CBA Report Ma rch 2 012 e s u b A g u r Rx D al Changes g e L s k r Spa THE 25TH ANNUAL C O R P O R AT E L AW C E N T E R SYMPOSIUM Implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act March 30, 2012 8:45 a.m.–4:45 p.m. UC College of Law, Room 114 Six hours of CLE credit have been applied for in Ohio and Kentucky. Approval is expected. This event will be webcast. For details, contact Lori Strait at [email protected] or 513-556-0117. T he Cincinnati Bar Association, founded in 1872, is an Ohio not-forprofit corporation, the members of which are attorneys principally practicing in Hamilton County, Ohio. Its mission is to maintain the highest professional standards among attorneys, to enhance the professional competence of attorneys, to improve the administration of justice, to serve the needs of members, and to provide law-related service and education to the public. table of contents CBA Report Cincinnati Bar Association Board of Trustees W. Breck Weigel, President Anthony E. Reiss, President-Elect Jean Geoppinger McCoy, Vice President John P. Tafaro, Secretary Stanton H. Vollman, Treasurer Thomas L. Cuni, Immediate Past President Erin M. Alkire Susan Bailey-Newell Natasha M. Cavanaugh Stacy A. Cole Eric K. Combs Douglas R. Dennis Jack B. Harrison Joseph D. Heyd Staci M. Jenkins David M. Lafkas Hon. Steven E. Martin Richard L. Moore Michael J. Newman Laura S. Raines Dale A. Stalf John Mark Williams John B. Pinney, ABA Delegate John C. Norwine, ex officio Correspondence regarding this publication should be sent to: Editor, CBA Report 225 East Sixth Street, 2nd Floor Cincinnati, OH 45202-3209 (513) 381-8213 • FAX (513) 381-0528 e-mail: [email protected] Requests for advertising information should be sent to: George R. Quigley Sr. Advertising Director 7270 North Mingo Lane Cincinnati, OH 45243 (513) 779-7177 • FAX (513) 779-2832 e-mail: [email protected] The CBA Report (USPS Permit No. 5415) is published monthly by the Cincinnati Bar Association, 225 East Sixth Street, 2nd Floor, Cincinnati, Ohio 45202-3209, (513) 381-8213. CBA membership includes a sub scription. Non-member subscriptions are $30 per year. Third-class postage paid at Cincinnati, Ohio. Postmaster: Send address changes to CBA Report, c/o The Cincinnati Bar Association, 225 East Sixth Street, 2nd Floor, Cincinnati, Ohio 45202-3209. ©Copyright 2012 by The Cincinnati Bar Association. All rights reserved. Reproduction in whole or in part without permission is prohibited. The CBA Report is published as part of the CBA’s commitment to provide membership with information relating to issues and concerns of the local legal community. Opinions and positions expressed in the signed material are those of the author and may not necessarily reflect those of the CBA. www.CincyBar.org What’s inside… 4 5 12 14 16 18 President’s Brief I Am a Lawyer By Breck Weigel, President, Cincinnati Bar Association Cover Article Ohio’s New Law Combats Prescription Drug Abuse By Rosemary D. Welsh Tech Tip Mastering PDF: Tips & Tools for Creating PDF Documents By Emily M. Janoski-Haehlen Feature Article Finding it Fast and Free on the Internet By Derek Somogy Feature Article Institute Prepares Women for Leadership By Mary W. Sullivan In the Spotlight Attorney Volunteers Bring Mock Trial to Life for High School Students By Jeffrey Krismer and Mallory Sestic Johnson Also inside… 23 39 CBA Staff Directory 20 Cincinnati Bar Foundation 39 Classified Ads 22Committee Corner 27 Continuing Legal Eduction 31 CLE Seminar Calendar Ethics Hotline 32 Legal Community News 33Member/Firm News 23 Member Services 38Memorials 24 Young Lawyers Section l March 2012 CBA REPORT 3 president’s brief I Am a Lawyer W W hile I have no illusions as to my legacy as CBA president, I think most lawyers hope to be remembered as workman-like lawyers: passionate about what they do and the profession as a whole. I had that same feeling when I had the privilege of meeting with former general counsel of Procter & Gamble, Powell McHenry. I have always wanted to meet Powell — I practiced law for many years with both his daughter, Gale, and son-in-law, John McLaughlin, as well as his life-long friend, Gene Ruehlmann. He was the last CBA president (197980) to serve while working as an in-house lawyer. Like myself, he spent 25 years as a litigator in a larger firm before jumping to the corporate ranks. Now, you can say “I know Powell McHenry and, Weigel, you’re no Powell McHenry.” I get it. But Powell’s message and story made me proud to be a part of this profession. He is a great storyteller and a true gentleman. A West Side native — who still has a home in Bridgetown when he’s not in Florida — Powell is the kind of guy who smiles to recall how his Western Hills High School football team defeated Elder his senior year. While waiting to be called into World War II, he started college with no clear direction. “I knew I wanted to be a doctor or a lawyer, but I really didn’t know what a lawyer did,” he said. “And I didn’t want to compete with the guys who were becoming doctors. I knew they were really smart.” After serving in the U.S. Navy from 1944-46 — including training in the By Breck Weigel science and servicing of radar and sonar, new technology at the time — he finished his undergraduate degree at UC in political science and economics. He married Venna in 1948, and started law school at Harvard “because one of my professors said to go to one of the top law schools.” Three years later, after meeting the part- Breck Weigel, right, talks with Powell McHenry after a laugh-filled lunch. ners at Dinsmore, including yet-to-be Supreme Court Justice Potter Stewart, he landed a job in his hometown. It was a time of much change in the legal world. Far-reaching antitrust rulings impacting P&G, Federated Department Stores and others were changing the way companies did business. Powell found himself on the cutting edge of a practice area that would dominate commercial litigation for years to come. Powell was invited to join P&G in 1975. By 1976, he became general counsel — just as the “shared monopoly” theory was being tested — and rejected — by the Federal Trade Commission. Beginning in 1980, 2,500 product liability suits and claims were brought against P&G alleging that Rely tampons caused toxic shock syndrome, a new and poorly understood disease. Powell engaged a team of Dinsmore lawyers, led by Tom Calder and Frank Woodside, who successfully tried or resolved the cases over the following years. Powell retired from Procter in 1991. At that time, the legal staff there had grown to 138 attorneys and was one of “the largest firms in the city.” Powell also fondly recalls his service to the CBA. “Martha Jane (Perin) called me in the early 1970s to be on the board.” It was no coincidence that Potter Stewart addressed the CBA Annual Meeting that year in 1979 when Powell took office as president. He’s proud of how the CBA supports the community, education for lawyers and enhances the image of lawyers. At 85, the now-widowed father of four and grandfather of 11, divides his time between Bridgetown and Naples, Fla. He still practices law principally representing “clients who don’t pay me.” “I want to keep my ticket…it’s my identity,” Powell said. “I am a lawyer.” May it be so for all of us. Breck Weigel is the 2011-2012 president of the Cincinnati Bar Association. 4 March 2012 CBA REPORT www.CincyBar.org l cover article Ohio’s New Law Combats e s u b A g u r D n Prescriptio O O hio is engulfed by an epidemic of prescription drug abuse, and lawmakers have taken aim at rogue medical practices that operate as “pill mills.”1 H.B. 93 took effect on May 20, 2011, and imposed strict new controls that impact both individual physicians and pain management clinics. The new law was based, in part, on findings from the report of the Ohio Prescription Drug Abuse Task Force issued in 2010.2 The Task Force reported that the death rate from unintentional drug overdoses increased by more than 300 percent from 1999 to 2008. Prescription pain medications such as methadone, oxycodone, hydrocodone and fentanyl are largely responsible for this alarming increase. In fact, prescription opioids are associated with more overdoses than any other prescription or illegal drug, including cocaine and heroin. Based on the significant increase in unintentional drug poisoning, the General Assembly declared the Act to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety.3 Representative Terry Johnson, a physician that co-sponsored the bill, stated that in addition to the loss of life, the trade in diverted prescription drugs in Southern Ohio has created a shadow economy involving huge quantities and exorbitant profits.4 In Scioto County, where Dr. Johnson practices, oxycodone sells for $80 a pill. “No one should suffer in pain needlessly, and legitimate sufferers must continue to receive needed medication, but the abuse has to stop,” Johnson stated. www.CincyBar.org By Rosemary D. Welsh Multiple factors have combined to exacerbate the epidemic. Beginning in the 1990s, medical professionals recognized that pain was under-treated in clinical settings, and new practice parameters were developed at both the national and state levels. In 1998, the State Medical Board of Ohio adopted standards of care for the treatment of intractable pain that were directed primarily to end of life care.5 A physician that treated intractable pain with prescription drugs was subject to disciplinary action by the Medical Board only if the prescription drugs were not utilized in accordance with the rules.6 Such changes in medical practice, coupled with aggressive marketing strategies by pharmaceutical companies and direct marketing to consumers, resulted in a growing use of prescription pain killers throughout Ohio. The unlawful diversion of these regulated drugs has flooded illicit markets with controlled substances, fueling the epidemic. H.B. 93 provides a multi-pronged approach to curtailing the epidemic that includes licensing and regulation of pain management clinics, limits on controlled substances, changes to the automated prescription reporting system, and revision of the legal basis for pain treatment with dangerous drugs. Regulating Pain Clinics The bill defines a pain management clinic as a facility for which the primary component of practice is treatment of pain or chronic pain and which includes the use of controlled substances, tramadol, or carisoprodol for the majority of patients.7 Even a family practice, an internal medicine practice, or other type of practice that is not limited to pain management is classified as a pain management clinic if these two criteria are met. However, the administrative rules for pain management clinics adopted by the State Medical Board of Ohio provide an exclusion. Patients who are being treated with controlled substances for an injury or illness that lasts or is expected to last 30 days or less are not considered in the calculation of the majority.8 Existing Ohio law has long required a terminal distributor of dangerous drugs to be licensed by the Ohio State Board of Pharmacy.9 The bill establishes “pain management clinic” as a classification of terminal distributor.10 In addition to the requirements applicable to all terminal distributors, licensees with a pain management clinic classification must also demonstrate that the facility is owned and operated by one or more physicians licensed to practice medicine or osteopathic medicine, ensure that employees comply with requirements for the operation of pain management clinics, submit criminal records checks of any owner of the facility to the Pharmacy Board, ensure no employees have been convicted of or pleaded guilty to a felony, and maintain a list of persons with ownership of the facility.11 An applicant that meets the requirements for operation of a pain management clinic will be licensed as a category III terminal distributor of dangerous drugs.12 A category III license authorizes the holder to possess, have custody or control of, or distribute l March 2012 CBA REPORT 5 cover article any controlled substance contained in schedule I, II, III, IV, or V.13 The General Assembly charged the Medical Board with adopting standards and procedures for the operation of pain management clinics, and these rules became effective August 31, 2011.14 The new rules require a pain management clinic to have proper equipment, materials, and personnel on the premises to provide appropriate medical treatment as required by the minimal standards of care.15 The clinic must comply with the Drug Prevention and Control Act, 21 U.S.C. 801, et seq., and Chapters 3719, 4730 and 4731 of the Revised Code and conduct a quality assurance program to monitor and evaluate the quality and appropriateness of patient care. A daily log of patients, personally signed by each patient, must be maintained for seven years. Each patient must give informed consent prior to the start of treatment, with full disclosure as to the nature and purpose of the treatment and its risks and benefits. The background, training, certification and licensure of all clinical staff must be documented, and licensure and certification must be verified annually. Adequate billing records must be maintained, and patient records must be kept for seven years from the last date of treatment. New Limits on Prescribers Individual physicians, podiatrists, and dentists that prescribe controlled substances are also subject to new requirements. The bill limits the amount of controlled substances that prescribers may personally furnish each month and in any 72-hour period.16 “Personally furnish” refers to a provider’s providing a whole or partial supply of drugs to a patient for the patient’s personal use, but not the direct administration of a drug to a patient. In any 30-day period, the combined amount of controlled substances personally furnished by a prescriber may not exceed 2,500 dosage units. In any 72-hour period, the amount of a controlled substance provided to or for a patient may not exceed the amount necessary for the patient’s use in a 72hour period. Methadone is an exception. When personally furnished to a patient to treat drug addiction, methadone does not count toward the limits.17 Ohio’s Automated Reporting In 2006, the Ohio State Board of Pharmacy established the Ohio Automated Rx Reporting System, a drug database known as “OARRS,” to monitor the misuse and diversion of controlled substances and other dangerous drugs.18 OARRS can be used to generate a report regarding a specified patient’s prescription history of schedule II through V controlled substances, carisprodol, or tramadol (“reported drugs”).19 Wholesale distributors and certain terminal distributors are required to report information to OARRS regarding the delivery and dispensing of dangerous drugs.20 Prescribers must register on-line to gain access to OARRS, both to submit reports and to review a patient’s prescription history. The bill provides a new reporting requirement for prescribers who personally furnish controlled substances or other dangerous drugs specified by the Pharmacy Board.21 For purposes of OARRS, the Ohio Administrative Code defines “personally furnish” as “the distribution of drugs by a prescriber to the prescriber’s patients for use outside the prescriber’s practice setting.”22 A licensed health care professional that personally furnishes a controlled substance, carisprodol, or tramadol to a patient must report the following information to OARRS: • Prescriber identification; • Patient identification; • The date the prescriber furnished the drug; • Whether the drug is new or a refill; • Name, strength and national drug code of the drug; • Quantity of the drug furnished; • The number of days’ supply furnished; and • Source of payment for the drug furnished.23 Besides complying with reporting requirements, in certain cases health care practitioners must also access and review the OARRS prescription history for their patients. Each licensing entity, i.e., the boards for physicians, pharmacists, dentists, nurses, optometrists, and physician assistants, must adopt rules implementing the new OARRS review requirements. The Medical Board’s new rules became effective on November 10, 2011, and direct physicians to consult OARRS for guidance in determining whether a reported drug should be prescribed or personally furnished to a patient. If a physician believes or suspects that a patient may be abusing or diverting drugs, the new rule directs the physician to “use sound clinical judgment” in determining whether to use a reported drug.24 If the patient exhibits the following warning signs of drug abuse or diversion, however, an OARRS report is mandatory: (a) Selling prescription drugs; th 1000 Main St., 6 floor, Cincinnati OH 45202 513.936.5300 http://www.hamilton-co.org/cinlawlib/ Legal research onsite or from your home or office l (b) Forging or altering a prescription; (c) Stealing or borrowing reported drugs; (d) Increasing the dosage of reported drugs in amounts that exceed the prescribed amount; 6 March 2012 CBA REPORT www.CincyBar.org cover article (e) Having a drug screen result that is inconsistent