offset the will cover this worker due to the place the ultimate responsibility for cost of those who are uninsured. The ACA will eliminate elimination of pre-existing condition clauses. medical treatment back on the workers’ compensation this problem by getting people to take health insurance, However, it is important to note that many injured carrier. As of now, the ACA does not mention workers she said. This will probably be accomplished based on the workers may not even be eligible to purchase subsidized compensation injuries. Therefore, as of 2014, people can- penalties that are associated with not taking the insur- health insurance under the Affordable Care Act. Under not be denied health insurance for any pre-existing health ance. If a person is uninsured for more than three months the ACA, taxable income is considered in determin- condition, including conditions caused by work injuries. in 2014, that individual may incur a tax penalty and that ing whether a person is eligible to purchase subsidized penalty will be applied when the individual file a 2014 medical coverage. This will eliminate injured workers Regina M. Parker ([email protected]), an associate with income tax return. In 2014, the penalty is $95 or 1 per- whose only source of income is workers’ compensation Thomas, Thomas & Hafer LLP, is an associate editor of the cent of your income, whichever is greater. It is anticipated that is non-taxable income. If income is lower than the Philadelphia Bar Reporter. that the amount of the penalty will increase every year. threshold, the system will direct people to medicaid

8 Philadelphia Bar Reporter June 2014 philadelphiabar.org pro bono spotlight: Philadelphia vip Volunteers Ease Child Custody Case Backlog

There is a rising tide in Philadel- currently being filed in Philadelphia may in 2013 and may increase further by phia that has nothing to do with global not get their first court listing until June the end of 2014. Philadelphia VIP is warming or the Schuylkill River. Child 2015. While there are situations when currently not able to connect each of custody court filings in Philadelphia have parties can obtain earlier court dates, these clients with volunteer attorneys as Web Check increased at a staggering rate. parties may still have to wait 60 to 90 more volunteers are needed to assist with For more information about Philadel- According to the Administrative Of- days before their first court appearance. these custody cases. Philadelphia VIP has phia VIP, visit www.phillyvip.org. fices of Pennsylvania Courts, there were Other counties in the Commonwealth been able to find volunteer attorneys to more than 27,000 child custody-related require the parties to attend and pay for represent low-income clients for about 25 filings in Philadelphia Family Court in parenting classes and other programs percent of these custody cases. April 2014, Fox hosted a CLE training 2012, over a 6 percent increase from the before a case is scheduled for court. These Some of these clients are assisted by on child custody law and more than 40 number of custody-related filings from programs are intended to help minimize volunteers, like Julia Swain, a partner at attorneys attended. The program was 2011. As the vast majority of Philadelphia conflict in child custody cases. However, Fox Rothschild LLP, who provides direct presented by Swain, a past chair of the Family Court litigants are pro se, it is be- a large percentage of the parties filing in legal representation and legal advice over Family Law Section; Susan Gibson, an lieved that more than 80 percent of these Philadelphia cannot afford such pro- the telephone to clients. Fox Rothschild associate at Fox Rothschild; and Michael filings are submitted by unrepresented grams and Family Court does not have litigation associates have also volunteered L. Viola, the family law staff attorney at parties. the resources to provide them free of their services. “My custody cases with Philadelphia VIP. Judge Maria McLaugh- According to a report by the Phila- charge. Philadelphia Family Court and VIP are among the most gratifying that lin, who regularly hears child custody delphia Research Initiative of the Pew the Philadelphia Bar Association’s Family come across my desk. The people who cases in Family Court, also participated. Charitable Trust in 2012, the poverty rate Law Section are collaborating on creative, turn to VIP truly need our assistance, Handling child custody cases through in Philadelphia is 31 percent for families low-cost ways to help manage these cases; and I am proud to be able to spend some VIP or other legal service agencies offers with children. There are thousands of however, more can be done by other of my time helping them” said Matthew several advantages to newer attorneys or custody filings each year being made by members of the Philadelphia legal com- Olesh, an associate with Fox Rothschild. attorneys who do not regularly handle people living below the poverty level who munity. And, according to Fox Rothschild as- family law matters. Volunteering to take could never afford an attorney. One way attorneys can help address sociate Melissa Dolin “I helped a father a child custody case affords an attorney Unfortunately, Philadelphia Legal this problem is to volunteer to handle who, prior to my representation, was only the opportunity to expand his or her Assistance, the local Legal Services child custody cases through one of the permitted to spend a few hours with his practice; learn and develop some exper- Corporation affiliate that would advise local pro bono legal service agencies. daughter every week. With my help, he tise in a new area of law; and, lead to a and represent low-income parties in child Many low-income clients are referred to was able to obtain weekend and vacation new clientele base. Further, the skills that custody matters, simply does not have the Philadelphia VIP for assistance. In 2012, time. Without legal representation, my attorneys already have for their paying resources to stem the tide of cases. Due to almost 300 custody cases were opened by client would never have been able to get clients are readily transferrable to child the volume of cases filed, custody mattes Philadelphia VIP. That number increased the quality time with his daughter that he custody cases. Attorneys can develop or wanted and deserved.” sharpen their trial and negotiation skills To help encourage volunteers to handle by handling child custody cases through cases, VIP offers CLE trainings in a Philadelphia VIP. To find out more VIP Honors Dina Ronsayro variety of areas, including child custody. about ways in which you can volunteer If the attendee volunteers to take a case, time with Philadelphia VIP, please visit Philadelphia VIP proudly ing what to expect is rewarding,” there is no charge for the CLE credits. In www.phillyvip.org. recognizes Dina S. Ronsayro, a Dina shared. partner at Astor Weiss Kaplan Michael Viola, VIP’s in-house & Mandel LLP, as Volunteer for family law staff attorney, said the Month, for helping at-risk Dina is one of Philadelphia VIP’s children and families. strongest supporters. “During Ronsayro’s practice areas in- the past five years, she has been clude family law, personal injury Ronsayro involved in more than 20 cases. and general litigation. Dina uses She has served as a volunteer her family law expertise to advise VIP handling a case and as a mentor to clients, and to mentor other volunteer at- other volunteers. Dina also assists VIP torneys on family law dispute resolution. by providing legal advice to clients that Through her representation and mentor- VIP is unable to fully represent. For these ing, she has donated more than 40 pro ‘advice only’ cases, Dina’s promptness in bono hours to low-income clients since responding to a request to assist a client is her start with VIP in 2009. legendary.” Dina says she finds her “advice” cases Dina says she values pro bono ser- to be most rewarding because she gets vices because “we [lawyers] are privileged to help many more clients navigate the enough to have good jobs and clients Philadelphia Family Court system. “They who can afford us. It is our obligation as [the clients] just want someone to talk members of society to give back to our to and explain the process. Someone to community.” explain what happens in a courtroom or VIP applauds Dina’s commitment to other simple things that people take for helping VIP clients resolve legal issues granted. They have no clue about these that are critical to the stabilization of their things. The relief in their voices after hear- families. philadelphiabar.org June 2014 Philadelphia Bar Reporter 9 Bar Foundation 50th Anniversary Events Why I Give... Honor Longtime Supporters “Duane Morris is a longtime May was a momentous By Deborah R. Gross (and responsibility) to month. It started off know our rights , the supporter of the Bar Foundation, with my speaking at a right to have violations and many of its grantee organiza- Law Day naturalization fairly judged on a level tions. We give because it is our re- ceremony welcoming playing field, and the re- 80 new citizens from sponsibility, as members sponsibility as lawyers and good 46 different countries. of the Bar to ensure that citizens to contribute both time Edward G. Biester III For more than 10 those less fortunate have and financial resources to these Partner, Duane Morris LLP years, I have brought equal access to justice. worthy causes. If the Foundation a class from William The Bar Foundation for Penn Charter School 50 years has provided is to succeed in its mission, law- to observe a naturaliza- the opportunity for yers must lead the way.” tion ceremony. This Philadelphia lawyers to year was special. I was able to give the show we understand and appreciate these welcoming remarks as the representative freedoms and rights by funding many work of the Bar Foundation to approxi- “Learning Lessons Today from the 19th of the Philadelphia Bar Foundation and legal nonprofit organizations who assure mately 25 attorneys and presented our Century’s Greatest Lawyer – John G. the Philadelphia Bar Association. The access to justice for all. 50th Anniversary Crystal Awards to Steve Johnson.” As Saul partner Fred Strober naturalized citizens spanned a range of As part of the Bar Foundation’s 50th Bizar, current vice president and trustee described, Johnson was not only a phe- ages and were so very excited to experi- year celebration to thank those who have of the Foundation and Andrew Hamilton nomenal lawyer and civic leader whose ence the freedoms and rights that we as supported us and to increase the aware- Circle (AHC) member; Rudy Garcia, innovative business transactions helped Americans have. ness of our legal community about the former Gala chair and AHC member; the city’s growth, he was an extraordinary Unfortunately, many of us who are Bar Foundation, we are holding events Douglas Coopersmith, AHC member; philanthropist. Carl Strehlke, adjunct born here, take these rights for granted. across Philadelphia. Buchanan Ingersoll and Howard Scher, AHC member. curator of the John G. Johnson Collec- As lawyers, we can appreciate the impor- Rooney, PC hosted a May 9 luncheon Less than one week later, on May tion at the Philadelphia Museum of Art, tance of our democratic rule of law, the where we debuted our new three-minute 15, Saul Ewing LLP hosted a Founda- showed examples from the collection and right (and responsibility) to vote, the right long video and PowerPoint about the tion 50th Event to 20 attorneys titled continued on page 11 Philadelphia Bar Foundation 26th Annual Golf & Tennis Classic Monday, June 16 Philadelphia Cricket Club Register Now at philabarfoundation.org

Don’t Delay! Space is Limited!

