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The Monthly Newspaper of the Philadelphia Bar Association Vol. 44, No. 11 November 2015 Bar to Launch Continuing Legal Education in 2016 Expanding the level of service that CLE programs on the latest issues, Legal Education.” Accordingly, the new City Philadelphia. We bring CLE to has become a hallmark of America’s first legislation, regulations and all other criti- service will offer the following key advan- you, in a variety of learning formats, so bar association, Chancellor Albert S. cal topics impacting your practice,” said tages to area lawyers and legal profession- that you have more time to serve the als: needs of your clients. Affordability. Philadelphia Bar Asso- Innovation. Look for new and ciation CLE courses will be reasonably unique CLE courses that will comple- priced for all practitioners, while provid- ment a comprehensive program of prac- ing a level of quality that lawyers have continued on page 15 come to expect from the oldest associa- tion of lawyers in the United States. Plus, CLE Topic Idea? Dandridge III has announced that the Dandridge. “We will offer a full calendar membership has its advantages. Philadel- Philadelphia Bar Association will serve of CLE courses taught by leaders of the phia Bar Association members will receive To submit a topic idea for a CLE as a new provider of Continuing Legal profession, as your partner in justice in cost-saving benefits on all courses. course or vounteer to be a course Education to lawyers across the region in the Philadelphia legal community for Convenience. Join us at the planner or presenter, contact Tara early 2016. more than 200 years.” Philadelphia Bar Association’s centrally D. Phoenix, Director of Continuing “The Philadelphia Bar Association The Chancellor added that the located Conference Center at 1101 Legal Education, at 215-238-6349 or looks forward to serving as your conve- 13,000-member Association is “com- Market Street and — coming soon — at [email protected]. nient, low-cost provider for top-quality mitted to raising the bar on Continuing partner locations throughout Center Board Supports Resolution to Create Special Prosecutor Philadelphia Bar Association Q By Thomas Rogers police custody. Annual Gold Sponsor “The proposed legislation to appoint a special prosecutor to The Board of Governors unanimously adopted a resolu- investigate the shootings of the citizens of Pennsylvania by police tion on Oct. 27 in support of Senate Bill 400 that would create a officers is desperately required to restore a modicum of faith in our special prosecutor to investigate and prosecute incidents relating judicial system. Mistrust of how those matters are currently han- In This Issue to civilian deaths involving police officers. SB 400 would give the dled now exists due to the apparent unfairness in which these cases Attorney General exclusive jurisdiction to appoint a special pros- are currently handled and the secrecy that shrouds the decision- 5 ecutor to investigate and prosecute the conduct of a peace officer making from a skeptical public. More transparency and indepen- Barristers’ 65th Year who, acting in his or her official capacity, is involved in an incident dence is needed to justify the decisions to charge or not charge a 7 Bar Elections where an individual has died under circumstances that may peace officer and the proposed legislation is a first step in a long constitute the offense of criminal homicide as a result of the peace march that will restore faith in a system fraying at the edges,” said 11 AIDS Law Project officer’s conduct. The special prosecutor will then be required to James A. Funt, co-chair of the Criminal Justice Section. file a report with the Attorney General that will be made available The Philadelphia Bar Association supports SB 400 or other 19 Bench-Bar Coverage to the public. similar legislation that would call for the appointment of a special The resolution is in response to a loss of confidence in the prosecutor to investigate and prosecute the conduct of a peace criminal justice system following numerous incidents around the officer under the aforementioned circumstances. country of deaths caused by police officers or deaths of suspects in To view the complete resolution, visit philadelphiabar.org. 2 Philadelphia Bar Reporter November 2015 philadelphiabar.org Frontline

Editor-in-Chief Stiles Street Heather J. Austin, Esq. Associate Editors By Albert S. Dandridge III As part of our “Boots on Regina Parker, Esq. the Ground” initiative, the Julia Swain, Esq. Philadelphia Bar Association’s Mary-Kate Martin (née Breslin), Esq. Benjamin F. Johns, Esq. Board of Governors, along with Annie Kernicky, Esq. members of the Association’s Lauren A. Strebel, Esq. Real Property Section — the

Amanda Dougherty, Esq. real pros, undertook a Habitat Photo courtesy of Brad Shuttleworth V. Elisa C. Advani, Esq. for Humanity Philadelphia Sandy Rosenberg (left) and Brad V. Shuttleworth, chair, Board Maureen M. Farrell, Esq. project on Sept. 16. of Governors (second from right) with other volunteers and The night before the build, staff clearing out the basement of the house on Stiles Street Advisory Editor at the Habitatat for Humanity Build Day, hosted by the Real the location was changed and Molly Peckman, Esq. Property Section, on Sept. 16. we were notified by email. The Director of Communications build was to take place in North vacant lot on Girard Avenue, directly behind the house. Too late, and Marketing Philadelphia, but it was changed to the 4900 block of Stiles we could not run. I looked around for more blue hats and tee- Meredith Z. Avakian-Hardaway Street in West Philadelphia. I knew the new location well. Bernie shirts. Just Brad, me and seven others. SNAP!!! Executive Director Smalley and I grew up exactly six blocks away from it. We got our gloves, safety googles and breathing masks and Mark A. Tarasiewicz The arrival time was 8:30 a.m., and it took all of my neighbor- went into the house to survey the task ahead of us. This was a tiny house — as were the others that still remained on Stiles The Philadelphia Bar Reporter (ISSN 1098- hood and navigation skills to make it there in time during morn- 5352) is published monthly and available by ing rush hour from my home in Chestnut Hill. Street — made a little larger by the doubling, but still a small subscription for $45 per year by the Philadel- I arrived at the designated site, wearing my blue Associa- house. We walked up the two outside steps into the living room. phia Bar Association, 1101 Market St., 11th The team leader explained to us that the woman who lived here floor, Philadelphia, PA 19107-2911. Periodicals tion tee-shirt and hat. Stiles Street is a very small one-way street postage paid at Philadelphia, PA POSTMASTER: that is one block north of and runs parallel to Girard Avenue. I was not home. She was working a 12-hour nursing shift at Jeffer- Send address changes to Philadelphia Bar Re- maneuvered up the tight little street and found a parking space son Hospital and would not be back until the afternoon. He also porter, c/o Philadelphia Bar Association, 1101 explained that she has a child, but also takes care of four other Market St., 11th floor, Philadelphia, PA 19107- across from the house. Steve Rothberg, chair of the Section, and 2955. Telephone: (215) 238-6300. Association Alexander Barth, executive committee member of the Section, children — her sister’s. continued on page 4 Web site: philadelphiabar.org. Newspaper e- mail address: [email protected]. The edi- were there already, along with a few torial and other views expressed in the Phila- others from the Section and the other delphia Bar Reporter are not necessarily those workers from Habitat Philadelphia. I of the Association, its officers or its members. Advertising rates and information are available looked around for other board members from Don Chalphin at American Lawyer Media, who would also be dressed in blue, but 1617 JFK Boulevard, Philadelphia, PA, 19103. it was just me, until Brad V. Shuttle- Telephone: (215) 557-2359 or e-mail dchal- [email protected]). worth, chair of the Board of Governors, showed up a few minutes after I arrived. We all stood around in the middle of the small street. There is no thru traffic on Stiles Street. Finally, the Habitat Philadelphia team leader gathered our release forms and assembled us for instructions. There were nine of us altogether. He explained that this was a different type of project; not the exotic builds that you see on Tell Us television. This was a “warranty job.” Habitat had rebuilt this house a while What You Think! ago. They had taken two small houses The Philadelphia Bar Reporter down to the studs and transformed welcomes letters to the editors for them into one larger house with four publication. Letters should be typed. bedrooms. However, as part of the There is no word limit, but editors reserve the right to condense for rebuild, they did not rebuild the base- clarity, style and space considerations. ment floors — they had looked fine at Letters must be signed to verify the time. The woman who now owns authorship, but names will be withheld the home was experiencing flooding upon request. Letters may be mailed, in the basements. The basement floors faxed or e-mailed to: Thomas Rogers, had to be replaced. Several days earlier, Managing Editor, Philadelphia Bar Habitat Philadelphia crews — the Reporter, Philadelphia Bar Association, pros — had come and pick-axed and 1101 Market St., 11th floor, Philadel- phia, PA 19107-2955. Phone: (215) jack-hammered the floors into tons of 238-6345. Fax: (215) 238-1159. E-mail: concrete rubble. Our job was to gather [email protected]. up the rubble, take it out of the base- ments and carry it to a large industrial roll-off dumpster that was parked on a continued on page 4 philadelphiabar.org November 2015 Philadelphia Bar Reporter 3 Stiles Street continued from page 3

Walking into the house, the first thing that you noticed were the oak hardwood floors throughout the small first floor. They were beautiful. The second thing that I noticed was a well-organized, well-cared for home. The small living room led directly to a small kitchen/dining room. The kitchen was immacu- late. It had a new stove, sink, refrigerator and a chest freezer — it takes a lot of food to feed five kids. It also had a small dining room table. Plastic covering had been installed by the Habitat Philadelphia crew lining the pathway from the front door to the basements’ entrance, with stairs that were midway between the living room and dining room/kitchen. The stairs led down to the basements and up to the bedrooms and bathroom. On the landings leading up to the bedrooms Photo courtesy of the Martini Dr. Rev. Shaw were two sets of drums — kids’ drums. Kids lived here. Chancellor Albert S. Dandridge III (far right) with members of the judiciary at Judicial Sunday at the African We went down into the basements to see what awaited Episcopal Church of St. Thomas on Oct. 18. us. No surprise. Two concrete basement floors, com- pletely broken-up and awaiting our labor. We came up with a game plan. We would break the project up into It is a hot day and we are sweating like pigs. There is and those kids whom she loves could not have possibly three distinct groups. We had about 30 old large plastic plenty of water and Gatorade and we are drinking it by done what we were doing. plaster buckets. A group would stay in the basements and the quarts. We rotate crews. Someone else mans “the pit.” We get back to work. The No. 15 trolley keeps clank- load rubble into the buckets. They then would carry the Stiles Street and Girard Avenue are so very quiet. You can ing up and down Girard Avenue. You can see kids com- buckets to the back of the basements where there was an hear nothing, except for our muted conversations and the ing home from school walking along Girard Avenue pass escape hatch and ladder that led to the backyard. One No. 15 trolley. the abandoned houses and the empty lots. They are quiet person would be in “the pit,” lifting the loaded buckets The water and Gatorade forced me to eventually find and well-behaved, dressed neatly in their grey and white through the hatch into the backyard and hand back the the bathroom. Most of the liquid had evaporated. I uniforms, doing what kids do on their way home from empties. The third group would then carry the buckets walked up the stairs, past the drum sets, past the bed- school. They looked like something out of a Norman out of the yard and across the alleyway to the dumpster rooms with single beds and bunk beds. Kids live here. Rockwell painting. on the Girard Avenue lot. Kids who are loved live here. The lady of the house has to leave. Five kids — run Clearly you could not have paid any of us volunteers Brad suggests ordering pizza for lunch. Brad was a errands before they get home. Five kids who are loved to do this work. I do not think inmates at Leavenworth neighborhood guy. He knows the sound of the trol- and cared for. She thanks us over and over again as she would be required to do this work. It would be a violation leys from the old No. 56 on Torresdale Avenue. He also walks out the door. of the Eighth Amendment. knows this neighborhood and knows where to get good Finally, all of the rubble has been removed from the I knew what we all were thinking, but no one said a pizza. Brad is a great guy. basements. Nothing else for us to do. Two dirt floors left word — we signed up for this. We started loading rubble We take a break and go out front and sit on the steps awaiting water pumps and new cement. into the buckets, passing them up through the escape on Stiles Street. There are some boarded-up houses, some I hear the No. 15 trolley pass by again as we walked to hatch out into the backyard and carried them to the empty lots, a few houses that have been rehabbed and our cars — exhausted. dumpster. Each bucket had to weigh at least 40 pounds, some with refinished façades. Across from the house One of the best days I ever had. and most of the time we each carried two. No one com- where we are working is an empty lot, with a garden and plained. a white picket fence with a trellis that proclaims “Stiles Albert S. Dandridge III ([email protected]), partner Doing this kind of work, your mind starts to wander Street Garden.” It is pretty and well-tended. The sky is and chief diversity officer at Schnader Harrison Segal & Lewis and you notice things. The backyard was no bigger than bright blue and the street is quiet. Peaceful! Kids live and LLP, is Chancellor of the Philadelphia Bar Association. a postage stamp; but it was well-organized and clean. The play here. Kids ride their bikes here. While waiting for homeowner had laid gravel and small tiles. She had lawn the pizza to arrive, a ubiquitous “CCT” white mini bus furniture that was covered up. The back façade had yel- squeezes its way up Stiles Street. It stops a few houses low aluminum siding. There was also a neat row of kids’ away. Steve remembers the house — they had rebuilt bikes — with fat tires. Pink and blue. Kids lived here. it a few years ago. An older African-American woman Kids who somebody loved and cared for. comes out of the house. Halting steps, but proud. Her Across the alleyway there were abandoned houses blue-gray hair is coiffed. She has on her Sunday best. that were boarded-up and empty lots where houses once This is Wednesday afternoon. She was not going to stood. You could see and hear the historic No. 15 trolley church — more than likely to a doctor’s appointment. car rumbling up and down Girard Avenue. What memo- She gets onto the bus; she is the only passenger. The bus ries! I would see and hear them as a kid many years ago. slowly squeezes by us. She looks at us, she smiles and she Across Girard Avenue are the Cathedral Cemetery and nods. She is silently telling us, “thank you.” Our Mother of Sorrows Catholic Church. The cemetery Pizza comes. Brad pays. Thanks, Brad. is well-kept with rows and rows of magnificent white We are enjoying the pizza standing in Stiles Street. No headstones. This used to be an Italian-American neigh- traffic on Stiles Street. You either live here or are picking borhood surrounded by 52nd Street, Girard Avenue and someone up. While standing there enjoying our pizza, Lancaster Avenue. It was a tough neighborhood, and a white SUV turns onto Stiles Street and slowly comes when Bernie and I were kids, we had to be prepared to up the street, iPhone blasting a song by Patti LaBelle. It fight when passing through. My wife, who passed away, is after 12:30 p.m. We all knew who it was. As she parks attended Our Mother of Sorrows Church as a young her car, but before she gets out, she starts calling out to lady; later she became a guidance counselor at the church us. “Thank you, thank you and thank you.” With a huge school. The No. 15 trolley rolled by again. grin on her face she thanks us over and over again. She

