MARCH 2018 VOLUME 41 • NUMBER 8
IN THIS ISSUE
The Risks of Storing Privileged Information in the Cloud P. 16
Who Watches the Doc Reviewers? P. 20
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Mail order to: Delaware State Bar Association, 405 North King Street, Suite 100, Wilmington, DE 19801 Fax: (302) 658-5212 Questions? Call (302) 658-5279 ALL SALES ARE FINAL. NO REFUNDS. DSBA BAR JOURNAL MARCH 2018 | VOLUME 41 • NUMBER 8
PRESIDENT Michael Houghton
EXECUTIVE DIRECTOR Mark S. Vavala
EDITORIAL BOARD Laina M. Herbert Jason C. Powell Benjamin A. Schwartz Seth L. Thompson
EXECUTIVE COMMITTEE LIAISON William Patrick Brady FEATURES
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The Bar Journal is the independent journal 34 The 2018 Blue-Gold High School All-Star Basketball Games of the Delaware State Bar Association. It BY LAWRANCE SPILLER KIMMEL, ESQUIRE is a forum for the free expression of ideas on the law, the legal profession and the administration of justice. It may publish articles representing unpopular and controversial points of view. Publishing and editorial decisions are based on the quality of writing, the timeliness of the COLUMNS article, and the potential interest to readers, and all articles are subject to limitations of good taste. In every instance, the views 4 President's Corner 18 Ethically Speaking expressed are those of the authors, and no endorsement of those views should be 8 Editor’s Perspective 22 DE-LAP Zone inferred, unless specifically identified as the policy of the Delaware State Bar Association. 14 Tips on Technology 24 Book Review The Bar Journal is published monthly with a 16 Commission on Law & Technology: 38 Judicial Palate combined July/August issue. Leading Practices All correspondence regarding circulation, subscriptions, or editorial matters should be mailed to: Editor, DSBA Bar Journal Delaware State Bar Association 405 North King Street, Suite 100 Wilmington, DE 19801 or emailed to: [email protected] DEPARTMENTS Letters to the Editor should pertain to recent articles, columns, or other letters. Unsigned 10 Of Note 13 Section & Committee Meetings letters are not published. All letters are subject to editing. Send letters to the address Section Connection Bulletin Board above, Attention: Editor, Bar Journal. 10 36 11 Side Bar 36 Disciplinary Actions 11 Why I Belong 37 Creative Corner For Advertising Opportunities Call (302) 658-5279, ext. 102 12 Calendar of Events Email: [email protected] Read The Bar Journal online at www.dsba.org
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DSBA Bar Journal | March 2018 3 PRESIDENT'S CORNER
By Michael Houghton, Esquire
The Lawyer President
resident’s Day has come and last. It is early in his term. Maybe history gree. Theodore Roosevelt, also a peren- gone, but on the holiday itself will be kinder to him. nial top tenner, studied law at Columbia a new survey — captioned Views of some Presidents do not without ever completing his law degree. “The 2018 Presidents and change much. Former Presidents Mil- What is there about training and ex- PExecutive Politics Presidential Greatness lard Fillmore, James Buchanan, Andrew perience as a lawyer that might indicate Survey” — was released. The survey Johnson, and Franklin Pierce have success for a President? Some common ranks U.S. Presidents from best to worst consistently stayed near the bottom in leadership qualities shared by the most and was based on responses from 170 presidential rankings. successful Presidents include: current and recent members of a sec- Fillmore, Pierce, and Buchanan were ▪▪ A strong vision for the country’s tion of the American Political Science 1 all lawyers, though having legal train- future Association. The usual suspects were ing is not an indicator of a bad presi- in the top three spots — Abraham Lin- ▪▪ An ability to put their own times dency. Franklin Roosevelt, John Adams, in the perspective of history coln was ranked number one, George Thomas Jefferson, and Abraham Lincoln Washington was ranked number two, were all lawyers. To the contrary, even a ▪▪ Effective communication skills and Franklin Delano Roosevelt was modest amount of legal training might ▪▪ The courage to make unpopular ranked number three. Others moved indicate the prospect of success for a decisions around some, Barack Obama ranking President. Harry Truman, often ranked ▪▪ Crisis management skills eighth, up 10 slots from 2014, Ronald among the top ten Presidents, studied ▪▪ Character and integrity Reagan moving from ninth to eleventh at the University of Missouri – Kansas and Bill Clinton dropping from eighth School of Law, then called Kansas City ▪▪ Wise appointments to thirteenth. President Trump was rated Law School, but never earned a law de- ▪▪ Ability to work with Congress2 © istockphoto.com/ Juan Andres Martinez
4 DSBA Bar Journal | www.dsba.org Some of these qualities or skills, such Martin Van Buren ery night in the White House. In 1879, as being an effective communicator, Martin Van Buren was the first President Hayes signed the Act to Relieve Cer- crisis management skills, an ability to to be born a United States citizen, all tain Legal Disability of Women, which work with other important constituen- previous Presidents were born British cleared the way for female attorneys to cies — and I would hope some portions subjects. argue cases in any U.S. federal court. of character and integrity — are derived In 1880, Belva Lockwood (1830-1917) or enhanced by legal training and legal Franklin Pierce became the first female lawyer to argue practice. But, there have been good Franklin Pierce was sworn in as Presi- a case before the U.S. Supreme Court. lawyer-Presidents as well as bad lawyer- dent using a book of law, rather than Presidents. Having a law degree or legal Grover Cleveland the Bible. training is alone, no indication of guar- Grover Cleveland was the only President anteed success as president. Abraham Lincoln to hold the job of a hangman. As Sheriff But, all lawyer-Presidents, like all Abraham Lincoln was involved in of Erie County, New York, he twice had people I suppose, have had unusual traits roughly 300 wrestling matches and only to spring the trap door at a hanging. and personal histories — and unique lost once; Lincoln was inducted into the achievements — which are more interest- Wrestling Hall of Fame with the honor Benjamin Harrison ing because they served as Presidents of of “Outstanding American.” Lincoln is Benjamin Harrison was the first presi- 3 the United States. the only U.S. President who was also a dent to live in the White House with licensed bartender and co-owner of a electricity, but was terrified of electro- James Monroe saloon. cution and refused to touch any light James Monroe once chased his Secretary switches. of the Treasury, William Crawford, from Rutherford B. Hayes the White House with a pair of fire tongs. Rutherford B. Hayes struggled as a William McKinley young man with what is known as “lys- William McKinley was the first Presi- John Quincy Adams sophobia” — the fear of going insane. He dent to campaign by telephone as well John Quincy Adams would often skinny banished alcohol from the White House as the first to use the modern version of dip in the Potomac River. and held a gospel sing-along almost ev- campaign buttons. We believeWe believe in building in building relationships. relationships. KruzaKruza Legal Legal Search Search Specializing inSpecializing permanent attorney, in permanent paralegal attorney, and support paralegal staff and placement support services staff placement since 1980. services since 1980.
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DSBA Bar Journal | March 2018 5 William Howard Taft President’s Day has come and gone, as William Howard Taft became Chief Jus- do Presidents, though we always have one, LAWYER tice of the Supreme Court after serving of one sort or another. The fact is that more as President, making him the only person than 60 percent of our Presidents to date PRESIDENTS in history to serve as the head of two have been lawyers or had some legal educa- branches of government. Taft, dubbed tion and that seven of the top ten presidents “Big Bill,” was the largest President in are lawyer-(or nearly lawyer) Presidents. Here is a list of the 27 out American history and often got stuck in Notes: of 44 Presidents who his bath tub, having to be pulled out by 1. Jessica Way, “Trump is the Worst President, Expert Ranking Survey Reveals on President’s Day.” http:// were lawyers: his advisors. www.newsweek.com. 2. “Presidential Character”, http://www.ushistory.org/gov. Woodrow Wilson 3. Chelsea Beran, “Before They Were President… John Adams They were Lawyers,” Law Technology Today (Feb. Woodrow Wilson would paint his golf 15, 2016); Karin Lehnardt, “99 Fun Facts About U.S. Thomas Jefferson balls black during winter so that he could Presidents,” FactRetriever.com (Sept. 17, 2016). continue playing in the snow. James Monroe Michael Houghton is the current And, my personal favorite: President of the Delaware State Bar John Quincy Adams Association and is also Chair of the Calvin Coolidge Delaware Economic and Financial Andrew Jackson Advisory Council (“DEFAC”), served Calvin Coolidge, the only President born as President of the Uniform Law Martin VanBuren on July 4, was said to be a little odd, not Commission, serves as a member only enjoying breakfast in bed while of the Boards of the Delaware Bar John Tyler Foundation, the Delaware State having petroleum jelly slathered on his James Polk head — having determined it was good Chamber of Commerce, the Delaware Public Policy Institute, and the Pete for his health — but he would regularly du Pont Freedom Foundation. Mike is Millard Fillmore push all of the call buttons in the White a partner with the law firm of Morris, House and watch the staff run into his Nichols, Arsht & Tunnell LLP. He can Franklin Pierce be reached at [email protected]. office just to see who was working. James Buchanan Abraham Lincoln S av e the Date Rutherford B. Hayes Chester Arthur Grover Cleveland Theodore Roosevelt* Benjamin Harrison William McKinley William Howard Taft Woodrow Wilson 5.18.2018 Calvin Coolidge Franklin D. Roosevelt L aw Day Harry S. Truman* Richard Nixon Luncheon Gerald Ford Bill Clinton Hotel du Pont, Wilmington Barack Obama More details to follow * had some legal education
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DSBA Bar Journal | March 2018 7 EDITOR’S PERSPECTIVE
By Jason C. Powell, Esquire
I Was There for the Beginning, I Was There for the End…
t may seem inappropriate to write a column about the Super game, the score tied and no timeouts, a second-year quarterback Bowl in a professional legal publication. But then again, led the Patriots down the field, and they kicked a game-winning that Super Sunday had an impact well beyond the football field goal as time expired. As we now know, that quarterback field. Probably safe to say that most water cooler conversa- was Tom Brady, and this was his beginning. Earlier in the Itions at law firms across Delaware did not focus on anything season, the Patriots starter Drew Bledsoe had been injured and legal the next morning. Schedules that week abruptly shifted Brady, who was a sixth-round draft pick and had only thrown a as judges kindly suggested hearings could be postponed (wink, handful of passes prior to Bledsoe’s injury, stepped in for what wink), if the parties involved suddenly had a conflict on the led to the first of his many Super Bowl victories. Thursday after the big game. Emails flew between attorneys, proposing alternate dates for depositions, if for some reason The Middle that same Thursday unexpectedly proved inconvenient. The A few years later, I headed back to the Super Bowl, not word “parade” likely was never spoken. It did not need to be. because a ticket landed in my lap, and not for the novelty Check back with me in a year — but at my water cooler, I of attending the big game. This time, the Eagles, the team went on record as saying I was there not only for the beginning, I had watched and cheered for since I was a kid, were taking but at the end. The end of Tom Brady’s Super Bowl reign. on Brady and the Patriots. Destination: Jacksonville, Florida, which was ill-equipped to handle the huge Super Bowl crowd. The Beginning Available hotel rooms were so scarce, cruise ships pulled into “Do you want to go to the Super Bowl?” my buddy Kevin port to provide temporary lodging, and even those rooms went asked. He was talking about Super Bowl XXXVI, and he was quickly. My buddies and I had nowhere to stay. But, someone asking me on January 30, 2002, just four days before the Rams knew someone who was related to someone who was selling a took on the Patriots. Kevin is a Boston native from “Southie,” house in Jacksonville. The homeowner was willing to rent it to and by definition a Patriots fanatic. He had a cousin who was a us for the weekend for an extremely reasonable price. police officer who guarded the mayor of Boston, and the mayor While everyone else paid thousands of dollars for their hotel had two extra tickets for the game in New Orleans. I could not rooms, or drove to Georgia to find available accommodations, quite believe what I was hearing, but Kevin confirmed, “Yes, we considered ourselves princes who had found our castle for the in Louisiana, and we would have to leave in two days.” I said, weekend. Word got out and our castle turned into a fraternity “Sure, why not?” house for attorneys and other professionals who could not find We started driving Friday afternoon and arrived in New anywhere to stay either. No one expected a waterfront condo
Orleans about 24 hours later — flights were next to impossible with endless amenities, but we were not quite prepared for the
to get on such short notice. Since security at our sketchy hotel lack of plumbing, the infestation, the bitter cold (in Florida!), (the only one with availability last minute) did not exist, we and the refusal of cab drivers to even drive to our location. You slept with our tickets clutched in our hands. The next day, we “ witnessed one of the greatest Super Bowls ever. The Rams were heavy favorites and featured an offense dubbed the “Greatest If your team wins, that is the memory Show on Turf.” U2 played at halftime to the largest public you will treasure the rest of your life. gathering since the terrorist attacks of September 11, less than five months earlier. With a minute and thirty seconds left in the “And, what a memory it is. 8 DSBA Bar Journal | www.dsba.org © istockphoto.com/© efks
may remember reading about it on the flew to the Super Bowl in what is called terback, just as it had begun. I will not front page of the The News Journal in an an airplane, instead of road-tripping for count Brady out completely though, not article headlined, “Ten Delaware Buddies a full day. We stayed in a much nicer yet. Even in the final seconds of Super Get a Bit of Shock on Their Arrival in private rental, not in a hotel with quar- Bowl LII, no Eagles fans celebrated until Jacksonville,” along with a picture of yours ter machines attached to the bed (New time ran out, because everyone knew truly and three other dudes on the front Orleans). No one woke us up, shout- what Brady and his offense were capable porch of our “castle” drinking a beer. ing, “Was that a raccoon that just ran of. I found myself focusing on the clock, as opposed to the play, because I feared Then things got worse. The Patriots through the room?” (Jacksonville). But, he would pull off another miracle drive and Brady did it again. The hope that at the end of the day, it does not matter to win yet again, as Patriots fans had this was our year, that we would witness whether you get there by jet or rickshaw, come to expect. But, he could not do it. the Eagles’ first Super Bowl win, would or where you stay. If your team wins, that The Eagles would not let him. not come true. Brady, now a Pro Bowl is the memory you will treasure the rest regular, played a steady but flawless game of your life. And, what a memory it is. Brady threw for over 500 yards, but it to secure his third Super Bowl ring, to the After the game, one of the greatest was not enough. He hung his head and crushing disappointment of our house ever, we did not look for a wild, raucous exited the field, yielding to what might full of Eagles fans. That game would party, as we might have 13 years ago be a new beginning. Is this the start of a be discussed and analyzed for years to if the outcome had been different. We new dynasty with a young quarterback come (Should the Eagles have gone to found a quiet restaurant in Minneapolis and a fresh, inventive coach? Just like I a no huddle? Did the Patriots know the where we could watch the highlights witnessed in 2002? Only this time, the Eagles’ signals?) until the Eagles finally again and again. Age possibly contrib- beginning belongs to Philadelphia and its gave us a reason to change the subject. uted to my lack of exuberance, but the fans. Like all reigns, it will have to end Now we could concentrate on the pres- game was so emotionally draining that a someday. But let’s hope it will not be for ent — February 4, 2018. The set-up: the seat, a meal, and lots of highlights were a long, long time. definite favorite against a team led by a all I needed. backup quarterback. Sound familiar? Bar Journal Editor Jason C. Powell That memory will always include is the managing director of The Powell watching a future Hall of Fame quar- The End? Firm, LLC, in Wilmington, Delaware. terback in what might have been his last He may be reached at jpowell@ With age (sometimes) comes matu- Super Bowl. The end, brought about by delawarefirm.com and more informa- tion is available at delawarefirm.com. rity and sophistication. This year, we the underdog team and the backup quar-
DSBA Bar Journal | March 2018 9 OF NOTE SECTION Condolences to the family of The Honorable Norman A. Barron, who CONNECTION died on February 13, 2018.