10 Philadelphia Bar Reporter June 2014 philadelphiabar.org Bar Foundation continued from page 10 described the extraordinary impact of Johnson’s philanthro- py. Johnson’s collection, which he willed to the city, is a significant percentage of the museum’s collection. Following the showing of our video, Ballard Spahr LLP’s Leslie John, a current trustee and secretary of the Foundation, presented the 50th Anniversary Crystal Awards to Robert Louis, current trustee of the Foundation and to Frederick Strober, an Andrew Hamilton Circle member and former Gala chair. Other Bar Foundation honorees from Saul, who were unable to attend, were former Bar Foundation President Gabriel Bevilacqua, AHC member Carl Everett, as well as major donor and longtime supporter, Cathy Devlin. The Bar Foundation made a 50th Anniversary presenta- tion to the Board of Governors on May 29. In June we are looking forward to more celebratory 50th events at the Honoree Douglas Coopersmith (from left), Bar Foundation President Deborah R. Gross and honorees Steven Brandeis Society, Pepper Hamilton LLP, Hangley Aronch- Bizar and Rudolph Garcia. ick Pudlin & Schiller, our annual Golf and Tennis Outing on June 16 at the Philadelphia Cricket Club, and a Legal Writing CLE, at Rutgers Camden on June 27. The CLE, made possible by funds from the R. Nicholas Gimbel Fund for Legal Excellence, is free for public interest lawyers. Remember your support of the Foundation is crucial to assuring access to justice for people living in poverty. Individuals with low incomes need legal representation to protect their homes, families, health, public benefits and livelihood, basic freedoms and rights which being an American citizen should guarantee. Thank you for helping to break down the access to justice barriers. Please keep up your good work because unfortunately, the war on poverty, which President Lyndon Johnson declared 50 years ago, has not ended.

Deborah R. Gross ([email protected]) of the Law Offices of Bernard M. Gross, P.C. is president of the Philadelphia Bar Foundation. Bar Foundation Grants Committee Chair Michael Adler and Bar Foundation Secretary Leslie John presented Saul Ewing LLP’s Fred Strober with a 50th Anniversary Crystal Award.

Naturalization Speakers Welcome New Americans

Philadelphia Bar Foundation President Deborah R. Gross (above) addresses a naturalization ceremony at U.S. District Court on May 1. New U.S. District Court Judge Gerald A. McHugh Jr. (left) spoke and Judge John R. Padova presided. Former Chancellor John E. Savoth (right photo) was a speaker at an April 24 ceremony presided over by U.S. District Court Judge Gene E.K. Pratter. Jane Golden, executive director of the Philadelphia Mural Arts Program, also spoke. Both ceremonies were sponsored by the Philadelphia Bar Association. Photos by Jeff Lyons philadelphiabar.org June 2014 Philadelphia Bar Reporter 11 women in the profession committee Women Urged to Find Voice, Speak Up Barristers’ n By Elisa C. Advani Moss now serves as a distinguished neu- Women have what it takes to be Family Fun tral with Dispute Resolution Institute. good negotiators. Judge Moss disagrees Compassion, empathy, and intuition Judge Moss urged women litigators to with the stereotype that women are not Day June 28 are among the feminine qualities that ask for cases they find interesting and if a tough enough at the bargaining table. make women stand out as litigators new challenge is met with fear, “fear can She said, “We can speak softly and carry and mediators, Judge Sandra Mazer be the best motivator.” As a judge she saw a big stick.” She gave an example of a The Barristers’ Association of Moss (ret.) recently told members of the too many women who would write the case she mediated involving surviving Philadelphia will host its 5th Annual Women in the Profession Committee. motions but send a male counterpart to family members of air crash victims. The Family Fun Day on Saturday, June Judge Moss spoke about how she learned argue them. defense attorney was a woman with a soft 28 from 2 to 4 p.m. at Hi-Spot to use her femininity to her advantage in As a woman it is easier to ask for help, demeanor who opened by saying she was Lanes, 3857 Pechin St., Philadel- litigation and mediation throughout her so when Judge Moss was assigned to the very sorry for the plaintiffs’ loss and she phia. career path. asbestos program she asked the lawyers understood that the case was about more Family Fun Day was launched Judge Moss left a legacy as an innova- from both sides to teach her about the than just money. Sensitivity and empathy to encourage members and their tor when she retired from the Court of issues and the law. Women also have an are often the intangible consideration a families to come together to enjoy a Common Pleas of Philadelphia County innate ability to host and entertain, which plaintiff needs, and that attorney ended day of fun and networking in a re- in November 2013, but in the beginning led Judge Moss to the idea of a long-range up not only negotiating a favorable settle- laxed atmosphere. Members, friends, she had to pave her own way in a “man’s planning meeting that became an annual ment on behalf of her client but she also spouses and children over the age of world.” As the first woman attorney in barbecue at her beach house to strategize made a lasting impression on Judge Moss. 4 are welcome, although you do not the Major Trials Division of the City with counsel. Judge Moss concluded that women need to have children to take part. Solicitor’s office, Judge Moss’ co-workers Judge Moss highlighted some qualities need to recognize their value in mediation The cost of the event is $5 for adults did not initially welcome her with open women possess as mothers that trans- and litigation, find their voice, and ask for (including refreshments and bowling arms. She was assigned difficult cases late well in a courtroom. An opening projects and promotions. shoe rental), accompanied children where jurors were particularly sympa- or closing statement to a jury should be 10 and over are also $5 and children thetic towards the plaintiff, such as claims delivered with the same ease a mother Elisa C. Advani ([email protected]), 9 and under are free. from a grieving widow. Judge Moss em- has when reading a bedtime story to her an assistant city solicitor with the Philadelphia For more information please con- braced the challenge and saw that she was child. A mother knows what her child is Law Department, is an associate editor of the tact Tyesha Miley at tyesha.miley@ profiled for these cases specifically because thinking or feeling without him saying Philadelphia Bar Reporter. pha.phila.org or 215-684-5796. To she is a woman and jurors could be more a word. Women need to maximize that register, visit barristers2014family- compassionate towards her as well. Judge intuition and perception as litigators. fun.eventbrite.com. Consul General Meeting

New Location! 1515 Market Street, 12th Floor Philadelphia, PA

Philadelphia Bar Association Chancellor William P. Fedullo met May 21 with Consul General Andrea Canepari of Italy at the Consulate's offices on Indepen- dence Mall to discuss joint initiatives and enhanced relations.

12 Philadelphia Bar Reporter June 2014 philadelphiabar.org 35th Annual 5K Draws 1,300 Runners, Walkers

Team Gavel to Gravel (above), consisting of judges and employees of the First Judicial District, gathers before the May 18 race. Meredith Brennan (right), chair of the Philadelphia Bar Asso- ciation’s Family Law Section, and daughter Quinn were among the participants. There also was Buchanan Ingersoll & Rooney’s 200-Yard Kids Dash for children ages 5 to 10. The 35th Annual 5K Run/Walk benefits the Support Center for Child Advocates.