4 Philadelphia Bar Reporter November 2015 philadelphiabar.org affinity bar spotlight Barristers’ Association Celebrates 65 Years n By Kevin Harden Jr. and Shabrei M. Parker LLC. Parker’s strong connection to the Philadelphia com- government and public interest lawyers. Carving out a munity was displayed at her installation ceremony, which new dues structure and offering “early-bird” discounts on As we begin this new year for the Barristers’ drew more than 200 guests to Philadelphia’s Pyramid dues payments are just some of the ways the Barristers are Association of Philadelphia, we invite you to reflect, Club. Her strong focus on initiatives that will strengthen making membership easier and more beneficial than ever remember and renew, inspired by the rich legacy of the the bridges between the Barristers’ Center City offices before. Philadelphia lawyer. and the communities where our non-lawyer constituents The continued excellence of Barristers’ signature events Sixty-five years ago, a group of African-American law- reside also demonstrates her passion for her city. is a tradition that cannot be interrupted, and this year we yers recognized a need for an organized bar association for This year, as the Barristers celebrate 65 years, Parker is invite you to help us make our programs a success. Barris- black lawyers in Philadelphia, and together they founded inspiring new enthusiasm into the organization’s member- ters events that would not be the same without dedicated Barristers. Since its inception, the Barristers have chal- ship. By reinvigorating the Barristers’ CLE series, offering members and supporters include the Barristers’ Annual lenged themselves to work to address their own collective CLE credits throughout the year at its general body meet- Turkey Drive on Nov. 21, the 5th Annual Expungement needs as lawyers, as well as the societal issues faced by the ings and offering members the opportunity to showcase Clinic on Dec. 5, the Reverend Dr. Martin Luther King African-American community. For the last 65 years, the their skills, she is opening the door to increased member Jr. Memorial Breakfast on Jan. 18, the Second Annual organization has supported and motivated thousands of involvement. Opportunities for members to be published Life Planning Clinic, cosponsored by the Senior Law students, lawyers, jurists and elected officials to develop in the soon-to-be-launched Barristers blog also highlight Center, and the Annual Awards & Scholarship Gala on more efficient and enduring systems, and shape the the ways that the Barristers want to maximize the current May 21. practice to fit their needs. This year, the Barristers plan to talent pool and encourage members to maximize their The Barristers will meet monthly at Pepper Hamilton continue their work of promoting and fostering profes- membership. To combat issues of diversity and to assist LLP on the second Wednesday of each month at 6 p.m. sional excellence, economic and political empowerment, with the development and employability of young black For more information about meetings or upcoming charitable and community service and the fight for social lawyers, the Barristers will be presenting a Law Student events, please visit www.phillybarristers.org. justice and equal opportunity. Bootcamp in the winter. And to commemorate our The Barristers’ 65th anniversary comes during exciting 65th anniversary, during “Barristers’ History Month” in Kevin Harden Jr. ([email protected]) is an associ- times. On Sept. 9, Hon. C. Darnell Jones, United States February, the Barristers will celebrate, commemorate and ate at Eckert Seamans Cherin & Mellott, LLC and Shabrei M. District Court for the Eastern District of Pennsylvania, cherish 65 years of black excellence. Parker ([email protected]), of counsel at Mincey & administered the oath of office to the new Barristers’ In addition to new ways to engage membership, the Fitzpatrick, LLC, is president of the Barristers’ Association of executive and advisory boards, led by their new president, Barristers have made changes to the organization’s dues Philadelphia. Shabrei M. Parker, of counsel at Mincey & Fitzpatrick, structure, taking into consideration the concerns of

Chancellor Albert S. Dandridge III (second from left), opening plenary speaker Benjamin L. Crump (center, right), Shabrei M. Parker, president, Barristers’ Association of Philadelphia (third from right), and Hon. Charles Hayden, Philadelphia Municipal Court (second from right), with (left to right) Isiah Reese and past Barristers’ presidents Amber Racine, Rachel E. Branson and Thomas O. Fitzpatrick, at the 2015 Bench-Bar & Annual Conference at Borgata in Atlantic City, N.J. on Oct. 16. Photo by Thomas Rogers Thomas by Photo philadelphiabar.org November 2015 Philadelphia Bar Reporter 5 YLD Update Securing Proper State Identification for Vulnerable Philadelphians In January of this year, Chancellor Albert S. By Maria E. Bermudez and Jeffrey N. Rosenthal experience was heartwarming and extremely fulfilling. Dandridge III challenged all Philadelphia lawyers to be of Sadly, most of the clients we saw resided in shelters and/ greater service to the community; to provide more than or other transition facilities. Their stories were humbling. individualized pro bono services, checks and board mem- And further served to dispel many of the stereotypes bership. In describing the Philadelphia Bar Association’s people have come to believe. For example, one woman Boots on the Ground Community Initiative, the Chancel- we met was in foster care for most of her life, and did not lor explained, “It is my hope that when each of you tell know where she was born; therefore, she had never been people that you are a ‘Philadelphia lawyer,’ their response able to secure her birth certificate. The stories varied, but might be ‘thank you for your service.’” the message was clear. We were dealing with people who The Young Lawyers Division (YLD) is committed to have faced challenges many of us could never imagine. It furthering our Chancellor’s initiative. Prior service projects was a pleasure and a privilege to be of service, and we are have included activities with the Philadelphia School grateful to have had the opportunity to learn from and scale,l andd certainlyil ini Pennsylvania.Pli AccordingAdi to a LlLegal District during Law Week, a school supply drive benefit- through them in the process. Intelligencer article published earlier this year, as many ing Turning Points for Children, Harvest for the Homeless We would be remiss if we did not thank HAP and its as 13 million United States citizens do not have access to (which is a collection of clothes, coats and toiletries for the executive director, Marsha I. Cohen, for allowing us to be documents proving their birth and citizenship. homeless), Ronald McDonald House (where we cook for a part of this important clinic, and PECO for graciously We also learned that you need identification to get families of seriously ill children), mock trial tournaments hosting. We would also like to thank all of the nonprofits identification. And you need money to pay for it. In in coordination with Temple’s LEAP Program benefiting and other organizations in the city including HAP, Project fact, the cost of a non-driver identification in Pennsylva- middle and high school students in Philadelphia and a HOME, Philly Restart and others for all of the hard work nia increased in 2014 by 104 percent (from $13.50 to holiday gift drive to benefit the People’s Emergency Center they do with our homeless community to help them get $27.50), ranking Pennsylvania’s non-driver’s identification and the Support Center for Child Advocates. identification in order to secure their basic needs. fee as the sixth-highest in the nation. At the same time, But this year we were called upon to do more. We were As Chancellor Dandridge reminds us, we can all make the fee to obtain a birth certificate in Pennsylvania also inspired to reassess the needs of our community and how a difference in our community by simply rolling up our doubled from $10 to $20. This is money many of the vul- we, as young attorneys, can be of further assistance. sleeves and putting our boots on the ground when it nerable members in our community simply do not have. During the Bar Leaders Retreat in January, we learned comes to serving those most in need. To request services To help with this problem, the YLD reached out to that there is a serious need impacting our impoverished for someone in need, or to donate to help our neighbors in those who are already doing amazing work with our community—the need for proper identification. Most their journey toward independence by obtaining identifi- homeless and impoverished neighbors, and participated people know you cannot get a job, cash a check, receive cation, please download the Donafy smartphone applica- in a birth certificate clinic on Oct. 14. Typically, in order medication, open up a bank account or obtain housing tion from the Apple App Store. All donations through the to get a birth certificate (which is often the first step in without proper state identification. But what we did not Donafy application go directly to the specified nonprofits. the quest to obtain state-issued identification) an indi- appreciate was that many vulnerable members of our com- vidual needs identification. As attorneys, we are eligible munity do not have identification—and have no means Maria E. Bermudez ([email protected]), an attorney to request birth records on behalf of such individuals. to obtain it. The YLD committed to learn more about this advisor with the Social Security Administration, is chair of the During the clinic we joined with the Homeless Advocacy problem facing our community and, more importantly, to Young Lawyers Division; and Jeffrey N. Rosenthal (Rosenthal-J@ Project (HAP), PECO, Blank Rome LLP and many oth- find a way to help. BlankRome.com), an associate at Blank Rome LLP, is a member ers to serve 65 homeless individuals, and process 79 birth We learned that this is a massive problem on a national of the Board of Governors. certificate applications for 64 adults and 15 children. The

BAR ACADEMY Bar Academy Journeys Through the Vatican Splendors at Franklin Institute Q By May Mon Post co-chair of the event along with Nikki Johnson-Huston. and historically significant objects from the Vatican ever “For those of us who have not yet had a chance to visit to tour North America, illustrating the Vatican’s impact the Vatican, the ability to get a better sense of the histori- At the Bar Academy event at the Franklin Insti- on history and culture over the course of 2,000 years. cal perspectives of the art, combined with the political tute’s “Vatican Splendors” exhibit, curated by Emily “We picked this exhibit as a Bar Academy event machinations of the times, was really useful.” Urban, Ph.D., on Sept. 29, attendees were able to take a because we thought that the timing of the exhibit, “Vatican Splendors” has traveled to other U.S. cities guided tour through faith and art and witness one of the combined with the pope’s visit, would make the exhibit in recent years, but organizers said many of the items largest collections of paintings, sculptures, documents both topical and timely,” said Hon. A. Michael Snyder, are new to this tour, and it has grown in size. About 200 continued on page 16

6 Philadelphia Bar Reporter November 2015 philadelphiabar.org election 2015 Snyder and Platt Vie for Vice Chancellor

The 2015 race for the position of Vice Chancellor that will assure equal access to civil justice, to continued 2010), vice chair (2008), and treasurer (2007); co-chair, of the Philadelphia Bar Association is contested. Hon. A. actions to assure an independent, high-quality judiciary, City Policy Committee (2007, 2008); chair, Fidelity Michael Snyder (Ret.) and Mary Platt are runningfor the and to collaboration with City and business leaders to Bank (now PNC) Award Committee (2007); chair, position that is third-in-line for Chancellor of the Federal Courts Committee (2000), vice Association. The winner will serve as Chancellor chair (1999); chair, Civility Code Task Force in 2018. (2000); chair, Justice Brennan Distinguished Jurist Award Committee (2003), member hon. a. michael snyder (2013); co-chair, Women in the Profession (ret.) Committee (1997,1998); co-chair, Sandra Day O’Connor Award Committee (1997, Professional Experience: Distinguished neutral 1998); member (1996, 1999-2001); mem- with The Dispute Resolution Institute; Temple ber, Strategic Planning Committee (2002); University School of Law. member, Nominating Committee (2000); Association Activities: Assistant secretary of the current member, Philadelphia Bar Founda- Philadelphia Bar Association; chair/co-chair of tion, Hamilton Circle; current member, Bar Academy (2010-present); Bench-Bar Plan- Business Law Section, Federal Courts Com- ning Committee (2011, 2012); co-chair Law mittee, Women in the Profession Commit- School Outreach Initiative (2014-present); Board tee, Business Litigation Committee, City of Governors, Workers’ Compensation Sec- Policy Committee, Professional Responsi- tion representative (2001, 2009-2014); co-chair, bility Committee, and Alternative Dispute Workers’ Compensation Section (2000, 2009); Snyder Platt Resolution Committee. Executive Committee, Workers’ Compensation Candidate’s Statement: Since 1997, I Section (1999-2002, 2008-present); member, have held several leadership positions in the Alternative Dispute Resolution Committee; member, build a strong economic base for Philadelphia. Philadelphia Bar Association because I wanted to make Arts in the Courts Committee; team teacher, Advancing Leadership of the Philadelphia Bar Association is a great a difference in the lives of other lawyers and our profes- Civics Education Program (2009-present); Investigative responsibility; it is a responsibility that I do not take sion. I am running for Vice Chancellor so I can lead the Division member, Judicial Selection and Retention Com- lightly. I pledge that if elected I will work tirelessly to Association in efforts to achieve equal access to justice; mittee (2013-present); member, Workers’ Compensation achieve the goals of the Association, and the needs of the legal services for the poor and disadvantaged; an inde- Section; member, Philadelphia Bar Foundation Grants citizens of Philadelphia. pendent and qualified judiciary; diversity and inclusion; Committee (2009-present). and changes in laws to meet the needs of society and our Candidate’s Statement: I am delighted to be able to profession. I also want the Association to help lawyers address you as a candidate for Vice Chancellor of the mary f. platt connect with each other and the business community, Philadelphia Bar Association. My many years of activity manage their practices and advance in our profession, and in the Bar Association, including my current service as Professional Experience: Counsel, Fineman Krekstein engage in activities that serve our legal community and Assistant Secretary, co-chair of the Bar Academy, co-chair & Harris, P.C., Georgetown University Law Center and Philadelphia. of the Law School Outreach Initiative, member of the Mount Holyoke College. My goal is to make the Bar Association an organiza- Cabinet, member of the Audit Committee, member of Association Activities: Assistant treasurer of the tion in which all Philadelphia lawyers want to participate. the Investments Committee, Investigative Team member Philadelphia Bar Association; Law Practice Management This is a critical period for our Association because lawyers of the Commission on Judicial Retention and Selection, Division representative to Board of Governors (2009- have limited time to devote to Bar activities. I believe my and counsel to the Workers’ Compensation Section dem- 2010); parliamentarian, Board of Governors (2008); broad-based leadership experience in the Association and onstrate my commitment to the values and ideals of this Chancellor’s Cabinet (2002-2005, 2008, 2013, 2014); my experience as a practicing lawyer will enable me to amazing organization. treasurer (2003-2005); assistant treasurer (2002, 2013, identify the needs of lawyers in our community, collabo- I am committed to actions that will enhance the profes- 2014); member, Audit Committee (2002-2005, 2013, rate with others on how the Association can serve these sional lives of our members, to actions that will promote 2014); elected member, Board of Governors (1999-2001); needs, and increase membership and participation in Bar greater diversity and inclusion in the profession, to actions Law Practice Management Division, co-chair (2009, activities. 4 Line Office Posts Unopposed

For 2015, the four candidates for Association line office posts are unopposed. The candidates are Jacqueline G. Segal, secretary; Regina M. Foley, treasurer; Jennifer S. Coatsworth, assistant secretary; and Natalie Klyashtorny, assistant treasurer. Segal is a partner at Fox Rothschild LLP and a graduate of Temple Univer- sity Beasley school of Law. Segal currently serves as secretary of the Bar Association (2014-2015). She has held a number of other Bar Association positions including assistant secretary (2011-2013); parliamentarian to the Board of Governors (2010); Cabinet member (2010-present); Board of Governors (2007-2009); co-chair, Segal Foley Coatsworth Klyashtorny Membership Task continued on page 9 philadelphiabar.org November 2015 Philadelphia Bar Reporter 7 WORKERS’ COMPENSATION SECTION Section Celebrates St. John’s Hospice