If you have an item you would like to sub- Section Connection will highlight DSBA’s Sections each month. Sections mit for the Of Note section, please contact cover a wide array of practice areas and membership in DSBA Sections Rebecca Baird at [email protected]. provides networking opportunities, social events, and CLE opportuni- ties. Learn what your Sections are up to here at the Section Connection!
Open Call WOMEN AND THE LAW SECTION for Articles! Chair Upcoming Events Kyle Evans Gay The Section’s Annual Legislative Lun- Connolly Gallagher LLP cheon in Dover is scheduled for April. Do you have [email protected] This event brings together Section members and legislators to discuss a great idea? Kathleen A. Murphy important issues and legislative initia- Morris James LLP tives affecting women in Delaware and For information on submitting [email protected] articles for publication in the Bar in the legal profession. Journal, please contact Rebecca Regular Meeting Baird at [email protected]. First Wednesday of every month at Recent Events 12:30 p.m. at the DSBA. The Section’s 26th Annual Retreat took place on March 2 and 3 in Rehoboth Goals Beach, and a terrific time was had by To address the effect of laws upon all! Connect with women in Delaware and the delivery of legal services to them and to further Previous Events the role of women in the Delaware legal This year, the Section hosted two DSBA community. exciting panels. For the first, “Thinking Outside the Law Firm Box,” several What Can Members Expect? of our colleagues shared their unique A wonderful community of women, fun perspectives as attorneys practicing and informative programming, a “can’t outside the traditional law firm setting. miss” Retreat, excellent networking The second panel, “Advocating for opportunities, and the opportunity to Legislative Change,” included cur- Like: Delaware State Bar Association engage with the greater community rent and former legislative aides who through volunteer work and issue discussed the role of the constituent in advocacy. shaping legislative policy.
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10 DSBA Bar Journal | www.dsba.org SIDE BAR WHY I BELONG
TOP 5 CARS LAWYERS SHOULD NOT DRIVE Kathi A. Karsnitz 1 Lamborghini Kathi A. Karsnitz, Attorney at Law Tells your clients, “I am a lawyer who wins VICE PRESIDENT, SOLO & SMALL FIRMS, a lot of cases, but everyone hates SUSSEX COUNTY my personality.” “Many, many, many years ago, as a new lawyer, I joined the DSBA because I was 2 1992 Civic proud to be a member of a learned profes- © istockphoto.com/djcodrin © Tells your clients, “You cannot afford a better lawyer.” sion and believed that membership in a professional organization was a privilege. 3 PT Cruiser Although the legal profession has changed over the years, I still view it as a bulwark Tells your clients, “I can help you with probate needs against the erosion of the values of truth because I drive a hearse.” and honor as integral components of the legal system. Membership in the DSBA is 4 Smart Car part of my commitment to those values.” Tells your clients, “I like golfing so much, I drive a golf cart.” Adrian Sarah Broderick © istockphoto.com/JRawpixel © 5 Wilson Sonsini Goodrich DeLorean & Rosati Tells your clients, “I bet you wish you could go back in EXECUTIVE COMMITTEE time and not hire me.” MEMBER-AT-LARGE
Source www.lawyerist.com “I belong to the DSBA because it offers opportunities for learning (and earning CLE credit!), networking, and becoming actively involved in the Delaware legal community CALL FOR BAR JOURNAL PARTICIPATION through participation in DSBA sections, The DSBA Bar Journal is looking for brief announcements about pro bono activities and sponsored events.” DSBA Members for a feature called DSBA Happenings. We welcome brief news items and photos about your activities and accomplishments — examples include Honors, Appointments, Illustrations by Mark S. Vavala Marriages, and Births. Notices are printed at no cost and may be submitted by email to Rebecca Baird at [email protected]. If Please let us know what DSBA membership means to you! Email sending a photo, please send a high resolution photo (300 dpi). Rebecca Baird at [email protected].
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DSBA Bar Journal | March 2018 11 CALENDAR OF EVENTS Professional Guidance Committee March 2018
This committee provides peer counseling Tuesday, March 13, 2018 and support to lawyers overburdened by Fundamentals of Criminal Law and Procedure personal or practice-related problems. It 6.0 hours CLE credit including 1.0 hour Enhanced Ethics credit offers help to lawyers who, during difficult Delaware State Bar Association, Wilmington, DE times, may need assistance in meeting law Webcast to Morris James LLP, Dover, DE, practice demands. The members of this Webcast to Tunnell & Raysor, Georgetown, DE committee, individually or as a team, will help with the time and energy needed to Wednesday, March 14, 2018 keep a law practice operating smoothly and DE-LAP Workshop: Behind the Cool Image to protect clients. Call a member if you or 2.0 hours CLE credit someone you know needs assistance. Delaware State Bar Association, Wilmington, DE Webcast to Morris James LLP, Dover, DE, Webcast to Tunnell & Raysor, Georgetown, DE New Castle County Karen Jacobs, Esquire, Co-Chair* Thursday, March 22, 2018 Victor F. Battaglia, Sr., Esquire Elephant in the Room: Staying on the Right Side of the Rules 5.0 hours CLE credit in Enhanced Ethics Dawn L. Becker, Esquire Delaware State Bar Association, Wilmington, DE Mary C. Boudart, Esquire* Webcast to Morris James LLP, Dover, DE, Ben T. Castle, Esquire Webcast to Tunnell & Raysor, Georgetown, DE David J.J. Facciolo, Esquire Tuesday, March 27, 2018 David J. Ferry, Jr., Esquire Labor & Employment Law Update Robert D. Goldberg, Esquire 5.3 hours CLE credit including 1.3 hours Enhanced Ethics credit Delaware State Bar Association, Wilmington, DE Bayard Marin, Esquire Webcast to Morris James LLP, Dover, DE, James K. Maron, Esquire Webcast to Tunnell & Raysor, Georgetown, DE Wayne A. Marvel, Esquire Michael F. McTaggart, Esquire April 2018 Denise D. Nordheimer, Esquire Wednesday, April 4, 2018 Elizabeth Y. Olsen, Esquire* An Interview By Dean Rodney A. Smolla With Dr. Martin Luther King, Jr. Kenneth M. Roseman, Esquire* (portrayed by Rev. John Moore, Sr.) on Civil Rights Thomas Doyle Runnels, Esquire 2.0 hours CLE Credits Janine M. Salomone, Esquire Delaware State Bar Association, Wilmington, DE Yvonne Takvorian Saville, Esquire Webcast to Morris James LLP, Dover, DE, Webcast to Tunnell & Raysor, Georgetown, DE R. Judson Scaggs, Esquire* David A. White, Esquire Thursday, April 5, 2018 LOMAP: Getting Paid Combo – Basic and Advanced Concepts Gregory Brian Williams, Esquire 2.0 hours CLE Credits Hon. William L. Witham, Jr. Delaware State Bar Association, Wilmington, DE Webcast to Morris James LLP, Dover, DE, Kent County Webcast to Tunnell & Raysor, Georgetown, DE Crystal L. Carey, Esquire Wednesday, April 11, 2018 Edward Curley, Esquire Finance for Lawyers 5.5 hours CLE credit Clay T. Jester, Esquire Delaware State Bar Association, Wilmington, DE Mary E. Sherlock, Esquire Webcast to Morris James LLP, Dover, DE, Webcast to Tunnell & Raysor, Georgetown, DE Sussex County Thursday, April 12, 2018 Larry W. Fifer, Esquire Social Security Update Dennis L. Schrader, Esquire 3.0 hours CLE credit Delaware State Bar Association, Wilmington, DE Carol P. Waldhauser, Executive Director Webcast to Morris James LLP, Dover, DE, DSBA/DE-LAP Liaison Webcast to Tunnell & Raysor, Georgetown, DE
*Certified Practice Monitor Dates, times, and locations of Events and CLEs may occasionally change after time of press, please consult the DSBA website for the most up-to-date information at www.dsba.org.