Michael Riccio, a paralegal at Com- Photos by Jeff Lyons munity Legal Services, was the overall Neill Clark with Faye Hellman. Clark won the Bar Association division of the race Meredith Unger won the women’s winner of the race. His time was 16:00. for the 14th time in the last 15 years. division of the race. philadelphiabar.org June 2014 Philadelphia Bar Reporter 13 leaf. “I am pleased to see the legal community come payments or to stop the foreclosure. And, as he frankly Access to Justice together to offer their insights and recommendations to stated, he did not have the first clue about how to find continued from page 1 the Judiciary Committee.” help in the process. The 78-page report exhaustively documents through Another witness, a woman who had been repeatedly courts, according to a report released May 6 at a Senate live testimony, and extensive written statements and subject to vicious abuse at home, in desperation appeared Judiciary Committee hearing. The report also observes studies, the magnitude of the problem and the numer- in court on her own, trying to obtain a protection from that the lack of representation negatively affects the courts’ ous negative results of failing to address the fundamental abuse order against her child’s father. She had never been administration of justice and undermines the rule of law, needs among poor Pennsylvanians, whose ranks have in a court before, and did not know to bring witnesses leaving many litigants unable to protect their legal rights swelled in the wake of a recession that began in 2008 and to support her claims. Nor did she know that she could and obtain appropriate remedies. only recently has shown signs of receding. subpoena people to testify about the abuse, and so, in her The report does not stop with evidence of social injus- “Some folks have called this crisis a ‘perfect storm’ of hearing, there were no witnesses to testify on her behalf. tice, however. It goes on to highlight significant economic sustained and severe cuts in federal and state funding Her plea was rejected. downsides that may not be as apparent to the average for legal services,” says Jennifer Clarke, a tri-chair of the In both of these cases, and as many others who had citizen. The report concludes that the unmet need for Coalition, “and a decline in other sources of funding that been to court without a lawyer testified, it was only after legal aid costs the state money, including direct economic has led many legal aid agencies across the state to close they “were lucky enough” to get help from lawyers that benefits statewide and in local communities, and hurts offices, lay off legal staff, and cut back dramatically in the these individuals were able to achieve fair outcomes for taxpayers to the tune of millions of dollars by increasing numbers of clients served. This funding crisis has been themselves and their families. homelessness, failing to prevent domestic violence, and all the more devastating when the numbers of Pennsylva- To address the growing gap between client need and exacerbating other social maladies. These include greater nians needing legal representation and who cannot afford the availability of legal help, the coalition’s report includes unemployment, disruption of children’s education and to pay for it have grown to record highs.” several key recommendations to stanch the harms to those family stability, and residential dislocation due to evictions Sam Milkes, another tri-chair of the Coalition, adds: without lawyers. and mortgage foreclosures that might have been avoided. “State and national studies estimate that, even with the The three most basic recommendations are that the In “Toward Equal Justice for All: Report of the Civil growth of pro bono by lawyers in private law firms, 80 Pennsylvania Supreme Court, as noted, establish an Ac- Legal Justice Coalition,” the 30-member group, which percent of the critical legal needs of low-income people go cess to Justice Commission to develop and implement includes Philadelphia Bar Association representatives, cites unmet for lack of funding and support.” Jim Creenan, a practical and effective ways to expand access to justice. several economic studies across the nation, including a Pittsburgh attorney who serves as the other tri-chair of the This process would call on the Commission to design recent analysis that found that for every additional dollar group, puts it most simply: “There is an enormous need and promote strategies to increase levels of public, private spent on legal aid in Pennsylvania, there is an $11 return for help that current resources just cannot address.” and volunteer resources and funding to address the need to the state and its residents. Perhaps no one makes a better case for expanding legal for more legal representation so dramatically outlined in The coalition recommends the creation of a first-ever services to those whose basic needs are at stake than those the eloquent testimony of ordinary Pennsylvanians at the Access to Justice Commission to serve as a vehicle for individuals with serious legal needs who stepped forward hearings. This recommendation already has a track record studying and implementing measures to expand access to share their stories of struggle for themselves and their to support it; 32 states already have such commissions. to justice. Such a commission would be a kind of “blue families. Their testimony, perhaps more powerfully than Next, the report calls upon the Pennsylvania legislature ribbon” panel that might include judges, legislators, com- any statistics, demonstrate the real-world impact of being to appropriate an additional $50 million each year for munity and business leaders and others seeking ways to unable to get one’s claims – or defenses to claims by others civil legal services to address the immediate crisis in access insure that more Pennsylvanians get a meaningful “day – adequately heard in a courtroom. to justice. Given the benefits on a social and economic in court” when their homes, safety, access to children and One witness, a veteran with a worn but determined level as documented in the report, this expense is one that other basic needs are put at risk in lawsuits filed by public look on his face, testified that, after a lifetime of employ- is likely to be recouped, at least in the long term, with a and private parties. ment, he became unable to work after collapsing from a net gain to Pennsylvania taxpayers. The Judiciary Committee, which conducted hearings heart condition. Without income for the first time in his Finally, the report calls for further work towards estab- in Philadelphia, Harrisburg and Pittsburgh throughout life, he fell behind on his mortgage payments and was lishing a right to counsel in civil legal matters in which 2013 on the issue of access to the courts, accepted the served by the sheriff with foreclosure papers on the small fundamental needs are at stake. Coalition report with appreciation. “Equal access to legal trailer he called home. He did not have the information representation is one of the most critical justice issues we or skills needed to obtain disability benefits that he was Joseph A. Sullivan ([email protected]) is special counsel face today,” said Pennsylvania state Sen. Stewart Green- entitled to, and that could have helped with the mortgage and director of pro bono programs at Pepper Hamilton LLP.

Bench-Bar continued from page 3 must be a registered attendee of the Con- ference to receive this group rate. Once you are registered for the Conference, you will receive instructions on how to reserve your room. Rochelle M. Fedullo, a partner with Wilson Elser Moskowitz Edelman & Dicker LLP and Projects and Program- ming Advisor to the Chancellor, is chair of the 2014 Bench-Bar & Annual Family Law Conference. Section Sponsors for the 2014 Bench-Bar & Annual Conference include Diamond Sponsor, USI Affinity; Signature Sponsor, Love Court Reporting, Inc.; Partner, First Judicial District of Pennsylvania; Gold Sponsor, Insurance Adjustment Bureau; Sponsors, CourtCall LLC, Family Law US Legal Support, Widener University Tracey McCloskey at 215-238-6360 or Silver Sponsors, JAMS The Resolution Section, MCS E-Document Service, Pain School of Law and The Legal Intelligencer. [email protected]. Experts and Robson Forensic; Bronze Management & MRI, Robert Half Legal, For sponsorship information, contact