Q By Hon. Tina Maria Rago part of Chancellor Albert S. Dandridge decided to honor the altruism and the for making the community a better place III’s “Boots on the Ground” commu- compassion of Wiloughby and Madison and for letting the section play a small nity initiative. St. John’s Hospice is an with its inaugural Outstanding Service part in their good work. The Workers’ Compensation Section organization made up of compassionate Award. In addition to a donation of presented a donation to St. John’s Hospice and committed individuals who have $500 to St. John’s Hospice, the section Hon. Tina Maria Rago, Workers Compensa- and honored two of its staff members, tion Office of Adjudication ([email protected]), Anthony Wiloughby and Tasha Madison, dedicated themselves to serving the less awarded Wiloughby and Madison each a is co-chair of the Workers’ Compensation at its “Fall Fling” at Saint Luke and The fortunate. Every day, approximately 250 $125 cash honorarium. Section. Epiphany Church in Philadelphia on men, who might not otherwise find a The Workers’ Compensation Section, Sept. 19. friendly face or a healthy meal, find both on behalf of the Philadelphia Bar Asso- The Workers’ Compensation Sec- at St. John’s Hospice. ciation, thanks Wiloughby, Madison and tion volunteers at St. John’s Hospice as The Workers’ Compensation Section the rest of the staff at St. John’s Hospice Photos courtesy of Hon. Tina Maria Rago, Workers Compensation Office of Adjudication Left: Hon. Tina Maria Rago, Workers Compensation Office of Adjudication, co-chair of the Workers’ Compensation Section, with Anthony Wiloughby of St. John’s Hospice at the St. John’s Hospice Fall Fling on Sept. 19. Above: John Goetz (left) and Charece Collins (right) of the Workers’ Compensation Section with David Stier, program director (center, left) and Kris Jaeger, director of development and community relations, for St. John’s Hospice. 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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8 Philadelphia Bar Reporter November 2015 philadelphiabar.org Line Offices and graduated from Widener University is a member of the Pennsylvania Bar school outreach coordinator (2007- 2009); continued from page 7 Delaware Law School. Association, House of Delegates, (2002 to chair of YLD Bar Enhancement Com- Foley is the chair of the Solo, Small & present); and a member of the Brehon Law mittee (2008); chair of the YLD Social Force (2010-2013); chair, Chancellor’s Mid-Size Firm Management Committee Society, The Lawyers Club, Montgomery Committee (2009); member of the State Committee for Pandemic/Disaster Plan- (2015); was co-chair of Women in the Pro- County Bar Association and the American Civil Litigation Section (2008-present), ning (2007-2009); served on the Code fession Committee (2013-2014); ex-offi- Bar Association. Foley volunteers with the State Civil Litigation Section Arbitration of Judicial Conduct Task Force (2013); cio member, Board of Governors (2012); Support Center for Child Advocates (2001 Committee (2008-present), State Civil member of the Elections Committee Chair of Board of Governors (2011); a Bar to present). Litigation Section Rules and Procedures (2008, 2013, 2014, 2015); board liaison Leadership Institute (2011) elected mem- Coatsworth is an associate at Margolis Committee (2008-present) and member to Minorities in the Profession Commit- ber of the Board of Governors (2009- Edelstein and graduated from Temple of the Women in the Profession Commit- tee (2008); served on the Policy Oversight 2011); Chancellor’s Appointment to Board University Beasley School of Law. tee (2008-present); Alexander Hamilton and Long Range Planning Committee of Governors (2008); served on the Elec- Coatsworth is Board of Governors Benefit Gala Planning Committee (2009, (2008); the Family Court Construction tions Committee (2011-2014); co-chair Parliamentarian (2015) and was an elected 2010) Alexander Hamilton Benefit Gala Committee (2008); Commission on of Bench-Bar Committee (2010); served member (2012-2014); co-chair of the Auction Committee (2011) and Bench- Judicial Selection and Retention (2006); on the Bench-Bar Conference Scholarship Military and Veterans Affairs Committee Bar Planning Committee (2011, 2012, and Section Chairs Committee (2006). Committee (2008-2013; 2015); appointed (2012, 2014); Budget Committee (2013); sponsorships 2015); is a member of the In addition, Segal has been active in the member, Membership Task Force (2011, Elections Committee (2013); served on Pennsylvania Bar Association Women in Association’s Family Law Section including 2012); Long Range Advisory Council the Chancellors Retreat Planning Commit- the Profession Committee (2008-present); chair (2006), chair-elect (2005), treasurer (2013-2015); co-chair of the Sandra Day tee (2012, 2014); secretary for the Com- was co-chair of the PBA WIP Annual (2004), secretary (2003), and Executive O’Connor Award Committee (2013, mittee on Insurance Practice (2013-2014); Conference (2013-2014); is co-chair of the Committee (1997-2011); was co-chair 2014) and a member (2015); was a team served on the Executive Committee of the Awards Committee (2014-2016); and is a of the Child Support Legislation Com- member, Advancing Civics Education Pro- YLD (2007-2011), vice chair (2009) and member of the Pennsylvania Bar Associa- mittee (2004); co-chair of the Divorce gram (2007-2012); Executive Committee secretary (2008); served as the YLD law continued on page 23 and Equitable Distribution Committee of the Young Lawyers Division (YLD) (1997-2002); and co-chair of the Domes- (2001-2004), where she was the chair of tic Violence Committee (1994-1996). Harvest for the Homeless, and Habitat Segal was an officer, executive com- for Humanity/Community Outreach; mittee member and founding member of was a member of the Philadelphia Bar Philadelphia’s Nicholas A. Cipriani Family Foundation, Young Lawyers Division of Law American Inn of Court (2006-2007); the Hamilton Circle; is a member of the is a member of the Doris Jonas Freed Philadelphia Bar Foundation, Hamilton American Inn of Court (1998-present); Circle; and is a member of the State member of the University of Pennsylvania Civil Litigation Section,Women in the Law School American Inn of Court (1994- Profession Committee, Medical-Legal 1996); is a member of the American Bar Committee and Professional Responsi- Association, Family Law Section; and bility Committee. the Pennsylvania Bar Association, Family Foley serves on the board of directors Law Section; served on the Philadelphia of the Philadelphia Trial Lawyers (1997- Bar Foundation Hamilton Gala Benefit present), is the assistant treasurer of the Host Committee (2014); Philadelphia Bar Philadelphia Trial Lawyers (2012-pres- Foundation Individual Giving Campaign ent), and member (2015); is a mem- (2011-2013) and Women’s Resource Cen- ber of the Pennsylvania Trial Lawyers ter Advisory Board (2014-2015). Association (1997 to present) and served Foley is an attorney at Raynes McCarty on its board of governors (2001-2006); TO LAWYER LAWYER REFERRALS For details on placing a Lawyer to Lawyer referral ad, contact Lana Ehrlich at 215-557-2392 or [email protected].

WORKERS’ COMPENSATION REFERRALS For State Workers’ Compensation Referrals: For more information on placing a PAUL B. HIMMEL Certified Worker’s Compensation Lawyer to Lawyer referral ad, please contact 3PECIALISTs   [email protected] LANA EHRLICH at For Longshoreman and Harbor Worker Referrals: DAVID LINKER 215-557-2392 or [email protected]    [email protected]

philadelphiabar.org November 2015 Philadelphia Bar Reporter 9 Bar Foundation Philadelphia’s Vulnerable Would Suffer Without the Philadelphia Bar Foundation

elder justice and child By Steven E. Bizar “For our organization Foundation’s board of trustees. Each year during interviews with abuse. to be able to list the In summary, our grant-making process grantees of the Philadelphia Bar Founda- Each year the Foundation as one of our is crucial to our grantees and to our tion, we repeatedly hear that unrestricted Foundation engages in substantial and faithful donors as it accomplishes three things funding, particularly at a time when a stringent review of supporters increases our that we as individuals cannot: other sources of funding are pulling back, grant applications to ability to persuade pos- First, as described herein, the Founda- allows our public interest agencies to stay ensure that funds are sible new sources of fund- tion decides grants based on an extensive strong in the services they provide to directed within a clear ing to join in support of grant-making process, that ensures that vulnerable and/or low income popula- set of priorities, namely: our work.” funds we grant will be spent according to tions in the Philadelphia region and across t
Ensuring a fair The Foundation a clearly defined set of priorities by well- the Commonwealth. As we approach the most significant fundraising event of our and just society Grants Committee is managed, well-organized, and well-staffed year, the Andrew Hamilton Benefit Bash t
Helping the responsible for consider- organizations. (#GettingJusticeDone) on Nov. 7 at the poor ing the proposals accord- Second, as other funding sources Loews Philadelphia Hotel, it behooves us t
Caring for our children and ing to the following criteria: decrease (like federal legal services fund- to take a moment to reflect on the Foun- elderly t
Does the applicant advance the ing; IOLTA funds, which I covered in a dation’s grant-making process. t
Addressing health and disability Foundation’s mission to promote prior article; as well as grants from other Currently, general operating grants of issues access to justice? philanthropic foundations), the Founda- the Foundation help to sustain more than t
Focusing on issues affecting t
Is the applicant effective? tion, through its fundraising efforts and 35 legal aid agencies. Grantee organiza- women t
Is the applicant well-managed? endowment, remains a constant source of tions provide direct legal services, or t
Improving community welfare. This past May, 39 nonprofit agen- funding. promote education in the public interest, The grants process also ensures that cies applied for general operating funds. Third, our extensive process allows the to help impoverished and vulnerable pop- funds go to only the highest caliber of The 18 members currently serving on Foundation to give dollars where they are ulations achieve access to justice. These local public interest legal aid agencies. the Foundation’s Grants Committee are most needed and also respond to emer- agencies’ programs address all major issues The strength of the Foundation’s grant- drawn from trustees of the Foundation, gent needs and encourage and endorse preventing our society from living up to making process derives from its stalwart attorneys in the commonwealth, former collaborative, creative solutions. In addi- the nation’s foundational promise of equal commitment to directing funds based judges, philanthropists and nonprofit tion, our process provides an opportunity justice for all and issues including poverty, on the above-mentioned priorities and professionals and financial management to spot organizational problems and raise voting rights, equal access to educa- to ensuring the continued effectiveness professionals. The financial management them with the grantee to ensure resources tion, provision of adequate healthcare, of the community’s legal services system. professionals on the committee perform are being properly handled. consumer protection, affordable housing, Indeed, the significance of a Foundation an in-depth analysis of each organization’s I think both the Foundation and its homelessness, employment discrimina- general operating support grant goes financial statement and, if any anomalies Grants Committee, the grantees it sup- tion, domestic violence, immigration, beyond the dollar value of the funds are found, request additional financial ports and all of our donors and support- provided. As one agency expressed it, information from the organization. ers can take a measure of pride in this In addition to consideration of the process. written application, the Grants Com- mittee conducts site visits of any new Steven E. Bizar ([email protected]), applicant organization as well as one-third an executive shareholder at Buchanan of the current grantee organizations. Ingersoll & Rooney PC, is president of the Between June and August of this year, Philadelphia Bar Foundation. for example, Grant Committee members spent more than 20 hours conducting site visits to several previously funded agencies and two new applicants. Also, each year Donation Opportunity beginning in September, the executive directors and a trustee from each of the Contributing to the Philadelphia Bar applicant organizations are interviewed by Foundation shows you care about our jus- the committee at the Foundation’s offices. tice system and the assistance it provides This year the committee held nearly 15 to the community. With one contribution hours of interviews. In November, after you are supporting all the public interest careful deliberation, the Grants Commit- legal organizations in the Philadelphia tee makes final recommendations about area that serve those who need a lawyer to which grants to award. Final decisions help them assert their legal rights but who are made in December with input from cannot afford one. For more information, the Foundation’s Finance Committee please visit www.philabarfoundation.org. and with a final vote for approval by the

10 Philadelphia Bar Reporter November 2015 philadelphiabar.org pro bono spotlight AIDS Law Project of Pennsylvania Fights Against Continuing Discrimination n By Sarah R. Schalman-Bergen ters, ranging from housing to obtaining time litigating discrimination cases thanks Last year we filed a federal lawsuit disability benefits to discrimination and to the generosity of the Jerome J. Shestack against a private medical practice after it When many people think about HIV confidentiality cases. This past year, the Fellowship at WolfBlock LLP. Once you dismissed a patient — and his family. The and AIDS, they associate the disease with AIDS Law Project expanded into southern join the AIDS Law Project, you are family. man firmly believed it was because he was the 1980s, with rampant discrimination, New Jersey. So, although I left WolfBlock when it dis- HIV positive. This October, a hospital homophobia and hysteria. They think It was the AIDS Law Project that solved to join Berger & Montague, P.C., I settled a complaint the AIDS Law Project about Tom Hanks, Denzel Washington brought me to the city I have now called have never left the AIDS Law Project. filed with the U.S. Justice Department and an era when gay marriage was not home for the past eight years. After While working with the AIDS Law on behalf of a woman who said she was legal in all 50 states. But as the AIDS Law graduating college, I worked on a medical Project, I have represented many individu- denied bariatric surgery because she had Project well knows, the epidemic is sadly research study in Boston, Ma., which was als denied opportunities simply because of HIV. In both cases we won financial all too present, and discrimination is still designed to improve the adherence rate of their HIV status. But the most disheart- settlements and agreements to implement real. In Philadelphia, it is estimated that people taking HIV medications. During ening discrimination cases are those in nondiscrimination policies and improve by 2017 there will be more than 15,000 my time there I realized that taking their health care settings, where the people training. persons living with AIDS, as well as the medication on time was the least of their denying services and benefits really ought With each victory we send the message diagnosis of approximately 700 new HIV worries. to know better. Sadly, people still need a to people living with HIV and AIDS that cases each year in the city alone. I went to law school to help people lawyer simply to get a doctor. Health care they can stand up for themselves and have a Founded in 1988, the AIDS Law overcome the barriers they faced. My law is overwhelmingly the service most likely right to lead healthy, productive lives. As we Project of Pennsylvania remains one of school professor told me about a smart, to be illegally denied to people with HIV say around the AIDS Law Project, AIDS is the only private public-interest law firms gutsy nonprofit, public-interest law firm in and AIDS, making up 76 percent of our hard enough, justice should not be. providing free legal assistance to people Philadelphia with a national reputation for public accommodations cases. The AIDS living with or affected by HIV/AIDS in taking on tough cases. Law Project has racked up repeated victo- Sarah R. Schalman-Bergen (sschalman- the country, and clients are still banging I volunteered with the AIDS Law Proj- ries for people who faced discrimination [email protected]), a shareholder at Berger & on its doors. In 2014, the organization ect during law school and returned after in health care. Montague, P.C., is volunteer of counsel with helped 1,076 people in 1,707 legal mat- graduation, spending 50 percent of my Unfortunately, the cases keep coming. the AIDS Law Project of Pennsylvania.

