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The Monthly Newspaper of the Philadelphia Bar Association Vol. 37, No. 11 November 2008 Candidates Forum Set for Nov. 12

The Elections Committee will hold a forum for candidates seeking Bar offices on Wednesday, Nov. 12. The candidates for Bar Association offices include Vice Chancellor, Rudolph Garcia; Secretary, Kathleen D. Wilkinson; Assistant Secretary, Sophia Lee; Treasurer, Jeffrey M. Lindy; and Assistant Treasurer, Joseph A. Prim Jr. The following candi- dates are running for three-year terms on the Board of Governors. Danielle Banks, Jeffrey Campolongo, Phyllis Horn Epstein, Regina Foley, Michael Shaffer, Ahmeenah Young (above, from left), Tara Weiner and Nina M. Gussack participate in the panel discussion at the Oct. 20 Sean Sullivan and Stacey Tees. A total of Quarterly Meeting. The panel also included (below) Dr. Arlene Ackerman and was moderated by Mary Stoker Smith. five new members will be elected to the Board of Governors in the Monday, Dec. 8 election. Women Leaders: More Work to Do The Candidates Forum begins at 12 p.m. in the 11th floor Conference Center n By Jeff Lyons of Bar Association headquarters, 1101 Market St. Four powerful female executives from across phila- Ballots will be mailed to regular, voting delphia gathered to talk about the challenges facing women in continued on page 19 business at the Association’s Oct. 20 Quarterly Meeting. The speakers included Dr. Arlene Ackerman, CEO/super- intendent, School District of Philadelphia; Nina M. Gussack, In This Issue chair, executive committee, Pepper Hamilton LLP; Tara Weiner, 3 Diversity Award managing partner, Greater Philadelphia Region, Deloitte LLP; and Ahmeenah Young, president and CEO, Pennsylvania Con- 5 Casino Controversy vention Center Authority. The panel was moderated by CBS3 weekend anchor Mary Stoker Smith. 7 First Impressions Weiner talked about the number of board spots held by Photos by Jeff Lyons women, noting that for the last few years, roughly 9 percent of that we need,” she said. 8 Directory Update those spots were held by women. “Even under accounting rules, Ackerman said she can’t separate the issue of race from the dis- 12 Family Fall Festival less than 20 percent ownership is insignificant. Twenty to 50 cussion. “The two go hand in hand. I’m trying to break through percent is significant influence. Greater than 50 percent is con- several glass ceilings. My father used to say that success comes 16 Big Brothers trol. It means you have seats at the table, but not enough to have from having the opportunity and being prepared. I spent a lot of structural change and shift that might really be the breakthrough continued on page 13

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2 Philadelphia Bar Reporter November 2008 philadelphiabar.org Frontline Never Thought I’d See This

Editor-in-Chief Sunah Park, Esq. Happen in My Lifetime Editor Emeritus Bruce H. Bikin, Esq. By the time you read this column, compared to our parents By A. Michael Pratt is still rare to see women Associate Editors this long presidential election season and grandparents, we and, especially, people of Heather J. Holloway, Esq. may finally be over. And no matter what knew we were reaching color in large numbers at Asima Panigrahi, Esq. the outcome, I believe that the historic new heights. But we also the top of organizations. Kathryn C. Harr, Esq. nature of this election will have far-flung, knew that society would So to see three major Ria C. Momblanco, Esq. profound and long-lasting implications continue to impose contenders for president Regina Parker, Esq. for gender and race relations across our limits due to our race and vice president of the Raymond M. Williams, Esq. nation. and gender. United States break the Contributing Editor The mere fact that a woman was the As a black man, I’ve race and gender barrier Richard Max Bockol, Esq. primary contender and came closing to had a different experi- – well, it’s a shattering of

Advisory Editors winning the nomination for one party, ence of and different major proportions. Molly Peckman, Esq. that another woman was selected as the expectations of America, In fact, this year’s Marc W. Reuben, Esq. vice presidential candidate for another and it does impact my election has done more party, and that a person of color actually worldview. And I think that many people than break glass ceilings; hopefully, it Director of Communications won the Democratic Party nomination of color across America share this view. has brought down walls around all of us. and Marketing for president (and may actually win elec- This was powerfully demonstrated Now a new generation of youth, no mat- Martha Phan tion as president of the United States) on Oct. 20, when four dynamic female ter what their race or gender, can to dare Senior Managing Editor marks a unique and historic moment in executives spoke during a panel discussion to dream and aspire to the highest offices Jeff Lyons America. at the Philadelphia Bar Association’s quar- of our land. And we now have more hope Executive Director For me, it even beats the landing on terly meeting. As Dr. Arlene Ackerman, that discrimination on the basis of sexual Kenneth Shear the moon. CEO and superintendent of the School orientation, religion and other “isms” will In all candor, I never thought I would District of Philadelphia, pointed out, less more easily fall by the wayside, as well. The Philadelphia Bar Reporter (ISSN 1098- see this in my lifetime. Truly. Although I than 10 percent of the 15,000 superin- For if anything, this election showcases 5352) is published monthly and available by am an African-American who navigates a tendents across America are women, six America’s true potential as a democracy. subscription for $45 per year by the Philadel- phia Bar Association, 1101 Market St., 11th predominantly white professional world, percent are African-American, and only We have finally moved beyond rhetoric floor, Philadelphia, Pa. 19107-2911. Periodicals I honestly admit that I didn’t believe four percent (including Dr. Ackerman) and are displaying a democracy that lives postage paid at Philadelphia, Pa. POSTMAS- TER: Send address changes to Philadelphia America was ready to elect a woman or a are black women. Ahmeenah Young, out the true meaning of the words “We Bar Reporter, c/o Philadelphia Bar Association, person of color as president. Perhaps that’s president and CEO of the Pennsylvania the People.” 1101 Market St., 11th floor, Philadelphia, Pa. a purely racial perspective, as nearly all my Convention Center Authority, is one of I also believe that this election marks a 19107-2955. Telephone: (215) 238-6300. As- sociation Web site: philadelphiabar.org. News- black friends concur, while some of my only two black females out of 379 tour- pivotal turning point in our history that paper e-mail address: [email protected]. white friends don’t seem as surprised. ism leaders across the nation. advances the interests of all Americans The editorial and other views expressed in the As most African-Americans my age It’s not just race; it’s also gender. and moves us forward in a more positive, Philadelphia Bar Reporter are not necessar- ily those of the Association, its officers or its would probably agree, we never believed Consider that Nina Gussack is the only inclusive and diverse way. We must be members. Advertising rates and information the “you can be anything you want to female chair of a major law firm, Pepper vigilant to never go backward, and we are available from Howard Hyatt at MediaTwo, 1014 W. 36th St., Baltimore, MD, 21211. Tele- be” speech presented to us as bright Hamilton LLP, in Philadelphia. must continue our forward momentum. phone: (410) 902-5797. young children. We knew better. Sure, No matter what the field or industry, it continued on page 9 Page 1 skyline photo by Edward Savaria, Jr./PCVB

Tell Us Nominees Sought for Chancellor’s Diversity Award What You Think! Nominees are being sought for the inaugural Chancellor’s Diversity Award. Visit philadelphiabar.org to down- load nomination materials for the The Philadelphia Bar Reporter The award will recognize a law firm, legal welcomes letters to the editors for WebCheck Chancellor’s Diversity Award. publication. Letters should be typed. organization or individual who has made There is no word limit, but editors a substantial contribution to diversity and reserve the right to condense for inclusion in the legal field. Nominations sion in the field. However, nominations ment of Diversity Principles. clarity, style and space considerations. for the award will be accepted from any will be accepted for a single outstanding If the nomination is for an individual, Letters must be signed to verify member of the Philadelphia Bar Associa- contribution. that person must demonstrate a sustained authorship, but names will be withheld tion and must be submitted by Friday, If the nomination is for a law firm, law commitment to the tenets of diversity upon request. Letters may be mailed, Nov. 14. school or organization, may include an through activities that should support the faxed or e-mailed to: Jeff Lyons, Senior Potential awardees may be an indi- outstanding or innovative programmatic areas of commitment to diversity men- Managing Editor, Philadelphia Bar Reporter, Philadelphia Bar Association, vidual attorney, law firm of any size, legal activity that has highlighted diversity, tioned in the Philadelphia Bar Associa- 1101 Market St., 11th floor, Philadel- services organization or law school. The increased diverse representation or sup- tion’s Statement of Diversity Principles. phia, Pa. 19107-2955. Phone: (215) nominee must reside in Philadelphia. ported inclusion efforts in the legal field. For more information about the Chan- 238-6345. Fax: (215) 238-1159. E-mail: Nominees should demonstrate a sus- These activities should support the areas cellor’s Diversity Award, contact Dr. Sean reporter@ philabar.org. tained and continuous appreciation of of commitment to diversity mentioned in Kathleen Lincoln at (215) 238-6340. and contribution to diversity and inclu- the Philadelphia Bar Association’s State- philadelphiabar.org November 2008 Philadelphia Bar Reporter 3 STATE CIVIL LITIGATION SECTION Greenspan Talks About Transition to Supreme Court n By Raymond M. Williams A key difference role in this tradition. according to Justice She would like to see Pennsylvania Supreme Court Justice Greenspan between Podcast this rule changed. Jane Cutler Greenspan believes that the Pennsylvania Spotlight Justice Greenspan Keep in mind having served as a trial court judge before Supreme Court emphasized it is Visit philadelphiabar.org to listen to “that we see ourselves becoming a Supreme Court justice allows today and in 1973 is the podcast from this program. extremely difficult her to bring a unique perspective to the the level of prepara- to get a petition for as a policy court, not court with respect to how litigants view tion of the justices allocatur granted. an error-correcting their cases legally and practically. for argument. She believes they are able In 2007, only 106 of the 2,434 petitions Justice Greenspan spoke to the State to be much more prepared today because filed were granted. As such, Justice Green- court. Civil Litigation Section at its Oct. 1 of the decreased caseload before the court. span recommended that litigants always ” Quarterly Meeting. While the court had direct appeal juris- move for re-argument in the Superior Appointed by Gov. Edward G. Ren- diction for all homicide and trusts and and Commonwealth Courts first before dell, Justice Greenspan began her term on estates cases in the past, that is no longer considering allocatur. She noted that the Pennsylvania Supreme Court on July true today. And because of the allocatur although the relevant statute says alloca- 2. Her term will last for approximately 18 process, the justices know what is coming tur may be granted by two justices, the months, expiring on Jan. 4, 2010. Justice and can prepare in such a way that they court’s internal operating procedures say tion occur in Philadelphia, then they Greenspan is not new to the court, as she have a great familiarity with the cases even at least three justices are required. More- should think again,” said Justice Green- clerked for Justice Robert N.C. Nix Jr. for before arguments begin. For litigants, this over, Justice Greenspan advised to “keep span. While 1,079 allocatur filings came two years beginning in 1973. Following means there is no need to start at square in mind that we see ourselves as a policy from the Harrisburg office in 2007, only her clerkship, Justice Greenspan was an one. court, not an error-correcting court.” The 626 and 729 came from the Pittsburgh assistant district attorney in Philadelphia Why doesn’t the court allow rebuttal? court seeks to consider policy issues that and Philadelphia offices, respectively. for 11 years. In 1987, Justice Greenspan “You got me,” answered Justice Green- are applicable to the whole common- was appointed to the Court of Common span. She suspects that the justices’ famil- wealth, not just the litigants before it. Raymond M. Williams, a partner with DLA Pleas of Philadelphia by Gov. Robert P. iarity with the cases and the lack of time And, “[i]f anyone thinks that all the Piper, is an associate editor of the Philadelphia Casey. constraints imposed on arguments play a problems in the area of too much litiga- Bar Reporter.