14 Philadelphia Bar Reporter June 2014 philadelphiabar.org health care reform update from usi affinity 19th Set of FAQs Issued for Affordable Care Act n By Brian McLaughlin For example, if the plan covers 75 percent by USPSTF recommendations, and may reimbursed to plan participants for quali- of the usual, customary, and reasonable not impose any cost-sharing requirements fied medical expenses incurred during the Frequently asked questions (FAQs), amount (UCR) charged for services pro- (such as a copayment, coinsurance, or following plan year, provided that the plan prepared jointly by the Departments of vided out-of-network and the participant deductible) with respect to those items or does not also incorporate a grace period. Labor (DOL), Health and Human Servic- pays the remaining 25 percent of UCR services. The FAQs indicate that unused carry over es (HHS), and the Treasury (collectively, plus any amount charged by the out-of- The USPSTF recommends that clini- amounts are not taken into account when the Departments), have been issued with network provider in excess of UCR, the cians ask all adults about tobacco use and determining if the health FSA satisfies the respect to various Affordable Care Act 25 percent of UCR paid by the participant provide cessation interventions for those maximum benefit payable limit prong (ACA) requirements, including their effect may reasonably be counted, in full or in who use tobacco products. Plans may under the excepted benefits regulations. on COBRA and CHIPRA notices. part, toward the out-of-pocket maximum use reasonable medical management The ACA requires a 4-page sum- The DOL issued updated versions of without including any amount charged techniques to determine the frequency, mary of benefits and coverage (SBC) and the COBRA model general notice and above UCR paid by the participant. method, treatment, or setting for a recom- uniform glossary to be provided to plan model election notice that reflect that the The Departments indicate that a plan mended preventive service, to the extent participants. The Departments will not Marketplace is now open and that better may include only generic drugs toward not specified in the recommendation or impose penalties on plans and carriers describe special enrollment rights in Mar- the out-of-pocket maximum, if medically guideline regarding that preventive service. that are working diligently and in good ketplace coverage. They are available at: appropriate (as determined by the indi- The Departments will consider a group faith to provide the required SBC content www.dol.gov/ebsa/cobra.html. vidual’s personal physician) and available, health plan or health insurance issuer to in an appearance that is consistent with In addition, proposed regulations issued while providing a separate option (not as be in compliance with the requirement to the requirements. The enforcement relief last month indicate that the model notices part of essential health benefits) of electing cover tobacco use counseling and interven- continues to apply; the Departments’ ap- will no longer be contained as an appendix a brand name drug at a higher cost sharing tions, if, for example, the plan or issuer proach to implementation continues to be to the regulations, but solely on the DOL’s amount. If, under this type of plan design, covers without cost-sharing: screening for marked by an emphasis on assisting (rather website. a participant or beneficiary selects a brand tobacco use; and for those who use tobacco than imposing penalties on) plans that The DOL issued a revised CHIPRA name prescription drug in circumstances products, at least two tobacco cessation at- are working diligently and in good faith notice with similar updates related to Mar- in which a generic was available and tempts per year. For this purpose, covering to understand and come into compliance ketplace coverage, available at: http://www. medically appropriate (as determined by a cessation attempt includes coverage for: with the new law. dol.gov/ebsa/compliance_assistance.html. the individual’s personal physician), the Four tobacco cessation counseling sessions The model notices are available in modi- plan may provide that all or some of the of at least 10 minutes each (including Brian McLaughlin (Brian.McLaughlin@usiaf- fiable, electronic form. amount paid by the participant or ben- telephone counseling, group counseling finity.com) is vice president of USI Affinity’s Effective the first plan year that begins eficiary (e.g., the difference between the and individual counseling) without prior Benefit Solutions Group. on or after Jan. 1, 2014, all non-grandfa- cost of the brand name drug and the cost authorization; and All Food and Drug thered group health plans must comply of the generic drug) is not required to be Administration (FDA)-approved tobacco For more information about insurance you can access the Phila- delphia Bar Association Insurance Exchange at ww.usiaffinityex. with annual cost-sharing limitations on counted towards the annual out-of-pocket cessation medications (including both com/Philadelphia Bar. For Lawyers’ Professional Liability and oth- out-of-pocket maximums that are the same maximum. For ERISA plans, the SPD prescription and over-the-counter medi- er business coverage, you will still use the Philadelphia Bar Asso- as the limits that apply to HSA-qualified must explain which covered benefits will cations) for a 90-day treatment regimen ciation Insurance Program website at www.mybarinsurance.com/ Philadelphia Bar. If you want to talk to someone about insurance high deductible health plans. not count towards an individual’s out-of- when prescribed by a health care provider and benefits options for Philadelphia Bar Association members, With respect to an out-of-network pocket maximum. without prior authorization. call USI Affinity Benefit Specialists at 855-874-0267. provider, the amount in excess of the In determining whether a generic is These are examples only. It is possible to For more than 75 years, the divisions of USI Affinity have devel- allowed amount (also known as balance medically appropriate, a plan may use a satisfy this preventive care mandate with- oped, marketed and administered insurance and financial programs that offer affinity clients and their members unique advan- billing) does not have to count toward the reasonable exception process. For example, out offering all of the items listed above, tages in coverage, price and service. As the endorsed broker of the out-of-pocket maximum. In the FAQs, the plan may defer to the recommendation but employers so doing should consult Philadelphia Bar Association and more than 30 other state and lo- the Departments indicate that a plan that of an individual’s personal physician. with counsel. cal bar associations, and with more than 30,000 attorneys insured, USI Affinity has the experience and know-how to navigate the chooses to count out-of-network spending A non-grandfathered group health plan Health FSAs may now allow up to $500 marketplace and design the most comprehensive and innovative towards the out-of-pocket maximum may must provide coverage for in-network pre- of unused amounts remaining at the end insurance and benefits packages to fit a firm’s individual needs. use any reasonable method for doing so. ventive items and services, as determined of a plan year in a health FSA to be paid or Clark Featured as Business Giant Business Law Section Chair Michael D. Ecker (from left), Lisa Jacobs and Wil- liam H. Clark Jr. gather at the Section’s Second Annual Giants of the Business Bar program at Eckert Seamans Cherin & Mellott, LLC on April 23. The program recognizes legal giants who have had a significant impact on the practice of business law in Philadelphia and beyond. Clark is best known for his work writing the Pennsylvania business corporation and other entity laws. Jacobs served as moderator. Photo by Jeff Lyons philadelphiabar.org June 2014 Philadelphia Bar Reporter 15 YLD Update Diversity Reception, Speed Networking Highlight June June is here, with By Edward F. Beitz think) a better person. summer right behind. The Diversity Reception Along with the warm is free to Bar members, weather comes one of and only $15 to non- the Young Lawyers Di- members. vision’s finest traditions, June also brings a the annual Diversity new event to the Bar Reception. Each year, Association calendar. the YLD awards five Back in January, I was scholarships to students approached by Mike of diverse backgrounds. Ecker, chair of the Busi- The goal of the YLD Di- ness Law Section, and a versity Scholarship is to member at Eckert Sea- identify and support future leaders in the mans Cherin & Mellott, LLC, about his profession from diverse backgrounds who idea for a business development mentor- demonstrate both a desire and commit- ing event. For all the great legal seminars ment to practicing law in the Philadel- and educational opportunities available phia area. to help attorneys better serve their clients, If you have never attended, I highly there seems to be a lack of practical recommend registering for this event, instruction on how to get those clients in which will take place on Wednesday, June the first place. Certainly, I missed the class 11 at Chima Brazilian Steakhouse, 1901 on legal networking when I was in law John F. Kennedy Blvd. This year the YLD school. one aspect of networking (e.g., working time for networking. The ability to meet, is honored to have Judge C. Darnell Jones Mike’s idea was to offer some practical a room), the attendees would move to connect, impress and retain new clients II of the Eastern District of Pennsylvania lessons and advice on effective network- the next table and hear from a different is an invaluable skill for attorneys, just as our keynote speaker. The Diversity ing techniques, like how to work a room, networking mentor on a different topic like legal writing and oral advocacy. I am Reception, among a number of other Bar fine-tune an elevator speech, and how to (e.g., the elevator speech). glad to be part of this effort to help young Association programs, is a great reminder appropriately follow up with, and main- One of the great things about work- attorneys build their own client base, and about the value of diversity, if for no other tain, new contacts. Rather than a panel ing with the Bar Association is that, in looking forward to learning a few things reason than the exposure to other points format, Mike suggested a more interactive just five months, this idea went from a myself. of view. At least for me, learning about program. Participants would be grouped discussion to a reality. On Wednesday, folks from a different background or walk at tables with an experienced and success- June 25 at 5:30 p.m., the Business Law Edward F. Beitz (beitze@whiteandwilliams. of life has helped me identify and appreci- ful mentor in the art of making connec- Section and the YLD will present a “speed com), an associate with White and William ate our similarities. It makes me a better tions. After an opportunity to hear some mentoring” event, also taking place at LLP, is chair of the Young Lawyers Division. advocate, a better neighbor and (I like to tips and tactics, and ask questions about Chima. This two-hour event will include YLD Members Fan Out for Law Week Activities

YLD volunteers at Free Library of Philadelphia locations offered free legal advice on April 28. Drinker Biddle & Reath LLP sponsored the Legal Advice Live program at the Donatucci Branch with volunteers Rachel Share, Andrew Reeve and Katie Bailey. Blank Rome LLP (left) volunteers Juan Cruz, Rachel Gallagher, Mela- nie Carter, Antonio Burrell, Kaitlin Picco and Maribel Rivera visited the Ramonita de Rodriguez Branch; and White and Williams LLP volunteer Michael Jervis (top left), along with Siobhan Cole, Vincent Barbera and Kimberly Havener worked the Haverford Branch. Eileen Murphy and Matthew T. Stone (above) were among the volunteers at the Library’s Central Branch.

16 Philadelphia Bar Reporter June 2014 philadelphiabar.org Philadelphia Court of Common Pleas Judges (from left) George W. Overton, Marlene F. Lachman, Annette M. Rizzo, Lisette Shirdan-Harris, Idee C. Fox and John Coyle, Eileen Murphy, Brian Kisielewski (who played the giant), Daniel Angeles Roca were among those who presided over Goldilocks and Jack and J. Gillin (who played Jack) and Neill W. Clark were the trial team for the case the Beanstalk trials in City Hall on May 2. Also shown are Chancellor William P. against Jack of Jack and the Beanstalk fame on May 2. Other courtrooms fea- Fedullo and Chancellor-Elect Albert S. Dandridge III who addressed the student- tured the trial of Goldilocks and one session was held in Spanish. jurors before the trials.

