SPRING 2013

the newsletter of the Chapter of The Association of Legal Administrators, Inc. A lifetime of service … A tradition of excellence

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Providing insurance and investment strategies since 1976 One East Pratt Street p Suite 902 p , Maryland 21202

(410) 539-2320 p www.franklinmorris.com

Securities, investment advisory, and financial planning services are offered by qualified Registered Representatives of MML Investors Services, LLC, member SIPC. Supervisory office: 11350 McCormick Rd., Executive Plaza IV, Suite 200, Hunt Valley, MD 21031, (410)785-7654. FranklinMorris is not a subsidiary or affiliate of MML Investors Services, LLC or its affiliated companies. CRN201307-150271 PresidentMESSAGE’s

The arrival of Spring naturally brings to serve the community through vol- the help of fellow Board and commit- to mind thoughts of change and unteer efforts and help develop her tee members and co-workers, I was growth. We set new goals and envision profession. The fact that Ruth’s able to meet my goals. Thank you very new outcomes for different aspects of accomplishment is recognized by the much to those of you who supported our lives: health, financial, profession- Daily Record, on a state level, is just me with your presence by listening, al, and personal. Often the challenge icing on the cake. Congratulations, your honesty and words of encourage- is not identifying what our next goal is, Ruth! ment. but figuring out how we are going to achieve it. As children, we followed a This is my last message as the Might I encourage you to add an ALA path that was set out for us. We met President of the ALA-Maryland goal to your list of professional goals? the curriculum goals and picked up Chapter and I am filled with a sense of Perhaps it can be something as simple certificates of achievement along the pride and gratitude for this past year. I as attending two more Chapter educa- way. As adults, we have to build our was recently notified by ALA National tional programs or events than you did own roadmaps and the achievement of that under the Presidents’ Award of last year, or participating in the Salary our goals is rewarded not with trophies Excellence Program, our Chapter has Survey, or returning a Business or certificates, but with a deep sense of again been classified as a Platinum Partner’s call. Ultimately, the ALA- personal satisfaction. Still, when a per- Level Chapter! I share this honor with Maryland Chapter exists to provide sonal achievement is met with recogni- my colleagues, as it takes all board and you with the resources to help you in tion among peers and loved ones, we committee members to do their specif- your role as a legal administrator. I are that much more elated! ic duties well, all on a voluntary basis, hope that you continue to make the I might add, to reach the Platinum ALA part of your roadmap to achieving As some of you may know, our friend level. In fact, it should really be named your professional goals. and fellow member, Ruth Fry, has the Chapter Award of Excellence been selected as one of Maryland’s Top because no President could achieve Laine Czapski 100 Women of the Year. If you read the this goal on his/her own. There were Royston, Mueller, McLean article from the Board, you can see times when it was a real challenge to & Reid, LLP that the title isn’t what Ruth set out as meet the obligations of both the (410)823-1800 a personal goal. Instead, her goal was Chapter and my full-time job, but with [email protected]

3 SPRING 2013 NEWLY ELECTED Board Committee BoardFORMER OF DIRECTORS CHAIRS OF DIRECTORS

MARYLAND CHAPTER ADVISORY COUNCIL MARYLAND CHAPTER 2013-2014 Diane Dongarra 2012-2013 410.727.7702 [email protected] PRESIDENT Gallagher Evelius & Jones, LLP PRESIDENT Debbie Stickles Laine Czapski BAR LIAISON 410.244.7511 Lisa Mangus 410.823.1800 [email protected] 410.752.1040 [email protected] Venable LLP [email protected] Royston, Mueller, McLean & Shawe & Rosenthal LLP Reid, LLP PRESIDENT-ELECT/MEMBERSHIP BUSINESS PARTNER RELATIONS Renee Lane-Kunz Debora R. Melnyk President-Elect/Membership 410.385.4207 410.230.1360 Debbie Stickles [email protected] [email protected] Beveridge & Diamond, P.C. 410.244.7511 Shapiro Sher Guinot & Sandler [email protected] CHAPTER WEBMASTER Venable LLP Amanda Albright, PHR VICE-PRESIDENT/PROGRAMS 443.573.9347 Beth Wybolt [email protected] Vice-President/Programs 410.951.8807 Anderson Coe & King, LLP Renee Lane-Kunz [email protected] 410.385.4207 COMMUNITY CONNECTIONS Murphy, Falcon & Murphy Nancy Robinson [email protected] 410.659.1375 Shapiro Sher Guinot & Sandler TREASURER [email protected] Wright, Constable & Skeen, LLP Steven Shaffer Treasurer 410.752.8700 DIVERSITY & INCLUSION Steven Shaffer [email protected] Ruth Fry 410.752.8700 410.332.8876 Franklin & Prokopik, P.C. [email protected] [email protected] Saul Ewing, LLP Franklin & Prokopik P.C. SECRETARY Ethel Seidman MANAGING PARTNER EVENT Secretary Shirley McIntyre 410.576.4791 410.865.5412 Ethel Seidman [email protected] [email protected] 410.576.4791 Semmes, Bowen & Semmes Hudson Cook, LLP [email protected] NEWSLETTER Semmes, Bowen & Semmes IMMEDIATE PAST PRESIDENT Vickey Wagner Laine Czapski 410.230.3806 Immediate Past President [email protected] 410.823.1800 Baxter, Baker, Sidle, Conn & Jones, Lisa Mangus [email protected] P.A. 410.752.1040 Royston, Mueller, McLean & [email protected] Reid, LLP SALARY SURVEY Shawe & Rosenthal LLP Mark Henderson 410.727.6600 [email protected] Rosenberg Martin Greenberg, LLP

SUBURBAN GROUP Kristi Stevenson 301.670.7030 [email protected] Berman Sobin Gross Feldman & Darby, LLP IN THIS ISSUE . . .