12 DSBA Bar Journal | www.dsba.org SECTION & COMMITTEE MEETINGS EXECUTIVE COMMITTEE Michael Houghton March 2018 President David J. Ferry, Jr. Wednesday, March 14, 2018 • 12:00 p.m. President-Elect LGBT Section Meeting Stevens & Lee, P.C., 919 North Market Street, Suite 1300, Wilmington, DE William Patrick Brady Wednesday, March 14, 2018 • 4:00 p.m. Vice President-at-Large Real & Personal Property Section Meeting Michael F. McTaggart The Kirsh Law Firm, 910 South Chapel Street, Suite 202, Newark, DE Vice President, New Castle County Thursday, March 15, 2018 • 12:00 p.m. Executive Committee Meeting Patrick C. Gallagher Delaware State Bar Association, 405 North King Street, Suite 100, Wilmington, DE Vice President, Kent County Friday, March 16, 2018 • 12:00 p.m. Mark H. Hudson Workers’ Compensation Section Meeting Vice President, Sussex County Marshall Dennehey Warner Coleman & Goggin, 1007 North Orange Street, Suite 600, Wilmington, DE Samuel D. Pratcher III Vice President, Solo & Small Firms, Tuesday, March 20, 2018 • 12:00 p.m. New Castle County Litigation Section Meeting Delaware State Bar Association, 405 North King Street, Suite 100, Wilmington, DE Anthony V. Panicola Thursday, March 22, 2018 • 4:00 p.m. Vice President, Solo & Small Firms, Family Law Section Meeting Kent County The Yeager Law Firm, 2 Mill Road, Suite 105, Wilmington, DE Kathi A. Karsnitz Monday, March 26, 2018 • 4:00 p.m. Vice President, Solo & Small Firms, Taxation Section Meeting Sussex County E.I. du Pont de Nemours and Company Chestnut Run Plaza, Building 735, Floor 1, Room 1135, 975 Centre Road, Wilmington, DE Kathleen M. Miller Secretary April 2018 Ian Connor Bifferato Monday, April 2, 2018 • 12:30 p.m. Assistant Secretary Senior Lawyers Committee Monthly Luncheon Meeting Delaware State Bar Association, 405 North King Street, Suite 100, Wilmington, DE Michael W. Arrington Treasurer Tuesday, April 3, 2018 • 3:30 p.m. Estates & Trusts Section Meeting Kate Harmon Bessemer Trust Company of Delaware, N.A., 1007 North Orange Street, Suite 1450, Assistant Treasurer Wilmington, DE Miranda D. Clifton Wednesday, April 4, 2018 • 12:30 p.m. Past President Women and the Law Section Meeting Delaware State Bar Association, 405 North King Street, Suite 100, Wilmington, DE The Honorable Natalie J. Haskins Judicial Member Wednesday, April 11, 2018 • 12:00 p.m. LGBT Section Meeting Alexander S. Mackler Stevens & Lee, P.C., 919 North Market Street, Suite 1300, Wilmington, DE Assistant to President Thursday, April 12, 2018 • 12:00 p.m. Thomas P. McGonigle Government Law Section Meeting Legislative Liaison Delaware Community Reinvestment Action Council, Inc., 600 South Harrison Street, Wilmington, DE Adrian Sarah Broderick Tuesday, April 17, 2018 • 8:30 a.m. Crystal L. Carey E-Discovery Section Annual Meeting Mary Frances Dugan Pepper Hamilton LLP, 1313 Market Street, Suite 5100, Wilmington DE Charles J. Durante Richard A. Forsten Tuesday, April 17, 2018 • 12:00 p.m. Reneta L. Green-Streett Litigation Section Meeting Christofer C. Johnson Delaware State Bar Association, 405 North King Street, Suite 100, Wilmington, DE Ian R. McConnel Thursday, April 19, 2018 • 12:00 p.m. Luke W. Mette Executive Committee Meeting Francis J. Murphy, Jr. Delaware State Bar Association, 405 North King Street, Suite 100, Wilmington, DE James Darlington Taylor, Jr. Members-at-Large
Please contact LaTonya Tucker at [email protected] or (302) 658-5279 to have your Mark S. Vavala Section or Committee meetings listed each month in the Bar Journal. Executive Director
DSBA Bar Journal | March 2018 13 TIPS ON TECHNOLOGY
By Richard K. Herrmann, Esquire
Nomophobia: A Litigator’s Disability
A fair amount of literature exists on the subject, and an actual disagreement exists as to whether the condition is a phobia or symptoms indicating other mental illness such as separation anxiety or actual addiction.1 At least half of us have been in con- ferences where those in the next seat are reading email under the table (the other half of us are the ones sending the email). While everyone knows this form of conduct is rude, it may be we are too unforgiving if, in fact, those doing it are suffering from some form of mental disorder. You will be pleased to learn there is treatment for those af- flicted with this condition, which some
© istockphoto.com/STUDIOGRANDOUEST © have compared to internet gambling or shopping addiction. Help is available in t was not long ago, I found myself the client was not concerned about the guides for self-treatment, support groups in a large courtroom not far from outcome. I gathered my things, retrieved and treatment centers.2 home. Opposing counsel seemed my electronics from the locker in the Whether it is called a phobia or an particularly irritating. The judge lobby and exited the courthouse. addiction, it is already affecting us as Ihad no control of the courtroom; and the Although my experience in that lawyers in a number of ways. Studies on court clerk was so engrossed in the com- courtroom did not repeat itself, I did the subject have been made and papers puter screen, it was clear he was playing have occasion to discuss it with a friend written, such as “Do You Plead Con- some kind of game. I found all of these of mine who happens to be a jury psy- nected? Understanding How Lawyers annoyances rather strange, since petty chologist. He stared at me straight in Deal With Constant Connectivity.”3 irritation is just not part of my personal- the eye and said, “You were experienc- Personal injury lawyers are focusing their ity. It was as if I were someone else. I was ing classic symptoms of Nomophobia.” keen eyes on it. We all know driving anxious and found it difficult to sit still. Of course, I had no idea what he was while texting is a very real problem and As time went on, things grew worse. talking about, and then he explained. the cause of many accidents. It is also I found myself looking down at my hand Nomophobia is a condition coined in the subject of much lawyer marketing.45 every few minutes for no reason at all, 2010 as a result of a UK study of mobile Of course, the subject of technology as if I had a tick. My hand was fine, phone users. It is referred to as a “psy- and addiction has been around for a although there was a slight twitch and chological syndrome in which a person number of years. As early as 2007 the I noticed beads of perspiration forming. is afraid of being out of mobile or cell question arose as to whether technology The court hearing itself was insignifi- phone contact.” The name is short for addiction qualifies under the American cant. The judge reserved decision and “No mobile phone phobia.” Disabilities Act. The statistics are stag-
14 DSBA Bar Journal | www.dsba.org gering and are well laid out in a 2016 complaint against Apple in a wrongful death action resulting from an automo- bile accident in California. Modisette, et al v. Apple, Inc., CA 16CV304364 (12/23/16, Santa Clara County, CA). The complaint makes reference to a number of studies, as well as the ex- istence of the Center for Internet and Technology Addiction at the University of Connecticut School of Medicine. When I began research on this ar- ticle, I must admit my tongue was placed somewhat well within my cheek. Now, however, it is quite clear we all have a problem and it is not limited to a par- ticular demographic. Cellphone misuse and abuse is a real-life issue and needs to be addressed at all levels. The first hurdle is to understand that a problem exists. Hello everyone, my name is Richard and I have a cell phone.
Notes: 1. “Nomophobia.” AllAboutCounseling.com. Accessed February 20, 2018. https://www.allaboutcounseling. com/library/nomophobia/. 2. “Treatment for Addiction to Smartphones.” Psych- Guides.com. Accessed February 20, 2018. https:// www.psychguides.com/guides/treatment-for-addic- tion-to-smartphones/. 3. Gruber, Mauro Reto, Christina Sargianni, Manfred Geiger, and Ulrich Remus. “Do You Plead Con- nected? Understanding How Lawyers Deal With Constant Connectivity.” HICSS. 2018. Accessed February 20, 2018. http://engagement.hicss.org:81/ papers/0658/paper0658.pdf. 4. “Pennsylvania Personal Injury Lawyers | Smart- phone Addiction Linked To Rising Car Insurance Premiums.” Williams Cedar LLC. October 02, 2017. Accessed February 20, 2018. https://www.william- scedar.com/smartphone-addiction-rising-car-insur- ance-premiums/. 5. Lawyers, Sansone / Lauber Trial. “Smartphones in Cars Leading to More Deaths of U.S. Motorists.” Sansone, Sumner & Lauber. February 06, 2018. Accessed February 20, 2018. https://www.missou- rilawyers.com/blog/increase-smartphone-use-u-s- drivers-leading-deaths/.
Richard K. Herrmann is a partner at Morris James LLP, handling many forms of complex litigation, includ- ing intellectual property, commercial, and technology. He can be reached at [email protected].
“Tips on Technology” is a service of the E-Discovery and Technology Law Section of the Delaware State Bar Association.
DSBA Bar Journal | March 2018 15 COMMISSION ON LAW & TECHNOLOGY: LEADING PRACTICES
Users Beware The Risks of Storing Privileged Information in the Cloud By Vincent M. Catanzaro, Esquire
he convenient use of technology can run counter to the appropriate protection of information. A recent case underscores the need for all employees of corporate Tparties to understand the necessity for proper pro- tection of electronic information, especially data housed by a third-party cloud provider. In Harleysville Insurance Co. v. Holding Funeral Home Inc., No. 1:15-cv-00057 (W.D. Va. Feb. 9, 2017), a dispute over the payment of insurance pro- ceeds, the parties argued over access to the plaintiff’s claim file. The requesting party claimed that data stored on a public cloud storage site was not kept confidential and therefore should not be protected under the rules regarding inadvertent production, including Federal Rule of Evidence (“FRE”) 502. © istockphoto.com/monsitj© During the incident investigation, the plaintiff and the National Insurance Crime Bureau (the “NICB”) shared had unauthorized and improper access to privileged information. information using an electronic cloud storage service, Box, Inc. In response, defense counsel argued that the plaintiff waived The investigator uploaded videos from the fire scene to the Box privilege by failing to secure the data using proper means. site and then emailed a link to the NICB. No passwords or Although not willing to make the full assertion that the claim special security were used. The Box site was subsequently used file was entirely protected under attorney-client privilege or the as electronic storage for other files, including the entire case file. work-product doctrine, the court was willing, for the sake of Defense counsel served a subpoena on the NICB during the argument, to assume that at least part of the file was protected. litigation and, in response, the NICB produced several docu- The court next turned to the question of whether the file was ments, including an email that included a link to the Box site. inadvertently produced. The court stated that for the waiver to Defense counsel noticed the link in the email, followed it, and be involuntary, as the plaintiff asserted, there must be a level of was able to access all of the documents posted there, including bad faith or criminal activity on the part of the receiving party. the claim file. Plaintiff’s counsel noticed that the defendant had Since the investigator intentionally placed the information on a produced certain potentially privileged documents and asked if cloud site without additional security or protection, regardless of the defendant wanted them returned. the intent to share it only with inside counsel, the court deter- At the same time, plaintiff’s counsel also noticed that the mined that there was no bad faith and found that the disclosure defendant had access to the claim file, which the plaintiff had was not involuntary. not produced and asked that the file be destroyed. The defendant In reaching its decision, the court relied on the Virginia Su- declined, stating that all defense counsel had seen the file and that preme Court ruling in Walton v. Mid-Atlantic Spine Specialists, it was not an inadvertent production. The plaintiff filed a motion 694 S.E.2d 545, 549 (Va. 2010), which presents a five-point test to disqualify defense counsel for its failure to abide by the rules to determine if conduct amounts to waiver of attorney-client protecting inadvertently produced data and alleging that counsel privilege. It focused squarely on three of the five factors, namely
16 DSBA Bar Journal | www.dsba.org “the reasonableness of the precautions to prevent inadvertent opinion of the court, but had done neither. Despite this mis- disclosures …the time taken to rectify the error,” and “the conduct, the court was unwilling to levy the extreme sanction extent of the disclosure.” The Box site is available to anyone of disqualifying counsel but rather required the defendant to who has access to the internet and knows where to look. The pay the plaintiff’s cost in bringing and arguing its motion. Box site contained the claim file for more than six months. This is a wake-up call for companies and individuals using Also, plaintiff’s counsel accessed that site as well, so they were cloud service for the storage of confidential information. The or should have been aware of the ease with which it could be evaluation of both state and federal case law and rules clearly accessed. comes down on the side of intent and the means to which the In finding that the plaintiff had waived privilege for the information is protected. The court here does not specifically claim file, the court gave the following warning to businesses say that cloud storage is not a proper way to store privileged or using unprotected internet-accessible data storage: confidential information. The technology involved in information sharing is Instead, the court merely states that there must be proper rapidly evolving. Whether a company chooses to use and appropriate protections in place to secure access. The warn- a new technology is a decision within that company’s ing the Court gives to employees is also a good lesson to clients control. If it chooses to use a new technology, however, it who entrust sensitive and potentially privileged information should be responsible for ensuring that its employees and to their agents. They need to know the necessity for security agents understand how the technology works, and, more and the consequences of their actions before they decide how importantly, whether the technology allows unwanted to configure the security of their cloud storage. access by others to its confidential information. This article is provided as a general informational service The Court also concluded, using a similar analysis under and it should not be construed as imparting legal advice on any FRE 502, that, by the plaintiff’s own admission, the placing of specific matter. the claim file on the Box site was intentional and not accidental Vincent M. Catanzaro, Senior Attorney in the eData Practice and therefore could not be inadvertent as defined by the federal group at Morgan, Lewis & Bockius LLP (formerly Senior Counsel, rules. The court acknowledged that, by accessing the site and Global Discovery Manager for E. I. du Pont de Nemours & Co.), learning of its contents, defense counsel should have realized works with clients on information governance, data preserva- the existence of potentially privileged documents and should tion, litigation management, and international and cross-border havemegalophobia either disclosed that to opposing counsel or sought an collection.
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Directors Peter Kennedy, Loretta Manning,Great Marie Holliday, advice. Great people. www.CoverRossiter.comJennifer Pacilli and Eric Williams | (302) 656-6632 @CoverRossiter /CoverRossiter
DSBA Bar Journal | March 2018 17 ETHICALLY SPEAKING
By Charles Slanina, Esquire
The Year in Review: 2017 Part II
thically Speaking” began the year with a review of the 2017 Delaware Rule 1.6(a) requires a lawyer to main- disciplinary decisions. This month, we continue the review with a tain the client’s confidences. Rule 1.9 digest of the American Bar Association Formal Opinions issued in extends that duty of confidentiality to 2017 by the Standing Committee on Ethics and Professional Re- former clients. Rule 1.9(c) extends that “Esponsibility that you might have missed. duty by prohibiting the use of “informa- tion relating to the representation” in the Securing Communication of Protected Client Information course of representing a subsequent client. Formal Opinion 477R Note the distinction between the terms “reveal,” “disclose,” and “use.” (May 11, 2017, Revised May 22, 2017) The Committee issued a follow up on Formal Opinion 99-413 (1999) which The “generally known” exception concluded that lawyers have a reasonable expectation of privacy in communications to the use of former-client information made by all forms of email, including unencrypted, despite the risk of interception and was first introduced in the 1983 Model disclosure in concluding that a lawyer’s use of email to communicate with clients did Rules. The term is not defined in either not violate the Rule 1.6 duty to maintain client confidences. the Rules or the Comments. As noted by the Committee, a number of courts have The Committee noted that since the 1999 Opinion was issued, lawyers now use concluded that information is not gener- a variety of devices to transmit and store confidential communications including ally know merely because it is publicly desktop, laptop, and notebook computers as well as tablet devices, smartphones, and available or is a matter of public record. cloud and other external data storage. The Committee noted that in 2012, the ABA Instead, the Opinion relies on a dictionary adopted “technology amendments” to the Model Rules including the addition to the definition to conclude that information is Comments to Rule 1.1 which requires an attorney to maintain technology competence, generally know when it is “popularly” or as well as the duty to take reasonable measures to prevent inadvertent or unauthorized “widely” known citing an original Com- disclosure of information relating to the representation. ment found in New York’s version of Rule While the Opinion acknowledged that cybersecurity concerns have arisen in a post- 1.6(a) governing the protection of a client’s Opinion 99-413 world, the Committee concluded that a lawyer generally may transmit confidential information. The Committee information relating to the representation of a client over the internet without violating also noted a 2001 New York State Bar the Model Rules if the lawyer has undertaken reasonable efforts to prevent inadvertent Association Committee on Professional or unauthorized access. That duty may be heightened and additional security precau- Ethics which itself offered an opinion tions required on request of the client or when the nature of the information requires that “information is generally known a higher degree of security. only if it is known to a sizable percent- age of people in ‘the local community or The Generally Known Exception to Former-Client Confidentiality in the trade, field or profession to which Formal Opinion 479 (December 15, 2017) the information relates.’” (N.Y. State Bar Like Delaware’s own Professional Conduct Rules, ABA Model Rule 1.9(c) states Ass’n, Comm. on Prof’l Ethics Op. 991). that a lawyer may not use information relating to the representation of a former client Based on this reasoning, the Commit- to the former client’s disadvantage without informed consent, or except as otherwise tee concluded that information is generally permitted or required by the Rules of Professional Conduct unless the information has known within the meaning of Model Rule become “generally known.” Formal Opinion 479 offers the Committee’s guidance on 1.9(c)(1) if (a) it is widely recognized by what constitutes “generally known.” members of the public in the relevant geo-
18 DSBA Bar Journal | www.dsba.org graphic area; or (b) it is widely recognized parte communications. The Committee counseled against independent judicial in the former client’s industry, profession, also cited Rule 2.9(C) which states: “A research. Instead, the Committee advised or trade. Information may become widely judge shall not investigate facts in a mat- judges to ask the parties and their counsel recognized and thus generally known as a ter independently, and shall consider only to provide permissible evidence which can result of publicity through traditional me- the evidence presented and any facts that then be tested by the adversary process. dia sources such as newspapers, magazines, may properly be judicially noticed.” And, radio or television; through publication Comment [6] to that rule which clarifies Delaware State Bar Association on internet websites; or through social that the prohibition includes all mediums, Committee on Professional media. With respect to category (b), the including electronic. Ethics Opinions Committee suggested that information The opinion noted that facts that are There were no opinions issued in 2017. should be treated as generally known if it the proper subject of judicial notice are de- For that matter, there were no opinions is announced, discussed, or identified in fined by Rule 201(b)(1) and (2) of the Fed- issued in 2016 either. what reasonable members of the industry, eral Rules of Evidence which states that profession or trade would consider a lead- “Ethically Speaking” is intended to stimulate such facts are “not subject to reasonable awareness of ethical issues. It is not intended as legal ing print or online publication or other dispute” because the facts are “generally advice nor does it necessarily represent the opinion resource in the particular field. known within the trial court’s territorial of the Delaware State Bar Association. Additional On the other hand, the Committee jurisdiction” or “can be accurately and information about the author is available at www. concluded that information that is pub- readily determined from sources whose ac- delawgroup.com. licly available is not necessarily generally curacy cannot reasonably be questioned.” “Ethically Speaking” is available online. Col- known. The mere fact that the informa- While Rule 2.9(C) does not preclude a umns from the past five years are available on www. dsba.org. tion may have been discussed in open judge’s independent legal research, it does court, be available in court records, in proscribe independent research of “facts.” Charles Slanina is a partner in the public libraries, or other public repositories The opinion offers five hypotheticals firm of Finger & Slanina, LLC. His prac- does not, standing alone, mean that the to provide guidance as to situations in tice areas include disciplinary defense and consultations on professional re- information is generally known for Model which independent research is permissible sponsibility issues. Additional informa- Rule 1.9(c) purposes especially if the in- under the Model Code of Judicial Con- tion about the author is available at formation requires specialized knowledge duct. In each instance, the Committee www.delawgroup.com. or expertise to locate.