philadelphiabar.org November 2015 Philadelphia Bar Reporter 11 a call to the bar Lawyers and Climate Change: The Time is Now n By Rachel Gallegos climate change because of the encycli- cal letter he issued in June of this year Climate change is the most profound where he calls out climate change as a moral, social and political issue to ever moral issue. Sinden sees his influence confront our species. So said Professor as a turning point in the national and Amy Sinden of Temple University Beasley international dialogue. Paris refers to the School of Law in her introductory remarks meeting of the United Nations Confer- at a program on Oct. 14 titled “Climate ence on Climate Change to be held in Change and National Security: People, Paris from Nov. 30 to Dec. 11. “The Not Polar Bears.” The keynote speaker Paris meeting offers another opportu- was Rear Admiral David W. Titley, U.S. nity for the nations of the world to take Navy (ret.), a nationally known expert on real steps toward addressing the climate

climate, the arctic and national security. crisis. The culmination of these three Avakian-Hardaway The program was held at the law school events signal a global shift and newfound Z. and cosponsored by the Philadelphia Bar urgency in dealing with the problem of Meredith

Association. climate change,” she said. by

Sinden said that, despite the gravity of Titley presented the overwhelming Photo the problem, five words give her reasons and compelling evidence that climate Chancellor Albert S. Dandridge III (second from right) with (from left) Steve Harvey, Steve for optimism: “Clean Power Plan, pope, change is real and poses significant risks Harvey Law LLC; Rear Admiral David W. Titley, U.S. Navy (ret.); JoAnne A. Epps, dean, Paris.” The Clean Power Plan is the new to human society, including risks to Temple University Beasley School of Law; and Professor Amy Sinden, Temple University body of regulations announced by the national security as the arctic becomes Beasley School of Law; at “Climate Change and National Security: People, Not Polar Environmental Protection Agency this ice-free, sea levels rise and droughts and Bears” on Oct. 14. past summer that seek to reduce carbon floods contribute to regional instability. we are facing environmental changes never water and other basic needs if strong emissions from power plants. The plan has He emphasized that climate change is not before seen in human civilization. actions are not taken to reduce carbon been hailed as an important and historic a belief system. He does not “believe” in He talked about the drastic environ- dioxide emissions. “The time is now,” first step for our country in combatting climate change. Rather, he is convinced mental changes we can expect that will Sinden urged the audience. “We must step climate change. The pope is relevant for by the evidence. That evidence shows that affect our food supply, housing, access to continued on page 27

12 Philadelphia Bar Reporter November 2015 philadelphiabar.org health care reform Update from Usi affinity USI Affinity Provides Members with Open Enrollment Insurance Options n By Brian McLaughlin Insurance Exchange at www.usiaffinityex. location where they can shop for all their The USI Affinity service team has been com/PhiladelphiaBar. insurance needs. Through our access to all supporting attorneys in Philadelphia for It is open enrollment time for The Philadelphia Bar Association major medical carriers and exclusive dental years. Our team of licensed profession- health insurance. The individual open Exchange has been built to help all mem- and vision programs you can build a pro- als are there to make sure you and your enrollment period is from Nov. 1, 2015 bers. This is the place for partners to buy gram that saves money and/or enhances family get the most out of your benefits through Jan. 31, 2016. In order for cover- the plan that is best for their family, when your benefits. while spending the least amount of time age to be effective Jan. 1, 2016 you must the firm chooses a different carrier. This is Savings are always important but thinking about benefits. In the past year complete your enrollment by Dec. 15, the place for sole practitioners to find the perhaps the most important part of the our team has fielded more than 12,000 2015. For Philadelphia Bar Association best Individual plan to meet their needs. exchange is the team behind it. The ben- calls from Association members and their members, help is here. The Philadelphia This is also the place for administrators and efits specialists at USI Affinity are experts families with everything from billing issues, Bar Association and USI Affinity have firms to keep up on the latest changes with in health care reform. They can answer lost ID cards to claim denials. Why go it expanded the offerings on the Philadel- health care and find the benefit options your questions, and help you design a alone when you can have the staff of USI phia Bar Association Insurance Exchange that will set their firm apart from the health plan that provides the best cover- Affinity on your team? website to enable members to shop for competition. age and value. And if you are looking for USI Affinity’s size, experience and the medical plans they need. A major The Philadelphia Bar Association coverage for your firm, USI Affinity will relationships with many of the nation’s enhancement is the ability to shop for Insurance Exchange is a private insurance also make sure your new plan puts you in top insurance carriers allow them to offer plans though the government portal exchange – a convenient and secure online compliance with all the new Affordable Philadelphia Bar Association members a without having to go to healthcare.gov, portal where Association members can Care Act regulations and requirements. variety of affordable medical and den- in addition to a new online enrollment comparison shop to find the most com- Plus, as the officially endorsed broker of tal plans, and a host of other products functionality for dental and vision pro- petitively priced health, dental, vision and the Philadelphia Bar Association with the through this online exchange website. But grams. The shopping and enrollment can other valuable insurance member benefits. strongest commitment to its members, in this complex new health care market- all be completed through the website. You The goal in creating the exchange website USI Affinity’s service team will be there for place, having expert guidance readily avail- can find the Philadelphia Bar Association was to give Association members a single you throughout the year. able to help you make sense of it all may continued on page 23

philadelphiabar.org November 2015 Philadelphia Bar Reporter 13 international laW and immigration laW committees Developments and Trends in Asylum Law n By Annie Kernicky overview of asylum law. In response to the mass displacement of people after World With the mass migrations in Europe War II, the United Nations formed the and the U.S.’s own border crisis as the Office of the United Nations High Com- backdrop, the International Law and missioner for Refugees (UNHCR) which Immigration Law Committees of the issued a treaty defining the term “refugee,” Philadelphia Bar Association’s Oct. 14 as someone with a well-founded fear panel discussion on asylum law provided of being persecuted for reasons of race, insight into some of the nuances surround- religion, nationality membership in a par- ing the legal battles refugees undergo in the ticular social group or political opinion, is hopes of avoiding danger in their home outside the country of his nationality, and countries. is unable or unwilling based on his fear

The panel, moderated by Katelyn Hufe, to avail himself of the protection of that Rogers partner, Gian-Grasso, Tomczak, & Hufe country. The UNHCR has three solutions

P.C., included Judith Bernstein-Baker, to the refugee problem: (1) voluntary Thomas by executive director, HIAS Pennsylvania; repatriation, (2) local integration (asylum) Photo Fernando Chang-Muy, the Thomas or (3) resettlement to a third country. From left, Fernando Chang-Muy, Thomas O’Boyle Lecturer in Law, University of O’Boyle Lecturer in Law, University of The Syrian crisis is one of the most Pennsylvania Law School; Jonah Eaton, staff attorney, Nationalities Service Center; Pennsylvania Law School; Kaya Ramji- extreme examples of politics driving Thomas Griffin, partner, Surin & Griffin, P.C.; Kaya Ramji-Nogales, co-director, Nogales, co-director, Institute for Inter- people to flee. Most recent data estimates Institute for International Law and Public Policy, Temple University Beasley School of national Law and Public Policy, Temple that about four million Syrians have left Law; and Judith Bernstein-Baker, executive director, HIAS Pennsylvania. University Beasley School of Law; Thomas their country and are applying for asylum Griffin, partner, Surin & Griffin, P.C.; and elsewhere. About 2,100 Syrians are apply- example, if an individual was captured by supplies or setting up a tent, their applica- Jonah Eaton, staff attorney, Nationalities ing for asylum here in the U.S., but many a terrorist group, remained unwilling to tion may be denied. The current system Service Center. are rejected based on the multitude of join the cause, yet provided some form is backlogged with similar stories of The panel began by providing a basic terrorism-related bars codified in law. For of “material support” like transporting continued on page 16

UPCOMING CONTINUING LEGAL EDUCATION NOVEMBER

These CLE programs, cosponsored by the Philadelphia Bar Association will be held at The CLE Conference Center, Wanamaker Building, 10th Floor, Suite 1010, Juniper Street entrance, unless otherwise noted.

LIVE & SIMULCAST SEMINARS DISTANCE EDUCATION AT PBI.ORG

Nov. 2 • Section 1983 Litigation: Civil Rights and Attorney’s Fees Live Webcasts Under Section 1988 Same technology, delivered live. If you can’t watch it live, • Taking and Defending Depositions sign up now & get credit when you watch it later (you’ve got 3 months aˆ er the webcast date). Nov. 4-5 • 21st Annual Business Lawyers Institute Nov. 3 • Deciphering PA Oil & Gas Leases Nov. 5 • Will Draˆ ing 101 - Phila. Bar Assoc. Nov. 4 • Elder Law Update Nov. 9 • LGBT Issues in Foster Care and Homeless/Out-of-Home Youth: Understanding challenges and finding solutions Nov. 5 • The Second Season: Issues for Divorce Over Fiˆ y Nov. 10 • Elder Law Update Nov. 9 • Environmental Enforcement Actions • Succession Planning for Lawyers Nov. 10 • 19th Annual Family Law Update Nov. 11 • Advanced Storytelling & Persuasion Skills for Lawyers Nov. 11 • Advanced Storytelling & Persuasion Skills for Lawyers Nov. 12 • Bridge the Gap Nov. 12 • Lincoln on Professionalism Encore • Lincoln on Professionalism Encore Nov. 13 • Who’s Accountable to Whom? Answering Government Inquiries, Investigations & Audits Nov. 13 • Municipal Liability Actions • Municipal Liability Actions • Who’s Accountable to Whom? Answering Government Inquiries, Investigations & Audits Nov. 16 • Taking and Defending Depositions Nov. 17 • Defense of Licensed Medical Practitioners • Professionalism in Workers’ Comp Practice - Phila. Bar Assoc. Nov. 18 • Buying and Selling Homes in Condominiums and Nov. 16 • We Diœ er as Rational Friends: A Debate between Planned Communities John Adams and Thomas Jeœ erson Nov. 19 • The Essentials of Copyright Law Nov. 17 • Defense of Licensed Medical Practitioners Nov. 20 • Election Law, Campaign Finance, and Lobbying Disclosure • Securities Litigation & Regulatory Update Nov. 23 • School Law Nov. 17-18 22nd Annual Estate Law Institute - PA Convention Center • Pennsylvania’s Proposed Medical Cannabis Act Nov. 18 • Top Ten Mistakes Philadelphia Businesses Make • Buying and Selling Homes in Condominiums and Planned Communities VIDEO SEMINARS Nov. 19 • The Essentials of Copyright Law Nov. 20 • Environmental Enforcement Actions Nov. 6 • Sentencing in Pennsylvania State Courts • Wage & Hour Law Symposium Nov. 9 • Online Agreements • Election Law, Campaign Finance, and Lobbying Disclosure Nov. 11 • Pregnancy Discrimination Nov. 23 • School Law Nov. 19 • Start-Up & I.P. Issues for Tech Companies Nov. 23 • Finding the Trial Story Nov. 24 • Beyond iPad Basics!