Maryland’s Top 100...... 6 Ruth offers her time voluntarily and whole-heartedly enriches the organizations to which she contributes and inspires others to participate as well.

Are You Ready for 2014? ...... 9 Each employer must ask and answer: does our firm meet the threshold, 50 full-time employees, requiring us to provide the “minimum standard.

No Cost Encryption for Law Firms...... 12 TrueCrypt leverages highly sophisticated encryption algorithms to secure your data from prying eyes. Ultrabooks, Slim, Portable, Don’t Let Things Get Squirrelly...... 15 Powerful and Efficient ...... 21 Maryland Chapter Business Partners are chosen based The latest trend in Ultrabooks is the hybrid between on the recommendation of our members which mean a tablet and a laptop known as a touch screen they are a valuable resource to your fellow member. convertible.

Live Like A Refugee ...... 18 Copies, Prints and Scans ...... 26 The consequences of the physical dislocation soon Comprehensive document tracking solutions do exist manifested themselves in the employees’ productivity. that marry copy, print, and scan statistics all in one.

FOR YOUR INFORMATION . . .

3 President’s Message 4 Board of Directors & Committee Chairs 7 Editor’s Corner 8 New Members 11 Annual Business Meeting 15 All About You Program 20 Chapter Mailing List Serve 22 Planning an Outdoor Event Copyright ©2013 Maryland Chapter, Association of Legal Administrators. disclosures is published four times a year and is distrib- 27 Special Thanks to our Business Partner Sponsors uted to Chapter members and law firm managing partners. To submit 37 Restaurant Review - Fleet Street Kitchen articles, contact Vickey Wagner at 410-321-0600. Article reprints are available. disclosures is copyright protected and is not to be repro- 38 Calendar of Events duced in any form without written permission from the publisher.

5 SPRING 2013 Maryland’s TOP 100

ONE OF OUR OWN IS VOTED Additionally, from 2007-2011, she ipants and co-workers are healthier ONE OF MARYLAND’S TOP 100 served on the Board of Directors for today and at a reduced risk of heart BY THE DAILY RECORD the Big Brothers Big Sisters of Central attacks as a result of this health pro- Maryland (The Maryland Mentoring gram. Benjamin Franklin once said, “If you Partnership). During that time, she want something done, ask a busy per- also worked directly with student par- Ruth offers her time voluntarily while son.” Lucille Ball often gets credit for ticipants in the role of Mentoring whole-heartedly enriching the organi- that quote because she added to it and Coordinator and Mentor. And finally, zations to which she contributes, said, “If you want something done, ask from 2008-2011, Ruth was a regular inspiring others to participate as well. a busy person to do it. The more speaker for the Maryland Business Last year, she was selected as ALA things you do, the more you can do.” Roundtable for Education. Region 2 Volunteer of the Year. In Ruth Fry must be made of the same 2006, she was selected as one of the cloth as Benjamin Franklin and Additionally, Ruth has been an active Daily Record’s Unsung Legal Heroes Lucille Ball because she certainly lives volunteer for the following organiza- (Legal Administrator). Benjamin her life by those words. To those of us tions for the past several years: Franklin and Lucille Ball would be who know her and who have seen her American Heart Association, Back proud of Ruth Fry! in action, it is certainly no surprise that River Restoration Committee, she has been selected as one of American Fox Terrier Rescue, and Board of Directors 2012-2013 Maryland’s Top 100 Women of the Habitat for Humanity. Through her ALA-Maryland Chapter Year by The Daily Record. work with the ALA-Maryland Chapter and Saul Ewing, she often organizes To start, Ruth has been the office food and clothing drives for organiza- manager of Saul Ewing’s Baltimore tions like Operation Homefront, Cool office since 1988. Managing a large Kids Campaign, the Maryland Food law firm of 50 attorneys is no easy feat, Bank, the American Heart Association but that’s just one of her jobs. During and Making Strides against Breast her “spare” time, she serves on the Cancer. Board of the ALA-Maryland Chapter as the Chair of the Diversity & Always one with a community outlook, Inclusion Committee, and as the Ruth initiated a heart health program Maryland State Bar Liaison. She also at Saul Ewing in honor of her best plays an active role in the Law Links friend who had suffered a massive and Community Law in Action pro- heart attack while at work. She grams. She regularly lends her time encouraged co-workers to walk regu- and service to other committees with- larly, become informed about heart in the Maryland Chapter, especially health, and to get annual physicals. the Community Connections efforts Through her efforts, Saul Ewing was and has served as a mentor to new recognized as a “Fit Friendly members. On the National Level of Company” by the American Heart the ALA, Ruth serves as Vice-Chair on Association. More importantly, partic- the Diversity & Inclusion Committee.

4 SPRING 2013 Editor’CORNERs

It looks like we are in for another typi- The Newsletter Committee is also Enjoy this issue of disclosures and feel cal spring in Maryland this year. The pleased to announce that beginning free to send your feedback and sugges- first weekend of spring we get a snow- with the summer issue we have added tions to anyone on the Newsletter storm, then immediately go from three new members to our existing Committee. absolutely freezing to record setting team: Cynthia Cherry, of Ober, Kaler, heat. Crazy as it may be, the constant Grimes & Shriver, PC; Laine Czapski, Vickey Wagner Baxter, Baker, Sidle, change is one of the things I love most of Royston, Mueller, McLean & Reid, Conn & Jones, P.A. about living in Maryland. LLP; and David Roden, of Goodell, 410.230.3806 DeVries, Leech & Dann, LLP. On [email protected] Speaking of change, and in our contin- behalf of Lisa Mangus, Shelly Ruff uing effort to improve and expand your and I, we welcome Cynthia, Laine and reading experience, we have made the David and look forward to their contri- following improvements to disclosures: butions.

