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The Monthly Newspaper of the Philadelphia Bar Association Vol. 43, No. 9 September 2014 Castille to Receive Bar Medal at Bench-Bar I By Jeff Lyons

NATIONAL CONSTITUTION CENTER TO HOST P Supreme Court Chief Justice Ronald D. Castille will receive the Philadelphia Bar Association’s highest honor, the Castille Bar Medal, at the Bench-Bar & Annual Conference on Friday, Oct. 17 at Borgata in Atlantic City, N.J. )e Bar Medal is given at the discre- tion of the Chancellor and only when it is felt that someone has contributed to the justice system and/or the community in a manner that is sustained, extraordinary and worthy of emulation. continued on page 10

Former Chancellor Heim to Receive Inaugural Pollak Award Nov. 8

I By Amy B. Ginensky Foundation’s mission of securing access to justice and Leslie E. John for all is far from accomplished and that there is much more required to be done by all of us. F. T    ’   We, the co-chairs of the event, along with Co- growth and accomplishments the Philadelphia Chair Albert S. Dandridge III, Chancellor-Elect Bar Foundation will be celebrating on Saturday, of the Philadelphia Bar Association, and our Philadelphia Bar Association Nov. 8 at the Andrew Hamilton Gala at the honorary chair, Harold Berger, whose brother Annual Gold Sponsors National Constitution Center. As befitting a David was the Foundation’s first president, hope 50th anniversary, the Foundation is planning on that you will attend or, if you cannot join us, to gathering a record number – 750, to be exact – otherwise show your support for the Founda- of lawyers and other supporters to mark the oc- tion in its 50th year. )e Foundation has played In This Issue casion. We are preparing to party like it’s 1964, a critical role in Philadelphia. It needs all of our with a great band, great food and great company. generosity to continue to do so for the next 50 years. )en, on 3 Bar Elections Above all, it will be a time to reflect on what the Foundation our centennial, we will reflect on all that has been accomplished 4 Law Star Game has accomplished, as a result of the support of thousands of – all of which we helped to make happen. individuals, law firms and other businesses, and to honor those What has the Foundation accomplished and what’s left to do? 10 New CLE Rules who have led the way. It will be a time to celebrate the public Fifty years ago, a small group of esteemed members of our Bar interest legal aid community, whose services have provided criti- formed the charitable arm of our legal community, the Philadel- 11 Bench-Bar Preview cal help to thousands of Philadelphians, and to recognize that the continued on page 22 2 Philadelphia Bar Reporter September 2014 philadelphiabar.org Frontline

Editor-in-Chief September: These Precious Days Heather J. Austin, Esq. S   By William P. Fedullo a Business; Privacy v. Associate Editors )ere are a few reasons Security; Dealing with However, while Regina Parker, Esq. why this month is signifi- Disasters; International Thomas L. Bryan, Esq. cant for us. Let me begin Discovery and much Philadelphia continues Julia Swain, Esq. Angie Halim, Esq. by noting it is with great more. It is meaningful to to grow and flourish, Mary-Kate Breslin, Esq. honor and pride that the me that our colleagues Benjamin F. Johns, Esq. Philadelphia Bar Associa- around the world are we also must focus on Annie Kelley, Esq. tion has been selected to most interested in our Ac- James R. Nixon Jr., Esq. our most significant Lauren A. Strebel host the 9th World City cess to Justice initiative. Amanda Dougherty, Esq. Bar Leaders Conference, If you are not aware, weakness. Public edu- Elisa C. Advani, Esq. which will take place the World City Bar Lead- cation continues to be Sept. 10-13. ers Conference is held in Advisory Editor our Achilles heel. Molly Peckman, Esq. While the Confer- a different city approxi- ence is for leaders of metropolitan bar mately every 18 months to share best Senior Managing Editor, associations from all over the world, practices and provide new insights for the Publications there are a handful of delegates from the profession, while making and strengthen- education continues to be our Achilles Jeff Lyons Philadelphia Bar Association who have ing international contacts. )e last three heel. As we are hearing and reading every Director of Communications worked hard to put together meaningful Conferences were held in Frankfurt, day in the news, there was no assurance and Marketing programming and events for our guests. Montreal and Tokyo, respectively, and that our schools would open in Septem- Meredith Z. Avakian-Hardaway I’d like to especially thank former Chan- we are delighted to bring it back to the ber due to lack of funding. As it stands Executive Director cellors Rudy Garcia and Scott Cooper as United States. today, our schools will be faced with Mark A. Tarasiewicz well as Chancellor-Elect Al Dandridge for As Philadelphians, we can understand drastic cutbacks that will affect the quality helping to make this Conference possible. how special it is to be selected as the host of education in our city. We must strive The Philadelphia Bar Reporter (ISSN 1098- 5352) is published monthly and available by In addition, special thanks to Buchanan city and we intend to show our guests for full funding of public education. How subscription for $45 per year by the Philadel- Ingersoll & Rooney PC and Schnader that our city is a warm, vibrant place to else will we provide our future workforce phia Bar Association, 1101 Market St., 11th Harrison Segal & Lewis LLP for hosting live and work. From the history of our with a world-class education? Despite !oor, Philadelphia, PA 19107-2911. Periodicals postage paid at Philadelphia, PA POSTMASTER: the daytime meeting portions of the 2014 legal profession to the bustling businesses having a wonderful superintendent who Send address changes to Philadelphia Bar Re- World City Bar Leaders Conference. and restaurants to our sports teams (this has been working tirelessly to fight for our porter, c/o Philadelphia Bar Association, 1101 From the informative daytime sessions year especially our Taney Little League students and to achieve full funding for Market St., 11th !oor, Philadelphia, PA 19107- 2955. Telephone: (215) 238-6300. Association at local law firms to the fun and cultural team), there is something for everyone. our schools, we are not close to where we Web site: philadelphiabar.org. Newspaper e- evening activities, we couldn’t think of It is obvious that our city is a world-class need to be to provide the next generation mail address: [email protected]. The edi- torial and other views expressed in the Phila- a more fitting location for bar leaders city, in that we attract national conven- with the proper education it deserves. delphia Bar Reporter are not necessarily those from around the world to gather and tions and conferences such as the World We will be hosting an Education Sum- of the Association, its of"cers or its members. share ideas, to learn from one another, City Bar Leaders Conference. We have mit on Oct. 9, where you will hear from Advertising rates and information are available from Don Chalphin at American Lawyer Media, network and discuss the future of the a vibrant entrepreneurial spirit that pro- Superintendent Dr. William R. Hite Jr. 1617 JFK Boulevard, Philadelphia, PA, 19103. legal profession. In addition, some of the vides opportunities to improve our city as well as other champions for change Telephone: (215) 557-2359 or e-mail dchal- topical and meaningful programming we on a daily basis. in how our public education system is [email protected]). Page 1 skyline photo by Edward Savaria, Jr./PCVB have in store for Conference participants However, while Philadelphia continues funded. In the meantime, Our Support includes: Access to Justice; Judicial and to grow and flourish, we also must focus Our Schools Campaign is still underway. Attorney Ethics and Discipline; Law as on our most significant weakness. Public continued on page 16

Tell Us Bar Election Filing Deadline is Oct. 10 What You Think! T P B A solicited are Vice Chancellor, Secretary, for candidates for Vice Chancellor, shall The Philadelphia Bar Reporter has formed its Elections Committee. Treasurer, Assistant Secretary, Assistant be signed by at least 100 members who welcomes letters to the editors for Chaired by Immediate-Past Chancellor Treasurer and five seats on the Board are entitled to vote. publication. Letters should be typed. Kathleen D. Wilkinson, it consists of of Governors. Each Board seat carries a Individuals who wish to run for any of There is no word limit, but editors Edward F. Beitz, Butler Buchanan III, three-year term. the above named offices should contact reserve the right to condense for Lawrence S. Felzer, Regina M. Foley, Association members may become Susan Knight, CFO and director of ad- clarity, style and space considerations. Rachel E. Kopp, Sophia Lee, Aneesh A. candidates for any of these offices by fil- ministration, at [email protected] for Letters must be signed to verify Mehta, Ourania Papademetriou, Amber ing with the Secretary by Oct. 10, 2014 additional information. Signatures, along authorship, but names will be withheld upon request. Letters may be mailed, M. Racine, James A. Rocco III, Gina (at least 60 days prior to the Dec. 9, 2014 with a resume and written authoriza- faxed or e-mailed to: Jeff Lyons, Senior Furia Rubel, Louis S. Rulli and Eric H. Annual Meeting) nominations in writing tion, should be submitted to Association Managing Editor, Philadelphia Bar Weitz. Chancellor William P. Fedullo, which, for candidates of the Board, must Secretary Jacqueline G. Segal, c/o Susan Reporter, Philadelphia Bar Association, Chancellor-Elect Albert S. Dandridge be signed by at least 25 members who are Knight, Philadelphia Bar Association, 1101 Market St., 11th !oor, Philadel- III, Vice Chancellor Gaetan J. Alfano entitled to vote; for candidates for Secre- 1101 Market St., 11th Floor, Philadel- phia, PA 19107-2955. Phone: (215) and Secretary Jacqueline G. Segal serve tary, Treasurer, Assistant Secretary and As- phia, PA 19107, no later than 5 p.m., 238-6345. Fax: (215) 238-1159. E-mail: as ex-officio members. sistant Treasurer, shall be signed by at least Friday, Oct. 10, 2014. [email protected]. Offices for which candidates are being 35 members who are entitled to vote; and philadelphiabar.org September 2014 Philadelphia Bar Reporter 3 Law Star Game to Benefit Bar Foundation I By Jeff Lyons

T      T YLD L Star Game with !e Legal Intelligencer featuring Firm Counsel vs. In-House Counsel on Wednesday, Oct. 1 at Campbell’s Field, home of the Camden Riversharks. )e event benefits the Philadelphia Bar Foundation, celebrating its 50th anniversary. )ere’s not a bad seat in the ballpark, with amaz- ing views of the Philadelphia skyline, Ben Franklin Bridge and River. Between innings, kids can compete in tug of war, run the bases with Riversharks mascots Hammer- head and Finley, participate in dodge ball toss and potato sack races. Friends, families and kids of all Campbell’s Field, home of the Oct. 1 Law Star Game, features views of the Ben Franklin Bridge as well as the Center City skyline. ages can take part in the speed pitch, carousel and Kid Zone including a moon bounce, rock-climbing wall, inflatable Skee-Ball, and inflatable sports chal- lenge (football toss, soccer kick and basketball shot). At the beginning of each sponsored inning, a lucky spectator will be selected to win a great prize. Souvenirs will be launched to fans with Riversharks slingshot toss. Fans and team members can also compete in a Home Run Derby where the winner takes 50 per- cent of the proceeds and the other 50 percent goes to the Philadelphia Bar Foundation. For fans 21 and over, admission is $15 and in- cludes a choice of a jumbo hot dog, chicken fingers, or hamburger and includes chips, a soda and one beer. For attendees under 21, admission is free but no food voucher is included. An optional food/drink voucher for those under age 21 is available for $8 and includes a choice of a jumbo hot dog, chicken fingers or hamburger and includes chips and a soda. Concessions will be open to purchase additional items during the game. Bus transportation to and from Campbell’s Field is also available for $5, with pickups at 5 p.m. and 6 p.m. on 12th Street between Filbert and Mar- ket streets, next to the Marriott. Buses will return following the fireworks at the end of the game. Registration is required for bus transportation. )e In-House Counsel team, managed by LLP, includes players from AmeriHealth Caritas, DC Consulting, Johnson Matthey, Inc., Firm Team Players: In-House Counsel In-house Counsel AMTRAK, Open Systems Technologies, Inc., Pen- Team Players: Team Manager: LLP ske, Inc., PHH Mortgage Corporation, QlikTech, AmeriHealth Caritas Dechert LLP Cozen O’Connor Inc., SAP America, Inc., Sunoco, Inc., Teleflex, )e DC Consulting Graham Company and Title Resource Group, Inc. Fox Rothschild LLP Umpires: Johnson Matthey, Inc. )e Law Firm team, managed by )e Center German, Gallagher & Murtagh, ADR Options, Inc. P.C. National Railroad Passenger for Forensic Economic Studies, includes players Corp. (AMTRAK) from Blank Rome LLP; Cozen O’Connor; Fox Martin LLC Home Run Derby Open Systems Technologies, Inc. Sponsor: Rothschild LLP; German, Gallagher & Murtagh, McCarter & English LLP Penske, Inc. Thomson Corporate Division P.C.; Martin LLC; McCarter & English LLP; Montgomery McCracken Walker & Rhoads, LLP PHH Mortgage Corporation Montgomery McCracken Walker & Rhoads, LLP; Ticket Pricing: LLP; Post & Schell, P.C.; Saltz, Pepper Hamilton LLP QlikTech, Inc. Mongeluzzi, Barrett & Bendesky, P.C.; and White SAP America, Inc. 21 and Older - $15.00 Post & Schell, P. C. and Williams LLP. Under 21 - Free Saltz, Mongeluzzi, Barrett & Sunoco, Inc. )e gates at Campbell’s Field open at 5 p.m. with Bendesky, P.C. full access to all ballpark activities. )e Home Run White and Williams LLP The Graham Company Derby begins at 5:30 p.m. and the seven-inning Law Star Game begins at 6:30 p.m. A fireworks display Tickets Available at philadelphiabar.org will follow the final out. For ticket and ballpark activity information, visit philadelphiabar.org.

