COLUMBUSbriefsBAR Summer 2006 Receivership By Michelle R. Dudley . .8 STAT! ASAP! PDQ! By Bruce A. Campbell . 9 Lawyer As Advisor By Alvin E. Mathews . .14 Supreme Court Watch By William A. Nolan & Julie B. Smith . 16 What The Blog? By Christopher R. Geidner . 17 The ART Of Birthing By Susan Garner Eisenman . .18 Appealability In Federal And Ohio Courts By Mary Beth Young . 22 The Wild West Could Get Wilder For Judges By The Honorable David E. Cain . 24 A Cornucopia Of Google Resources By Ken Kozlowski . 29 What Happens If Your Client’s Defense Triggers Immigration Issues? By Jay G. Perez . 34 Guidelines For Writing An Ohio Court Of Appeals Brief By Nancy Manougian . 38 Charitable Festivals In Ohio By Michael E. Zatezalo . 42 A SUPPLEMENT TO THE DAILY REPORTER 2 Mission: Possible: MPDI II By Patty Wise 4 And In Conclusion By Sally W. Bloomfield COLUMBUS BAR 5 Why Be A Member? By Belinda S. Barnes briefs 6 Destiny Carries A Briefcase By Patty Wise 8 Receivership By Michelle R. Dudley 9 STAT! ASAP! PDQ! Columbus Bar Association By Bruce A. Campbell Officers 10 At Will In Ohio By Deborah Pitluk Ecker President: President-Elect:Belinda S. Barnes 12 Notary Know Nos! Nelson E Genshaft By Leon Friedberg Secretary/Treasurer: Immediate Past President:Kathleen M. Trafford 14 Lawyer As Advisor Sally W. By Alvin E. Mathews Bloomfield 15 Uncovering Treasures By Janine Aquino Board of Governors 16 Supreme Court Watch By William A. Nolan & Julie B. Smith David S. Bloomfield, Jr. Hon. James L. Graham 17 What The Blog? Marie-Joëlle C. Khouzam By Christopher R. Geidner Stephen L. McIntosh Robert G. Palmer 18 The ART Of Birthing By Susan Garner Eisenman David T. Patterson Mark C. Petrucci 19 The Push To Ban Gay Adoptions Kristy J. Swope By Thomas N. Taneff Elizabeth J. Watters 20 Is It Really Equitable Distribution? Bradley B. Wrightsel By Gary A. Moll OSBA District Representative: Reginald W. 22 Appealability In Federal And Ohio Courts Jackson By Mary Beth Young ABA Delegate: Executive Director:Carl D. Smallwood 24 The Wild West Could Get Wilder For Judges Alexander Lagusch By The Honorable David E. Cain Communications Director: Editor: Emily Eastin 25 Hail And Farewell Hon. Mark R. Abel By The Honorable Mark R. Abel Managing Editor: Production: Esther Kash 26 Civil Jury Trials Editorial Staff:The Daily Reporter By Belinda S. Barnes & Joshua R. Bills Jessica Roberts 29 A Cornucopia Of Google Resources By Ken Kozlowski Columbus Bar briefs is published by The Daily 30 Out-Of-State Defendants By Daniel N. Jabe Reporter for the Columbus Bar Association, 175 South Third Street, Columbus, Ohio 43215, 32 Sovereign Immunity In Bankruptcy 614/221.4112, four times a year — Winter, By Tyson A. Crist Spring, Summer and Fall. Statements or opinions expressed herein are those of the authors and do 33 Guidepost To The Invisible Web By Ellen Smith not necessarily reflect those of the Columbus Bar Association, its officers, board, or staff. 34 If Your Client’s Defense Triggers Immigration Issues? By Jay G. Perez —— 35 The Black Laws NOTICE By Stephen Middleton, Reviewed by Janice C. Katz Any statements pertaining to the law 36 “Mental Only” And The Constitution contained in this magazine are intended By John C. Barno solely to provide broad, general Find what you need to know in each issue of 37 Enhancing The Profession information, not legal advice. Readers By Trisha L. Balthaser should seek advice from a licensed attorney The Daily Reporter - from the fair, accurate with regard to any specific legal issues. reporting of general business issues and 38 Guidelines For Writing An Ohio Court Of Appeals Brief By Nancy Manougian articles of interest to legal professionals, 41 Permanent Spousal Support to our timely court summaries, to complete By Janice M. Flowers legal listings of trial assignments, judicial 42 Charitable Festivals In Ohio proceedings and public notices. By Michael E. Zatezalo 44 My French Connection By Janyce C. Katz 580 S. High St., Suite 316 • Columbus, OH 43215 (614) 228-NEWS (6397) • www.sourcenews.com 1 Summer 2006 briefs attention, does this mean the Diversity Y Initiative is “a 100 percent success,” hands T MISSION: POSSIBLE: MPDI II shaken, case closed? I No. What it means, says Ms. N Bloomfield, is that Columbus is starting Y Managing Partner’s Diversity Initiative charts 2010 U from a better place than five years ago. “This is the signal year we get to leverage T M By Patty Wise the passion of the original Managing I M Partner’s Diversity Initiative with superior knowledge about how to improve in the O N next five years, specifically, retention ew who were present will likely • Minority partners increased 100 percent, C efforts and continued changes in firm forget the moment six years ago from 14 to 28 culture.” U L when Carl Smallwood, taking office • Minority associates increased 119 F Adds George Hairston, managing A as the Columbus Bar’s first African percent, from 31 to 68; partner of Baker & Hostetler and current American president, issued a call to action • Minority summer associates increased G M chairman of the Diversity Initiative at the organization’s annual meeting. 