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Spring 2009 Columbus Bar Lawyers Quarterly Spring 2009 Columbus Bar Lawyers Quarterly 3 President’S Page Corner Office

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Spring 2009 Columbus Bar Lawyers Quarterly Spring 2009 Columbus Bar Lawyers Quarterly 3 President’S Page Corner Office S PRING 2009 Harold And Kumar Plunge Into Legal Waters By Bruce A. Campbell . .6 Properly Responding To IOLTA Account Overdrafts By Alvin E. Mathews Jr. .8 Commercial Docket Specialized Court For Franklin County By John P. Brody . .14 Ten Things I Wish I Had Known When I Was Still Practicing Law By The Honorable Judith L. French . .16 Better Lawyer . .21 Piercing The Corporate Veil By David C. Levine . .33 The Winding Path and Pitfalls of Federal Pre-emption By D. Andrew List . .34 Big Bad Wolf Comes To Town By Andrew Mills Holford . .38 The Computer Scientist And The Value Of Electronic Evidence By Lee T. Ayres . .40 *A SUPPLEMENT TO THE DAILY REPORTER* *CONTENT PROVIDED BY THE COLUMBUS BAR ASSOCIATION* Better Lawyer Empllloyment Be a Chameleon Longtime Long Term Disability COLUMBUS BAR ASSOCIATION By Jameel S. Turner . .21 By Stanley L. Myers . .37 OFFICERS President: Kathleen M. Trafford Gender Fairness Revisited Technolllawgy President-Elect: Elizabeth J. Watters By Emily A. Smith . .22 Secretary/Treasurer: Hon. Stephen L. McIntosh S PRING 2009 Big Bad Wolf Comes to Town Immediate Past President: Nelson E Genshaft Developing a Niche Practice Room Who pays for recovery of deleted email and computer files By Michael E. Heintz . .23 By Andrew Mills Holford . .38 Presiiident’’’s Page BOARD OF GOVERNORS Baseball in Columbus The Computer Scientist and the Value of Electronic Evidence David S. Bloomfield, Jr. Recession and the Profession By Joseph C. Pickens . .24 By Lee T. Ayres . .40 Kenneth R. Cookson By Kathleen M. Trafford . .Page 4 Dawn Rae Hays Marie-Joëlle C. Khouzam Associates: Slackers or Superstars Collecting on Judgments against Internet-Based Companies Corner Offiiice David T. Patterson By Janica A. Pierce Tucker . .25 By Adam J. Bennett . .41 Mark C. Petrucci But all I can do is say “thank you” – Interiiiors James E. Phillips Practice Makes Perfect Poll By Alex Lagusch . .Page 5 Rosemary Ebner Pomeroy By Brianne Brown . .26 Through A Different Doorway Anthony M. Sharett Ethiiics By Barclay Hastings . .42 Keith W. Schneider Obama’s Election Bradley B. Wrightsel By The Honorable Laurel A. Beatty . .27 Harold and Kumar Plunge Into Legal Waters Understanding Addiction — Part III By Bruce A. Campbell . .Page 6 By Brad Lander . .43 OSBA District Representative: David C. Patterson New Lawyers Take on a Difficult Case ABA Delegate: Sally W. Bloomfield Properly Responding to IOLTA Account Overdrafts By Mark Kafataris . .28 Elllectiiions Executive Director: Alexander Lagusch By Alvin E. Mathews Jr. .Page 8 Publications Director: Kathy Wiesman Making CLE Seminars Meaningful Gay Adoption Editor: David W. Hardymon In Court By Matthew D. Austin . .29 The Latest Across the Country and in Ohio Managing Editor: Esther Kash By Thomas N. Taneff . .44 Production: The Daily Reporter CIVIL JURY TRIALS Legal Movies -- Best of the Best Franklin County Common Pleas Court By Fransico Luttecke & Bridget Purdue Riddell . .30 More Reflllectiiions Columbus Bar Lawyers Quarterly is published by The By Belinda S. Barnes and Monica L. Waller . .Page 9 Daily Reporter for the Columbus Bar Association, 175 Go Green or Be Left Behind Attorney Positions Available South Third Street, Columbus, Ohio 43215, Specialty Dockets Pose Special Questions By Nicole VanderDoes . .31 By Andrew C. Clark . .45 614/221.4112, four times a year — Winter, Spring, By The Honorable David E. Cain . .Page 12 Summer and Fall. Statements or opinions expressed Legal Writing Tip for Spring The 21st Century and the Virtual Paralegals herein are those of the authors and do not necessarily Commercial Docket Specialized Court By Jameel S. Turner . .32 By Melodee K. Currier . .46 reflect those of the Columbus Bar Association, its for Franklin County officers, board, or staff. By John P. Brody . .Page 14 Wriiitten Rullles Diiisclllosure —— NOTICE Reflllectiiions Piecing the Corporate Veil News From Nameless Any statements pertaining to the law contained in this By David C. Levine . .33 By Lloyd E. Fisher Jr. .47 magazine are intended solely to provide broad, general Ten Things I Wish I Had Known information, not legal advice. Readers should seek When I Was Still Practicing Law A Federalll Case advice from a licensed attorney with regard to any By The Honorable Judith L. French . .Page 16 specific legal issues. The Winding Path and Pitfalls of Federal Pre-emption Wriiitten Rullles D. Andrew List . .34 What a Tangled Web We Weave Empllloyment Trademarks of Franchisor Used by Franchisees By Anthony M. Sharett . .Page 18 Change You Can Believe In Labor and Employment Changes to Expect Factors, Not Formulas During the Obama Era Appellate