The Table of Contents format has changed. The items listed under the “In This Issue” portion of the Table of Contents will link to the page where the article can be found. We have added hyperlinks for many of the web- sites and e-mail addresses.

7 SPRING 2013 When it happens in Law, it’s...

Ben Mook Trial Courts Reporter Ben Mook covers trial courts, bringing our readers the most up-to-date news, verdicts and settlements from state and federal courtrooms.

Daily. InPrint. Online. TheDailyRecord.com Sign up for Daily News Alerts

When business happens in Maryland, it’s... Are You Ready for 2014? HEALTH INSURANCE REFORM HOMEWORK STARTS NOW

By: R. Dane Rianhard, CLU and David M. Morris, JD, CLU Insurance Advisors to the Bar Association’s Insurance Trust and Principals at FranklinMorris

Many employers, especially small (including FTEs) must offer all per benefit relationship with employ- employers, are in the process of employees working an average of 30 ees on health care expenses. Here are preparing for the continued imple- hours per week or more in a month, some questions to ask within your firm mentation of the Patient Protection health care coverage with "minimum management: and Affordable Care Act (PPACA) in value.” If the employer chooses not to 2014. The complexity means it is time comply, they will be assessed a penalty; Is providing and underwriting the cost to have counsel and advice available of these benefits a competitive require- that is well versed in this statute. This • Part-time and seasonal employees ment? If not, should you retreat from is the year to get ready for next year's working less than 30 hours per week providing the benefit entirely? How do rules. are included in calculating the thresh- you manage that if appropriate? If so, old number of 50 workers (FTEs), are you truly competitive with your Issues in front of Administrators and which would require employers to peer firms with these changes going their firm management include cost offer affordable coverage to all full- on? sharing relationships with employees, time employees; compliance with the ever-changing What is a good split of cost - across the regulations and interpretations of a FTE calculations for the current year board among employees and depend- confusing law, and marketplace shifts are based on FTEs from the preceding ents? Fund just employees? Do so at as insurance premiums rise. year. There are specific measurement 100% or something less? periods an employer may elect in 2013 An example of the law’s complexity is that can evaluate the employee count What other health benefits do you in the seemingly simple question: are over a period of no less than 3 months offer? Over age 65 supplement coun- we a large group or a small one for reg- and no more than 12 months. This for- seling? Long term care coverage? ulatory purposes? Each employer must mula must be established in 2013 and ask whether their firm meets the is very complicated with allowances The expense of health care and the threshold: 50 full-time employees, for administrative breaks and guaran- related health insurance costs should requiring us to provide the “minimum teed coverage period for those employ- bring all benefit planning to the sur- standard” health care coverage to our ees who are benefit eligible. face during this transition year. The full-time employees? This is not as expense of health insurance will go up simple as counting all full-time Smaller firms should consider high as the costs inherent in the law’s regu- employees each employer has. The deductible plans with HRAS and lations take hold, so perhaps other PPACA views the definition of full- HSAs. As of now PPACA adds a com- areas of planning can generate higher time status under the law very differ- plication by limiting the deductibles at benefit effectiveness. ently than most employers do. $2000 per individual and $4000 a family for employer groups under 50. This is a good year of planning and Some important points: The industry is seeking relief from this internal philosophical discussion since rule from the Department of Labor a little planning now, will save a lot of • Individual companies that are affili- and Health and Human Services. reactive disruption next year as the full ated under a “control group” or an Some self-employed individuals (i.e., force of PPACA on employers is felt. overall corporate entity would require partners) want to assess the individual As part of our role as an ALA Business that all employees are included in all market as group costs rise – the impact Partner, we will make available a “affiliated companies” in aggregate for of that for the firm as a whole should health insurance specialist well versed the calculation; be considered and reviewed before in PPACA for a 45 minute courtesy migration out occurs. consultation. Contact us at • Beginning in 2014, employers with [email protected]. 50 or more full-time employees All firms need to evaluate their cost

9 SPRING 2013 ALA Management EncyclopediaSM Included with Your Membership

More value for your dues dollar — the Encyclopedia, formerly a $395 subscription, is now a members-only benefit.

With carefully researched articles, written by recognized legal industry experts, the Encyclopedia offers concrete, practical information on the legal management challenges you face on a daily basis. Answering the tough questions, the Encyclopedia integrates many useful features including:

t links to key websites t forms and checklists t functional spreadsheets t charts and graphs

The Knowledge You Need — When You Need It Learn more at www.alaencyclopedia.org

3

Mark your calendar for the 3rd Wednesday of the month for ALA Webinars!