4 Philadelphia Bar Reporter September 2014 philadelphiabar.org YLD/The Legal Intelligencer Law Star Game Rosters YLD Firm Counsel DELVACCA In-House Counsel

ADAM M. BERARDI MARCIE A. COURTNEY BENJAMIN J. EICHEL TODD A. BOROW DEBBIE A. CARLOS DIANE P. CARMAN White and Williams LLP Post & Schell, P.C. Pepper Hamilton LLP AmeriHealth Caritas Sunoco, Inc. DC Legal and Compliance Consulting

LISA D. ELDRIDGE DANIELLE K. GARDNER CHILTON G. GOEBEL KEVIN M. CHU MICHAEL A. DUFF JIMMIE JOHNSON Martin LLC White and Williams LLP German, Gallagher & SAP America, Inc. Penske, Inc. Johnson Matthey, Inc. Murtagh, P.C.

ALEXANDER D. GONZALEZ DANIELLE M. KARCICH DAVID J. LANGSAM RONALD A. KATCHER MATTHEW E. LEVINE JOSEPH NULLMEYER Pepper Hamilton LLP McCarter & English LLP Saltz, Mongeluzzi, QlikTech, Inc. Sunoco, Inc. Open Systems Barrett & Bendesky, P.C. Technologies, Inc.

JOHN G. PAPIANOU JESSICA L. RICHMAN MATTHEW RIFINO PETER PRINSEN JUSTIN RICCI KEVIN A. SACHS Montgomery McCracken Montgomery McCracken McCarter & English LLP The Graham Company QlikTech, Inc. Title Resource Group, Walker & Rhoads, LLP Walker & Rhoads, LLP Inc.

SANDRA LEE ROSENBERG JEFFREY N. ROSENTHAL A. BRYAN TOMLINSON ROBIN E. SEIFERT DANIEL R. SLAWE DORIA K. SUTTON Saltz, Mongeluzzi, Blank Rome LLP Post & Schell, P.C. Tele"ex SAP America, Inc. PHH Mortgage Barrett & Bendesky, P.C. Corporation Enter Law Star Game Home Run Derby at Campbell’s Field D      A split between the hitters with the most from home plate. )e Home Run )e Law Star Game, both fans and home runs. )e winner will receive Derby will be held from 5:30 to 6:30 team members can enter to compete 50 percent of the entry fee pool, with p.m. Participants are asked to arrive in the Home Run Derby. the remaining 50 percent going to the at Campbell’s Field by 5 p.m. for Each participant will get five swings Philadelphia Bar Foundation in honor the competition. Only 20 spots are and the hitter with the most home of its 50th Anniversary. )e Home available for the Home Run Derby. CHRISTOPHER M. VARANO LAUREN WINCHESTER runs is the winner. If there is a tie and Run Derby entry fee is $25. Register for the Home Run Derby Fox Rothschild LLP Fox Rothschild LLP time permits, a tie-breaker will be Hitters will swing against a live and purchase tickets for the Law Star held, otherwise the winnings will be pitcher, with the fences 300 feet Game at philadelphiabar.org. philadelphiabar.org September 2014 Philadelphia Bar Reporter 5 WOMEN IN THE PROFESSION COMMITTEE Articulate Your Personal Brand in Workplace

I By Mary-Kate Breslin “We are al- women to invest in One tool in particular that Rice en- ways interacting themselves, and lever- couraged the attendees to use is feedback; T      in our workplace,” Podcast age the many tools specifically the solicitation of feedback. with a colleague, client or supervisor ask she continued. If Spotlight available to women “Attorneys are somewhat loath to … seek yourself the following question: How women can “make that can help build feedback,” she quipped. She suggested does this person perceive me? When a little tweak in our Visit philadelphiabar.org for a pod- confidence. Rice used getting feedback from clients regularly. cast from this Bar Association event. conducting yourself in the workplace, communication … the attendees as her Whether it is a lunch, a questionnaire or consider the way you communicate with you can have more example; here were a survey, some form of solicited feedback others. Studies have shown that only a positive results and women who chose can make a difference in generating future small percentage of communication is communicate more Use your to invest in them- business and referrals. QR code comprised of the actual words you use. clearly.” A personal reader to link selves and attend A legal marketing authority, Rice is also )e large majority of communication brand represents an directly to the Women in the editor-in-chief of ALM’s “Marketing the consists of non-verbal cues, and tone of individual’s promise this resource. Profession Commit- Law Firm,” a national monthly newslet- voice. of consistent value tee meeting to learn ter for )e AmLaw 100/200 lawyers and “Refined communication skills is not and quality. Build- about improving legal marketers. “You need a solid footing a destination, it is a journey and it is in- ing a personal brand their personal brands. of how you know yourself and how you termingled with our personal branding,” creates the essence of what that individual “Develop a marketing mindset,” Rice perceive yourself before you can ask oth- said Kimberly Alford Rice, principal of can provide to clients and employers suggested. “)e mindset is as important ers to perceive and experience you,” Rice KLA Marketing Associates. Rice was the alike. One method of building a personal as the skill set of developing our personal said. She promised “your personal brand featured speaker at Women in the Profes- brand in the workplace is to share. Rice brand.” In the context of developing a is a lifelong adventure.” sion Committee meeting on July 29. She recommended sharing resources among personal brand in the workplace, it is im- led an interactive discussion on personal colleagues and peers. Go beyond sharing portant to note that an individual’s brand Mary-Kate Breslin (marykatebreslin39@ branding in the workplace and in life. on a personal level, and consider sharing will likely vary among the workplace and gmail.com), an assistant city solicitor in the Rice advised attendees regarding the networking resources as well. other networks. Rice highlighted the im- Philadelphia Law Department, is an associate importance of building a personal brand “Often women are plagued with self portance of consistently expanding one’s editor of the Philadelphia Bar Reporter. and being able to articulate it concisely. doubt,” lamented Rice. She encouraged network(s).

6 Philadelphia Bar Reporter September 2014 philadelphiabar.org Technology Changing Layouts of Law Offices I By Elisa C. Advani Of!ces were once useful to know who was com- Podcast O        evolving, with technological advances ing to work and how many hours they were work- Spotlight changing the landscape of the tradi- ing. But now that technology facilitates working Visit philadelphiabar.org for a pod- tional law office. Carol G. Huff of Huff cast from this Bar Association event. Equities and John Gattuso of Liberty remotely, people are coming together because they Property Trust discussed trends in office want to – not because they have to. real estate at a recent X, Y, Z’s of Real Use your Estate program. QR code Real estate used to be the second high- reader to link est cost after salaries in law firms, but “we directly to are at a point in time of great evolution, who was coming to work and how many layouts such as the new GlaxoSmithKline this resource. largely because of technology,” said Huff. hours they were working,” said Gattuso. (GSK) location at the Navy Yard and the Having prime office location is now more But now that technology facilitates work- building that is in the works. of a liability than an asset. After all, law ing remotely, Gattuso explained, “people Office architecture is showing a prefer- communications are more advantageous. offices are income-generating businesses. are coming together because they want to ence for communal space versus private )e individual entrepreneur is not “Maximizing economics will help law – not because they have to.” individual offices. )e open floor plan going to exist in the same way we have firms work more efficiently, keep their cli- “Technology is the driving force environment at GSK, for instance, led seen before. “Team space is going to be ents, and bring in new clients,” she said. behind these real estate trends,” Huff said. to a reduction in inter-office email by 40 a driving feature,” said Huff. )ese new Huff pointed out that the average square By being more flexible, Gattuso said, law percent. Gattuso explained that face-to- real estate trends promote the exchange of footage allocated to senior partners, firms are able to draw from a larger talent face communications are more effective ideas that will ultimately lead to the best partners and associates has been reduced pool. )ese changes affect the amount of and less prone to misunderstandings that answers for law firm clients. across the board. With less money spent square footage of attorney offices as well might occur via email. One audience on rent, law firms have more money as where attorneys are meeting with their member expressed concerns that for a law Elisa C. Advani, an associate with Haggerty, in the budget for new technologies to clients. Interacting socially might be more office, open floor plans might infringe Goldberg, Schleifer & Kupersmith, P.C., is facilitate teleconferencing and working productive than working solely out of an on confidentiality. )e new layouts an associate editor of the Philadelphia Bar remotely. isolated office. should still include some private space for Reporter. “Offices were once useful to know )e panel discussed innovative office confidentiality, but overall face-to-face

philadelphiabar.org September 2014 Philadelphia Bar Reporter 7 Board Observer Program Honored YLD Seeks Candidates T Y L D    - nations from any voting member of the YLD interested in serving a three-year term on the Executive Committee. )is year’s YLD Executive Committee election will take place on Tuesday, Dec. 9. For those wishing to learn more about the YLD and the election process, an information session will be held on Mon- day, Sept. 22 at 1 p.m. in the 11th Floor Conference Center of the Philadelphia Bar Association, 1101 Market St. )is is a free event for members of the YLD. However, registration is required in advance. Each year, seven new members are elected to the YLD Executive Committee. Any voting member of the YLD is eligible for election provided that the term of office for which the individual runs shall not extend beyond his or her membership in the Division. A member is eligible if he/ she is 37 years old or younger in the year 2017 or, if he/she is older than 37, not celebrating more than his/her third year of practice in 2017. )e Executive Committee manages and directs the business and activities of the YLD’s approximately 3,000 members, including oversight of more than 30 committees in the areas of public service, law-related education and service to the legal community. Being on the YLD Executive Committee Photo by Meredith Avakian-Hardaway Meredith by Photo In partnership with LexisNexis, the National Conference of Bar Foundations honored the Philadelphia provides lawyers opportunities for leadership, networking, and Bar Foundation, and the Philadelphia Bar Association’s Young Lawyers Division and Delivery of Legal personal and professional growth early in their careers. Services Committee for their Board Observer Program. The program matches young attorneys as ob- )e nominating petition and personal statement must be servers with nonpro#t boards so the attorneys can gain nonpro#t governance skills and exposure to the returned to Dawn Petit, Meetings Coordinator, Philadelphia legal services organizations. Pictured from left are Courtney Ward-Reichard, immediate-past president of the National Conference of Bar Foundations, Chancellor William P. Fedullo, Philadelphia Bar Founda- Bar Association, 1101 Market Street, 11th Floor, Philadelphia, tion President Deborah R. Gross and Philadelphia Bar Association Executive Director Mark Tarasiewicz. PA 19107 or [email protected], no later than 3 p.m. on The award was presented at the NCBP/NABE/NCBF Joint Awards Luncheon in Boston on Aug. 8. Friday, Oct. 10.

8 Philadelphia Bar Reporter September 2014 philadelphiabar.org YLD Update Law Star Game, Boot Camp Coming this Fall T Y L  By Edward F. Beitz students. )ese distin- Division is looking guished members of the forward to a busy and bench share useful in- exciting fall lineup sight for young attorneys of programming and on good habits for suc- events. Right off the cessful lawyers, common bat (pun intended), the mistakes to be avoided, YLD and )e Legal In- and usually a good story telligencer are presenting or two. )e YLD Boot )e Law Star Game at Camp is capped off with Campbell’s Field, home a lively networking event of the Riversharks, in and happy hour. Details Camden, N.J. will be announced soon! )is event will take place on Wednes- Also in November, the YLD will orga- day, Oct. 1 at 5 p.m. and will feature the nize its annual Harvest for the Homeless, YLD’s Family Night celebration, part collecting coats, pants, shirts, shoes and Photo by Jeff Lyons Jeff by Photo of our continuing efforts to bring Bar other clothing and necessities for the less Danielle DeRosa (from left), YLD Chair Edward F. Beitz and YLD Chair-Elect Association members and their families fortunate in the Philadelphia area. )e Maria E. Bermudez show off some of the school supplies collected for the YLD’s together for an affordable and fun way to details of Harvest for the Homeless are second annual Back to School Supply Drive at an Aug. 20 happy hour at Mara- socialize and relax. As I have mentioned still being worked out, and the dates for thon Grill. The items will be donated to students in economically challenged areas of the city. The event was co-sponsored by the Workers’ Compensation in prior updates, this family friendly event collection and distribution will be an- Section and Robson Forensic. at Campbell’s Field will feature a carousel, nounced shortly. Harvest for the Home- speed pitch machine, fireworks, games, less is a great way to lend a hand to those to donate sorely needed books, pencils contribution was deeply appreciated. prizes and a lot more. Remember, the in need, while getting to know other and other school supplies that many of us Law Star Game is not limited to YLD attorneys in the region. took for granted when we were children. Edward F. Beitz (beitze@whiteandwilliams. members. We encourage participation Young lawyers should be aware that I thank everyone who came out for the com), an associate with White and Williams throughout the Philadelphia legal com- the YLD will elect new members to its event on Aug. 21 at Marathon Grill. Your LLP, is chair of the Young Lawyers Division. munity and beyond, and it is our hope to Executive Committee in December. Any- bring families together from varied and one interested in running, or who have diverse backgrounds for this celebration. questions about the process, should feel )e YLD Boot Camp returns on free to contact me. )ere will also be an Friday, Nov. 14 and will be held from 12 information session about YLD Executive to 5 p.m. at the Bar Association at 1101 Committee elections on Monday, Sept. Market St. )e annual YLD Boot Camp 22 at 1 p.m. at the Bar Association (10th features a panel of distinguished speakers Floor). on the topics of interview skills, solo and I would be remiss if I did not recognize small firm practice, and surviving your the YLD’s recent school supply drive. first year as a new attorney. One of the For the past two years, this event has highlights of this program is the “Advice been shepherded by YLD Chair-Elect from the Bench” panel, which consists Maria Bermudez, and it continues to be of state and federal judges, both trial and a popular and successful program. Given appellate, who kindly volunteer their the state of the city’s schools and funding time to help mentor young attorneys and problems, the YLD is happy to be able

