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Upcoming CLE Seminars P. 8 the Combined Campaign for Justice Donor List Nominations Sought for Bench and Bar Award

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Upcoming CLE Seminars P. 8 the Combined Campaign for Justice Donor List Nominations Sought for Bench and Bar Award MARCH 2014 NUMBER 8 MARCH 2014 | Volume 37 • Number 8 Upcoming CLE Seminars P. 8 The Combined Campaign for Justice Donor List P. 18 Nominations Sought for Bench and Bar Award P. 33 The 2014 Delaware Legal Directory The Delaware State Bar Association Delaware Legal Directory is the only comprehensive up-to-date listing of all Delaware attorneys and judges, including address, telephone number, fax number, and e-mail address. The Delaware Legal Directory also contains contact information for the Delaware Court System and related offices frequently contacted by legal professionals. Comprehensive Listings Extensive References • Entries for over 4,500 Delaware attorneys & judges • Listing of Delaware firms with names of • Names, addresses, phone and fax numbers every partner and associate • E-mail addresses • Law-related organizations and programs • Photographs • Courts and government • Supreme Court ID Numbers • DSBA information and contact persons • Year admitted to the Delaware Bar Convenient Format Member Benefit • Easy to use 5.5” x 8.5” wirebound book • Every member of the Association receives one free copy. • Tabbed, labeled dividers • For additional copies, please see order form below. 2014 Delaware Legal Directory Order Form Please fill out all information. Incomplete order forms will delay processing. Name: _______________________________________________________ Bar ID: ___________________________________ Firm: _______________________________________________________ Phone: ____________________________________ Address: ______________________________________________________________________________________________ DSBA MEMBERS AND THEIR STAFF: QUANTITY TOTAL • NEW copy ........................................................................................._______x $40.00 each $_______ SUBTOTAL: $_______ NONMEMBERS: QUANTITY TOTAL • NEW copy ....................................................................................______x $99.00 each $_______ SUBTOTAL: $_______ SHIPPING: please ship order (add shipping charges) order will be picked up (no charges apply) • $10.00 1st copy, $4.00 each add’l copy.................................................................SHIPPING TOTAL: $_______ ORDER TOTAL: $_______________ CHECK (MADE PAYABLE TO DSBA) OR CREDIT CARD AUTHORIZATION MUST BE ENCLOSED WITH ORDER FORM. MasterCard Visa Amex Discover Card #_________________________________________ Billing Zip Code: ___________ Signature: ____________________________________________________ (Required for credit card purchases) Expiration Date : ______________ 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 DSbA Bar Journal MARCH 2014 | Volume 37 • Number 8 PRESIDENT Gregory Brian Williams EXECUTIVE DIRECTOR Rina Marks EDITORIAL BOARD David W. deBruin Michael L. Sensor Seth L. Thompson FEATURES EXECUTIVE COMMITTEE LIAISON Richard A. Forsten 14 Cyber Attacks: A Clear and Present Danger PUBLICATIONS EDITOR By Kurt E. Taylor Rebecca Baird PUBLICATIONS ASSISTANTS 16 Disclosures in Chief Justice Veasey's Report Signal the End of Janice Myrick Improper Campaign Financing Practices Susan Simmons By Victor F. Battaglia Sr., Esquire The Bar Journal is published and distributed by the Delaware State Bar Association 18 2013 Combined Campaign for Justice Donor List 405 North King Street, Suite 100 Wilmington, DE 19801 21 The 2014 Blue-Gold High School All-Star Basketball Games 302-658-5279 By Lawrance Spiller Kimmel, Esquire FAX: 302-658-5212 www.dsba.org 30 Report: 2014 Mid-Year Meeting of the ABA House of Delegates By William D. Johnston, Esquire © Copyright 2014 by the Delaware State Bar Association. All Rights Reserved. 33 Nominations Sought for Bench & Bar Award The Bar Journal is the independent journal of the Delaware State Bar Association. It is a forum for the free expression of ideas on the law, the legal profession and the administration of justice. It may publish ColumNS articles representing unpopular and controversial points of view. Publishing and editorial decisions are based on the 4 President's Corner quality of writing, the timeliness of the article, and the potential interest to readers, 6 Editor’s Perspective and all articles are subject to limitations of good taste. In every instance, the views 10 Tips on Technology expressed are those of the authors, and 12 Ethically Speaking no endorsement of those views should be Access to Justice Spotlight inferred, unless specifically identified as the 22 policy of the Delaware State Bar Association. 24 DE-LAP Zone The Bar Journal published monthly with a combined July/August issue. 