with the treatment plan or refusing to participate in a drug screen; (f) Having been arrested, convicted or received diversion or intervention in lieu of conviction for a drug related offense while under the physician’s care; (g) Receiving reported drugs from multiple prescribers, without clinical basis; or (h) Having a family member, friend, law enforcement officer, or health care professional express concern related to the patient’s use of illegal or reported drugs.25 Other signs of possible abuse or diversion include: (a) A known history of chemical abuse or dependency; www.CincyBar.org (b) Appearing impaired or overly sedated during an office visit or exam; (c) Requesting reported drugs by specific name, street name, color, or identifying marks; (d) Frequently requesting early refills of reported drugs; (e) Frequently losing prescriptions for reported drugs; (f) A history of illegal drug use; (g) Sharing reported drugs with another person; or (h) Recurring emergency department visits to obtain reported drugs.26 Under the rule, a physician that detects these signs of possible abuse or diversion may, but is not required, to request an OARRS report of the patient’s prescription history. Even where a physician has no reason to believe that a patient may be abusing or diverting drugs, a physician who prescribes or personally furnishes reported drugs must obtain an OARRS report where treatment with dangerous drugs will continue for more than twelve continuous weeks and at least once annually thereafter.27 The Ohio State Medical Association has strongly encouraged all physicians who currently or may potentially prescribe reported drugs to register with OARRS.28 As a result, OARRS has experienced a high volume of applications. According to Danna Droz, administrator of the prescription monitoring program for the Oho State Board of Pharmacy, the time required to process registrations has stretched to nearly a month. Ohio does not have jurisdiction over federal facilities, however, and Droz stated that at present practitioners working at Veterans Administration hospitals and military bases do not participate in OARRS. The Pharmacy Board is working with the Ohio VA to enable practitioners to con- l March 2012 CBA REPORT 7 cover article tribute to and receive information from OARRS.29 New Legal Standards In 1997, the General Assembly directed the Medical Board to establish standards and procedures for diagnosing and treating what was termed “intractable pain.”30 Intractable pain was defined as “a state of pain that is determined, after reasonable medical efforts have been made to relieve the pain or cure its cause, to have a cause for which no treatment or cure is possible or for which none has been found.”31 The statute contemplated managing intractable pain by the use of “dangerous drugs in amounts or combinations that may not be appropriate when treating other conditions.”32 The rules promulgated by the Medical Board were codified in Chapter 4731-21 of the Ohio Administrative Code and set forth accepted and prevailing standards of care for the treatment of intractable pain.33 H.B. 93 changed the legal basis for the treatment of pain. The bill replaced the term “intractable pain” with “chronic pain,” which is defined as “pain that has persisted after reasonable medical efforts have been made to relieve the pain or cure its cause and that has continued, either continuously or episodically, for longer than three continuous months.”34 While recognizing that pain may extend beyond the normally expected healing period, the addition of a specific duration for pain to qualify as “chronic,” i.e., three continuous months, sharpens the definition. Pain associated with a terminal condition or with a progressive disease that may reasonably be expected to result in a terminal condition is specifically excluded from the definition of “chronic pain.”35 The bill left intact the requirement for a physician to maintain a record of the following information: 1.Medical history and physical examination of the individual; 2.The diagnosis of chronic pain, including signs, symptoms, and causes; 3.The plan of treatment proposed, the patient’s response to treatment, and any modification of the plan of treatment; l 4.The dates on which dangerous drugs were prescribed, furnished, or administered, the name and address of the individual to or for whom the dangerous drugs were prescribed, dispensed, or administered, and the amounts and dosage forms for the dangerous drugs prescribed, furnished, or administered; and 5.A copy of the report made by the physician or the physician to whom referral for evaluation was made.36 With the new definition in place, the Medical Board must adopt new rules regarding the standards and procedures to be followed in the diagnosis and treatment of “chronic pain” and develop new continuing medical education courses.37 According to Michael Miller, the Medical Board’s program administrator for policy and governmental affairs, the Board will begin work on the new rules in February. A multidisciplinary advisory panel including pharmacists, nurses, and medical specialists will make recommendations and prepare a draft of the new rules for the Board’s consideration. Although H.B. 93 changed the terminology from “intractable pain” to “chronic pain,” the guidelines for clinical practice to be adopted by the Medical Board are likely to retain the essential elements of the existing rules and to increase the emphasis on informed consent. Rule 4731-21-02 of the Ohio Administrative Code currently requires an initial evaluation that includes complete medical, pain, alcohol and substance abuse histories, assessment of the impact of pain on physical and psychological function, review of previous diagnostic studies and therapies, an assessment of co-existing illnesses, diseases or conditions, and a physical examination.38 The medical diagnosis must be documented along with the signs, symptoms, and causes of pain. An individual treatment plan is also documented with the medical justification for treatment of pain with prescription drugs on a protracted basis, the intended role of prescription drug therapy within the overall plan, and noting other medically reasonable pain treatments that have been tried. The patient must be counseled as to the risks and benefits of receiving prescription drug therapy and of available treatment alternatives, and the patient’s informed consent must be retained in the patient’s medical record. After establishing the treatment plan, the practitioner must see the patient at appropriate intervals to assess the efficacy of treatment, to assure that prescription drug therapy remains indicated, to evaluate progress, and to note any adverse drug effects. The practitioner must also assess functional status, the intensity of pain, and any interference with activities of daily living, quality of life, and social activities. The practitioner may obtain a drug screen if warranted, and the results should be documented. If the practitioner believes that the patient is suffering from addiction or drug abuse, the rule requires immediate consultation with an addiction medicine or substance abuse specialist. “Lock-In” Program Established Drug-seeking patients have become adept at increasing their access to prescription medication by requesting treatment from multiple practitioners simultaneously. A dentist prescribing a pain killer following a tooth extraction, for example, may not be aware that the patient is already receiving narcotics for a disc herniation. Where Medicaid recipients have over-utilized Medicaid services, federal law allows states to restrict Medicaid recipients to designated providers. Consistent with federal law, H.B. 93 requires each Medicaid managed care organization and the fee-for-service component of the Medicaid program to implement a coordinated services program for Medicaid recipients who are found to have obtained prescription drugs at a frequency or in an amount that is not medically necessary.39 Also referred to as a “lock-in,” a coordinated services program generally requires a Medicaid recipient to choose a single pharmacy as the provider for prescription medication, thereby minimizing the likelihood that a recipient will overuse prescription pain medication. Before dispensing any prescription, a pharmacist must review the patient profile to identify over-utilization, therapeutic duplication, and evidence of abuse/misuse, among other things.40 8 March 2012 CBA REPORT www.CincyBar.org cover article The bill also requires the Administrator of the Ohio Bureau of Workers’ Compensation (BWC) to implement a similar coordinated services program for claimants that have obtained prescription drugs at a frequency or in an amount that is not medically necessary.41 The Bureau already evaluates claims to ensure that injured workers are receiving appropriate medical services, which should facilitate implementation of a coordinated services program for workers’ compensation claimants. Workers’ Comp Pain Treatment The Ohio Administrative Code provides that medical supplies and services will be considered for payment under the Workers’ Compensation Act “when they are medically necessary for the diagnosis and treatment of conditions allowed in the claim, are causally related to the conditions allowed in the claim, and are rendered by a health care provider.”42 In State ex rel. Miller v. Industrial Commission, 71 Ohio St.3d 229, 231 (1994), the Ohio Supreme Court set forth a threepronged test for authorizing medical services under the Workers’ Compensation Act: 1.Are the medical services reasonably related to the conditions allowed in the claim? 2.Are the medical services reasonably necessary for treatment of the industrial injury? 3.Is the cost of these services medically reasonable? In a 2004 Position Paper regarding the use of prescription medication for the treatment of intractable pain, the Bureau acknowledged both the three-pronged test set forth in Miller and the administrative rules governing prescriptions of controlled substances.43 “Since these rules provide the legal authorization and criteria for use of prescription drugs for treatment of intractable pain, they must also be followed by physicians providing opinions for authorization of payment for such medications in claims in either file reviews or independent medical evaluations for BWC.” As long as a treating physician complies with these rules, the Bureau stated that “the use of pre- scription medication for the treatment of chronic intractable pain is acceptable in Ohio on a protracted basis or in amounts or combinations that may not be appropriate when treating other medical conditions.” The Bureau has contacted the Medical Board regarding its new rules, and it is likely that the Bureau will approve the extended use of prescription medication for the treatment of chronic pain prescribed in accordance with the new standards and procedures to be adopted by the Medical Board. Unintended Consequences The General Assembly, the Medical Board, and the Pharmacy Board are united in opposing improper prescription, dispensing, and use of dangerous drugs while at the same time assuring that medically necessary treatment for pain continues to be provided. Physicians that practice in the area of pain management, however, have expressed concern that the broad definition of “pain management clinic” contained in H.B. 93 will inevitably curtail the availability of legitimate pain treatment. Under the Experience Matters 23 66 years of successful mediation 4,900 years of combined mediation Over experience disputes mediated since 1988 Mediation, arbitration, facilitation and training available. P.O. Box 42351 Cincinnati, OH 45242 (513) 721-4466 cfrdmediation.com www.CincyBar.org Mike Kaufman, Todd Bailey, Sherry Davis, Bea Larsen, Jerry Lawson, Lori Ross l March 2012 CBA REPORT 9 cover article bill, any medical practice for which the primary component of practice is treatment of pain or chronic pain and which includes the use of controlled substances, tramadol, or carisoprodol for the majority of patients is a “pain management clinic” and subject to significant additional regulations. 44 Some practitioners believe that the impact of this section of the bill has been significantly misjudged. A family practice that includes a high percentage of geriatric patients treated for osteoarthritis or degenerative disc disease, for example, could result in more than 50 percent of patients receiving pain treat- ment with controlled substances. Even though a family physician who is very familiar with the patient’s entire medical history is often in the best position to manage chronically painful conditions, the physician may be deterred by the regulatory burdens that accompany a “pain management clinic” classification and simply abandon the use of controlled substances to treat pain. Such a result is not likely to be in the patient’s best interest, particularly where the patient has a dual diagnosis of chronic pain coupled with bi-polar disorder or schizophrenia. According to a pain management physician who practices in THE RIGHT INVESTMENT TEAM CAN HELP YOU MAKE SENSE OF TODAY’S ECONOMIC ENVIRONMENT In a market environment that is constantly changing, finding an experienced investment team you can trust has never been more important. RiverPoint Capital Management can help you manage through the uncertainty with a team that takes an active and prudent approach to wealth management through all the turns in the market. 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Such unintended consequences may come to light as H.B. 93 is fully implemented. Conclusion The American College of Surgeons has lauded Ohio’s success in passing laws to combat the epidemic of prescription drug abuse – one of only two states to stymie pill mills legislatively.45 In light of the abuse of prescription opioids continuing to rise more than 400 percent in ten years, more states must act to protect both patients and physicians. In 2001, the American Pain Society issued a joint statement with twenty other health organizations and the Drug Enforcement Administration entitled “Promoting Pain Relief and Preventing Abuse of Pain Medications: A Critical Balancing Act.”46 The consensus statement recognized that prevention of drug abuse “should not hinder patients’ ability to receive the care they need and deserve.” That balancing act will be critical as Ohio’s policy makers adopt the rules to implement H.B. 93. Welsh is of counsel with Vorys, Sater, Seymour and Pease LLP. Her practice encompasses a broad range of workplace issues, including workers’ compensation, retaliatory discharge, intentional torts and toxic exposures. 1 In August 2011, for example, a Scioto County physician, John S. Temponeras, M.D., lost his medical license after authorizing thousands of prescriptions for controlled substances without individualized treatment plans for each patient, knowing that the prescriptions would likely be filled by an unregistered dispensary owned by his daughter, Margy Temponeras, M.D., and failing to maintain adequate records of inventory. The State Medical Board of Ohio indefinitely suspended Dr. Margy Temponeras’s medical license by order dated January 11, 2012. It has been appealed in the Franklin County Court of Common Pleas. 2 Ohio Prescription Drug Abuse Task Force Final Report and Task Force Recommendations, October 1, 2010. 3 H.B. 93, Section 3. 4 Capitol Connection Bill History for H.B. 93, 129th General Assembly. 10 March 2012 CBA REPORT www.CincyBar.org cover article 5 OAC Chapter 4731-21. 6 OAC 4731-21-06(B). 7 R.C. 4731.054(A)(4)(a). While not narcotics, tramadol and carisprodol have been identified as having a high potential for abuse. 8 OAC 4731-29-01(A)(5)(c)(ii). 9 R.C. 4729.01(Q) defines terminal distributor of dangerous drugs as “a person who is engaged in the sale of dangerous drugs at retail, or any person, other than a wholesale distributor or a pharmacist, who has possession, custody, or control of dangerous drugs for any purpose other than for that person’s own use and consumption, and includes pharmacies, hospitals, nursing homes, and laboratories and all other persons who procure dangerous drugs for sale or other distribution by or under the supervision of a pharmacist or licensed health professional authorized to prescribe drugs.” Practiced in the art of 10 R.C. 4729.552. 11 R.C. 4729.552(B)(1)-(5). 12 R.C. 4729.552. 13 R.C. 4729.54(E)(5); R.C. 4729.54(A)(3); R.C. 3719.41. 14 R.C. 4731.054(C); OAC 4731-29-01. 15 OAC 4731-29-01(B)(6). 16 R.C. 4729.291(C)(1). 17 R.C. 4729.291(C)(2)(b). 18 R.C. 4729.75. Currently, Ohio is one of 48 states that either have operating prescription monitoring programs or have passed legislation to implement monitoring programs. The Alliance of States with Prescription Monitoring Programs, http://pmpalliance.org/content/ state-pmp-websites, accessed January 27, 2012. 19 R.C. 4729.80(A); OAC 4731-11-11(A)(5). 20 R.C. 4729.77 and R.C. 4729.78. 21 R.C. 4729.79. 22 OAC 4731-11-11. 23 R.C. 4729.79(A). 24 OAC 4731-11-11(B). 25 OAC 4731-11-11(B)(1). 26 OAC 4731-11-11(B)(2). 27 OAC 4731-11-11(C). 