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philadelphiabar.org September 2014 Philadelphia Bar Reporter 9 2 Ethics CLE Credits Now Required in Pa. Castille continued from page 1 T A  A  Many CLE courses include one hour credits toward either her 2014 or 2015 deadlines for CLE credits have passed of ethics training related to that field requirement. Chief Justice Castille has a long his- and attorneys with those deadlines may of practice. PBI offers a group of one- PBI simulcasts to bar associations and tory of supporting and promoting public have put their CLE requirement out of hour ethics courses near the end of each other facilities around the Common- service. He is the honorary chair of the mind for another year. Recent changes to compliance period under the title Ethics wealth are not subject to this “cap” on Civil Legal Justice Coali- the CLE Rules make that a bad strategy. Potpourri. Keep the new rule in mind to distance education credits. )ey combine tion, which is a statewide coalition of In January, the Supreme Court made avoid getting an unpleasant reminder and the convenience of local programming leaders from the Philadelphia, Allegheny two changes: possible fine after your 2015 deadline. with quality instruction by statewide County, Dauphin County and Penn- t"UUPSOFZTBSFOPXSFRVJSFEUPIBWFBU )e distance education changes offer experts. Time spent in these outstand- sylvania Bar Associations; representa- least two ethics credits every year; and 24/7 convenience in meeting the CLE ing seminars will help satisfy your full tives of the public interest community; t"UUPSOFZTIBWFQFSNJTTJPOUPVTFVQ requirement, but there is a nuance in that 12-credit requirement and can be carried and other key stakeholders who work to six distance education credits to satisfy change, too. “Distance education” credits, forward to two future years. to address the growing crisis in unmet the annual 12-credit requirement. as defined by the CLE Rules, do not, like Live webcasts, on the other hand, are civil legal services needs for low-income )e changes became effective for other credits, carry over to subsequent subject to the six-credit cap. CLE “bun- Pennsylvanians. CLE compliance periods beginning May years. For example, an attorney who dles” available from some national online “)e Bar Medal criteria define what 1, 2014, meaning that the new ethics viewed six hours of CLE from PBI’s On- providers may offer credits that will not Justice Castille has been. Not just as chief requirement will be enforced for compli- line Campus before her deadline in 2014 be available to satisfy the Pennsylvania justice and district attorney and assistant ance periods ending April 30, 2015. will not be able to count two of those CLE requirement. district attorney. He’s had an extraordi- nary career,” said Chancellor William P. Fedullo. “His efforts in the civil justice access field are of recent note. His efforts September CLE Calendar to get the Family Court building done These CLE programs, cosponsored by the Philadelphia Bar Association and under budget have also been extraor- will be held at The CLE Conference Center dinary,” said Fedullo. Wanamaker Building, 10th Floor, Suite 1010, Juniper Street entrance “He has approached his job with cour- unless otherwise noted. age and dignity and a focus we should all emulate.” Chief Justice Castille served in the U.S. Marine Corps as first lieutenant, rifle platoon commander, in Vietnam Live & Simulcast Seminars Video Seminars and received the Bronze Star Medal with 3EPT s !CT .EW0OWEROF!TTORNEY,AW 3EPT s 7RITINGFOR,AWYERS Combat “V” for bravery, two Purple 3EPT s 0HILADELPHIAAND#OMMONWEALTH4AXES 3EPT s %VIDENCEFOR4RIAL,AWYERS Heart Medals, Vietnamese Cross of Gal- 3EPT s 7HAT0ENNSYLVANIA,AWYERS.EEDTO+NOW!BOUT 3EPT s 3HERIFFS3ALESIN0ENNSYLVANIA lantry, Presidential Unit & Naval Unit .EW*ERSEY%MPLOYMENT,AW 3EPT s 7INNINGAT4RIAL Citations and Combat Action Ribbon. s 4HE3UPREME#OURTS2OBINSON4OWNSHIP$ECISION 3EPT s 4HE&EAR&ACTORˆ(OW'OOD,AWYERSGETINTO"AD%THICAL4ROUBLE He was an assistant and deputy district 3EPT s 4HE%THICS'AME 3EPT s %THICS0OTPOURRIn!N/LD $EAD0OETS4AKEON*USTICE -ERCY 3EPT s )MMIGRATION,AW&ORUM 'ETTING-INE!,AWYERS,IFEAND4HE-ERCHANTOF6ENICE attorney in Philadelphia from 1971 to 3EPT s ,ITIGATINGAN%MPLOYMENT$ISCRIMINATION#ASE 3EPT s $RAFTING-ODIFYING2ESIDENTIAL!GREEMENTSOF3ALES 1985 and served as district attorney from 3EPT s (OWTO0REPARETHE&IDUCIARY)NCOMEAND$ECEDENTS&INAL s )NSURANCE#OVERAGEAND#ONmICTS$UTIESOF)NSURER )NSURED 1986 to 1991. He served as a justice of ,IFETIME)NCOME4AX2ETURNS AND#OUNSELINTHE4RIPARTITE2ELATIONSHIP the Pennsylvania Supreme Court from 3EPT s 'ET/RGANIZEDAND'ET4HINGS$ONE 3EPT s 4HE.INE0RINCIPLESOF,ITIGATION 1994 to 2007 and was sworn in as chief justice in 2008. Chief Justice Castille has 3IMULCASTSFROM0,) received numerous honors throughout Save yourself the time and expense of an overnight trip to New his career, including the Philadelphia Bar York City, and take advantage of the specialized educational Distance Education — Live Webcasts Association’s William J. Brennan Distin- programs for which PLI is famous. Live Webcasts guished Jurist Award in 2013. 3EPT  s TH!NNUAL%STATE0LANNING)NSTITUTE If you can’t watch it live, sign up now & get credit when you watch it later (you’ve got 3 months after the webcast date). Some previous recipients of the 3EPT s (EDGE&UND-ANAGEMENT Philadelphia Bar Association Bar Medal 3EPT s 7HITE#OLLAR#RIME0ROSECUTORS2EGULATORS3PEAK Online CLE 3EPT s %LECTRONIC$ISCOVERY)NSTITUTE7HAT#ORPORATE/UTSIDE Delivered over the Web at your convenience. We call this 24/7 CLE. When you include U.S. Sen. Arlen Specter, Gov. #OUNSEL.EEDTO+NOW course that meets your needs: a recording of a seminar, with the materials in Edward G. Rendell, Gov. Tom Ridge, convenient searchable PDF format. Start it today, watch some tomorrow and Pennsylvania Supreme Court Justice more in the coming weeks. Finish it within three months, and get credit when you’re done. Ralph J. Cappy, )ird Circuit Court of Mark Your Calendar Appeals Chief Judge A. Leon Higgin- 3EPT s 7HAT%VERY-UNICIPAL,AWYER.EEDSTO+NOW!BOUTTHE botham Jr., U.S. District Court Judge 3UPREME#OURTS2OBINSON4OWNSHIP$ECISION /CT s TH!NNUAL&AMILY,AW5PDATE Charles R. Weiner, Judge Arlin Adams, /CT s TH!NNUAL"ANKRUPTCY)NSTITUTE 3EPT s (OWTO0REPARETHE&IDUCIARY)NCOMEAND$ECEDENTS&INAL .OV s TH!NNUAL"USINESS,AWYERS)NSTITUTE ,IFETIME)NCOME4AX2ETURNS Philadelphia Court of Common Pleas .OV s 4HIRD!NNUAL"EST0RACTICESIN0RETRIAL,ITIGATION 3EPT s )MMIGRATION,AW&ORUM President Judge Alex Bonavitacola, INTHE&EDERAL#OURTS 3EPT s ,ITIGATINGAN%MPLOYMENT$ISCRIMINATION#ASE Temple University President Peter J. 3EPT s !CT .EW0OWEROF!TTORNEY,AW $EC  s TH!NNUAL2EAL%STATE)NSTITUTE - 0!#ONVENTION#ENTER Liacouras, former Chancellor Harold Cramer and J. Clayton Undercofler. )e Bar Medal will be presented at the www.pbi.org 800-932-4637 Opening Luncheon of the Bench-Bar & Annual Conference on Friday, Oct. 17 at Borgata in Atlantic City, N.J. Registra- tion is available at philabenchbar.com.

10 Philadelphia Bar Reporter September 2014 philadelphiabar.org PULL-OUT GUIDE

BORGATA | ATLANTIC CITY OCTOBER 17-18, 2014 PHILABENCHBAR.COM

State Civil Litigation Section

Family Law Section

Workers’ Compensation Section philadelphiabar.org September 2014 Philadelphia Bar Reporter 11 Earn 8.5 Credits, Choose from 22 CLE Seminars T-   must show that the defendants acted with phia Court of Common Pleas, Trial Divi- legal education (CLE) programs from a “actual malice.” )e Supreme Court’s sion, Civil; Hon. Pamela Pryor Dembe, wide variety of legal disciplines will be motivating concern in adopting and re- Philadelphia Court of Common Pleas, Bench-Bar featured at the Bench-Bar & Annual peatedly reiterating this standard over the Trial Division, Civil; A. Roy DeCaro; and Conference on Friday Oct. 17 through past 50 years is to ensure that the public Daniel J. Sherry. Scholarships Saturday Oct. 18 at Borgata in Atlantic and the press are not chilled from criticiz- False Claims Act or Whistleblower City, N.J. ing and commenting on public officials, are Available Litigation: What Every Practitio- )e Bench-Bar & Annual Conference public figures and government activities, S    ner Must Know About This Con- provides attendees the opportunity to out of fear of a defamation suit. Does it Bench-Bar & Annual Conference, stantly Developing Area of the Law earn CLE credit while networking with truly ensure that the fear of a defamation Oct. 17-18 at Borgata in Atlantic (Presented by the Federal Courts colleagues and members of the judiciary. suit, including the costs of defending City, N.J., are available by lottery Committee) Hundreds of attorneys and judges are against it, does not chill the press and the to Philadelphia Bar Association expected to attend. Highlights include public from speaking? During this CLE, Nationally known practitioners in members who are public interest or Friday night’s Swanky Soiree at Borgata’s panelists with views and experience across the area of federal and state False Claims government service attorneys. MIXX nightclub and Saturday’s State the spectrum will share and debate these Act litigation will provide the Bench-Bar To enter the lottery, please sub- of the Courts program featuring reports issues, which remain as relevant today as audience with years of unprecedented mit your name and organization to from Pennsylvania and Philadelphia presi- they were when New York Times v. Sul- litigation experience and insight into Dawn Petit at [email protected] dent judges. livan was decided 50 years ago. the unique, often confusing, and always by 4 p.m. on Monday, Sept. 15. Course Planners: Su Ming Yeh and evolving, area of qui tam or whistleblower Each scholarship will include hotel The Ethics of Covering a Moving Phoenicia Williams. Faculty: Pennsylva- litigation. )e federal government has accommodations for one night on Media Target (Presented by the nia state Sen. Larry Farnese, Geoffrey R. recovered more than $39 billion since Oct. 17 at Borgata as well as all Bar-News Media Committee) Johnson, Mary Catherine Roper (mod- 1986. )e Philadelphia federal bench conference fees which include CLE Jodi Arias, George Zimmerman, Don- erator) and Eli Segal. along with some Bar members have programming and all sponsored ald Sterling, Malaysia Airlines Flight 370, handled historic False Claims Act cases meals and events. Dirty Tricks in Domestic Relations and the South Korea ferry disaster are just since the passage of the Modern False )e winners will be announced (Presented by the Family Law Sec- a few of the moving media targets with Claims Act in 1986. Areas to be covered on Sept. 16 via email. You must be tion) which we are all familiar. While news by the panel include an overview of the a member of the Philadelphia Bar media and law are separate areas of busi- With emotions running high, some federal and state False Claims Act statutes; Association to participate in the ness, the court of law and court of public family law litigants play games that make the unique procedural postures of these scholarship lottery. opinion overlap in theory and in practice. the other party’s life, and sometimes the complex cases; how these complex cases Members of the media are often lives of their children, miserable. Exam- are prepared and litigated; some of the charged with covering a story with very ples include profane texters, video record- pitfalls involved in this unique litigation; LGBT community; and mentoring. little detail to go on. )e overarching ings of custody exchanges, email bullies, working with the federal and state gov- Course Planners: Sophia Lee and ethical standards are fairness and accuracy parental eavesdroppers and birthday party ernments in whistleblower cases and the Kevin V. Mincey. above all. But who really determines what crashers. While these dirty deeds may pivotal role of the court in False Claims Faculty: Hon. Daniel J. Anders, Phila- is “fair” and at what point do we measure not be illegal, they can cross the line of Act litigation. delphia Court of Common Pleas, Trial a story for “accuracy”? On the other side harassment or conduct contrary to the Course Planner: Marc S. Raspanti. Division, Criminal; Lawrence S. Felzer; of the coin are the attorneys who have children’s best interest. Faculty: Hon. L. Felipe Restrepo, U.S. Cherri T. Gregg (moderator); Su Ming an ethical obligation to their clients to )is program will explore constructive District Court for the Eastern District of Yeh and Abbe F. Fletman. preserve attorney-client confidentiality ways to deal with destructive conduct and Pennsylvania, Charlene Keller Fullmer, New Developments in the Civil while providing zealous counsel. the relief a court can offer to diffuse these Assistant U.S. Attorney, U.S. Attorney’s Right to Counsel and Access to Both professions require critical think- difficult circumstances. Office for the Eastern District of Pennsyl- Justice Movement in Pennsylvania ing, research and communication skills, Course Planners: Julia Swain and vania, Pamela C. Brecht, David M. Lai- (Presented by the Civil Gideon and along with an ability to grasp how laws Mark A. Momjian. Faculty: Hon. Maria gaie and Michael A. Morse (moderator). Access to Justice Task Force) and ethics shape the delivery of news. C. McLaughlin, Philadelphia Court of Diversity and Inclusion: Lesbian, Nationally known lawyers-turned-media Common Pleas, Family Court Division; )is panel will provide an updated Gay, Bisexual and Transgender correspondents will address the ethics of Margaret Klaw and David S. Rasner report on the efforts that began five years (LGBT) Lawyers (Presented by the covering a moving media target in today’s (moderator). ago with the formation of the Phila- Diversity in the Profession Com- society. delphia Bar Association’s Civil Gideon Do the Right Thing! – Ethical mittee and LGBT Rights Commit- Course Planners: Gina Furia Rubel Task Force and culminate in the efforts Issues Arising In Litigation (Pre- tee) and Meredith Z. Avakian-Hardaway. over the past year to address the civil sented by the State Civil Litigation Faculty: Daniel L. Cevallos (moderator), According to NALP: )e Association legal justice crisis and improve access to Section) Cherri T. Gregg, Heather Hansen, Patrick for Legal Career Professionals, “[t]he justice in Pennsylvania. )e program will J. Murphy and Iain Page. )is CLE session will address the ethi- overall percentage of openly lesbian, gay, highlight the findings and recommenda- cal issues that can arise in the litigation bisexual and transgender (LGBT) lawyers tions contained in the report “Toward Defamation and SLAPP Suits: process, both pretrial and during trial. reported in the NALP Directory of Legal Equal Justice for All: Report of the Civil Where Do We Stand 50 Years Counsel from both the plaintiff and Employers (NDLE) in 2013 increased to Legal Justice Coalition.” )e report was After New York Times v. Sullivan? defense side, along with judicial perspec- 2.19 percent compared with 2.07 percent presented to the Pennsylvania Senate (Presented by the Public Interest tive, will highlight the following issues: in 2012. Percentages for both partners Judiciary Committee on May 6, 2014, Section) ethical issues regarding attorney conduct; and associates increased.” Our panelists following the statewide access to justice )is year marks the 50th anniversary representations made to court during will discuss “best practices” to create an hearings held in 2013. )e program will of the landmark First Amendment case settlement discussions; using social media inclusive environment for LGBT lawyers; address strategies underway to implement of New York Times v. Sullivan, in which in pursuit of information; and contacting the importance of “straight allies” as advo- those recommendations in Pennsylvania the U.S. Supreme Court held that public employers for information. cates for the LGBT community; work- and will also highlight innovative ap- officials (later expanded to include public Course Planner: Butler Buchanan III. place policies; compensation and benefits; proaches to improving access to justice figures, too) who sue for defamation Faculty: Hon. George Overton, Philadel- an update on current laws impacting the continued on page 13