January 16, 2013 July 17, 2013 t CONVENIENT — Listen and participate from Microsoft Office ® Negotitate the Lease: Manuever the Maze of the comfort and convenience of your desk. Tips & Tricks for Law Firms (OM) Real Estate Options (OM) t EASY — A telephone and Internet access is all February 20, 2013 August 21, 2013 you need. Profitable Law Firms: Financial Reporting Methods that Allow Intelligent There’s no APP for that (FM) Business Decisions (FM) t IDEAL FOR MULTIPLE LISTENERS — Use a March 20, 2013 September 18, 2013 speakerphone and invite as many people as you Initiating Alternative Fee Forecasting the Realistic Budget (FM) want − for no extra cost. Arrangements (FM) October 16, 2013 t AFFORDABLE — Priced at a fraction of the April 17, 2013 Saying the Hard Thing with Aloha (CM) cost of travel and attendance fees for a live Mentoring: It’s Déjà Vu November 13, 2013 conference or seminar. All Over Again (HR) The Ethics of Email and Social Media (LI) May 15, 2013 Marketing (Mis)Alignment: Closing the Gap Between Marketing and Law Firm Leadership (LI) Learn more and register June 19, 2013 www.alanet.org/webinars Leveraging Technology for Small Firms (OM) AnnualALA Business Meeting FEBRUARY 14, 2013

The Maryland Chapter held its Annual Business Meeting on Thursday, February 14 at the Center Club. ALA’s International President, Steve Wingert, spoke compellingly on the power of leadership, relationships and diverse teams. The Chapter held its election of the new 2013- 2014 Board of Executive Officers and acknowledged individuals’ mem- bership tenure.”

Steve Wingert

Eric Hightower, Steve Wingert, Vickey Janice Jewson, Tonya Anderson, Mary Cathy Marks, Kristi Stevenson, Diane Wagner and Debbie Melnyk Cierkowski and Ruth Fry Dongarra and Nancy Robinson

Robin Chamberlin, Susan Troupe, Lillian Robin Welbourn, Valerie Baader, Shelly Ruff and Beth Wybolt, Shirley McIntyre Karl and Tracy Byers Karen Paglia and Steve Schaffer

11 SPRING 2013 No Cost Encryption FOR LAW FIRMS

By: Josh Lippy, Chief Technology Officer and Co-Founder of The Lawyers Help Desk

What is TrueCrypt? I say all this to reinforce the fact that larger firms, it is recommended that while TrueCrypt is an open-source, you save the disc image to a central file TrueCrypt is an open-source encryp- freely available encryption tool, it is repository for easy access when need- tion tool that allows you to encrypt safe and can be considered a highly ed. Otherwise, you will have a library data on your computing devices. It viable solution to protect your firm’s of CD-ROMs to sift through when doesn’t matter whether they are data. something goes wrong. portable notebooks, desktops or even USB flash drives within your environ- How does it work? Some users wish to encrypt their USB ment, assessing the need to encrypt flash drive(s) as well, and this is even a data (somehow) should simply include TrueCrypt is very simple to use. In bit easier to setup and use. You basical- all computers you utilize at your firm. order to encrypt your hard drive, you ly have two options which are both essentially launch the application also found at www.truecrypt.org/faq TrueCrypt leverages highly sophisticat- (freely available at www.truecrypt.org) and full instructions for configuring ed encryption algorithms to secure and follow a few prompts to begin the your USB flash drive can be found at your data from prying eyes. If your process of the encryption. Encrypting http://www.truecrypt.org/docs/?s=true laptop is lost at the airport, or if your your data is time consuming. Once crypt-portable. Option 1: you can USB flash drive falls off your keychain you start the process, it is safe to encrypt the entire USB flash drive, or wanders off your desk, TrueCrypt assume you can walk away from the however you will not be able to actual- can help keep someone from eventual- computer for a couple of hours while ly run TrueCrypt from it. You should ly finding a way to review any of your the process runs it course. note that Windows will not support data. You can rest easy that your data multiple partitions on USB flash is safe when you leverage an encryp- Upon completion of the encryption drives. Option 2: you can create a tion tool such as TrueCrypt. process, your computer is now pass- TrueCrypt file container on your USB word protected during the boot up flash drive, and you should leave The first thing I thought when I heard process. This is an indicator that the enough space to be able to also store about TrueCrypt and the fact that it entire hard drive is protected. Until TrueCrypt itself on the drive. You can was an open-source program was “Is it you enter your password, you cannot then run TrueCrypt from the USB secure?” The very nature of open- even boot into your operating system. flash drive via portable mode. source software is that the source code is freely available for anyone to see and During the encryption process, you are Viewing files that have been encrypted use. That means that your encryption asked to create a password reset disk. is virtually the same experience as is freely available to be hacked correct? This disk is essential to recovery in the viewing non-encrypted files for the Thankfully, this is not the case. The event that a user forgets their pass- legitimate user, making encrypting process of encrypting data on a hard word. Without this disk, which can your devices the smart choice in drive or another device is specific to only be generated at time of encryp- almost any corporate environment the event in which it is encrypted. tion, the data on the hard drive is unre- case. This means that no matter how much coverable if the password is lost. In a malicious person reviews the source code for the TrueCrypt product, it will not reveal a way to expose data encrypted with the tool.

12 SPRING 2013 What is the biggest feature and involved to encrypt a hard drive can be Josh Lippy is the Chief Technology drawback? intensive (though you do not have to Officer and co-founder of the babysit the computer while the task Lawyers Help Desk (TLHD). He has The biggest feature to TrueCrypt is executes). This process is very easy to over 15 years of strategic information that it is simple to use and costs noth- build into your PC checklist and technology planning, management, ing from a licensing perspective for quickly becomes a routine task that and implementation experience. On your firm. The biggest drawback to isn’t much of a distraction for your IT a day-to-day basis, Josh oversees the TrueCrypt is that it isn’t centrally man- department. operations at TLHD with a primary aged, so all tasks related to the tool are focus of determining and imple- very manual. This makes it less of a fit menting necessary technologies in for larger organizations. For smaller order to drive his clients’ businesses firms, it is an ideal solution given the forward. cost and functionality. It is also impor- tant to note that our experience with the product also demonstrates no loss in performance from an encrypted hard disk.