28 Medical Board OARRS Rule Finalized, OSMA, September 23, 2011. 29 Danna Droz, Administrator, Prescription Management Program, Ohio Board of Pharmacy, personal communication, January 27, 2012. 30 R.C. 4731.052. 31 R.C. 4731.052(A)(2). 32 R.C. 4731.052(B). 33 OAC 4731-21-02(A). 34 R.C. 4731.052(A)(2). 35 R.C. 4731.052(A)(2). 36 R.C. 4731.052(C). H.B. 4731.052(C)(2) to refer to “chronic pain” rather than “intractable pain.” 37 R.C. 4731.052(B); R.C. 4731.283. 38 OAC 4731-21-02(1). 39 R.C. 5111.085. 40 OAC 4729-5-20. 41 R.C. 4121.50. mediation Randy Freking and Jeff Betz have both been trained in mediation at the Pepperdine School of Law's Strauss Institute. Both believe in using facilitative and evaluative techniques, as appropriate, in order to achieve an acceptable resolution of a dispute. Randy and Jeff are available to serve as co-mediators or as single mediators, at the parties’ discretion. For further information, please feel free to contact either Mr. Freking or Mr. Betz directly 42 OAC 4123-6-25. 43 Ohio Bureau of Workers’ Compensation, Position Paper on Utilizing Prescription Medications for the Treatment of Intractable Pain, January 2004; OAC Chapter 4731-21. Call 513-721-1975 44 R.C. 4731.054; OAC Chapter 4731-29. 45 Macias, A., “State legislatures attempt to shut down the pill mills,” Bulletin of the American College of Surgeons,Vol. 96, No. 11, November 2011, 38-39. 46 “Promoting Pain Relief and Preventing Abuse of Pain Medications: A Critical Balancing Act,” a Joint Statement from 21 Health Organizations and the Drug Enforcement Administration (October 2001). www.CincyBar.org l March 2012 CBA REPORT 11 tech tip Mastering PDF: Tips & Tools for Creating PDF documents PP ortable Document Format (PDF) is the de facto standard for the secure and reliable distribution and exchange of electronic documents and forms and creating professional PDF documents has become easier than ever. There are web services, computer software applications, and printer subsystems that allow the user to create PDF documents from scanned paper documents and other file formats. Using PDF files solves many common file-sharing problems, from preserving the look-andfeel of the original document to allowing anyone, on any platform, to view, navigate, and print documents using the free Adobe Acrobat Reader. Tip 1: Before you purchase a PDF converter or download a program, check to see if the software that you already have installed on your computer has a PDF converter. For example, Microsoft Office 2010 programs, including Word, Excel, and PowerPoint, allow you to save files as PDF documents. You can open any word document and click “Save As” and then choose file type PDF. It also allows you to choose a standard PDF or one minimized for smaller file size. You can add tags, a title, and an author to the PDF. Tip 2: If you are simply looking to purchase a program that offers every feature available for PDF creation and manipulation, then Adobe X Pro is one of the best programs on the market. It allows you to create, edit, and mark up rich media PDF documents. It also allows you l By Emily M. Janoski-Haehlen to create writable or fillable PDF documents. Another great feature is it allows you to quickly convert PDF files to Word documents or Excel spreadsheets. It can convert part or all of a PDF document to Word or Excel and also allows you to turn scanned paper documents into editable Word documents using optical character recognition (OCR) technology. You can purchase a copy at any local store that carries computer software or download a copy from the web (see sidebar). However, there are plenty of alternatives to purchasing a full Adobe software package. Tool 1: Web Services There are many commercial and free web sites that will convert files to PDF files. Most of these sites support conversion from at least Microsoft Office files, graphics formats, web pages, and various other file types to PDF files. One of the best commercial sites is Adobe CreatePDF Online. This site lets you convert a variety of documents into Adobe PDF files that anyone can view using the free Adobe Acrobat Reader. It also provides the ability to convert scanned documents to PDF and Scanned text becomes editable with Adobe’s optical character recognition (OCR) technology. There is a subscription fee of $9.99 per month or a discounted rate if you pay for a full year in advance. The subscription also gives you access to a desktop application that allows you to create PDF documents without being online. Neevia Document Converter eXPress is a free web-based service that lets you convert your documents into PDF files. Supported formats include Microsoft Office files, graphics formats, and other document formats. This site does, however, limit your documents to 2 MB per file. This site requires you to open the file and then you can either wait for the PDF to open in your browser and then save it or you can have it emailed to you. Some sites actually require you to upload the file to the site and then the site sends you the PDF via e-mail, so be Resources for Tools in This Article Adobe X Pro: http://www.adobe.com Adobe CreatePDF Online: https://www.acrobat.com/createpdf/en/home.html Neevia Document Converter eXPress: http://docupub.com/pdfconvert/ CutePDF Writer: http://www.cutepdf.com/products/cutepdf/writer.asp Create Adobe PDF (for Mac): http://www.adobe.com Bullzip PDF Printer: http://www.bullzip.com/products/pdf/info.php 12 March 2012 CBA REPORT www.CincyBar.org tech tip careful what you upload to these sites because they can retain a copy if the terms and conditions allow it. Tool 2: Printer Subsystems Converter Software You can also download and install printer subsystem converters to create PDF files from any Windows application that has a print menu available. These printers allow you to take a document and save it as a PDF file by using the print command in any application. The printer then converts the existing file to a PDF file. CutePDF Writer provides a free version of this type of PDF converter software. It is very easy to install and easy to use. An Adobe PDF printer for Windows can also be installed as a feature on any application print menu. Pricing depends on whether or not other Adobe products are installed on your computer. For Mac users, Create Adobe PDF allows you to create a PDF file from any application using the AdobePS 8.6 PostScript printer driver for free. It makes creating PDF files on Mac OS as easy as printing to a printer. The Bullzip PDF Printer works as a Microsoft Windows printer and allows you to write PDF documents from virtually any Microsoft Windows application. It is free for the first 10 users and then a commercial license must be purchased. Janoski-Haehlen is the associate director of law library services at the Samuel P. Chase College of Law at Northern Kentucky University. The devil is in the data. • Computer Forensics • Electronic Data Discovery • Legal Document Services onesourcediscovery.com Contact Chris Miller for more information 513.519.2133/[email protected] www.CincyBar.org l March 2012 CBA REPORT 13 feature article Finding it Fast and Free on the Internet CC ontemporary internet-based research services present several free— or nearly free— legal research tools. This article surveys a few of the best. From primary sources such as court opinions and statutes to secondary sources such as encyclopedia entries and scholarly literature, these resources can provide fast and free insight into legal issues. Google Scholar1 is a great website for case-law research, and provides a familiar and intuitive user interface. Google Scholar allows users to search and read the published opinions of state appellate and supreme court cases since 1950; U.S. federal district, appellate, tax and bankruptcy courts since 1923; and U.S. Supreme Court cases since 1791.2 The basic search feature allows a user to begin a search in a “Legal opinions and journals” database using any search term, including keyword, case citation, and party names. For example, a search for “KSR v. Teleflex” identifies the U.S. Supreme Court decision3 relating to patent law as the first-ranked result. Following a link to the case provides the complete text of the Supreme Court decision, including Supreme Court Reporter pagination information. The text of the case includes clickable links to the references cited in the decision, allowing quick and easy access to the cited references. An advanced search4 feature is also available that allows greater control over a search. For example, options are presented for entering search terms in such fields as “with all of the words”, “with the exact phrase”, “with at least one of the words”, “without l By Derek Somogy the words”, and “where my words occur”. In addition, the advanced search feature allows a user to restrict search results to cases from a particular state, cases from the U.S. Supreme Court, all federal appellate courts, a particular federal appellate court and its lower district courts, the federal tax courts, and user-defined combinations of the same. The search results, whether identified through the basic search or the advanced search, may be restricted based on the year of publication, with a drop-down menu providing such options as “anytime”, “since 2012”, “since 2011,” and the like. In addition to the text of a case, Google Scholar provides a “How Cited” feature that provides information about how the case has been cited by other courts and in other literature. This information includes propositions of law as well as links to related cases and articles. For example, and with respect to the KSR v. Teleflex case, the “How Cited” feature lists several propositions of law from that case, including, “The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results”. A link to a case5 citing to KSR v. Teleflex for that proposition is identified. In addition, the “How Cited” feature includes a list of references that cite to a case. For example, there are presently 1,887 citing documents associated with the KSR v. Teleflex decision, including other court decisions, books, and scholarly literature. While court decisions are readily accessible through Google Scholar, free access to the books and scholarly literature identified through the “How Cited” feature is less consistently available. In some instances, a link to a free PDF is provided. In other instances, however, only bibliographic information is identified for books, and links associated with scholarly literature direct a user to a fee-based access service (such as HeinOnline). Beyond legal resources, Google Scholar allows a user to search literature in other fields including biology, environmental science, business, chemistry and material science, engineering, medicine, social sciences and the humanities.6 An e-mail alert feature is also available, allowing a user to define search terms and other criteria and to receive an e-mail when responsive new content is identified. Casemaker is another legal research tool and is available through the Ohio State Bar Association’s website7. Free for OSBA members, Casemaker includes a 50-state library and a federal library.8 The Ohio Library, for example, allows users to search or browse the following collections: Administrative Code, Attorney General Opinions, Case Law, Civil Rights Commission, Constitution, Ethics Opinions, Federal Rules, Ohio Jury Instructions, OSBA Jury Instructions, OSBA Report Online, Revised Code, Session Laws, State Court Rules, Unreported Apps 1981-May 2002, Verdict Reporter and Court Forms.9 Casemaker’s Ohio Library includes Supreme Court cases reported in the Ohio St. reporter back to 1894, appellate cases reported in the Ohio App. reporter back to 1934, other 14 March 2012 CBA REPORT www.CincyBar.org feature article court cases from the Ohio Misc. reporter back to 1964, and slip opinions back to 2002.10 Casemaker’s search capabilities provide a robust tool for searching any collection, and instructions for constructing a search are provided on the search screen. For example, a search can include any combination of the following types of search operators11: and (“contract” and “binding”); or (“alimony” or “support”); not (“property” but not “commercial”); phrase (the exact phrase “right of way”); thesaurus (“parole” or synonyms for “parole”); suffix (the root word “run” and all variations, including “runs”, “runner”, etc.); intersection (defining a set of a given number of terms from a term list); inclusion (must include a term, like an and search); and proximity (“tax” within six words of “property”). Casemaker’s search feature also allows a user to search by case citation, case name, docket number, court, attorney, opinion author, panel, and the date decided.12 In addition, a browse feature is associated with each collection and allows a user to browse through the content of the collection without performing a specific search. In addition to its free aspects, Casemaker also makes available fee-based services, including a form document library13 and a case citation checker.14 Cornell University Law School’s Legal Information Institute15 (LII) is another free legal research tool. In addition to extensive state and federal library materials, the LII provides a collection of “world law” resources16, as well as a legal dictionary and encyclopedia called “Wex”.17 The Wex entries can be browsed, searched, and even edited.18 Wikipedia19 is a free encyclopedia that can be useful for initial issue research and for identifying primary legal resources. For example, the entry for “Federal Rules of Civil Procedure”20 presents a brief history and summary of the Rules, as well as a link 21 to the text of the Rules maintained at Cornell’s LII. Wikipedia’s extensive Index of Law Articles22 reveals that entries exist for a wide range of legal topics. Thus, the free legal research tools made available through the internet provide a rich source of easily accessed www.CincyBar.org information. And while they may present a starting point, these resources may not necessarily provide a complete substitute for more conventional approaches to legal research or legal research that otherwise satisfies an attorney’s obligations under the Ohio Rules of Professional Conduct.23 9http://www.lawriter.net/Statecat.aspx?scd=OH Somogy is a lawyer in the intellectual property firm of Wood Herron & Evans, where his practice is focused on patent prosecution in the mechanical arts. dsomogy@ whe-law.com ; 513.241.2324 16http://www.law.cornell.edu/world/ 10http://www.lawriter.net/Currency. aspx?scd=OH&scat=CASES 11. See, for example, the search screen for the Ohio Case Law library at http://www.lawriter.net/Search.aspx?scd= OH&scat=CASES&sdcat=Case%20Law 12 Id. 13http://partners.uslegalforms.com/partners/casemaker/ 14http://www.lawriter.net/casestore.aspx 15http://www.law.cornell.edu/ 17http://www.law.cornell.edu/wex/ 18 Id. 19http://www.wikipedia.org/ 1http://scholar.google.com/ 20http://en.wikipedia.org/wiki/Federal_Rules_of_Civil_ Procedure 2http://scholar.google.com/intl/en/scholar/help.html 21http://www.law.cornell.edu/rules/frcp/ 3 KSR Int’l Co. v.Teleflex, Inc., 550 U.S. 398, 127 S. Ct. 1727 (2007). 22http://en.wikipedia.org/wiki/Index_of_law_articles 4http://scholar.google.com/advanced_scholar_search 5 Seiko Epson Corp. v. Coretronic Corp., (Case No. C 066946, N.D. Calif., November 22, 2010). 