12 Philadelphia Bar Reporter September 2014 philadelphiabar.org “Witnesses, Eyewitnesses and Videotape” - Bench-Bar Progress or Boondoggle? (Presented by the continued from page 12 Win an iPad Mini Criminal Justice Section) )is hour-long panel explains and discusses the re- that have been implemented in other jurisdictions. at Bench-Bar forms initiated by the Philadelphia Police Department in Course Planners: Catherine C. Carr, Joseph A. Sul- the areas of treatment and interrogation of witnesses, pro- livan and Merril L. Zebe R   : ..  B cedures and protocols on conducting photo displays for Faculty: Hon. Sheila A. Woods-Skipper, President in Atlantic City, N.J. on Friday, Oct. 17 for the eyewitnesses and the videotaping of interrogations of and Judge, Philadelphia Court of Common Pleas; Hon. Ger- Philadelphia Bar Association’s Bench-Bar & statements by suspects. Why were these reforms enacted? ald A. McHugh Jr., U.S. District Court for the Eastern Annual Conference. Meet our valued sponsors What is the impact on criminal prosecutions? Where District of Pennsylvania; Hon. Fern A. Fisher, Deputy who have made this year’s Bench-Bar & Annual does Philadelphia fall nationwide in police practices? Chief Administrative Judge of New York City Courts; Conference possible. Also, we invite you to visit Course Planner/Moderator: )omas J. Innes III. Jennifer Clarke and Steven Grumm. each of our sponsors throughout the Conference Faculty: Philadelphia Police Commissioner Charles H. to get your “Passport” stamped to enter a raffle Ramsey, Marissa Boyers Bluestine, John Hollway and Trick or Treat? Understanding the Interplay Of to win an iPad Mini! Prof. David Rudovsky. Disability, Workers’ Compensation and Tort Claims (Presented by the Social Security Dis- Motion/Discovery Court Practice – The Good, ability Law Committee) The Bad and The Ugly (Presented by the State while working at a steam plant in Philadelphia after being Civil Litigation Section) Learn about Social Security disability, work injury crushed by a 300-pound block that fell approximately and tort claims generally and the effect they have on one 60 feet from an overhead crane. Mongeluzzi was able to )is CLE will identify and address controversial mo- another. establish that the defendant’s reckless conduct gave rise to tions, such as motions for extraordinary relief, motions Course Planner/Moderator: Maria E. Bermudez. Fac- punitive damages, along with eyewitness testimony that to compel depositions/defense medical examinations, ulty: Hon. Richard A. Kelly, Administrative Judge, Social established approximately 10 minutes of uncontroverted motions to enforce settlements, motions to disclose social Security Administration, Philadelphia Office of Disability conscious pain and suffering. )e decedent client left media information, and motions forum non-conveniens. Adjudication and Review; Heather J. Austin; Joseph C. behind a widow and five children (three adults and two Expert faculty will utilize hypotheticals and in-court Hutterman and Robert W. Zimmerman. minors), the youngest of which (3 years old) suffers from videotaped vignettes with motions presented and briefly profound hearing loss. )e constellation of damages in argued on camera, followed by brief discussions by the Dealing With High-Pro#le Cases: A View from this case – punitive damages, clear conscious pain and panel and perspectives by a judge(s), to identify cer- the Courts and the Executive Branch suffering and compelling clients – propelled this case’s tain kinds of motions that should not be filed and/or From arranging physical accommodations in the settlement to one of the highest in Philadelphia County defended as a waste of time because the result yielded is a courtroom to public statements on the courthouse steps, history for a single wrongful death case. Mongeluzzi’s fait accompli. what, if anything, do judges and prosecutors have to do opening statement uses state of the art technology, incor- Course Planner: Ronald A. Kovler. Faculty: Hon. Jac- differently when there is a high-profile case? porating family photographs, scene photographs, deposi- queline F. Allen, Philadelphia Court of Common Pleas, Faculty: Hon. Correale F. Stevens, Pennsylvania tion transcripts, deposition videos, critical documents Trial Division, Civil; Hon. Lisa M. Rau, Philadelphia Supreme Court and Kathleen G. Kane, Pennsylvania and crane simulations. )e seminar will also include Court of Common Pleas, Trial Division, Civil; Peter J. Attorney General. the participation of prominent defense counsel giving Divon and Kelly J. Fox. a unique viewpoint on Mongeluzzi’s presentation and A View from the Bench Regarding Real Estate Creating and Maintaining a Diverse and Inclu- answer questions on the evidentiary and tactical issues to Matters in Philadelphia (Presented by the Real sive Law Practice for All (Presented by the Law be considered in giving an effective opening statement. Property Section) Practice Management Committee) Faculty: Robert J. Mongeluzzi, Rochelle M. Fedullo )is session will address best practices from the and John E. Savoth (moderator). Panelists will provide “best practices” to create and judiciary’s point of view in regards to real estate litigation maintain a diverse and inclusive law practice where there Social Media Policies for Employers, Em- including partition actions, quiet title actions, mortgage is equal opportunity for advancement for all. Learn about ployees, and Their Counsel (Presented by the foreclosure actions, conservatorships and tax sale matters. the importance of defining diversity broadly and under- Young Lawyers Division) )e course will be invaluable for any litigator whose prac- standing the “business case for diversity.” )e discussion tice touches on any area of real property litigation. )is CLE will include a brief discussion of the scope of will focus on concrete steps to eliminate bias from busi- Course Planner: Richard L. Vanderslice. Faculty: Hon. social media discovery and will focus on how to man- ness development, client relationship management and Ellen Ceisler, Court of Common Pleas, Trial Division, age the risks of social media and how social media will procurement. Civil; Hon. Idee C. Fox, Court of Common Pleas, Trial affect employers’ policies regarding their employees and Course Planner: Naomi K. McLaurin. Faculty: Division, Civil; Hon. Annette Rizzo, Court of Common their web presence. We will cover recent litigation and Chancellor-Elect Albert S. Dandridge III, Mary F. Platt, Pleas, Trial Division, Civil and Rachel Gallegos. decisions where corporations have been directly involved Sophia Lee and Gina F. Rubel (moderator). because of their web presence, their employees’ social Reentry Courts – New Opportunities for Re- “Do You Know Where Your Cell Phone Is?” media commentary, and the actions of their competitors. turning Citizens (Presented by the Criminal - Mobile Devices and Your Ethical and Legal Faculty will offer advice on what employers are suggested Justice Section) Obligations (Presented by the Professional to avoid, how to train employees, general policy drafting, Responsibility Committee) )is one-hour panel will describe the Federal Reen- and some general tips/concerns. )e panelists will address try “STAR” court and its operation. It will also provide what needs to be done by employers to ensure that they In this age of modern technology and the increas- an explanation, description and update on the newest have a sensible, risk-managed web presence; have thought ing use of mobile devices from iPhones to iPads, data Reentry court on the local map: the Philadelphia Court about social media in a litigation hold scenario; and have breaches are becoming more likely, if not inevitable. of Common Pleas Reentry Court for state parolees. policies in place to protect/educate their employees about Hackers, thieves and your own employees create huge Course Planner/Moderator: )omas J. Innes III. social media risks to the company and to its employees. risks of liability for breached data. Lawyers must be able Faculty: Hon. L. Felipe Restrepo, U.S. District Court, All attorneys get a reintroduction to the vast amount of to navigate the ethical minefield of competently protect- Eastern District of Pennsylvania; Byron Cotter; Michael information that can be discovered about plaintiffs and ing their clients’ data. Moreover, lawyers must be mindful L. Green; and Derek Riker. their own witnesses – it may even help counsel real- of other privacy obligations imposed by federal and state ize some evidence and causes of action they have been law, like the Health Insurance Portability and Account- Openings with Mongo (Presented by the State overlooking. ability Act (HIPAA). Mobile communications are faster Civil Litigation Section) Faculty: Ryan G. Gatto, Justin S. Moriconi and Laura and easier than ever, and clients love it, but what are Robert J. Mongeluzzi will present his opening argu- Powers. the risks to our clients? Where are the ethical pitfalls for ment in the case of a client who was tragically killed continued on page 14 philadelphiabar.org September 2014 Philadelphia Bar Reporter 13 Bench-Bar Philadelphia Bar Association 2014 Bench-Bar & Annual Conference continued from page 13 October 17 - 18, Borgata, Atlantic City - Registration Form lawyers? What does HIPAA require? Are you a “business Public Int., Gov., associate” under HIPAA? What are the practical steps Registration Type Member Non-Member Total needed to protect your client, and yourself? or YLD Member Full Conference - )e topics to be covered among others include Early-Bird if Booked by September 19: $379 $229 $529 fundamental ethics requirements; fundamental HIPAA Includes all CLE programming and all spon- sored meals and events on Fri. and Sat. $449 $299 $599 requirements; engagement letters; and practical steps to Early-Bird Rates, in red protect both client information and protected health Friday Only - information. Includes Dinner Reception: Includes all CLE programming and all spon- $329 $179 $479 Course Planner: Conor McNally. Faculty: Diana sored meals and events on Fri. K. Ashton, W. Bourne Ruthrauff, Jenna K. Shedd and Friday - Dinner Reception Only: Lawrence J. Tabas. Includes Fri. night event only. $25 more at the door $175 $150 N/A Custody at the Extremes - From Unweened In- Member or guest of member only Saturday Only: fants to Unruly Teens (Presented by the Family Includes all CLE programming and spon- $259 $109 $409 Law Section) sored meals on Sat. Non-CLE Credit and Guest Fee: Includes all sponsored meals and events on )ere is no one-size-fits-all or “standard” custody Fri. and Sat. $225 $200 N/A schedule that can be used as a default in family matters. Member or guest of member only )e child development process requires consideration in formulating custody schedules that meet the needs of Registration Type: Total Due: Additional Information children at the proper stages of development. Whether Early-Bird registration deadline is Attendee Name: considering attachment theory for infants or navigating September 19. Final registration teenage years, there are many options available to family Nickname on Badge: deadline is October 14. Cancellation (if different than above) and Refund Policy: All cancellation lawyers and judges to ensure that a schedule properly fits Company/ Organization: requests must be submitted in writing the needs of a child. Our expert panel will explore sched- to Tracey McCloskey at tmccloskey@ Additional Registrant: philabar.org. The amount refunded ules suited for children at various development stages. for cancellation is dependent upon Course Planners: Julia Swain and Mark A. Momjian. Address: the date the cancellation request is received. Cancellations received on or City: State: Zip: Faculty: Hon. Holly J. Ford, Philadelphia Court of before Sept. 19; full refund less a $50 Common Pleas, Family Court Division; Gerald Cooke, Phone: Fax: E-mail: processing fee. Cancellations received Ph.D.; Jacqueline Vergara and David N. Hofstein (mod- Sept. 20 through Oct. 14; 50% of the Credit Card Holder: total registration fee will be refunded. erator). Cancellations received after Oct. 14 are Special Dietary Needs: 100% nonrefundable. Special Borgata So You Want to Be a Judge (Presented by the hotel room rates are available for our Election Procedures Committee) Emergency Contact: Phone: Conference attendees. You must be a registered attendee of the Conference Card Type: AMEX MASTER CARD VISA to receive this group rate. Once you )is one-hour session will address the process in- are registered for the Conference, you Card Number: Expiration Date: volved in running for judicial office in Philadelphia. )e will receive instructions on how to panel will cover the role in the electoral process that the Signature: Date: reserve your room. Philadelphia Bar Association’s Commission on Judicial Register Online at Selection and Retention plays, including the application Mail to: process, the candidate interview and the candidate’s ap- Philadelphia Bar Association pearance before the Commission; election law, specifi- PHILABENCHBAR.COM 1101 Market St., 11th Fl. cally, challenges to nominating petitions and some of the Philadelphia, PA, 19107-2955 practical problems that arise in petition contests, along or Fax to: with a discussion of recent Pennsylvania case law dealing 215-238-1159 with election law; election law as it relates to judicial retention; and changes to the ratings system employed by the Judicial Commission. sham. delphia taxes; common tax issues for lawyers practicing Course Planner/Moderator: A. Harold Datz. Faculty: in Philadelphia; what to do if you currently owe Phila- Effective Immigration Practice for Solo and Chancellor William P. Fedullo, Prof. Louis S. Rulli, delphia taxes; what to do if you are audited by the City Small Firms (Presented by the Immigration Law Denise J. Smyler and Sharon L. Suleta. of Philadelphia; tax considerations for solo and small Committee) firms; tax consequences of your choice of entity; and new Medicare Liens and Set-Asides and Workers’ Immigration issues cross all genres of law. Our expert collection tactics of the City of Philadelphia Department Compensation Liens (Presented by the Work- panelists, which consist of practitioners in family law, of Revenue. ers’ Compensation Section) employment law and criminal law, will help attendees Course Planner: Nikki Johnson-Huston. Faculty: A.J. A plain-talk primer designed to dispel myths, and to discover how to spot and handle immigration issues and Moore and Stewart M. Weintraub. provide accurate information needed by liability attor- when to solicit the help of an immigration law practitio- Closing Luncheon and State of the Courts Pre- neys as to what Medicare wants, what they can get, and ner, while exploring the many state and local immigra- sentation what you have to do to make sure that your settlement tion laws and policies. isn’t derailed by a demand for a Medicare Set-Aside. )e Course Planner: Desiree W. Wayne. Faculty: Harriet Hear from representative judges of Pennsylvania’s presentation will also discuss workers’ compensation liens Brumberg, Jessica Choi (moderator), Lisa Jordan and courts for an update on the state of our courts. Faculty and the optimum ways to resolve both the workers’ com- Abel Rodriguez. includes Hon. Ronald D. Castille, Chief Justice, Penn- pensation case and the liability case, avoiding damage to sylvania Supreme Court; Hon. Susan Peikes Gantman, Business Tax Issues for Law Firms in Philadel- either case. President Judge, Pennsylvania Superior Court; Hon. phia (Presented by the Tax Section) Course Planner: Wendy A. Fleming. Faculty: Hon. A. Sheila A. Woods-Skipper, President Judge, Philadelphia Michael Snyder (ret.), Hon. Geoffrey W. Dlin (ret.), Jef- Expert tax and accounting practitioners will address Court of Common Pleas; and Hon. Marsha H. Neifield, frey S. Gross, Amber M. Racine and Francis X. Wicker- the following issues: tips for effectively dealing with Phila- President Judge, Philadelphia Municipal Court.