Drexel University School of Law Prof. Donald F. Tibbs (left) spoke to Philadelphia high school students at the conclusion of Lawyer for a Day activities on May 2. This Law Week program involved attorneys taking groups of students into courtrooms to watch trial proceedings and meet with judges. Photos by Jeff Lyons Young Lawyers Division Vice Chair Erin Lamb talks with seventh-graders at Gen. George A. Young Lawyers Division Chair Edward F. Beitz, Vice Chair Erin Lamb and Chair-Elect Maria E. Bermudez examine McCall School about her job. Attorneys visited posters submitted by elementary school posters for the Law Week Poster Contest. A Law Week essay contest for classrooms talking to students from elementary high school students brought in more than 50 essays for consideration. to high school about careers in the law. philadelphiabar.org June 2014 Philadelphia Bar Reporter 17 Brown continued from page 1 Web Check Atkinson Jr., partner and chief diversity Visit philadelphiabar.org to watch the officer, Duane Morris LLP; Philadelphia Brown vs. Board of Education video. Bar Association Chancellor-Elect Albert S. Dandridge III, partner, Schnader Har- rison Segal & Lewis LLP; Judge James T. but in the North. These schools are try- Giles (ret.), of counsel, Pepper Hamil- ing to educate children with inadequate ton LLP; U.S. District Court Judge C. resources. Darnell Jones II; Judge Lydia Y. Kirkland “There’s no excuse for that. Phila- (ret.), president, The Judicial Council, delphia’s public schools would be more Clifford Scott Green Chapter; Charisse integrated if more parents of every race R. Lillie, vice president of community could depend on them to provide a investment, Comcast Corporation and quality education in a clean, safe environ- president of the Comcast Foundation; ment. Philadelphia’s schools could be U.S. Court of Appeals Chief Judge better funded and staffed if the people Theodore A. McKee; Bernard W. Smalley who should care the most about the city’s Sr., senior counsel, Tucker Law Group schools stopped looking elsewhere for LLC; U.S. District Court Chief Judge answers. If the city needs a bigger tax base Petrese B. Tucker; Philadelphia Bar As- to fund education, then it should put sociation Chancellor William P. Fedullo; more money into the schools to make and Barristers’ Association of Philadelphia them more attractive to people with the President Amber Racine. The video can means to pay higher taxes. Those taxpay- be seen at philadelphiabar.org. ers would include 21st-century businesses “I really don’t think the majority of that need a well-educated workforce, black parents in Birmingham in 1959 which means as much to them or more thought their children would ever attend than incremental decreases in a wage tax,” integrated schools,” Jackson said. “But Jackson said.

more did begin considering that possibil- Photo by Jeff Lyons Finally, if you want better schools, ity after the Brown decision was quickly Former Mayor and Gov. Edward G. Rendell was among the speakers at the anni- Jackson said you need better students. followed in 1955 by Martin Luther versary event at Mother Bethel A.M.E. Church. More than 100 people attended. “Most of the children in Philadelphia’s King’s successful boycott to integrate you hear, gaining control rarely involved to go. “I was doing just fine at Samuel schools have dreams and aspirations that Montgomery’s buses.” corporal punishment, although it was Ullman High School when they decided they know can only be achieved with a Jackson told the audience he went to allowed. Oh, and by the way, we were still to close it before my senior year. I was good education – and that’s what they college with Cheryl Brown, the younger taught art and music,” he recalled. reassigned to Ramsay High School, which want. They don’t lack the intellect to suc- sister of Linda Brown, whose family filed “Rather than discuss the academic already had a small number of black of ceed, they lack the tools and they lack the the lawsuit against the Topeka, Kansas, limitations we faced, our teachers were students, but in 1970 it suddenly became encouragement. Too many sell themselves Board of Education that led to the 1954 constantly telling us that the only obstacle 50 percent white and 50 percent black.” short because no one is pushing them. Supreme Court decision that all public to achieving any goal was ourselves. I Jackson said he had been around white They don’t need coddling. They don’t schools in America should be integrated. truly believed them when they kept a kids before, through his church. But need to be mislabeled as academically In the meantime, Jackson said black straight face and said we could grow up he found the Ramsay kids were quite challenged. Or given grades they don’t children in Birmingham continued to to be president. That doesn’t mean every different. “I had never considered that deserve to make them feel good about attend segregated schools under the so- child became a successful adult. I grew up some white teenagers took drugs, abused themselves,” he said. called “separate but equal” system, which with more than a few who ended up on alcohol, and had unwanted pregnancies. “We certainly didn’t get that in Bir- did an excellent job of keeping blacks the outs, as people used to say. But given I never saw any of that on ‘Leave it to mingham’s segregated schools. What we and whites separate, Jackson said, but the circumstances, it’s surprising that so Beaver’ or ‘Father Knows Best.’ ” did get was the truth: You don’t have to deserved an “F” in the equal category. many of us did succeed. I give credit to But the biggest shock for Jackson was lower your goals because they are higher Black schools were given outdated books, a corps of dedicated teachers, who in an to finally see the academic advantages than anything you see around you. Living if any. They lacked adequate supplies integrated world might have chosen more that a white school had, advantages that, in a deprived neighborhood just means and resources, and classrooms were often lucrative professions. And I give credit to despite the Brown decision, black schools you have to work harder to get out of it,” packed because there weren’t enough parents, like mine, who believed fervently continued to be denied. he said. teachers. “Yes, I know, some of you are that education lowers all barriers.” “It wasn’t just the quality of the books, saying I’m describing today’s schools. And Those parents included the Rev. John the equipment in the science labs, or the isn’t that a shame?” Rice, the pastor of Jackson’s church, more appealing dietary choices in the Jackson said black students weren’t who was the father of another child who cafeteria that got me. It was my recogni- Podcast constantly being reminded of the started her education in Birmingham’s tion that I had not learned as much as obstacles to their achievement that they segregated schools around the same time students in my class, black and white, Spotlight couldn’t control. “We didn’t think about as Jackson. “We all knew Rev. Rice’s who had always attended Ramsay. That Visit philadelphiabar.org for a pod- our books being old, because our teachers daughter was special, especially when we “ah-ha” moment could have prompted cast from this Bar Association event. rarely if ever mentioned it. We didn’t saw the 10-year-old playing hymns on the me to simply admit I wasn’t as good as think about sharing books, because that piano for the adult choir. But we never those students. Instead, it motivated me was just the way it was. If our classrooms thought that Condoleezza would grow to prove I was better. And in the end, I Use your lacked supplies to do certain projects, we up to one day become the first African was voted the boy “most likely to suc- QR code didn’t do them. Teachers were expected American woman appointed secretary of ceed” in my senior class.” reader to link directly to to control their classrooms – and they state,” he said. But today’s reality, Jackson said, is this resource. did, or got help from the principal or a When it came time for Jackson to at- that 60 years after Brown, we again have gym teacher. And despite all those stories tend an integrated school, he didn’t want segregated schools, not only in the South