4 Philadelphia Bar Reporter November 2008 philadelphiabar.org family law section E-Mail Security Key to Maintaining Privilege n By Julia Swain a secure method to ensure privacy. can also be used as document to track Clients should minimize the number evidence to dem- all of the edits made Maintaining e-mail security is crit- of their e-mail accounts since having too onstrate an expecta- Podcast to the text; or better ical to protect attorney-client privilege, many accounts often means less security. tion of privacy so Spotlight yet, send in PDF attorney Joel Bernbaum told members They should be made aware that deleting as to bar the use of format. He also Visit philadelphiabar.org to listen to of the Family Law Section at an Oct. 6 an e-mail from their computer may not improperly obtained reminded attorneys the podcast from this program. program on e-mail, the Internet and fam- actually delete all copies of the e-mail, e-mail or to demon- to be cautious in us- ily law. particularly if the account has been set strate that the client ing the “cc” or “bcc” Bernbaum explained that e-mail up to archive e-mails. E-mails deleted did not waive any recognized privilege. functions because the attorney-client should be treated as any other important on a computer may be retrieved. The Clients should be advised that in- privilege could be waived if the e-mail is paper document intended to be preserved deleted e-mail is not actually erased when tercepting private, protected e-mail is a also sent to a third party in addition to and used for litigation. one clicks on the delete function, it is criminal offense, and that they should not your client. During the initial client interview it is just removed from your inbox. E-mail purposely retrieve e-mails transmitted to Counsel and litigants should be mind- important to ask about e-mail accounts, retrieval programs can extract deleted their spouse’s personal account. Keylog- ful of how easily e-mailed documents can both private and work related, password e-mail so long as the e-mail data has not ging, used to capture and record key be forwarded, copied, or extracted, and protections; and, to identify who has been overwritten. Clients should be aware strokes by a person using the computer, that special precautions must be taken access to the client’s e-mail accounts or that electronic data can be retrieved from is illegal. Evidence obtained improperly to preserve the integrity of the attorney- to the storage devices where e-mails are home computers and portable drives. may be inadmissible, and again, could client privilege. With law firms and courts archived, such as the computer’s hard E-mails may be stored by the account subject your client to criminal charges. heading towards a paperless environment, drive, a portable flashcard, a backup provider, allowing any family member to Clients should also be advised that courts attorneys should implement procedures drive, or even a third party data archiving access the e-mail account. For attorney- will usually find that e-mails transmit- to safeguard their electronic data and the company. Clients should be advised to client communication, it is important ted from an employer’s account have no data of their clients. change their passwords, or better yet, for your client to acquire a new e-mail privacy protection. change their e-mail provider. Setting up account to ensure that one’s spouse or Bernbaum recommended that when Julia Swain, an associate with Fox Rothschild a new account with providers such as a child does not access your account. communicating with your client or with LLP, is a member of the executive committee of Yahoo (ymail.com), Google (gmail.com) Passwords can be changed regularly to counsel an attached document should be the Family Law Section. and Microsoft (hotmail.com) is free, and enhance security. Making these changes saved in a format that allows the revised young lawyers division Wish you had someone to help resolve client YLD Panel Revisits social services issues? Casino Controversy You’re probably an expert in a number of fields—but case management may not gaming or not,” King explained, the be one of them. That’s why Intervention n By Kathryn C. Harr Pennsylvania Race Horse Development Associates is here. Since 1986 we’ve and Gaming Act, or Act 71, “started with been serving older adults, the chronically From its inception, the Pennsyl- good intentions” to revitalize the state’s mentally ill, and physically disabled adults vania Gaming Board and the casino dying horse racing industry. Gov. Ren- licenses that followed have engendered dell expanded the reach of the idea as part and children by assisting with: tremendous controversy in Philadelphia, of plan to increase state revenues. • Assessments as discussed at a panel hosted by the The way in which the Act was created, • Crisis Intervention Young Lawyers’ Division on Oct. 17. however, sparked controversy, along with • Home or Facility Care Moderated by James J. Eisenhower, many of its requirements. • Information/Referrals a partner at Schnader Harrison Segal & “This was a resounding failure of • Advocacy Lewis LLP, the panel included Adrian democracy just in the way it was created R. King Jr., a partner at Ballard Spahr and passed,” Ruben argued, noting that Andrews and Ingersoll and former deputy it was passed at 3 a.m. on the morning chief of staff to Gov. Rendell; Matt Ru- of July 5 and is comprised of a 145-page ben, co-founder of Casino-Free Philadel- amendment to a 33-line bill. Further, phia; James Leonard, Chief Deputy City there was little to no opportunity for Solicitor to the economic investments meaningful public input about the legisla- 1777 Sentry Parkway West, Suite 210 Dublin Hall Blue Bell, PA 19422 unit of the City of Philadelphia Law tion or the license applications, according (610) 254-9001 • 1-800-254-9708 Department; and Andrew Ross, Chief to several members of the panel. Deputy City Solicitor for Housing and Including a slots-only plan for casinos Code Enforcement. was more about political strategy, King “If you can get past any initial deci- noted, with the idea that later, the bill www.interventionassociates.org sion in your mind whether you support continued on page 18 philadelphiabar.org November 2008 Philadelphia Bar Reporter 5 office for diversity Panel: Business Development Opportunities Everywhere Everyone a lawyer encounters is a potential client, a group of veteran attorneys said at the inaugural Chancel- Podcast lor’s Diversity Training Series program Spotlight on Oct. 7. Panelists for the program on business Visit philadelphiabar.org to listen to the podcast of this program. development included Christopher A. Lewis, Blank Rome LLP; Charisse R. Lillie, Comcast Corporation; Chuck can be taken to move from practicing law Polin, The Training Resource Group; in the public sphere to a private firm. Bernard W. Smalley of Anapol, Schwartz, • Life at a Mid-Size Firm, Tuesday, Photo by Jeff Lyons Dec. 16, from 4 to 6 p.m. Weiss, Cohan, Feldman & Smalley, P.C.; Chancellor A. Michael Pratt (center) is joined by panelists (from left) Christo- Learn about and Joan Stern of Blank Rome LLP. The pher A. Lewis, Charisse R. Lillie, Joan Stern and Chuck Polin. Bernard W. Smal- working at mid-size firms. Of particular program was moderated by Chancellor A. ley (not pictured) also served as a panelist. interest are the benefits of mid-size firms, Michael Pratt. as well as how mid-size firms contribute Lewis likened developing a client ment was very helpful. The Association Learn about the legal and other profes- to an attorney’s growth and development relationship to a marriage. “It’s not about brought together a phenomenal group sional skills and abilities needed, as well in the legal profession. what they can do for you; it’s about what of accomplished panelists and having the as the practical steps that can be taken, to All workshops will be held in the 11th you can do for them. It’s about staying opportunity to meet them and hear about advance to the partnership level. floor Conference Center of Bar Associa- in touch … the more you give, the more their experiences in a small group setting • Transitioning from Government tion headquarters, 1101 Market St. Bar you receive.” Lewis also emphasized that was invaluable,” said Fabiana Pierre- to Private Practice, Thursday, Nov. 20, Association membership is not required it was important to maintain those rela- Louis, an associate with Montgomery, from 5 to 7 p.m. Information about legal and there is no cost to attend. A light tionships that already exist. McCracken, Walker & Rhoads, LLP. and other professional skills and abilities snack and beverages will be served as part The panelists agreed that relationship The Diversity Training Series will needed, as well as the practical steps that of the events. development and maintenance was an continue through mid-December with extremely important part of business the following programs: To register for any of these work- development. • Navigating the Partnership Track, WebCheck shops, visit philadelphiabar.org “The workshop on business develop- Thursday, Nov. 6 from 4 to 6 p.m.

6 Philadelphia Bar Reporter November 2008 philadelphiabar.org appellate courts committee Supreme Court’s New Session Previewed that the death penalty search and seizure guidance. However, dicta from many n By Heather J. Holloway is not favored, na- issues, including decisions provides guidance on how to tionally. Rehearing Podcast questions regarding avoid unjust application and confusing Predicting decisions from the U.S. was sought, in part, Spotlight the generally accepted interpretation of disputed laws. Supreme Court is a difficult task, two because both the rule that allows a A pro-business trend was also identi- city attorneys told members of the Ap- litigants and the court Visit philadelphiabar.org to listen to vehicle search when fied by Istvan. Decisions pre-empting the podcast of this program. pellate Courts Committee at an Oct. 15 failed to consider the occupant is ar- state laws have allowed a more uniform meeting looking ahead to the court’s new the recently enacted rested. The arrest of system of regulation of businesses. A session. Military Justice Act that allows the death an individual outside of his car, however, pro-business position is also apparent Thomas W. Dolgenos, chief of the penalty for some rapes perpetrated by presents the question of whether the from the court’s recent maritime decision, District Attorney’s Federal Litigation military personnel. The request was police can search a vehicle when they are reducing a multi-million dollar punitive Department, described the court as denied. In another case, after issuing a in no danger and there is no evidence of damage award to mirror the significantly interesting but hard to predict. He said temporary stay of execution to consider an additional crime. Finally, the court will smaller compensatory damage award. A Justice Anthony Kennedy is the center of the petition, the court refused to stay the examine the exclusionary rule and the na- footnote in the admiralty law decision a 4-4 justice split; however, there are not execution of a death row inmate who ture of mistakes made by court personnel suggests that the 1-to-1 ratio between many recent 5-4 criminal decisions. Jane produced evidence that seven of nine wit- and possibly by police, that will require compensatory and punitive damage L. Istvan, a senior attorney in the City of nesses recanted their testimony. The court evidence to be excluded. awards may also apply to constitutional Philadelphia Law Department’s Appellate left the issue of guilt or innocence for the Istvan discussed civil litigation trends, claims. However, Istvan noted the court’s Unit, said there are more 5-4 splits in civil states to decide. including the court’s rejection of facial apparent plaintiff-friendly position in decisions. Discovery issues are also being con- challenges to abortion and voter registra- recent employment law cases that may Dolgenos discussed death penalty, sidered by the court. On issues involv- tion laws. The court has rejected facial continue in the next term when the court Guantanamo Bay, and search and seizure ing Guantanamo Bay detainees, the challenges as premature, refusing to is also expected to issue decisions related cases. Recently, the court decided that court requires a fair adversarial process, decide hypothetical, worst-case scenarios. to free speech claims. lethal injection does not violate the including a fair discovery process. In such Instead the court requires evidence that Eighth Amendment. The court has also cases, the court has endorsed a practical disputed laws will be unjustly applied. Heather J. Holloway, an associate with Thorp refused to allow the death penalty in child test, requiring consideration of whether Litigants argue that facial challenges avoid Reed & Armstrong, LLP, is an associate editor rape cases, finding that evolving standards there is jurisdiction and what kinds of delay and allow the court to provide of the Philadelphia Bar Reporter. of decency prohibit execution for crimes procedures, when taken away, constitute that do not result in death. The court ap- a suspension of the writ. During the next st * plied a consensus method and concluded term, the court is also expected to address 1 DEPO = 1 MONTBLANC PEN solo and small firm committee You Book First Impressions Key The Depo, to Distinguishing Yourself We’ll Bring general likeability factor. “Your image n By Asima Panigrahi opens the door to opportunity and then your skill set takes you to the next level.” The key to dressing for success She said there is a certain expectation The Sword is figuring out what you want to say to the way attorneys should dress. If you through how you look, an image consul- take time and put effort into yourself and ...well, not exactly, but the pen is mightier than tant told members of the Solo and Small the details of how you dress, your client the sword, especially when it comes to litigation! Firm Committee on Oct. 3. will also think that you will spend that Megan Kristel of Kristel Closets, Inc., much time on them. Kristel also noted Take your first deposition with Bell Reporting and conducts workshops for employers on that projecting yourself is related to own- we’ll hand deliver a Montblanc pen to your firm. dress codes and forming a company’s ing your own confidence, something that image, and also does image consulting for can be done through clothes and styling. (215) 236 - DEPO individuals. Kristel also discussed factors to Kristel noted that an initial impres- consider when getting your company Philadelphia, PA New York, NY sion is made within the first three to 30 headshot taken. Women should always seconds of meeting someone and “we wear makeup since the lighting will bring Baltimore, MD Washington, DC need to figure out a way to distinguish out imperfections, and men who are ourselves from the person sitting next to not opposed should consider it as well. www.BellReporting.com us…who can do the same thing that we Also, since the photo will only be from We Never Take Your Business For Granted! *Deposition must be booked 7 business days in advance, at least 3 hours long, and booked before 6/1/09; attorney must be do.” She also noted that personal image the neck up, you should also wear the available to personally receive the pen on behalf of the firm; transcript charge must be paid in full. Limit one pen per client. This promotion is an ethical “giveaway” as Bell’s rates are “reasonable” and in fact are among the lowest in the Philadelphia area. We goes beyond age and education and is right amount of accessories and make simply choose to return profits back to our clients (see Rules 1.5 and 1.7 of Pennsylvania’s Rules of Professional Conduct). Instead more about socioeconomics and your continued on page 9 of receiving the pen, Bell will gladly make a monetary donation to a cause of your choice in your firm's name. philadelphiabar.org November 2008 Philadelphia Bar Reporter 7 health care law committee Internet Search Success Depends on Engine