Register today! www.pbi.org 800-932-4637

14 Philadelphia Bar Reporter November 2015 philadelphiabar.org PNC Perspectives Are Master Limited Partnerships Right for You? PNC Wealth Management® is pleased to ture in the U.S. has By Mary E. Ashenbrenner introduce Mary E. Ashenbrenner who will benefited energy-related conduct this month’s and future interviews on investments, including important financial and economic topics. Mary MLPs. Advancements in is a Senior Vice President with PNC Wealth technology and attractive Management located in Center cCty Philadel- oil prices, particularly stock is related to a wide does not constitute the provision by PNC of investment, legal, tax, or accounting advice to any person, or a recommendation phia. Please contact Mary at 215-585-1041 recently, have also helped array of sectors, while to buy or sell any security or adopt any investment strategy. or at [email protected]. spur interest, leading to MLPs primarily relate Opinions expressed herein are subject to change without notice. The information was obtained from sources deemed strong growth in investor to the energy sector. reliable. Such information is not guaranteed as to its accuracy. Master Limited Partnerships (MLPs) enthusiasm for MLPs. Among other things, You should seek the advice of an investment professional have been receiving a lot of attention to tailor a financial plan to your particular needs. For more Institutional activity in there are also variations information, please contact PNC at 1-888-762-6226. recently as an attractive investment vehicle these investment vehicles in voting rights, taxa- for certain investors. In this month’s inter- has been a significant tion and terminology The PNC Financial Services Group, Inc. (“PNC”) uses the marketing names PNC Wealth Management® and Hawthorn, view, I sat down with John Song, senior contributor to growth and liquidity. In regarding ownership. In general the energy PNC Family Wealth® to provide investment, wealth management, investment advisor with PNC Wealth 2000, institutional ownership represented sector is inherently more risky than most and fiduciary services through its subsidiary, PNC Bank, National Association (“PNC Bank”), which is a Member FDIC, and to provide Management®, to learn more about what only 10 percent of MLPs, quickly rising other asset classes. Accordingly, MLPs specific fiduciary and agency services through its subsidiary, MLPs are and why some investors might to greater than 50 percent ownership may reward investors with higher yields PNC Delaware Trust Company. PNC also uses the marketing names PNC Institutional Asset ManagementSM, PNC Retirement consider adding this asset class to their in 2014. This trend is partially due to and payouts than investments in securities SolutionsSM, Vested Interest®, and PNC Institutional Advisory portfolios. increased liquidity and transparency stem- associated with other asset classes. SolutionsSM for the various discretionary and non-discretionary institutional investment activities conducted through PNC ming from the launch of open-end funds Bank and through PNC’s subsidiary PNC Capital Advisors, LLC, Mary Ashenbrenner (MA): How would and exchange-traded products, both of MA: What might investors hope to gain a registered investment adviser (“PNC Capital Advisors”). you define Master Limited Partnerships? which have daily liquidity and publicly from an allocation to the MLP asset class? Standalone custody, escrow, and directed trustee services; FDIC-insured banking products and services; and lending of John Song (JS): Simply put, MLPs are available fee and expense information. JS: Here are four key reasons an inves- funds are also provided through PNC Bank. Securities products, limited partnerships that trade on a public tor may consider adding MLPs to his brokerage services, and managed account advisory services are offered by PNC Investments LLC, a registered broker-dealer and exchange like corporate securities. They MA: How would you characterize the portfolio: a registered investment adviser and member of FINRA and SIPC. have the liquidity of a publicly traded historical performance and income gen- 1. An investor may gain diversification Insurance products may be provided through PNC Insurance Services, LLC, a licensed insurance agency affiliate of PNC, or security combined with the tax advantages eration abilities of the MLP asset class? with an asset class that has a relatively low through licensed insurance agencies that are not affiliated with of a limited partnership. Most MLPs JS: Investors are always searching for new historical correlation to the broad market. PNC; in either case a licensed insurance affiliate may receive are connected in some way to natural compensation if you choose to purchase insurance through these sources of strong returns. MLPs have been 2. MLPs have been shown to deliver an programs. A decision to purchase insurance will not affect the resources and are typically related to the among the top-three performing asset attractive yield and distribution growth cost or availability of other products or services from PNC or its energy industry. classes over the past decade. Historically, with a historic average yield of seven per- affiliates. PNC does not provide legal, tax, or accounting advice unless, with respect to tax advice, PNC Bank has entered into a they have delivered high-current income, cent for the Alerian MLP Index. written tax services agreement. PNC does not provide services in MA: How popular are MLPs becoming as stable cash flows and strong distribution 3. MLPs can be an effective inflation any jurisdiction in which it is not authorized to conduct business. PNC Bank is not registered as a municipal advisor under the an investment vehicle? growth. These vehicles possess potential hedge, with historic distribution growth Dodd-Frank Wall Street Reform and Consumer Protection Act JS: As investors seek new sources of tax benefits at both the partnership and for the past eight years exceeding inflation. (“Act”). Investment management and related products and services provided to a “municipal entity” or “obligated person” returns, MLPs have become one of the investor level, as taxes may be deferred; 4. There are potential tax benefits, regarding “proceeds of municipal securities” (as such terms are fastest growing asset classes in the U.S. although investors should always consult although we recommend that investors defined in the Act) will be provided by PNC Capital Advisors. Over the past decade, the number of with their tax specialist prior to investing. consult their tax specialist as MLPs may “PNC Wealth Management,” “Hawthorn, PNC Family Wealth,” MLPs has more than tripled to over 120 In addition, it should be noted that tax represent a complex tax situation. and “Vested Interest” are registered trademarks and “PNC in existence today. They have a market reporting requirements for MLP investors Institutional Asset Management,” “PNC Retirement Solutions,” and “PNC Institutional Advisory Solutions” are service marks of capitalization equaling 10 times what it can be time consuming and costly. Mary Ashenbrenner is a Senior Vice President The PNC Financial Services Group, Inc. was 10 years ago. with PNC Wealth Management. She can be Investments: Not FDIC Insured. No Bank Guarantee. May Lose MA: How do MLPs compare to common reached at mary.ashenbrenner @pnc.com or Value. MA: To what do you attribute this posi- stock? 215-585-1041. For more information, visit Insurance: Not FDIC Insured. No Bank or Federal Government Guarantee. Not a Deposit. May Lose Value. tive growth trend? JS: The primary difference between pnc.com/wealthmanagement JS: The build-out of energy infrastruc- MLPs and common stock is that common The material presented in this article is of a general nature and

For questions regarding Philadelphia Bar Association CLE, con- Bar CLE tact Tara D. Phoenix, Director of Continuing Legal Education, at continued from page 1 215-238-6349 or [email protected]. tical core subject matter essential to your practice needs. Learn from excep- tional and diverse faculty. Plus, you’ll be able to register for CLE courses quickly and easily on our newly redesigned Philadelphia Bar Association website, launching soon. Personalized Service. The Association is delighted to welcome Tara D. Phoenix, our new Director of Continuing Legal Education, who brings 20 years of experience and skill in the adult education and compliance industry to Philadelphia Bar Association CLE. (See related story on p. 16). Phoenix and the staff of the Philadelphia Bar Association are dedicated to bringing quality service and professionalism to the delivery of CLE.

philadelphiabar.org November 2015 Philadelphia Bar Reporter 15 philadelphia bar association cle Tara D. Phoenix to Lead Association’s Continuing Legal Education Department n By Ryan Gatto diverse membership. Phoenix has more than 20 years of experience in the compliance and learning In early 2016, the Philadelphia Bar Association development industries with positions at PBI, Chubb, PTS Learning Sys- will serve as a new provider of Continuing Legal Education tems and the Pennsylvania Department of Education. in the Southeastern Pennsylvania region. The Association “The Philadelphia Bar Association is proud to serve as a new provider of has named Tara D. Phoenix to direct its Continuing Legal Continuing Legal Education to lawyers across the region next year, with Education department and develop CLE programs in con- the level of quality and service that is a hallmark of our Bar Association. junction with its members, officers, staff and well-known As an adult education and compliance industry professional for more than regional legal professionals and organizations. 20 years, Tara brings tremendous experience and vision to Philadelphia For more than 10 years, Phoenix was the Pennsylvania Bar Association CLE and we are delighted she will spearhead this compre- Bar Institute’s (PBI) CLE program manager assigned to the hensive new offering for our membership,” said Mark Tarasiewicz, execu- Association. Phoenix plans to employ a collaborative model Rogers tive director of the Association. by working with the Association membership, leadership, Phoenix is a graduate of West Chester University and the Chubb Insti- Thomas as well as influential Philadelphia legal professionals, to by tute. She can be reached at 215-238-6349 or [email protected]. modernize and enliven its new in-house offerings and bring Photo diverse program content that matches the Association’s Phoenix Ryan Gatto ([email protected]) is an attorney in Philadelphia.

Asylum Law To meet that definition, the group must: (1) have mem- border. However, these individuals are not supposed to bers who share a common characteristic, (2) be defined be returned right away – a border officer must interview continued from page 14 with particularity and (3) be socially distinct within the them to see whether they have a credible fear of persecu- society in question. Unfortunately, fearing persecution tion. Though certain criteria is established in the law that applicants attempting to prove that their story should be from renouncing membership in a gang does not meet the the border officer should use in making that determina- an exception to the bar. Unfortunately, unless Congress definition. There has been a recent development for those tion, there is little oversight and consistency in its applica- redefines the term “terrorist,” which continues to expand, who seek asylum based on domestic violence, though. In tion. the system will remain backlogged. Matter of A-R-C-G the Board of Immigration Appeals Anyone interested in representing families in their Refugees coming to the U.S. from Central America face ruled that women in Guatemala who are unable to leave asylum case can contact Human Rights First. a different issue: their situations do not neatly fit into one their abusive relationships meet the definition of a particu- of the five categories of a refugee. Many Central Ameri- lar social group. Annie Kernicky ([email protected]), associ- cans fleeing their home countries do so fearing the gang The panel also discussed the dangers of vesting so much ate at Flaster/Greenberg, is an associate editor of the Philadel- violence – which has been held by U.S. courts to be too authority with border officers at the U.S. border consid- phia Bar Reporter. broad to qualify as a “particular social group.” ering that over 70 percent of removals take place at the

Splendors opments, moments, people and events tied to the history “As a long-time lover of Asian art, I was delighted to see of the Catholic Church and the Vatican, reflected in both the inclusion of some works that were not by European continued from page 6 important historical objects and artistic expression from artists,” said Judge Snyder. “I felt that the addition of works works of art and historically significant objects, many of different eras. An impressive focus in the exhibition is on of art dealing with faith from artists of different cultures which have never left the Vatican, are presented in a recre- the Sistine Chapel and Saint Peter’s Basilica. added greatly to the quality of the exhibit.” ated environment that enhance the attendees’ understand- Other highlights of the exhibit include works by From the sights and sounds of the grand basilica to a ing of their historical and artistic significance. Michelangelo, Bernini, Giotto and Guercino; precious touchable cast of John Paul II’s hand, attendees were able “In planning the event, what was most exciting for objects from the Papal Mass, bone fragments of Saint Peter to embark on a multi-sensory journey through the ages me was the ability to have a tour by a curator with such and Saint Paul discovered at their tombs, storied frescoes of artistic expression and religious iconography, from the in-depth knowledge. Ultimately, I felt that the curator’s and mosaics and historical objects from the modern and underground catacombs where the remains of Saint Peter experiences at the Vatican, combined with her really engag- ancient basilicas of Saint Peter’s in Rome. were discovered to the magnificent papal chambers found ing personality, added a great deal to our enjoyment of the “I was especially taken with a number of works which above ground. exhibit,” said Judge Snyder. lovingly portrayed women other than Mary,” said Axelrod. “It was a fun, beautiful and informative event and was Sheryl Axelrod, who attended the Bar Academy event, “There was a beautiful painting of a woman reading to her relevant especially given that Pope Francis had visited Phila- also felt that the curator added a special touch to her visit. baby, another of a woman comforting her daughter. The delphia the previous weekend. It brought pieces of Rome “I loved listening to the docent, a young woman who had pieces were warm and tender. It struck me that while today and the Vatican to Philadelphia at a time when we were spent years living in Vatican City, share her considerable women can occupy spheres the painters could scarcely have suffering from ‘pope fever,’” said Johnson-Huston. knowledge about the splendors, and put the pieces into the imagined, with the exception of Mary, it is sadly rare to see “Vatican Splendors” will remain in Philadelphia through context of the time when they were made,” she said. women portrayed through loving eyes for them.” Feb. 15. The exhibition is organized into 11 galleries that illus- In addition to artwork from European artists, the exhibi- trate the evolution of the Catholic Church and its papacy, tion showcases Asian arts as well as intricately embroidered May Mon Post ([email protected]), of counsel at Fisher & beginning with Saint Peter through the papacy of Pope silk vestments and historical maps and documents from Phillips LLP, is an associate editor of The Philadelphia Lawyer. Francis, with thematic areas highlighting important devel- around the world.

16 Philadelphia Bar Reporter November 2015 philadelphiabar.org bUsiness laW section Giants of the Business Bar with Amelia Boss Rogers Thomas by Photo Chancellor Albert S. Dandridge III (left to right) with Hon. Jean K. FitzSimon, United States Bankruptcy Judge for the Eastern District of Pennsylvania; Amelia Boss, trustee professor of law, Drexel University Thomas R. Kline School of Law; and Graham R. Laub, chair of the Philadelphia Bar Association’s Business Law Section; at Giants of the Business Bar featuring Boss at the Wells Fargo Museum on Oct. 22. Boss was the first professor and second woman to have chaired the Business Law Section of the American Bar Association.

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philadelphiabar.org November 2015 Philadelphia Bar Reporter 17 18 Philadelphia Bar Reporter November 2015 philadelphiabar.org 2015 bench-bar & annUal conference Crump Discusses Resuscitating Due Process n By Thomas Rogers guest speaker, Crump. Crump, an attorney known for tion in America, especially from young people. They his advocacy in the Trayvon Martin case, is a frequent said, how can you kill an unarmed person of color in As he has gone across the country looking at speaker and author, including his article “The Police broad daylight with no one held accountable?” grand juries after the Michael Brown decision, Benja- Don’t Shoot White Man in the Back; Representing According to Crump, the case stuck a nerve, and it min L. Crump has often been asked, what is a grand Minorities in Police Brutality Cases.” The chat was turned the public focus on the American grand jury jury? The 2015 Bench-Bar & Annual Conference titled “We Can’t Breathe: The Struggle to Resuscitate process, which has been abolished in several states. opening plenary featured a fireside chat between Rachel Due Process in Police Excessive Force Cases.” These cases have put it under tremendous scrutiny. He E. Branson, special advisor to the Chancellor, and Regarding the Michael Brown case in Ferguson, said that most people do not understand the grand Mo., Crump said jury process, or know that it was originally created by “One of the things I English monarchs in order to keep certain legal matters think everybody saw from reaching the courts. In today’s grand jury process, in Ferguson was just a prosecutor convenes a group of 23 jurors, presents how riveting these the case and then asks the grand jury to bring a verdict matters are becom- to charge or not charge the suspect. A judge is not ing in society.” He involved. went on, “The power “You can get an indictment on a ham sandwich, if of social media once you want to do it,” said Crump. However, when police again showed how shootings are addressed, he said, the process “gets transcendent [these turned on its head” and he has seen a lack of indict- cases] are now in ments in cases like Michael Brown. He believes that American culture. in those cases, there has been a symbiotic relationship [The Michael Brown between the prosecutors and the police departments. case] became the “Let’s face it, these individuals work together every number one trending day.” He explained that prosecutors are not often asked story in the entire to decide whether to charge police officers, who they world. When that rely upon everyday, whose credibility they have to build grand jury decision up in order to get convictions. In situations like the came back, and it Michael Brown case, prosecutors are asked to attack Photo by Thomas Rogers Thomas by Photo Chancellor Albert S. Dandridge III, Rachel E. Branson, Julia Swain, chair, 2015 Bench- was found that the the credibility of these officers. According to Crump, as Bar & Annual Conference and Benjamin L. Crump, opening plenary speaker, at the 2015 jury believed that the long as this dynamic exists, outcomes like the Michael Bench-Bar & Annual Conference in Atlantic City, N.J. on Oct. 16 police were justified, Brown case will continue. they had such a reac- Judges Review Courts’ Initiatives, Successes n By Thomas Rogers Pleas; and Hon. Bradley K. Moss, Supervising Judge, sylvania, the judiciary must remain on the sidelines, he Civil Division, Philadelphia Municipal Court. said, until the legislature resolves the budget. However, Perhaps the most significant update to the Another update from Chief Justice Saylor was of a regardless of the size of the judiciary’s budget requests state of Pennsylvania’s courts this year was the historic different tone. Without a state budget passed in Penn- each year, continued on page 23 situation of three open seats on the bench of the Supreme Court of Pennsylvania, Hon. Thomas G. Saylor, Chief Justice, Penn- sylvania Supreme Court, told the audience of the State of the Courts program which closed the 2015 Bench-Bar & Annual Conference on Oct. 17. Along with Chief Justice Saylor, the panel of judges included Hon. Debra McCloskey Todd, Justice, Supreme Court of Pennsylvania; Hon. Susan Peikes Gantman, President Judge, Pennsylvania Superior Court; Hon. Renée Cohn Jubelirer, Judge, Pennsylvania Common- wealth Court; Hon. Sheila A. Rogers Thomas by Photo State of the Courts speakers were (from left) Hon. Thomas G. Saylor, Chief Justice, Pennsylvania Supreme Court; Hon. Debra Woods-Skipper, President Judge, McCloskey Todd, Justice, Supreme Court of Pennsylvania; Hon. Susan Peikes Gantman, President Judge, Pennsylvania Superior Philadelphia Court of Common Court; Hon. Renée Cohn Jubelirer, Judge, Pennsylvania Commonwealth Court; Hon. Sheila A. Woods-Skipper, President Judge, Philadelphia Court of Common Pleas; and Hon. Bradley K. Moss, Supervising Judge, Civil Division, Philadelphia Municipal Court. philadelphiabar.org November 2015 Philadelphia Bar Reporter 19 5 Board of Governors Seats Unopposed Beitz Farrell Funt Hess Taylor