Independent Factual Research by Judges Via the Internet Formal Opinion 478 SAVE THE DATE The Opinion considered whether it is proper for judges to conduct independent research as independent fact-finding in connection with litigation. While ac- The St. Thomas More Society of the knowledging that the internet provides Diocese of Wilmington ready access to a vast array of informa- tion, that information may not always be accurate. Will Celebrate its Annual Award Dinner The Committee based its opinion on on the ABA Model Code of Judicial Con- duct. In doing so, the opinion concluded Sunday, May 20, 2018 that a judge should not gather adjudica- Cocktails at 5:00 P.M. (cash bar) tive facts from any source on the internet Dinner at 6:00 P.M. unless the information is the proper subject for judicial notice. Location In reaching this conclusion, the Com- The Wilmington Country Club mittee noted that the United States legal 4825 Kennett Pike, system requires a judge’s decision to be Wilmington, Delaware based upon evidence presented in court and available to all parties. The opinion Further Details to Follow also cited Canon Two of the Model Ju- dicial Code which prohibits improper ex
DSBA Bar Journal | March 2018 19 WHO WATCHES THE DOC REVIEWERS?
By Michael R. Grandy, Esquire © istockphoto.com/ Jirsak istockphoto.com/ ©
o answer the question in my First, we visit the infamous Qual- associated attorneys faced hearings before title, the courts, apparently. comm case from the Southern District of their state bar. Discovery is straightforward. California. Qualcomm Inc. v. Broadcom Next, we turn to Delaware. GN Net- Candidly respond to the re- Corp., 2008 WL 66932 (S.D. Cal. Jan. 7, com, Inc. v. Plantronics, Inc., involved Tquests of an opponent. Object where ap- 2008). In Qualcomm, the plaintiff argued a client (not an attorney) intentionally plicable. Withhold nothing responsive. that it had never participated in meetings deleting emails. 2016 WL 3792833 (D. Simple, right? Yet, what happens when with an industry standards-setting body Del. July 12, 2016). Gems from the of- one suspects that an opponent may be called the Joint Video Team (“JVT”). fending party included emails stating, withholding documents during discov- The plaintiff would likely have waived “please delete immediately” and “please ery? Document production is not always its claims had it been found to have delete this entire string of emails for clear-cut and sometimes miscommuni- participated in the meetings of the JVT. everyone that has been copied ASAP!” cations can lead to discovery tragedies. During trial, a document reviewer dis- A forensic expert estimated that the in- Sometimes documents are intentionally covered at least 21 emails that indicated dividual himself likely deleted 2,380 to withheld. It is often difficult to tell if that Qualcomm had in fact participated 15,309 responsive emails from his own opposing counsel is justified in with- in JVT meetings during the relevant inbox. It was not clear how many other holding documents. This is where the timeframe. Attorneys for Qualcomm documents may have been deleted due courts come in. Sanctions, adverse infer- made the decision to not produce these to his requests to colleagues. The Court ences, dismissal, and referral to state bar documents and became whipsawed when sanctioned the defendant with a $3 mil- authorities are some of the boogeymen the documents came up during cross- lion punitive damages hit, attorneys’ fees awaiting parties who engage in discovery examination at trial. In finding that “an for the discovery dispute, and an adverse abuses. Further, our future AI overlords organized program of litigation miscon- inference in the form of a jury instruc- may assist with discovery, helping us duct” had taken place, the defendant was tion. These significant sanctions impose avoid discovery abuses before we vanish awarded nearly $10 million dollars in fees high financial burdens on wrongdoers after the singularity. and costs due to the concealment. The and destroy any advantage otherwise
20 DSBA Bar Journal | www.dsba.org gained through discovery gamesmanship. “troubling misfortune….” Although the These types of cases can also serve as a court had several issues in addition to warning to clients that trying to delete the lack of discovery candor, the court evidence while keeping counsel in the ordered that out of state counsel (located dark is a losing strategy. in Washington State) and plaintiff Beck In Monier, Inc. v. Boral Lifetile, Inc., were to pay $25,000 to the defendants, the Court of Chancery imposed mone- jointly and severally. Further, the Court tary sanctions on a party that did not turn ordered a joint and several payment of over an important responsive document $2,500 to the Court for wasted time to its opponents. 2010 WL 2285022 (Del. and costs. Additionally, the Court dis- Ch. Feb. 24, 2010). The court awarded missed the complaint, and required that one-third of discovery costs (being con- the Washington firm attach a copy of the court’s decision to every motion for ducted under the Hague Convention) and admission pro hac vice. the costs associated with the sanctions motion, though declined to dismiss the Conclusion case. The document in question was a Being coy or careless with document PowerPoint presentation originally cre- production can have far-reaching con- ated by the plaintiff. During negotiations sequences. Cases can unravel, and sanc- between the plaintiff and the defendant, tions can swamp discovery-abusers. For a page from the presentation was given now, attorneys should refer to guidelines to the defendant. The defendant pro- promulgated by our very own Delaware duced the single page during discovery, Courts to help keep on the right track. while the plaintiff did not produce any portion of the PowerPoint that they had What does our future hold? Several themselves created. The plaintiff then document review AI programs are cur- filed a motion seeking the rest of the Pow- rently being developed or put into use. erPoint. Confusing? The court thought Some of these programs focus on analyt- so. “The record, unfortunately, is not very ics and can identify when likely respon- STAY ON TOP helpful in providing an understanding as sive or privileged documents have been wrongly tagged by the reviewer. These to what [the plaintiff’s] counsel and [the of your CLE Credits programs can also identify if` a particu- plaintiff] were doing.” The Court found lar reviewer is making wrong decisions. with DSBA! that the plaintiff had materially failed to That way, the reviewer can be trained meet its responsibilities during discovery, to accurately make document calls or though did not find that the plaintiff had be removed from the project. Yet other engaged in a deliberate cover-up. AI work alongside human reviewers and Finally, in Beck v. Atl. Coast PLC, the “learn” how to mark documents based Court of Chancery addressed the inten- on instruction and document requests. A complete list of tional and unjustified withholding of a Once these programs reach a high level DSBA CLE seminars document during discovery. 868 A.2d of accuracy, they are able to complete is available on 840, 857 (Del. Ch. 2005). Beck involved document review in a fraction of the time an attempt to certify a nationwide class that human reviewers can. Nonetheless, our website at action suit against an early internet com- AI cannot (yet) stop a client from delet- www.dsba.org. pany. The plaintiff and intended class ing relevant documents, nor could AI do representative had made statements on much if an attorney simply never loaded a personal website that were probative as a specific document into a review plat- to his sufficiency as a class representative form. For now, we have the above cases in the suit. His out-of-state counsel was to remind us that honest and effective aware of the website, though consciously compliance with document requests is decided not produce the site in its entirety the answer. Delaware State Bar Association despite the entirety of the webpage being 405 N. King Street, Suite 100 relevant to a document request. Out-of- Michael R. Grandy is an associate Wilmington, DE 19801 state counsel for the plaintiff noted to the at Connolly Gallagher LLP and can be (302) 658-5279 Court that finding the webpage (a year in reached at mgrandy@connollygallagher. advance of the document request) was a com or (302) 888-6212.
DSBA Bar Journal | March 2018 21 DE-LAP ZONE
A Message from the Delaware Lawyers Assistance Program
By Carol P. Waldhauser, Executive Director
Are You a Control Freak? If So, Here Are Tips on How to Be More Flexible and Easygoing
ohn Doe, Esquire, accepts that he is a bad manners; or they correct people when they type A personality. He declares em- do something wrong or inappropriate. It is phatically that he is not a control important to understand that underneath freak! Rather, John believes the motivation to correct others is the be- Jthat his personality traits, attitudes, lief that you are usually or always right. and need to control are no different Always Trying to Win the than “regular people.” He argues Argument or Have the Last Word that he is calmer and more relaxed when he can control everything. High-control men and women With a deep, agitated voice, he says: are difficult to have relationships “It is when I do not have control, fear with because they like to set the rules enters into the picture.” In reality, and subsequently enforce them. They © istockphoto.com/ Lyudinka John knows that he is a victim of his act superior to others, and are deter- own insecurities and he worries about the mined to show everyone that they are what ifs instead of focusing on the present. the most practical, logical and intelligent 2 Deep down, John realizes there is no way that one in any crowd. Does this sound familiar? he can control everyone and everything in his life Refusal to Admit When They Are Wrong — even if he tries. One of the most frustrating signs of a control freak is the While being a control freak is not necessarily a bad thing in all refusal on the part of high-control men and women to admit situations, you do not want it to completely take over your thought when they are wrong. It could be the smallest, simplest issue, but processes and relationships. Whether it is the fear of something high-control people do not care. (Rather, when you are wrong, bad happening or lack of trust in others, it is a behavior that promptly admit it!) needs to change so you can start enjoying life again — whether you are in control or not. Judging or Criticizing Others Some of the most judgmental individuals you will ever meet Signs That You Are a Control Freak, or Are Dealing are men and women with a high need for control. They are with One highly principled, with opinions on everything from how people According to Psychology Today 1, here is how to spot if you, or should hold their fork to how people should comb their hair to someone you know, is a control freak: how they should dress. They have an answer for everything and they know it all. Correcting People When They Are Wrong People with a high need for control often feel the need to Driving with Rage correct others when they are wrong. They correct someone due People with a high need for control often get very frustrated to an irrational argument; they correct spelling or pronunciation; while driving. They believe they are the only ones who know how they correct details of what happened in the past; they correct to drive correctly.3 (I am so busted on this one!)