Conclusion

Encryption should be part of your firm’s data and security policy – espe- cially for mobile devices. TrueCrypt is a simple to use, no cost solution that fulfills this important policy. The labor

13 SPRING 2013 We are proud to support the Maryland Association of Legal Administrators

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Celebrating our 20th Year of Service to the Baltimore Legal Community

410-685-1100 www.courthousecopy.com All About You Program FEBRUARY 26, 2013

The It’s All About You! Program was held on February 26, 2013 at the Royal Sonesta Harbor Court. Members enjoyed sessions by Avish Parashar, Rita Alli and Jack Skeen.

Debbie Stickles, Robin Welbourn

Jamie Rosenbach, Joanna Trela Joanna Trela, Avish Parashar Laine Czapski

Rita Alli Renee Lane Kunz, Anne Reeder Laurel Carver, Jamie Rosenbach

15 SPRING 2013 Don’t Let Things GET SQUIRRELLY

By: Eric Hightower, Director of Administration Davis Agnor Rapaport and Skalny, LLC

On my thirteenth birthday, my father At this point, you probably are saying Whether an immediate, future or non- presented me with a shotgun. With “oh no,” but please read on. We are existent need, there is always value in horror on my face, I accepted the gift. often faced with obstacles in our firms the synergy of the business partner My father said we were going squirrel that require the need for external help. and member relationship. So the next hunting in the morning. How in the The Maryland Chapter Business time you need to hunt a squirrel, world did my dad think I could hunt Partners are chosen based on the rec- remember to get the skills and infor- squirrel? What did I know about hunt- ommendation of our members which mation in order to the hit the target. ing or even finding squirrels to hunt? mean they are a valuable resource to He basically “trained” me to load, your fellow member. point and shoot. Needless to say, I was Eric L. Hightower, CLM, SPHR, not successful. Business Partners not only provide Region 2 Business Partner Relations equipment and service assistance, they Officer Why am I telling this story? I did not also provide the Chapter, through the Director of Administration, get the squirrel because I was not pre- sponsorship program, access to educa- Davis Agnor Rapaport and Skalny, pared; I did not know how to hunt and tional resources. The Maryland LLC I did not know where to find the squir- Chapter is able to offer quality speak- rels to hunt. This was a valuable les- ers, tools for the CLM exam, and son to me. It’s generally not wise to scholarships for educational confer- move forward in life without the prop- ences. er skills and information. Business Partners are one key to that lesson. They provide the resources and tools we need in order to maximize our abil- ities to perform our jobs with the prop- er skills and information.

16 SPRING 2013 “Go To” Files ADA & FMLA

For your research reference file relat- In another case exploring the interac- her temporary disability of gestational ing to court decisions involving ADA tion of ADA and FMLA, a federal court diabetes, which no longer existed fol- and FMLA, a federal court in Alabama in Pennsylvania held that an employee lowing the birth of her child. Thus, held that an employer had no duty was not entitled to reinstatement under both laws, the employer was under the Family and Medical Leave under the FMLA to a pre-leave posi- required only to reinstate her to the Act (FMLA) to restore the employee to tion that had been given her as an original rotating shift assignment. her job with an accommodation under accommodation for a temporary dis- the Americans with Disabilities Act ability under the ADA and to better (ADA). In Brown v. Montgomery accommodate her need for intermit- Fiona W. Ong is a partner of Shawe Surgical Center, the employee sought tent leave under the FMLA. In Karaffa & Rosenthal LLP. She represents to return to work after FMLA leave and v. Montgomery Township, a pregnant employers in the areas of employment provided a doctor’s note with lifting employee who was usually assigned discrimination, wrongful discharge, and standing restrictions. The employ- rotating morning, evening and affirmative action programs, employ- er refused to reinstate her without a overnight shifts was reassigned only to ee leave issues and wage/hour regula- full release. She then sued under the morning shifts as an accommodation tion. FMLA and ADA. The employee’s ADA for her gestational diabetes. Following claims were dismissed as untimely her FMLA leave, the employee sought filed. With regard to her FMLA claims, to return to the morning shift assign- the Court observed that the right to ment. The Court noted that she had reinstatement under the FMLA is not been assigned the shift in connection absolute, and held that an employee with her need for intermittent FMLA, who is unable to perform an essential and thus it was not a position she held job function is not entitled to reinstate- “when leave commenced.” Moreover, ment. The FMLA does not require an under the ADA, this morning shift employer to provide a reasonable assignment was an accommodation for accommodation to enable the employ- ee to return to work at the end of FMLA leave. The reasonable accom- modation obligation arises from the ADA, not the FMLA.