100 percent, from 19 to 38; Left: Carl D. Smallwood, past-president 2000-2001 E Advisory Board, “Minority representation “We have captured in this room • Minority attorneys overall increased 117 in our firms is clearly much better in 2006 Right: Alex Lagusch, Annette Hudson-Clay, George W. Hairston L energy we cannot waste. We have an percent, from 47 to 102; M Patty Wise than 2000, but the reality is we’ve also seen opportunity we cannot waste, to light the • Small firms increased minority attorney some excellent minority attorneys choose way for bar associations around the representation from 1.3 percent to 7 to leave this year. Recruitment is a vital country. percent, (3 to 27); O step, and we’ve gotten good at it. But PARTICIPANTS Right here. Right now.” generate the critical mass we clearly • Medium-sized firms from 5.8 percent to long-term diversity also requires building He continued: lacked,” Smallwood recalls. 7.12 percent, (16 to 22); in the 2006-2010 Managing Partners’ Diversity Initiative are: C an environment for success and “With your help, we will forge a So 2000 became a year of drafting, • Large law firms from 3.8 percent to 6.8 satisfaction that keeps minority attorneys • Bailey Cavalieri LLC • Luper Neidenthal & Logan LPA commitment to help our law firms become consensus building, redrafting – all to percent, (27 to 53). wanting to stay.” • Baker & Hostetler LLP • Maguire & Schneider LLP more inclusive. A commitment to do so create a signatory document that sought to • Of the 229 attorneys hired in Columbus L On May 23 of 2006, the participating • Benesch Friedlander Coplan & • Porter Wright Morris & Arthur LLP sooner, not later. A commitment in significantly change the face of the since 2000, 24 percent were lawyers of firms and organizations came together to Aronoff LLP • Reminger & Reminger Co., LPA writing, not merely in words. A Columbus legal community within five color. A sign a new document, renewing their • Blaugrund Herbert & Martin • Schottenstein Zox & Dunn Co., LPA commitment directed to real change, not years. commitment to diversity and agreeing to Incorporated • Squire Sanders & Dempsey LLP token numbers.” In June of 2001, the Columbus “For five years the Columbus legal new action steps for the next five year • Bricker & Eckler LLP • Thompson Hine LLP G It was the year 2000, a new century, legal community came together to make community has powered a comprehensive period through 2010. The renewed • Buckingham Doolittle & Burroughs • Vorys Sater Seymour and Pease LLP a perfect turning point to address what a it official – an historic public pledge to effort to recruit, retain and promote initiative was created after extensive LLP • Wiles Boyle Burkholder & E national legal publication had recently increase the racial diversity of area law talented minority attorneys, an effort research, surveys and focus groups within • Carlile Patchen & Murphy LLP Bringarder Co., LPA pointed out in, well, black and white: firms. The effort was joined by twenty- reflected in firms of every size from twice the Columbus legal community. It sets • Carpenter & Lipps LLP L Columbus’s legal community came up two Columbus law firms (now 24), the the number of minority partners to twice forth a menu of best practices that • Chester Willcox & Saxbe LLP Additional participants woefully short in racial diversity, lacking John Mercer Langston Bar Association, the minority summer clerks,” said Sally emphasize four areas: retention, • Crabbe Brown & James LLP • Capital University Law School opportunities for talented men and comprised primarily of African Bloomfield, president of the Columbus Bar. recruitment, law firm culture and • Hahn Loeser + Parks LLP • The Ohio State University Moritz women of color that could be found American attorneys; the Ohio State Others have noticed. Since 2001, the infrastructure for inclusion. Each • Isaac Brant Ledman & Teetor LLP College of Law elsewhere. University Moritz College of Law; Bar’s effort has become a model program participating organization agrees to write a • Jones Day • John Mercer Langston Bar In truth, many Columbus law firms Capital University Law School; and the for bar associations across the country diversity plan with measurable results • Kegler Brown Hill & Ritter Association were strongly committed to becoming Columbus Bar. The initiative committed and has been recognized locally, based on the best practices that meet its • Lane Alton & Horst LLC • Columbus Bar Association more diverse and were already working each of the participating firms to statewide and nationally, including the specific needs. Those plans will be reported on it individually.