22 DSBA Bar Journal | www.dsba.org High-control men and women engage in a series of behaviors belief means you honor and respect yourself. This is where your that frustrate and cause resentment in others and even them- self-worth comes in and you can let go of the need of control.”7 selves while driving. Step 6: Letting Go of Control While Taking Back Your If You, or Someone You Know, Needs to Let Go of Life The Need to Control While you may believe that you can control a lot in your life, the reality is that you really only have control over one thing: Step 1: Be Honest with Yourself and Keep It Real your emotions. Do you really want to behave like a control The first step is to admit to yourself that you need control. freak? Be patient and over time, you may learn which battles Look in the mirror and ask yourself where exactly this emotion you should pick to help you let go of your control of everything is coming from. According to the Huffington Post motivational in order to achieve a healthier, carefree life. keynote speaker Mike Robbins: “With empathy and honesty, take a look at where, how and why you hold on tight to control Step 7: Ground Yourself in Reality in whatever way you do.” 4 Try to find the core reason why you When you are living in the future you are living with a con- need to micromanage every aspect of your life. Is it because trol mindset. You are already attaching yourself to expectations you fear the unknown? Or do you have a lack of trust when it and setting yourself up for disappointments. Focus on ground- comes to your relationship or career. ing yourself. Maybe this means taking a walk in nature, calling a friend, or just getting out of your office. Here are some other Step 2: Let Go of The Need to Control quick tips Stahl suggests to let go of control and be more flexible: Think of how you are being. Before you start to control a ▪▪ Write down a fear list situation, try to envision what would happen if you did not. According to Tiny Buddha 5, we tend to control things to prevent ▪▪ Write down what presence (or being in the moment) anything from going wrong. Question the validity of your fear means to you when you feel like being in control. If you let go of control, will ▪▪ Make a freedom list: Freedom means surrendering. It the future alter in a horrible, negative way? If you answered “no,” means you are at peace with yourself and have trust that then let it go and take charge of your life rather than letting you do not have to control everything. your fears take control of you. It is empowering. While you may believe that you can control a lot in your Step 3: Learn to Live in the Present life, the reality is that you really only have control over your emotions. Remember, the signs of a “control freak” — do you People tend to control things because they are afraid of what really want to be that way? Be patient and over time, you may the future might hold, or they are experiencing flashbacks and learn which battles you should pick to help you let go of your do not want to repeat a past mistake. Focusing on the past and control of everything in order to achieve a healthier, carefree everything that has happened can cause anxiety. Stop worry- life. And, call your confidential, free Delaware Lawyers As- ing about the what ifs and pay attention to the present. The sistance Program (DE-LAP) for more information about this only thing that you really have is right now. When someone topic, or any other matter, that is affecting your quality of life micromanages every aspect of their life, they tend to forget how and/or quality of professionalism. Remember, we do together to live because they have way too many things on their plate. what is often difficult to handle alone. Call (302) 777-0124 Step 4: Learn to Listen and Be Flexible or e-mail [email protected]. You can learn to let go by believing that you are not the only one who knows best. Maybe it is time to not control and listen Notes: 1. “Motivation.” Psychology Today. Accessed February 21, 2018. http://www.psychol- to someone else’s ideas. In fact, being flexible is a key aspect of ogytoday.com/basics/motivation. 2. “Intelligence.” Psychology Today. Accessed February 21, 2018. http://www.psy- learning to have less control over things, and ultimately how chologytoday.com/basics/intelligence. to enjoy life more. According to PsychCentral.com, Sandra 3. “Anger.” Psychology Today. Accessed February 21, 2018. https://psychologytoday. com/basics/anger. Sanger, Ph.D.: “A hallmark of mental health is the ability to 4. Robbins, Mike. “4 Simple Ways to Let Go of Control.” The Huffington Post. Sep- be flexible — in behaviors and responses, and in relationship tember 13, 2010. Accessed February 21, 2018. https://www.huffingtonpost.com/ mike-robbins/let-go-of-control_b_710620.html. to feelings and thoughts. When you need to have control, you 5. “Let Go of Control: How to Learn the Art of Surrender.” Tiny Buddha. April 12, forgo flexibility and place a lower than necessary ceiling on 2017. Accessed February 21, 2018. https://tinybuddha.com/blog/let-go-of-control- how-to-learn-the-art-of-surrender/. 6 your capacity for engaging in and enjoying life.” 6. “The Illusion of Control.” World of Psychology. October 03, 2011. Accessed Febru- ary 21, 2018. https://psychcentral.com/blog/the-illusion-of-control/. Step 5: Learn to Trust 7. Stahl, Lauren. “10 Ways to Let Go of the Need to Control.” The Huffington Post. May 21, 2015. Accessed February 21, 2018. https://www.huffingtonpost.com/lau- To let go of control and be more easygoing, you need to have ren-stahl/10-ways-to-let-go-of-the-need-to-control_b_7305102.html. faith that things will work out. Do not let your fear rule. Fear leads to your spiraling down into worry and stress. According to Carol P. Waldhauser is the Executive Director of the Dela- Huffington Post, founder of SPARKITE and accountability and ware Lawyers Assistance Program and can be reached at empowerment coach Lauren Stahl: “Trust means belief. And [email protected].
DSBA Bar Journal | March 2018 23 BOOK REVIEW
Reviewed by Richard A. Forsten, Esquire
Nullius in Verba (“Nobody Tells Us How to Think”): Free Speech On Campus By Erwin Chemerinsky & Howard Gillman (Yale Univ. Press, 2017) “I Find That Offensive!” By Claire Fox (Biteback Pub., 2016)
ivility seems a forgotten vir- looks at the issue of free speech from a could be expelled (note that neither tue in much of today’s pub- different perspective — how, exactly, author in any way condones the chant lic discourse. When those did so many become so thin-skinned, itself — no person should — but that, expressing a viewpoint with such that demanding silence in the face obviously, is not the point). The profes- Cwhich others disagree attempt to speak, of “offense” has become a stock response sors’ central thesis is “that all ideas and too often, it seems, they are not met to controversial speech? Separately, each views should be able to be expressed on with counter-argument and rational book has good points to make. Together college campuses, no matter how offen- debate, but simply with demands that they complement each other very nicely. sive or how uncomfortable they make they not speak, or with intimidation and Professors Chemerinsky and Gillman people feel[;] [b]ut there are steps that condemnation. Nowhere is this more begin their book with a litany of recent campuses can and should take to create evident than colleges and universities, collegiate instances where students inclusive communities where all students where students often seek to ban unpop- and staff were suspended, expelled or feel protected.” ular speakers and topics, and demand otherwise disciplined for engaging in Over the course of their book, the au- safe spaces where they can congregate free speech — speech which was un- thors provide a concise and well-written free of topics and opinions they deem popular, but speech nonetheless. What history of freedom of speech and the unacceptable. ultimately seems to have prompted the First Amendment, and then go on to Erwin Chemerinsky, Dean and Pro- two professors to write their book is a propose clear and sensible policies that fessor at the University of California growing sentiment among many that would respect the First Amendment and Berkeley School of Law, and Howard racist, homophobic, sexist or otherwise respect the core mission of universities Gillman, Chancellor and Professor at offensive language is simply not pro- and colleges — the advancement of arts the University of California, Irvine, do tected by the First Amendment. When and sciences and ideas. They reject the not like what they see. In Free Speech On the two were co-teaching a seminar on notion that a speaker should be banned Campus, they look at the current state of the First Amendment and described an on the basis of unpopular or offensive affairs on college campuses and argue incident to their class where a university views, and, in support thereof, cite for- for a very strong, robust and permissive expelled certain fraternity members for mer President Barack Obama from his freedom of speech. engaging in a racist rant, the professors 2016 Commencement Speech to the Meanwhile, in “I Find That Offen- were surprised and disappointed that the graduates of Rutgers University: sive,” Claire Fox, the Director of the Brit- class voted unanimously in favor of the I know a couple years ago, folks ish think tank, The Academy of Ideas, university’s position that the students on this campus got upset that Con-
24 DSBA Bar Journal | www.dsba.org already agree, and so respond to opposing viewpoints with mockery and suspicion of ill intent. These are troubling develop- ments. It is not possible for a di- verse, democratic society to survive without some measure of tolerance for opposing viewpoints, respect for people who hold different views, and a willingness to discuss and debate across lines of difference — a bundle of norms and practices that amounts to “hearing the other side.” Ameri- can colleges and universities should be a corrective. They should stand as models for how diverse communities of people work together to address important and difficult questions. Campuses make their strongest contributions to free societies when a lively and diverse campus com- doleezza Rice was supposed to speak don’t know everything. And, you munity shows a genuine desire to at a commencement. Now, I don’t may have a new understanding not engage competing perspectives, think it’s a secret that I disagree only about what your opponents learn from those who have had dif- with many of the foreign policies of believe but maybe what you believe. ferent experiences or hold different Dr. Rice and the previous admin Either way, you win. And more viewpoints, engage and rebut ideas istration. But the notion that this importantly, our democracy wins. harmful or dangerous, and resolve community or the country would Chemerinsky and Gillman title one disagreements through rational be better served by not hearing of their chapters “Nullius in Verba,” argumentation, evidence-based rea- from a former Secretary of State, or which is Latin for “nobody tells us how soning, and the acquisition of new shutting out what she had to say — to think,” and they conclude their excel knowledge. I believe that’s misguided. I don’t lent and balanced work with an exhorta Promoting an inclusive culture think that’s how democracy works tion even more compelling than that of of mutual respect, tolerating diverse best, when we’re not even willing to the former President: and controversial views, and work- listen to each other. I believe that’s A renewed appreciation of the ing through difference by way of misguided. . . . value of free expression is impor- conversation rather than intimida- If you disagree with somebody, tant, not only for life on contem- tion are essential not only to higher bring them in and ask them tough porary college campuses but also education. They are also how free, questions. Hold their feet to the fire. for the future of civic discourse and diverse, democratic societies must Make them defend their positions. democratic practice in the United behave if they are to remain free, If somebody has got a bad or offen States. The worrisome tendencies diverse, and democratic. sive idea, prove it wrong. Engage it. at colleges and universities to pun- The generation now in college Debate it. Stand up for what you ish or silence the expression of ideas will soon be our society’s leaders. believe in. Don’t be scared to take occur amid similar tendencies in The stakes could not be higher as somebody on. Don’t feel like you got the broader political system. Deep, we help them understand why free to shut your ears off because you’re persistent ideological divisions in speech matters, not just on campuses too fragile and somebody might of society are leading many to treat po- but in the world. If we expect them fend your sensibilities. Go at them litical opponents as enemies, shout to fight for these values, we must if they’re not making any sense. Use down critics, and reject compromise. teach them these values. your logic and reason and words. With the collapse of traditional net- But, while Chemerinsky and Gill- And by doing so, you’ll strengthen work news and the rise of “curated” man provide an excellent overview and your own position, and you’ll hone information gathering on cable and defense of free speech in today’s higher your arguments. And maybe you’ll online, it is easier for people to lis- education environment, author Claire learn something and realize you ten only to those with whom they Fox is more interested in the possible
DSBA Bar Journal | March 2018 25 causes of this so-called “snowflake” phe- without her. I was relieved and start- If we let you carry on being preoc- nomenon — and the problem may very ed to reassure her: this wasn’t bully- cupied with such microaggressions well be one of our own making. ing, we all fall out with friends and without a fight, how on earth will Fox identifies several culprits, all trac- it is part of growing up, she would you be able to cope with the very real ing back to a single root issue: a culture of find better friends, etc. However, she macroproblems that your generation over-protection of children that extends indignantly corrected me and quoted will face? If a whole generation lacks adolescence, delays adulthood, and does her school’s anti-bullying policy on the resilience and sense of proportion a poor job of instilling independence “exclusion from friendship groups” to handle the vicissitudes of inter- and resilience in children and young and “exclusion at playtime or from personal interactions and everyday adults. In particular, one of the culprits social events and networks.” life, how will you confront, let alone she identifies is today’s extensive anti- Whatever happened, Fox asks, to the tackle, the huge social challenges bullying campaigns in public schools — old saying “sticks and stones may break of everything from economic crises campaigns which, to the good, seem to my bones…?” She continues: “[h]aving to ISIS terrorism? There is no such have gone a long way towards inculcating been reared into a fear of bullying as chil- thing as a mollycoddled rebel. You a sense of inclusiveness and a sensitivity to dren, we can hardly be surprised that such need to toughen up. hurtful language concerning others, but, fears become a major preoccupation for And, to the “non-snowflakes,” she says: to the bad, may have over-taught their that same generation when they grow up, You need a solidarity that uni- whether on campus or in the workplace.” message. Fox tells the following story: formly upholds free speech for all … [m]y ten-year-old niece came Great Britain, of course, lacks a First It is essential to ensure that our home in tears [one day] and, after Amendment and the broad protections it universal values are not fractured coaxing, told me that she was be- extends. Fox’s book is not a legal analy- by a form of sectarian ghettoization. ing bullied at school. Was she being sis, but a sociological one. Ultimately, So, you will need to be a beacon of beaten up by nasty older kids? Hav- it is a simple plea for greater tolerance. Enlightenment values that fight for ing her dinner money stolen? Her She closes her book with two letters — hearts and minds. This might mean head pushed down the girls’ toilet? one to “snowflakes,” and one to “non- defending the right to be offensive for Eventually she revealed that some of snowflakes.” Each is well done. To the those Western Islamists who endorse her friends had gone to the cinema “snowflakes” she concludes: ISIS an example of your commitment to freedom, while simultaneously THE DELAWARE STATE BAR ASSOCIATION ANNOUNCES THE arguing uncompromisingly against their anti-freedom barbarism. You must be confident enough to separate 2018 POETRY principles and errant practices. Chemerinsky, Gillman, and Fox have provided two takes — one legal, COMPETITION one psychological/sociological — on a DEADLINE MAY 1, 2018 simmering problem. Both books make excellent, pragmatic suggestions on ways The Delaware State Bar Association is pleased to announce the 2018 Poetry to deal with the problem. Whether civility Competition. An impartial panel will pick the three best poems. The winners and tolerance can be restored to public have their poems published in the Bar Journal. You are encouraged to send discourse remains to be seen, but often the in as many entries as you wish, with the following provisions: first step is acknowledging the problem
1. The competition is open to all current Delaware State Bar Association members. and recognizing that it must be dealt with 2. An impartial panel of lawyers will choose the final three winners without knowledge — and deal with it we must. of the identity of the authors. The decisions of the judges are final. 3. Your entry must be previously unpublished and original. Among the criteria considered Richard “Shark” Forsten is a Partner in judging are: style, technique, originality, and creativity. with Saul Ewing Arnstein & Lehr, where 4. Entries must be 40 lines or fewer and must be submitted electronically. he practices in the areas of commercial 5. All entries submitted will become the property of the DSBA. real estate, land use, business transac- 6. The winning entries, if any, will be published in the Bar Journal. The Editorial Board tions, and civil litigation. His first book of the Bar Journal reserves the right to edit submissions and to select no winner and review in the Bar Journal (formerly In to publish no work from among those submitted if the submissions are deemed by the Editorial Board and the judges not to be of notable quality. Re:) appeared twenty years ago in 7. All entries must be received no later than May 1, 2018 in proper form. Submissions March 1998 and since that time he received after that time will not be considered. Please direct all submissions to: Rebecca has reviewed 232 books for the Bar Baird at [email protected] (a confirmation email acknowledging your entry will be sent). Journal. He can be reached at Richard. [email protected]
26 DSBA Bar Journal | www.dsba.org LAW OFFICES Welcomes Our New Partners, Jamie C. King and Christophe Clark Emmert
Jamie C. King, a Delaware native, is a graduate of St. Christophe Clark Emmert is a graduate of Bryn Mawr Andrews School, Middletown, Delaware; Dickinson College College (A.B. in French Literature and History of Art); (B.A., Political Science), Wilmington University (Masters in Wilmington University (MBA in Finance); and Widener Public Administration), and Appalachian School of Law, University School of Law. Her practice is concentrated in the Virginia. Jamie practices primarily out of our Lewes office, but areas of Estate and Trust Planning and Administration, meets clients in all offices, Business Formation and Succession including,Georgetown, Rehoboth, Planning, and Real Estate. Christophe Bethany Beach, and Milford. Jamie’s meets with clients in all of our offices, practice is primarily focused on including Georgetown, Lewes, residential and commercial real estate Rehoboth, Bethany Beach, and transactions. Jamie also represents Milford. She currently serves on the business entities from formation to Board of Directors for the dissolution, collections, and criminal Bethany-Fenwick Area Chamber of defense in the Court of Common Pleas. Commerce and as Treasurer for the Jamie currently serves as the general Terry-Carey American Inn of Court. counsel to the Delaware State Senate Republican Caucus.