18 Philadelphia Bar Reporter June 2014 philadelphiabar.org Quarterly Meeting continued from page 1 Bar Year Clubs to Add 73 Members Seventy-three new members of S. Gottlieb, Jay L. Goldberg, Stephen J. R. Sylvester, Clayton H. Thomas Jr. and and has furthered the advancement of the Philadelphia Bar Association’s 50-, Harmelin, John L. Harrison Jr., Martin Barry Waxman. women in both the profession and the 60-, 65- and 70-Year Clubs will be G. Heckler, Roger W. Herrell, Ellis R. 60-Year Club community. honored at the June 9 Quarterly Meeting Jacobs, Arthur S. Karafin, Morris C. Jerome R. Balka, Frederick Blumberg, Judge Moss retired from the First & Luncheon for their years of service to Kellett, Laurence A. Krupnick, Alan John Butterworth, Samuel E. Dennis, Judicial District of Pennsylvania on the bar. Former Chancellor David H. R. Kutner, Norman Leibovitz, Arnold Louis S. Fine, Judge William A. King Jr., Nov. 1, 2013 to become executive Marion will speak on behalf of his fellow Levin, Howard H. Lewis, Morton H. Paula R. Markowitz, Daniel I. Murphy, director of the Stephen and Sandra Year Club members at the event. The Mailman, David H. Marion, Robert H. Judge Thomas N. O’Neill Jr., Richard B. Sheller Center for Social Justice at following is a list of Year Club honorees Messerman, Allen M. Metzger, Christian Pearl and Richard A. Sprague. Temple University Beasley School of for 2014: Miller, H. Laddie Montague, Benjamin 65-Year Club Law. She began her term on the bench 50-Year Club R. Neilson, James M. Orman, Mark H. Richard P. Brown, Otis W. Erisman, in the Court of Common Pleas in Herbert Bass, Judge Michael M. Plafker, Manny D. Pokotilow, Herbert Gordon W. Gerber, Lewis P. Green, John 1984. Baylson, Earl T. Britt, Edmund P. Butler, S. Riband Jr., Michael J. Rotko, Alan A. A. Shrader, Augustus R. Sigismondi, Judge Higginbotham was the first Judge Francis P. Cosgrove, Stephen A. Sanders, Joseph C. Santaguida, Stuart H. William A. Silver, Ralph S. Snyder and African American to serve on the U.S. Cozen, Thomas F. Cunnane, Judge Vic- Savett, Richard B. Schwartz, Stephen A. Kimber E. Vought. District Court for the Eastern District tor J. DiNubile Jr., Lowell H. Dubrow, Sheller, Richard M. Shusterman, Burton 70-Year Club of Pennsylvania. Judge Higginbotham Barry H. Frank, David A. Franklin, Ted K. Stein, Robert J. Stern, James A. Straz- Joseph Shanis also served as chief judge of the Third C. Ginsberg, Henry A. Gladstone, Jay zella, Samuel T. Swansen, Judge Esther Circuit Court of Appeals. A legal and civics giant and scholar, he was a lifelong champion of individual rights, with a career that spanned nearly half a June CLE Calendar century. These CLE programs, cosponsored by the Philadelphia Bar Association Judge McKee was sworn in as a judge will be held at The CLE Conference Center of the U.S. Court of Appeals for the Wanamaker Building, 10th Floor, Suite 1010, Juniper Street entrance Third Circuit on June 20, 1994, and unless otherwise noted. became chief judge on May 4, 2010. Judge McKee began his legal career at Wolf, Block, Schorr & Solis- Cohen, but left there in 1977 to Live & Simulcast Seminars Simulcasts from PLI begin his career in public service. He Save yourself the time and expense of an overnight trip to New June 2 • Business Insurance has since been an Assistant United York City, and take advantage of the specialized educational June 3 • Protecting Your Nest Egg programs for which PLI is famous. States Attorney, Deputy Solicitor to June 4 • Valuing the Small Business in Divorce the Law Department of the City of June 6 • Fair Credit Reporting Act: A Primer June 2 • Hot Topics in Advertising Law Philadelphia, and General Counsel to • A Family of Laws for the Family Lawyer June 3 • Negotiating Real Estate Deals June 4 • Global Capital Markets & the U.S. Securities Laws the Philadelphia Parking Authority. June 9 • Sheriff’s Sales in Pennsylvania June 10 • Recent Developments in Assessment Law in Pennsylvania June 5-6 • Acquiring or Selling the Privately Held Company He was elected to a 10-year term as • Insurance Coverage and Confl icts June 9 • International Arbitration a judge of the Court of Common June 11 • 2014 Technology Institute June 10 • International Employment Law Pleas for the First Judicial District of June 13 • Evidence for Trial Lawyers June 20 • Audit Committees & Financial Reporting Pennsylvania. While a judge of the June 16 • Trying a Case in State Court June 23 • Fundamentals of Broker-Dealer Regulation June 24 • Internal Investigation Court of Common Pleas, Judge McKee June 17 • The Lifelong Impact of a Criminal Record • Making mistakes—the unexpected key June 30 • 15th Annual Private Equity Forum chaired the Pennsylvania Sentencing to improving your practice Commission. He was appointed to June 18 • General Practitioners’ Update the Court of Appeals by President Bill • ADA Primer: Reasonable Accommodation in the Workplace Clinton shortly after being retained for • Shareholder Agreements Distance Education — Live Webcasts June 19-20 • Land Use Institute-2014 a second 10-year term on the Court of Live Webcasts June 23 • How Good Lawyers get into Bad Ethical Trouble If you can’t watch it live, sign up now & get credit when you watch it Common Pleas. • How to Review a Custody Evaluation and Prepare for Trial later (you’ve got 3 months after the webcast date). The June Quarterly Meeting June 24 • Common Abuses of Powers of Attorney June 2 • Business Insurance is sponsored by PNC Wealth June 25 • Writing for Lawyers June 3 • Protecting Your Nest Egg Management. • Fundamentals of Personal Injury June 4 • Valuing the Small Business in Divorce June 26 • Representing Physicians and Dentists June 5 • Recent Developments in Assessment Law in Pennsylvania June 30 • Finding the Trial Story June 6 • A Family of Laws for the Family Lawyer June 9 • Sheriff’s Sales in Pennsylvania June 10 • Insurance Coverage and Confl icts June 11 • 2014 Technology Institute Video Seminars June 12 • Fair Credit Reporting Act: A Primer Web Check June 17 • The Lifelong Impact of a Criminal Record June 4 • Anatomy of a Software License June 18 • ADA Primer: Reasonable Accommodation in the Workplace Visit philadelphiabar.org for tickets June 5 • The Strategic Negotiator June 23 • How Good Lawyers get into Bad Ethical Trouble to the June 9 Quarterly Meeting. June 9 • Appellate Brief Writing June 24 • Writing for Lawyers June 12 • Civil Practice in Magisterial District Court June 25 • General Practitioners’ Update June 13 • 17th Annual Family Law Update June 16 • Android for Lawyers Use your June 17 • IP Law Primer  www.pbi.org  800-932-4637 QR code June 23 • Vehicle Stops and Searches in Pennsylvania reader to link June 26 • Nonprofi t Series: How to Start and Run a Nonprofi t directly to this resource.

philadelphiabar.org June 2014 Philadelphia Bar Reporter 19 behind the bench PNC Perspectives Volatility and Retirement Assets City Judges Market volatility – the daily changes in the prices of stocks or bonds Stay Active – is an important topic that deserves special consideration when managing Out of Court retirement and pre-retirement assets. It certainly affects the value of one’s retire- susceptible to market or during retirement ment portfolio. In this month’s inter- declines should plan for By Carol Claytor brings with it differ- n By Judge Karen Shreeves- view I sat down with Kevin Wilson, this eventuality. ent characteristics in Johns senior investment advisor with PNC What are the main that you sometimes Wealth Management®, to discuss how considerations when are no longer work- There is more to being a judge than to deal with the inevitable volatility as it developing a retirement ing, your investment the traditional, sedentary nature of the job relates to retirement planning. strategy? holding period is that most people imagine. What causes market volatility? While volatility shorter, and the need is A few times a week, judges of the First There are many things that cause cannot be eliminated, there to confirm assets Judicial District of Pennsylvania doff their market volatility, including reactions to it is important to plan last throughout your robes and don their cleats to participate on economic data and global conditions, your retirement strategy retirement period. the FJD’s softball team. The team plays in market news, world events, political dis- with an understanding These situations may the Philadelphia Lawyers Softball League, ruptions, unforeseen catastrophic events, of market fluctuations decrease your risk which is made up of teams drawn from expectations about the future, corporate and their consequences, tolerance level. It’s around the city. Participation in the league announcements, and so on. While the as well as your individual tolerance for important not to panic with volatility. fosters sportsmanship, teamwork and timing and severity of volatility are volatility. Retirees, who may rely on Rather, creating a long-term strategy and physical fitness. generally unpredictable, the presence of investment dollars and income, and not swaying from it with market moves The FJD team won the Ben Franklin Di- market volatility over time is virtually pre-retirees are particularly vulnerable is the best way to achieve retirement vision after an undefeated season last year. assured. to market shifts. The primary consid- investment goals. The team is comprised in part of Common What role does time horizon play erations when developing a retirement Pleas and Municipal Court judges. Judges when considering the effects of volatil- strategy include having appropriate asset Carol Claytor can be reached at carol.clay- Daniel Anders, Bradley Moss and Wendy ity on one’s retirement portfolio? allocation, rebalancing systematically, [email protected] or 215-585-5679. For more Pew (in her first season) look to repeat their Volatility has proven to be easier to building a cash cushion, establishing an information, visit pnc.com/wealthmanage- success this year. weather when investing over a long income floor, and staying invested. ment Common Pleas Judges Anders, Alice investment holding period. Market How does appropriate asset al- Dubow, Diana Anhalt, Barbara McDer- declines are not predictable, so trying to location help to protect a retirement The material presented in this article is of a general nature and mott, Ann Butchart, and others also par- does not constitute the provision by PNC of investment, legal, time them is an unreliable tactic. What portfolio against market volatility? tax or accounting advice to any person, or a recommendation ticipate on the FJD running team, “Gavel we do know is that over the long term Asset allocation is at the heart of in- to buy or sell any security or adopt any investment strategy. to Gravel,” in which they promote health stocks have tended to produce signifi- vesting for retirement because it includes Opinions expressed herein are subject to change without no- and wellness. Their slogan, “We Run the tice. The information was obtained from sources deemed reli- cant positive real returns, that is, returns an understanding of and risk tolerance able. Such information is not guaranteed as to its accuracy. Courts” is certainly fitting. after inflation. We also know by looking level for many things, including volatil- You should seek the advice of an investment professional to Judge Anders, running ahead of the at history that the longer-term upward ity. A mix of assets can reduce volatility tailor a financial plan to your particular needs. For more infor- pack, also participates in marathons and trend in stocks includes shorter periods through diversification. We believe mation, please contact PNC at 1-888-762-6226. other such events. This year, Judge Anders The PNC Financial Services Group, Inc. (“PNC”) uses the of market declines or disruptions. An selecting an appropriate asset allocation names PNC Wealth Management®, Hawthorn, PNC Family competed in an ultra run with the Back investor rarely experiences the average in is a good place to start to manage your Wealth® and PNC Institutional Investments® to provide in- On My Feet program, running 34 miles any given year; rather the investor can retirement portfolio and volatility. vestment and wealth management, fiduciary services, FDIC- in approximately six hours. And even on insured banking products and services and lending of funds experience significantly higher- or lower- What does the term “income floor” through its subsidiary, PNC Bank, National Association, which vacation, Judge Anders keeps his running than-average returns. refer to? is a Member FDIC, and uses the names PNC Wealth Manage- shoes close by. In the past year alone, he has How much volatility might an in- “Income floor” pertains to cash gener- ment® and Hawthorn, PNC Family Wealth® to provide cer- completed 10 to 15 mile running tours of vestor expect to see in any given year? tain fiduciary and agency services through its subsidiary, PNC ated from a retiree’s investment portfolio. Delaware Trust Company. Brokerage and advisory products Montreal, San Francisco, and Shanghai. The declines during a calendar year Retirees dependent on monthly income and services are offered through PNC Investments LLC, a reg- Not to be outdone, Judge Moss regularly can be steep, averaging close to 15 per- streams may find an income floor ap- istered broker-dealer and investment adviser and member of takes his experience as an arbiter out to the cent, even if the final result for that year proach reassuring. The income floor FINRA and SIPC. Insurance products and advice may be pro- diamond. He volunteers with the Fair- vided by PNC Insurance Services, LLC, a licensed insurance is satisfactory. Without proper planning, method can bring peace of mind. While agency affiliate of PNC, or by licensed insurance agencies that mount Sports Association as a head umpire a retiree could make less-than-optimal markets may fluctuate, the portfolio is are not affiliated with PNC; in either case a licensed insurance in a boys’ baseball league. The Association decisions should the market environ- structured to generally yield enough to affiliate will receive compensation if you choose to purchase is the oldest youth sports league in Center insurance through these programs. A decision to purchase in- ment prove difficult. Many retirees were help cover basic needs. Through this surance will not affect the cost or availability of other products City Philadelphia. Judge Moss uses his best faced with such circumstances after the method we would structure the income or services from PNC or its affiliates. Hawthorn and PNC do judgment rendering important decisions technology bubble burst in the early floor portion to help meet such needs not provide legal or accounting advice and neither provides that impact the outcome of little league tax advice in the absence of a specific written engagement for 2000s; following the events of Sept. 11, while maintaining a portfolio asset allo- Hawthorn to do so. games. 2001; and during the financial crisis and cation that is aimed at preserving capital, “PNC Wealth Management,” “Hawthorn, PNC Family Wealth” Despite their judicial commitments, subsequent market declines in 2008- managing risks, and attempting to ward and “PNC Institutional Investments” are registered trade- these judges find time to support and 09. Since the S&P 500® historically has off inflation. marks of The PNC Financial Services Group, Inc. encourage others to participate in physical Investments: Not FDIC Insured. No Bank Guarantee. May experienced a large decline – defined as a Why is it important to stay invested Lose Value. Insurance: Not FDIC Insured. No Bank or Federal fitness activities. 20 percent drop in stock values – about during retirement, even in the face of Government Guarantee. May Lose Value.© 2014 The PNC Fi- every 2 1/2 years, retirees and pre-retirees volatility? nancial Services Group, Inc. All rights reserved. Judge Karen Shreeve-Johns is a judge with the (those nearing retirement) who are more Managing retirement assets just before Philadelphia Court of Common Pleas.