6http://scholar.google.com/advanced_scholar_search 7http://www.ohiobar.org/Members/Pages/MembersSite. aspx 23 See, for example, Rule 1.1 (Competence), which states: “A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. Available at: http://www.sconet.state.oh.us/LegalResources/Rules/ ProfConduct/profConductRules.pdf 8http://www.ohiobar.org/Members/Pages/StaticPageViewer.aspx?articleID=1375 l March 2012 CBA REPORT 15 feature article Institute Prepares Women for Leadership II By Mary W. Sullivan magine having the opportunity to be one of a small group of up-and-coming Ohio attorneys who are able to hear from and interact with current Ohio Supreme Court justices, current state and federal court judges, a former attorney general and auditor of the state of Ohio, corporate counsel from some of the major companies in our state, and other successful attorneys and business people from around Ohio. Imagine having the opportunity to hear from those judges and attorneys about how they made it to where they are today and to ask them questions in a personal setting. Imagine further that every one of the attorneys in this small group is a woman. That is exactly what is taking place thanks to the Ohio Women’s Bar Foundation Leadership Institute. The Ohio Women’s Bar Foundation, a 501(c)(3) entity, was established in 2010 by the Ohio Women’s Bar Association with the goal of increasing the number of women entering leadership roles in the legal profession. A group of women who are recognized leaders in our profession were invited to form an advisory committee to help guide the formation of a Leadership Institute for women attorneys. The advisory committee includes Chief Justice Maureen O’Connor as well as Justices Judith Ann Lanzinger and Yvette McGee-Brown of the Ohio Supreme Court; U.S. District Court Magistrate Judge Vernelis Kinsey Armstrong; Advisory Committee of the Ohio Women’s Bar Foundation Leadership Institute Joan U. Allgood The Hon. Vernelis Kinsey Armstrong U.S. District Court, Northern District of Ohio Marcia Egbert The George Gund Foundation Maria A. Kortan-Sampson Goodrich Corporation The Hon. Judith Ann Lanzinger The Supreme Court of Ohio Cynthia C. Lazarus Flying Horse Farms Margaret J. Lockhart Coopers & Walinski, LPA l The Hon. Yvette McGee Brown The Supreme Court of Ohio The Hon. Betty D. Montgomery Former Attorney General and Auditor of the State of Ohio MacMurray Petersen & Shuster The Hon. Maureen O’Connor The Supreme Court of Ohio Kathleen Hayes Ransier Vorys Sater Seymour & Pease LLP Mary W. Sullivan Peck Shaffer & Williams LLP Maxine S. Thomas Charles F. Kettering Foundation former Attorney General and Auditor of the State of Ohio Betty Montgomery; and Maria Kortan-Sampson, general counsel to the Goodrich Corporation. (The complete advisory committee list is below.) I was honored to be asked to serve on the advisory committee with such distinguished women. You might ask why we need another Leadership Institute. Doesn’t the Ohio State Bar Association — as well as our own Cincinnati Bar Association — have their own leadership institutes? That question was answered in a recent address by Jennifer Breech Rhoads, the 20th president of the Ohio Women’s Bar Association. While almost half of law school graduates are now women, she noted that “the line tracking women’s share of leadership roles follows a straighter downward path as the potential to assume a leadership role rises.” The Ohio Women’s Bar Association was created to provide support networks and mentoring opportunities for women so that women can claim their rightful share of those leadership roles. Through an application process open to women in practice at least five years, 11 women from around Ohio were selected for the Leadership Institute’s inaugural class. The group includes attorneys from law firms, corporate in-house counsel and women who work in the courts. During six one-day sessions wrapping up this month in Columbus, the attorneys have the opportunity to hone their leadership skills and hear from women who have gone before them facing similar challenges in the workplace. 16 March 2012 CBA REPORT www.CincyBar.org feature article The group has had the opportunity to hear from women rainmakers, including Kelly Mulloy Myers of Freking & Betz in Cincinnati. They have listened to Elizabeth Rader from the Cleveland Clinic Foundation and Maria KortanSampson of the Goodrich Corporation talk about the client’s perspective of working with lawyers. The leadership class has heard about technology and the ethical issues emerging in the electronic age from U.S. District Court Mag. Judge Vernelis Armstrong. Chief Justice Maureen O’Connor is scheduled to speak on the keys to effective communication. Judge Penny Cunningham from the First District Court of Appeals, will join the chief justice on a panel to discuss how to communicate with the courts. And, yes, the class is hearing from men, as well. Jack Kuntz, former President of First Franklin Corporation and currently president and CEO of Community Bank Improvement Group in Cincinnati, spoke about how and why he hires lawyers to represent his companies and business interests. Frank Agin of AmSpirit Business Connections spoke about how to use social media for networking and marketing. I had the privilege of addressing the inaugural class at dinner on the evening prior to its first session. I welcomed them as they began their journey of making new contacts, friends and strides in their legal professions. I also had the privilege of participating in the rainmaking panel during the first session. My advice? Get involved — whether it is with the Bar Association, in politics (either as a volunteer or candidate), or for a non-profit corporation. If you don’t know who to contact about getting involved, ask some of the other people where you work to see if they have any contacts with the groups that interest you. If you are still not able to make a necessary contact, call your local bar association. We are quite fortunate in Cincinnati to have the CBA with members representing so many interests in our community. Many doors will open when we give of our time and talents to others. Reactions have been uniformly positive from the members of the Leadership Institute class. Erin Sutton, recently www.CincyBar.org elected to partnership with Peck Shaffer & Williams, LLP, said the monthly sessions “inspire me to grow both personally and professionally as we work on our ability to step up and become leaders in not only the legal field but also in society.” Martha Asseff, an attorney with Dinsmore & Shohl, summed up the thoughts of many participants, saying, “I am so grateful that a cross-section of women lawyers in Ohio have come together to invest in our collective professional development.” If you are interested in becoming a member of the next Leadership Institute class starting in September, or if you know a woman whom you believe should be a part of that next class, visit the Ohio Women’s Bar Foundation website at www.owba.org/foundation. Selection of the class members will be made in April and announced at the OWBA’s annual meeting in Columbus. Sullivan has been an attorney with the firm of Peck Shaffer & Williams LLP since 1980, where she practices in the field of public finance law. She has served on numerous boards and commissions, including as chairman of the Ohio Elections Commission, chairman of the Public Defender Commission of Hamilton County, President of the Catholic Social Services Board of Southwestern Ohio, and member of the Seton High School Board of Trustees, among many others. l March 2012 CBA REPORT 17 in the spotlight Attorney Volunteers Bring Mock Trial to Life for High School Students FF ifty-two teams representing 26 high schools filled the Hamilton County Courthouse and worked tirelessly through two trials in one night, in an effort to advance to the regional competition and then hopefully on to state. Through opening and closing statements, two witnesses, and direct and cross examinations, the teams argued whether the use of GPS records was a violation of the Fourth Amendment, a topic in the news due to the recent U.S. Supreme Court decision in United States v. Antoine Jones. More importantly, students learned invaluable lessons about how our legal system functions, and also about logical reasoning, adaptation to unexpected challenges, the importance of thorough preparation, and public speaking. The Jan. 31 competition, hosted by the CBA Young Lawyers Section and supported by the Cincinnati Bar Foundation, provides students a unique and memorable experience and has proven to be a training ground for future lawyers and community leaders. The popularity and success of the mock trial program in Hamilton County is a testament to the strength and dedication of the Cincinnati legal community and to the bright hope we have in the next generation of community leaders. Also, it is a substantial part of the Ohio High School Mock Trial l By Jeffrey Krismer and Mallory Sestic Johnson program, which as a whole is the second largest in the nation after California. Once again, we owe a special thanks to the attorney volunteers who make the program possible. We needed a record number of judges to fill the 26 courtrooms and we were able to do it thanks to the more than one hundred attorneys and judges who volunteered their time to judge the competition and offer their guidance to the students. Without you, this competition and this wonderful opportunity for the students cannot happen. Second, we want to thank the attorneys who volunteered countless hours as legal advisors for the high schools. The legal advisors commit to working with the students to develop and hone their skills, and their efforts represent a significant part of the students’ high school education. We are grateful for your dedication and hard work in representing the practice of law to a new generation. Finally, thank you to the CBA staff especially Jamie Shiverdecker, whose tireless work made sure the competition ran smoothly, and to the law student volunteers from Salmon P. Chase College of Law and UC College of Law and to attorney volunteer Kenjiro LeCroix. Participating Schools (* schools with teams that went on to regional competition; results from that competition are at www.oclre.org) Anderson High School Clark Montessori Colerain High School* Deer Park High School* Elder High School* Indian Hill High School* LaSalle High School Lockland High School Mariemont High School* McAuley High School McNicholas High School* Moeller High School Mother of Mercy High School* Oak Hills High School* Princeton High School The Seven Hills School* St. Ursula Academy St. Xavier High School* Summit Country Day* Sycamore High School* Turpin High School Ursuline Academy* William Henry Harrison High School Winton Woods High School Wyoming High School 18 March 2012 CBA REPORT www.CincyBar.org Thank You in the spotlight Volunteer Judges Susan Bailey-Newell Ryan Bednarczuk Lawrence Bennett Michael Bishop Allison Bisig Oswall David Blessing Merisa Bowers Christopher Bowman Zachary Brown Lynn Busch Angela Chang Daniel Choi Eric Combs Thomas L. Cuni Steven Dauterman Rick DeBlasis Douglas Dennis Thaddeus Driscoll Cynthia Durkin Christopher Dutton Rick Enriquez Jodie Drees Ganote Harry Finke Brian Flick Megan Frient Elizabeth Fuller Brenda Gallagher Jeanne Geoppinger McCoy Gary Glass Lawrence Glassman Robert Alfred Goering Eric Gooding John Greiner Matthew Hannahan Kerry Hastings Julie Hein Douglas Hensley Tracye Hill Scott Hoberg Bruce Hust Daniel James Matthew Kissling Daniel Knecht David Krall Patrick Kramer Sheila Kyle-Reno David Lafkas Thomas Landon Paul Laufman Mag. Judge Karen Litkovitz Susanna Lykins Richard Magnus Ronald Major www.CincyBar.org Stephanie Markley Hon. Steven Martin Thomas Meade Michael Menninger Jeffrey Mikrut Hatsuki Miyata James Moore Richard Moore William Morriss Jeremy Neff Maggie Nestheide Jason Palmer Shuva Paul David Peck John Pinney J. Dwight Poffenberger Christopher Pogue Lisa Rauch Brian Redden Anthony Reiss George Reul Michael Roberts Jennifer Roden Andrea Rose Peter Saba George Schein Timothy Schirmang Jane Hils Shea Aaron Shepherd Mark Silbersack Beth Silverman Jon Sinclair Phillip Smith Daniel Smith Derek Smith Joseph Sprafka Dale Stalf Robert Steinberg Jade Stewart Erin Sullivan John Tafaro Carolyn Taggart Ivan Tamarkin Heather Thompson Barbara Thornell Ginn Natalie Wais Angela Wallace Breck Weigel Michael Weisensel Christopher Wiest Michele York Nicholas Ziepfel Opposite page, Natalie Wais, left, Daniel Choi and Jeffrey Mikrut judge a case. Above, Richard Magnus, Eric Gooding and George Schein review the scores. At left, Allison Bisig Oswall, a mock trial alum, listens to closing arguments. Legal Advisors Kimberly Amrine Zachary Bahorik Matthew Bakota Gwendolyn Bender Maureen Bickley Joe Brann Jerry Charls Nick Coorey Philip Cummings Jessica Dipre Jocelyn DeMars Thaddeus Driscoll Cynthia Durkin Christopher Dutton Taylor Ehrman James Englert Rick Enriquez Robert Ernst Shawn Evans Cindy Fazio Harry Finke James Frooman Patricia Foster Trista Goldberg Jack Goldenberg Thomas Hankinson Jeanette Hargreaves Dennis Halaby Joseph Heyd Matthew Horwitz Roxanne Ingles Donald Lane Patrick Lane Kelly Leibold Ryan Lett Paul McCartney Kelly McDow Erinn McKee-Hannigan Clay Miller Brian O’Connell Erica O’Brien Ken Patel David Prem Ali Razzaghi Brian Redmond Chuck Reynolds Richard Rinear Michelle Rothzeid Kevin Ryan Jack Scott Cori Stirling Emily Supinger Gregory Temming Molly Vance M. Linda Weigand Daniel Wenstrup Bernard Wong Courtney Wilson Rebecca Wright Nicholas Zingarelli l March 2012 CBA REPORT 19 Celebrating 50 Years Created in 1961 by three members of the Cincinnati Bar Association, the Cincinnati Bar Foundation continues today to be the only law-related charity in Cincinnati dedicated to promoting justice and changing lives through the law. For more information on the efforts of the Foundation, contact René McPhedran at (513) 784-9595 or [email protected]. Cincinnati Bar Foundation, Heart of the Legal Community Thanks for Your Support Thanks to the Following Firms for Contributing 100% to the 50/50 Campaign (Donations as of January 31, 2012) Baker & Hostettler LLP Barrett & Weber LPA Beckman Weil Shepardson LLC Blank Rome LLP Boehm Kurtz & Lowry Buechner Haffer Meyers & Koenig Co. LPA Burg Simpson Eldredge Hersh Jardine PSC Cash & Cash LLP Cohen Todd Kite & Stanford LLC Cors & Bassett LLC Crabbe Brown & James LLP Croskery Law Offices Dinsmore & Shohl LLP Donnellon Donnellon & Miller The Drew Law Firm Eberly McMahon LLC Eichel & Krone Co. LPA Flagel & Papakirk LLC Freking & Betz LLC Frost Brown Todd LLC Gerhardstein & Branch Co. LPA Goering & Goering LLC Goodman & Goodman LPA Graf & Stiebel Co. LPA Helmer Martins Rice & Popham Co. LPA Kevin J. Hopper Co., LPA Barbara J. Howard Co. LPA Harvey C. Hubbell Trust Katz Teller Brant & Hild Keating Muething & Klekamp PLL Robert A. Klingler Co. LPA The Lawrence Firm LPA Lerner Sampson & Rothfuss LPA Mason Schilling & Mason Co. LPA Meeks Law Firm Inc. Montgomery Rennie & Jonson The Moore Law Firm Musillo Unkenholt Immigration Law Niehaus Law Office LLC O’Connor Acciani & Levy LPA Tee Time 32nd Annual Quid Pro Am Monday, May 14 Oasis Golf Club 902 Loveland Miami Rd. Loveland Parry Deering Futscher & Sparks PSC Peck Shaffer & Williams LLP Porter Wright Morris & Arthur LLP Rendigs Fry Kiely & Dennis LLP Robbins Kelly Patterson & Tucker LPA Santen & Hughes Schimpf Ginocchio & Mullins Co. LPA Schuh & Goldberg LLP Smith Rolfes & Skavdahl Co. LPA Squire Sanders & Dempsey LLP Strauss Troy Co. LPA Taft Stettinius & Hollister LLP Thompson Hine LLP Tobias Torchia & Simon Ulmer & Berne LLP Wagner & Bloch Weltman Weinberg & Reis Co. LPA White Getgey & Meyer Wood Herron & Evans Co., LLP Wood & Lamping LLP Sponsor the 32nd annual Quid Pro Am and secure the future for the Mock Trial competition Whether you are a golfer or not, you can still play an active role by being a sponsor. The CBA member outing is a fundraiser presented by the Cincinnati Bar Foundation to benefit the high school Mock Trial competition. Every sponsorship dollar will fund the YLS Mock Trial competition. Portions of the sponsorship are tax deductible. For more information, call Rene McPhedran at (513) 6991393 or [email protected]. l 20 March 2012 CBA REPORT www.CincyBar.org Memorial & Honor Gifts The Cincinnati Bar Foundation gratefully acknowledges the following gifts: In Memory of John H. Burlew Cincincinnati Bar Association Terrence M. Donnellon Howard L. Richshafer In Memory of Timothy L. Bouscaren James B. Helmer Jr. In Memory of Bruce L. Cherkala, M.D. James B. Helmer Jr. In Memory of Myron L. Dale Jill A. Weller In Memory of John M. (Jack) Gravitt, U.S.M.C. James B. Helmer, Jr. In Memory of Allison M. Hellings R. Guy Taft In Memory of Richard E. Henkel Mary C. Henkel In Memory of Martin Horwitz Howard L. Richshafer Twice Charmed Win a trip to The Greenbrier Join the Cincinnati Bar Foundation as we offer our latest fundraiser. Win a “Twice Charmed” trip for two to The Greenbrier, an award-winning resort located in White Sulphur Springs, W. Va. As a National Historic landmark, the resort’s classic architecture, exquisite interior design, carefully sculpted landscape, impeccable service and outstanding amenities have hosted distinguished guests from around the world since 1778. Surrounded by the wondrous Allegheny Mountains, The Greenbrier offers exclusive services and amenities such as championship golf, fine dining, more than 50 activities, designer boutiques, 40,000-square-foot world-class spa and a 103,000-square-foot gaming and entertainment venue. Howard L. Richshafer Enjoy a three-night stay on your 6,500-acre playground and discover an unparalleled selection of luxury leisure pursuits and outdoor adventures designed to satisfy and stimulate your widest range of interest. In Memory of Gregory A. Ruehlmann Sr. Tickets are $50 each, with only 250 being sold. The winning ticket will be selected at the Cincinnati Bar Foundation Quid Pro Am reception on May 14. In Memory of Hon. Robert S. Kraft Glenda Morgan Hertzman In Honor of Thomas S. Calder John E. Jevicky In Honor of Hon. William A. McClain’s 99th Birthday Keating Muething & Klekamp www.CincyBar.org Prize includes three nights’ accommodations, meals and customized spa/activity package for two to The Greenbrier. www.greenbrier.com Value of the package is $3,130.62. All proceeds, less the prize and expenses, will benefit The Cincinnati Bar Foundation. Complete rules and regulations will be posted on the website. Tickets will be available for purchase on March 1. For information or to purchase a raffle ticket, go to www.cincybar.org or contact Rene McPhedran at (513) 699-1393 or [email protected] l March 2012 CBA REPORT 21 committee corner For more information about becoming involved in any CBA practice committee, contact Dorothy Schultz at (513) 699-1404 or [email protected]. CBA Committees All meetings at noon at the Cincinnati Bar Center, 225 East Sixth St. unless otherwise noted. Access the latest on committee meetings at the CBA Committee/Event Calendar at www.cincybar.org. March Meetings 6 Health Law Taxation 7 ADR Local Government LRIR 8 Employee Benefits Workers’ Compensation Chair: Estate Planning Firm: Santen & Hughes Practice Area: Estate planning, probate and trust law and related litigation Law School: UC College of Law What kind of issues do you find most interesting in your practice committee? Estate planning in a period of economic and legislative change and uncertainty. What would your practice committee want other attorneys to understand about your specialty? We live in a complex society in which issues in our specialty require our attention. How has being a part of your committee made a difference in your own practice? With continuing education being the primary objective of the committee, attendance at meetings has enhanced my effort to stay up on developments within my area of specialization. 