gov” at the end of your search term(s), he searching by inserting + immediately n By Regina Parker said. before a term (no space) to limit search yourself Giancaterino encouraged people to to documents containing a term; and Do not limit The Internet is full of information use at least two different search engines. searching by inserting – immediately to one search engine waiting to be discovered. The conven- Do not limit yourself to one because each before a term (no space) to exclude docu- because each engine ience and effectiveness of the search engine may provide different results. He ments containing a term. experience depends on the use of the recommended Google because it has one Giancaterino further explained that may provide different right search engine, Dan Giancaterino, of the largest databases of Web pages. He there are many useful government search results. Internet librarian at Jenkins Law Library, explained that Google engines available told members of the Health Care Law attaches more weight online. For instance, Committee on Oct. 2. to the first word in a Podcast you can explore the He explained that there are many search. Giancaterino unannotated version search engines designed to assist with also recommended Spotlight of the United States navigating the Web and locating informa- search.yahoo.com, Visit philadelphiabar.org to listen to Code by going to Pennsylvania Bulletin. Another rich site tion that is stored on other sites. which is similar to the podcast from this meeting. uscode.house.gov. is Thomas.loc.gov, which is named after You must select the best search Google. Gigablast. This free site comes Thomas Jefferson. This site allows you to engine for your particular need. If for com is another excellent search engine, through the House of Representatives check the status of a bill and includes sen- example, you are searching the Centers which allows you to search multiple Web and has a great search engine. USA.gov ate reports, votes, testimony, conferences for Medicare and Medicaid Services Web sites simultaneously. Another beneficial is another site that is useful if you are and other reports. Most of these links are site, www.cms.hhs.gov, Gianceterino search engine is dogpile.com, which al- looking for statistical information. This available through jenkinslaw.org. Jenkins explained that rather than rely solely on lows you to search the search engines and site collects statistical pages from various Law Library has more than 1,000 legisla- the CMS search engine, you could also retrieve results by relevance or separate government agencies. Other useful sites tive histories going back to the 1830s, use Google, Yahoo or any other search source engine. are GPOaccess.gov or the legal informa- Giancaterino said. engine to obtain additional information Search engines allow you to use com- tion institute at Cornell that is one of the related to your query. Google, is capable mon search techniques such as: phrase best legal sites on the Web. Also, PaCode. Regina Parker, an associate with Mattioni, of extracting information from the CMS searching by enclosing terms in double com allows you to search the Penn- Ltd., is an associate editor of the Philadelphia website, simply by adding “site:cms.hhs. quotes; searching with capitalized OR; sylvania Administrative Code and the Bar Reporter. Update Information for Legal Directory; Make Sure Your Professional Announcements Order Early for Pre-Publication Discount Are As Professional As You Are! Listings updates for Th e Le g a l Di r - government agencies; an index of judges; ectory 2009 are now under way! Act a special section devoted to corporate promptly to ensure that your current counsel; alternative dispute resolution contact information is correct in the resources; and a business-to-business most comprehensive resource covering section specially tailored to the legal com- the Philadelphia-area legal community. munity. The Philadelphia Bar Firm updates, the first step in the Once again, each copy of The Legal Reporter reaches over annual process, must be completed by Directory 2009 will include free access Friday, Nov. 21. If you are responsible to The Legal Directory Online (good 3.5 times as many for updates at your firm, and have not through March 31, 2010). professionals within the received your update packet, please The Legal Directory 2009 will be avail- greater Philadelphia call 443-909-7843. Once firm updates able in early April, but you can order are completed, solo practitioners and now to take advantage of the discounted Announcements honoring new partners, legal community as any any firm-based attorneys who have not pre-publication price of $59.95 (plus promotions, and accomplishments are other legal publication. responded will be contacted; the deadline shipping and tax), which is good through some of your firm’s most important And PBR’s one-month for their updates is Monday, Jan. 12. April 1. public relations tools. shelf life means your The Legal Directory 2009 features Don’t be confused by imitators – this hundreds of new listings, part of the most is the only official publication of the important message won’t complete database of metro area firms Philadelphia Bar Association. If you have Shouldn’t your next important wind up in the trash on and attorneys available. It also includes questions about The Legal Directory 2009, announcement run in the the same day it appears! the indispensable information you’ve or concerning the annual update process, come to rely on – Bar Association bylaws, e-mail [email protected] or publication of record for the contacts and committees; information call 443-909-7843. Philadelphia legal community? on federal, state and county courts and The Monthly Newspaper of the Philadelphia Bar Association

For more information please contact Howard Hyatt To update your information for The Legal Directory 2009, visit at (410) 902-5797 or [email protected] WebCheck thelegaldirectory.org.

8 Philadelphia Bar Reporter November 2008 philadelphiabar.org FEDERAL COURTS COMMITTEE Court Touts Latest Technological Advances

notations on exhibits or videos being dis- n By Ria C. Momblanco played on the document/video presenta- tion system; and a document camera that Diversity Reception The U.S. District Court for the transmits the image of paper documents, Eastern District of Pennsylvania, which x-rays, negatives, transparencies, and 3-D introduced the use of electronic equip- objects to the judge’s, litigants’ and jurors’ ment in the courtroom as early as June of monitors. 1995, has long been on the forefront of Perhaps the most interesting techno- courtroom technology. As a result of the logical development thus far involves the district court’s pioneering efforts, nine court’s participation in the Digital Audio district judge courtrooms, as well as three File Electronic Access Pilot Program. The magistrate judge courtrooms, are now court is one of five district courts selected equipped with state-of-the-art technolo- to participate in the pilot program which gies that will aid in expediting the litiga- will enable PACER users to download, tion process and will result in substantial in MP3 format, court proceedings that cost savings. have been recorded using a digital audio At the Oct. 14 meeting of the Federal recording system. Access to the digital au- U.S. District Court Chief Judge Harvey Bartle III (from left), U.S. Court Courts Committee, U.S. District Court dio files will cost a mere 16 cents; 8 cents of Appeals Chief Judge Anthony J. Scirica, Federal Courts Committee Diversity Subcommittee Chair Kenya Mann and Federal Courts Commit- Judge Lawrence Stengel, U.S. Magistrate for accessing the docket, plus another 8 tee Charles S. Marion gather at the Committee’s Oct. 16 reception at the Judge Elizabeth Hey, Clerk of Court cents for selecting the audio file. Downtown Club. More than 50 judges and committee members attended. Michael Kunz, and the district court’s According to the panelists, making Electronic Sound Recording Coordinator use of all that new courtroom technol- Michael Hearn, described and com- ogy has to offer does make a difference in be spent passing a document through cases, it has established the Plaintiffs’ mented on the court’s latest technological presenting a case at trial. In their experi- the jury box. Instead, a litigant can ask Employment Panel and the Prisoner Civil developments. ence, juries appear to be very receptive the judge to permit the document to be Rights Panel. The panels are comprised The court’s relatively new technology to presentations done with the new published to the jury, and the judge will of volunteer attorneys who have agreed includes a digital audio recording system technology. For example, Judge Stengel be able to send an image of the document to represent plaintiffs in employment that creates a searchable audio recording has seen instances when litigators have to the jury members’ monitors with the or prisoner civil rights actions by court of the official court record; a language very effectively presented inconsistent press of a button. appointment. Judge McLaughlin encour- interpreting system that uses wireless statements by playing back videotapes After the panel discussion on technolo- aged all Philadelphia attorneys to join one headphone technology to permit jurors and asking jurors to observe the in- gy, Judge Mary McLaughlin discussed the of the panels. and litigants to listen to a simultaneous consistent statements on their personal district court’s pro bono panels. The court interpretation of court proceedings; a video monitors. In addition, using the receives hundreds of pro se civil rights Ria C. Momblanco, an associate with Fine, touch-screen annotation system, which new technology makes certain processes cases every year, and in order to deal with Kaplan and Black, R.P.C., is an associate edi- allows counsel and witnesses to make an- more efficient. Time no longer needs to the special challenges presented by these tor of the Philadelphia Bar Reporter.

Image them changed every two years. While vintage items Frontline continued from page 7 may be okay at times, 90 percent of them will look continued from page 3 outdated and are inappropriate. Kristel also noted that you should not wear red or Yes, I know this election exposed some rather ugly, and not sure that you smile. There is a big misperception that yellow when meeting with international clients, and always subtle, racist and sexist attitudes. However, notwithstand- you should look serious in a headshot. “While you that men should avoid pink and yellow, as these colors ing the fact that there will continue to be lingering racism and do not want to look like you just got done laughing, can be deemed feminine. When in doubt as to color, sexism in our society, this election is a major step forward for you want to be approachable” because this will add it is better to err on the side of caution and stick with America and for our standing around the world. to your likeability factor. Even though your picture conservative colors such as black, brown and navy. For the first time in our nation’s history, the world can see is just being displayed on a Web When it comes to your clients that race and gender is no longer a barrier to the highest levels of site, people will still respond to and how they should dress for social, educational and economic attainment in America. you. You want your clients and court, even thought they may not I have always loved my country, but right now, I am particu- business partners to feel that they Podcast need to always wear a suit, make larly proud to be an American. Proud to be part of a democracy can relate to you. Spotlight sure that they are “being the best that displays both its imperfections and beauty so relentlessly. So the key is dressing appro- Visit philadelphiabar.org to listen to version of who they are.” Proud to be a patriot in a country that represents all of its vastly priately, but also to be relatable. the podcast from this meeting. She said it does not matter how varied citizens. Proud to be part of a nation that has both the If your clothes are well-tailored, much you spend on clothes, but strength to live its ideals and amend its ways as needed. ironed and/or pressed, you will tailoring is the most important Today, I am proud to say that I can honestly look my children come across detail oriented, but not necessarily like thing. Also things such as the décor of your office as and grandchildren in the eyes and say, “You can be anything you you cannot be touched. Kristel noted that while image well as how your receptionist is dressed are also impor- want to be one day, even president of the United States.” And can vary based on context, there are also universal tips tant because they represents the sort of experience that now we all can believe it. to keep in mind – do not wear scuffed shoes, keep your clients are going to have there. your nails clean, match your shoes and belt, pay atten- A. Michael Pratt, a partner at Pepper Hamilton LLP, is Chancellor of tion to accessories, have an organized wallet, do not Asima Panigrahi, an associate with White and Williams the Philadelphia Bar Association. His e-mail address is chancellor@ wear outdated clothes, and if you wear eyeglasses, have LLP, is an associate editor of the Philadelphia Bar Reporter. philabar.org. philadelphiabar.org November 2008 Philadelphia Bar Reporter 9 Bar Foundation Article Neglects to Mention Pro Bono Work