Review of Punitive Damage Awards In Ohio By Matthew D. Austin . .36 By L. Bradfield Hughes and Justin L. Root . .Page 20 2 Spring 2009 Columbus Bar Lawyers Quarterly Spring 2009 Columbus Bar Lawyers Quarterly 3 President’s Page Corner Office At this end of the spectrum, I think the “how to” is more obvious. It is by BUT ALL I CAN DO IS SAY mentoring. Those among us who have practiced for two or three decades know first hand the value of mentoring. We had, Recession and still have, great mentors and have “thank you” – reaped the benefits of that experience. It is time now for us to do our part. There are excellent programs available to match young lawyers with a mentor. The Thank you Joyce, thank you. And thank you Columbus Bar has had a mentoring Porter Wright and all of your people who have and the program since 2005, and over 150 lawyers contributed to this stellar piece of lawyering. have participated. The Ohio Supreme Court initiated its own Lawyer-to-Lawyer Mentoring Program last year, and it provides excellent orientation and training By Alex Lagusch materials on how to build a good Joyce Edelman mentoring relationship. I hope many of you Kathleen M. Trafford, Profession will become mentors and, if you do, I think Porter Wright and Joyce knew what Porter Wright Morris & Arthur n January, after three long years you will find you not only give much but and hundreds of hours of intense they were getting into when they took receive more through the experience. legal effort, Porter Wright's Joyce over this case. Well, maybe they didn't By Kathleen M. Trafford This is my last CLQ column as Edelman stood before the Justices TOTALLY know what they were getting president, and I want to share with you I into, but the point is they followed of the Supreme Court of Ohio to argue an through in a fashion I've not witnessed in some advice I got from my mom that fits unauthorized practice of law (UPL) case well with this discussion. When my my many years here as executive director. initially brought by our UPL Committee brother, sister and I would leave the house They never once complained about the almost seven years ago. Our position in for school or to play in the park, by the Herculean tasks thrown up at them in the because looking for ways to capture and to-lawyer mentoring program; CLE CBA vs. American Family Prepaid Legal he economy. We worry about it. creek or (mom never knew) near the course of this litigation. We talk about it. We wonder keep the talents, wisdom and experience programs on financial planning, Corp. has been that AFPLC and its non- of our veteran lawyers is a good problem succession planning and winding down a railroad tracks, she would always Columbus Bar members who have taken what has gone so wrong. We ask: lawyer representatives have engaged in on pro bono cases have had similar to have. practice; and educational programs to help admonish us to “Be good to each other out when will it turn around again? practices which constituted the practice of experiences; the cases can morph into T But, there is another side to this issue. the profession better identify and counsel there!” That is darn good advice even for The economy is on everyone’s mind and law. age-impaired lawyers before professional grown-up lawyers, and especially so in something they didn't quite expect. Columbus lawyers are no exception. The There is a legitimate concern that some Just to put this in perspective, most of problems arises. I do not pretend to know these more challenging times. However, good lawyers that they are, they Columbus Bar has addressed the economy percentage of senior lawyers will remain in the UPL matters involve one individual what the best programs are, but I do see assert that the cause was right, the effort and how it affects practicing lawyers in active law practice beyond the point when being charged with stepping over the the need to address this important issue of worthwhile. In this particular case, Joyce various ways this year – at committee their health and abilities indicate professional responsibility. The senior limitations of their scope of duties in a was standing up for some of Ohio's most meetings, in CLE programs, through the retirement from the practice is the lawyers have been there for us throughout 1. ABA Formal Opinion 03-429 limited number of instances. This case vulnerable, the elderly. electronic newsletters (Bar Bytes and The appropriate professional choice. The our careers, acting as our mentors and role (“Obligations with Respect to Mentally involved a massive sales campaign Joyce and her task force have worked Complete Lawyer), and with the economic present economic downturn necessarily models and helping our profession to Impaired Lawyer in the Firm”) and ABA targeting thousands of elderly folks from quietly and tirelessly over these years. I TOOLKIT on our website. I hope you heightens this concern because some grow and prosper.
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