14 Philadelphia Bar Reporter September 2014 philadelphiabar.org BEHIND THE BENCH First Judicial District ‘SIPs’ from Fountain of Youth I By Gabriel B. Roberts Spanning the months of June and July, SIP is designed eyes to the litigation side of law. As a result, I intend to to enhance the typical intern experience by offering an further pursue trial advocacy courses in order to educate W       ever-expanding slate of enrichment activities. Interns are myself on what it takes to be a successful trial attorney.” and more than 60 judges, the First Judicial District encouraged to explore and develop their various legal )e program also provides insight into nonprofit legal (FJD)’s 2014 Summer Intern Program (SIP) kicked off its interests via numerous law-based scholastic programs and work and indigent representation for students who are 14th year of supplementing the legal and civic tutelage of events. For many, the opportunity to delve deeper into a drawn to the legal field by a desire to help those who, talented scholars ranging in experience from secondary medley of specialized fields enables them to find their pro- perhaps, need it the most. Interns were invited to see, up education to law school. fessional niche. Additionally, as an approved work study close, the positive effects of re-entry programs like the Led by Philadelphia Court of Common Pleas Judge site, eligible students can use their summer placement at Mental Health and Veterans Courts and heard stories, Lillian Harris Ransom and her dedicated staff, the pro- the FJD as part of their financial aid package, pending both harrowing and uplifting, from speakers from Com- gram has grown steadily since its origin in 2001. Since their school’s approval. munity Legal Services and Women Against Abuse that then, more than 1,000 law, undergraduate and high )e litany of activities offered reflects the many areas of highlighted the services of caring, passionate people. school students have participated in SIP, a program that practice within the legal field, and justice system, current- SIP, for both the students and the courts, is wholly blends a transparent view of our local courts with practi- ly available. Students interested in law enforcement had beneficial. For the judiciary, and various other program cal tools that serve to edify and build familiarity with the opportunity to hear speakers from the Department of partners, the experience lends the opportunity to influ- the nuances of the state and federal justice systems. )is Homeland Security and the U.S. Marshals Office while ence and educate young minds that are as raw as they are summer, interns hailed from 18 different law schools and visiting the Office of the Medical Examiner and a number bright. Meanwhile, interns are offered an individualized, colleges from across the country with many Philadelphia of specialized local police divisions, including the Marine practical legal education under the tutelage of seasoned area high schools also represented. Unit. judges and aided by the tools provided by SIP. During the summer, judges are invited to select Interns seeking careers in litigation were treated to oral “By all reports, from interns and from their supervis- students to work, observe and assist the judiciary with arguments before the Pennsylvania Superior Court and ing judges, the program was a tremendous success,” said the day-to-day activities that enable our courts to func- federal Immigration Court and heard, firsthand, how ef- Judge Ransom. “It exposed the students to experiences tion under the stress of a high-volume caseload. Often fective, professional and knowledgeable legal practice can which will help them make informed decisions concern- accompanying their respective judges to court, interns are benefit so many people from all walks of life. ing their legal careers.” also tasked with contributing legal research and writing “[SIP] provided an invaluable learning experience,” said assignments, all while acclimating themselves to an envi- Michael Camastra, a 2016 Juris Doctorate candidate at Gabriel B. Roberts is senior staff advisor to the District Court ronment in which many hope to eventually work. Villanova University School of Law. “It really opened my Administrator.

Featuring Pennsylvania’s Finest Attorneys Under 40 !e Crystal Tea Room, Wanamaker Building Philadelphia, PA Cocktail Reception and Awards Dinner 6:00-8:30 PM

To purchase tickets or to inquire Sponsors: about sponsorship opportunities, contact Lana Ehrlich at (215) 557-2392 or [email protected].

philadelphiabar.org September 2014 Philadelphia Bar Reporter 15 Ginsburg Writing Contest Deadline is Oct. 3

E      the Philadelphia Bar Association’s 2014 Ginsburg Essay Submission Guidelines Justice Ruth Bader Ginsburg Pursuit of Justice Legal Writing Competition. t4VCNJTTJPOTNVTUCFOPMPOHFS Competition. page document identifying the author Candidates may submit a law review than 20 pages or 5,000 words, which- t.VTUIBWFJODINBSHJOTPOBMM and describing the submission, the quality submission on any topic relating ever is shorter. )e 5,000-word limita- sides. submission may not otherwise refer to rights, privileges and responsibilities tion refers to the text of the submis- t.VTUCFTVCNJUUFEJOFMFDUSPOJD to the identity of the author or the under federal law. )e Bar Association sion; footnotes may be a maximum of form via email to [email protected] author’s law school. )is includes direct recognizes the importance of excellence 2,000 words (in addition to the 5,000 unless submission of a hard copy is identification by name, or indirect in legal analysis and writing skills, and word maximum for text). Do not use requested and approved. Requests for identification by, for example, reference seeks to award a student enrolled in an endnotes. submission of a hard copy should be to the size or location of the law school, American Bar Association-approved or t.VTUCFJOQPJOU5JNFT/FX made by emailing [email protected] and the like. provisionally approved Philadelphia-area Roman font. Footnotes must be in no or by calling (215) 238-6367. t3FDFJQUXJMMCFBDLOPXMFEHFE law school for authoring a top-quality smaller than 10-point Times New Ro- t.VTUCFTVCNJUUFEXJUIPOMZUIF t"TVCNJTTJPOUIBUEPFTOPUDPNQMZ Competition submission. Entries must be man font. title on the first page of the submis- with any of the requirements will be received by Friday, Oct. 3 at 4 p.m. t.VTUVTFDJUBUJPOTUIBUDPOGPSN sion. Each set of submissions shall be rejected without further review. )is Competition is open to full- and with either Darby Dickerson & the accompanied by a separate one-page t.VTUCFSFDFJWFECZOPMBUFSUIBO part-time law students who are in their Association of Legal Writing Directors, document stating the author’s name, p.m. on Friday, Oct. 3. second or third year of study at one of )e ALWD Citation Manual: A Profes- law school, expected date of graduation, Determination of the First, and the following six institutions: Drexel sional System of Citation (4th ed., telephone number(s), email address(es), if chosen, Second and )ird Place University School of Law, University Wolters Kluwer 2010) or Harvard Law mailing address(es) and an abstract Awards, will be made in November of Pennsylvania Law School, Rutgers Review Association, et al. A Uniform of no longer than 100 words describ- 2014, and winners will be announced University School of Law – Camden, System of Citation (19th ed. 2010). ing the thesis of the submission. )is as soon as possible thereafter. )e Temple University Beasley School of Law, t.VTUCFJOTFNJOBSQBQFSPSMBX document, which shall be signed by the winner of the First Place award will Villanova University School of Law and journal article format only; submissions person submitting the entry, also shall be presented with the award at the Widener University School of Law (Dela- in the form of a memorandum, brief, certify the word count of the submis- Philadelphia Bar Association’s Annual ware Campus). Part-time law students in judicial opinion or other type of legal sion and certify that the work is solely Meeting Luncheon. )e Bar Associa- their third or later year of study also are document are not acceptable. the work of the author. )e author tion will waive the cost of attendance eligible. Students must be in good stand- t.BZOPUCFQSFWJPVTMZQVCMJTIFE must also certify that the text of the at the meeting and luncheon; however, ing at their institutions. or currently accepted for publication in submission is no longer than 5,000 the winner is expected to bear any )e submission may not have been any publication other than in connec- words, and the footnotes are no longer travel and accommodation costs associ- published previously, although it may tion with the Judge Ruth Bader Gins- than 2,000 words. ated with attending this event. have been prepared in connection with burg Pursuit of Justice Legal Writing t0UIFSUIBOBTOPUFEPOUIFPOF a law school course or for a law journal. )e submission also may not have been submitted for any other competition )e chair of the Competition is )omas the Bar Association, at which time the requested and approved. Requests for during the time when it is under consid- H. Chiacchio Jr. award will be presented. submission of a hard copy should be eration for this Competition, until after )e author of the winning submission Essays must be submitted in elec- made by emailing [email protected] or the time when awards are announced. will receive a cash award of $2,500. )e tronic form via email to dpetit@philabar. by calling (215) 238-6367. Visit philadel- )e submission must be the work of one essay will be published in !e Philadel- org unless submission of a hard copy is phiabar.org for the Competition rules. author alone (joint submissions will not phia Lawyer magazine, on the Bar Asso- be considered), and the author must certi- ciation’s website and/or in an appropriate fy that the submission has been prepared Bar Association publication. )e winner without substantial editing from others. will be invited to the Annual Meeting of

)ese are truly their glory days. Frontline One sobering thought emerges. Most continued from page 3 of the children on the Taney team attend Philadelphia public schools. Many politi- If you are interested in making a donation cians have attached themselves to the to a Philadelphia public school, please Taney bandwagon to procure some of the contact Charlie Klitsch at 215-238-6326 reflected glory of the Taney champion- or [email protected]. ship run. As great as this run is for those I would like to end this column with a children (and I am sure it is a once-in- special mention of the feel-good story of a-lifetime moment), the education they the summer, the Taney Little League team receive is more important. So I say to and their awesome pitcher, Mo’ne Davis. those who love the Taney children on the As a city, nothing would have made us field, you should love them just as much feel better than Taney emerging as cham- in the classroom. pions. But they fell short of that goal and have inspired us with their grit, their William P. Fedullo (williamfedullo@gmail. character and their charm. )e coaches, com), counsel to Rosen, Schafer & DiMeo the parents and all those associated with LLP, is Chancellor of the Philadelphia Bar the Taney program are to be commended. Association.