Back in April, Ph i l a d e lp h i a magazine much larger than the By Elaine Rinaldi of one of this coun- ation conference session assisting walk-in wrote a scathing article called the “The sum of its parts.” try’s groundbreaking clients or get more extensive training to Last Days of the Philadelphia Lawyer” Sullivan, who co- programs to deal with help clients in mortgage foreclosure litiga- declaring that the practice of law in Phil- chairs the Delivery of the mortgage foreclosure tion cases from start to finish,” says Sarah adelphia has become so much a business, Legal Services Com- crisis, the Mortgage Woods, executive director of Philadelphia so much focused on billable hours and mittee, lauds the Bar Foreclosure Diversion VIP. A mortgage foreclosure training is client development that the profession Foundation and the Bar Program. As reported in scheduled for Nov. 5 at Blank Rome LLP. has forgotten its foundation in public Association for their The New York Times in As a volunteer for the Mortgage Fore- service and commitment to justice. support of the public September, “[Philadel- closure Diversion Program, VIP’s current What the article failed to mention was interest bar through the phia’s] effort is the first “Volunteer of the Month,” Cheryl Jacobs, the incredible amount of work done at DLSC, which brings city-sponsored plan in has helped make a tremendous difference all levels of the private bar for access to together monthly the the United States to bro- in the life of one 72-year-old, nearly blind justice with and through the Philadelphia executive directors of the ker negotiations between victim of predatory lending. Thinking public interest legal community. Phila- public interest agencies to discuss fund- mortgage lenders and homeowners who she was borrowing $7,500 for some delphia Bar Foundation grantee organi- ing and legal and service delivery issues have fallen behind in their payments” and home repairs, Jacobs’ client was actually zations like HAIS and Council, Senior- among other things. The Bar Association “has averted the sale of almost 80 percent signing for a new mortgage. Over time, LAW Center, Support Center for Child also supports the Law Firm Pro Bono of the properties referred to it in its first the payments ballooned to the point Advocates and the Legal Clinic for the Committee where leaders of more than three months.” that this woman, despite her best efforts, Disabled rely not only on funding from 25 firms meet to discuss how to expand The program was started by former couldn’t pay them and was going to lose the Bar Foundation and private law firms the reach of pro bono services to more of Court of Common Pleas President Judge her house. to support their talented and dedicated those in need. C. Darnell Jones II and Judge Annette Jacobs wrote to the mortgage company, staff, but also depend on the pro bono “The work of these two commit- Rizzo and offers homeowners whose and through her efforts, convinced them support of the private legal community to tees, which each sends representatives homes are up for foreclosure an op- to forgive the loan. At the conciliation accomplish many of their goals. to the other’s meetings, has lead to early portunity to have their individual cases conference with Judge Rizzo, the mort- Joe Sullivan, director of pro bono identification of emerging legal issues and reviewed by lenders, credit counselors, gage company showed up and presented programs at Pepper Hamilton LLP, the ongoing development, in coopera- the borrowers themselves and the court the client with the deed to her home. puts it this way: “The commitment of tion with the courts, of innovative service before the homes can be sold. The parties “I feel it’s important for lawyers to do Philadelphia’s legal community to public models such as the Court of Common seek agreements that allow loans to be pro bono work,” said Jacobs, who also interest law is one of the deepest and Pleas Mortgage Foreclosure Diversion modified so borrowers can resume regular has volunteered for Support Center for most intense among all major cities in the Program, the Landlord-Tenant Repre- payments and remain in their homes. Child Advocates. “And I believe home United States. The more than 30 public sentation Project, and the Tangled Title As the “hub” of pro bono for the ownership is important for the health of interest law centers in Philadelphia work and other pro bono practice groups that public interest community, Philadelphia communities, so when I saw the infor- closely with the largest law firms as well as train law firm attorneys in various areas of VIP is taking the lead on training at- mation about this program and how it smaller firms and sole practitioners whose poverty law,” Sullivan explains. torneys to help in this effort. “Volunteer was helping people stay in their homes, I lawyers provide tens of thousands of pro This spirit of collaboration among all attorneys can choose to help with limited signed up.” bono hours to the disadvantaged each the branches of the Philadelphia legal representation, spending one morning or The reach of the pro bono commit- year. This synergy creates a whole that is community recently led to the birth afternoon a month at the court’s concili- continued on page 14 Naturalization Speakers ATTORNEY DISCIPLINARY / ETHICS MATTERS

0ENNSYLVANIAAND.EW*ERSEYMATTERS.OCHARGEFORINITIALCONSULTATION 2EPRESENTATION CONSULTATIONANDEXPERTTESTIMONYINMATTERS INVOLVINGETHICALISSUESANDTHE2ULESOF0ROFESSIONAL#ONDUCT James C. Schwartzman, Esq. &ORMER#HAIRMAN $ISCIPLINARY"OARDOFTHE3UPREME#OURTOF0ENNSYLVANIA&ORMER&EDERAL0ROSECUTOR &ORMER#HAIRMAN #ONTINUING,EGAL%DUCATION"OARDOFTHE3UPREME#OURTOF0ENNSYLVANIA Photo by Jeff Lyons Bar Reporter Editor-in-Chief Sunah Park (left) joins U.S. District Court Judge Juan R. Sanchez and Min Suh following an Oct. 16 naturalization Dana Pirone Garrity, Esq. ceremony at the U.S. Courthouse. Park and Suh addressed 88 people from 2EPRESENTINGATTORNEYSINDISCIPLINARYETHICSMATTERSFORYEARS!UTHOR3PEAKERONETHICSMATTERS 42 nations who took the oath of citizenship in a ceremony sponsored by 1818 Market Street, 29th Floor, Philadelphia, PA 19103 the Philadelphia Bar Association. (215) 751-2863

10 Philadelphia Bar Reporter November 2008 philadelphiabar.org YLD Update Take Advantage of Networking Opportunities In Philadelphia, many seasoned a clubhouse and library By Scott P. Sigman The other superb, but and honorees have included Winston lawyers have maintained memberships in for the use of members.” infrequent, network- Churchill, Andrew Carnegie, Henry numerous associations, clubs and groups Today, the Lawyers Club ing opportunity is The Ford, Gen. Dwight D. Eisenhower, to provide them with an opportunity functions as a profes- Pennsylvania Society President George H.W. Bush, Sen. Arlen to network with other lawyers, judges, sional organization that (www.pasociety.com), Specter, James Michener, Andrew Wyeth, politicians and corporate professionals. sponsors three cocktail a charitable nonprofit, Judith Rodin, Arnold Palmer, Joe Paterno Whether they are a member of the receptions. Each of these not affiliated with any and Bill Cosby. Philadelphia Bar Association, The Union three receptions are particular political party, The Pennsylvania Society’s Annual League of Philadelphia, The Pyramid mini bench-bar confer- business or profession, Dinner weekend brings together Pennsyl- Club or the Philadelphia Trial Lawyers ences where lawyers with more than 2,000 vanians from across the commonwealth Association, these lawyer members are and judges informally members around the for one weekend a year. Many major law afforded an opportunity to dine with or network and mingle world. Originally called firms and corporations sponsor individual meet their colleagues on a regular basis. over cocktails and ap- The Pennsylvania Society parties. It is common to find most of the There are two lesser-known groups that petizers. For a small yearly dues payment, of New York, its purpose is to “honor Pennsylvania legislature, many judges, the also provide for such networking, but on each Lawyers Club member is invited to achievement, to reward excellence, to governor, business leaders, lawyers, and a less frequent basis. each of the three receptions: one with the promote good will and understanding other politicians attending many of these The Lawyers Club of Philadelphia judges of the Philadelphia Court of Com- and to celebrate service to the Common- parties. If you’d like to make contacts (lawyersclubofphiladelphia.org) was mon Pleas and Municipal Court; one wealth of Pennsylvania and to humanity from all over Pennsylvania, the Annual originally formed to “encourage among with the Pennsylvania appellate judges in general.” It was founded in 1899 when Dinner weekend is the place to be. its members social intercourse and a free (Commonwealth, Superior, and Supreme Pennsylvanian James Barr Ferree, who discussion of matters affecting lawyers; el- Courts); and one with the federal bench was living in New York City, invited 55 Scott P. Sigman, chair of the Young Lawyers evating the standard of professional ethics; (The United States District Court for Pennsylvanians who were also living in Division, is an attorney at Bochetto & Lentz, aiding in all movements looking toward the Eastern District of Pennsylvania, New York to join him for dinner at The P.C. and may be reached by e-mail at ssig- the prompt and efficient administration along with the federal magistrate judges, Waldorf-Astoria Hotel. The 110th An- [email protected] or by telephone of justice; the promotion of legislation bankruptcy judges and the U.S. Court of nual Dinner is Dec. 13 at the Waldorf. at (215) 735-3900. for that purpose; and the maintenance of Appeals for the Third Circuit). Some of the society’s notable guests

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philadelphiabar.org November 2008 Philadelphia Bar Reporter 11 YLD Family Fall Festival at Philadelphia Zoo

Kathy (left photo, from left), Elizabeth and Tim Pell were among the 175 people who attended the Young Lawyers Division Family Fall Festival Oct. 19 at the Philadelphia Zoo. Julia, (above, from left) David, Andrew and Matthew Swain also took part in the festivities.

Aliyah Peckman gets a closer look at a rabbit Blair, Kassandra, Kim and Natalie Alegant. Nick, Arya and Mita Heble. from the Zoo on Wheels demonstration.

Kristina Littman took time out from

volunteering at the registration desk Photos by Jeff Lyons Abbie DuFrayne and niece Ally. to get her face painted. Shanna, Sophia and Jeff Campolongo.

12 Philadelphia Bar Reporter November 2008 philadelphiabar.org quarterly meeting and luncheon

Former Court of Common Pleas President Judge C. Darnell Photos by Jeff Lyons Jones II (from left) congratulates Judge Albert W. Sheppard Jr. Past Sandra Day O’Connor winners (from left) Lynn A. Marks, Lila G. Roomberg and former with Court of Common Pleas Trial Division Administrative Judge Chancellor Audrey C. Talley congratulate 2008 honoree Roberta D. Liebenberg, along with Judge D. Webster Keogh at the Oct. 20 Quarterly Meeting. Phyllis W. Beck at the Oct. 20 event at the Park Hyatt Philadelphia at the Bellevue. Judge Sheppard, Liebenberg Receive Honors

ed with the Justice William J. Brennan Jr. ence and networking relationships to work. And that’s a joy that not many of n By Jeff Lyons Distinguished Jurist Award. The Brennan mentor younger women lawyers who are us have,” he said. Award recognizes a jurist who adheres to confronting many of the same challenges Judge Sheppard credited Judge John Two veterans of the Philadelphia the highest ideals of judicial service. we faced earlier in our own careers. We Herron for making the Commerce legal community were honored for their Liebenberg talked about her career each stand on the shoulders of those who Program a reality. “He was the one with accomplishments at the Association’s and finding her niche with her current came before us, and we must all reach the vision and he was the one who said Oct. 19 Quarterly Meeting and Lun- firm and the importance of equality and out to help those behind us to climb the ‘let’s do it.’ Judge Herron gets a lot of that cheon. mentoring. “Although the glass ceiling ladder of success,” she said. credit, if not all of it.’’ Roberta D. Liebenberg, a partner may be cracking, it still looms over us. All Rhonda Hill Wilson, chair of the He also credited the members of the at Fine, Kaplan and Black, R.P.C and of us, men and women, must re-double Brennan Award Committee, called Judge Business Litigation Committee for their former chair of the Women in the Profes- our efforts to eliminate that ceiling once Sheppard an innovator with a long his- hard work in making the Commerce sion Committee, was presented with the and for all so that the legal profession tory of service to the community and the Program a success. Sandra Day O’Connor Award. The award provides equal opportunity for women nation, citing his military record. Judge Sheppard also thanked the late is given annually to a woman attorney attorneys. I have seen first-hand during Judge Sheppard, in his 25th year on the Judge Bernie Avellino for “kicking open” who has demonstrated superior legal tal- the course of my career how the profes- bench in Philadelphia, was overwhelmed a number of doors for him. “His mantra ent, achieved significant legal accomplish- sion has been so greatly enriched by the with the honor. “An award coming was that you have to be consistent, ments and has furthered the advancement increased participation and leadership of from this bar association really means predictable and quick with an overarch- of women in both the profession and the women attorneys,” she said. something. You lawyers have made my ing fairness. And if you do that, you’ll be community. “None of us can succeed on our own. job very easy. You made it challenging doing the lawyers a courtesy and you’ll Philadelphia Court of Common Pleas It is incumbent upon everyone, particu- and you made it fun. I still get up in the be treating the law the way it should be Judge Albert W. Sheppard Jr. was present- larly women lawyers, to use our experi- morning looking forward to going to treated.”

