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September2018dsbabarjournal.Pdf SEPTEMBER 2018 VOLUME 42 • NUMBER 2 Ballard Spahr Congratulates our Newly Elected partners in Delaware Leslie C. Heilman Elizabeth A. Sloan Leslie focuses on corporate restructuring, bankruptcy, Liz is an experienced Chancery Court litigator. and creditors’ rights. She helps clients navigate She represents corporations, directors, and and protect their rights in business insolvency and stockholders in breach of fiduciary duty litigation, bankruptcy matters, regularly representing creditors, shareholder and corporate governance disputes, creditor committees, debtors, commercial landlords, valuation issues, and other corporate and commercial and other key constituents in Chapter 11 proceedings litigation matters. In addition, she frequently advises and bankruptcy litigation in Delaware and nationally. clients on matters of Delaware corporate law. 919 N. Market Street | 11th Floor Wilmington, DE 19801-3034 302.252.4465 Atlanta | Baltimore | Bethesda | Boulder | Delaware | Denver | Las Vegas | Los Angeles | Minneapolis | New Jersey | New York | Philadelphia | Phoenix | Salt Lake City | San Diego Sioux Falls | Washington, DC | www.ballardspahr.com DSBA BAR JOURNAL SEPTEMBER 2018 | VOLUME 42 • NUMBER 2 Ballard Spahr Congratulates our PRESIDENT David J. Ferry, Jr. EXECUTIVE DIRECTOR Newly Elected partners in Delaware Mark S. Vavala EDITORIAL BOARD Laina M. Herbert Jason C. Powell FEATURES Benjamin A. Schwartz Seth L. Thompson The Women and the Law Issue EXECUTIVE COMMITTEE LIAISON Michael F. McTaggart 16 From 1923 to 2018: Women in the Delaware Bar PUBLICATIONS EDITOR BY KYLE EVANS GAY, ESQUIRE, AND KATHLEEN A. MURPHY, ESQUIRE Rebecca Baird PUBLICATION ASSISTANT 17 #MeToo in the States and the Delaware General Assembly Susan Simmons BY REBECCA L. BYRD, ESQUIRE The Bar Journal is published and distributed by the Delaware State Bar Association 20 A Year for the Record Books for Delaware Women 405 North King Street, Suite 100 BY MELANIE ROSS LEVIN Wilmington, DE 19801 P: 302-658-5279 F: 302-658-5212 www.dsba.org 22 Delaware Firsts for Women Leslie C. Heilman Elizabeth A. Sloan © Copyright 2018 by the Delaware State 24 Celebration of 95 Years of Women in the Delaware Bar Bar Association. All Rights Reserved. Leslie focuses on corporate restructuring, bankruptcy, Liz is an experienced Chancery Court litigator. The Bar Journal is the independent journal 31 The 2018 Combined Campaign Cup Results of the Delaware State Bar Association. It BY KEVIN G. COLLINS, ESQUIRE, AND CHARLES B. VINCENT, ESQUIRE and creditors’ rights. She helps clients navigate She represents corporations, directors, and is a forum for the free expression of ideas on the law, the legal profession and the administration of justice. It may publish 34 Report: The 2018 Annual Meeting of the ABA House of Delegates and protect their rights in business insolvency and stockholders in breach of fiduciary duty litigation, articles representing unpopular and controversial points of view. Publishing BY WILLIAM D. JOHNSTON, ESQUIRE bankruptcy matters, regularly representing creditors, shareholder and corporate governance disputes, and editorial decisions are based on the quality of writing, the timeliness of the creditor committees, debtors, commercial landlords, valuation issues, and other corporate and commercial article, and the potential interest to readers, 37 Former Delaware Justice Forges Bridge with Leading and all articles are subject to limitations of and other key constituents in Chapter 11 proceedings litigation matters. In addition, she frequently advises good taste. In every instance, the views London Chambers expressed are those of the authors, and and bankruptcy litigation in Delaware and nationally. clients on matters of Delaware corporate law. no endorsement of those views should be :inferred, unless specifically identified as the 38 Sexual Orientation Discrimination Under Title VII policy of the Delaware State Bar Association. The Looming Supreme Court Battle The Bar Journal is published monthly with a BY KATHERINE M. DEVANNEY, ESQUIRE combined July/August issue. All correspondence regarding circulation, subscriptions, or editorial matters should be COLUMNS mailed to: 4 President's Corner 26 Ethically Speaking Editor, DSBA Bar Journal Delaware State Bar Association 6 Editor’s Perspective 28 DE-LAP Zone 405 North King Street, Suite 100 Wilmington, DE 19801 12 Tips on Technology 32 Book Review or emailed to: [email protected] 14 Commission on Law & Technology: 42 Judicial Palate Letters to the Editor should pertain to recent articles, columns, or other letters. Unsigned Leading Practices letters are not published. All letters are subject to editing. Send letters to the address above, Attention: Editor, Bar Journal. DEPARTMENTS 8 Of Note 11 Section & Committee Meetings 919 N. Market Street | 11th Floor For Advertising Opportunities Call (302) 658-5279, ext. 102 9 Side Bar 40 Bulletin Board Wilmington, DE 19801-3034 Email: [email protected] 9 Your