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DSBA Bar Journal | March 2018 27 2017 COMBINED CAMPAIGN FOR JUSTICE Contributions Received through February 13, 2018 Thank you to the many contributors and volunteers who gave generously to the 2017 campaign to help ensure access to civil legal aid for the most vulnerable of Delaware’s population. CCJ benefits Community Legal Aid Society, Inc. (CLASI), Delaware Volunteer Legal Services, Inc. (DVLS) and Legal Services Corporation of Delaware, Inc. (LSCD). Total Contributions: $1,466,059
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28 DSBA Bar Journal | www.dsba.org Cover & Rossiter, P.A. Claire Marie DeMatteis Barbara M. James Bindu Palapura Patricia A. Widdoss Ellis & Szabo LLP Christine K. Demsey Clay T. and Ann Z. Jester Jenness Elizabeth Parker Marc Wienkowitz Ferry Joseph, P.A. Christine Di Guglielmo Daniel Paul Johnson Norman L. Pernick Beverly J. Wik Jamestown Hospitality Group, LLC Eugene A. DiPrinzio William D. Johnston Somers S. Price, Jr. Cindy Wilkinson JustLegal, Inc. Jill DiSciullo Francis Pete Jones, Jr. Mark Vincent Purpura David H. Williams Kimmel, Carter, Roman, Peltz & Melissa Ann DiVincenzo Elizabeth Justison Laura Readinger Gregory B. Williams O’Neill, P.A. Keith Donovan Cynthia D. Kaiser Janet E. Reed Jeffrey Wisler Monzack Mersky McLaughlin and Browder, P.A. Eric M. Doroshow Kathi A. Karsnitz Michael K. Reilly Melvyn A. Woloshin Phillips, Goldman McLaughlin & Lawrence S. Drexler Andrew C. Kassner Judith N. Renzulli and Curtis R. William A. Yemc Reitz Hall, P.A. Timothy Ryan and Amy Q. 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Hutz The Honorable Lynne M. Parker Weinig Paige Chapman Matthew F. Davis Kenneth Jackman Sean T. O’Kelly Michael Weiss Clarissa Chenoweth Catherine Dearlove Jack B. Jacobs Matthew J. O’Toole David A. White Christopher Chuff John P. Deckers Henry J. Jaffe Susan F. and Alan Paikin John Whitelaw Ryan Cicoski
DSBA Bar Journal | March 2018 29 Lauren A. Cirrinicione Adam C. Gerber Daniel M. Kristol Michael A. Pedicone Tempe and Ron Steen Michael Clarke Robert G. Gibbs Howard G. Kristol Julie S. Pezzner Haley Stern Miranda D. Clifton John Gilbert Angela Lam Gilberte Pierre Stanford L., III and Nita Stevenson Chrystal Clodomir Edward C. Gill Roger D. Landon Dmitry Pilipis Jay Stirling Diane M. Coffey Adam Gold Jane M. Leamy Richard J.A. Popper Jason Stoehr Howard Cohen Deborah I. Gottschalk Michael M. Ledyard Frank P. Porcelli Ronald L. Stoner Kevin G. Collins John S. Grady Darcy Lee Kristin Potter Benjamin Strauss James P. Collins, Jr. Laura Graham William Swain Lee Benjamin M. Potts Jonathan G. Strauss The Honorable Jay H. Conner James S. Green, Jr. George Thomas Lees, III Norman M. Powell Peter M. Sweeney Anne E. Connolly Donald E. Gregory Hayley Lenahan Elizabeth Powers Robert L. Symonds, Jr. Colm F. Connolly N. Christopher Griffiths Katelyn Lentz Jillian Pratt Cindy Lynn Szabo Carolyn Gates Connors Benjamin Grossberg Jayce Lesniewski Thomas P. Preston Robert and Judith Taggart Kevin J. Connors Victoria Guilfoyle Renee Leverette Tyson Prisbrey Seth Tangman Frederick L. Cottrell, III Eric Hacker Neal J. Levitsky Cynthia H. Pruitt Amy M. Taylor Victoria W. Counihan James J. Haley, Jr. Jaclyn Levy Jaclyn Quinn Elizabeth Taylor Scott Cousins Trisha Williams Hall Kenneth A. Listwak Richard Mark Radel John H., III and Denise Taylor Kristen Healey Cramer Lawrence and Marion Michael J. Logullo Frances S. Ratner Michael W. Teichman Hamermesh Dawn Kurtz Crompton Paul Loughman Anthony Raucci Jeanne M. and Brian Hanson Michael L. Temin Lucinda Cole Cucuzzella Matthew J. Lynch, Jr. Thomas J. Reed Brian J. Hartman Janice R. Tigani Michael J. Custer Sophie Macon Lucinda Reeder Jacob Hasler Bryan Townsend Michele Daly Matthew Majarian Hayley Reese Christine Haynes Lilianna Townsend James Deal Kaitlin Maloney Shane Reil William Anthony Hazeltine In Glen P. Trudel Mary M. MaloneyHuss Meryem Dede Memory of F. Michael Hazeltine Christopher Renaud Francis J. and Ann F. Trzuskowski Megan Trocki Mantzavinos P. Bradford DeLeeuw Kelly Head Richard L. Renck E. Alan Uebler Tyler Marandola Sarah Delia Alexander Heath James Reynolds and Linda Harris Thomas Uebler Jeffrey S. Marlin Reynolds Lauren Deluca Shane Heberling Juliana Van Hoeven Frank Martin Vincent Rice William A. Denman Ellis Herington E. Norman and Susan Veasey Sarah Martin Henry Dupont Ridgely Cynthia L. DePue Thomas Herlihy, III Nicholas Verna Farris Martini William D. Rimmer Donald Detweiler Mary B. Hickok Joseph Viera Ken Massey Julia B. Ripple Donn Devine James Higgins Jennifer C. Voss Daniel Matthews Stephen Ritchie Richard A. DiLiberto, Jr. Adam Hiller In Honor of Wendy K. Voss Andrea Brooks Richard H. May LaKresha S. Roberts Kristin Dipasquo Robert Vrana Beth Hilyard Ian McCauley Vincent George Robertson Allyson Dirocco H. Kemp Vye Neilson C. Himelein and Susan R. Bruce W. McCullough Patrick G. Rock Nicole A. DiSalvo Weimer William C. Wagner, II Patricia McGee Alicia Rodriguez Brenna Dolphin Glenn E. Hitchens William J. Walls, Jr. Megan McGovern Stefania Rosca Melissa N. Donimirski Sheila Hochhauser Megan Rush Walstrom Kimberly McKinnon Harvey Bernard Rubenstein Rex A. Donnelly, IV Victoria J. Hoffman Max B. Walton Edward and Janice McNally Jake Ruddy Koah Doud Tara Hoffner Robert Ward R. Bruce McNew Wali Rushdan W. Harding, Jr. and Margriet K. Chad Holtzman Drane Michael F. McTaggart Jennifer Rutter Laura J. Waterland Joanne L. Horn Julie Dubreuil Sharon Merriman-Nai Zachary Sager Robert A. Weber Janine N. Howard-O’Rangers Mark F. Dunkle Christopher and Amelia Messa Rebecca Salko W. Jeffrey Whittle Antoinette D. Hubbard Philip T. Edwards Joshua Meyeroff Sheldon N. Sandler Lori Will Kelley M. Huff Errol Eisner Evan T. Miller Andrew Sauder Laura and Lincoln Willis James P. Hughes, Jr. Adam R. Elgart Darrell and Evon Minott Rebecca Lee Scalio Andrew Wilson Edmond M. Ianni Brian M. Ellis Michael Mitchell Judith Scarborough Cara Wilson Daniyal Iqbal John Ellis William E. Molchen, II John Schanne Lynn Wilson Kerstin Isaacs Brian Eng John Wyatt Morgan Christine P. Schiltz Richard Wilson Christofer Johnson Sarah Ennis Helga E. Morris Joan Schneikart Mackenzie Windfelder Ericka F. Johnson Sharon M. Eppes Nicholas Mozal Judith A. Schuenemeyer Aleph Ann Woolfolk Carla Jones Marla Eskin Nicole Mozee Scott Schwartz Julie H. Yeager Judith Jones A. Cathryn Evans Audrey Murga Eric A. Schwartzman John Mark Zeberkiewicz Michael B. Joseph Elwyn Evans, Jr. Rebecca Musarra In Memory of Kimberly Schwarz Sharon M. Zieg Meghann Karasic Thomas E. Davis Cara Grisin Fay Kate Sell Ross Karsnitz MaryBeth Musumeci John David Seraydarian Betsy Feldman 2017 Combined Campaign Brian Lucian Kasprzak Michael S. Neiburg David A. Felice Dana Severance Cup Golf and Tennis Outing Ryan Keating Julia Neikirk Stephen Ferguson Douglas A. Shachtman Sponsors The Honorable Charles K. Keil Joseph Neutzling Elizabeth Ferguson In Memory of James P. Sharp Platinum Sponsors Allurie Kephart Ryan Patrick Newell Justice Joseph T. Walsh John R. Sheridan Northwestern Mutual – Shaivlini Khemka David J. Ferry, Jr. Maria Paris Newill Ralph N. Sianni Harry Mentonis Eleanor M. Kiesel Stacy L. Newman GianClaudio Finizio Dennis J. Siebold Ace Sponsors Rosemary K. Killian Jesse Noa Angela Flaherty Russell and Michelle Silberglied Potter Anderson & Corroon LLP Gregory Flasser Morton Richard Kimmel Denise D. Nordheimer Amy Simmerman Putting Contest Sponsor Israel J. Floyd Richard King James Nutter Adam Singer In Memory of Lee C. Veritext Legal Solutionsr Michael J. and Melissa Flynn Andrew Kinsey Kevin A. O’Brien Goldstein Eagle Sponsors Ryan Ford Ilona M. Kirshon Stephanie O’Byrne Christopher J. Sipe Barry M. Klayman Mark D. Olivere Renee Sipple Benesch, Friedlander, Coplan & Stephanie A. Fox Aronoff LLP Keith Kleinman Mark D. Olson S. Michael Sirkin Shannon S. Frazier Dalton & Associates, P.A. Charles S. Knothe Andrew O’Neill Gregory Skolnik Mark Freeman McCarter & English,LLP Glenn and Patricia Kocher Jonathan B. O’Neill Kathleen Duffy Smith William Gamgort Parcels, Inc. Sara Beth Kohut Glenda Oratorio Kody Sparks Sara Gardner Pepper Hamilton LLP Stephen Kraftschik Kyle Gay Samantha Osborne Marc Sposato Casey Kraning-Rush Silver Sponsor Richard S. Gebelein Michelle Ovanesian Daniel Stanek Nicolas Kravitz Barnes & Thornburg LLP The Honorable Melanie L. George Michael Owen John Stant Smith Cherie Krebs Jonathan L. Parshall Alice W. Stark Hole-In-One Sponsor Alyssa Gerace Kenneth T. 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30 DSBA Bar Journal | www.dsba.org Beverage Sponsors Thank you to the cast and crew Kevin Meinhaldt Wilcox & Fetzer, A Next Gen of the DSBA production The Doug Miller Company Public Enemy: Runnin’ Wild! Selena Molina Is there a major milestone Just Legal, Inc. Wendell Banyay Renee Mosley Sue Barnes in your future, or the Birdie Sponsors Jenn Nesci Andrews & Springer LLC Dave Baumberger Lindsay Orr future of your law firm? DLS Discovery David Bever Amy Quinlan Diamond State Financial Group Jeanne Cahill Sherry Roscoe Eckert Seamans Lindsay Chiavaroli Andrea Saatman An anniversary, a Innovincent Mindy Clifton Janine Salomone Morris James LLP Mike Cochran memorial or a celebration? Karine Sarkisian Morris Nichols Arsht & Tunnell, LLP Cathy Cramer Mark S. Vavala Murphy & Landon Erin Della Barca Gail Wagner Consider a tax deductible Parkowski, Guerke & Swayze, P.A. Samuel Dressler Sean Wagner The Yeager Law Firm Val Dunkle gift to the Delaware Bar Tom Walsh Young Conaway Stargatt & Taylor, LLP Sorelis Duran Michelle Webb Foundation Endowment Bronze Sponsors Monnarae Fraim Christie Williams Buchanon Ingersoll & Rooney, P.C. Gabriel Gall Fund, a gift that will continue The Honorable Robert Young Delaware Bar Foundation Jan Glasscock Madeline Young to give to those most in need. Par Sponsor Brad Goewert Sergovic Carmean Weidman Aaron Goldstein McCartney & Owens, P.A.l Debbie Gottschalk Tee Box Sponsors Reneta Green-Street Chris & Bill Sudell Jerry Hager The Law Office of Marc J. Ron Hartnett Wienkowitz Adam Hiller The Law Office of Shauna T. Hagan, LLC Alan Hodesblatt The Honorable Donald F. Parsons, Jr. Mike Hoffman Phillips, Goldman, McLaughlin & Leroy Jett Hall, P.A. Greg Johnson Tactix Real Estate Advisors The Honorable Mary Johnston Gary Junge Melissa Flynn The Honorable Jan Jurden Executive Director Erica Koran Phone: (302) 658-0773 Victoria Lodge www.delawarebarfoundation.org The Honorable James McGiffin