26 Book Review All correspondence regarding circulation, 28 A Profile in Balance subscriptions, or editorial matters should be 38 Judicial Palate mailed to: Editor, DSBA Bar Journal Delaware State Bar Association 405 North King Street, Suite 100 Wilmington, DE 19801 DepArtmeNtS or e-mailed to: [email protected] All inquiries regarding advertising should 2 2014 Legal Directory Order Form be directed to the address above, Attention: Advertising, Bar Journal. 8 Calendar of Events Letters to the Editor should pertain to recent 9 Section & Committee Meetings articles, columns, or other letters. Unsigned letters are not published. All letters are 23 Of Note subject to editing. Send letters to the address above, Attention: Editor, Bar Journal. 35 Disciplinary Actions 36 Bulletin Board 37 In Memoriam Cover Photo Credit: © istockphoto.com/lutavia DSBA Bar Journal | March 2014 3 preSiDeNt'S CorNer By Gregory B. Williams, Esquire Is Delaware’s Cash Cow Evaporating? Gambling Revenues and Their Importance to Delaware’s State Budget Historical Perspective – The dollar the casinos win in slots, the state of just $13,000 in 2013, significantly Boom Years and the Beginning gets 43.5 cents. down from $4.8 million in 2012. of the Decline During the financial boon period for In a January 31, 2014 article that ap- For over a decade from the early to the gambling industry in Delaware, the peared in The News Journal titled “Casino mid-1990s to around 2007, Delaware en- state’s three casinos — Dover Downs, earnings: Delaware’s budget cash cow is joyed the financial boost of being the only Delaware Park and Harrington Race- drying up,” Dennis McGlynn, President state in the region — outside of New Jersey way — saw their revenues and market and CEO of Dover Downs Gaming and — to have legalized slots and other forms shares steadily increase and the three Entertainment and Dover Motorsports of gambling. In 2012, gambling revenue casinos became significant employers Inc., said the earnings drop was caused by contributed about $193 million to the state in the state providing about 3,000 jobs an increase in competition and dispropor- budget. In other words, in 2012, revenue combined. Dover Downs, Delaware’s tionate tax rates and validates long-held from gambling accounted for more than 7 largest casino, alone employed about concerns by casinos that Delaware has not percent of Delaware’s general fund budget 898 full-time workers and 391 part-time kept up with a rapidly changing casino making it the state’s fourth largest revenue workers, making it one of the largest industry. Mr. McGlynn said “I think the stream. Surprisingly, the revenue from employers in Kent County. numbers validate the story we’ve been tell- gambling was a higher percentage of the Before the opening of the first casino ing everyone basically, and most particu- state’s general fund budget than the rev- in Pennsylvania in 2007 and the opening larly those who do control our destiny. enue received from the corporate income of the first casino in Maryland in 2010, It does not take a rocket scientist to figure and gross receipts tax. Dover Downs built its business model out what next year is going to look like.” Before the recession and prior to fierce on attracting gamblers from other states. Casino operators are urging Delaware competition from other states, there In its 2011 annual report, Dover Downs legislators to return the financial arrange- appeared to be a win-win arrangement reported that 42 percent of its winnings ment between the state and the casinos to for the state and the casino operators in came from Maryland residents and the pre-2009 rate. However, most legisla- Delaware. Video lottery games, which in- almost two-thirds of the revenue from tors and experts that have commented to clude slots, were by far the largest revenue its high-spending players came from date do not believe the state can afford generator for casinos and the state. Prior out of state. to return to such tax levels on gambling to 2009, the state collected around 34 However, with ever-increasing compe- revenues. percent of the revenue generated from the tition from new casinos in Pennsylvania Delaware’s Legislative video lottery games. The state’s share of and Maryland, Delaware’s gambling the revenue was later boosted by lawmak- industry has shown signs of decline over Reactions to Increased ers to 38 percent and currently the state’s the past few years. For example, Dover Competition from Other States share is 43.5 percent, making it among Downs reported revenues of $197.2 mil- for Gambling Revenues the highest gambling taxes on casinos in lion as of December 31, 2013, down from After new casinos in Pennsylvania the nation. In other words, out of every $225.9 million in 2012, and net earnings and Maryland began to attract gam- 4 DSBA Bar Journal | www.dsba.org blers, who once
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