the glass ceilings are been mentored by country. “One of the best things that has Quarterly going to be broken” many of the men sit- happened to all of us Americans is this continued from page 1 Gussack said that Podcast ting here today who election. What we get to see is people being prepared and Spotlight challenged me. You who always don’t look like us in situations my life making sure I was prepared,” she being an expert is do not want a men- that they’re not usually seen in. So yes, I Visit philadelphiabar.org to listen to said. essential. “But it is tor who is just patting broke the glass ceiling, but be clear. I got the podcast of this program. “We have 15,000 school districts across not sufficient. There you on the back and cut and it continues every day. Every day the country. Less than 10 percent are run are so many more saying ‘nicely done.’ I come to work I have to prove myself. I by women. And less than 6 percent are things that you must be doing routinely. You want someone who is demanding of don’t start from yesterday, where I may run by African-Americans and 4 percent You need to set goals and take risks. They you. The best way to find a mentor is to have had some success. I start anew each by female African-Americans. For me, it’s should be calculated risks, but you need find someone who does something well day,” she said. not about reinventing myself. It’s about to keep yourself honest about what is im- that you do not. So men, some of your In other business, amendments to me being who I am and being prepared,” portant to you and to challenge yourself mentors should be women,” she said. the Association’s bylaws were approved she said. “I have made it a point to men- every day as to whether you are moving Young noted that she is one of two by voice vote. The Justice Ruth Bader tor other women because we open the down the path that matters to you.” African-American women who run one Ginsburg “Pursuit of Justice” Legal Writ- door. I feel like I have this awesome re- Gussack also stressed the importance of of the 379 convention centers across the ing Competition award was presented to sponsibility to make sure that I open the having mentors – “who by the way, come country. She pointed to the presiden- Mary Clark, a student at Temple Univer- door for other people because that’s how in all shapes, sizes, colors and ages. I have tial election as a turning point for the sity Beasley School of Law. philadelphiabar.org November 2008 Philadelphia Bar Reporter 13 philadelphia bar foundation LexisNexis Trains Pro Bono Grantees n By Gene Sirni research questions and various needs of tor of the Legal Clinic for the Disabled, a the participants. small nonprofit with only three full-time For many years, LexisNexis has For each of the past several years, Lex- staff members. “The generosity of Lexis- partnered with the Philadelphia Bar isNexis has contributed 240 hours of Lex- Nexis has enhanced our ability to provide Foundation to provide research resources isNexis research time on an annual basis high quality legal services to our clients. at no charge to the nonprofit public inter- to PBF grantees free of charge. “We hope The grant is invaluable to us,” she said. est organizations that receive funding that other corporations follow the lead of To be eligible for a grant of Lexis- from the Foundation. LexisNexis in providing in-kind services Nexis research hours, applicants must This year, LexisNexis expanded its pro to help bolster the capacity of our grantee provide free legal services, either through bono support of legal services organiza- organizations,” said Rod E. Wittenberg, advocacy, referrals or direct provision of tions by offering a series of free LexisNexis regional client manager for LexisNexis, services, and must receive funding from research training programs to all recipi- and trustee of the Philadelphia Bar Foun- the Philadelphia Bar Foundation in the ents of the 2008 LexisNexis in-kind grant dation. “Organizations that participated preceding and current grant cycles. The Rod E. Wittenberg of LexisNexis leads administered by the Philadelphia Bar in the training programs this year received Foundation accepts applications for the an Oct. 8 research training program. Foundation and other pro bono organiza- a bonus from LexisNexis in the form of LexisNexis research grants in December Pennsylvania Immigration Resource tions that are members of the Delivery of additional free LexisNexis research hours. of each year, and awards research grants in Center; Regional Housing Legal Services; Legal Services Committee. The training In today’s economy, nonprofit legal ser- the beginning of January. SeniorLAW Center; Society Created to sessions were held on March 19, June vices organizations can really benefit from his year the following public interest Reduce Urban Blight; Women Against 9 and Oct. 8. Twenty-five attorneys this type of partnership.” organizations received pro bono Lexis- Abuse Legal Center; and the Women’s and paralegals from 10 different public “The LexisNexis research training Nexis research grants: Equality Advocates Law Project. interest legal organizations participated program has greatly helped to expand Pennsylvania (formerly The Center for in the training programs, which were the research capacity of our organization, Lesbian and Gay Civil Rights); Friends Gene Sirni is executive director of the Phila- designed to provide an interactive learn- and maximize the impact of our research of Farmworkers; Homeless Advocacy delphia Bar Foundation. ing experience and address the individual grant,” said Linda Peyton, executive direc- Project; Legal Clinic for the Disabled;

Bar Foundation personal concern about the need to have a single uniform VIP Honors Jacobs continued from page 10 set of regulations governing the field and to ensure that due process is available to every person in this country, whether Philadelphia VIP is pleased to announce ment encompasses all levels and aspects of the private legal their presence is lawful or not.” that Cheryl P. Jacobs, an associate of Kline & community in Philadelphia. Many established attorneys see The City of Hazelton has since appealed the trial court’s Specter, P.C., has been recognized as volunteer of it as their obligation as a lawyer to give back to the commu- decision. Rosenberg became acquainted with HIAS and the month for her outstanding assistance to her nity. As Steve Madva, chairman and a partner of Montgom- Council as part of the appeals process. HIAS was one of the VIP clients. ery, McCracken, Walker & Rhoads, LLP says of his service nearly 60 organizations filing amicus curiae briefs with the Jacobs successfully assisted a on the board of Community Legal Services, “By and large Court of Appeals. VIP client in her fight to stay all of us in the legal profession are very fortunate. I don’t “I had the opportunity to meet with HIAS and Council’s in her home. Our client was a mean to lecture, but volunteering and contributing of our leadership, and was moved by their mission and impressed victim of predatory lending 10 time as well as our financial resources should be a given.” with their achievements. After discussing our common years ago, when she applied for Many young attorneys are involved in pro bono, not only interests and ideas, I was honored to have been nominated a loan to cover much needed out of a sense of public service, which is strong, but also as a and then elected to the organization’s Board of Directors. repairs in her home. However, way to broaden their legal experience. It is my personal commitment to reach out to my peers our client unknowingly signed Jacobs “Young attorneys – particularly non-immigration at- who may take for granted the efforts made by their immi- a $7,500 mortgage agreement. torneys – are attracted to our cases because of their global grant ancestors, and the importance of helping those who, The mortgage was bought and perspective. Close to 40 attorneys, generally from the non- like our forefathers, arrive in a new land.” sold by various lenders over the years. Due to fees immigration bar, have handled HIAS and Council matters The Bar Foundation plays a role in this important aspect and costs, the amount of the mortgage ballooned to with a focus on asylum seekers, unaccompanied minors of life in the public interest legal community. As the single $28,000, which our client couldn’t pay based on her and victims of interpersonal violence,” says Judy Bernstein- organization that works with all the legal services provid- limited income. As a result, her house was scheduled Baker, executive director of HIAS and Council, one of the ers in Philadelphia, the Bar Foundation acts as a bridge for foreclosure. Through Jacobs’ tenacious advocacy, public interest organizations helping low-income immi- between the public and private bars, enabling it to broker the mortgage company first reduced the value of grants. “Ilan Rosenberg, now one of our Board members, relationships within the legal community. Through its sup- the debt to $9,000 and has now agreed to satisfy was one of a team of attorneys litigating the Hazleton case.” port of the Delivery of Legal Services Committee coordina- the loan entirely. Thanks to Jacobs’ hard work, our In this case, the ACLU and co-counsel, including Rosen- tor, the Foundation helps facilitate pro bono opportunities client is able to stay in her home. berg, successfully argued in federal court that the anti-immi- along with supporting the program and legal services work Philadelphia VIP understands the everyday grant laws relating to housing and employment opportunity of that committee. demands and time constraints that its volunteer at- recently enacted in Hazleton and elsewhere are unconstitu- If you are interested in pro bono opportunities at any of torneys face. VIP values all volunteers and recogniz- tional because they usurp federal immigration policy, fail to the more than 30 organizations funded by the Bar Founda- es with this honor those who handle multiple VIP provide procedural protection to people before they are fired tion – organizations engaged in providing equal access to cases, dedicate numerous hours to complex matters or evicted, and violate federal civil rights law. justice for all members of our community – please call Gene and take on cases outside of their general practice Rosenberg, of Cozen O’Connor, says of his involvement Sirni, executive director, at 215-238-6334. area. Philadelphia VIP volunteers serve their clients in the Hazelton case: “As a fifth-generation immigrant, with compassion and offer them assistance. VIP immigrants’ rights are an issue that is near and dear to me. Elaine Rinaldi, a partner at Cozen O’Connor, is president of the is proud to recognize volunteers who are helping I became involved in the Hazleton case as a result of my Philadelphia Bar Foundation. achieve access to justice for all.

14 Philadelphia Bar Reporter November 2008 philadelphiabar.org City’s Director of LGBT Affairs Explains Role

port (in the Mayor’s office) for framing interest in illuminating some existing development of an exemption from n By Rebecca Schatschneider LGBT issues as what they are, civil rights services that have been underutilized. She Philadelphia realty transfer tax for finan- issues, and then for using common sense confirmed that the Domestic Partnership cially interdependent persons, a category Gloria Casarez, the newly ap- – dollars and cents – to make a persuasive Registry is still active and encouraged that presumptively includes registered pointed Director of LGBT Affairs for argument.” members of the Committee to get the domestic partners. the Nutter Administration, met with the In addition to taking LGBT policy word out that the Registry is available LGBT Rights Committee on Oct. 3 to issues in new directions during the Nutter to LGBT families in Philadelphia. The Rebecca Schatschneider is an associate at introduce herself and to explain her role administration, Casarez expressed an committee also discussed the more recent Jerner & Palmer, P.C. in the mayor’s office. Casarez began work on July 1, 2008 in a position created by Executive Order No. 13-08, which establishes an Office of LGBT Affairs as well as a Mayor’s Advi- sory Board on LGBT Affairs. Her duties include developing city policy regarding civil rights issues affecting LGBT people; NOVEMBER serving as a liaison between the Mayor’s office and the region’s LGBT residents and organizations; improving LGBT access to city services; supporting the CLE COURSES growth and development of Philadelphia’s Nov. 3 Municipal Liability • The CLE Conference Center The CLE LGBT communities; and serving as the Obtaining (or Avoiding) Enhanced Damages and Fees in Copyright, Trademark, Trade Conference Center mayor’s spokesperson in connection with Secret and Patent Actions • The CLE Conference Center Wanamaker Building LGBT issues and activities. 10th Floor, Ste.1010 Casarez will also serve as the point Nov. 4 Legal Issues in Advertising • The CLE Conference Center person for the Mayor’s Advisory Board Neighbor Law • The CLE Conference Center on LGBT Affairs, a 22-member board Revisiting Youngers’s 10 Commandments • Video Replay - The CLE Conference Center established by the same executive order. Nov. 5 Navigating PA’s Alternative Energy Investment Act • Simulcast - The CLE Conference Casarez noted that while previous Center administrations have had point persons You’re the Fiduciary - The Good, the Bad and the Ugly • The CLE Conference Center whose responsibilities included addressing LGBT access to city services, her position Nov. 6 How to Start a Nonprofit Organization • The CLE Conference Center marks the first time that this function is One Year After eBay, MedImmune, KSR and Seagate • The CLE Conference Center located within the mayor’s office. Previous Nov. 7 The Criminal Justice Mentoring Summit: The Value of Connections • The CLE point persons have been located in the Conference Center managing director’s office, which was ap- Nov. 10 Clarence Darrow: Crimes, Causes and the Courtroom • The CLE Conference Center propriate given their more limited roles. 14th Annual Business Lawyers’ Institute • She comes to the mayor’s office from a Nov. 12 The CLE Conference Center long career of public service and com- Nov. 13 14th Annual Business Lawyers’ Institute • The CLE Conference Center munity organizing. Prior to her appoint- Nov. 14 Effective Advocacy in the Federal Appellate Courts • The CLE Conference Center ment, she was the executive director of TRIALS! Tips, Tactics & Practical Tales • The CLE Conference Center the Gay and Lesbian AIDS Education Electronic Filing and The Philadelphia Court of Common Pleas Civil Trial Division Initiative. Casarez is also the current co- Nov. 17 The CLE Conference Center chair of the board of the Bread and Roses Community Fund. Nov. 18 Foreign Direct Investments: Opportunities and Challenges • The CLE Conference Center Call PBI During her conversation with mem- Customer Service at bers of the LGBT Rights Committee, Litigating Restrictive Covenant Cases • The CLE Conference Center Casarez emphasized Mayor Nutter’s Preparing the Real Estate Valuation Case • The CLE Conference Center 800-247-4724 broad platform of support for LGBT Nov. 19 Current Issues in Medical Malpractice - 2008 • The CLE Conference Center to register for a issues. Specifically, she cited policy initia- How to Handle a Child Abuse Case • The CLE Conference Center course or for more tives addressing access to HIV/AIDS services through the Health Department Nov. 20 A Day of LAWghter: A Humorous Side of Law and Ethics • The CLE Conference information. Center and addressing the overrepresentation Register online at of LGBT youth in the “system” – the PLI - Negotiating Commercial Leases: How Owners & Corporate Occupants Can network of city services including DHS, Avoid Costly Errors — Fall 2008 • Simulcast - The CLE Conference Center www.pbi.org shelters, behavioral health services, foster Nov. 21 PLI - Negotiating Commercial Leases: How Owners & Corporate Occupants Can The Pennsylvania Bar care, and care for new HIV infections. Avoid Costly Errors — Fall 2008 • Simulcast - The CLE Conference Center Institute is an She also underscored the Mayor’s com- Elder Law Update • The CLE Conference Center mitment to and understanding of LGBT The Intersection of Law, Religion, and Family - Part of PBI’s Public Policy Series accredited CLE issues as civil rights issues, pointing to The CLE Conference Center provider. the current conflict with the Boy Scouts as evidence of Mayor Nutter’s beliefs, as Nov. 24 Parenting Coordinators in PA • Live via Videoconference - The CLE Conference Center well as his belief that there is a connection between protection of civil rights and economic strength. “There is great sup- philadelphiabar.org November 2008 Philadelphia Bar Reporter 15 In Their Own Words Big Brothers - Nice Story in Need of Mentors