13 Municipal court 15 Real Property 20 Estate Planning Bankruptcy 21 Domestic Relations 22 Social Security When I’m not in the office I’m… traveling or in Florida. 27 Juvenile Law Favorite quote that motivates me… “Ask not what your country can do for you. Ask what you can do for your country.” – John F. Kennedy 28 Solo/Small firm My favorite place to go in Cincinnati is … Skyline Chili. For obvious reasons. 29 Labor & Employment Sugar and Symphony April Meetings 3 l Jim Chalfie Construction 10 Estate Planning & Probate Municipal Court 12 Employee Benefits Immigration Law 17 Bankruptcy 19 Real Property 24 Intellectual Property Juvenile Law 25 Solo/Small Firm 26 Labor & Employment Social Security What is the most important project for your practice committee this year? The Advanced Estate Planning Institute presented by our committee every February allows us to feature a nationally outstanding speaker and excellent local and regional presentations. Music, doughnuts and networking brought together over 60 Women Lawyers Committee members and their families for the Cincinnati Pops Lollipop Concert at Music Hall. Clockwise, Kathy Lasher and daughter arrive at the concert. Camille Healy and her sons enjoyed doughnuts, juice and coffee with families and friends before the concert. WLC Chair Kelly Mulloy Myers and her daughter, a future member, greet guests and their families. See page 28 for the committee’s upcoming CLE. 22 March 2012 CBA REPORT www.CincyBar.org For more information on any of your benefits, please contact Kathy Grant at (513) 699-4016 or [email protected]. A comprehensive list of all benefits can be found at www.cincybar.org. CBA & CBF Staff Directory Julie Kemble Borths......................................... 699-1391 Director of Communications, [email protected] Angela R. DeMoss..............................................699-4010 CLE Assistant, [email protected] Kathy Grant.........................................................699-4016 Director of Member Services, [email protected] Nicole Hampton................................651-5118, ext. 200 Receptionist Karen J. Johnson................................................. 699-1405 Notary Administrator, [email protected] Monica L. Kittrell...............................................699-4015 CLE Program Coordinator, [email protected] Marilyn C. Marks................................................ 699-1396 LRS Assistant, [email protected] René T. McPhedran........................................... 699-1393 Director of CBF, [email protected] member services Member Benefit of the Month Januar y Feb r u ar y M a rc h Ap r il M ay Ju n e Ju ly Au gu s t S ep t em b er O c t ob er N ove m b e r D e ce m b e r Traveling for Spring Break? Use your CBA member benefit – Park at Airport FastPark and Save! CBA members pay just $6.25 per day and earn free parking. Your Fast Park Rewards card must be presented upon entry and exit each visit. To enroll, visit www.thefastpark.com. Lisa G. McPherson............................................. 699-1398 Member Services Coordinator, [email protected] • Enter CBA or Cinti Bar Assoc. as your company and discount code #0413207. Terrie A. Minniti................................................ 699-1399 Assistant Executive Director, [email protected] • You may also enroll in Fast Park and Relax. Your code for Fast Park and Relax is #0813207. John C. Norwine.................................................699-1400 Executive Director, [email protected] Dimity V. Orlet................................................... 699-1401 Director of CLE/Assistant Counsel, [email protected] Maria C. Palermo............................................... 699-1402 Assistant Counsel, [email protected] Rewards cards take about one week to arrive in the mail. An enrollment link is also available on the CBA website. Edwin W. Patterson III.................................... 699-1403 General Counsel, [email protected] Stephanie W. Powell......................................... 699-1407 Paralegal, [email protected] Lisa Quintanilla................................................... 699-1406 Membership Administrator, [email protected] Anthony W. Riley...............................................699-4013 Clerk Kathleen M. Schmidt........................................ 699-1390 Executive Assistant, [email protected] Dorothy J. Schultz............................................. 699-1404 Chief Administrative Secretary, [email protected] Jamie Shiverdecker ..........................................699-4013 Director of LRS/Project Manager, [email protected] 2012 LaDonna Wallace Smith.................................. 699-1392 Director of Community Service, [email protected] Caren L. Theuring ............................................ 699-1397 CLE Program Coordinator, [email protected] Monica O. Weber............................................... 699-1395 Marketing Designer, [email protected] Andrew Wells..................................................... 699-1409 Information Systems Manager, [email protected] Eileen M. Witker................................................ 699-1408 LRS Assistant, [email protected] Amy K. Zerhusen...............................................699-4014 Accounting Administrator, [email protected] Friday, April 27 • 11 a.m. to 1:30 p.m. The Westin Cincinnati 21 East Fifth Street, Downtown Cincinnati Is your advertising on target? Be part of the CBA Report and the annual Legal Directory. For advertising information, contact George Quigley Sr. at (513) 779-7177 or [email protected]. www.CincyBar.org Inducting Anthony E. Reiss as the CBA’s 121st President $35 per person. Please RSVP by April 23 to Kathy Schmidt at [email protected] or (513) 699-1390. l March 2012 CBA REPORT 23 Young Lawyers Section The CBA Young Lawyers Section is open to all attorneys age 36 or younger or in his or her first five years of practice regardless of age. For more information on getting involved in the many professional, social and community service activities of the YLS, contact Kathy Grant at (513) 699-4016 or [email protected]. Join the YLS Community Service Committee for a volunteer experience at Matthew 25: Ministries Saturday, March 24 • 10 a.m. - Noon. • 11060 Kenwood Road Matthew 25: Ministries (M25M) is an international humanitarian aid and disaster relief organization based out of Blue Ash. M25M accepts donations from major corporations, hospitals and individuals, at times accepting goods and products for which many companies no longer have any need. The products are then distributed throughout the U.S. and the world to those individuals in need. The day will start off with a video and a tour of the facility, which includes a walkthrough of a developing village and ends in the Map Room. This is a great opportunity to see where the products are going and who they benefit. Volunteer duties may include, but are not limited to, sorting clothes and shoes, and packaging personal care kits. Families are welcome. RSVP at www.cincybar.org. For more information on Mathew 25: Ministries please visit www.m25m.org or contact Santina Vanzant [email protected] or Shonita Black [email protected]. Welcome to YLS James C. Alexander Frederick W. Fehr Beth J. Freemal Kara M. Hardy Diana M. Link Dustin K. Looser Lynda Hils Mathews Kelly M. McKoy Joseph S. McVicker Victoria L. Norton Candise J. Powell Alfred B. Shikany Anitra D. Walden-Jacobs YLS Catches Up After the Holidays The YLS Holiday Social at Palomino’s included YLS board members, CBA board members, attorneys and law students. Clockwise, CBA President-Elect Tony Reiss and Maureen Bickley, YLS social committee member, talk about ways members can become more involved. Derek Smith, Ryan Martin and Jodie Drees Ganote, all YLS board members, discuss upcoming events. Organized by the YLS Social Committee including members Faith Isenhath, Co-Chair Julie Hein and Shannon Villaba, the event was a sell-out. Save the Date Friday, June 1 Able to Volunteer? Interested in a Sponsorship? Please contact Karen Johnson at [email protected] or Kathy Grant at [email protected]. l 24 March 2012 CBA REPORT www.CincyBar.org Young Lawyers Section YLS Cookies and Books Journeys On By Amanda J. Penick Just over a year ago, the YLS Mentoring Committee sponsored a tour of the School for Creative & Performing Arts, also known as SCPA, as an introduction to an expanded partnership with the Cincinnati Youth Collaborative (CYC). For a number of years, YLS had partnered with CYC and worked to engage our members as mentors. The SCPA tour and meetings with CYC showcased opportunities to enhance this relationship. A new grant for the YMCA after-school program at SCPA expanded the opportunities for YLS engagement and the new “Cookies and Books” volunteer program emerged. On the second Tuesday of the month, a group of volunteers arrive at SCPA to work with the children in the after-school program managed by the YMCA. There are opportunities to work oneon-one with a child to finish homework, play games, or to take on a project like building gingerbread houses (see photos). From kindergarteners to seventh graders, the students are energized and fun and enjoy interacting with our volunteers. The “Cookies & Books” David Pfirrman, Dan O ’Brien d Tom Meade are volunteer partnership gives enthusiastic about glue, wood an and kids having fun. YLS members a way to give back from 5 until 6:30 p.m. This flexibility — you can join the Kelly Leibold, a frequent volunteer, takes a minute group any time after 5 p.m. and to explain to a student how to paint and glue. leave when it is convenient for you — makes the program successful. The students genuinely appreciate whatever time you can give. Street parking is free if you arrive after 5 p.m. SCPA and YMCA staff members are on hand to direct you to the to the classrooms when you arrive. Rest assured that there are plenty of cookies for students and volunteers alike! In addition to “Cookies and Books,” the partnership with CYC and SCPA also Thursday, March 8 includes a speakers’ bureau and tutoring 4:30 to 6:30 p.m. during the school day. Providing support Taft Center, Downtown Cincinnati for the third graders as they prepare for overlooking Fountain Square the achievement test, volunteering for the speakers’ bureau to assist teachers with a RSVP at www.cincybar.org wide range of topics, and participating in the new Cookies and Books initiative are all ways to give of your time and talents. Interested? Mark the second Tuesday of March on your calendar for the next Cookies and Books and e-mail Kathy Grant at [email protected] or me at [email protected] to learn more. Path Bench Andrea Rose co ncentrates on lin the pieces for the gingerbread ing up houses. www.CincyBar.org l March 2012 CBA REPORT 25 Young Lawyers Section YLS Annual Meeting & Election of Officers Friday, April 13 Cincinnati Bar Center 11:30 a.m. Lunch & Elections 12 p.m. Annual Meeting 1 p.m. Networking Presentations by the following YLS Committees: Social, Mentoring, Membership, PR, Community Service, Mock Trial, CLE and Run for Kids. Committee co-chairs will also be looking for YLS members who would like to be more involved. Register at www.cincybar.org Ge t R e a dy t o March Madness Youn Beer Tasting & The perfect combination! Come join the fun at the YLS March Madness event with a Moerlein Beer Tasting, beginning at 5:30 p.m. Watch the game from 7 to 9 p.m. while socializing with YLS members. March 15, 2012 5:30 to 9 p.m. Cincinnati Athletic Club, 111 Shillito Place (Between 6th and 7th Street, off Paint the Town with YLS Saturday, May 19 : Homes are prepped Saturday, June 9 : Homes are painted Race Street) Parking available at 6th and Race streets. Register at www.cincybar.org Volunteers will be needed on both of these days for this community-wide service project. Watch for more information in the CBA Report and on www.cincybar.org l 26 March 2012 CBA REPORT www.CincyBar.org For more information about upcoming CLE events, contact Dimity Orlet at (513) 699-1401 or [email protected]. For a complete schedule or to register for a program online, see the CBA’s CLE Calendar under CLE at www.cincybar.org. continuing legal education No Brown Bag Seminars Offer a Smorgasbord of Topics o N Brown Bag The No Brown Bag Seminars presented by the Cincinnati Bar Association Young Lawyers Section provide a variety of topics that will be of interest to all attorneys. Each program offers 1.0 hour of Ohio CLE credit. In addition, each program listed here is approved for Ohio New Lawyer Training credit. Make the No Brown Bag Seminars a recurring event on your calendar and earn all or most of your CLE credit requirements. CBA members who are age 36 and younger, or have five or fewer years of practice, are eligible for a special registration fee of $15. Seasoned attorneys find these convenient, one-hour seminars valuable, too! To register, visit www.cincybar.org, call (513) 699-4028, or watch your mail for a brochure. March 14 June 20 Custody Law Ethics: Conflicts Erinn M. Hannigan, Strauss & Troy LPA Samuel M. Duran, Esq., Taft Stettinius & Hollister LLP March 28 July 11 Zoning Changes: “There Oughta Be a Law” – Arguments in Opposition That Can Be Persuasive Even if Not Required by Law Civil & Domestic Protection Orders Timothy G. Mara, Esq. April 11 Court of Appeals : “If It’s Not in the Record, It Didn’t Happen” Thomas W. Langlois, Esq., Ohio Court of Appeals – First District April 25 Criminal Practice in the Hamilton County Municipal Court Michael K. Allen, Esq., Michael K. Allen & Associates May 9 Mediation Robert S. Kaiser, Esq., U.S. Court of Appeals, 6th Circuit, Office of Circuit Mediators May 23 Ohio Casino Law Update Mark D. Hemmerle, Esq. June 6 Tips on Preserving Errors for Appeal Pierre H. Bergeron, Esq., Squire Sanders & Dempsey (US) LLP www.CincyBar.org Timothy J. Deardorff, Esq. Never Closed July 25 Advertising Law: If It’s on TV Facebook, It Must Be True! Kimberly Eberwine, Esq., The Procter & Gamble Company August 8 Hamilton County e-Filing Representative from Hamilton County Clerk of Courts August 22 CLE On Your Schedule Earn up to six hours of Ohio CLE credit online at http://cincy.fastcle.com Hot Employment Topics for the General Practitioner Robert M. Hoffer, Esq. & Kelly A. Schoening, Esq. Dressman Benzinger LaVelle psc September 12 Key Financial Concepts of Law Firm as a Business Anthony M. Perazzo, CPA, BKD LLP September 26 The “B” Word: What to Do When a Party Files Bankruptcy in Litigation Philomena S. Ashdown, Esq., Strauss & Troy LPA Ohio Metro CLE Akron Toledo Dayton Cincinnati Cleveland & Columbus Bar Associations online An out-of-office experience l March 2012 CBA REPORT 27 continuing legal education Panels Focus on Females The XX Factor—Perspectives from Women in the Legal Profession Presented by the CBA Women Lawyers Committee Friday, March 23, 2012 8:30 a.m. Registration 8:45 to 9:15 a.m. Networking 9:15 a.m. to 12:30 p.m. Program 3.0 hours Ohio Professionalism CLE Credit The Women Lawyers Committee will showcase the perspectives of women in the profession. There will be three panels, beginning with a look-back on those who “blazed” the path, then a view from those who “made it,” and, finally, a discussion on how a law degree led to a different career. Women in the Legal Profession: A History and Retrospective The seminar opens with a panel discussion on how women lawyers made their place in a profession that was mostly men and what changes and advantages their perseverance established for today’s women lawyers. Overcoming Challenges in the Practice of Law This panel discussion will focus on the unique challenges that women face in the practice of law and will feature women attorneys from various facets of the legal profession including a judge, a prosecutor, an in-house counsel, and large and small firm attorneys. The discussion will also include strategies to overcome the challenges faced by women as well as how to best use the advantages of being a woman in the legal profession. Non-Traditional Career Paths Panel Discussion This panel will discuss the non-traditional career paths taken by women with law degrees, including a look at the knowledge and skills gained in their law careers that they utilize in their nontraditional role. Furthermore, they will consider whether women are more likely to pursue non-traditional legal work (and whether there is anything traditional legal employers could offer that would have influenced them to stay). Additionally, they will explore what, if anything, influenced the panel-members’ decision to discontinue their traditional legal work. To register, visit www.cincybar.org, call (513) 699-4028, or watch your mail for a brochure. l Plan Ahead for Trial Skills Program Trial Advocacy Institute July 22-27, 2012 Presented by the CBA and the National Institute for Trial Advocacy An intensive participatory program in trial skills taught by a seasoned faculty of trial lawyers, the biennual program concentrates on learning by doing. In the week-long program, participants work through exercises on voir dire, opening statement, direct and cross examination, closing argument, and demonstrative evidence. Participants receive constructive feedback from faculty members following each exercise. In addition, many exercises are recorded and then reviewed one-on-one with a faculty member. Participants also observe faculty members demonstrating each of the key trial skills. The week concludes with participants conducting mock trials before judge and jury at the Hamilton County Courthouse. Class size is limited; register early to save your seat and save $200 with the early-bird discount. The program qualifies for over 30 hours of CLE credit. To register, visit www.cincybar.org, call (513) 699-4028, or watch your mail for a brochure. 