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DSBA Bar Journal | March 2018 31 Report: 2018 Mid-Year Meeting of the ABA House of Delegates
By William D. Johnston, Esquire
he 2018 Mid-year Meeting of the American Bar Association’s House of and adopt policies regarding the use Delegates took place February 5 in Vancouver, British Columbia, Canada. of solitary confinement for detainees As always, it was a pleasure to return to Canada for an ABA meeting — (108A); celebrating the relationship that U.S. lawyers and judges have with their ▪▪ Urging legislatures to enact legisla- Tcounterparts to the North, and taking in the richly diverse city of Vancouver. tion creating a substantive right and procedures for individuals to challenge The Delaware Delegation Office (“USPTO”) to adopt rules or their convictions by demonstrating The Delaware Delegation to the enact legislation to establish an eviden- that forensic evidence or testimony House of Delegates, the principal policy- tiary privilege applicable only to clients used to obtain their conviction has making body of the ABA, again included of patent agents who are registered subsequently been undermined or The Honorable William C. Carpenter, Jr., with the USPTO (101A); discredited (108B); member of the ABA Board of Governors; ▪▪ Supporting efforts in Congress and ▪▪ Urging the Department of Justice Ben Strauss, DSBA Bar Delegate; Mary federal courts to allow the filing of a to restore prosecutorial discretion in I. Akhimien, DSBA Young Lawyer Del- copyright infringement action once a choosing the charges to pursue and to egate; and yours truly, State Delegate. proper application for registration of reserve mandatory minimum sentenc- a copyright has been delivered to the ing to only the most serious drug traf- Remarks from ABA Officers Copyright Office (101B); fickers and prohibit its use to secure and Others ▪▪ Granting accreditation to the Pri- plea agreements (108C); Throughout the session of the House, vacy Law program of the International ▪▪ Urging courts to extend Batson we heard from ABA officers and others. Association of Privacy Professionals of v. Kentucky, 476 U.S. 79 (1986), to Speakers included Chair of the House Portsmouth, New Hampshire for a five- prohibit discrimination against jurors of Delegates Deborah-Enix Ross, ABA year term as a designated specialty cer- on the basis of sexual orientation or President Hilarie Bass, ABA Treasurer tification program for lawyers (103A); gender identity/expression (108D); Michelle Behnke, ABA Secretary Mary ▪ Smith, ABA President-Elect Nominee ▪ Urging Congress and the Social ▪▪ Urging Congress to enact legis- Judy Perry Martinez, and Executive Security Administration to strengthen lation protecting Deferred Action Director Jack Rives. Also addressing the the safeguards and protections for all for Childhood Arrivals (“DACA”) individuals receiving benefits via the House was The Honorable Maureen recipients and other undocumented representative payee program (104); O’Connor, Chief Justice of the Ohio immigrants who were brought to the Supreme Court and President of the ▪▪ Urging stakeholders, where appro- United States as children and who Conference of Chief Justices. priate, to consider the recommenda- meet age, residency, educational, and tions set out in the report, The Path other qualifications as set forth by the Resolutions Adopted by the to Lawyer Well-Being: Practical Recom- U.S. Citizenship and Immigration House mendations for Positive Change, by Service (“DREAMers”) (108E); The House adopted the following the National Task Force on Lawyer ▪▪ Urging Congress to approve appro- resolutions (with numbers as indicated), Well-Being (105); priations necessary to enable the Li- and in so doing articulated as ABA policy ▪▪ Urging Congress and the President brary of Congress to adequately staff, the substance of each resolution: to re-authorize, raise the appropriation maintain, modernize, and enhance its ▪▪ Encouraging law firms to develop level of, and fully fund the Legal As- services, collections, facilities, digital initiatives to provide women lawyers sistance for Victims Grant Program of projects and outreach efforts (109); with opportunities to gain trial and the Violence Against Women Act, 34 ▪▪ Adopting the Model Provisions on courtroom experience (10A); U.S.C. § 20121 (106); Electronic Commerce for International ▪▪ Urging federal courts, Congress ▪▪ Urging legislative bodies and Trade Agreements, dated February and the U.S. Patent and Trademark governmental agencies to enact laws 2018, and recommending the Model
32 DSBA Bar Journal | www.dsba.org Provisions as a template for interna- court contexts to address the special tor to utilize General Comment No. tional trade agreements (110); needs of youth and young adults ex- 21 to develop comprehensive, long- ▪▪ Without taking a position support- periencing homelessness (113); term strategies to realize the rights ing or opposing the death penalty, urg- ▪▪ Urging governments to provide of children living in street situations ing each death penalty jurisdiction not legal counsel as a matter of right at (301); and to execute or sentence to death anyone public expense to low-income persons ▪▪ Urging all employers and specifi- who was 21 years-old or younger at the in all proceedings that may result in cally all employers in the legal profes- time of the offense (111); a loss of physical liberty, regardless sion to adopt and enforce policies and ▪▪ Approving the Uniform Directed of whether the proceedings are: a) procedures prohibiting harassment Trust Act, promulgated by the Na- criminal or civil; or b) initiated or and retaliation based on gender, gen- tional Conference of Commissioners prosecuted by a government entity der identity, and sexual orientation on Uniform State Laws (Uniform (114); (302). Law Commission), as an appropriate ▪▪ Urging Congress to repeal Section For a detailed description of each res- Act for those states desiring to adopt 641 of the National Defense Autho- olution, please see www.americanbar.org. the specific substantive law suggested rization Act for Fiscal Year 2017, as The practical effect of the House of therein (112B); codified at 10 U.S.C. § 1408 (a)(4) Delegates adopting policy, as outlined ▪▪ Approving the Uniform Guard- (115C); above, is that elected officers of the As- ianship, Conservatorship, and Other ▪▪ Supporting an interpretation of sociation staff, and volunteer leaders are Protective Arrangements Act, promul- Title VII of the Civil Rights Act of then authorized to advocate those policy gated by the National Conference of 1964 that defines sex discrimination positions — whether with legislators, Commissioners on Uniform State by covered employers to include dis- courts, or others. This, importantly, Laws (Uniform Law Commission), as crimination on the basis of sexual ori- can translate into grassroots advocacy an appropriate Act for those states de- entation and gender identity (116A); in Washington (such as the annual ABA siring to adopt the specific substantive ▪▪ Urging Congress to enact legisla- Day on Capitol Hill) and in state legis- law suggested therein (112C); tion overruling Middlesex County latures to urge, for example, increased ▪▪ Approving the Uniform Parentage Sewerage Auth. v. Nat’l Sea Clammers funding of legal services for the poor. Act (2017), promulgated by the Na- Ass’n, 453U.S. 1 (1981) and support- Membership tional Conference of Commissioners ing legislation enabling plaintiffs to As I have encouraged previously in on Uniform State Laws (Uniform bring constitutional claims in lieu of offering this Report, if you are not cur- Law Commission), as an appropriate a statutory cause of action based upon rently a member of the ABA, please join! Act for those states desiring to adopt environmental harm due to govern- ABA membership delivers real value, the specific substantive law suggested mental acts or omissions (116B); therein (112D); complementing your DSBA membership ▪▪ Urging governments and rel- with numerous opportunities. Please let ▪▪ Approving the Uniform Protected evant private entities to recognize me or any other member of the Delaware Series Act, promulgated by the Na- that transmission of the human im- Delegation know if you would like to tional Conference of Commissioners munodeficiency virus (HIV), which discuss any or all of these opportunities on Uniform State Laws (Uniform causes Acquired Immune Deficiency — whether you are or are not currently Law Commission), as an appropriate Syndrome (AIDS), is driven by certain a member of the ABA. Act for those states desiring to adopt “social determinants of health” that It continues to be my privilege and the specific substantive law suggested law can address, including, among pleasure to serve as State Delegate to the therein (112E); others, poverty, stigma, discrimina- ABA House of Delegates. The House will tion, and racism; housing, food, and ▪▪ Approving the Uniform Regula- next meet August 6 and 7 in Chicago, transportation insecurity; over- crimi- tion of Virtual-Currency Businesses during the ABA Annual Meeting. If you nalization of HIV non-disclosure; and Act, promulgated by the National have questions or comments at any time, misinformation about HIV transmis- Conference of Commissioners on please let me know at wjohnston@ycst. Uniform State Laws (Uniform Law sion risk (300); com or (302) 571-6679. Commission), as an appropriate Act ▪▪ Endorsing General Comment No. for those states desiring to adopt the Bill Johnston is a partner with Young 21 on Children in Street Situations Conaway Stargatt & Taylor, LLP. He is a specific substantive law suggested which was issued in June 2017 by the Past President of the Delaware State Bar therein (112F); United Nations Committee on the Association, serves in the ABA House ▪▪ Supporting the development of Rights of the Child, and urging U.S. of Delegates as State Delegate from integrated, systemic approaches within and international governments, the Delaware, and is Immediate Past Chair administrative, civil and criminal legal community, and the private sec- of the ABA Business Law Section.