Seven years ago, I left my career gent need for our work. I have personally steady encouragement By Marlene L. Olshan We know that partner- in the private sector to join a nonprofit visited prisons and talked with inmates and high expectations ships like the one with agency because I wanted to make a dif- who beg us to “match” their child with a from someone who the Philadelphia Bar ference in our community. After all of mentor so they will not make the same cares. Recently we had Association will not only these years, it is still the best career deci- mistakes as their parents. I have visited one young man in our encourage more people sion I ever made. schools that look like prisons with crum- program, Frank, who to become mentors, but When I tell people that I work for Big bling infrastructures and bars on every commented that his Big it will connect law firms Brothers Big Sisters Southeastern PA, window. I have listened to mothers and Brother was the only one to the community in a they usually say, “that’s nice!” And it is. As grandmothers, many of them working who had high expecta- meaningful way. the leading youth mentoring agency in two jobs, asking us for help so their child tions for him. And I am sure that once our region, I have the pleasure of working can benefit from having an additional because of this, and the you learn more about with more than 4,000 volunteers and friend and role model. support of his mentor, Big Brothers Big Sisters, community stakeholders who are com- Doing more for these children is not Frank completed his and start to talk about mitted to helping children. As a result, simply nice – it’s a societal, educational, GED, started college, and is working to- our partnership, you too will hear about we have so many “nice” stories to tell: governmental and business imperative. ward becoming a paralegal. And we have how “nice” it is. And that will be your of “bigs” (adult volunteers) and “littles” Mentoring provides children with dozens of stories just like Frank’s. chance to explain how “necessary” it is. (mentees) and their relationships that the extra guidance, support, and high That’s why I am so excited about the often last a lifetime. expectations that far too many of them budding partnership between the Phila- Marlene L. Olshan is chief executive officer of But, our work is not just “nice.” It’s need. It’s part of a multi-pronged solution delphia Bar Association and Big Brothers Big Brothers Big Sisters Southeastern Pennsyl- absolutely necessary. Forty-seven per- to insure that our region remains safe, Big Sisters Southeastern PA. We have so vania, the oldest, largest and most experienced cent of the students in the Philadelphia vibrant, and competitive. A report from many different program options that vol- one-to-one youth mentoring organization in school system will not graduate from Public/Private Ventures proves that BBBS unteering with us is much easier and less the state. Last year, BBBS SEPA served more high school. Last year 80,000 children in mentoring keeps kids in school and away time consuming than you think. With than 4,000 children. To learn more, visit Philadelphia were chronically truant. And from drugs, alcohol and violence. Some- 700 boys on our waiting list, the need for bbbssepa.org. these two statistics alone point to the ur- times, all it takes to turn a life around is broad-based community support is great. YLD, Musicians Rock phiLAWpalooza

A Band Called M performs at phiLAWpalooza on Oct. 2 at the Field House. The band is comprised of attorneys from Montgomery, Mc- Cracken, Walker & Rhoads, LLP. Stephanie Mensing (left) and YLD Chair Scott P. Sigman join performer Paula Boggs.

Class Action (left, with attorneys from Marshall, Denne- hey, Warner, Coleman & Goggin) performs at the event. Mommy’s Little Monsters play (above, from Caesar, Riv- ise, Bernstein, Cohen & Pokotilow, Ltd.). John Judge (right) performs with A Band Called M. More than 130 people attended the fund-raiser for the Bar Foundation.

16 Philadelphia Bar Reporter November 2008 philadelphiabar.org THE LEGAL DIRECTORY 2009 UPDATE IS UNDER WAY! WATCH YOUR MAILBOX FOR UPDATE INFORMATION!

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philadelphiabar.org November 2008 Philadelphia Bar Reporter 17 Sunah in the City Hard Work a Very Big Part of Who She’s Become

Everyone’s grumbling about the minority attorneys have as well. Before I female and/or Asian By Sunah Park part of who I am. None economy and their 401k, but a friend became a partner and had the same worry American. I used to be of my achievements whose law firm has seen better days as many senior associates, I was joking defensive and my natural could be separated from recently had a more immediate concern. with a lawyer I knew about the possibil- reaction was to work that fact. What I realized She and some coworkers were discussing ity of having to look for a new place to harder, to prove to those then was that I didn’t the possibility of having to look for a new call home. Although the person who said people that I earned my have to parse my success place to work. She’s a senior associate the same thing to me said it to reassure success through hard into categories of which without a book of business but was very me, I don’t think he realized he had just work. But a funny thing accomplishments were a valued by her firm and always received insulted me and negated all my years of happened while I was result of my being Asian positive reviews. I had no doubt that she hard work as a lawyer. Of course I wasn’t trying to impress others. American or female or would find another firm and I told her so naïve to think that firms ignore a person’s I realized that I, too, may both. And that’s when when she called to complain. But she was gender and race/ethnicity when it came have held the belief that I no longer cared how upset for another reason. A white male to hiring. But it still rankled me that my my success may be tied others perceived my suc- colleague told her that she had nothing value as a lawyer was boiled down to my to either my race/gender and that I was cess or how I got where I am. to worry about because she’s female and gender and race, neither of which I had trying to prove to myself that I earned I told my friend that if anyone ever a minority and therefore, she could go any control over. the success I was enjoying. Perhaps that said that to me again, I would just say, anywhere she wanted. She didn’t know In these situations, it is hard to change is why my colleague’s comment did not “Yes, you’re right and aren’t I lucky?” how to respond to him since she was just someone’s perception of how you got leave me for a while. stunned. All she could do was ignore his where you are. No matter how many When I received word about my part- Sunah Park, a partner at Thorp Reed & comment but inside, she stewed. years I’ve toiled and struggled to improve nership, I knew without a doubt that I Armstrong, LLP, is editor-in-chief of the Phila- I went through a very similar experi- as an attorney, there will still be some who had earned the title. But I also knew that delphia Bar Reporter. ence as I’m sure many other female/ see my success as a result of being either being an Asian American female lawyer is

decision, including the grant of licenses, zoning in the Market Street East area, The process behind the granting of Casino which often creates “jockeying and home to the Gallery, to allow for a casino, licenses and the placements of casinos continued from page 5 compromise” and affects the Board’s a plan for which Mayor Nutter has remains a sore point for many of its independence. indicated support. Relocation, though, citizens, however. “When the public gets could be expanded for table games. “It Further, while in many states, the requires that the license holder demon- 51 cents out of every casino dollar, it’s not was the worst kind of compromise,” investigative and enforcement function strate good cause to the Gaming Board private development, it’s public policy, Ruben added, explaining that different of the gaming board is independent from to move the original, approved location. and the public is majority partner and kinds of gaming draw more of a variety the adjudicatory function, in Pennsylva- “I think some folks could legitimately say was not treated as such,” Ruben noted. of people, whereas slots tend to prey on nia, it is a division of the Board – and one that the entire process has to be reopened, locals, as well as create the most dense without formal law enforcement capabili- or the process has to be reopened for any Kathryn C. Harr, an associate with Trujillo activity in terms of crowds. ties that would allow it access to certain applicants that were not successful,” King Rodriguez & Richards, LLC, is an associate Another point of controversy in the criminal records of license applicants. speculated. editor of the Philadelphia Bar Reporter. legislation is the “qualified majority” Louis DeNaples, who was granted a requirement for voting by the Gaming license and later revealed to have a crimi- Board. Comprised of seven members, nal record and now faced with perjury the Board is made up of four members charges, provides a cautionary tale. As a HIAS and Council Honors appointed by legislative leadership and result, the Gaming Board is “exception- three, including the chair, who are ap- ally gun shy” now, King observed. pointed by the governor. In effect, King Ross said Councilman Frank DiCicco explained, anyone can veto a significant has proposed a bill to re-designate the Photo by Shaloo Jose Members of Hangley Aronchick Segal & Pudlin pro bono team (from left to right) Naomi Mendelsohn, Shara Alpern, and Michael Lieberman join Judi Bernstein-Baker, executive director of HIAS and Council, at its annual luncheon meeting on Sept. 24. Hangley, Aronchick, Segal, & Pudlin received an award for their work representing unaccompanied minors and asylum seekers. Brian Watson (currently with Kaufman, Coren & Ress, PC) and the team from Morgan, Lewis & Bockius LLP have worked on more than 20 different cases assisting asylum seekers and immigrant survivors of interpersonal violence. HIAS and Council also honored private practi- tioner Wayne Sachs for his consultations and expertise in several areas of immigration law.