16 Philadelphia Bar Reporter September 2014 philadelphiabar.org ADVANCING CIVICS EDUCATION Web Check ACE Marks 6 Years, Plans Ahead For more about the ACE program, visit www.philadelphiabar.org. I By Jenimae Almquist resources in our classrooms. )e Young Chair Genece E. Brinkley welcomed the Lawyers Division hosted a back-to-school students, and lauded their hard work in T A C E supply drive. Many ACE volunteers the program. “ACE has been successful Use your program celebrated its sixth year of pro- were surprised to learn that Philadelphia in its goal to teach civics to public school QR code viding education to Philadelphia students students lack necessities such as pens and students in a creative and interactive way reader to link in the basic tenets of the U.S. Constitu- textbooks, and that teachers often are rel- which will stay with them for the long directly to this resource. tion and branches of government earlier egated to one ream of paper per semester. term,” she said. this year and additional ACE events are ACE participants often comment that After remarks by Chancellor Fedullo coming soon. they have been educated as much, or and Chief Judge )eodore A. McKee An annual meeting and CLE program more, than their pupils through exposure of the )ird Circuit Court of Appeals, Following the event, volunteers were “Justice for Kids: Is Backpack Search to actual classroom dynamics. While the students broke into small groups to invited to give feedback about ACE and OK?” is scheduled for Wednesday, Sept. some students are immediately engaged, devise arguments on both sides of the help plan for its future. With the hope 24, which will train new volunteers while others begin to connect with the curricu- famous “I Heart Boobies” case, affording of reaching ever-more schools, the ACE at the same time rewarding existing vol- lum over time as volunteers increasingly them first-hand experience in appellate steering committee – headed by Judge unteers with one free credit of continuing forge connections between current events procedure and the rudiments of the First Brinkley along with Vice Chair Nycole legal education. )e program offers two and constitutional concepts in our media- Amendment. To conclude, two teams Watson, Elvin Ross III and Christopher options, with one for orienting newcom- driven world. )e rewards of instruction selected at random from the attendees Varano – is striving to locate much-need- ers to ACE and another to expand upon are boundless, particularly when a student presented a moot court argument of the ed administrative funding or grants to existing volunteers’ relationships with delves into debate and civic engagement case, and participants received certificates help streamline the matchmaking process their assigned schools. with peers, and starts to critically examine for completing their ACE year. In 2014, between needy schools and willing With Chancellor William P. Fedullo’s the duties and benefits of citizenship. 11 schools, including two elementary volunteers. To attend the CLE program platform focused on education, and the To celebrate ACE’s sixth year, more schools, received instruction from ACE’s or volunteer at the ninth- or fifth-grade ongoing public schools budget crisis, than 150 students from seven area volunteer lawyers and judges, with level, contact Nycole Watson at niqesq@ the work of the ACE volunteers remains high schools attended a culminating dozens of volunteers giving their in-kind msn.com. more crucial than ever. Beyond ACE, event at the U.S. Courthouse in May. contributions through lessons ranging other Philadelphia Bar Association Philadelphia Court of Common Pleas from statutory interpretation to search Jenimae Almquist ([email protected]) programs seek to augment the scarce Judge and ACE Committee Honorary and seizure. is an attorney with Messa & Associates.

philadelphiabar.org September 2014 Philadelphia Bar Reporter 17 PRO BONO SPOTLIGHT: PA. INNOCENCE PROJECT VIP Honors K. Dolan P VIP  K D  Volunteer of the Month for providing pro bono legal Working to Free the Wrongly Convicted services to low-income families in Philadelphia. Kim is a staff attorney at Regional Housing Legal I By Joshua D. Snyder At the same time, the light shines from many sources. Services, where she assists community-based organi- First, there is the light of empirical, scientific truth. zations and consumers with affordable housing and T        Although the Pennsylvania Innocence Project handles all economic development issues. Kim has specific expertise convicted of crimes is fundamental to our society. Even kinds of cases, much of its work concerns advancing sci- in nonprofit corporate formation, tax-exemption issues, the most skilled lawyer, trained to argue either side of a entific information previously unavailable to the defense. and closing projects involving a variety of financing. contested proposition, would be unable to make a cred- )e most well-known example is DNA evidence, and She began volunteering with VIP in 1994 when she ible case against it. such evidence has resulted in 317 exonerations involving was in private practice and has handled 51 cases since, Speaking to a similar point, Judge Learned Hand DNA evidence in the past quarter century. Another focus representing clients in 19 of VIP’s practice areas ranging wrote in United States v. Garsson, 291 F. 646 (S.D.N.Y. is arson cases, and while the crime of arson may be as old from custody to tax and homeownership. Kim served 1923), that “our [criminal] procedure has been always as the common law, until recently, arson investigation on VIP’s Board of Directors from 2002 to 2009 and as haunted by the ghost of the innocent man convicted. It was held to be an “art” rather than a science. )ere has Board president in 2007. is an unreal dream.” Id. at 649. Judge Hand was partially been a revolution in the field of arson investigation, and Kim says she enjoys doing her pro bono work right: the notion that one could be convicted of a crime what was once thought to be valid has been shown to through VIP, because it provides “the chance to work they did not commit is one that “haunts” like a “dream,” be superstition and myth. )e Pennsylvania Innocence one-on-one with individuals who are extremely grateful or, more precisely, a nightmare. Project works tirelessly to advocate for persons who were for your assistance – interacting with these clients, really But Judge Hand was wrong in his factual assess- convicted on the basis of invalid arson “science.” digging into their cases, and serving as their advocates ment. )e “unreal dream” is in fact real: the innocent are Second, the leadership and staff of the Pennsylvania when very few others have done that for them. To see convicted. Researchers have identified more than 1,400 Innocence Project serve as beacons – signaling to all that a client’s eyes when you do that – there’s really nothing exonerations since 1989 – cases in which a person was exonerating the innocent is a fight necessary to take on, more rewarding.” Kim also says that she feels capable to wrongly convicted of a crime and later cleared of all the no matter how hard or how long. Working with them step outside of her usual practice areas, including repre- charges – detailed in the National Registry of Exonera- is a reminder that the practice of law can be among the senting homeownership clients. “If you’ve never taken a tions database. Innocence Network member organiza- most noble, and most worthwhile, of endeavors, and homeownership case because they are unfamiliar, [have] tions secured 31 exonerations in 2013 alone. And in their skill as advocates are matched only by their compas- no fear! VIP’s staff and training materials will make you 2014, the Pennsylvania Innocence Project exonerated sion for their clients. feel like a seasoned expert.” Eugene Gilyard and Lance Felder, resulting in their re- Finally, the Pennsylvania Innocence Project’s clients are Kelly Gastley, VIP supervising attorney, says that Kim lease from state prisons where they had been incarcerated a source of tremendous hope and inspiration. In the face stands out as a volunteer attorney who consistently goes for 15 years. Gilyard’s case was one of the first that the of unfathomable adversity – in some cases having been above and beyond to serve her clients. “She takes a ho- Pennsylvania Innocence Project took on after its found- incarcerated for decades – they remain steadfast in main- listic approach to serving her clients, assisting them with ing in 2009. taining their innocence and hold onto faith that a system not just their immediate legal needs but also with all of My own experience working as co-counsel with the that has betrayed them will ultimately exonerate and free the ancillary issues they are facing. Because of her efforts, Pennsylvania Innocence Project on an arson case has them as well. )ere is no clearer example of strength and her clients find themselves in a markedly better place at been one of both darkness and light. )e darkness is, of courage, and no greater testament to the fact that faith in the end of Kim’s representation. Kim is also eager to take course, the conviction of an innocent person, as well as justice, and in oneself, can be unbreakable. cases outside of her practice areas and even outside of the underlying tragedy that led to the wrongful convic- And their clients serve as proof that until such a time her past pro bono cases, allowing VIP staff to match her tion; in our case a fatal fire. Working with the Project as the conviction of an innocent person becomes merely experience with a client with virtually any type of legal also requires confronting, on a deeply personal level, the an “unreal dream,” we have an obligation to support the need. We are so grateful for Kim’s willingness to continu- dark reality that a defendant’s fate can be determined by Pennsylvania Innocence Project in whatever ways we can. ally venture into new territory to serve our clients.” considerations that should play no part in a fair system Kim is a dedicated volunteer attorney who provides of justice – especially one’s race and ability to pay for a Joshua D. Snyder ([email protected]) is a partner with zealous representation to her pro bono clients. VIP ap- zealous defense. Boni & Zack LLC. plauds her unwavering commitment over the years. TO LAWYER LAWYER REFERRALS For details on placing a Lawyer to Lawyer referral ad, contact Lana Ehrlich at 215-557-2392 or [email protected].

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18 Philadelphia Bar Reporter September 2014 philadelphiabar.org HEALTH CARE REFORM UPDATE FROM USI AFFINITY IRS Comments Help Clarify Employer Penalty

I By Brian McLaughlin ees: )e comments of agency officials in for two months, the employer will not the first year. (Q/A-27) Q/A-25 contain various helpful hints in need to bring that employee on the plan. Different Measurement Methods: A,  A B A- understanding the appropriate categoriza- Measurement Periods: )e length In what was a confusing question posed ciation’s Joint Committee on Employee tion of an employee. of the initial and standard measurement to the IRS, the agency restated that an Benefits (JCEB) meets with representa- Employment contract terms and period (IMP and SMP) must generally employer may apply either the monthly tives from the Internal Revenue Service variable status: )e terms of an employ- be the same, subject to a limited excep- measurement method or the look back and Treasury Department for a question- ment contract can be relevant in terms of tion. In using the look back measure- measurement method. However, one can- and-answer session. While the responses how many hours a week an employer ex- ment method, the length of the stability not apply two different methods to the are informal and cannot be relied upon, pects an employee to work for a specified periods that are tied to the SMP and the same category of employees and certainly they provide helpful clarification on a period. If the employer does not know if IMP must be the same. )e guidance not to the same individual. (Q/A-29) number of issues. In this year’s meeting, the hours are going to be above 130 hours clarifies a special rule for new employees. Counting Hours – On Call Employ- the agency highlighted the employer in a month, the employer can treat the Under this special rule, the IMP may be ees: )e IRS states that if an employee shared responsibility provisions under employee as a variable hour employee. a month shorter than the initial stability is getting paid for on-call hours, if the Code § 4980H, as described below. Additional clarification on the period. )is means the employer can use employee is required to remain on the Large Employer Determination: definition of a seasonal employee: An an 11-month IMP with a 2½-month employer’s premises or if the employee is IRS officials stated that for purposes employee is seasonal if his/her position administrative period and a 12-month subject to “sort of severe restrictions” on of determining large employer status tends to be reoccurring and is tied to initial stability period. Other than this what the employee can do, even where (whether the employer is subject to Code a specific season. Examples include a special one-month rule, the measurement the employee receives a reduced hourly § 4980H), the statute requires employers lifeguard or ski instructor, but the FAQ period (IMP and SMP) must be the same rate, the employee must receive credit for to use 120 hours as full-time. In other clarifies that the definition is not limited length. (Q/A-26) all hours of service for the on-call time. words, each employee who works at least to an individual whose job is affected by Monthly Measurement Period: In )ere is no concept of partial hours. 120 hours in a month counts as one full- weather. )erefore, a seasonal employee an example, the agency is asked how the (Q/A-28) time employee (FTE). Employees who may include a summer associate in a law penalty would be applied in the case of worked less than 120 hours in a month firm or someone who works during a an FTE who was not eligible for the em- Brian McLaughlin (Brian.McLaughlin@ are counted as a fraction where the peak season in a hotel. ployer’s plan for his/her first calendar year usiaffinity.com) is vice president of USI Affin- numerator is the employees’ actual hours Short-term, non-seasonal employees: of employment due to failure to satisfy ity’s Benefit Solutions Group. For more infor- worked and the denominator is 120. )is An employer cannot treat a non-seasonal, a substantive eligibility requirement (for mation about insurance and benefits options response has caused some confusion as, short-term employee who is hired to example, the employee had not obtained for Philadelphia Bar members, visit http:// under a fair reading of statutory provi- work 40 hours a week, but only for a six- the required professional license). As www.mybarinsurance.com/philadelphiabar sions and final regulations, full-time status month period, as a part-time employee of the first day of the second calendar For more than 75 years, the divisions of USI Af"nity have de- is based on 30 hours of service in a week because the average hours over a year are year, the employee satisfies this eligibility veloped, marketed and administered insurance and "nancial or 130 hours a month. )ose working 20 hours per week. An employer always requirement. )e IRS responded that as programs that offer af"nity clients and their members unique less than 30 hours of service a week are has until the beginning of the fourth long as the employee is brought onto the advantages in coverage, price and service. As the endorsed bro- ker of the Philadelphia Bar Association and more than 30 other considered full-time equivalents. Regard- month to get an employee who is reason- coverage by the first day of the fourth state and local bar associations, and with more than 30,000 at- less of which approach used, the net result ably expected to be full-time as of his/her month in the second year, the employer torneys insured, USI Af"nity has the experience and know-how remains the same. (Q/A-24) start date on the plan. If the employee is a gets a pass for the first 3 months of the to navigate the marketplace and design the most comprehensive Variable Hour and Seasonal Employ- non-seasonal, short-term FTE employed second year. However, there is no pass for and innovative insurance and bene"ts packages to "t a "rm’s individual needs. TO LAWYER LAWYER REFERRALS For details on placing a Lawyer to Lawyer referral ad, contact Lana Ehrlich at 215-557-2392 or [email protected].