20 Philadelphia Bar Reporter June 2014 philadelphiabar.org CALENDAR OF EVENTS

Note: While the following listings have been verified prior to press time, any scheduled mittee: meeting, 12 p.m., 10th Floor mittee: meeting, 12 p.m., 10th Floor event may be subject to change by the committee or section chairs. Lunches are $8 for mem- Board Room. Board Room. bers and $12 for non-members, unless otherwise indicated. Tuesday, June 17 Tuesday, June 24 Monday, June 2 Walnut streets. Tickets: philadelphiabar. Cabinet: meeting, 12 p.m., 10th Floor Criminal Justice Section: meeting, 12 Family Law Section: meeting, 12 p.m., org. Board Room. p.m., 11th Floor Conference Center. 11th Floor Conference Center. Lunch: Tuesday, June 10 Civil Rights Committee: meeting, 12 Lunch: $8. $8. Real Property Section Executive Com- p.m., 11th Floor Conference Center. Women in the Profession Committee: Tuesday, June 3 mittee: meeting, 12 p.m., Zarwin Baum Lunch: $8. meeting, 12 p.m., 10th Floor Board Employee Benefits Committee: Committee on the Legal Rights of Per- DeVito Kaplan Schaer, Toddy, P.C., meet- Room. Lunch: $8. ing, 12:30 p.m., 11th Floor Committee sons with Disabilities: meeting, 9 a.m., 1818 Market St., 13th Floor Wednesday, June 25 Room South. Lunch: $8. 11th Floor Committee Room South. Criminal Justice Section Executive Com- LGBT Rights Committee: meeting, 12 Philadelphia Bar Reporter Editorial mittee: meeting, 12:30 p.m., 10th floor Wednesday, June 18 p.m., 11th Floor Committee Room Board: meeting, 12:30 p.m., 10th Floor Board Room. Young Lawyers Division Cabinet: meet- South. Cabinet Room. Wednesday, June 11 ing, 12 p.m., 11th Floor Committee Medical Legal Committee: meeting, 12 Wednesday, June 4 Rules and Procedure Committee: meet- Room. p.m., 11th Floor Conference Center. LegalLine: Delivery of Legal Services Committee: ing, 12 p.m., 11th Floor Conference 5 p.m., 11th Floor LRIS Lunch: $8. offices. meeting, 8:30 a.m., 10th Floor Board Center. Lunch: $8. Thursday, June 26 Room. YLD Diversity Reception: 6 p.m., Chima Thursday, June 19 Elder Law Committee: meeting, 12 p.m., Apple Tech Academy Series: 8:30 a.m., Brazilian Steakhouse, 1901 JFK Blvd. Family Law Section Executive Com- 10th Floor Board Room. Lunch: $8. Apple Store, 1607 Walnut St. Thursday, June 12 mittee: meeting, 12 p.m., 11th Floor Law School Outreach Committee: meet- Immigration Law Committee: meeting, Law School Outreach Committee: meet- Committee Room South. ing, 12 p.m., 11th Floor Conference 12 p.m., 10th Floor Board Room. ing, 12 p.m., 11th Floor Conference Law School Outreach Committee: meet- Center. Law Firm Laboratory: seminar, 12 p.m., Center. ing, 12 p.m., 11th Floor Conference Lawyer Referral and Information Service 11th Floor Conference Center. Lunch: Legislative Liaison Committee: meet- Center. Committee: meeting, 12 p.m., 11th $8. ing, 12 p.m., 10th Floor Board Room. Friday, June 20 Floor Committee Room South. Board of Governors: meeting, 4 p.m., Thursday, June 5 Lunch: $8. Social Security Disability Benefits Com- 10th Floor Board Room. Law School Outreach Committee: meet- Friday, June 13 mittee: meeting, 12 p.m., 11th Floor Friday, June 27 ing, 12 p.m., 11th Floor Conference Federal Bench-Bar Conference: 8 a.m., Conference Center. Lunch: $8. Center. Rittenhouse Hotel. Register at pbi.org. Senior Lawyers Committee: meeting, 12 Cyberspace and E-Commerce Commit- Compulsory Arbitration Committee: Delivery of Legal Services Committee p.m., 10th Floor Board Room. tee: CLE program, 12:30 p.m., 11th meeting, 12 p.m., 10th Floor Board Network Subcommittee: meeting, 10 The Philadelphia Lawyer Editorial Board: Floor Conference Center. Lunch: $8.50. Room. Lunch: $8. a.m., 10th floor Board Room. meeting, 12:30 p.m., 11th Floor Com- Monday, June 30 mittee Room South. Friday, June 6 Civil Gideon Access to Justice Task Young Lawyers Division: Live, Lunch Workers’ Compensation Section Execu- Force: meeting, 12 p.m., 10th Floor Monday, June 23 and Learn program, 12 p.m., 11th tive Committee: meeting, 10:30 a.m., Board Room. Young Lawyers Division Executive Com- Floor Conference Center. Lunch: $8. 11th Floor Committee Room South. Monday, June 16 Workers’ Compensation Section: meet- Philadelphia Bar Foundation Golf and Register online for most events at philadelphiabar.org. Unless otherwise specified, all checks ing, 12 p.m., 11th Floor Conference Tennis Classic: 10 a.m., Philadelphia for luncheons and programs should be made payable to the Philadelphia Bar Association and Center. Lunch: $8. Cricket Club, 415 W. Willow Grove mailed to Bar Headquarters, 1101 Market St., 11th fl., Philadelphia, PA 19107-2955. Send Monday, June 9 Ave., Philadelphia. Register at philabar- Bar Association-related calendar items 30 days in advance to Jeff Lyons, Senior Managing Edi- Quarterly Meeting and Luncheon: 12 foundation.org. tor, Philadelphia Bar Reporter, Philadelphia Bar Association, 1101 Market St., Philadelphia, p.m., Hyatt at The Bellevue, Broad and Public Interest Section Executive Com- PA 19107-2955. Fax: (215) 238-1159. Email: [email protected].