18 Philadelphia Bar Reporter November 2008 philadelphiabar.org Feasts to Famine You’ll Clamor for More at Seafood Unlimited Seafood Unlimited reversal by a Superior By Skinny D’Bockol appreciative laughing four forks and two extra plates. No, let’s 270 S. 20th St. Court panel; and just gurgle. have carrot cake, extra icing, with three 215 SEAFOOD (732-3663) as steamed, but much Less complicated fare? more plates and three more forks; and a seafoodunlimited.com more tastefully done. Try the grilled swordfish blueberry streusel on the side.” You’ll need The judgment here is with French fries and the forks and extra plates for neighboring This seafood market and conjoined to load chunks of thick cole slaw ($17). There’s pilferers who politely invite themselves to restaurant demystifies the arcana of most diced potatoes and clams nothing more hearty and your merriment, expecting, the next time, Center City “fish stories.” My recollec- into a crowded bowl, plain in concept. Your to return the favor. It’s that kind of kind- tion is that it opened in the neighbor- burbling in sultry, supple pupils dilate as you sip ness that defines your meal at Seafood hood in the early 1970s as a meager tomato base. No use and slurp in the deeply Unlimited. And it’s not easy giving carrot fish-mongering fortress. The restaurant ordering anything with fried potatoes. Drown cake of this quality to anyone. The cake is and bar phases took decades to augment more supreme liquidity. and engorge them in wet close to gingerbread rustic, bloated with the purchasing experience thereafter. Let me not forget slaw; complement the assorted sweets to resemble a chocka- And today, there is simply no better fishy these pompously-portioned somewhat sopping concoction with a thick slice of block. Obviously started from scratch: as Philly shebang for your buck. Frankly, more solid appetizers: Steamed mus- swordfish. Now almost mindless, reach homemade as it is homespun. The icing you’ll be hooked. sels marinara ($8.95), a mountain of for more fries and renew the process be- takes the cake to a sixth dimension. The One enters upon a tiny six-tushed- large mollusks fermented in ribald thick fore you’ve swallowed. Soon the bulges of cream cheese tartness requires you to stools-bar (and TV) area to the right, chunky gravy; or the seafood cobb salad your cheeks become blatantly “swordid.” part and purse your lips in a full-blown followed forward to tanks of live lobsters with crabmeat, shrimp and scallops The tables are close enough here swarthy kiss.Patrons around you pucker and cases of iced fish. All then leads to ($14), a beautifully arranged cornuco- to share anecdotes and any leftovers. in unison. the restaurant proper, although “proper” pia of huge crab lumps, twirled jumbo Everyone wins the congeniality contest, NULLEM CRIMEN, NULLA PO- is not a term precisely dispositive of its shrimp, cool scallops cut wide-wise and especially after a few swigs of the house ENA, SINE HUGSAE description. Brown tables, held steady a hard-boiled egg sliced in half to expose special bottle of pinot grigio ($17). Mild by black metal supporting bases, can its golden middle. Spread over greens, multi-table arguments occur only while Skinny D. Bockol, a sole practitioner, is an ad- be counted at less than 10. Lime-green cubed white potatoes and gorgonzola discussing which desserts to order. “One visory editor of the Philadelphia Bar Reporter. banquettes back up to two long side cheese crumbles, this salad is as honestly key lime pie and two forks. Make that Read his reviews online at bockol.com. walls, each of which is laden with an diversified, forthright and fabulous as any extremely wide mirror in an attempt to in the city. make the eyes see more dimensional space Entrees are no less simply and super- INCORPORATION than really exists. Turn-of-the-century erogatorily prepared. Seafood Unlimited’s tiled floors, white brick, and splashes of chef, Chris Jones, and its owner, David AND maroon paint supplement the total feel as Einhorn have taken freshness to extremes. one of humility and friendliness. They neither suffocate nor superimpose LIMITED LIABILITY Never miss starting with this eatery’s unnecessary sauciness or clashing after- chowders. A soup-spoonful of New Eng- tastes. What is plated is not gold-plated. COMPANY FORMATION land clam chowder ($5.50/bowl) passes Simplicity sparkles more. your lips, and brings to them every limer- Even the sesame crusted Chilean bass, CONVENIENT, COURTEOUS SAME DAY SERVICE ick whose first line ends with Nantucket. served with bok choy and zucchini frites The broth is oatmeal-colored brown, be- ($23.50) has a constant theme over which dazzled with three oyster crackers soaking the sea bass reigns, unified by a spritely PREPARATION AND FILING SERVICES IN ALL STATES in creamy subtlety and chopped clams. Oriental honey-miso glaze. The dish is CORPORATION OUTFITS AND The heated liquid coats your tongue, then brimming with the pearlized white fish LIMITED LIABILITY COMPANY OUTFITS evaporates somewhere near your larynx. flesh, smothered in mahogany shininess, Your throat begs your pardon, but begins and blanketed with frothy-crisp frites. SAME DAY SHIPMENT OF YOUR ORDER clam-mering for more. The bass filet melds and melts at the Manhattan clam chowder is as red as slightest jiggle of your jaws. The zucchini CORPORATE STATUS REPORTS the face of a Common Pleas Court judge tickle the top of your palate, forcing your UCC, LIEN AND JUDGMENT SEARCH SERVICES reading her or his opinion’s unanimous tongue upward to quell the emerging DOCUMENT RETRIEVAL SERVICES

Anyone not returning their ballot in Election a timely fashion may still vote in person M. BURR KEIM COMPANY continued from page 1 on Dec. 8 at the Park Hyatt Philadelphia SERVING THE LEGAL PROFESSION SINCE 1931 at the Bellevue in conjunction with the members on or before Nov. 24. Those Association’s Annual Meeting Luncheon members who wish to vote by mail must from 8:30 a.m. to 6 p.m. The Annual 2021 ARCH STREET, PHILADELPHIA, PA 19103 have their ballots received (not post- Meeting, beginning at 12 p.m., will fea- PHONE: (215) 563-8113 marked, but received) at Bar Association ture remarks by Chancellor-Elect Sayde J. FAX: (215) 977-9386 headquarters by 10 a.m. on Friday, Dec. Ladov with her plans for her year in office. WWW.MBURRKEIM.COM 5. Ballots received after that time will not Tickets for the Annual Meeting can be be counted. purchased online at philadelphiabar.org. philadelphiabar.org November 2008 Philadelphia Bar Reporter 19 Arts & Media Heavy-Handed “Religulous” is Very Funny Faith, as Maher tries to tell us, is poor ban Darwin and eschew science. Unfor- end, even the most brilliant minds have n By Marc W. Reuben excuse for ignorance. As he noted in a tunately, Maher fails to deal with the bril- not half a clue. Doubt, and the humility recent television interview (more benignly liant scientists who loudly deny organized to live with it, may well be the key to faith “Religulous,” a film that bears the than in this film) biblical tales were useful faith with the same rigidity as fundamen- in people who have the wit to question. mark of smarty-pants comedian Bill Ma- two millennia ago when there was little talists adhere to it. Maher also fails to As noble entertainment, the play “In- her, is a flawed attempt at making flawed science into which men could enquire. examine religions other than Christianity herit The Wind” forgivingly summed up thought look flawed. This mockumen- But, with the advancement of communi- (for which he reserves his most barbed the reality of fundamentalist dogma by tary, fabricated by “Borat” director Larry cation and knowledge, clinging to literal coverage) Judaism and Islam. In a film telling us some people look too high for Charles, is a nonbeliever’s attempt to interpretation of vague folk tales seems a that contrives to controversy, it is not a heaven. It tells us, usefully, that faith is the show blind faith as a traditional evil, and bit idiotic. Not everyone lives in Kansas. good idea to ignore obvious information acceptance of science with the under- those who ask no questions as “ijits.” But not everyone who has faith is a fool. that may not be as entertaining as the full standing that no matter how many stories As Maher correctly pointed out, more The problem with this film is that it is story. Hindus are just not as entertaining, science may debunk, it will never replace gore and evil were practiced in the name an entertainment vehicle. As an objective I guess. human faith, when that faith is practiced of the great spirit than for any other his- document this film ignores so much of its There is a need for messages that cast by thinking people. Making simple- torical reason. Or, as Mark Twain noted subject that is worth considering that its doubt on those who find doubt unholy. minded, science-hating robots look even - man, being a holy creature, will even kill mocking tone is nasty rather than self-evi- The western concept of the true believer/ more foolish is nasty. his nonobservant neighbor in order to dent. Maher may know something about literalist is, at its base, a mantra for mo- Highlighting them against a back- make him holy. This movie is a pointed biblical scholarship even if the victims in rons. But what this film fails to address is ground of religious charlatans is overkill. look at the kooky side of religious funda- this film do not. Biblical scholars are, for the fact that many thoughtful commenta- As wise men tell us, the existence of the mentalism that, although very funny, has the most part, those people who interpret tors, most of them prominent church- great spirit is limited by the imagination all the grace of a blowtorch. holy texts in a way that allows for modern men, have provided guideposts for the of men. This movie, in its crude effort Maher, who narrates the film, lost me invention. They are able to keep faith in faithful of the modern era, who hold faith to make obviously idiotic people more years ago when he tried to liven a televi- religion alive, just as Darwin and Einstein even as they uncover scientific discoveries obvious, no matter how benign they may sion discussion about the Rosenbergs by did, while believers in absolute literalism that seem to make the tales in some of the be, is much like “Fahrenheit 9/11” - very pointing out that McCarthy was initially are enemies of faith. It does not take a big holy books a little doubtful. As Aquinas funny in an offensive way, and too heavy noble in trying to fight communism. This movie to comprehend the simple minds told us, man can look into the smallest handed to be taken seriously. type of logic barely worked for television of those who, if one word of their biblical particles of matter to find the origins of and is the bane in this film as well. The text is shown to be unsupportable or mis- life and never find an answer, because Marc W. Reuben, a sole practitioner, is an ad- fact that some people may have an initial leading, could not hold the same beliefs there will always be a smaller particle. visory editor of the Philadelphia Bar Reporter. purport to nobility does not excuse the as they do by blindly accepting a printed Religion, as wiser men have pointed He has been writing about the arts and media stupidity they practice in pursuit of it. word. That is why flat-Earthers need to out, is the humble acceptance that in the since 1973. Castille, Rizzo Honored FJD Seeks Pro Bono Nominees

The First Judicial District of case before the FJD during 2008. Pennsylvania will present the Third • The attorney must not be employed Annual FJD Pro Bono Publico Award by an organization that has, as its primary to members of the bar who have pro- purpose, the provision of free legal ser- vided exceptional pro bono service to vices to the underprivileged. the underprivileged in Philadelphia in • The attorney must have provided cases before the FJD. The judges of the direct delivery of legal services with no FJD nominate candidates and a commit- expectation of receiving a fee, to a client tee of judges selects the recipients of the or client group that does not have the Pro Bono Publico Award. The awards resources to employ compensated coun- ceremony to honor these recipients will sel, or the attorney must have worked to be held on Thursday, Jan. 22. facilitate such effort by other attorneys. At the ceremony, the FJD will also rec- The self-nominating form is available ognize all attorneys on the Pro Bono Roll at courts.phila.gov under “News and of Honor who have provided pro bono Announcements” as well as the Bar services to litigants in the Philadelphia Association’s Web site. The deadline for courts in 2008. Attorneys may become nominations for the 2008 Pro Bono Roll Photo by Mike Mountain The Justinian Society of Philadelphia honored Pennsylvania Supreme members of the Roll of Honor through of Honor is Nov. 24. Court Chief Justice Ronald D. Castille and Philadelphia Court of Com- a self-nominating process whereby attor- The form should be sent to the atten- mon Pleas Judge Annette M. Rizzo on Oct. 1 at a luncheon at The Union neys submit their names along with a log tion of Deborah Dailey, Deputy Protho- League. Chief Justice Castille served as the keynote speaker and was of their pro bono services. The criteria for notary, First Judicial District of Pennsyl- awarded The Justinian Society Outstanding Service Award. Judge Rizzo was presented with the Judge Lisa A. Richette Outstanding Woman in the eligibility are as follows: vania, by e-mail at debbie.dailey@courts. Law Award. Joining Chief Justice Castille and Judge Rizzo is Gina Furia • The attorney must practice in Phila- phila.gov, by facsimile at 215-567-7380, Rubel (right), Chancellor of the Justinian Society. delphia County and must have provided or by mail addressed to Room 284 City services to a client or client group for a Hall, Philadelphia, Pa., 19107.