For 2015, the five open seats on the Board of for workers’ rights and co-founded his current law firm. worker’s Project, Kennett Square, Pa. (1995-2013). Governors are unopposed. The five candidates are Castor Hess is a partner at Goldbulm & Hess PC Taylor is an attorney at Disability Law Advocates Edward F. Beitz, Maureen Farrell, James Funt, Wendy and a graduate of George Washington School of Law. Group, P.C. and a graduate of Temple University Beas- Castor Hess and Adam M. Taylor. Castor Hess is the chair Beitz is an associate at White & Williams LLP and a of the Immigration Law graduate of Rutgers Law School. Committee (2011-present;) Bar to Elect Officers, Board Members Beitz was chair of the Executive Committee of the was a course planner and The Philadelphia Bar Association’s Annual Election of officers and members Young Lawyers Division (YLD) (2014); chair-elect of faculty member, of the 2015 of the Board of Governors will be held on Tuesday, Dec. 8 from 8:30 a.m. to 6 the YLD (2013); treasurer of the YLD (2012); and vot- Bench-Bar & Annual Con- p.m. on the Ballroom Level of the Park Hyatt Philadelphia at the Bellevue, Broad ing member of the YLD Executive Committee (2011- ference co-course planner, and Walnut streets. Officers to be elected are vice chancellor, secretary, treasurer, 2014). for the Immigration Law assistant secretary, assistant treasurer and five members of the Board of Governors Farrell is principal of The Law Offices of Maureen and Solo, Small & Mid-Size for three-year terms. M. Farrell and a graduate of Widener University Dela- Firm Committees (2015); According to Article IV, Section 406, Paragraph B, “The election shall be by (1) ware Law School. course planner and faculty secret mailed ballot and (2) paper ballot or voting machine. In addition, members Farrell is a member of the Probate and Trust Law member for the Chancellor’s may vote electronically over the Internet to the extent permitted by law pursuant Section (2007-present); was an investigator for the Forum titled “Unaccompa- to procedures established by the Board to preserve the confidentiality of the Mem- Commission on Judicial Selection and Retention nied Immigrant Minors: The ber’s vote and the integrity of the voting process. Voting machines, if available, (2015); is an associate editor of the Philadelphia Bar Humanitarian Crisis Not shall be preferred for in-person voting, unless there is an election at which there is Reporter (2014-2015); is a Legal Line volunteer (2015); Just at Our Borders” (2014); no contest. The position of the nominee on the ballot shall be determined by lot. she was a creator of the Women in the Profession News- course planner and mod- The drawing of lots shall be conducted by the Judge of Elections not less than 25 letter Committee and editor-in-chief of the newsletter erator, for Immigration Law days before the Annual Meeting in the presence of the nominees and/or their rep- (2011-2012); a course planner and faculty member at Committee CLE (2014); resentatives. The form of the ballot shall be prescribed by the Board. A ballot shall the 2013 Bench-Bar & Annual Conference program was a course planner for the be sent by the Association by mail to every Association member eligible to vote at recognized as the highest individual fundraiser for the Immigration Law and Solo, least two weeks prior to the date set for the Annual Meeting. A mailed ballot shall Bar 5K Run/Walk (2010); was a member of the Bar Small & Mid-Size Firm not be counted unless it has been received at the office of the Association no later 5K Run/Walk Charity Committee (2010-2011, 2013); Management Committees than 10 a.m. three business days prior to the date set for the Annual Meeting and member of the Green Ribbon Committee (2011-2013), CLE (2013). in such manner as to preserve the confidentiality of the member’s vote. The Judge the Family Law Section (2012-2014), the Business Castor Hess is a co-chair of Elections shall count the mailed ballots after the polls have been closed.” Law Section (2012-2015); and she is a member of the of the Pennsylvania Bar Ballots are to be mailed Nov. 19 and are due by Dec. 3 at 10 a.m. Solo, Small & Mid-Size Firm Management Commit- Association, Immigration tee (2007 to present), the LGBT Rights Committee Law Committee (2012-pres- (2011-present) and the Women in the Profession Com- ent) and was vice chair Candidates for Office mittee (2007-present). (2010-12); is the Pro Bono Farrell was a member of the Brehon Law Society Immigration Counsel Vice Chancellor (elect one) Board of Governors Executive Board (2014); chair of the Women in the to the Mexican Consul- Mary F. Platt Edward F. Beitz Brehon’s (2012-2014); was chair of the Brehon Mem- ate in Philadelphia and a Hon. A. Michael Snyder (ret.) Maureen Farrell bership Committee (2012-2014); fundraiser and member of the consulate’s Secretary James Funt promotional event organizer for Community Legal Programa de Asistencia Jacqueline G. Segal Wendy Castor Hess Services Justice for All 5K Run (2013); member of the Legal Externa (PALE) Treasurer Adam M. Taylor 5K Run Committee (2012); and is a board member (2010-present); a member of Regina M. Foley of the Bryn Mawr Running Club, Executive Com- the American Immigration Assistant Secretary mittee (1999 to present); a member of the Widener Lawyers Association (AILA) Jennifer S. Coatsworth Women’s Alumni Network (2007 to present); served on (1981-present) and was the Assistant Treasurer the Women’s Way Unsung Heroine Awards Commit- Philadelphia Chapter chair Natalie Klyashtorny tee (2011-2012); and is a member of the Washington (1996-97); is the national Square West Civic Association, The Barristers’ Associa- liaison to the U.S. Depart- tion of Philadelphia, The Philadelphia Trial Lawyer’s ment of Labor and U.S. Immigration & Naturalization ley School of Law. Association, The Justinian Law Society, The Brehon Service Vermont Service Center, Liaison Committee Taylor is a member of the Workers Compensation Law Society and the Philadelphia Volunteer for the chair and co-chair Philadelphia AILA-U.S. Citizenship Section (2012-present), serves on the Executive Com- Indigent Program. & Immigration Services, course planner and faculty mittee and was co-chair (2013). Funt is a partner at Greenblatt, Pierce, Engle, Funt member for numerous national and chapter AILA Taylor won the M.S. Leadership Award from the & Flores, LLC and a graduate of Temple University conferences and mentor to new AILA members; was Multiple Sclerosis Association of America (2007). Beasley School of Law. president of HIAS Pennsylvania (Hebrew Immigrant Funt was chair of the Criminal Justice Section (2013) Aid Society) (2010-12), former vice president, secre- and is co-chair (2015) and serves on the Commission tary, treasurer and current board member; received for Judicial Selection and Retention (2013 – present). the HIAS Advocacy Award (2009); and immigration Funt worked on the US/Mexican border advocating volunteer for the Philadelphia Legal Assistance Farm-

20 Philadelphia Bar Reporter November 2015 philadelphiabar.org 15 Seek 7 Seats on YLD Executive Committee

James G. Begley David M. Bercovitch Colin Burke Meghan Claiborne John J. Coyle Lily Dideban Caroline Diehl Matthew A. Fontana

Lauren Friedberg Lindsey R. Harteis Chad Holtzman Kandis L. Kovalsky Matthew P. Rubba Sarah O. Schindler Michaella Tassinari

James g. begley moving to Philadelphia, I have done this Judicial Fellow to the Honorable Paula through pro bono work and volunteer- A. Patrick, Court of Common Pleas; Professional Background: Associate, colin burke ing on several local and national cam- Legal Intern for the Executive Office for Cohen, Placitella and Roth, P.C.; Rut- paigns. As a member of YLD’s Executive Immigration Review, Department of gers School of Law. Professional Background: Associate, Committee, I would work to further Justice; Law Clerk to the Law Offices of Candidate’s Statement: As a former Kline + Specter, P.C.; Widener Univer- YLD’s sense of community by encourag- John A. Klamo; Certified Legal In- federal law clerk and a practicing lawyer sity School of Law. ing involvement in these projects. tern, York County Office of the Public for the past five years, I believe that I Activities: Brehon Law Society; Defender; Legal Intern, Pennsylvania have gained the experience to help in Philadelphia Trial Lawyers Association; John J. coyle Immigration Resource Center; Legal In- managing the activities of the Young Pennsylvania Association for Justice. tern, Highmark Inc.; Research Assistant Lawyers Division. My experience as Candidate’s Statement: I am qualified Professional Background: Assistant to Professor Susan Hascall of Duquesne a law clerk and the relationships I to serve on the YLD Executive Commit- City Solicitor, City of Philadelphia Law University School of Law; Rutgers developed will help in events for young tee as I possess the necessary leadership Department, Civil Rights Litigation University School of Law, J.D. received; lawyers in transitioning from school to skills, management skills and dedication Unit; Temple University Beasley School University of the Netherlands Antilles, practice. I also believe that being a part to continue the good work of the YLD. of Law. American Bar Association Approved of the Executive Committee will benefit I am already a consistent volunteer to Activities: Temple American Inn of Study Abroad; Duquesne University my personal and professional growth several of the YLD community outreach Court; Philadelphia Bar Association; School of Law. by helping me build relationships that events and look forward to carrying on Pennsylvania Bar Association; volunteer, Activities: Vice Chair to the Interna- will be beneficial both in and out of the the YLD and Philadelphia Bar Asso- Temple University L.E.A.P. High School tional Law Committee; Young Lawyers courtroom. ciation’s mission of giving back to the Mock Trial Program; volunteer, Law Division Co-Liaison to the Interna- community. Day – Trials of Gold E. Locks. tional Law Committee; Board Observer david m. bercovitch Candidate’s Statement: Through my to Nationalities Service Center of the meghan claiborne time with the Civil Rights Unit at the Philadelphia Bar Foundation. Professional Background: Litigation Solicitor’s Office, I’ve had the opportu- Candidate’s Statement: For two years, and Immigration Associate at the Law Professional Background: Associate nity to work on cases and interact with I served as the YLD co-liaison to the Offices of Stanley J. Ellenberg; Villanova in the Litigation Department, Duane a wide array of young attorneys, from International Law Committee com- University Law School. Morris LLP; Emory University School public defenders to law firm associates. municating between our committees. I Activities: Young Professional Net- of Law. This has made me acutely aware of the co-organized Recent Developments in work, Greater Philadelphia Chamber Activities: Billy Penn’s Who’s Next in many challenges facing young attorneys, Asylum Law, Insights into the Upcom- of Commerce; Louis D. Brandeis Law Law; Young Philly for Hillary Lead- and perhaps more importantly, many of ing Israel Election, Russian Legal Sys- Society; American Immigration Lawyers ership, member; Isaiah Thomas for the social justice issues facing our Phila- tem presentation, NSC Young Friends Association; Pro Bono Committee, New Philadelphia Councilman, campaign delphia community. It is my hope to Kick-Off, Affinity Bar Quizzo, and York Chapter. volunteer; Support Center for Child help shape a YLD that provides devel- more. I am also a dedicated volunteer Candidate’s Statement: I am run- Advocates; volunteer attorney; Philadel- opment and networking opportunities with mock trial, school supply drives ning for the Young Lawyers Division phia Reads, volunteer. through programming that encourages and LegalLine. I support Affinity Bar (YLD) Executive Committee because Candidate’s Statement: I would bring young professionals from across indus- outreach and attended APABA’s Lunar I am eager to serve the Philadelphia an energetic attitude to the Executive tries to engage on issues that will better New Year Banquet, Barristers Schol- Community and the Philadelphia Bar Committee, as well as an innovative our city, our communities, and our arship Gala, and the YLD Diversity Association. Through events such as law perspective on how to get involved. I profession. Reception. I am seeking election to gain week, the mock trial competition and strongly believe that as young profes- voting privileges as I continue my YLD other community outreach, the YLD sionals with a specialized skill set, we lily dideban involvement and support to ambassador Executive Committee is committed to have an obligation to give back to our our efforts globally. civic engagement. I look forward to the community, whether directly through Professional Background: Judicial Law opportunity to do my part in planning offering legal assistance or on a larger Clerk to the Honorable Sierra Thomas scale through political action. Since Street, Court of Common Pleas; and organizing these tremendous events. continued on page 22 philadelphiabar.org November 2015 Philadelphia Bar Reporter 21 ate, Pepper Hamilton LLP; Villanova As vice-president of my college’s YLD Executive Professional Background: Associate University School of Law. figure skating team for three years, I Committee at Morgan, Lewis & Bockius LLP; Activities: Member, Temple American organized approximately 30 fundrais- continued from page 21 Associate, Legal Counsel and Associ- Inn of Court; Pennsylvania Innocence ers. Through strategic planning and ate, Business Development, Fortress Project; Board Member, Jewish Na- teamwork, I helped lead our team caroline diehl Biotech, Inc.; New York Law School, tional Fund Future. to three national medals. This year, I cum laude. Professional Background: Associate, Candidate’s Statement: Being active Election Notice Weber Gallagher; Villanova University within the community has always been School of Law. important to me. While attending law Candidates For YLD Executive Committee Activities: Philadelphia Bar Associa- school in New York, I was involved Balloting for members of the Young Lawyers Division Executive Committee will tion; Executive Board member and with the New York County Lawyers’ take place on Tuesday, Dec. 8, from 8:30 a.m. to 6 p.m. on the Ballroom Level of liaison to the YLD and Worker’s Com- Association, Student Bar Association the Hyatt at The Bellevue, Broad and Walnut streets. This year, 15 candidates are pensation Committee; member of the and Honor Court. Since moving back seeking election to seven seats available on the YLD Executive Committee. Com- Diversity & Inclusion Committee of to Philadelphia, I enjoyed being a Big mittee members serve three-year terms. the Worker’s Compensation Section of Sister for the Big Brothers Big Sisters the Philadelphia Bar Association. organization and a House Captain Candidates for Office Candidate’s Statement: I attended for the Rebuild with the Renaissance college and law school in the Philadel- Group event, as well as participating in James G. Begley Lauren Friedberg phia area and now live and work in the many other opportunities to volunteer David M. Bercovitch Lindsey R. Harteis city. I’m interested and committed to locally. I am looking to become more Colin Burke Chad Holtzman community outreach in my firm and involved within the Philadelphia legal Meghan Claiborne Kandis L. Kovalsky outreach provided by the Philadelphia community in order to connect with John J. Coyle Matthew P. Rubba Bar Association to the city. The Young other professionals and plan meaning- Lily Dideban Sarah O. Schindler Lawyers Division is an excellent way to ful events. Caroline Diehl Michaella Tassinari learn from my peers and provide them Matthew A. Fontana with what I have learned in my first lindsey r. harteis years of practice. I work in a firm that Note: Only members in good standing of the Association’s Young Lawyers Divi- does pro bono work, mentoring and Professional Background: Associ- sion may cast votes in this election. Attorneys are members of the Division if (1) has attorneys serving on local commit- ate, Life Science and Health Industry they have not yet reached or reached the age of 37, or (2) they have not yet reached tees and boards. I continue to grow Group, Litigation Section, Reed Smith or reached the third anniversary of their first admission to the bar of any state. in my career and in my desire to help LLP; Judicial Intern to the Honorable others succeed. Cynthia M. Rufe, United States Dis- trict Court for the Eastern District of Candidate’s Statement: I am com- helped created a Young Professionals Pennsylvania; Intern, United States At- mitted to encouraging young lawyers division of Make-A-Wish. As the vice- matthew a. fontana torney’s Office for the Eastern District to become actively involved in the president, I helped raise over$5,000 for of Pennsylvania. Philadelphia Bar Association by par- the Walk for Wishes – the most of any Professional Background: Associate Activities: Member, Eastern District ticipating in the various educational team. I am passionate about the YLD’s in the Labor and Employment Attor- of Pennsylvania Prisoner Civil Rights and entertaining activities hosted by mission and I believe my experience ney, Buchanan Ingersoll and Rooney; Litigation Panel; member, Reed Smith the Young Lawyers Division through- as a leader and a teammate will make Villanova School of Law. Tangled Title Team (in Partnership out the year. I believe in promoting me a valuable member of the Executive Activities: Member, Pennsylvania Bar with VIP); Reed Smith Mentor Com- the development of young lawyers in Committee. Association; member, Philadelphia Bar mittee; volunteer, PILCOP Early Vot- Philadelphia through networking and Association; board member, Children’s ing Project. public service opportunities. I would matthew p. rubba Village. Candidate’s Statement: Through be honored to serve on the Young Law- Candidate’s Statement: I believe I am engagement in local pro bono and firm yers Division Executive Committee Professional Background: Associate, qualified to serve on the Young Law- initiatives, I have developed connective and believe I would provide the leader- Blank Rome LLP; Rutgers University, yers Division’s Executive Committee ties to local pro bono organizations. ship necessary to encourage young J.D. because of my experience serving on This will enable me to strengthen lawyers to contribute in the growth Activities: Board Observer, Nonprofit boards of professional and non-profit relationships between YLD members and advancement of the Philadelphia Board Observer Program, Philadelphia organizations and my commitment to and the community’s most deserving legal community. Bar Association; Advisory Board Mem- the Philadelphia legal community. Spe- pro bono projects. I am asking for your ber, Fairleigh Dickinson University; cifically, I have experience on boards vote to put me on the YLD Execu- kandis l. kovalsky Pro Bono Attorney, Philadelphia VIP; and executive committees of several tive Committee to allow me to bring Court Certified Arbitrator, Philadel- organizations where I have provided my experience, passion and leadership Professional Background: Associate, phia Court of Common Pleas; Arbitra- oversight over operations, served on to the organization in order to build Weir and Partners. tor, Fee Disputes Committee, Philadel- committees and fundraised. I am also and enhance relationships between Activities: Member of the Pennsylva- phia Bar Association; Leader/Guitarist, very committed to Philadelphia and Philadelphia’s young legal talent and nia Bar Association; vice-president and the Alternative Dispute Revolution, the Philadelphia legal community. I some of the City’s most deserving legal founding member of the Young Profes- The Blank Rome Bank. am actively engaged in my local ward, causes and for us together to build on sionals Division of the Philadelphia, Candidate’s Statement: It has always where I served on the judicial nomina- the Committee’s most impressive list of Northern Delaware, Susquehanna been my nature to be active in my tion committee, as well as with the accomplishments. Valley Chapter of the Make-A-Wish environment. Throughout the course bar association and several community Foundation. of my education I served extensively based non-profits. chad holtzman Candidate’s Statement: I have an in student politics and participated in extensive amount of experience in civic cases. As a practicing attorney, I lauren friedberg Professional Background: Associ- both leadership and public service. have continued this active approach continued on page 23