17 SPRING 2013 Live LIKE A REFUGEE

By: Sarah Charton Smith Mazure Director Wilkins Young & Yagerman PC

Most law firm managers have dealt our office would have a profound over 20 flights of stairs each time, with operational issues related to effect on the employees – an effect which taxed even the sunniest of dis- weather disasters – everything from that reached well beyond the simple positions, left them exhausted, and leaking roofs and windows to flood- destruction of property or loss of reduced their availability for their reg- ed file rooms and offices or in the mementos. Any number of us may ularly assigned duties. Removed from extreme, to relocation. The disclo- have experienced a brief inconven- familiar surroundings, all of the daily sures editorial staff thought that the ience from a leak from the hot water office routines and procedures which following article, originally appear- heater that ruined a floor, or a power the employees were accustomed to ing in the ALA New York Chapter’s outage that left us without heat for a performing went right out the window; January/February newsletter, is illus- day or so. Most of us have not known in many respects it was like having an trative of the need for a firm’s man- the experience of being a refugee, entire firm composed of brand new agement team to understand and either in our personal or professional employees, who needed to be trained address the critical need for timely lives, but all of our employees now on every aspect of their jobs. and appropriate communication in have known this in one aspect of their Assignments which were executed as a situations of chaos. lives, and some experienced both. matter of course in our offices needed to be relearned in the new space. The Tropical Storm Sandy was a “water- We set up a temporary office in a minor civilities that serve to lubricate shed” moment, if you will. It was very shared space further downtown. This so many interactions in the workplace nearly the “perfect storm”, wherein temporary space was a huge, open, disappeared, the close quarters chafed. high tide, full moon and intense nearly unfinished office floor with no All of the above, together with the weather combined to wreak havoc on phone service, no furniture, and for ever-present urgency of getting work the eastern coast of the US from the first three days, no heat. Our firm out, caused tempers to fray and result- Florida to Maine, and provided a was sharing with several other tenants ed in outbursts from the most junior wake-up call to those who still had not of our building, resulting in an envi- staff members to the most seasoned formulated plans for dealing with such ronment that could only be called managers. When employees are so events. We have all heard a great deal chaotic. The noise level and lack of distracted, the effect on their work is from every type of expert as to the privacy made it difficult to conduct immediate and profound. Everything extensive physical damage. What we conversations. The poor cell phone took longer to get done, and lacking so have not heard is the effect on employ- service resulted in calls dropping con- many things that we take for granted ees’ productivity. stantly. There were no amenities: no every day – tape, Post-It notes, staples! desks, no office chairs, not even – slowed the rate of completion. Ordinarily, it isn’t that difficult to sum- garbage cans. We had no printers, mon the fortitude to bear with incon- copiers or fax machines. Employee relations became a priority: venience, even hardship, for a relative- in order to bring the employees back to ly brief time. When that hardship The consequences of the physical dis- high productivity it was essential to wears on for weeks, however, the chal- location soon manifested themselves coach managers to communicate with lenge becomes vividly apparent. What in the employees’ productivity. Office their subordinates, to give encourage- none of us realized after Sandy blew services was required to make the trek ment, to have patience, and to avoid through was that we would be living a back to our closed offices on a nearly assuming that everyone knew what to nomadic existence for two months, daily basis to retrieve files and other do. New routines and assignments and that this protracted absence from items, which necessitated climbing had to be developed. Together with

18 SPRING 2013 the director of administration, I met Lessons learned: in addition to devel- Sarah Charton, SPHR is the Human with the managers one by one and dis- oping a disaster-recovery plan and Resources Manager at Smith Mazure cussed these points, and stressed the keeping it updated, we would all do Director Wilkins Young & Yagerman need for open and continuous com- well to develop a plan for addressing PC and can be reached at schar- munication. I arranged for all of the the effect of dislocation on our [email protected]. managers to meet as a group to attend employees. It must include methods Reprinted from the January/Feb- a webinar that addressed chaos in the for getting information out to all ruary 2013 issue of New York | New workplace and provided tips for man- employees and providing updates on York with the permission of the New aging the resulting stress. As issues the situation, and just as importantly, York City Chapter of the ALA. arose between employees, I met with must build in the additional time nec- those involved on a case by case basis essary to get everyone up to speed and and we worked through them. Little to provide positive reinforcement over gestures went a long way: we brought time. Most importantly, it will hinge in lunch one day, platters of cookies on communication, because when we another; the day before Thanksgiving keep the employees informed of devel- we placed a little bag of brownies on opments, they are better able to focus each work station. The director of their attention on their assigned tasks. administration obtained updates from our landlord as frequently as possible and shared them will all employees, which helped them to keep perspec- tive, serving as a reminder that all this annoyance was temporary and would soon end. It was with great relief that we finally returned to our offices almost two months to the day after we left them. It took great effort to coor- dinate the return of all the equipment and files, but thankfully some of the elevators had been restored to service, making the return much easier than the exodus had been.

19 SPRING 2013 Chapter Mailing List Serve DID YOU KNOW?

As a member of the Maryland Chapter @someemailaddress.com) in order to: replaces the text someone@someemail of the Association of Legal address.com in the link above. This list- Administrators, you are automatically • Request your default password serve is intended for the exclusive use registered for the Alamdchapterlist (clicking a button will email your of ALA Law Firm Members. Mailing List Serve. The mailing list password) allows you to participate in group You can also visit the mailing list • Change your default password email communications with all the archives with your registered email address and password at the following Maryland Chapter registered members • Change your registered email link to browse all archived emails: as a community and share informa- address tion. If you would like to view how the http://mdala.org/mailman/private/alam mailing list features work, visit • Unsubscribe from the mailing list dchapterlist_mdala.org/ www.list.org/mailman-member/node5.html. • Change your subscription options The Maryland Chapter webmaster can Members can log in to the mailing list provide you any additional information here http://mdala.org/mailman/options/ NOTE: Your registered email address on how to use the mailing list. alamdchapterlist_mdala.org/someone

Amanda Albright, PHR 443.573.9347 [email protected] Anderson Coe & King, LLP

20 SPRING 2013 Ultrabooks SLIM, PORTABLE, POWERFUL AND EFFICIENT

By: Alexandra Rutkovitz Choice Technologies, Inc.