28 March 2012 CBA REPORT www.CincyBar.org continuing legal education CLE Honor Roll The CBA gratefully acknowledges the following individuals who contributed to seminars between Aug. 1, 2011, to Jan. 31, 2012 Alan H. Abes James R. Adams Jonathan Adams Rob Adams Robert A. Alexander Claudia G. Allen Richard Anderson Thomas D. Anthony Susan M. Argo Bradley C. Arnett Mark E. Avsec Shelley Bamberger Michael L. Baker Brad J. Beeson Ronald T. Bella Lynne Beresford Pierre H. Bergeron Prof. Marianna Brown Bettman Alan E. Bieber Hon. Timothy S. Black Shonita M. Black Timothy E. Bley Randal S. Bloch Edward J. Boll, III Michael G. Boudreau Amelia A. Bower C.R. Bowles Richard M. Boydston Jr. Jennifer L. Branch Joel S. Brant Kathleen M. Brinkman Phyllis E. Brown Matthew Brownfield Robert W. Buechner Stephen Buehrer Carolyn Buffington Beverly M. Burden Tara K. Burke Margaret A. Burks Casey M. Cantrell-Swartz Sean Carter Michael J. Chapman Robert W. Cheugh David Combs Mark E. Combs Hon. Ethna M. Cooper D. Michael Crites Jeffery A. Culver James R. Cummins Thomas L. Cuni Justice Robert R. Cupp Mark Curriden J. Michael Debbeler Douglas R. Dennis Binem Dizenhus Gwenn A. Dobos Andrew C. Emmert Rick J. Enriquez Sue A. Erhart Peter L. Faber Lesley A. Fair Helen M. Farrell, M.D. Eileen K. Field Christopher P. Finney Hon. Patrick F. Fischer Mark Fisher Elizabeth Fox William M. Freedman O. Max Gardner Patrick J. Garry Hon. Robert E. Gerber Kenneth B. Germain Gary M. Glass Eric W. Goering Robert A. Goering, Jr. Brian D. Goldwasser William R. Graf Kathy A. Grant Mark A. Greenberger John C. Greiner Asa P. Gullett Robert A. Guy, Jr. Roger Hall, Ph.D. Prof. Sam Han, Ph.D Michael W. Hawkins Scott M. Heenan Barron K. Henley Gail C. Hersh, Jr. Thomas W. Hess Joseph D. Heyd Hon. Lee H. Hildebrandt, Jr. Brooke E. Hiltz Hon. John E. Hoffman, Jr. Gregory Hogg, LISA, LICDC Hon. Jeffery P. Hopkins Tim Hrastar Prof. Ann Hubbard Hon. Guy R. Humphrey Stephen R. Hunt Timothy J. Hurley Kieran D. Hurley Tom Irving John G. Jansing Richard B. Jones Richard L. Katz Eric H. Kearney Jeffrey M. Kellner L. Craig Kendrick Jerry S. Kershner Monica V. Kindt Brent R. Kirkpatrick Kenneth P. Kreider Katherine M. Lasher Martin Latz Richard T. Lauer Robert F. Laufman Paul M. Laufman Joy Lawrence Dr. Henry C. Lee Stephen D. Lerner Carole Levitt, J.D. Kim Martin Lewis Elliott E. Lieb William B. Logan Jr. Hon. Jody M. Luebbers Richard A. Magnus Barry Malinowski, M.D. David G. Mallen Kenneth J. Manges, Ph.D. Eric A. Manterfield J. Michael Marous Chad Martin Stanley H. McGuffin Paul W. Mellor John H. Metz G. Christopher Meyer Keith D. Meyer Steven P. Miller Prof. Luke M. Milligan Donald J. Mooney Richard L. Moore Lisa A. Moore Jeffrey W. Morris Paula Boggs Muething Robert Musante Kelly Mulloy Myers Stephen M. Nechemias Hon. Randall J. Newson Hon. Soloman Oliver Jr. Hon. Mark P. Painter Timothy P. Palmer Hon. James M. Peck Frank M. Pees Sara L. Peller Alfredo R. Perez Karolina F. Perr Robin E. Phelan Raymond J. Pikna Jr. Kelly A. Pitocco Stephen J. Pomeranz, M.D. Jessica L. Powell Patricia A. Pryor Roxanne Qualls Mag. Paul D. Rattermann Richard L. Reinhold Erin C. Renneker George M. Reul Jr. Deborah Reynolds, LICDC Gary Richards Howard L. Richshafer Shawn M. Riley R. Gregory Roberts Mark Rosch John W. Rose Orly R. Rumberg Andrew B. Sacks Jerry S. Sallee Michael L. Scheier John A. Schuh Richard L. Schuster Julie L. Seitz William J. Seitz III Terry Serena Richard A. Setterberg David J. Sheehan Stephen A. Simon David A. Skidmore Jr. James J. Slattery Joseph C. Smith II Michael T. Spadea Katherine C. Spelman Dale A. Stalf Peter J. Stautberg Mark J. Stepaniak Hon. Robert L. Stoll Sheldon L. Stone Charles E. Strain Lynn S. Streck Sean S. Suder Hon. J. Howard Sundermann Jr. Virginia E. Tallent Julia E. Tarvin Jodie M. Taylor Stuart Teicher Hon. Susan Laker Tolbert Jason D. Tonne Brian Trotta Claire M. Turcotte Richard S. Wayne Robert N. Webner Jeffrey D. Weedman John L. Welch Prof. Alan M. White Hon. Michael G. Williamson John K. Williamson John Mark Williams Michael S. Williamson MaryAnne B. Wilsbacher Mag. Ellen T. Wolf Nicholas A. Zingarelli Harry B. Zornow Not a Perfect Fit? When your clients have needs that don’t match up, refer them to the CBA Lawyer Referral Service. Our panel of attorneys includes a range of expertise. The LRS staff can connect your client to a CBA member who can help. • More than 280 attorneys available • Matches can be made near the client’s work or home • No fee for using the service • First half-hour of consultation is $30 or less • Clients can call (513) 381-8359 during business hours or visit www.cincybar.org Interested in being part of the LRS panel? Contact Jamie Shiverdecker at [email protected] or at (513) 699-4013. www.CincyBar.org Lawyer Referral Service Since 1943, the CBA has offered referrals for the public, serving hundreds of clients each year. Let us help your client find a perfect fit. l March 2012 CBA REPORT 29 continuing legal education Solo/Small Firm Committee Hosts Art Museum Event What Lawyers Need to Know About Dealing with Art, Artifacts and Antiques Friday, March 30 4 to 5:10 p.m. CLE program 5:10 to 9 p.m. Art After Dark Cincinnati Art Museum, 953 Eden Park Drive 1.0 hour CLE credit CBA members are invited to learn about the exciting intersection of art and law from an expert panel in the Cincinnati Art Museum’s Fath Auditorium. Panelists include: • Dr. Julie Aronson, curator, Cincinnati Art Museum; • John Banner, a CBA member with experience in probate, appraisals, disposition, investments and tax issues regarding art, artifacts and antiques; • Wes Cowan, owner and principal auctioneer, Cowan’s Auctions, Inc., and appraiser and popular personality on PBS shows Antiques Roadshow and History Detectives; and • Randy Sandler, owner, Cincinnati Art Galleries. Following the CLE event, attendees will receive $10 in tickets for food and beverages to enjoy at the Cincinnati Art Museum’s Art After Dark, which features live entertainment, cocktails and appetizers and access to most of the museum’s galleries and its special exhibition, Nick Cave: Meet Me at the Center of the Earth. CBA members and their guests not able to attend the CLE are welcome to join the group at Art After Dark. To register, please visit www.cincybar.org, call (513) 699-4028 or see page 31. l Immigration Issues Touch on Many Practice Areas Immigration Law Presented by the CBA Immigration Law Committee Thursday, March 8, 2012 9 – 11:45 a.m. 12:15 – 3:55 p.m. Up to 5.75 hours CLE, including 1.0/ Ethics Immigration law often intersects with various other areas of law. Many attorneys who work in the corporate world or in family law and criminal law regularly encounter immigrant clients or immigration law questions in their work. The morning sessions, geared toward the corporate attorney, covers the immigration consequences of various topics, including mergers and acquisitions, I-9 compliance and subcontracting relationships. In the afternoon, addressing the concerns of the criminal and family law practitioner, the CLE will discuss the consequences of criminal acts by the immigrant client and services for immigrant victims of crime as well as how both the creation and destruction of familial relationships can affect the immigrant client. An ethics session near the lunch hour enables attorneys to get the most out of either full-day or half-day registration. To register, visit www.cincybar.org, call (513) 699-4028, or watch your mail for a brochure. 30 March 2012 CBA REPORT www.CincyBar.org continuing legal education Upcoming CLE Seminars Visit www.cincybar.org to register and for a complete calendar, updates, and full program agendas March 8 • 9 a.m. – 3:55 p.m. Immigration Law Up to 5.75 hours, including 1.0/Ethics $210 CBA Member ($300 Non-Member) March 14 • Noon–1 p.m. No Brown Bag Custody Law March 28 • Noon–1 p.m. No Brown Bag Zoning Changes: “There Oughta Be a Law” 1.0 hour* $15 CBA Young Lawyer $35 CBA Member ($50 Non-Member) 1.0 hour* $15 CBA Young Lawyer $35 CBA Member ($50 Non-Member) March 30 • 4 – 5:10 p.m. What Lawyers Need to Know About Dealing with Art, Artifacts & Antiques March 20 • 2 – 4:45 p.m. Video Replay Professionalism, Ethics & Substance Abuse Instruction @ Cincinnati Art Museum 1.0 hour $40 CBA Member ($55 Non-Member) 2.5 hours, including 1.0/Prof., 1.0/Ethics & .5/Sub. Abuse $90 CBA Member ($125 Non-Member) April 11 • Noon–1 p.m. No Brown Bag Court of Appeals : “If It’s Not in the Record, It Didn’t Happen” March 22 • 8:30 a.m. – 5 p.m. Reimagining the UCC in Your Practice 1.0 hour* $15 CBA Young Lawyer $35 CBA Member ($50 Non-Member) 6.0 hours $275 CBA Member ($380 Non-Member) March 23 • 9:15 a.m. – 12:30 p.m. Women in the Legal Profession 3.0 hours Professionalism $105 CBA Member ($150 Non-Member) April 17 • 9 – 11:45 a.m. Video Replay Professionalism, Ethics & Substance Abuse Instruction 2.5 hours, including 1.0/Prof., 1.0/Ethics & .5/Sub. Abuse $90 CBA Member ($125 Non-Member) April 19 • 8:55 a.m. – 12:30 p.m. Elder Law Update 3.25 hours $115 CBA Member ($165 Non-Member) April 20 • 8:30 a.m. – 4:15 p.m. Domestic Relations Instititute @ Hyatt Regency, Downtown Cincinnati 6.0 hours, including .5/Sub. Abuse $240 CBA Member ($330 Non-Member) April 20 • 8:55 a.m. – 12:15 p.m. It’s Not Just Mediation: Preparing for a Resourceful Resolution 3.0 hours $105 CBA Member ($150 Non-Member) April 24 • 9 a.m. – 4:30 p.m. eDiscovery with John Mallery Up to 6.0 hours Full-day: $240 CBA Member ($330 Non-Member) Half-day: $135 CBA Member ($180 Non-Member) April 25 • Noon–1 p.m. No Brown Bag Criminal Practice in the Hamilton County Municipal Court 1.0 hour* $15 CBA Young Lawyer $35 CBA Member ($50 Non-Member) *New Lawyer Training credit available. CBA Continuing Legal Education Registration Form Please register me for the following CBA-sponsored CLE events:______________________________________________________________________________________ _____________________________________________________________________________________________________________________________________ Name____________________________________________________________ Firm_________________________________________________________________ Address________________________________________________________________________________________________________________________________ City________________________________________________________________________ State______________________Zip_______________________________ Phone______________________________________e-mail______________________________________________ Enclosed is my check in the amount of $________________________ made payable to the Cincinnati Bar Association. Please charge my credit card the amount of: $_____________ q MasterCard q Visa q Discover q American Express Card Number________________________________________________ Exp. Date_______________________ Cardholder Signature_________________________________________________________________________ Pre-registration prices shown. Walk-in registrations subject to an additional fee. Advance registration is advised. Walk-in registrations will be limited to available seating space. Information is subject to change. Call (513) 699-4028 to verify information. All programs held at the CBA unless otherwise indicated. Register Online at: www.cincybar.org Mail or fax to: CLE Department 225 E. Sixth Street, 2nd Floor Cincinnati, OH 45202-3209 Fax: (513) 381-0528 Phone: (513) 699-4028 Cancellation Policy: Please refer to individual program brochure for cancellation policy. Special Law-Student Pricing: $50/Full-day programs; $25/Half-day programs; Free/programs less than 3 hours. www.CincyBar.org l March 2012 CBA REPORT 31 Legal Community News This section features current news and events of interest to the local legal community. News items may be submitted to Julie Kemble Borths at (513) 699-1391 or [email protected]. CALL Begins 16th Year The 2012 Cincinnati Academy of Leadership for Lawyers (CALL) held its first program in January at the National Underground Railroad Freedom Center. A highlight of the program was keynote speaker Dr. O’dell Owens. Dr. Owens spoke to members of this year’s class about community service, privilege and leadership. Below, program committee members Brian Thomas, left, Phenise Poole, second from right, and Calvin Tregre, far right, welcome Dr. Owens to the event. Letter To the Editor I read with interest the reply of the Court of Appeals to Judge Painter’s column on the propriety of footnotes in judicial decisions… I have a different view about the role of public comment of judicial decisions. First off, the First District Court of Appeals is, for all intents and purposes, the court of last resort for Hamilton County. It not only declares the law for the county. It also has an important influence on how lower court judges and the lawyers who practice in those courts behave. For example, there have been several reversals because of intemperate and prejudicial final arguments in criminal cases and medical malpractice cases. Unfortunately, the decisions of the Court of Appeals are not separately published and very few lawyers and lower court judges are even aware of their decisions on any regular basis. This information shortcoming needs to be addressed. Both the bar and the public are entitled to know more of the decisions of this court. With a wider dissemination of the opinions of the Court should also come more lively public comment about the decisions of the Court. After all, the progress of the law is a continuing discussion of what is just and fair. And public comment, respectful public comment, will engender respect for the institution of the court and the judges themselves, and not the opposite. Disagreeing respectfully is good citizenship. — Robert B. Newman l State Public Notice Website Now Available Courts, judges or clerks required by the Ohio Revised Code to publish public notices multiple times in a newspaper are now able to turn to a free statewide website as an alternative. The most recent state budget bill charged the state’s Office of Information Technology with creating a state public notice website which began in February. New Ohio Revised Code section 7.16 allows a state agency or political subdivision, after initially publishing the notice in full in a general circulation newspaper, to subsequently publish an “abbreviated” notice in the newspaper if the notice directs the public to the full notice on the state public notice website. Supreme Court staff has identified about a dozen instances in statute that require multiple notices by courts, judges or clerks. The OIT notes that users will need to register with the Ohio Business Gateway and establish an online account to use the state public notice website. OIT launched an informational version of the state public notice website on Jan. 18. Go to http://publicnotice.ohio.gov/index.stm to access the site. BLAC 20th Annual Scholarships & Awards Banquet Honoring the YWCA of Greater Cincinnati Saturday, March 31 Pavilion Room Hilton Cincinnati Netherland Plaza 35 West Fifth Street Downtown Cincinnati 6:30 p.m. Cocktails and Reception 7:30 p.m. Dinner and Program $65 per guest, $650 table of 10 Black tie optional. For further information or to reserve tickets, please contact Danielle at [email protected] or (513) 791-7919. 