22 Philadelphia Bar Reporter November 2015 philadelphiabar.org Pogust Braslow & Millrood, LLC; Vil- would love to join the Executive Com- year, I served on the YLD Executive YLD Executive lanova Law School. mittee so that I can play a more active Committee as liaison to the State Civil Committee Activities: Philadelphia Bar Association role. Rest assured that, if elected, I will Litigation Section of the Philadelphia continued from page 22 Young Lawyers Division; Brandeis Law make a meaningful contribution. Bar Association. Although I am cur- Society, Executive Committee Mem- rently a non-voting member of the by incorporating my passions for art ber; American Association for Justice; michaella tassinari Executive Committee, I took every and music into purposeful community Philadelphia Trial Lawyers Association; opportunity to learn how the Executive building pursuits. These include form- Pennsylvania Association of Justice. Professional Background: Attorney, Committee works and become involved ing and performing with Blank Rome’s Candidate’s Statement: Having partici- Robert J. Casey, Jr. & Associates (Em- in its programs. I judged mock trial own rock band, in partnership with pated in many YLD events and projects ployees of the Corporate Law Depart- competitions, helped with law week United Way, as well as by contribut- over the last few years, I really appreciate ment of State Farm); Villanova Univer- activities, cooked at Ronald McDonald ing my original artwork to numerous this group and all its great work. I par- sity School of Law. House, and helped organize Harvest for charity auctions. I wish to further my ticularly embrace the YLD’s interest in Activities: Member, Philadelphia As- the Homeless. I attended almost every commitment to the Philadelphia legal promoting access to justice, as I repre- sociation of Defense Counsel; Philadel- monthly Executive Committee meeting. community as a member of the YLD sent individuals on a day-to-day basis in phia Bar Association, Young Lawyers Now, I want to use my commitment Executive Committee. my practice and assist clients pro bono Division, Member and Liaison to the and experience to be a voting member whenever I can. I also share the YLD’s Executive Committee, Member, State of the Executive Committee. sarah o. schindler focus on professional development; I Civil Litigation Section. hardly ever miss a networking event! I Candidate’s Statement: For the past Professional Background: Associate,

Courts Court, will become a senior judge. In 2016, Hon. Bon- involvement of the Philadelphia Court of Common continued from page 19 nie Brigance Leadbetter, Judge, Commonwealth Court, Pleas. “Not only do we do our jobs, we also extend will become senior judge and Hon. Bernard L. McGin- ourselves into the communities by serving in food the judiciary still costs the state “only one half of 1 ley, Judge, Commonwealth Court, will leave the court. shelters, donating school supplies, mentoring students, percent of general state appropriation,” he said. President Judge Gantman talked about the state of participating in ACE programs, attending “meet the Justice Todd discussed a few of the initiatives of the the Superior Court, the court of last resort for 95 per- judges” forums and many other community activities,” Supreme Court, one of which involved the Veterans cent of the cases in Pennsylvania. The Superior Court President Judge Woods-Skipper said. She also said that Court system. Justice Todd was assigned in January to is the busiest statewide appellate court in the country as a court, they are determined to be transparent and act as Supreme Court liaison to the Veterans Court, averaging 425 decisions each month. “The American accountable while providing access to justice. and stated the Supreme Court’s commitment to sup- Bar Association has standards relating to appeals courts Supervising Judge Moss ended the panel discussion port veterans in transition back to civilian life. Penn- and suggests that the intermediate appellate courts and talked about his court’s pilot program dealing with sylvania has the fifth highest population of veterans in should receive 90 percent of the appealed decisions consumer debt. The program took the debtor bar, peo- the country. “Since 2004, the number of veterans being within one year, from the date of the decision and the ple who represent consumers, and put them together treated for mental illness and substance abuse and dis- appeal. We are proud to report that we exceed that with those who sue consumers for debt collection. The orders has increased by 38 percent,” she said. standard,” President Judge Gantman said. program was designed to encourage people to come to The Commonwealth Court is in a period of transi- Regarding the Philadelphia Court of Common Pleas, court, take advantage of legal assistance to resolve their tion, Judge Jubelirer said. At the end of 2015, Hon. President Judge Woods-Skipper discussed a number cases quickly and have the opportunity to resolve their Dan Pellegrini, President Judge, Commonwealth of initiatives. She also talked about the community issues without a judgment.

Association Insurance Program website at www.mybarinsurance.com/PhiladelphiaBar. Open Enrollment com/Philadelphia Bar. If you want to talk with someone If you’d like to talk to someone about insurance and benefits options for Philadelphia Bar continued from page 13 about insurance and benefits options for Philadelphia Bar Association members, call USI Affinity Benefit Specialists at 1-855-874-0267.

Association members, call USI Affinity Benefit Specialists For over 75 years, the divisions of USI Affinity have developed, marketed and admin- be the most valuable feature of the new Philadelphia Bar at 855-8740267. istered insurance and financial programs that offer affinity clients and their members Association Insurance Exchange. unique advantages in coverage, price and service. As the endorsed broker of the Phila- delphia Bar Association and more than 30 other state and local bar associations and You can access the Philadelphia Bar Association Insur- Brian McLaughlin ([email protected]) is with more than 30,000 attorneys insured, USI Affinity has the experience and know-how ance Exchange at www.usiaffinityex.com/PhiladelphiaBar. vice president of USI Affinity’s Benefit Solutions Group. to navigate the marketplace and design the most comprehensive and innovative insur- For lawyers’ professional liability and other business ance and benefits packages to fit a firm’s individual needs. coverages, you will still use the Philadelphia Bar Associa- For more information about insurance, visit the Philadelphia Bar Association Insurance Exchange at www.usiaffinityex.com/PhiladelphiaBar. For Lawyers’ Professional Liabil- tion Insurance Program website at www.mybarinsurance. ity and other business coverage, you can continue to visit the regular Philadelphia Bar

Line Offices Conference, 2009 Annual Meeting, 2010 Midyear Meet- tion. She served as the chair of the YLD (2005), co-chair continued from page 9 ing and 2011 Annual Meeting; is an ABA YLD member of the Association’s City Policy Committee (2008) and tion Civil Litigation Section Executive Council (2011 (2003-present), is the president, University of Maryland co-chair of its Solo and Small Firm Management Com- - present) and its treasurer (2015-2016). Alumni Association Greater Philadelphia Area Club mittee (2010). She served as a member of the Associa- Coatsworth is a member of the Philadelphia Asso- (2003-present); is a member of the Temple University tion’s Commission on Judicial Selection and Retention ciation of Defense Counsel Executive Committee Beasley School of Law Alumni Association (2003-pres- and is currently a member of the Investigative Division (2010-present); is co-chair of the Brandeis Law Soci- ent); and served as Secretary (2008, 2009) and counsel of the Judicial Commissions of both the Philadelphia Bar ety CLE Committee (2012-present), a member of its (2008-present) of the Storybook Musical Theatre. Association and Pennsylvania Bar Association. Executive Committee (2011-present), co-chair of Special Klyashtorny is counsel at Nochumson P.C. and gradu- Klyashtorny is also a member of the Temple American Events (2013-present), fellowship supervisor (2012-pres- ated from Temple University Beasley School of Law. Inn of Court, the Louis D. Brandeis Law Society and the ent) and Philadelphia Volunteers for the Indigent Klyashtorny is active within the legal community, cur- Philadelphia Trial Lawyers Association. Program firm liaison (2009-present); was a member of rently serving a three-year term as an elected member of the American Bar Association YLD Delegate, 2008 Fall the Board of Governors of the Philadelphia Bar Associa- philadelphiabar.org November 2015 Philadelphia Bar Reporter 23 federal coUrts committee Gaining Experience and Providing Pro Se Litigants Access to Justice n By Megan N. Harper federal courts before referral for pro bono representa- cases in the federal courts is tremendous. Hon. Mitch- tion, increasing the likelihood of litigation beyond a ell S. Goldberg, United States District Court for the There are several reasons not to take a pro bono 12(B)(6) motion to dismiss. According to Marcia M. Eastern District of Pennsylvania, estimated 10 percent case: Waldron, clerk, United States Court of Appeals for the of the District Court’s docket are pro se cases. He and • Do not take a pro bono case if you are not inter- Third Circuit, the Third Circuit averages 20 pro bono his fellow colleagues are “very enthusiastic” about the ested in honing your courtroom skills; appointments per year. Of the 13 most recently decided assistance they receive from counsel. Hon. Richard A. • Do not take a pro bono case if you want to avoid pro bono cases, 11 were argued before the court. Given Lloret, Magistrate Judge, United States District Court a reputation as an attorney willing to assist the the Third Circuit otherwise hears argument in only for the Eastern District of Pennsylvania, a member of court with pro se litigants; approximately 10 percent of cases, the percentage of the District Court’s Public Interest Committee, notes • Do not take a pro bono case if you do not pro bono cases going to argument before the court is that the federal courts are not readily accessible to the believe in constitutional rights. significant. lay litigant. In order for litigants to have genuine access Samuel W. Silver, partner, Schnader Harrison Segal There is a variety of work available to attorneys will- to the federal courts it has to be with the assistance of & Lewis LLP, presented these and other reasons to ing to help. Recent appointments in the Third Circuit, counsel. Assistance of counsel is important not only reject pro bono appointments to those gathered at the according to Waldron, included 10 prisoner civil rights to management of the federal court system, says Judge Sept. 22 meeting of the Federal Courts Committee. cases, seven immigration cases and four non-prisoner Lloret, but for the perception of justice. Silver, co-coordinator of the U.S. District Court for the civil rights cases. In addition to the Prisoner Civil Rights Eastern District of Pennsylvania’s Prisoner Civil Rights Panel, the District Court also has a Plaintiff’s Employ- Megan N. Harper ([email protected]) is a deputy city Panel, and his fellow panelists were unanimous in ment Panel which provides representation to pro se solicitor for the City of Philadelphia. underscoring the opportunity for federal court litiga- employment plaintiffs. Both panels are overseen by the tion experience available to attorneys willing to take pro District Court’s Public Interest Committee. bono appointments. Attorneys taking pro bono appointments have the The merits of pro se cases are screened by the gratitude of the courts as the burden of managing pro se

24 Philadelphia Bar Reporter November 2015 philadelphiabar.org philadelphiabar.org November 2015 Philadelphia Bar Reporter 25 CALENDAR OF EVENTS