In the technology world, a lightweight, Ultrabook market. While it is signifi- battery life required. It is also impor- easily portable laptop is referred to as cantly more expensive than the Twist, tant to consider whether a convertible an Ultrabook. Apple may be most pop- it has a robust five-hour battery life on or simple laptop is better to suit your ular in the market with the Macbook a 35-minute charge and is the best needs. Air, but with the new Windows 8 plat- product for web conferencing. The X1 form, there are many new competitors comes standard with fingerprint read- Then there are storage and memory; in the market. The latest trend in er for advanced security and has all of how much space do you need to Ultrabooks is the hybrid between a the features that one would want in a accomplish your job? Always ensure tablet and a laptop known as a touch personal computer. An X1 comes in a with your IT provider that the product screen convertible. Here are the best touch screen version as well to serve as you choose works with all of the soft- three products that Choice a tablet or laptop. This is the ideal ware that you need to function. An Technologies has found to help your product for someone constantly on the Ultrabook when chosen correctly can teams on the road. move without frequent plugs or time make everyday tasks easier without the to charge. additional weight of a heavy laptop. Lenovo is known for their high quality laptops in a corporate environment Toshiba is another reliable brand in Headquartered in Hunt Valley, because they are made for business. the laptop market. The Satellite Maryland, Choice Technologies spe- The ThinkPad Twist, starting at less U925T-S2300 Ultrabook Convertible cializes in creating custom solutions than eight hundred dollars, is an is definitely one of the most creative to meet the needs of our clients. This affordable alternative that twists to products available. The features list is has enabled the company to become transform into a laptop for typing, a endless with everything needed in a one of the most successful Network tablet on the go, and a stand for pre- great Ultrabook like a Solid State Integration firms in the country. sentations. The slim Ultrabook design Drive, Dual-core processor and web- Born and raised in Baltimore features a multi-touch display for pre- cam. It was engineered with respect to County, Maryland, Alexandra cise control. This laptop comes the planet giving the user many eco Rutkovitz is a graduate of Drexel equipped with two USB 3.0 ports, friendly options in addition to its University with degrees in mini HDMI and Display ports as well Energy Star Qualified standard. International Business and as a 4-in-1-card reader. It also has built Unlike other tablet-laptop combina- Management Information Systems. in security features in addition to the tions, this screen slides to be a tablet Currently, she leads the business Active Protection System to protect on the go or a laptop in seconds, mak- development and marketing efforts the hard drive from damage if the sys- ing this one of the most durable con- for Choice Technologies. tem fails. Constructed of Magnesium vertible methods seen in the industry. alloy and Corning Gorilla Glass to pre- vent breakage and scratches, this prod- When in the market to purchase an uct is made to last. Ultrabook, know what you are looking for. Technology is supposed to make The ThinkPad X1 Carbon by Lenovo is your job easier, not more difficult. a “Premium business-class Therefore, it is important to be specif- Ultrabook.” Made of durable, carbon ic because there are so many products fiber reinforced roll cade, this is the in the market. Think about screen size, best construction available in the ports needed regularly and amount of

21 SPRING 2013 Planning an Outdoor Event?

Baltimore City, Baltimore County and which has three unique rooms that Anne Arundel County the surrounding counties have excel- can be rented individually for parties , located at lent parks with recreational areas and or meetings. 9500 Fort Smallwood Road, in Glen amenities offering various types of Burnie on the , is home casual firm event venues. Some Rocky Point State Park, 2200 Rocky to the historic Cedar Pavilion, a facili- include: Point Road in Essex, features a 300 ty available for outdoor gatherings of foot beach, eighteen picnic areas, up to 100 people. The park offers Baltimore City including a large 40’x60’ pavilion and a other amenities to include volleyball smaller pavilion, a 20’ x 30’ tent and , located at 4915 courts and horseshoe pits. several shaded groves. The Baltimore Greenspring Avenue, is a 200-acre County Sailing Center is located here public garden and nature preserve. Cedar-Morris Park, located at 351 and lessons are offered for individuals There are a number of buildings in the Arundel Corporation Road in Glen or groups. Arboretum suitable for group meet- Burnie, offers a pavilion for rental, as ings, such as the Vollmer Center, the www.baltimorecountymd.gov well as baseball/softball fields, tennis Greenhouse Classroom and the courts, basketball courts and picnic Cylburn Mansion (that has a porch Carroll County area. area available upon request). , located at 30 Martz www.aacounty.org Road in Sykesville, is Carroll County’s Rawlings Conservatory & Botanic oldest development park featuring a Harford County Gardens, located at 4915 Greenspring 300 acre lake and providing multiple Aberdeen Festival Park, Howard and Avenue, is ideal for social functions, recreational activities such as fishing, Franklin Streets in Aberdeen, is a 2.9 charity events, receptions and compa- boating, boat rentals and park spon- acre park offering opportunities for ny meetings. Two display pavilions, sored fishing tournaments. picnics in its 200-person capacity each with a seating capacity of 48 Additionally, there are six rental pavil- pavilion. There are also picnic tables guests, are perfect for receptions. ions with grills, picnic tables and elec- and a walking path. Spacious lawns are available for tent- trical service. ing. Jarrettsville-Fox Meadows Complex, www.baltimorecity.gov Sandymount Park, located on Old 3653 Fallston Road in Jarrettsville, is a Westminster Pike in Finksburg, pro- 20-acre park featuring a 75-person Baltimore County vides a number of recreational opportu- pavilion as well as a sand volleyball nities including tennis, basketball, vol- Oregon Ridge, located at 13401 court and rebounding wall. leyball, walking and much more. There Beaver Dam Road in Cockeysville, is is a 24’x60’ rental pavilion to accommo- www.harfordcountymd.gov the largest (over 1,100 acres) park site date groups up to 80; four (4) mini- owned and operated by the Baltimore pavilions available for free usage, along County Department of Recreation and with soccer and softball fields, tennis Parks. This park offers a wide range of courts, basketball courts and sand vol- recreational opportunities, including leyball. swimming in a spring fed quarry, pic- nic pavilions, playground, hiking trails, www.ccgovernment.carr.org softball and sports fields. One focal point of Oregon Ridge is “The Lodge”