32 March 2012 CBA REPORT www.CincyBar.org If you are a a Cincinnati Bar Association member and you’ve moved, been promoted, hired an associate, taken on a partner, received a promotion or award, gotten married, had a baby, or have other news to share, we’d like to hear from you. News of CLE presentations and political announcements are not accepted. Generally, the CBA Report will not print notices of honors determined by other publications (e.g., Super Lawyers, Best Lawyers, etc.). Notices are printed at no cost, must be submitted in writing (preferably by e-mail) and are subject to editing. We also request a current, high-resolution, directory-style photo. Items are printed as space is available. News releases regarding lawyers who are not Cincinnati Bar Association members in good standing will not be printed. We publish news about our members. Submit items to Julie Kemble Borths at (513) 699-1391 or [email protected]. For address changes, contact Andrew Wells at (513) 699-1409 or [email protected]. The Hon. Nathaniel R. Jones received the Attorney of the Year award from the Judge Carl B. Rubin Legal Society of the Jewish National Fund. Jones served for two decades on the U.S. Sixth Circuit Court of Jones Appeals after being appointed by President Jimmy Carter in 1979. As an authority on civil rights litigation, in 1967 he served as assistant general counsel to President Johnson’s National Advisory Commission on Civil Disorders. From 1969 to 1979, Jones served as the general counsel of the NAACP. An internationally renowned civil rights activist, Judge Jones played an important role in furthering the abolition of apartheid in South Africa and was consulted by the drafters of South Africa’s new constitution and laws. In 2003, the U.S. Congress named the federal building and courthouse in Youngstown for him. Following his retirement from the Court of Appeals in March 2002, Jones assumed a position as Of Counsel with Blank Rome LLP. He serves as honorary co-chair and director of the National Underground Railroad Freedom Center and participates in a variety of other activities. He is a member of the Toyota Motor Manufacturing, North America, Inc. Diversity Advisory Board; a member of KnowledgeWorks Foundation Board of Trustees; and director emeritus of the Cincinnati Youth Collaborative. Jones and his late wife served as U.S. co-chairs for the World Choir Games 2012. He has taught at several law schools throughout the United States, has authored numerous articles and is the holder of 18 honorary degrees. The Rubin Society offers attorneys and judges from the Southern Ohio Region opportunities to learn about current events from distinguished speakers while networking with other high-powered professionals. The JNF, a United Nations NGO, supports Israel’s newest generation of pioneers by bringing life to the Negev Desert, sponsoring international conferences on desertification, afforestation techniques, and funding research on arid land management. Marc A. Randolph was named managing partner at Ritter & Randolph LLC. He will be responsible for the implementation of the firm’s strategic plan and day-to-day management. He succeeds his father, Daniel P. Randolph, who Randolph will remain a partner. Since he joined the firm in 2000, his practice has focused on estate and charitable planning, business and corporate law, non-profits, probate, estate and trust administration and elder law. He received his J.D. from Washington & Lee University in 1996 and a B.S. in business administration and marketing from Miami University in 1993. He is licensed to practice in Ohio and Virginia. Randolph is the secretary/treasurer and a trustee of the Cambridge Charitable Foundation, is vice president of the Center for Holocaust & Humanity Education, and serves on the board of the Hillel Foundation at UC. Scott A. Kane has been named managing partner of the Cincinnati office of Squire Sanders. Kane is a litigation partner with a focus on business and financial services-related litigation. He also represents debtors, creditors’ Kane committees, and other clients in disputed matters in commercial bankruptcy cases. In addition to his litigation practice, Kane leads Squire Sanders’ e-discovery and data management team and teaches a class on electronic discovery as an adjunct professor at the UC College of Law. Kane is president of the Cincinnati/Northern Kentucky chapter of the Federal Bar Association. He also serves on the CBA Professionalism Committee and is a member and past chair of the Common Pleas Court Committee. In 2008 he was given the Cincinnati Business Courier’s Forty Under 40 Award. Prior to law school, Scott served in the United States Army and is a veteran of Operation Desert Storm. Dusing member/firm news Hayden Benjamin G. Dusing and Angela M. Hayden have joined Adams, Stepner, Woltermann & Dusing, PLLC in Covington. Dusing is a partner in the litigation group, practicing in the areas of complex litigation, white collar matters, and government enforcement defense. A former federal prosecutor with extensive trial experience, he was a partner at Baker & and had previously served as an Assistant U.S. Attorney for the Department of Justice. He is a graduate of Georgetown University and the UK College of Law, from which he graduated Order of the Coif and served as editor-in-chief of the law review. Hayden will assist in creating an employment law practice group, specializing in defense of employment-related investigations and lawsuits, as well as a practice concentrated in complex commercial litigation. She joins the firm as an associate practicing in civil litigation with an emphasis on employment law and domestic relations. She is a member of a national team representing several manufacturing companies in the defense of toxic tort claims. Hayden formerly served as a staff lawyer for the Hon. James Mason, Franklin County Court of Common Pleas, Domestic Relations Division. Additionally, she was a legal extern for the Hon. James S. Gwin, United States District Court of the Northern District of Ohio. She is a graduate of the College of Mount St. Joseph and the University of Akron School of Law. Glen E. Hazen Jr. has been recognized by the OSBA as a Certified Specialist in family relations law. Licensed to practice in Ohio and Kentucky, he is a solo practitioner in downtown Cincinnati. Hazen www.CincyBar.org l March 2012 CBA REPORT 33 member/firm news Calvin Buford, a partner in Dinsmore’s Cincinnati office, has been appointed to serve on the Greater Cincinnati Foundation’s board of directors. The Greater Cincinnati Foundation is a nonprofit organization devoted Buford to philanthropy and charitable giving in the community. Buford focuses his practice in general corporate and transactional matters, including mergers, acquisitions and dispositions of publicly and privately held businesses; and debt and equity financings including senior, mezzanine and venture capital financing. He is active in the community including board positions for the Cincinnati Art Museum, Cincinnati Center City Development Corporation, and Mercy Health Partners Southwest Ohio. Brian D. Flick recently attended and graduated from Max Gardner’s Bankruptcy Boot Camp, a four-day intensive training course exclusively for debtor’s attorneys taught by Gardner, a consumer bankruptcy attorney. The Flick program includes training bankruptcy law, real estate law, securities law, the Fair Debt Collections Practices Act, Uniform Deceptive Acts and Practices, and Truth in Lending Law among other topics. Michael T. Mann has joined the board of trustees for the Clovernook Center for the Blind and Visually Impaired, a not-for-profit organization in North College Hill. He will be serving on Clovernook’s Services, Mann Planning and Management Committee, which advises the board on personnel-related issues. Mann is a graduate of the UC College of Law and currently works with his father at Mann & Mann, LLC located in downtown Cincinnati. He serves on the CBA’s Admissions and Unauthorized Practice of Law committees. He also volunteers as a mentor to recent law school graduates through the Ohio Supreme Court’s lawyer-tolawyer mentoring program. l Bitter Droder Kai Bitter, Eugene Droder III, and Nilesh (Neal) Patel have been appointed as members of Frost Brown Todd. Bitter advises multinational businesses in corporate and commercial matters, and is regularly involved in Patel mergers and acquisitions, joint venture formations, distribution and agency agreements, and transnational dispute resolution. He is admitted as a lawyer both in Germany and Ohio, and launched a German desk in the firm’s Cincinnati office. Droder focuses his practice on employment and class action litigation, particularly on defending wage and hour claims and collective actions across the country. Droder graduated magna cum laude from the University of Dayton School of Law in 2004 and from Miami University, Oxford in 2001 with a double major in journalism and political science. Patel is an advertising and intellectual property attorney with significant experience in marketing, advertising and intellectual property licensing matters. Patel regularly counsels clients on claim substantiation, sweepstakes, word-ofmouth marketing, trademark/copyright and other intellectual property licensing, website operations and virtually all types of promotion-related agreements. Shane Sidebottom was recently awarded the 2011 Volunteer of the Year Award by the Northern Kentucky Bar Association. Sidebottom was the inaugural recipient of the award which recognizes an attorney for his or her Sidebottom commendable volunteer contributions to the mission of the bar association and the legal community. Sidebottom practices with Wolnitzek & Rowekamp, PSC, in Covington, where he maintains a general litigation practice with a focus on private and public employment law and U.S. immigration law. Robert W. Hojnoski has been appointed managing partner of Reminger Co. LPA in Cincinnati. Hojnoski joined the firm as an attorney in 1998 after graduating cum laude from the University of Dayton School of Law. He Hojnoski became a partner in 2003 and joined the firm’s management group in 2006. Over the past 13 years, Hojnoski has developed an extremely diverse practice in the areas of civil and business litigation, primarily focused on the representation of medical and non-medical professionals, product manufacturers, service providers, non-profits, contractors and engineers, private and commercial motorists, retailers, and various other individuals and businesses involved in disputes. In addition to taking on the role of managing partner, he serves as co-chair of the firm’s general casualty practice group and pharmaceutical and medical device group. He graduated from the Cincinnati Academy of Leadership for Lawyers (CALL) in 2009 and remains active in that organization. He was recently invited to join the Council on Litigation Management. He is a member of the CBA, OSBA, Kentucky State Bar Association, Defense Research Institute and the Ohio Academy of Civil Trial Attorney. Hojnoski is also a former adjunct professor at Chase School of Law where he assisted with the national trial advocacy team. Hojnoski was a member of the national trial team while in law school. Graydon Head attorney Steve Black was elected to the Public Media Connect Board of Trustees, which oversees the partnership of CET and ThinkTV. Black has been with Graydon Head for over 30 years. His professional Black interest focuses on trust and probate litigation. His practice has involved will and trust contest cases, prosecution and defense of breach of fiduciary duty claims, and trust construction and reformation actions. Black has also spent a significant amount of personal time serving the nonprofit community, having served on a dozen or so boards of trustees and chaired several. He earned his J.D. from Harvard Law School and A.B., magna cum laude, in economics from Harvard College. 34 March 2012 CBA REPORT www.CincyBar.org member/firm news J. Robert (Bob) Chambers has been named senior partner of Wood Herron & Evans LLP, where he will serve as its public spokesperson. Chambers succeeded David Stallard, who will continue with the firm Chambers in an of counsel capacity. Chambers joined Wood Herron & Evans in 1973 and has been involved in all phases of the firm’s intellectual property practice. His expertise is concentrated in the areas of litigation and client counseling. During his 35 years of litigation practice, Chambers has handled cases in federal and state courts across the country, the Court of Appeals for the Federal Circuit, and the Supreme Court of the United States. He received his J.D. magna cum laude from Wayne State University. Stallard joined the firm in 1970 and concentrates in the areas of mechanical and electromechanical subject matter, trademarks and client counseling. Stallard received his J.D. from the University of Louisville Law School, where he served as Justice of Phi Alpha Delta and as Associate Editor of the Journal of Family Law. Benintendi Glassman Chris Benintendi and Mike Glassman, both partners in Dinsmore’s Cincinnati office, were recently elected to serve on the firm’s board of directors. Benintendi is a member of the litigation department and workers’ compensation practice group. Benintendi is a frequent speaker at advanced, intermediate, and basic workers’ compensation seminars. He earned his J.D. from the University of Dayton School of Law and his B.A. from Wittenberg University. Glassman is a member of the firm’s labor and employment department and chairs the employment law practice group. He has practiced management-side labor and employment law for over 30 yearsHe earned his J.D. from UC College of Law and his B.A. from UC. www.CincyBar.org Allen Somogy Three attorneys have joined Wood Herron & Evans LLP. Lisa M. Allen will support the firm’s patent practice in the biotech, chemicals, and materials science fields. She obtained her B.S. in engineering science and Sopko French from Vanderbilt University and her law degree from Georgetown University. Derek J. Somogy will support the firm’s patent practice in the mechanical arts. He obtained his B.A. in physics from the College of Wooster and his law degree from The Ohio State University. Jason D. Sopko will support the firm’s patent practice in the electrical arts and its litigation team. He earned his B.S. in electrical and computer engineering at The Ohio State University and his law degree at Cleveland Marshall. Before joining Wood Herron & Evans, he served four years in the U.S. Air Force Judge Advocate General’s Corps (JAG). With these new hires, Wood Herron & Evans’ intellectual property practice now includes 51 attorneys. Karen Gaunt, formerly with Wood, Herron & Evans, LLP, has joined Dinsmore’s Cincinnati office as a partner and as the director of the firm’s trademark, copyright and brand strategies group. She joins the firm’s intelGaunt lectual property practice, which includes more than 40 full-time IP attorneys and more than 30 registered patent attorneys. She was selected to CALL and she is very active in the community, serving on the University Club Board of Governors and as Co-Chair of the University Club’s Speaker Series Committee. Gaunt also devotes time to Cincinnati Therapeutic Riding & Horsemanship, serving on its board of trustees, and is a member of the advisory board for Birthright Inc. She earned her J.D. from the UC College of Law and her B.A. from Denison University. Joan Verchot, a partner in Dinsmore’s Cincinnati office, was appointed by The Ohio State Bar Association Board of Governors to study gender fairness in the legal profession. The OSBA Special Committee to Verchot Review Gender Fairness in the Legal Profession issued its report in October. Verchot was one of 24 members on the committee responsible for reviewing and providing recommendations to the Board of Governors regarding the adoption of the 1995 Task Force Report in the Ohio legal system. The committee, formed in September of 2008, researched, reviewed and analyzed information for over three years. Verchot practices in the areas of litigation and workers’ compensation, concentrating on litigation at the administrative and trial court levels. She is certified in workers’ compensation law by the Ohio State Bar Association Workers’ Compensation Specialty Board. Ready for retirement? Income strategies, account consolidation, investment management Michael W. JarroldGrapes, CFP® Francis J. Niehaus, JD, CFP® Kevin J. Walsh, CFP® Financial planning & investments since 1987. 