20 Philadelphia Bar Reporter November 2008 philadelphiabar.org CALENDAR OF EVENTS

Note: While the following listings have been verified prior to press time, any scheduled Friday, Nov. 14 Chancellor’s Diversity Training Seminar: event may be subject to change by the committee or section chairs. Philadelphia Lawyer magazine Editorial 5 p.m., 11th floor Conference Center. Board: meeting, 12:15 p.m., 10th floor Women’s Rights Committee: meet- Monday, Nov. 3 Workers’ Compensation Section Execu- Board Room. ing, 12 p.m., 10th floor Board Room. Family Law Section: meeting, 12 p.m., tive Committee: meeting, 10:30 a.m., Lunch: $7.50. Monday, Nov. 17 10th floor Board Room. Lunch: $7.50. 11th floor Conference Center. Social Security Disability Benefits Com- Public Interest Section Executive Com- Young Lawyers Division: mentoring Workers’ Compensation Section: meet- mittee: meeting, 12 p.m., 11th floor mittee: meeting, 12 p.m., 10th floor meeting, 12 p.m., 11th floor Confer- ing, 12 p.m., 11th floor Conference Conference Center. Lunch: $7.50. Board Room. ence Center. Center. Lunch: $7.50. Corporate In-House Counsel Committee: Young Lawyers Division: lunch seminar, meeting, 12 p.m., 11th floor Commit- Tuesday, Nov. 4 Monday, Nov. 10 12 p.m., 11th floor Conference Center. tee Room South. Lunch: $7.50. Committee on the Legal Rights of Per- Business Law Section Executive Com- Lunch: $7.50. sons with Disabilities: meeting, 12 p.m., mittee: meeting, 12 p.m., 11th floor Monday, Nov. 24 Tuesday, Nov. 18 11th floor Committee Room South. Committee Room South. Young Lawyers Division Executive Com- City Policy Committee: Philadelphia Bar Foundation Board of Criminal Justice Section Executive Com- meeting, 12 mittee: meeting, 12 p.m., 10th floor p.m., 10th floor Board Room. Lunch: Trustees: meeting, 12 p.m., 10th floor mittee: meeting, 12 p.m., 11th floor Board Room. Conference Center. $7.50. Board Room. Tuesday, Nov. 25 Young Lawyers Division Cabinet: meet- Employee Benefits Committee: meet- Criminal Justice Section: meeting, 12 Wednesday, Nov. 5 ing, 12 p.m., 10th floor Cabinet Room. ing, 12:30 p.m., 11th floor Committee Delivery of Legal Services Committee: Room South. p.m., 11th floor Conference Center. meeting, 8:30 a.m., 10th floor Board Tuesday, Nov. 11 Board of Governors: meeting, 4 p.m., Lunch: $7.50. Room. Section Chairs: meeting, 8:30 a.m., 10th floor Board Room. Women in the Profession Committee: Rules and Procedure Committee: meet- 10th floor Board Room. meeting, 12 p.m., 10th floor Board Wednesday, Nov. 19 ing, 12 p.m., 10th floor Board Room. Cabinet: meeting, 12 p.m., 10th floor Room. Lunch: $7.50. Federal Courts Committee: meeting, Lunch: $7.50. Board Room. Committee to Promote Fairness: meet- 12:30 p.m., 10th floor Board Room. Intellectual Property Committee: meet- ing, 4 p.m., 10th floor Board Room. Wednesday, Nov. 12 Lunch: $7.50. ing, 12 p.m., 11th floor Committee Lunch: $7.50. Appellate Courts Committee: meet- LegalLine: 5 p.m., 11th floor LRIS Room South. Lunch: $7.50. ing, 12 p.m., 10th floor Board Room. offices. Wednesday, Nov. 26 Thursday, Nov. 6 Lunch: $7.50. Medical Legal Committee: meeting, 12 Thursday, Nov. 20 Health Care Law Committee: meet- Candidates Forum: 12 p.m., 11th floor p.m., 11th floor Conference Center. LPM Technology Committee: meeting, ing, 12 p.m., 10th floor Board Room. Conference Center. Lunch: $7.50. 12 p.m., 11th floor Conference Center. Lunch: $8.50. Thursday, Nov. 13 Lunch: $7.50. Thursday, Nov. 27 Civil Rights Committee: meeting, 12 Disaster Planning Committee: meeting, Family Law Section Executive Commit- Thanksgiving: Bar Association offices p.m., 11th floor Conference Center. 8 a.m., 10th floor Board Room. tee: meeting, 11th floor Committee closed. Lunch: $7.50. DLSC Diversity Committee: meeting, Room South. Environmental Law Committee: meet- Friday, Nov. 28 8:30 a.m., 11th floor Conference Elder Law Committee: meeting, 1 p.m., ing, 12 p.m., 11th floor Committee Thanksgiving: Bar Association offices Center. 10th floor Board Room. Lunch: $7.50. Room South. Alternative Dispute Resolution Commit- closed. Chancellor’s Diversity Training Seminar: tee: meeting, 12 p.m., 11th floor Com- Register online for most events at philadelphiabar.org. Unless otherwise specified, all checks 4 p.m., 11th floor Conference Center. mittee Room South. Lunch: $7.50. for luncheons and programs should be made payable to the Philadelphia Bar Association and mailed to Bar Headquarters, 1101 Market St., 11th fl., Philadelphia, Pa. 19107-2955. Send Friday, Nov. 7 Legislative Liaison Committee: meeting, Bar Association-related calendar items 30 days in advance to Managing Editor, Philadelphia LGBT Rights Committee: meeting, 8:30 12:30 p.m., 10th floor Board Room. Bar Reporter, Philadelphia Bar Association, 1101 Market St., Philadelphia, Pa. 19107-2955. a.m., 11th floor Committee Room. Lunch: $7.50. Fax: (215) 238-1159. E-mail: [email protected].

Diversity Training

Dr. Sean Kathleen Lincoln, director of the Association’s Office for Diversity, meets with members of the Delivery of Legal Services Committee for a training seminar on Oct. 15. The session was the first in a series for the leadership of the public interest legal community. The first session focused on discussions on the definition and meaning of diversity, how biases impact individuals in the workplace and the different generations. Session two will focus on selected special topics in addition to recruitment and retention of diverse staff and board members. Ses- sion three will include DLSC staff and will again focus on diversity in the workplace and peer and colleague relationships. Photos by Jeff Lyons

philadelphiabar.org November 2008 Philadelphia Bar Reporter 21 Nancy Winkel- Kim R. Jessum, of man, a partner with counsel to Stradley People Schnader Harrison Ronon Stevens & Segal & Lewis LLP, Young, LLP, was was elected to the appointed as the Board of Directors of chair of the Ameri- Carol E. Tracy, Shari Shapiro, an the American Acad- can Bar Association executive director of associate with Ober- emy of Appellate Intellectual Property the Women’s Law mayer Rebmann Lawyers at the organization’s fall meet- Law Section’s 24th Annual Intellectual Project of Pennsyl- Maxwell & Hippel ing Sept. 18-20, 2008 in Portland, Ore. Property Law Conference. vania, received the LLP, led the roundta- 23rd Annual Mary ble discussion “Legal Emily J. Lawrence, a partner with Lynn A. Marks, executive director of Philbrook Public Considerations in Morgan Lewis & Bockius LLP, has been Pennsylvanians for Modern Courts, Interest Award from Green Building” named chair of the executive committee was honored at Living Beyond Breast Rutgers University-Camden School of as part of the 2008 Pennsylvania Green of Women’s Way. Cancer’s Butterfly Ball on Sept. 27. Law Women’s Law Caucus on Sept. 25. Growth Partnership Forum in Hershey. Michael Gross, a partner with Manko, Marjorie Stern Jacobs, of counsel to Michael Mattioni and Dawn M. Tancredi of Lynn E. Rzonca, managing partner of Bal- Gold, Katcher & Fox, participated in a Ballard Spahr Andrews & Ingersoll, LLP, Mattioni, Ltd., were speakers at the Na- lard Spahr Andrews & Ingersoll, LLP, was panel discussion on what sells in today’s has been invited to membership in The tional Business Institute’s Aug. 11 seminar elected to the Board of Directors of the housing market at the Building Industry Counselors of Real Estate, and now holds on Land Use Law. Pennsylvania Society for the Prevention of Association of Philadelphia’s 7th Annual the CRE Designation. Cruelty to Animals. Rzonca was a panelist Housing Conference on Sept. 17. Richard E. Wegryn, at the “Women in the Legal Profession Robert C. Clothier, a member of Cozen Summit: Rainmaking, Negotiating and William A. Stock, a partner with Klasko, a partner with Fox O’Connor, has been Collaborative Development,” held Sept. Rulon, Stock and Seltzer, was elected to Rothschild LLP, elected chair of the 17 at the Cira Centre. the Board of Directors of the American served as a panel- Board of Directors Immigration Lawyers Association at ist at the Historical of the Boys and Girls David E. Prewitt, of AILA’s recent annual meeting in Vancou- Society of Penn- Clubs of Philadel- counsel to Bennett, ver, Canada. sylvania’s seminar phia. Bricklin & Saltzburg “Protecting the First LLP, was a featured Jason E. Reisman, a partner with Ober- Amendment: Freedom of the Press and Charles J. Bloom and Neil C. Schur of speaker at the mayer Rebmann Maxwell & Hippel LLP, Reporter’s Privilege” on Oct. 22. Stevens & Lee authored the chapter Southern Method- was recently elected to the Philadelphia “Trends in Antitrust Law,” in the recently ist University Law Regional Board of the Anti-Defamation Jonathan S. Ziss of Margolis Edelstein released book, Antitrust Litigation Best School Air Law League. addressed the CPA Club of Wilmington, Practices: Leading Lawyers on Developing a Symposium in Dallas, where he discussed Del. on Sept. 24 on the topic of electron- Defense Strategy, Evaluating Settlement Op- “Replacement Parts for Aging General Philip J. Katauskas, of counsel to Se- ic discovery and data retention programs portunities, and Avoiding Common Client Aviation Aircraft – Liability of Overhaul manoff Ormsby Greenberg & Torchia, - new obligations and exposures. Mistakes, published by Aspatore Books. and Maintenance Facilities.” LLC, served on the member at a National Institute for Trial Advocacy CLE program Elizabeth L. Bennett, founder of Bennett Paul D. Keenan, a shareholder with Dorothy K. Phillips, on “Deposition Skills” at George Wash- & Associates, discussed ethics at the PBI Keenan Cohen & Howard P.C., ad- managing partner of ington University Law School in Wash- Seminar “The Second Season: Issues for dressed the IPC International Transporta- Dorothy K. Phil- ington, D.C. He published “Representing Divorce Over 50,” in Mechanicsburg, Pa., tion Expo in Fort Lauderdale on motor lips & Associates, the Non-Party Deponent Who Cares” in on Sept. 16. carrier freight contract issues on Aug. 12. LLC, was a featured the Summer 2008 issue of the American speaker at the Bar Association’s Journal of Litigation. Martin Belisario, a partner with Panitch Priscilla Mattison, of counsel to Bernard Sterling Education Schwarze Belisario & Nadel LLP spoke at M. Resnick, Esq., P.C., gave “An Over- seminar Family Law Robert Szwajkos of Curtin & Heefner the Fourth Annual Conference on Cur- view of Copyright Law” to the attendees Update on Sept. 24. LLP presented “Mediation: What’s in rent Issues in Complex IP Licensing on of the 2008 Pennsylvania Performing it for Lawyers and Clients?” at the 13th Sept. 11 at the Union League. Artists On Tour Roster Artists Retreat on Richard R. Har- annual Pennsylvania Bar Association Aug. 10. ris, a partner with Bankruptcy Institute on Oct. 16. George E. Martin, managing attorney Obermayer Reb- at Martin, Banks, Pond, Lehocky & Mark J. Dorval, a mann Maxwell & Robert I. Whitelaw, managing partner of Wilson, was recently inducted as a Fellow partner with Stradley Hippel LLP, served Obermayer Rebmann Maxwell & Hippel into The College of Workers’ Compensa- Ronon Stevens & as a member of LLP, has been elected vice president of the tion Lawyers. Young, LLP, has been the faculty for the Pennsylvania Chapter of the American elected as a member Pennsylvania As- Academy of Matrimonial Lawyers. nNames ARE NEWS of the Board of Di- sociation for Justice CLE course “Race, rectors of the Police Gender, Ethnicity: Dealing With Bias on Cynthia M. Philo, “People” highlights news of members’ Athletic League of Juries”on Sept. 18. president/CEO of awards, honors or appointments of a Philadelphia. the Old City Dis- community or civic nature. Information Michael E. Bertin, an associate with trict, presented at the may be sent to Jeff Lyons, Senior Manag- ing Editor, Philadelphia Bar Reporter, Stephen C. Goldblum, an attorney with Obermayer Rebmann Maxwell & Hippel International Down- Philadelphia Bar Association, 1101 Market Semanoff Ormsby Greenberg and LLP, served as the co-course planner and town Association’s St., 11th fl., Philadelphia, Pa. 19107-2955. Torchia, LLC, recently presented Fire at moderator of the Pennsylvania Bar Insti- Annual Conference Fax: (215) 238-1159. E-mail: reporter@ Will: Wrongful Termination in Penn- tute program “A Look Inside: 3 Experts in Calgary, Canada philabar.org. Color photos are also sylvania at the 14th annual Employment Discuss the Rorschach Test, Bricklin Test, regarding Balancing Nightlife in Core welcome. Law Institute. and the MMPI.” Downtown Communities on Sept. 13.

22 Philadelphia Bar Reporter November 2008 philadelphiabar.org

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