of mine who can now marry in Pennsylvania or be assured Fletman who both spoke out courageously at the incep- Frontline that their marriage in another state is recognized in Penn- tion of this movement. There are many others to thank in- continued from page 3 sylvania. There are so many to thank for this wonderful cluding Michael Viola, Rebecca Levin, Larry Felzer, Judge victory. The lawyers from the ACLU and former Chan- Dan Anders, Judge Ann Butchart, Rue Landau and many, recognizes the separation of church and state. It is mislead- cellor Mark Aronchick and his firm Hangley Aronchick many others, including supporters such as Jeff Lindy. ing to think of same-sex marriage as strictly a social issue as should be especially commended. Mark and his firm spent Finally, our thoughts are also with the memory of opposed to a legal issue. Marriage, as an institution, affects countless pro bono hours on this case and we are very David Rosenblum, who died much too young and a little more than 500 things in your legal life. To think it is only proud of their efforts. Mark assures me that he will still do too early to see Judge Jones’ decision. I think of how pas- a social issue and not a legal issue is really missing the a Chancellor’s Forum, but now from a winning perspec- sionate and devoted David was to the cause of equal rights point. Because of the separation of church and state, you tive. for all. I think that it would be a fitting tribute that all the should respect gay marriage from a legal standpoint. For Obviously we are thankful for the wisdom and insight couples who are about to be married in Philadelphia and instance, you cannot logically say divorce is alright but gay and brilliant legal opinion by Judge Jones. We would love Pennsylvania thanks to this decision, make a special toast marriage isn’t, because both are against the tenets of some to bring him to Philadelphia for a Chancellor’s Forum. to David as they celebrate their own special day. I think religions, but those religious bans should not impact what Again, I want to thank the leadership in our LGBT David would like that. we do civilly. No one whom I know of in the legal com- legal community. I will mention only a few of you but all munity says seriously that divorce should be disallowed on of you deserve our gratitude. Among the initial leaders in William P. Fedullo ([email protected]), counsel to religious grounds. forming the LGBT Committee, we must thank one of Rosen, Schafer & DiMeo LLP, is Chancellor of the Philadelphia On a personal note, I am so happy for the many friends my predecessors as Chancellor, Andy Chirls, and Abbe Bar Association. philadelphiabar.org June 2014 Philadelphia Bar Reporter 21 People

Tiffani L. Mc- Donough, an associate with Obermayer Rebmann Maxwell & Hippel LLP, was the featured speaker at the “Fashion Talks! Twelve members of the Philadelphia Bar Association were sworn in May 5 to Speaker Series Work- practice before the U.S. Supreme Court in Washington, D.C. The group also got to chat with Justice Ruth Bader Ginsburg, who stopped by to congratulate them Justice Cor- Pennsylvania Supreme Court shop” at New York Law School where she on their induction. Pictured from left are Lisa M. Shapson, Aneesh A. Mehta, reale F. Stevens (left) and Pennsylvania discussed labor and employment issues Margaret Klaw, Robert W. Muench, Eric H. Weitz, Anthony J. Gallo, Chancellor Superior Court President Judge Emeritus affecting the fashion industry. William P. Fedullo, Thomas Ivory, Paul E. Bomze, Megan Watson, James Funt John T. Bender were recently honored by and Phyllis M. Parker. Superior Court for their past service as Peter F. Vaira of president judge of the court. Greenblatt, Pierce, Lloyd Freeman, David L. Ladov and Stephanie Winegrad, Engle, Funt & Flores an associate with partners with Obermayer Rebmann Andrea Toy Ohta, a has had his book Archer & Greiner Maxwell & Hippel LLP, presented at the partner with Pepper “2014 Pennsylvania P.C., moderated a Pennsylvania Bar Institute’s Family Law Hamilton LLP, has Federal Practice May 13 debate for Institute. been selected for Rules (Annotated)” candidates seeking the 2014 Fellows published by Gann to represent New Michael L. Detwei- Program of the Lead- Law Books. Jersey’s 1st Congres- ler, a shareholder in ership Council on sional District. Marshall Dennehey Legal Diversity. Katayun I. Jaffari, with Ballard Spahr Warner Coleman LLP, was honored by the Support Center Matthew L. Wil- & Goggin, was a David H. Pittinsky, a partner with Ballard for Child Advocates at the Center’s 2014 son, a partner with featured speaker at Spahr LLP, received a Lifetime Achieve- Annual Benefit Reception & Auction on Martin LLC, was the Pennsylvania Bar ment Award from The Legal Intelligencer April 9. a faculty member Institute’s Travel Law on May 29. for “Pennsylvania seminar om May 1. James C. Schwartz- Workers’ Compen- Daniel J. McGravey and Sarah R. Lavelle man, a shareholder sation Practice and Scott Etish, an of Pietragallo Gordon Alfano Bosick & with Stevens & Leee, Procedure 2014” associate with Raspanti, LLP presented “Managing Em- has been elected to CLE program that was presented around Gibbons P.C., has ployees’ Bad Habits and Crafting Effec- the Board of the the state during May. been elected to the tive Wellness Programs” at PBI’s Annual Kimmel Cancer Board of Directors Employment Law Institute on April 25. Center at Jefferson, David Caputo, a partner at Kline & of SquashSmarts, a a National Cancer Specter, was recently elected to the Board nonprofit academic Kimberly Alford Institute designated cancer center and a of Directors of the Public Interest Law and athletic men- Rice, principal/chief part of Thomas Jefferson University. Center of Philadelphia. toring program for Philadelphia public strategist in KLM school students. Marketing Associ- Pamela C. Brecht, a Paul S. Badame of ates, discussed per- senior associate with Rubin & Badame Samuel H. Pond and Jerry Lehocky, sonal branding and Pietragallo Gordon Attorneys at Law, partners with Pond Lehocky Stern Gior- rainmaking at the Alfano Bosick & P.C. held a Social dano, appeared on the “Today in Philly recent Federal Bar Raspanti, LLP, served Security Disability Labor” radio show on WWDB 860-AM Association - Maryland Chapter Women as Qui Tam co-chair seminar at the Salva- on April 23. Pond also spoke to Drexel in the Law Program in Baltimore, Md. and presented at the tion Army in Norris- University School of Law’s Biddle Law She also recently facilitated the Law- New Jersey Associa- town Pa on May 7. Society on May 12. marketing.com webinar “Top Habits of tion for Justice, Inc.’s Highly Successful Women Rainmakers.” Boardwalk Seminar 2014 in Atlantic Keld R. Wenge, an Enid H. Adler of the Law Office of Enid City, N.J. on May 2. associate with Pond H. Adler received a “Legacy Humanitar- Jennifer A. Brandt, a member of Cozen Lehocky Stern ian Award” from the Marian Anderson O’Connor, was a panelist for “How Theodore “Ted” Giordano appeared Historical Society at a 75th Anniversary to Build Your Brand and Grow your Simon of the Law on the Berks County Gala Event at the African American Network” at the “Lawyernomics 2014 Offices of Theodore call-in cable televi- Museum on May 31. – Succeeding in the Business of Law” Simon was asked by sion show “Injured conference in Las Vegas on April 24. the Pennsylvania Bar Workers of PA” “People” highlights news of members’ awards, Association’s Civil where he answered questions on workers’ honors or appointments of a community or Neil A. Morris, a partner with Offit Kur- Litigation Section compensation matters. civic nature. Send news to Jeff Lyons, Senior man presented “Act 111 Arbitration For to join a panel of Managing Editor, Philadelphia Bar Reporter, Police and Firefighters Unions” to the experts to focus on “High Profile Cases in Eugene Mattioni, shareholder with Mat- Philadelphia Bar Association, 1101 Market Government Finance Officers Association the Media” at the section’s retreat at the tioni, Ltd., was named The Ports of Phila- St., 11th fl., Philadelphia, PA 19107-2955. Pennsylvania East Conference in Exton, Omni Bedford Springs Resort, Bedford, delphia Maritime Society’s 2014 “Person E-mail: [email protected]. Pa. Pa. of the Year.”

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