Words 41 Disciplinary Actions 302.252.4465 Read The Bar Journal online at www.dsba.org 10 Calendar of Events Atlanta | Baltimore | Bethesda | Boulder | Delaware | Denver | Las Vegas | Los Angeles | Minneapolis | New Jersey | New York | Philadelphia | Phoenix | Salt Lake City | San Diego Cover Photo by Antonio Byrd. Details on pg. 24. Sioux Falls | Washington, DC | www.ballardspahr.com DSBA Bar Journal | September 2018 3 PRESIDENT'S CORNER By David J. Ferry, Jr., Esquire Supreme Court Work-Life Balance y now, all members of the Delaware Bar should be aware When I was admitted to the Bar back in “ the of the Delaware Supreme 1980s, ambitious lawyers believed it was Court Order of July 18, 2018 necessary to work 60 to 80 hours per week to Bregarding work-life balance for legal “ professionals. This Order follows the climb the ladder and achieve their goals as initiative begun by Chief Justice Strine well as the objectives of their clients. to address work-life balance for attorneys when the Chief Justice issued his list of trial courts shall consider the remaining to respond to the filings that were made Judicial Branch priorities in 2014. recommendations in the report carefully while they were trying to enjoy their lives The Order, in simplified form, re- and adopt those and other practices that with family and friends. The report of quires three things. First, the courts shall will improve the quality of professional the Committee on Improving the Qual- amend their rules and e-filing policies to practice by and the quality of life of ity of Lawyering in Delaware made the require that e-filings in non-expedited Delaware legal professionals. recommendations for the Supreme Court matters, except for initial pleadings and This order is a result of Chief Justice Order. The Committee stated that their notices of appeal, must be completed by Strine’s Judicial Branch priorities and the recommendations or any combination 5:00 p.m. Eastern Time in order to be efforts of the Work-Life Balance Com- of the recommendations will not funda- considered timely filed that day. Initial mittee which was composed of members mentally change the practice of law or the pleadings and notices of appeal and elec- of the Supreme Court Rules Committee, expectation that the law is a 24/7 profes- tronic filings in expedited matters must the Court of Chancery Rules Committee, sion, but the Committee believes the be completed before midnight Eastern and the Superior Court Rules Commit- recommendations should contribute to a Time in order to be considered timely more balanced structure to the practice filed that day except for expedited mat- tee. The Committee was formed to ex- of law in Delaware, helping both lawyers ters where the parties have agreed upon, plore changes that the courts could make and their staff to enjoy their professional or the court has ordered, a different filing to create a more sensible structure for the and personal lives more. deadline. This 5:00 p.m. filing deadline practice of law that would improve the becomes effective September 14, 2018. quality of practice and the work-life bal- The Work-Life Balance Committee Second, the trial courts are directed to ance of legal professionals in Delaware. created in 2015 was divided on the issue consider adopting practices and policies When I was admitted to the Bar back and the results of a DSBA survey do not that disfavor filing due dates on Mondays in the 1980s, ambitious lawyers believed support the change of the current filing or the day after a holiday in non-expedit- it was necessary to work 60 to 80 hours time. The Committee thought it was ap- ed matters, the issuance of non-expedited per week to climb the ladder and achieve propriate for all views to be articulated to opinions addressing dispositive motions their goals as well as the objectives of their and considered by the judiciary and the or post-trial relief after 4:00 p.m. as a clients. The electronic filing system that Committee has attempted to address all general matter and after noon on Fridays came along many years later made it pos- of the concerns that were raised. A review and the scheduling of oral arguments and sible to work more late nights, weekends, of the Committee’s report, and the various trials in August, except in expedited mat- and holidays to meet filing deadlines statistics and comments is very helpful in ters or where there is an important reason of 11:59 p.m. Late filings then led to understanding the reasoning that led to for proceeding at that time. Lastly, the more pressure on the parties who had the Supreme Court Order of July 18, 2018. 4 DSBA Bar Journal | www.dsba.org It is particularly helpful to Committee of the Bar Association, review the Committee’s report, and other lawyers are discussing which explains the criticisms and and debating the Order and the responses to the criticisms about implementation of the Order by the various issues. The report the various courts. The reaction of explains why the 5:00 p.m.
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