4820 Glenway Ave., Cincinnati, OH 45238 www.niehaus3.com • (513) 471-9600 Securities offered through Securities America, Inc., Member FINRA/SIPC Advisory services offered through Securities America Advisors, Inc. Niehaus Financial Services, LLC & the Securities America companies are independent entities. l March 2012 CBA REPORT 35 member/firm news Mark Silbersack, a partner in Dinsmore’s Cincinnati office, has been elected president of Children, Inc., an organization dedicated to bringing success to children and families through quality early childhood care and Silbersack education, before and after school care to assist working parents, and service learning opportunities for thousands of children in the region. Silbersack has been a member of the Children, Inc., board since 2003. Silbersack is a member of the firm’s litigation department. His practice focuses on antitrust and product liability litigation and counseling. He has participated in the defense of restraint-of-trade, monopoly, price discrimination, and unfair competition cases. Silbersack’s experience includes internal corporate audits and investigations, class actions, punitive damages, and appellate work. Callan Christopher Sean P. Callan and John E. Christopher, former partners at Dinsmore, have joined the law firm Manley Burke as partners. In addition, they, Tim Burke and Dan McCarthy have established Fraternal Law Partners, the nation’s only law practice dedicated to serving fraternities, sororities, student-life organizations and their related educational and charitable foundations. Cheryl S. Scotney has joined Keating Muething & Klekamp PLL as a partner in the intellectual property practice group. Scotney has experience in protecting corporate intellectual property, including preparing and Scotney prosecuting domestic and foreign trademark registration applications and preparing and prosecuting domestic and foreign patent applications involving inventions pertaining to the chemical arts. Prior to joining KMK, Scotney worked for more than 12 years as both a trademark and patent attorney with the Standley Law Group LLP in Dublin, Ohio. Prior to earning her J.D. from Capital University Law School in 1998, Scotney was employed with Chemical Abstracts Service working in various areas during her career there, including in the editorial division, organic chemistry department, patent services department, Markush department, and the marketing division. Scotney earned her B.S. from Ball State University in 1976. Found! Have You Been? For more information about Cincinnati Lawyer Finder, please contact Maria Palermo at [email protected] or 513-699-1402 or John Norwine at [email protected] or 513-699-1400. For a closer look, check out www. cincybar.org. and click on “Need a Lawyer” l 36 March 2012 CBA REPORT www.CincyBar.org member/firm news Bingham Greenebaum Doll LLP, recently formed by the merger of Bingham McHale LLP and Greenebaum Doll & McDonald PLLC, has named its regional managing partners, including Mark T. Hayden in Cincinnati. Hayden Hayden has experience in a wide variety of litigation matters and concentrates his trial practice on complex business disputes, product liability, insurance coverage, ERISA litigation, trademark/ copyright litigation and employment litigation. Hayden serves on the OSBA Litigation Section Council’s Newsletter and Publications Committee, the Cincinnati Chamber of Commerce Regional Youth Leadership Steering Committee and on the Covington Catholic High School Board of Directors. He earned his undergraduate degree from Indiana University in 1983. Hayden earned his law degree from the Indiana University School of Law in 1986. FIRM NEWS Welcome New Members Dinsmore has opened an office on the Route 202 corridor in suburban Philadelphia in Wayne, Penn. The new office becomes Dinsmore’s second in the state following an expansion into Pittsburgh a decade ago. The office includes five attorneys, specializing in commercial real estate and commercial mortgage-backed securities as well as in banking, regulatory and transactional matters, who were formerly with Burns White LLC, which merged with Dinsmore. Rendigs, Fry, Kiely & Dennis LLP was honored with the Medical Mutual 2012 Pillar Award for Community Service for its contributions to the community. The firm promotes company participation in one charitable effort per quarter, such as making cards for Ronald McDonald House or making food at the Kids Against Hunger factory. Employees are also involved in the community on an individual basis, supporting more than 80 organizations. The CBA Board of Trustees has approved the following for membership: Attorney James Alexander Cornetet Meyer Rush & Kirzner Co. LPA Sylvie Derrien Statman Harris & Eyrich LLC Frederick Fehr Cohen Todd Kite & Stanford LLC T. Finney Vorys Sater Seymour & Pease LLP Beth Freemal Chavez Properties Kara Hardy Path Forward IT George Jonson George N. Jonson Co. LPA Diana Link Phyllis G. Bossin & Associates A Legal Professional Association Dustin Looser Lerner Sampson & Rothfuss LPA Lynda Mathews Graydon Head & Ritchey LLP Kelly McKoy Lerner Sampson & Rothfuss LPA Joseph McVicker Vorys Sater Seymour & Pease LLP Michele Murphy Flagel & Papakirk LLC Victoria Norton UC Health University Hospital Candise Powell Get your case irection d r e h t o n a aded in he Use Cincinnati Bar Association Arbitration Services. • An outstanding panel of local arbitrators you’ll know and trust • Easy to use • Cost-effective • Administered by CBA staff Ar b i t r a t i o n S e r v i c e s Language for your contracts — as well as more information about the panel and the services — is at www.cincybar.org or contact CBAAS Coordinator Jamie Shiverdecker at [email protected] or at (513) 699-4013. www.CincyBar.org Timothy Puin McCormick Barstow LLP Cheryl Scotney Keating Muething & Klekamp PLL Tyler Shank Lerner Sampson & Rothfuss LPA Kendall Shaw Porter Wright Morris & Arthur LLP Henry Sheldon Alfred Shikany Dinsmore & Shohl LLP Anitra Walden-Jacobs Jackson Lewis LLP Affiliate Elizabeth Kauffman G.E. Aviation l March 2012 CBA REPORT 37 memorials This section honors the lives of deceased members of the local bar. For more information about this service, please contact Kathy Schmidt at (513) 699-1390 or [email protected]. Greg Ruehlmann Sr. 1955-2011 For our family, there are different little things that bring Dad into our line of sight, or bring his voice to our ears — and they did so as much when he was alive as they do now. Flannel shirts, briefcases, high school football, open windows on fall afternoons: all of them remind us of him. For my wife Diana and I, it’s something far more fundamental. I share his name, and so we instinctively see his face every time my own name is called. When I summered at Dinsmore and Shohl after my first year of law school, I thought of my father every time I glanced at my name etched across the top of the stationery on my desk and peered out the windows at the buildings of downtown Cincinnati around me. We all have these tiny things, these unique triggers that spark a memory of the people we love. These glimpses can’t capture the depth and complexity of the person they call to mind. But in the weeks since Dad’s passing, the response has been vast and filled with admiration and rich memories — memories that together give us something of a full picture and reflection of the man as he was. They give a reflection of a man who fiercely loved his family: his four children and daughter-in-law, the father who was his great hero in life, and the late mother he adored whose picture he carried with him nearly everywhere he went. He loved his seven brothers and sisters, his siblings’ spouses, his nieces and nephews and their own children. Most of all, his love of family is reflected in what he saw as the greatest accomplishment of his life, a marriage he entered nine years ago with his wife, Jean, that gave him a new daughter, a new extended family he saw as his own, and a shining source of generous love who transformed his life. Our Dad dealt with debilitating physical pain in his last years, yet he always carried himself as if he had won the lottery because of Jean, who showered him with care and love that grew to meet every challenge, and every ache and ailment that time visited upon him. Dad didn’t just love Jean, he venerated her. The memories and associations we bring together give us an even fuller picture still. They capture a man who in youth had been one of Cincinnati’s best prep athletes, and who in adulthood was a supremely gifted courtroom lawyer — first at Strauss, Troy and Ruehlmann, then Vorys, then White, Getgey and Meyer, and finally at Squire Sanders. He was possessed of an uncanny wit but never turned down a chance to make an intentionally bad pun. He was crazy about UC basketball and Monty Python, and had an infallible recall of every lyric to every song that ever played on Oldies 103.5. He was a man blessed with many friends, some of whom he had known since first grade at St. Teresa of Avila in Price Hill, and others who were much younger, met him much later, and came to view him like a father. Dad was intensely loyal, dependable and generous; as a lawyer, he was tireless in his work for his clients and colleagues. He truly embodied that ultimate notion of the attorney as counselor, and among his vast array of friends he counted many who began as clients then came over time to lean on him for broader advice in everyday life. The unique triggers that cause each of us to remember the ones we love and glimpse them out of the corner of our eye and hear their voice: those are the things that death leaves us with. At a time like this, it’s very hard to see them as anything but meager substitutes for the real thing. Yet we take comfort in the hope of faith, in the lives Dad touched, and in the good memories that remain with us. I want to thank you for sharing in our remembrance. I thank you on behalf of Jean and my three siblings, on behalf of our grandfather, our aunts and uncles and extended family. And I thank you on behalf of our Dad, who was so proud to count himself as one of you. — Greg Ruehlmann Jr. l Leon Loeb Wolf 1926–2011 In 1972, Leon Wolf hired me. I was in the second year of law school; he was an established lawyer with a thriving practice. He paid me slightly more than most of my classmates were getting—$4/hour. (But draft beers were 20¢.) Of course, being in law school I had no idea about practicing law. Back then, the law school (UC) was much more divorced from practice — and reality — than now. All I learned about the actual practice of law I learned from an ideal teacher. Leon was patient, brilliant, persuadable, encouraging, and a consummate lawyer. He treated his clients, and other lawyers, with the dignity and respect appropriate for a profession. I learned by example. Back then, it was possible to be a general practitioner. It was before the mushrooming of laws, regulations, and specialized government agencies. The “Revised Code” (don’t they have nerve to call it that?) was much less than half what it is now. You could do litigation, domestic, probate, small business, personal injury, and even criminal. Leon taught me all of it, which served me well later, both in practice and as a judge. Leon and I practiced together for six years, first at Weinberger, Grad & Wolf and then at Smith & Schnacke after a merger. When I moved on, we remained friends forever. Leon was a consistently fine lawyer. And he was consistent in his personal life. He and Betty Ann were married for 63 years. As long as I knew them they lived in the same modest house, on Sunnyslope Drive in Paddock Hills, where they raised their five daughters: Betsy, Jo, Peggy, Kate, and Julie. Leon retired in 2008, after practicing law for 57+ years. I never heard anyone say an unkind word about him. He was never less than an AV lawyer and a cheerful soul. He died just short of his 85th birthday. Leon Wolf was my legal mentor. But I will never be half the lawyer he was. — Mark P. Painter 38 March 2012 CBA REPORT www.CincyBar.org For display and classified advertising rates for the CBA Report, contact George R. Quigley Sr. at (513) 779-7177 or [email protected]. CBA members receive a discounted rate! office space AVAILABLE EXECUTIVE OFFICE available in suburban law office, convenient to Ronald Reagan Highway. Full service office including Internet and Lexis Law. Alternative rental arrangements available. Excellent opportunity for recently admitted attorney desiring to build a law practice. Call Steve Halper (513) 793-4400. OFFICE SPACE AVAILABLE at 125 E. Court Street in downtown Cincinnati. Space consists of attorney office in 10th floor suite. Includes receptionist, secretary, library, conference room, copier and fax. Attached garage parking available. Call John McClure or Lou Rubenstein at 513-241-7460 OFFICE SPACE - Tri-County. Make 2012 the year you started your own practice. Keep the all fees you generate, pay a low (fixed) overhead, manage your own workflow, and enjoy a referral network of nine other attorneys. Get the benefits of being on your own without the start-up costs of a new practice. Currently, we have openings for three attorneys and support staff. If you are interested in only having a part-time practice or do not need a full time office, we have options for virtual lawyers (remote access). This would allow you to work from home, affiliate with the firm, and use our office for meetings. Contact John Cornetet 513-7712444 or [email protected] MT LOOKOUT SQUARE 1050 Delta, Office Space lease up to 1500sq ft mthly or L Term, Pkg, Brk Rm, Conf Rm, Receptionist, Phone, Fax, Copier, Internet. (513) 842-7996. Advertising Index Center for Resolution of Disputes........................9 Cincilingua.................................................................... 28 Cincinnati Art Gallery..............................................17 classified ads POSITIONS AVAILABLE CLASS “A” OFFICE SPACE IN BLUE ASH near I-71 and I-275. Well appointed professional offices. Can accommodate one or two attorneys plus staff, two conference rooms, full time reception and phone. Referrals available from established tax controversy firm with wide experience in estate and trust matters. Excellent opportunity for entrepreneurial lawyer to grow book of business. Call Tom Utaski (513) 563-4555. OFFICE AVAILABLE in a historic 3-story brownstone at 115 W. Ninth. Includes parking, receptionist, two conference rooms, copiers, server, phone, internet and more. Call (513) 621-2888. OFFICE SPACE AVAILABLE at 810 Sycamore Street. Office sharing arrangement with offices of various sizes. Receptionist (M-F, 8-6 / Sat. 9-1), internet, cable, state-of-the-art phone system, two (2) conference rooms on each floor and large, fully equipped kitchen with balcony. Please contact Kelly Farrish at (513) 621-8700 or (513) 403-9699. OFFICE SPACE AVAILABLE at the Cincinnati Bar Center, 225 E. Sixth St. Full fourth floor, approximately 7,000 square feet. Additional meeting space available in the building, so lessee can minimize builtout conference space. Ideal for law firm or other entity serving the legal community. For more information, please contact CBA Executive Director, John C. Norwine, (513) 699-1400, [email protected]. Phillips Law Firm, Inc. located in a charming historic building in the heart of Olde Montgomery seeks an attorney with 5+/years of experience. Experience in litigation practice (commercial, personal injury, and domestic relations) and non-litigation practice (business transactions, real estate, and estate planning) a big plus. Referral work is available. Compensation is based upon revenue collected. Benefits and many amenities are available. Send resume in confidence to: John H. Phillips, Phillips Law Firm, Inc., 9521 Montgomery Road, Cincinnati, Ohio 45242 or [email protected]. Kohnen & Patton LLP, a mid-sized Cincinnati law firm with a six-member estate planning practice group, has an opening for an attorney with 10-20 years of experience in the estate planning field. The candidate must have an openness to learning international estate planning and administration. Interested persons may send their resume in confidence to [email protected]. No calls please. Professional Services Lawyers: need help with an appeal or a jurisdictional memorandum? Marianna Brown Bettman, former Ohio state court of appeals judge, provides appellate consulting services to lawyers. Marianna Brown Bettman, 400 Pike Street, Cincinnati, Ohio 45202; (513) 281-0978; [email protected]. www.legallyspeakingohio.com Ethical Quandary? March Ethics Hotline Attorneys Ann Schooley (513) 381-9369 Chuck Strain (513) 621-2889 Freking & Betz LLC....................................................11 Hamilton County Law Library................................6 Niehaus Financial Services..................................... 28 Office Key..................................................................... 40 One Source Discovery.............................................13 Quintairos Prieto Wood & Boyer PA................15 Rivepoint Capital Management.............................10 UC College of Law........................................... 2, 7, 13 www.CincyBar.org The members of the CBA Ethics & Professional Responsibility Committee listed above are available to help you interpret your obligations under the Ohio Rules of Professional Conduct. Questions posed should be framed hypothetically and should relate to your own prospective conduct. The committee also accepts requests for written opinions. l March 2012 CBA REPORT 39 NON PROFIT U.S. Postage Paid Cincinnati, Ohio Published by the Cincinnati Bar Association The Cincinnati Bar Center 225 East Sixth Street, 2nd Floor Cincinnati, OH 45202-3209 CHANGE SERVICE REQUESTED Permit No. 5415
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