DSBA Bar Journal | March 2018 33 The 2018 Blue-Gold High School All-Star Basketball Games By Lawrance Spiller Kimmel, Esquire Chairman, Blue-Gold Board of Trustees
he 20th annual Blue-Gold school students will volunteer their time beginning at 6:00 p.m. Between 500-600 High School All-Star Boys’ and talents. More than 100 college coaches people will attend the annual Banquet and Girls’ Basketball Games have been invited to attend this classic highlighted by spectacular trophies for the will take place at the University event in which another capacity crowd is student athletes. Tof Delaware in the Bob Carpenter Center anticipated. This year, at the conclusion of Please join us at one or all of the on Saturday, March 17, 2018, beginning the Girls’ Game, the finalist of the first- events. Legal financial support plays a at 1:30 p.m. The beneficiary of these ever “Dribble, Drive, Shoot” will compete huge role in the success of the Games Games is Best Buddies, Delaware, a chari- at the halftime for a signed Joel Embiid and Best Buddies, Delaware’s continu- table foundation designed by Anthony jersey or a signed Elena Delle Donne jersey. ing need to assist children and adults Kennedy Shriver to benefit children with Thereafter, the Boys’ Game begins at 4:00 with disabilities. Ticket information is disabilities. Best Buddies facilitates peer p.m. During halftime of the Boys’ Game, available for the Games and Banquet relationships between people with and there is a spectacular slam dunk contest. at [email protected]. If you without intellectual and development dis- The Blue-Gold Basketball Games on cannot attend but would like to make a abilities. These programs are conducted March 17 are the highlight of a week-long contribution or volunteer at one of the through Delaware middle schools, high schedule of events for the student athletes events please call Tom Waite, the State schools, and several Universities. and children from Best Buddies. These Director of Best Buddies, Delaware at In efforts to do more fundraising for Blue-Gold student athletes have been (302) 691-3187. Best Buddies of Delaware, Attorney Mort selected by their coaches during the latter Kimmel developed a basketball oriented part of February 2018. This honor and skills competition. Mr. Kimmel coined the week-long celebration create memories the competition “Dribble, Drive, Shoot,” that will last a lifetime. Even the Blue- where contestants must successfully Gold practices at Wesley College and the S A V E make one lay-up, one foul shot, and one Sanford School are spiced with sage advice three-pointer under a one minute time from different guest speakers, including cap. There were nine different venues Superior Court Judge Jane Brady and spread throughout the State of Delaware. former Family Court Judge Bill Chapman, T H E Wilmington Police Chief Robert Tracy on “life after sports.” along with the new recruits of the 98th On March 14, 2018, the student Precinct, volunteered to assure safety athletes will travel to Dover for a full DATE during the basketball contest. With the day of festivities kicked off by Judge Jef- help of the Board of Trustees, local law frey Clark discussing procedures of the enforcement, and volunteers, we were able Superior Court and providing a tour of to have a successful first-ever “Dribble, the Kent County holding cells. Lunch BENCH Drive, Shoot” competition. at Christ’s Church of Dover will follow, The Blue-Gold Board of Trustees com- with guest speaker Patricia Dailey Lewis, prises prominent citizens from Delaware, the Executive Director of the Beau Biden Foundation. The student athletes will then & BAR including former Vice President Joseph R. Biden, Jr., Governor John Carney, At- introduce themselves during a live session CONFERENCE torney General Matt Denn, among many in the House of Representatives at Legis- more. In addition, substantial support lative Hall. The day concludes with Gov- for the Games comes from the Delaware ernor Carney speaking with the students JUNE 15, 2018 legal community. Furthermore, over 200 and taking individual photos with them. WILMINGTON, DE police officers, high school coaches, local Del Tech South is the site of the business people, and college and high Banquet on Thursday, March 15, 2018,
34 DSBA Bar Journal | www.dsba.org
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DSBA Bar Journal | March 2018 35 BULLETIN BOARD DISCIPLINARY ACTIONS
TRANSFER TO ACTIVE STATUS POSITIONS AVAILABLE TITLE COMPANY, practicing in Delaware for more than 10 years, is Supreme Court No. 86, 2018 seeking a Delaware Barred Attorney Effective Date: February 22, 2018 PERSONAL INJURY ASSOCIATE: to help us grow and expand our By Order dated February 22, 2018, Baird Mandalas Brockstedt, LLC seeks a Delaware business. Recent Bar Ad- the Delaware Supreme Court transferred PI associate for its Lewes, Delaware office. mits and Candidates are welcome to Christopher D. Tease, Esquire to ac- Requirements: 5+ years PI experience apply. Please reply directly via email tive status, pursuant to Rule 19 of the handling cases from intake through trial, to [email protected]. Delaware Lawyers’ Rules of Disciplinary including distribution and lien resolution. Procedure, subject to conditions. Competitive salary and excellent benefits. CHIMICLES & TIKELLIS LLP is a Send cover letter, resume, and references class action law firm with a national prac- to [email protected]. tice representing plaintiffs in consumer protection, healthcare, investor fraud and LITIGATION ASSOCIATE: Baird shareholder rights litigation. We offer the BULLETIN BOARD Mandalas Brockstedt, LLC is seeking a opportunity for motivated individuals to Delaware barred Litigation associate to get involved in challenging, complex, and ADVERTISING INFORMATION join its Wilmington, Dover, or Lewes of- often high-profile litigation. Our mid-size fice. 1-3 years of litigation and courtroom firm offers strong compensation and great Bulletin board rates are $50 for the experience required. Competitive sal- quality of life. C&T is currently seeking first 25 words, $1 each additional ary and excellent benefits. For inquiries, an Associate with 1 to 4 years of experi- word. Additional features may be please send your cover letter, resume, and ence for its Wilmington, DE office. Class added to any Bulletin Board ad references to [email protected]. action, consumer fraud, and/or securities for $10 per feature. litigation experience is preferred, but not JACOBS & CRUMPLAR P.A. is required. Qualified candidates should seeking a Delaware licensed attorney The deadline to place a Bulletin possess strong academic credentials (top who is committed to protecting the Board ad is the 15th of the month 1/4 ranking preferred), and excellent legal rights of the injured and abused. Appli- prior to the month of publication. research and writing skills. Clerkship or cants should possess 3-4 years of civil journal experience is strongly preferred. litigation experience. Experience in Interested, qualified candidates should All Bulletin Board ads must personal injury and workers compensa- submit a cover letter, resume, and tran- be received electronically and tion is a plus. Please send cover letter script to [email protected]. prepayment is required. and resume to Jacobs & Crumplar, P.A. c/o Gina Smith, Office Manager, at [email protected]. OFFICE SPACE Submit the text of the Bulletin Board ad and payment to OFFICE FOR RENT: 600 sq. ft. plus WANTED: Motivated experienced at- [email protected]. For more use of conference room, reception. torney for busy personal injury firm in Kirkwood Highway & Limestone area. information, contact Rebecca Wilmington with exceptional opportu- Contact Leo Boyle (302) 994-1300 or Baird at (302) 658-5279. nity for income sharing. Fax confidential [email protected] resume to (302) 656-9344. BERGER HARRIS LLP is seeking an Don’t let this happen to your life and career. attorney with 2-5 years’ experience to Reach out to DE-LAP for help before you become a trainwreck or before you join its corporate transactional group. are contacted by ODC. Confidential, free help is a call away at (302) 777-0124 or All candidates must have superior e-mail [email protected]. academic credentials, a strong work ethic plus a commitment to professional development, strong oral and written communications skills, and prior expe- rience as a transactional attorney. Can- didates should submit a confidential resume to [email protected].
36 DSBA Bar Journal | www.dsba.org NOTICE TO ALL OF OUR FRIENDS Creative INVOLVED WITH THE DELAWARE LEGAL PROFESSION CornerTo celebrate the Philadelphia Eagle’s first Super Bowl victory, I composed Walter L. Pepperman ll (admitted 1967) and T. Ann Wilkes Pepperman a sonnet. While my iambic pentam- announce their final retirement to Cherokee Foothills Farm, 165 Old eter focuses on foods and drinks, not Melvin Hill Road, Campobello, SC 29322, where they are living happily field goals and downs, it pays tribute ever after with their two Alaskan Malamutes (Silver & Midnight) and to our wonderful neighbor, the city their three horses (Zellie, Loulie & Rebel). that is The Cradle of Liberty.
Sonnet 9 O City of Brotherly Love NOTICE Samuel Spiller Law Practice Files Great food resides just up the road a piece / Begin at Beau All files for the law practice of Samuel Spiller will be destroyed Monde for a crêpe Suzette / Or after August 1, 2018. Any former client of Samuel Spiller maybe try a salty one with Suisse wishing his or her files should proceed to the website below / Then cross 6th Street to Bistrot and follow the instructions posted there. Requests processed La Minette. through the website are the only means of making a request This French bistro serves up the for file. Website: www.Spillerfiles.com best foie gras / You must visit the markets on 9th Street / Italian vendors make you ooh and aah / TO: TIMOTHY ERIC SAMPLE Find olives, peppers, cheese, figs, In Re: C.J.S. No. 2017-9128 and cured meat. A Petition has been filed by the Bucks County Children and Youth Social Noord eetcafé has excellent Services Agency to Involuntarily Terminate your Parental Rights with re- gravlax / And Tria boasts bub- spect to the child C.J.S. A Hearing on the Petition has been fixed for10:00 blies from France and Spain / The a.m., March 27, 2018 in Courtroom 260 of the Bucks County Justice oysters on Sansom knock off your Center, 100 N. Main Street, Doylestown, Pennsylvania. Should you wish to socks / Amada is tapas so there’s defend this Petition, you should take this Notice to your lawyer at once. If no main. you do not have a lawyer or cannot afford one, call the Bucks County Bar Association at 215-348-9413. Foodies love Philly for drink, meal, or snack / And here’s to Foles our Take notice of an option that may be available to you to have Post-Adop- team’s great Quarterback. tion contact with your birth child pursuant to Act 101 of 2010. Under the law, it is possible for a written agreement for continuing contact entered into voluntarily by a birth parent, birth relative, adoptive parent(s) and Susan E. Poppiti is a children age 12 or older to be enforced by the Court. Such contact may regular contributer to the Judicial Palate and a math- take different forms. To consider this option you must immediately con- ematics teacher and director tact Brenna Bunting, your caseworker from the Bucks County Children and of the legal shadowing pro- Youth Social Services Agency at 215-348-6900. gram at Padua Academy High School and managing member and cooking BRAD M. JACKMAN, ESQ. instructor for La Cucina di Poppiti, Attorney for Petitioner LLC and can be reached at spoppiti@ JACKMAN LAW hotmail.com. Recipes and cooking tips 107 N. Broad Street are available on Susan’s food blog at Doylestown, PA 18901 www.cucinadipoppiti.com. 215.348.1511
DSBA Bar Journal | March 2018 37 THE judicialP Guest Columnist: Mark S. Vavala,a lEsquireate Del Pez Authentic Mexican Cuisine Right Down the Street
ecember 17, 2017 was the 30th anniversary of the day My daughter and wife had fish tacos, one of seven types of I met my saint of a wife and we decided to go out to tacos offered on the dinner menu which included shrimp, chicken, D dinner to celebrate. Unlike 30 years ago, when we had salmon, steak, pork, and pork belly tacos. Normally, I do not like our first meal together at Constantinou’s on Delaware Avenue, fish tacos because I believe very strongly that putting fish in a we brought our entourage — our two local daughters and our taco shell or soft tortilla is an offense against nature. Everyone daughter’s boyfriend. We chose Del Pez Mexican Gastropub knows that beef or chicken are the only meats allowed. But, the in Wilmington, near the Riverfront and Penn Cinema theatres. flaky beer-battered mahi mahi made me definitely want to taste The choice of restaurant is always a point of contention. My them, had any been left for me to taste. My other daughter chose wife is half-Mexican and our kids are a quarter-Mexican, which the traditional beef enchilada because she understands the rules means they really, really like Mexican food. For me, nothing about what belongs in a tortilla. There is something very comfort- soothes my need to binge like Italian food. But, on this special ing about the mix of beef, cheddar cheese, red beans, and rice night, I felt it was appropriate to eat at Del Pez, mostly to make which absolutely satisfied. Her boyfriend selected the Chipotle up for the thirty years of suffering that I had inflicted on this Chicken Pasta which actually made me a little angry. Don’t get lovely woman. It was a decision I did not regret. me wrong, my dinner was delicious, but his dinner was abundant. He had a healthy portion of Farfalle (bow ties) which are very Del Pez possesses an authentic Mexican charm, although it likely the type of pasta that God ate as a child. As I watched him was dimly lit such that I used my phone flashlight to read the devour his chicken, pasta, peas, asparagus, parmesan, onions, menu. The rustic tables have high benches open on both ends so and poblano peppers, with me still nibbling on what was left of servers can bring your food and refill your water without leaning my ribs, I could only make a mental note that maybe picking the across you or asking you to pass something. There are also tables first thing I see on a menu is not necessarily the best method of with chairs and a private back room for larger parties. The music, dinner selection. playing just loud enough to hear, but not so loud it precluded conversation, was a playlist that all of us enjoyed. But, while the The final meal at our table was the Del Pez Chicken and ambiance is nice, it is the food which will make you want to return. Shrimp, which my wife ordered after much consternation and internal debate. She normally orders something with mole sauce, As always, we began with guacamole. Del Pez offers five but Del Pez did not offer an entrée with that sauce. I am sure different guacamoles: the house guacamole, the Diablo (serrano I will offend someone, but chocolate does not belong on meat, peppers and lump crab meat), the Cabra (garlic and goat cheese), it belongs with peanut butter. Despite her disappointment in the Granada (mango and pomegranate) and the Sol (sun-dried not being able to cover her chicken with chocolate, she was tomatoes, pine nuts and basil). We stuck with the traditional absolutely happy with her meal choice. The chicken and shrimp house guacamole which was a perfect avocado and garlic blend, were cooked to perfection, but it was the homemade corncake chunky but not too chunky, and served with hot (which they call side which melted in her mouth in all its buttery goodness. Our “warm”) tortilla chips. daughter confirmed that the corncake was “authentic.” Selecting from the menu is easy for me. I look down the list of We have been to Del Pez a few times and have never been entrees, see one that will make me happy, select it, and close my disappointed with the atmosphere, the music, the service, or the menu. Then, I usually stare at my family who, for some reason, food. I can remember another Mexican restaurant on 9th Street do not think they will ever be permitted to eat in a restaurant years ago which offered the typical fare of tacos, quesadillas, again and must select that perfect meal. I chose the Del Pez and burritos smothered in cheese and served with tons of rice braised short ribs, a food which always surprises me when it and beans. While there is a time and place for eating that type comes on the plate because I am expecting something else. But, of Mexican food, Del Pez offers something a bit more refined nonetheless, these little nubs of meat were delicious, as well as and nuanced. Next, I am planning to go for lunch. my new vegetable addiction — Brussels sprouts. Completing my
dish were golden mashed potatoes which were good, but not a Del Pez, 400 Justison St, Wilmington, DE (locations in Wilmington istockphoto.com/© Nadzeya_Dzivakova favorite food since an unfortunate incident when I was 13 and and Newark). Website: www.delpezmexicanpub.com/wilmington/ that’s all we’ll say about that. Phone: (302) 691.7974.
38 DSBA Bar Journal | www.dsba.org
is pleased to announce KEITH E. DONOVAN has been elected Managing Partner as of January 1, 2018
Mr. Donovan, who has served on the firm’s executive committee for the past nine years, moves into the position as David H. Williams steps down from this role after fourteen years of service. Mr. Donovan will work closely with the Executive Director, Practice Group Leaders, Marketing Director, and other committees within the Firm that impact client service, administration, growth and integrity of the firm, and professional development.
Mr. Donovan commented, “I am excited to take on the role of Managing Partner and I appreciate the confidence my partners have placed in me to serve in this leadership capacity. Dave Williams and I have been working closely together to prepare for the transition and I am thankful to have such an experienced, capable partner as a continuing resource.”
Mr. Donovan has 27 years of experience in personal injury related matters. He is a past board member and president of the Delaware Trial Lawyers Association. Mr. Donovan served as president of the Delaware Chapter of the American Board of Trial Advocates and currently serves as ABOTA’s treasurer. He also served as a Board Member of the Delaware Board of Bar Examiners and as the Civil Liaison for the Superior Court of Kent County. Mr. Donovan is a member of the Delaware State Bar Association, American Bar Association, and American Association for Justice.
He can be reached at [email protected] or 302.678.4371.
Morris James LLP l 500 Delaware Avenue l Wilmington l Delaware 19801 l www.morrisjames.com l 302.888.6800