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philadelphiabar.org September 2014 Philadelphia Bar Reporter 19 PNC Perspectives Defining Success in Words as Well as Numbers T       By Carol Claytor tangible and intangible – the actual fortunes as well as the values that make a family fortunate. In this month’s interview, I sat down with Dr. Bruce Bickel, managing director of Private Foundation Management Services for Hawthorn, PNC Family Wealth®, to discuss how wealthy families can move from an inspirational frame- more than their and relevance to the mission. Incorporation frames the work to a legacy action plan that resonates with current names on a building commitment a family has to living its mission, and that family members as well as future generations. or the trust account evolves over time. How does legacy planning begin? that bears their What outcome might a family expect from this Legacy planning begins with a personal discovery of names. )e origin of kind of communication process? what is truly important, capturing family values and a family’s wealth, the Outcomes of the experience include developing and belief systems and outlining goals with clarity. Working motivation behind its recognizing talents, building family leadership skills, and with an advisory team, a strategic plan that includes a accumulation and the framework to sustain the fortune outlining family governance issues. Most importantly, clear definition of a family’s vision, mission, and values provide a unique perspective of the family. everyone has a voice in the process, and what first appears is created collaboratively, before any tactical action plan How is success of a legacy plan most likely to be complex generally becomes manageable. )e mo- emerges. A clearly defined vision, mission, and values achieved? mentum is innovative and forward-thinking rather than statement serves as a guide to making wise decisions. It Success of a legacy plan is achieved by families focusing on the past. provides a tool to help measure achievement or a failure articulating the values they want to preserve, the legacy Is legacy planning a continuous process throughout to meet goals and how a person’s beliefs and values can they want to perpetuate, and the social causes they want a person’s lifetime? be fulfilled and ultimately sustained. Each new strategy, to promote. Family conversations come full circle with Legacy planning is a work in progress, assuming a concept, or direction can be tested against each respec- input from all members to support the desired impact of person has the time and patience to allow the process to tive statement, and the appropriate choice for the family their legacy. We identify four steps along the journey: In- work and the family is fully engaged. People can help becomes apparent. formation, Illumination, Incarnation, and Incorporation. control the number of “if only” scenarios if they consider Can a legacy be created while a person is still alive? What do each of those steps entail? how they live today and how the family will live for Legacies that are created intentionally during a person’s )e information stage involves collecting a complete generations to come. Legacy has been thought of as what lifetime make it easier to address complex issues about integration of ideas, which provides a rich environ- you leave. However, families have a unique opportunity wealth, provide peace of mind because of their inherent ment in which family members learn from each other. to create and live amazing legacies today. )e discovery direction, define a person beyond financial worth, and A story emerges that provides information about the process is the opening act of one’s legacy story and can allow actions to have impact. When families embrace family history and members, as well as aspirations for the produce results during a person’s lifetime and beyond. legacy as how they live now rather than the wealth that future. Next, illumination adds clarity to the discovery is left at the end, they become living examples of what process and considers the leadership potential and talent Carol Claytor can be reached at [email protected] or wealth means to their family. development within the family structure. Incarnation 215-585-5679. For more information, visit pnc.com/wealth- How long does a legacy plan typically extend? is introspective. )e focus is on managing the informa- management. We often extend the legacy timeline to include future tion. What sort of impact can a family have on itself, generations in a 100-year plan. Knowing who your others, and the community? Finally, incorporation is the The material presented in this article is of a general nature and does not constitute the provision by PNC of investment, legal, tax or accounting advice to any person, or a rec- great-grandparents were and what they stood for means outward expression of the family. It adds sustainability ommendation to buy or sell any security or adopt any investment strategy. Opinions expressed herein are subject to change without notice. The information was obtained from sources deemed reliable. Such information is not guaranteed as to its accuracy. Naturalization Ceremony Speakers You should seek the advice of an investment professional to tailor a "nancial plan to your particular needs. For more information, please contact PNC at 1-888-762-6226. The PNC Financial Services Group, Inc. (“PNC”) uses the names PNC Wealth Man- agement®, Hawthorn, PNC Family Wealth® and PNC Institutional Investments® to provide investment and wealth management, "duciary services, FDIC-insured banking products and services and lending of funds through its subsidiary, PNC Bank, National Association (“PNC Bank”), which is a Member FDIC, and uses the names PNC Wealth Management® and Hawthorn, PNC Family Wealth® to provide certain "duciary and agency services through its subsidiary, PNC Delaware Trust Company. Securities prod- ucts, brokerage services and managed account advisory services are offered by PNC Investments LLC, a registered broker-dealer and a registered investment adviser and member of FINRA and SIPC. Insurance products may be provided through PNC Insur- ance Services, LLC, a licensed insurance agency af"liate of PNC, or through licensed insurance agencies that are not af"liated with PNC; in either case a licensed insurance af"liate may receive compensation if you choose to purchase insurance through these programs. A decision to purchase insurance will not affect the cost or availability of other products or services from PNC or its af"liates. Hawthorn and PNC do not provide legal or accounting advice and neither provides tax advice in the absence of a speci"c written engagement for Hawthorn to do so. PNC does not provide services in any jurisdiction in which it is not authorized to conduct business. PNC Bank is not registered as a municipal advisor under the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Act”). Investment management and related products services provided to a “municipal entity” or “obligated person” regarding “proceeds of municipal securities” (as such terms are de"ned in the Act) will be provided by PNC Capital Advisors, LLC, a wholly-owned subsid- iary of PNC Bank and SEC registered investment adviser.

Photo by Jeff Lyons Jeff by Photo “PNC Wealth Management,” “Hawthorn, PNC Family Wealth” and “PNC Institutional A. Harold Datz (from left) joins U.S. District Court Judge L. Felipe Restrepo and Christina Aborlleile after an Investments” are registered trademarks of The PNC Financial Services Group, Inc. Aug. 21 naturalization ceremony at the U.S. Courthouse, where 95 people from 48 nations became U.S. citi- Investments: Not FDIC Insured. No Bank Guarantee. May Lose Value. zens. Judge Restrepo, a native of Colombia, told the new citizens about his own naturalization. Both Datz and Insurance: Not FDIC Insured. No Bank or Federal Government Guarantee. Not a De- Aborlleile addressed the audience. The program was sponsored by the Philadelphia Bar Association. posit. May Lose Value.© 2014 The PNC Financial Services Group, Inc. All rights reserved.