22 SPRING 2013 ALA Introduces the all New Legal Marketplace

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24 SPRING 2013

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Lisa Mangus, Beth Wybolt, Steve Bottom Row: Joyce Ling, Ethel Seidman, Bottom Row: Ethel & Sam Seidman Shirley McIntyre & Steve Shaffer, Ruth Fry & Laine Czapski Laine Czapski & Karen Paglia Top Row: Steve Shaffer, Shirley Shaffer showing us how Top Row: Steve Shaffer, Beth Wybolt, McIntyre, Beth Wybolt & Ruth Fry it’s done Ruth Fry, Dave & LIsa Mangus

Ruth Fry at the Grand Finale Event speakers’ panel for at The the presentation, Smithsonian “Diversity & Inclusion National Museum Leadership: Are of American you ready?” History Restaurant Review FLEET STREET KITCHEN

Spring has arrived; venture out of the and I would recommend Fleet Street house, out of the office and into one of Kitchen for a wonderful evening out Baltimore’s great spots. with friends, family or with business colleagues.” Fleet Street Kitchen, located at 1012 Fleet Street in the Little Italy/Harbour Fleet Street Kitchen prides itself on East neighborhood, opened quietly in their approach to seasonal prepara- mid-September last year and has tions; most vegetables served are grown recently been acknowledged in a at local farms, including Cunningham Baltimore Magazine Readers Poll with Farms, which is owned by the restau- several distinct recognitions – Best rant. The wine list is extensive, com- Restaurant, Best Chef, and Best plete with a 5,000 bottle cedar wine Server. Our very own Lisa Mangus cellar which is available for tours. recently dined at Fleet Street Kitchen Fleet Street Kitchen also has unique and found the atmosphere and the dining space which can accommodate food to be terrific. “I had a wonderful groups of between 14-120, offering dinner which included a poached lob- menu selections for various styles and ster appetizer, a shaved brussels themes. They are open Monday sprouts salad and a blackened and through Thursday 5:00-10:00 and seared sea bass. The wine list was Friday-Saturday 5:00-11:00 and closed extensive and available for view on on Sundays. Contact 410-244-5830 or iPads. The waiter was knowledgeable visit www.fleetstreetkitchen.com.

Kiwi Colada “Fruit Loop” Cocktail (serves 6) (Non-alcohol recipe) 5 peeled kiwifruit, divided 3 oz. pineapple juice 3 cups ice 1-1/2 oz. orange juice 1/4 cup light rum 1 oz. cranberry juice 1/4 cup melon-flavored liqueur 1 splash grenadine syrup 3 Tablespoons Cream of Coconut 1 (8-oz.) can crushed pineapple Stir all ingredients and serve over ice. in juice, undrained Garnish with an orange slice and a cherry. Cut 4 kiwifruit into quarters, and place in a blender. Add ice and remaining ingredients to blender; blend until smooth. Strain mixture through a sieve and divide into 6 glasses. Garnish each glass with Refreshments remaining kiwifruit.

37 SPRING 2013 Calendar OF EVENTS

APRIL 2013 MAY 2013 JUNE 2013 10 Passing of the Gavel 15 ALA Maryland Chapter 19 ALA Webinar - “Leveraging 4:00 – 6:00 p.m. Monthly Program Technology for Small Firms” Location: 12:00 – 2:00 p.m. 2:00 – 3:00 p.m. Sullivan’s Steakhouse - the Location: Location: “Library” Reginald F. Lewis Museum Goodell DeVries 1 East Pratt Street 830 East Pratt Street 1 South Street, Suite 2000 Baltimore, MD 21201 Baltimore, MD 21202 Baltimore, MD 21202 Topic: Diversity and Inclusion 17 ALA Webinar - “Mentoring: It’s * Program also available va 26 ALA Webinar Rebroadcast - De´ja` Vu All Over Again” WebEx at Shulman, Rogers, “Leveraging Technology for Small 2:00 – 3:00 p.m. Gandal, Pordy & Ecker, P.A. Firms” Location: 2:00 – 3:00 p.m. Semmes, Bowen & Semmes 15 ALA Webinar - “Marketing Location: 25 S. Charles Street (Mis)Alignment: Closing the Shulman, Rogers, Gandal, Pordy Suite 1400 Gap Between Marketing and & Ecker, P.A. Baltimore, MD 21201 Law Firm Leadership” 2:00 – 3:00 p.m. 27 Business Partners Social Event 24 ALA Webinar Rebroadcast - Location: 4:00 – 6:00 p.m. Mentoring It’s De´ja` Vu All Over Brown, Goldstein & Levy Location: Again” 120 E. Baltimore Street Venable Terrace 2:00 – 3:00 p.m. Baltimore, MD 21202 750 E. Pratt Street Location: Baltimore, MD 21202 Shulman, Rogers, Gandal, 23 ALA Webinar Rebroadcast - Pordy & Ecker, P.A. “Marketing (Mis)Alignment: 12505 Park Potomac Avenue Closing the Gap Between 6th Floor Marketing and Law Firm Potomac, MD 20854 Leadership” 2:00 – 3:00 p.m. Location: Shulman, Rogers, Gandal, Pordy & Ecker, P.A.

38 SPRING 2013 fromDESKTOP to PRINTSHOP Your TOTAL SOLUTION

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