Note: While the following listings have been verified prior to press time, any scheduled event may be subject to change by the committee or section chairs. Lunches are $9 for mem- bers and $12 for non-members, unless otherwise indicated. Register online for most events Workers’ Compensation Section: CLE Board of Governors: meeting, 4 p.m., at philadelphiabar.org. Unless otherwise specified, all checks for luncheons and programs program, 12:30 p.m., 11th Floor Con- 10th Floor Board Room. ference Center. Lunch: $9. Register: should be made payable to the Philadelphia Bar Association and mailed to Bar Headquar- Nov. 20 ters, 1101 Market St., 11th Floor., Philadelphia, PA 19107-2955. pbi.org. Social Security Disability Benefits Commit- Nov. 2 Nov. 10 Nov. 16 tee: meeting, 12 p.m., 10th Floor Board Criminal Justice Section: Family Law Section: meeting, 12 p.m., Orphan’s Court Litigation & Dispute Reso- meeting, 12 Room. Lunch: $9. 11th Floor Conference Center. Lunch: lution: meeting, 8:30 a.m., HQ Business p.m., 11th Floor Conference Center. XYZ’s of Real Estate: educational pro- $9. Center, 1500 Market St., East Tower, Lunch: $9. gram, 12 p.m., 11th Floor Conference 12th Floor, Philadelphia, Public Interest Executive Committee: Center. Lunch: $9. Nov. 4 Chancellor’s Forum: Holly Petraeus, 12 meeting, 12 p.m., 10th Floor Board Delivery of Legal Services Committee: Nov. 23 p.m., 11th Floor Conference Center. Room. meeting, 8:30 a.m., 10th Floor Board Legal Rights of Children Committee: meet- Lunch: $9. Room. Nov. 17 ing, 12 p.m., 11th Floor Conference Real Property Section Executive Commit- Elections Forum: LGBT Rights Committee: meeting, 12 meeting, 12 p.m., 11th Center. Lunch: $9. tee: meeting, 12 p.m., Ballard Spahr p.m., 10th Floor Board Room. Floor Conference Center. Lunch: $9. YLD Executive Committee: meeting, 12 LLP, 1735 Market St., Philadelphia. Employee Benefits Committee: Criminal Justice and State Civil Litiga- meeting, p.m., 10th Floor Board Room. Rules and Practice Committee of the Pro- 12:30 p.m., 11th Floor Committee tion: meeting, 12:30 p.m., 11th Floor Nov. 24 bate Section: meeting, 4 p.m., Schachtel, Room South. Lunch: $9. Conference Center. Tax Committee of the Probate and Trust Gerstley, Levin & Koplin, P.C., 123 Education Committee of the Probate and Law Section: meeting, 8:30 a.m., Wilm- Nov. 5 South Broad Street, Suite 2170, Phila- Trust Law Section: meeting, 4 p.m., ington Trust, 1650 Market St., Suite Appellate Courts Committee: meeting, 12 delphia. Flaster/Greenberg, Four Penn Center 3150, Philadelphia. p.m.., 10th Floor Board Room. Lunch: Buisness Law & YLD Speed Mentoring 1600 John F. Kennedy Blvd., 2nd Floor, Women in the Profession Committee: $9. Event and Book Drive: 5:30 p.m., Reed Philadelphia. meeting, 12 p.m., 10th Floor Board YLD Program: CLE program, 12 p.m., Smith LLP, Three Logan Square, 1717 Cesare Beccaria Award Reception: 5 p.m., Room. Lunch: $9. 11th Floor Conference Center. Lunch: Arch St., Suite 3100, Philadelphia. Mayor’s Reception Room, Room 202, Ronald McDonald House Dinner: 6 p.m., $9. Register: pbi.org. Nov. 11 City Hall, Philadelphia. Chancellor’s Forum: educational pro- Ronald McDonald House, Chestnut Antitrust Law Committee: meeting, 12 gram, 4 p.m., Pepper Hamilton LLP, Nov. 18 Street House, 3925 Chestnut St., Phila- p.m., Pepper Hamilton LLP, 3000 Two Logan Square, Eighteenth Business Law Section Executive Commit- delphia. 3000 Two Logan Square, Eighteenth and Arch streets, Philadelphia. tee: meeting, 12 p.m., Eckert Seamans and Arch streets, Philadelphia. Nov. 26-27 YLD Networing Meet & Greet: 6 p.m., Cherin & Mellott, LLC, 1515 Market Elder Law & Guardianship Committee: Thanksgiving: offices closed. The Pyramid Club, 1735 Market St., St., Philadelphia. meeting, 12 p.m., 11th Floor Confer- Philadelphia. Immigration Law Committee: meeting, 12 Nov. 30 ence Center. Lunch: $9. p.m., 10th Floor Board Room. Lunch: Civil Rights Commitee: meeting, 12 p.m., Nov. 6 Intellectual Property Committee: meeting, $9. 11th Floor Conference Center. Lunch: Large Firm Management Committee: 12 p.m., 11th Floor Committee Room YLD Cabinet: meeting, 12 p.m., 11th $9. “Business of Law Program,” 2 p.m, South. Lunch: $9. Floor Committee Room South. Equitable Distribution Commitee: meet- Pennsylvania Bar Institute Conference Nov. 12 Federal Courts Committee: meeting, ing, 12 p.m., Klehr Harrison Harvey Center, Wanamaker Building, 10th PDLG Diversity & Inclusion Symposium: 12:30 p.m., 11th Floor Conference Branzburg LLP, 1835 Market St., Suite Floor, Market and Juniper streets. 9:30 a.m., The Union League of Phila- Center. Lunch: $9. 1400, Philadelphia. LRIS Committee: meeting, 12 p.m., 11th delphia, 140 S. Broad St., Philadelphia. Legislative Committee of the Probate and International Business Initiative Commit- Floor Committee Room South. Legislative Liaison Committee: meeting, Trust Section: meeting, 4 p.m., Pepper tee: meeting, 12 p.m., 11th Floor Com- Nov. 7 12 p.m., 11th Floor Committee Room Hamilton LLP, mittee Room South. Lunch: $9. YLD Harvest for the Homless: 9 a.m., South. Lunch: $9. 3000 Two Logan Square, Eighteenth Ballard Spahr LLP, 1735 Market St., Real Property Section Evening Reception and Arch streets, Philadelphia. Philadelphia. & Annual Meeting: 5:30 p.m., Chima Legal Line: 5 p.m., LRIS Offices. Andrew Hamilton Benefit Bash: 7 p.m., Brazilian Steakhouse, 1901 John F. Ken- Nov. 19 Loews Philadelphia Hotel, 1200 Market nedy Blvd., Philadelphia. Family Law Section Executive Committee: St., Philadelphia. Nov. 13 meeting, 12 p.m., 11th Floor Commit- Nov. 9 Workers’ Compensation Section Executive tee Room South. LRIS Committee: Cabinet: meeting, 12 p.m., 10th Floor Committee: meeting, 10:30 a.m., 11th meeting, 12 p.m., 10th Board Room. Floor Committee Room South. Floor Board Room. CIvil Rights Committee: meeting, 12 p.m., Civil Gideon Task Force: meeting, 12 11th Floor Committee Room South. p.m., 10th Floor Board Room. Lunch: $9. uKNITe: knit-a-long, 12 p.m., 11th Floor Send Bar Association-related calendar items 30 days in advance to Thomas Rogers, Man- Municipal Courts Committee: meeting, 3 Committee Room. aging Editor, Philadelphia Bar Reporter, Philadelphia Bar Association, 1101 Market St., p.m., Municipal Court, 1339 Chestnut Philadelphia Lawyer Editorial Board: Philadelphia, PA 19107-2955. Fax: (215) 238-1159. Email: [email protected]. St., Philadelphia. meeting, 12:30 p.m., 11th Floor Com- mittee Room South.

26 Philadelphia Bar Reporter November 2015 philadelphiabar.org People

Sheryl L. Axelrod, David M. Brown has plex Transaction” hosted by Duane Morris LLP. president and CEO been elected to the on Oct. 28. This of The Axelrod board of directors program was part of David J. Shannon, Firm, PC, served of the SeniorLAW the 2015 Railroad shareholder at on a panel on the Center, a Penn- Environmental Marshall Dennehey American Bar As- sylvania nonprofit Conference held on Warner Coleman sociation (ABA) organization that Oct. 27-28 at the & Goggin, P.C. was Commission on improves the lives of University of Illinois a featured speaker Women in the Profession webinar titled older citizens and protects their rights at Urbana—Champaign. at the Defense “Show me the money, and the benefits!” through legal representation, education Research Institute’s and advocacy. Brown had previously Nikki Johnson- Data Breach and Privacy Law Confer- Ralph J. Teti, part- served as a SeniorLAW Center board Huston, of the Law ence, held in Chicago, Ill. on Nov 4 – 6. ner at Willig, Wil- observer through the Philadelphia Bar Office of Nikki Shannon presented “A Legislative Up- liams & Davidson, Foundation Board Observer Program. Johnson-Huston date From the Front Lines” discussing has been elected as LLC, was awarded the 47 differing state data breach regula- a Fellow in Labor Charles J. Meyer, the 2015 PoWeR tions and statutes, and the anticipation to the College of a shareholder with Award by the Profes- of federal legislation that would allow Labor and Employ- Hofstein Weiner & sional Women’s for a uniform federal solution. ment Lawyers. This Meyer, P.C., spoke Roundtable. Every year the Profes- is the highest recognition by one’s col- at the October 2015 sional Women’s Roundtable chooses Steven K. Mignogna and Anthony R. La leagues of sustained, outstanding perfor- AFCC-AAML Con- its PoWeR Award winner, a woman Ratta, partners at Archer & Greiner mance in the profession, exemplifying ference on in the Philadelphia community who P.C., presented “Developments in Elder integrity, dedication and excellence. Advanced Issues in is a trailblazer and who is committed Law” at the Annual Constitutional Of- Child Custody co-sponsored by the to mentoring women and/or advanc- ficers Association of New Jersey confer- The Temple American Inn of Court is Association of Family and Conciliation ing women’s issues, particularly among ence in Atlantic City, N.J. on Sept. 30. pleased to announce its 2015-16 execu- Courts and the American Academy of emerging women business leaders. tive board including Brian J. McCormick Matrimonial Lawyers. The course was Thomas M. Tammany, shareholder at Ste- Jr., attorney with Ross Feller Casey, titled “Shared Legal Custody: Should George Burrell, of vens & Lee, and Clayton Gritz, associate LLP, president; Hon. Ramy Djerassi, There be a Presumption.” Meyer is a counsel at Kleinbard at Stevens & Lee, were part of a Stevens Philadelphia Court of Common Pleas, fellow of the American Academy of LLC, was recently & Lee team that performed pro bono vice-president; Rachel Gallegos, associate Matrimonial Lawyers and presently appointed by work to assist American Legion Bate- at Steve Harvey Law LLC, membership serves as president of the Pennsylvania Governor Wolf to man Gallagher Post 668 with tax and co-chair; and Hon. M. Teresa Sarmina, Chapter. serve as a member real estate issues related to the merger Philadelphia Court of Common Pleas, of the Governor’s between the Bateman Gallagher Home immediate past president. Mary Beth H. Gray, Advisory Council Association and the American Legion partner at Kleinbard on Diversity, Inclusion, and Small Busi- Post 668. They were honored for their Daniel J. Siegel, LLC, spoke at an ness Opportunities. The committee will work at American Legion Bateman principal at the ESOP Panel Discus- meet quarterly with the goal of expand- Gallagher Post 668 in Wayne, Pa. on Law Offices of sion and Networking ing opportunities for minority and Sept. 3. Daniel J. Siegel, Reception in Wayne, women-owned businesses in the public LLC, presented Pa. on Oct. 20. The and private sectors. “People” highlights news of members’ “Securing Your Law program covered awards, honors or appointments of a Office Technology fiduciary requirements, ESOP structur- Kimberly Rice, prin- community or civic nature. Send news - How to Safeguard ing, repurchase obligation and sustain- cipal at KLA Mar- to Thomas Rogers, Managing Editor, Client Information Inside & Outside ability, ESOP acquisitions and executive keting Associates, Philadelphia Bar Reporter, Philadelphia the Office” at the Delaware County Bar compensation. recently presented Bar Association, 1101 Market St., 11th Association on Oct. 15. The program “How to Ask for fl., Philadelphia, PA 19107-2955 or discussed why attorneys have an ethical John F. Gullace, partner at Manko, New Business and [email protected]. obligation to preserve their clients’ con- Gold, Katcher & Fox LLP, served on Seal the Deal” dur- fidential information and must take rea- a panel titled “Environmental Reme- ing a local program sonable precautions to do so, whether in diation In A Fish Bowl: Conducting a of the ABA-Women the office or using mobile technology. Remediation in the Midst of a Com- Rainmakers committee. The event was

then, that lawyers and the legal community should address climate change from a legal Climate Change and justice perspective. continued from page 12 up as a profession and contribute our time, energy and skills to persuade the government Rachel Gallegos ([email protected]), associate at Steve Harvey Law LLC, is a member of to enact legislation that will prevent the catastrophic consequences facing us if we fail to the Board of Governors. act.” Titley reminded us that important sectors of society have begun to address climate change from their own unique perspectives: military leaders from a national security perspective, insurance and corporate leaders from a risk perspective, medical professionals from a health perspective and religious leaders from a moral perspective. It should follow,

philadelphiabar.org November 2015 Philadelphia Bar Reporter 27 FOR MORE THAN 30 YEARS, Sidney L. Gold & Associates, wage and hour, and Family and Medical Leave Act claims. P.C. has dedicated its practice to the field of employment law A boutique practice with a small-firm atmosphere, Sidney L. and civil rights litigation. The firm’s attorneys take great pride Gold & Associates provides personal attention to its clients, in serving as both aggressive and compassionate advocates who, at the same time, benefit from the experience and for victims of unlawful discrimination and harassment. As a expertise of the entire team.

result, the Martindale-Hubbell© Bar Register has certified Sidney L. Gold & Associates is proud of its skilled attorneys and Sidney L. Gold & Associates as a pre-eminent law firm in the is honored by the recognition Super Lawyers© has bestowed field of labor and employment law. More than 4,500 lawyers upon this year’s recipients. throughout Pennsylvania and New Jersey look to Sidney L. Gold & Associates to refer their clients.

With a team approach, the firm’s attorneys represent clients in all aspects of employment law litigation, including all forms of workplace discrimination, sexual harassment, wrongful termination, retaliation, whistleblower, employment contract,

28 Philadelphia Bar Reporter November 2015 philadelphiabar.org