20 Philadelphia Bar Reporter September 2014 philadelphiabar.org CALENDAR OF EVENTS

Note: While the following listings have been verified prior to press time, any scheduled Legislation Liaison Committee: meeting, Board Room. 12 p.m., 10th Floor Board Room. event may be subject to change by the committee or section chairs. Lunches are $8 for mem- Wednesday, Sept. 24 Board of Governors: meeting, 4 p.m., bers and $12 for non-members, unless otherwise indicated. Lawyer Referral and Information Service 10th Floor Board Room. Monday, Sept. 1 DeVito Kaplan Schaer, Toddy, P.C., Committee: meeting, 12 p.m., 10th Labor Day: Bar Association offices 1818 Market St., 13th Floor Friday, Sept. 19 Floor Board Room. closed. Criminal Justice Section Executive Com- Social Security Disability Bene#ts Com- Business Law Section Executive Com- mittee: meeting, 12:30 p.m., 11th Floor mittee: meeting, 12 p.m., 11th Floor Tuesday, Sept. 2 mittee: meeting, 12 p.m., 11th Floor Committee Room South. Conference Center. Lunch: $8. Committee on the Legal Rights of Per- Committee Room South. The Philadelphia Lawyer magazine Edi- Medical Legal Committee: meeting, 12 sons with Disabilities: meeting, 9 a.m., Wednesday, Sept. 10 torial Board: meeting, 12:30 p.m., 11th p.m., 11th Floor Conference Center. 11th Floor Committee Room South. Rules and Procedure Committee: meet- Floor Committee Room South. Lunch: $8. Women’s Rights Committee: meeting, ing, 12 p.m., 11th Floor Conference 12 p.m., 11th Floor Conference Center. Center. Lunch: $8. Monday, Sept. 22 Thursday, Sept. 25 Lunch: $8. Monday, Sept. 15 Young Lawyers Division Executive Com- Elder Law Committee: meeting, 12 p.m., Philadelphia Bar Reporter Editorial mittee: meeting, 12 p.m., 10th Floor Public Interest Executive Committee: 10th Floor Board Room. Lunch: $8. Board: meeting, 12:30 p.m., 10th Floor Board Room. meeting, 12 p.m., 11th Floor Commit- Monday, Sept. 29 Cabinet Room. Zoning, Land Use and Code Enforcement tee Room South. Women in the Profession Committee: Committee: meeting, 12 p.m., 11th Friday, Sept. 5 Tuesday, Sept. 16 Floor Conference Center. Lunch: $8. meeting, 12 p.m., 10th Floor Board Workers’ Compensation Section Execu- Employee Bene#ts Committee: meet- Young Lawyers Division: Executive Room. tive Committee: meeting, 10:30 a.m., ing, 12:30 p.m., 11th Floor Committee Committee election meeting, 1 p.m., Tuesday, Sept. 30 11th Floor Committee Room South. Room South, Lunch: $8. 10th Floor Board Room. Criminal Justice Section: meeting, 12 Monday, Sept. 8 Wednesday, Sept. 17 Tuesday, Sept. 23 p.m., 11th Floor Conference Center. Delivery of Legal Services Committee: Young Lawyers Division Cabinet: meet- LGBT Rights Committee: meeting, 12 Lunch: $8. meeting, 8:30 a.m., 10th Floor Board Election Procedures Committee: ing, 12 p.m., 10th Floor Board Room. p.m., 11th Floor Conference Center. can- Room. Federal Courts Committee: meeting, Lunch: $8. didates’ meeting, 12 p.m., 10th Floor Family Law Section: meeting, 12 p.m., 12:30 p.m., 11th Floor Conference Civil Gideon Access to Justice Task Board Room. 11th Floor Conference Center. Lunch: Center. Lunch: $8. Force: meeting, 12 p.m., 10th Floor $8. LegalLine: 5 p.m., 11th Floor LRIS Tuesday, Sept. 9 offices. Register online for most events at philadelphiabar.org. Unless otherwise specified, all checks for luncheons and programs should be made payable to the Philadelphia Bar Association and Cabinet: meeting, 8:30 a.m., 10th Floor Thursday, Sept. 18 mailed to Bar Headquarters, 1101 Market St., 11th fl., Philadelphia, PA 19107-2955. Send Board Room. Family Law Section Executive Com- Bar Association-related calendar items 30 days in advance to Jeff Lyons, Senior Managing Edi- Real Property Section Executive Com- mittee: meeting, 12 p.m., 11th Floor tor, Philadelphia Bar Reporter, Philadelphia Bar Association, 1101 Market St., Philadelphia, mittee: meeting, 12 p.m., Zarwin Baum Committee Room South. PA 19107-2955. Fax: (215) 238-1159. Email: [email protected]. Barristers’ Installation Sept. 10 U.S. C  A C )e Installation Ceremony will Judge )eodore A. McKee will pre- also welcome the following new and side over the Barristers’ Association of returning Advisory Board members: Philadelphia, Inc. 64th Annual Instal- George R. Burrell, Universal Compa- lation Ceremony on Wednesday, Sept. nies; Hon. Renee Cardwell-Hughes Law School 10 at 6:30 p.m. at the Ritz-Carlton (ret.), American Red Cross; Val- Philadelphia, 10 Avenue of the Arts. erie I. Harrison, Lincoln University; Outreach )e program is co-sponsored by Kes- Ronald J. Harper, )e Law Firm of sler Topaz Meltzer & Check, LLP. Harper & Paul; Naomi K. McLaurin, Grant G. Berger (left) of the YLD Executive Committee and Board )e Installation Ceremony will in- Philadelphia Bar Association; Kevin V. of Govenors Vice Chair Brad V. troduce the following Executive Board Mincey, Mincey & Fitzpatrick LLC; Shuttleworth touted the bene#ts of members for the 2014-2015 term: Scott W. Reid, Cozen O’Connor; Philadelphia Bar Association mem- Monique Myatt Galloway, president; Hon. Karen Y. Simmons, Philadelphia bership at a Rutgers School of Law Shabrei M. Parker, president-elect; Municipal Court; Leigh M. Skipper, - Camden student organizations fair on Aug. 20. The Bar Associa- Kevin Harden Jr., vice president of Federal Community Defender Office; tion’s Law School Outreach Initia- administration; Nathaniel L. Koonce Bernard W. Smalley Sr., )e Tucker tive volunteers are actively visiting II, vice president of finance; Roy Law Group; Denise J. Smyler, Ahmad, area law schools and meeting with D. Prather III, treasurer; Marcel S. Zaffarese & Smyler, LLC; Joel C. students. Pratt, recording secretary; Rachel M. Trotter, GlaxoSmithKline; Twanda Keene, corresponding secretary; Joel Turner-Hawkins, Allstate Insurance; Clymer, elected member; Saleemah and Rhonda Hill Wilson, )e Law Jones, elected member; V. Amanda Offices of Rhonda Hill Wilson, P.C. Witts, appointed member; Ade B. Attendance is complimentary, but Galloway, appointed member; and an RSVP to phillybarristers@gmail. Amber Racine, immediate-past com by Tuesday, Sept. 2, is required president. for admittance. philadelphiabar.org September 2014 Philadelphia Bar Reporter 21 Even as the network of agencies con- Bar Foundation Last year alone, the tinues to grow, the demand for services continued from page 1 continues to outpace the capacity of the Philadelphia Foundation granted public interest community to deliver Bar Foundation phia Bar Foundation. Originally, it more than $600,000 services. Only one out of five low-income focused on criminal justice reforms, train- individuals in need of legal assistance Presidents ing for police in an era of raised awareness to 35 organizations. has access to those services. To fulfill the of civil rights, promoting opportunities These unrestricted fundamental promise of access to justice David Berger...... 1965-1966 for minority law students, and support- for all, the Bar Foundation and its sup- Marvin Comisky...... 1967 ing technical innovations to improve the funds are essential to porters must increase our collective efforts Ernest Scott...... 1968-1969 administration of justice. Having tackled the agencies’ abilities to respond to the growing need. H. Ober Hess...... 1970-1971 those difficult issues, the Foundation So what are we going to do on Nov. 8 Louis D. Apothaker...... 1972 turned to another issue that was then only to manage their opera- (and throughout this Anniversary Year)? Sadie T. M. Alexander...... 1973 beginning to be addressed – providing tions. )e Andrew Hamilton Gala has Joseph K. Gordon...... 1974-1976 access to justice for the underprivileged. never been just a party. It has been a John Butterworth...... 1977-1978 )at was just the beginning. critical piece of the Foundation’s efforts Paul Carpenter Dewey....1979-1980 Over the next 30 years, the Bar Foun- to promote its mission. At the National Jerome E. Bogutz...... 1981 dation, in partnership with the Bar Asso- funds are essential to the agencies’ abilities Constitution Center, with an original Hon. Bruce Kauffman...1982-1983 ciation, helped found and/or foster public to manage their operations. In addi- copy of the Bill of Rights exhibited, the Marvin Comisky...... 1984 interest legal aid entities whose critical tion, the agencies are able to leverage the Foundation will continue that tradition, Peter Hearn...... 1985 services to Philadelphians – the elderly, imprimatur of the Bar Foundation to as it takes this occasion to honor some of Richard N. Weiner...... 1986 the young, the impoverished, the working attract other funding and to diversify and the many who have been instrumental to Hon. Jan E. Dubois...... 1987 poor, the recent immigrants, the ill, the strengthen their financial health. )ere is the Foundation. Harold Cramer...... 1988 abused, the homeless – strengthen and more being done. t'JSTU UIFQSFTJEFOUTPGUIF'PVOEB- Francis P. Devine III...... 1989 stabilize our families, communities and While the Foundation’s emphasis tion. As Debbie Gross, the Bar Foun- Ralph W. Brenner...... 1990 general welfare. )e Foundation began remains focused on grantmaking, its dation’s current president observed, Marshall A. Bernstein...... 1991 to raise funds from the legal community mission extends to fostering collabora- “Without the leadership of this group Timothy J. Carson...... 1992 and provide substantial economic support tion and innovation. )e Bar Foundation of distinguished members of the bar, Sydney M. Avent...... 1993 to this growing group of legal services joins with other stakeholders – govern- the Foundation would not be where it is Richard M. Rosenbleeth...... 1994 organizations, e.g., Community Legal ment, the public interest community, today.” Louis W. Fryman...... 1995 Services, the Public Interest Law Center the Bar Association and the courts – to tɨF'PVOEBUJPOXJMMQSFTFOUUP Mark A. Aronchick...... 1996 of Philadelphia and the Support Center promote innovative, collaborative strate- Robert C. Heim the inaugural Honorable Martin Greitzer...... 1997 for Child Advocates. In its third decade, gies to improve access to justice for all. Louis H. Pollak Champion of the Public Judith E. Harris...... 1998 the Bar Foundation provided more than For example, in 2013 the Bar Foundation Interest Award. Judge Pollak remains in David Unkovic...... 1999 $2 million in unrestricted operating provided support to the collaborative our collective memories as a lawyer and Carol G. Huff...... 2000 funds. By the end of its fourth decade, the Landlord Tenant Legal Help Center. jurist who throughout his life champi- Gabriel L. I. Bevilacqua...... 2001 funds granted by the Bar Foundation had Also in 2013, the Foundation secured oned the rights of the underprivileged. Gerald A. Mchugh Jr.....2002-2003 tripled and that trend continues. At the a reservation of rights for land from the As a hero to so many of us, it is a great Edward F. Chacker...... 2004 same time, the network of public interest City of Philadelphia to create an Equal honor that his wife has allowed us to pres- Robert D. Lane Jr...... 2005-2006 organizations continued to grow and Justice Center to house many of the ent an award in his name to Bob Heim. Elaine M. Rinaldi...... 2007-2008 today constitutes more than 30 public Foundation’s grantees. )is groundbreak- )roughout Bob’s career, he has advo- Amy B. Ginensky...... 2009-2010 interest legal aid and affiliated service ing project will provide better and more cated in the public interest and staunchly Wendy Beetlestone...... 2011-2012 agencies. Unrestricted grants are key. economical space, allow grantees to take supported Philadelphia’s public interest Deborah R. Gross...... 2013-2014 One of the Foundation’s most im- advantage of shared services, and make bar, as well as consistently demonstrated portant roles is providing unrestricted life easier for clients, who often now come personal support of the Foundation. outstanding pro bono efforts of a local funds to this network of nonprofit legal to one agency only to find out that their tɨFFWFOJOHXJMMCFmMMFEXJUI law firm or corporate legal department, services organizations. Last year alone, the problem is handled by another agency other honors and highlights, including and the Philadelphia Bar Foundation Foundation granted more than $600,000 in a different location. And our work is the awarding of the Philadelphia Bar Award, honoring an exceptional public to 35 organizations. )ese unrestricted never finished. Foundation’s Pro Bono Award, honoring interest attorney. )e recipients will be announced in advance. Most of all, it will be a night to honor ANDREW HAMILTON GALA all who have assisted the mission of the Bar Foundation. We invite all members of the Bar, the public interest community, and the judiciary to join the Bar Founda- tion to celebrate and honor the past and ensure the future. For more information, contact the Philadelphia Bar Founda- National Constitution Center, November 8, 2014 tion’s Executive Director Jessica Hilburn- Holmes at [email protected] Commemorating the past, celebrating the present, or 215/238-6347. and securing the future for ourselves, Leslie E. John ([email protected]), a our grantees and the communities we serve. partner with LLP and Amy B. Ginensky ([email protected]), a Register at www.philabarfoundation.org senior partner with Pepper Hamilton LLP, are For information and donor opportunities, contact Jessica R. Hilburn-Holmes, Esq. co-chairs of the Andrew Hamilton Gala. at 215-238-6347 or [email protected].

22 Philadelphia Bar Reporter September 2014 philadelphiabar.org Kimya S. P. John- Sheryl L. Axelrod, son, director of founder of )e People diversity, inclusion Axelrod Firm, PC, and pro bono at was one of the three Cozen O’Connor, individuals appoint- has been elected to ed by the president Gaetan J. Alfano, a Marilou E. Wat- Einstein Healthcare of the American Bar partner in Pietra- son, a partner with Network’s Board of Association to the gallo Gordon Alfano Fox Rothschild Overseers. ABA’s Gender Equity Task Force. Bosick & Raspanti, LLP, received the LLP and Vice Chan- Philadelphia Business Paul D. Keenan of Lloyd Freeman, an cellor of the Philadel- Journal’s Minority Keenan Cohen & associate with Archer phia Bar Association, Business Advocate Merrick P.C. recently & Greiner P.C., was a presenter at the Award at a special gave a presentation has been appointed CLE seminar “Trial dinner on Aug. 7. on rail carrier limita- to the of a Federal Court Case” sponsored by tions of liability to Supreme Court Civil the Pennsylvania Bar Institute on July 23. Kathleen D. Wilkin- the Annual Meeting Practice Committee. son, a partner of the Transportation Stella M. Tsai, a with Wilson Elser Association in Vail, Colo. partner with Archer Moskowitz Edelman Kevin Harden Jr., an & Greiner P.C., is & Dicker LLP and Richard M. Jurewicz, associate with Eckert to be honored Sept. a former Chancellor a senior partner at Seamans Cherin & 4 by the Pennsyl- of the Philadelphia Galfand Berger, LLP, Mellott, LLC, has vania Diversity Bar Association will was a course planner been named an ex Council as one of receive the “Leadership Excellence in the and speaker for the officio member of its “Most Powerful Law Award” at the 5th Annual Philadel- CLE seminar “)e the Public Inter- and Influential Women” in recognition phia Diversity and Leadership Confer- Pain Puzzle – How est Law Center of of her leadership, accomplishments and ence on Sept. 4. to Prove a Pain Case” Philadelphia Board of Directors. professionalism. on July 24. Amanda K. DiChello, an associate with Daniel Jeck, a H. Ronald Klasko, Saul Ewing LLP, served as a faculty mem- Kevin E. Raphael, partner at Eisenberg, founding partner ber for the CLE program “Hot Topics a partner with Rothweiler, Win- of Klasko, Rulon, in Fiduciary Litigation” presented by the Pietragallo Gordon kler, Eisenberg & Stock & Seltzer, LLP, Pennsylvania Bar Institute on Aug. 5. Alfano Bosick & Jeck, P.C., recently recently presented Raspanti, LLP, was spoke about civil “Hot Issues in EB-5” Steven Berk, a part- a presenter at the trial tactics during at the Artisan Busi- ner at Segal, Berk, Defense Research a Pennsylvania Bar ness Group’s 5th Gaines, & Liss, has Institute’s second Institute on distracted driving. Annual EB-5 Boot Camp in Los Angeles. been elected to a annual Government Enforcement and He recently presented “Preparing for the third term as chair of Corporate Compliance Seminar on July Leslie E. John, a I-829 Bubble” during a webinar spon- Einstein Healthcare 24-25, 2014 in Washington, D.C. partner with Bal- sored by NES, the largest EB-5 escrow Network’s Board lard Spahr LLP, is administrator. of Trustees, the Sang Woo Lee, an featured in the 2014 governing body of the organization, and associate in Marshall edition of Top 250 Phyllis Horn Ep- Einstein Healthcare Network’s Board of Dennehey Warner Women in Litiga- stein, a partner with Overseers. Coleman & Goggin, tion, published by Epstein, Shapiro & has been named to Benchmark Litiga- Epstein, PC, served Theodore Simon, a the Lawyers of Color tion, a legal guide that evaluates leading as moderator and sole practitioner, was Hot List for the law firms and attorneys based on peer organizer of a sworn as president Eastern U.S. region. and client interviews. panel discussion of the National As- at the American sociation of Criminal Frank Cervone, Anthony R. La Ratta, Bar Association Tax Section meeting in Defense Lawyers executive director of a partner with Ar- Washington, D.C., on May 9. She also at its 57th Annual Support Center for cher & Greiner P.C., spoke at the Pennsylvania Bar Institute Meeting on Aug. 2. Child Advocates, has been reappointed seminar “)e Family of Laws” on June recently received the as chair of the 6 highlighting the tax aspects of a family Steven K. Mignogna, )ird Annual Mark Probate & Fiduciary law practice. a shareholder with Hardin Award for Litigation Commit- Archer & Greiner Child Welfare Legal tee of the American Deborah A. Beck, P. C . , p r e s e n t e d “ S e v - Scholarship and Bar Association. of counsel at Rawle en Deadly Claims” Systems Change from the American Bar & Henderson LLP, at the American Law Association Center on Children and the will be a presenter Institute CLE Group Law in New Orleans. “People” highlights news of members’ awards, at the 30th Annual “Representing Estate honors or appointments of a community or Fall Meeting of the and Trust Beneficiaries and Fiduciaries” John Dogum, Amit Shah and Joseph Con- civic nature. Send news to Jeff Lyons, Senior Workers’ Compen- in Chicago on July 24. He has been reap- lan of Martin LLC are certified workers’ Managing Editor, Philadelphia Bar Reporter, sation Law Section pointed to a second term as chair of the compensation specialists after successfully Philadelphia Bar Association, 1101 Market of the Pennsylvania Bar Association in Litigation, Ethics and Malpractice Group taking the Pennsylvania Bar Association St., 11th fl., Philadelphia, PA 19107-2955. Hershey, Pa., on Sept. 11. of the American Bar Association. certification exam. E-mail: [email protected]. philadelphiabar.org September 2014 Philadelphia Bar Reporter 23 24 Philadelphia Bar Reporter September 2014 philadelphiabar.org